Request for Appeal Re: Fence Permit Application # 2020-10895
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
Request for Appeal Re: Fence Permit Application # 2020-10895
Submitted to Perry Township July 7, 2020
1. Your Name, Address, Email Address, Phone Number
Joel and Katherine Whitesel, 1328 Beechlake Drive
joel_whitesel@yahoo.com kamwhitesel@yahoo.com
614-846-9479
2. Your Neighbor’s Name and Physical Address of where the fence is
located
Derek and Carolyn Riley, 1316 Beechlake Drive
3. The reason for your appeal request.
We feel obligated in filing this appeal request because failure on the part of the township to
enforce the code as written, enabling violation of, or allowing blatant disregard for the
zoning code would render it useless and would be a disservice to the residents of the
township as well as a dereliction of duty by township officials. By filing this appeal request
we hope that the wrong that has occurred will not only be rectified, but also our
neighborhood and residents of our township will be protected from similar, potential future
wrongs as a result.
We are filing this appeal request in objection to both the issuance of the fence permit
Application #2020-10895, and the final passage of zoning approval for the same fence which
was installed at 1316 Beechlake Drive in April 2020.
Both the issuance of the permit by the township, and the installed fence violate “Perry
Township Zoning Resolution With Amendments through January 3, 2020” and the
“Certificate of Zoning Compliance” in the following ways:
1) The permit request that was submitted by the contractor indicated a PVC (poly vinyl
chloride) wire fence with treated lumber fence boards and showed a corral board fence
as the proposed fence, which is not a compliant combination for a permit to be issued.
To our knowledge a variance was not requested or granted, therefore the permit itself is
invalid. The PVC fence constructed at 1316 Beechlake Drive is used in conjunction with a
corral board fence. As just stated, this combination is not compliant with the zoning
code. A portion of the fence is PVC fence alone, which also is not compliant with the
zoning code.
2) The location where the fence was installed on the west side of the 1316 property is not
the location indicated and approved in the permit application. In addition, a portion of
the fence in the north west corner of the 1316 property (the portion that is PVC alone)
crosses the property line and is illegally attached to our fence.
3) Sections of the fence are not structurally sound.
4) The fence is not safe.
15) The fence is not properly finished.
6) The type of fence, its height, and location where it is installed make it impossible for the
property owners to properly maintain the ground between the fence and the property
line.
7) The type of fence, its height, and location where it is installed make it impossible for the
property owners to properly maintain the fence in the future.
4. Based on the Perry Township Zoning Code which can be accessed via
this link
https://www.perrytwp.org/DocumentCenter/View/49/Township-
Zoning-Code , cite the specific section(s) and text of the code whereby
you believe the fence is out of compliance.
In this portion of our appeal request bold text is used to distinguish the code text from other text
and underline in the code text indicates the specific text portions being addressed below the
citation.
A) CITATIONS SUPPORTING APPEAL REASON #1 - SEE PHOTOS 1A, 1B, 2, 3
502.03 Regulations –Fences, Walls, and Hedges. No fence, wall or hedge shall be erected without the
issuance of a Certificate of Zoning Compliance. Applications for such permit shall include plans and
drawings showing the actual and accurate shape and dimensions of the property upon which the
fence, wall or hedge is to be erected; the exact height, location, length, type of material and type of
construction of such proposed fence; the location of the buildings on the lot; or any such other
information as deemed necessary for such permit.
The application submitted by the contractor specifically stated treated lumber boards and PVC
coated wire fence would be used. It also included photographs of a corral board fence, not a
split rail fence, as an example of the proposed fence.
➢ The Code Enforcement Officer, upon reading and reviewing the application, would have
known the request was for a fence that would not be compliant with the township’s
zoning code 502.031 Permitted Fencing, yet still granted the certificate for a fence that
would be in violation of the code.
502.031 Permitted Fencing
The following fence types shall be permitted in required yards as follows:
4) Vinyl clad, plastic or PVC (poly vinyl chloride) fences in colors black or green used in
conjunction with a split rail fence
720.01 DEFINITION OF WORDS. Except where specifically defined herein, all words used in this
Zoning Resolution shall carry their customary meanings.
