🚀 go-pugleaf

RetroBBS NetNews Server

Inspired by RockSolid Light RIP Retro Guy

Thread View: alt.home.repair
16 messages
16 total messages Started by "Zootal" <nousen Mon, 10 Apr 2006 12:24
City fence limitations - how to overcome?
#299934
Author: "Zootal" <nousen
Date: Mon, 10 Apr 2006 12:24
12 lines
594 bytes
I live in Lebanon, OR. The city prohibits the constructing of a fence within
15 feet of the property line on any side of a property facing a street. I
have a large square lot on a corner, and I want to put up a fence around my
barkyard. Not being able to go to within 15 feet of my property line means I
loose a big chunk of my back yard.

Does anyone have any experience on getting a variance from the city to do
something like this, IE put a fence closer to the property line when the
city rules/laws say you can't? How would you go about doing so, what are the
chances of success?


Re: City fence limitations - how to overcome?
#299948
Author: "Jim McLaughlin"
Date: Mon, 10 Apr 2006 12:56
40 lines
1168 bytes
Measure 37 claim?  (Its an inside joke for Oregonians.

Seriously, when did you buy the property?

When did the gfece regulation go into effect?

If you owned the property befoe the fence regulation went into effect you
technically have a Measure 37 claim.



--
Jim McLaughlin

Reply address is deliberately munged.
 If you really need to reply directly, try:
jimdotmclaughlinatcomcastdotcom

And you know it is a dotnet not a dotcom
address.
"Zootal" <nousenetspam at dead ice dot us> wrote in message
news:ue-dnY7Sk5dILafZnZ2dnUVZ_tCdnZ2d@giganews.com...
> I live in Lebanon, OR. The city prohibits the constructing of a fence
within
> 15 feet of the property line on any side of a property facing a street. I
> have a large square lot on a corner, and I want to put up a fence around
my
> barkyard. Not being able to go to within 15 feet of my property line means
I
> loose a big chunk of my back yard.
>
> Does anyone have any experience on getting a variance from the city to do
> something like this, IE put a fence closer to the property line when the
> city rules/laws say you can't? How would you go about doing so, what are
the
> chances of success?
>
>


Re: City fence limitations - how to overcome?
#299949
Author: timbirr@mailcity
Date: Mon, 10 Apr 2006 13:03
2 lines
74 bytes
Yep, you can even put a pig farm there if you owned before the zone.....

Re: City fence limitations - how to overcome?
#299960
Author: "Zootal" <nousen
Date: Mon, 10 Apr 2006 13:38
74 lines
4212 bytes
"Jay" <jay@gmail.com> wrote in message
news:y5z_f.5407$i41.4666@newsread1.news.atl.earthlink.net...
> "Zootal" <nousenetspam at dead ice dot us> wrote in message
> news:ue-dnY7Sk5dILafZnZ2dnUVZ_tCdnZ2d@giganews.com...
>>I live in Lebanon, OR. The city prohibits the constructing of a fence
>>within 15 feet of the property line on any side of a property facing a
>>street. I have a large square lot on a corner, and I want to put up a
>>fence around my barkyard. Not being able to go to within 15 feet of my
>>property line means I loose a big chunk of my back yard.
>>
>> Does anyone have any experience on getting a variance from the city to do
>> something like this, IE put a fence closer to the property line when the
>> city rules/laws say you can't? How would you go about doing so, what are
>> the chances of success?
> You haven't given us a lot of information and this would probably be
> better asked over at alt.legal or one of those NGs but here are some
> general thoughts.  You are requesting an exception (variance) to a zoning
> ordinance (municipal law dealing with what and how you may build on a
> piece of your land):
>
> Option A:  Get a local lawyer to do it.  Don't know the hourly rates in
> Lebanon, OR but you would be billed for executing the application, filing
> it, having exhibits prepared, appearance before at least one hearing of
> the zoning board, and, if required, the zoning board of appeals, city/town
> counsel, and, if you want to appeal if required to court.
>
> Option B: Do it yourself.  A much bigger investment in your time but only
> costs you the price of filing, probably the cost of preparing the
> notification to abutters and service by certified mail (if required),
> maybe publication in local paper, preparation of plans showing proposed
> fence lines, any visual aids you need in presenting your case, and
> anything else mandated by the zoning board.  You trot on down to the
> Planning Division at 853 Main Street, plunk down your $700.00, and file
> the request for variance with the zoning board  along with any other
> documents, plans, drawings, copies of deeds, whatever they require to take
> up your request, make any required notifications, get a hearing date, go
> to the hearing and present your case and answer and questions of the board
> or other citizens, wait for their decision and decide whether to appeal,
> if required.  Usually every jurisdiction has a check list of some sort
> that they will give you.
>
> 15 feet is a pretty far setback in a city.  In my experience, when I lived
> in cities which I never intend to do again for just such things like this,
> 5 feet is a pretty standard setback, most are only 10 feet for a building
> like a shed.  Your city arrears to be anything but ordinary 15 feet, $700
> application fee!  You can calculate your chances for success by looking at
> how many variances have been approve before you.  These are public records
> and you can get them from the city.
>
> Have you considered planting a hedge instead of a fence?  Most
> jurisdiction don't have setbacks for them and it would save you, from the
> way it looks on your city's website, at least a couple of thousand
> dollars!
>
> Jay
>

