The Historic Landmark Commission faced an unusual case last week, when a construction proposal at a landmarked home at 1412 W. Sixth 1/2 St. collided with pending City Council action to ban unsafe fence designs.
The resolution, which would mandate flat tops for new fences under 6 feet tall and prohibit gaps running 2 to 9 inches between pickets, secured unanimous recommendation from the Planning Commission in May. Council is slated to make the final call at its upcoming meeting on July 20.
The fence in question prompted impassioned testimony from owner Jeff Albrecht, who argued his 3-foot wrought-iron design with ornamental finials was both in keeping with the city’s Historic Design standards and a more effective deterrent to unsafe climbing. Commissioners ultimately agreed, voting 9-1 to approve the construction, with Commissioner JuanRaymon Rubio against.
“One of the most widely cited safety studies was conducted in 1994 by Rabinovich, and it demonstrated 30 percent of 4-year-olds can quickly surmount a 4-foot flatiron fence. … It also showed adding a climb deterrent prevented 100 percent of those children from doing so,” Albrecht said. “Finials communicate that climbing is forbidden here – this isn’t a jungle gym, don’t sit or hang on this fence. … I ask city staffers responsible for this draft code how an easy-to-climb fence on a retaining wall abutting the street is safer for my grandchildren.”
Hazards posed by fencing garnered attention following the tragic death of 2-year-old Kade Damian, who in 2018 got stuck while climbing a 4-foot iron fence and asphyxiated. Since then, Damian’s family has advocated for a reshaping of fence design standards to prevent future accidents. Similar initiatives have taken shape in cities like Lakeway, which passed a safe fencing ordinance in 2019, largely in response to injuries sustained by jumping deer.
While the changes are perhaps on track for adoption, many fences with spiked ornamentation and widely spaced pickets remain at the city’s historic homes and landmarks, including at the Capitol. While the draft ordinance affects only new installations and reconstruction, commissioners wondered whether an exception for historic properties was in order.
“I absolutely understand the concern about safety for the sharp-edge fences and the damage they can do, but I think we have a different situation with fences that have been here for a very long time,” said Chair Ben Heimsath. “I think we’re asking that be a distinction, ideally brought into code, because that’s not necessarily the same type of issue as the danger posed by a more modern spiked fence, which has a different intent and purpose.”
Council will hold a public hearing on the matter later this month. Until then, those in the market for a new fence may want to stay tuned.
The Austin Monitor’s work is made possible by donations from the community. Though our reporting covers donors from time to time, we are careful to keep business and editorial efforts separate while maintaining transparency. A complete list of donors is available here, and our code of ethics is explained here.
And we’re honored you look to us for serious, in-depth news. You know a strong community needs local and dedicated watchdog reporting. We’re here for you and that won’t change. Now will you take the powerful next step and support our nonprofit news organization?
Historic Landmark Commission: The city’s Historic Landmark Commission promotes historic preservation of buildings and structures. The commission also reviews applications and permits for historic zoning and historic grants.
historic preservation: Official actions of a municipality such as the City of Austin taken to preserve structures with their jurisdiction. Preservation is often accompanied by a property tax exemption.