2The PVC fence constructed at 1316 Beechlake Drive is used in conjunction with a corral board
fence. The code only allows PVC fence to be used with a split rail fence. “Split rail” is not
specifically defined in the fence code or in section 720.01, so according to section 720.01 it shall
carry its customary meaning. Listed here are references which provide the customary meaning
of “split rail”.
• Longfence.com: “Split Rail – A post and rail fence made from rough hewn wood usually
consisting of two or three horizontal rails that fit into notched posts.”
• homeadvisor.com/r/fences-glossary/ “Split Rail: A popular post and rail fence made
from rough hewn wood, usually consisting of two horizontal rails that fit into notched
posts.”
• Olde Stone Crossing Design Guide For a close-to-home example of the customary
meaning of “split rail”, a neighborhood nearby to Worthington Hills, Olde Stone
Crossing, has the following as a part of their community’s Design Guide:
“3) Fencing for the homes shall consist of a split rail design at a height of 42” made of
natural color, treated cedar and remain in a natural color. A mesh lining can be applied to
the interior of the fence. (See Exhibit 5)” Source:
http://www.oldstonecrossing.net/improvement-requests/ contains a link to
https://drive.google.com/file/d/0B7G01iG7LuRCN1VYOHk5LUNWNEU/view
The Exhibit 5 referenced in that document, is included as Photo 2 in the photos attached
to this appeal request. It is a photo of a common split rail fence. You will see upon
inspection it is constructed of rough hewn wood and has horizontal rails that fit into
notched posts. If you drive through Olde Stone Crossing you will see that this customary
meaning of “split rail” fencing is demonstrated by the reality that rough hewn wood
with notched posts is used exclusively in that neighborhood.
• City of Dublin Also in support of the local, customary meaning of a “split rail” fence
being different from a fence constructed of lumber is the fact that The City of Dublin’s
zoning code specifically lists “smooth rail, split rail, milled rail,” thereby affirming that
they are indeed different, distinct types of fence. http://dublinohiousa.gov/dev/dev/wp-
content/uploads/2012/11/Ord66-12.pdf
➢ The corral board fence installed at 1316 Beechlake is constructed of milled lumber
boards and nails, not rough hewn wood using notched post construction. The PVC fence
is used in conjunction with this corral board fence and as a result the fence is not
compliant with the zoning code.
➢ A portion of the PVC fence in the north west corner of the 1316 lot is used alone which
also makes the fence in violation of the zoning code.
According to the “Purpose of Zoning” in the “Perry Township Zoning Regulation” document,
“these regulations are designed … to stabilize and preserve the value of property”. With that
purpose in mind, we would like to point out that three properties adjoining the 1316 lot and the
property directly across the street all have sections of split rail fencing in their landscape that
existed prior to the construction of this fence. Allowing this PVC with a corral board fence to
3remain installed despite the fact that it is a violation of the zoning code, disrupts the
cohesiveness of the neighborhood, negatively impacts the aesthetics of the neighborhood, and
opens the door for further exceptions and deviations from the township’s fence zoning code by
other current and future property owners throughout the neighborhood, further denigrating the
atmosphere of the neighborhood, and thereby potentially devaluing the real estate properties
in this area and their marketability at the best price.
B) CITATIONS SUPPORTING APPEAL REASON #2 – See Photos 3, 4A – 4D, 13, 14
502.03 Regulations –Fences, Walls, and Hedges. No fence, wall or hedge shall be erected without the
issuance of a Certificate of Zoning Compliance. Applications for such permit shall include plans and
drawings showing the actual and accurate shape and dimensions of the property upon which the
fence, wall or hedge is to be erected; the exact height, location, length, type of material and type of
construction of such proposed fence; the location of the buildings on the lot; or any such other
information as deemed necessary for such permit.