Ack!!! $700 fee! Where did you get this info? I  browsed the city web site,
but didn't find this, maybe I was looking in the wrong place?

The front and side yard setback is 15 feet - I live in a low density
population area. In the medium and high density areas, it's 10 feet. The
rules are that nothing can extend above 30 inches anywhere in the setback
area. I bought the house 4 months ago, didn't have any reason at all to
suspect that I could not put anything higher then 30 inches anywhere within
20 feet of the road (5 feet from road to my property line). I have 5 fruit
trees there now. When I bought the property, there was a horse type fence of
welded wire that is about 4 feet high, and a row of hedges about 7 feet
high. These, however, are on the 5 foot strip of city property between my
property and the street, so I don't know if I can use the excuse of a
pre-existing hedge as justification for permission to put up a fence.


Re: City fence limitations - how to overcome?
#299961
Author: "Steve B"
Date: Mon, 10 Apr 2006 13:38
23 lines
1063 bytes
"Zootal" <nousenetspam at dead ice dot us> wrote in message
news:ue-dnY7Sk5dILafZnZ2dnUVZ_tCdnZ2d@giganews.com...
>I live in Lebanon, OR. The city prohibits the constructing of a fence
>within 15 feet of the property line on any side of a property facing a
>street. I have a large square lot on a corner, and I want to put up a fence
>around my barkyard. Not being able to go to within 15 feet of my property
>line means I loose a big chunk of my back yard.
>
> Does anyone have any experience on getting a variance from the city to do
> something like this, IE put a fence closer to the property line when the
> city rules/laws say you can't? How would you go about doing so, what are
> the chances of success?

Do not confuse fence with wall.  The ordinances are totally different for
both.  Go down to zoning and permitting and ask them.  They are usually
helpful, as this approach helps save them time and work in the long run.  I
have had them tell me how I can do what I want to do and still tapdance
between the lines.  Worth a try.

Steve


Re: City fence limitations - how to overcome?
#299964
Author: "Zootal" <nousen
Date: Mon, 10 Apr 2006 13:43
58 lines
1998 bytes
Unfortunately, I just bought the property. The existing fence is actually on
city property, and is welded wire located between my sideyard setback and
the street. I assumed it was all my backyard, and even planted fruit trees
in this "setback" zone, no knowing, and not having any reason to suspect,
that nothing over 30 inches can be placed less then 20 feet from road (15
foot setback, 5 foot strip of city property between my property and the
street.

However, there is a 4 foot welded wire fence, and a row of 7 foot shrubs
along the street, can that be used as justification to allow me to put in a
wood fence on the property line instead of 15 feet back?


