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Fence Problem

Tuesday, June 8, 2010


Since I was instrumental for getting the setback removed from corner houses maybe I should give you some facts on it.

It took over 4 years to get the code changed, the commission did not just reject staff’s recommendations. I live on a corner lot so I am a tad more experienced as to the problems with the setback.  

Before you had to go before the board of adjustment to get a fence on the side yard further than the edge of your house.  At that time the setback varied as to what the board would allow. Some were 7 ft some were 4ft some were 2ft there was no consistency.  

Now the unfair part of not allowing us to put a fence on our side yard is that it allowed open access to our yard to your "passing pedestrians" in which they seemed to think our side yards were their own personal bathrooms, garbage cans and dog run( I even had someone taking a nap under my tree once).  

Had the commission said that interior yards(houses next to ours) had to have a 2 ft area that pedestrians could use then it would have been fair.  Having to landscape and irrigate a 2ft area that we did not want or need was an unnecessary expense and burden on us not to mention it took 2 ft of our yard away from us.  

The various setbacks that were given by the board of adjustment created all sorts of safety problems since someone could hide at the side of the fence and not be seen by the "passing pedestrians."

Your number 2 picture is a perfect example of a safety problem since the two fences do not meet. Not allowing us to fence our side yards gave access to bedroom windows that interior lots did not have to deal with as your picture 3 shows.

Your opinion of "landscaped" and someone else are going to differ. I could easily plant bougainvillea along the sidewalk and let the thorns solve my problems or you could plant " shrubbery" for them and maintain it since it is you that wants it not the homeowner.
  
I believe the actual issue you have is the condition of the fences which is a code violation and has nothing to do with the setback. Fences should be maintained and if they are not they should be coded. Plain and simple.

Le, Peerman Margate Resident

FYI

The code stated that corner lots had to have a 15' setback on side yards nothing that the 15' could not be fenced in. For years the code was interpreted to mean no fences but it never actually said it.
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