The following exerts are from the document, ”Perry Township Zoning Department
Application for Certificate of Zoning Compliance “:
Plan checklist for Fence Site Plan drawn to scale showing :
▪ Exact location of fence
▪ Exact height
▪ Exact length
▪ type of material type of construction
▪ All setback requirements as applicable
▪ Supporting members of fence location (if applicable)
“Applicant agrees to be bound by the provisions of the Zoning Resolution of
Perry Twp, Franklin County, Ohio and by the terms of this application.”
The permit application specifies that the site plan must be DRAWN TO SCALE and show the
EXACT LOCATION OF THE FENCE.
The site plan submitted indicates using a scale: 1” = 25’
The location on the site plan of the fence on the west side of the property is 1/8” inside the
property line. This scales up to be 3.125 feet inside the property line.
➢ The fence’s actual installed location is approximately 5 to 6 inches inside the property
line, not 3.125 feet as the permit allowed.
➢ A portion of the fence in the northwest corner of the 1316 property crosses the
property line.
➢ By not installing the fence 3.125 feet inside the west property line, the applicant
deviated from the terms of the application and violated the permit, thereby rendering
the fence illegal under this permit.
4➢ In addition, when the fence was installed on the north property line of 1316 Beechlake
Drive an existing chain link fence was removed from 1333 South Clubview Drive, the
property to the north of 1316 Beechlake Drive. A remnant of that chain link fence and a
continuation of the PVC coated wire fencing of the new fence now cross our property
lines and are nailed to the end of our existing fence. No one was given permission to
connect a fence to any part of our fence, so it is illegally attached to our fence.
C) CITATIONS SUPPORTING APPEAL REASON #3 – See Photos 4A thru 11, 15
502.03 Regulations – Fences, Walls and Hedges
4) All fences and walls shall be structurally sound, safe, and properly finished at all times. Fences
shall be designed, constructed, and finished so the supporting members thereof shall face the
property of the owner of the fence. Ground areas between fences and property lines and between
fences shall be kept properly maintained at all times.
➢ Sections of the fence are not structurally sound.
• One post is not even in the ground – it is sitting in a post anchor and the anchor is not
properly installed into the ground. This post is located in an area that during times of
heavy rainfall experiences pooling and flowing water due to excessive runoff from the
property directly behind 1316
• Some of the lumber boards are held in place by only 1 nail
• Exposed nails are popping and rusting already
• Some of the lumber boards are warping already
• PVC fencing is not securely fastened to the lumber of the corral board fence – PVC
fencing is gapping and sagging
D) CITATIONS SUPPORTING APPEAL REASON #4 – See Photos 5 thru 11
502.03 Regulations – Fences, Walls and Hedges
4) All fences and walls shall be structurally sound, safe, and properly finished at all times. Fences
shall be designed, constructed, and finished so the supporting members thereof shall face the
property of the owner of the fence. Ground areas between fences and property lines and between
fences shall be kept properly maintained at all times.
➢ The fence is not safe.
• Sharp cut ends of the PVC wire are exposed and sticking out of the fence line
• Sharp ends of partially removed staples remain in the fence and are sticking out of some
posts
• PVC fencing was not stretched properly and is not secured properly leaving it sagging
and gapping in places, which is also hazardous
5E) CITATIONS SUPPORTING APPEAL REASON #5 – See Photos 4A thru 11, 12
502.03 Regulations – Fences, Walls and Hedges
4) All fences and walls shall be structurally sound, safe, and properly finished at all times. Fences
shall be designed, constructed, and finished so the supporting members thereof shall face the
property of the owner of the fence. Ground areas between fences and property lines and between
fences shall be kept properly maintained at all times.
➢ The fence is not properly finished.
• Finishing boards were not installed on the exterior of the fence posts of this corral
board fence. To be properly finished, a corral board fence should have boards
covering the construction points where rails are nailed to the posts and where wire
fencing is attached onto the posts. Without the finishing boards the neighboring
properties’ view of this fence is even more unsightly. Gaps are visible where what
should be abutting rails of 2 sections do not line-up properly on the posts.
F) CITATIONS SUPPORTING APPEAL REASON #6 – See Photos 1A, 1B, 4A thru 4D
502.03 Regulations – Fences, Walls and Hedges
4) All fences and walls shall be structurally sound, safe, and properly finished at all times. Fences
shall be designed, constructed, and finished so the supporting members thereof shall face the
property of the owner of the fence. Ground areas between fences and property lines and between
fences shall be kept properly maintained at all times.
➢ The ground between the fence and the property line is not properly maintained
• The grass has not been trimmed along the outside of the fence along our property line
since the fence was installed nearly 3 months ago.
• The grass is now 2 feet high in places, falling over and smothering our lawn’s grass.
➢ It is impossible for the property owners to access the ground between the fence and the
property line and to maintain it from their property. This is due to the fence’s proximity to
the property line and the fact that the PVC fence extends close to the ground and the
fence’s height.
• In this area along the property line there is a high volume of falling leaves in the autumn
which will accumulate on the side of the PVC fencing facing our property.
• This is an area that occasionally has trash, as well as tree and plant debris from the
greater neighboring properties blow and settle, especially during the fall and winter
months.
• In this area of the neighborhood we have trouble with invasive plants that quickly root
and take over when grounds are not properly maintained.
• There is an existing low open split rail fence and garden beds on our property near that
property line. (Our property is to the west of 1316.) We should not be expected to allow
current or future neighboring property owners access to our property and entering our
garden areas in order for them to maintain the grounds on their side of the property
6line. Neither should we be burdened with maintaining the grounds on their side of the
property line to prevent it from becoming unsightly when viewed from our property and
to prevent invasive plants from crossing into our property.
• This problem that the 1316 property owners cannot maintain the grounds is a
consequence of the fence not having been installed at the location in accordance with
the permit that was granted, 3.125 feet inside the property line.
G) CITATIONS SUPPORTING APPEAL REASON #7 – See Photos 1A, 1B, 4A thru 4D
502.03 Regulations – Fences, Walls and Hedges
4) All fences and walls shall be structurally sound, safe, and properly finished at all times. Fences
shall be designed, constructed, and finished so the supporting members thereof shall face the
property of the owner of the fence. Ground areas between fences and property lines and between
fences shall be kept properly maintained at all times.
➢ The fence’s proximity to the property line and the fact that the PCV fence extends close to
the ground and the fence’s height make it impossible for the property owners to access all
portions of the exterior of their fence in order to maintain it.
• There is an existing split rail fence and garden beds on our property near that property
line. We are concerned that any attempt, by current or future property owners or
contractors, to awkwardly try to maintain (i.e. repair, stain, paint) the exterior of the
fence at 1316 could result in damage to our fence and gardens.
• We should not be expected to allow current or future neighboring property owners
access to our property and entering our garden areas in order for them to maintain their
fence.
5. Provide any documentation such as photos, etc. which you believe will
present a clear picture to the BZA as to why you are appealing the
Zoning Officer’s decision to approve the permits and/or appealing the
Zoning Inspector’s final inspection decision.
Please see the supporting photos accessible here:
https://drive.google.com/drive/folders/1f2Gs_5mEsGjD70ixhRJx1oHEI2AzpMCs
• Photos 1A-1B: Overview photo of fence. Shows PVC fence installed with lumber
corral board fence at 1316 Beechlake Drive.
• Photo 2: “Old Stone Crossing Design Guide Exhibit 5” example of the customary
meaning of a split rail fence.
• Photo 3: Photo of site plan document that was submitted with the permit
application
7• Photos 4A thru 4C: Property line view of fence at 1316 Beechlake along the west
property line looking north, shows proximity to property line, as well as grounds
not maintained, warping rails, PVC fencing sagging and gapping
• Photos 5 thru 11: Closeups: PVC not secured and sagging, sharp wires and
staple remnants projecting, boards held by single nail, boards warping, nails
popping and rusting, grounds not maintained
• Photo 12: Example of properly finished exterior posts of corral board fences
• Photo 13: PVC fence extending across property line, PVC used alone
• Photo 14: Illegally attached to our fence
• Photo 15: Post not in ground – improperly installed anchor
6. Mail documentation to the address listed below; or, email directly to me at
bbeatty@perrytwp.org.
8You can also read