"Jim McLaughlin" <jim.mclaughlin> wrote in message
news:MNydnaA27LHoJafZRVn-pg@comcast.com...
> Measure 37 claim?  (Its an inside joke for Oregonians.
>
> Seriously, when did you buy the property?
>
> When did the gfece regulation go into effect?
>
> If you owned the property befoe the fence regulation went into effect you
> technically have a Measure 37 claim.
>
>
>
> --
> Jim McLaughlin
>
> Reply address is deliberately munged.
> If you really need to reply directly, try:
> jimdotmclaughlinatcomcastdotcom
>
> And you know it is a dotnet not a dotcom
> address.
> "Zootal" <nousenetspam at dead ice dot us> wrote in message
> news:ue-dnY7Sk5dILafZnZ2dnUVZ_tCdnZ2d@giganews.com...
>> I live in Lebanon, OR. The city prohibits the constructing of a fence
> within
>> 15 feet of the property line on any side of a property facing a street. I
>> have a large square lot on a corner, and I want to put up a fence around
> my
>> barkyard. Not being able to go to within 15 feet of my property line
>> means
> I
>> loose a big chunk of my back yard.
>>
>> Does anyone have any experience on getting a variance from the city to do
>> something like this, IE put a fence closer to the property line when the
>> city rules/laws say you can't? How would you go about doing so, what are
> the
>> chances of success?
>>
>>
>
>


Re: City fence limitations - how to overcome?
#299965
Author: "Zootal" <nousen
Date: Mon, 10 Apr 2006 13:48
33 lines
1554 bytes
>
> "Zootal" <nousenetspam at dead ice dot us> wrote in message
> news:ue-dnY7Sk5dILafZnZ2dnUVZ_tCdnZ2d@giganews.com...
>>I live in Lebanon, OR. The city prohibits the constructing of a fence
>>within 15 feet of the property line on any side of a property facing a
>>street. I have a large square lot on a corner, and I want to put up a
>>fence around my barkyard. Not being able to go to within 15 feet of my
>>property line means I loose a big chunk of my back yard.
>>
>> Does anyone have any experience on getting a variance from the city to do
>> something like this, IE put a fence closer to the property line when the
>> city rules/laws say you can't? How would you go about doing so, what are
>> the chances of success?
>
> Do not confuse fence with wall.  The ordinances are totally different for
> both.  Go down to zoning and permitting and ask them.  They are usually
> helpful, as this approach helps save them time and work in the long run.
> I have had them tell me how I can do what I want to do and still tapdance
> between the lines.  Worth a try.
>
> Steve
>

I did. They kindly explained that *nothing* that is over 30 inches in height
can go in this 15 foot setback area. Includes fence, wall, bushes, trees,
etc. They also suggested I appeal to the city planner - which I think is the
next step on my list.

What kind of things are valid reasons for an exception like this? I just
want to put a fence around my yard so I can have security and privacy, and
without loosing a 15 X 100 foot stretch of my property.


Re: City fence limitations - how to overcome?
#299967
Author: "Zootal" <nousen
Date: Mon, 10 Apr 2006 13:55
46 lines
1985 bytes
"Goedjn" <prose@mail.uri.edu> wrote in message
news:s1gl329qfhq4n0pi08ocehdb5o3075g525@4ax.com...
> On Mon, 10 Apr 2006 12:24:16 -0700, "Zootal" <nousenetspam at dead ice
> dot us> wrote:
>
>>I live in Lebanon, OR. The city prohibits the constructing of a fence
>>within
>>15 feet of the property line on any side of a property facing a street. I
>>have a large square lot on a corner, and I want to put up a fence around
>>my
>>barkyard. Not being able to go to within 15 feet of my property line means
>>I
>>loose a big chunk of my back yard.
>>
>>Does anyone have any experience on getting a variance from the city to do
>>something like this, IE put a fence closer to the property line when the
>>city rules/laws say you can't? How would you go about doing so, what are
>>the
>>chances of success?
>>
>
> What do you want the fence to do, and how do they define "fence"?
> Does a hedge count?  How about an earth berm?   Or a series
> of concrete statues?
> (They're not going to give you a variance.)
>

This information is published in a "fence building guideline" that explains
that oh, by the way, there is a 15 foot setback along front and side lots
where *nothing* can be more then 30 inches high.

I want the fence so I can include that area (about 15 X 100 feet or so) in
my back yard, plant fruit trees and vegetables, and enjoy my property with
security and privacy that a fence gives. If I can't do it, I'll have to rip
out 5 fruit trees that I planted a few months ago, and put up the fence 15
feet into my current back yard area and basically kiss all of that property
goodbye. There is little I can do with it if it's outside the fence.

The current fence is actually a foot or two into city property. The previous
owner put it there - I did not know it wasn't on the property line until we
started to research this. So I loose about 3 feet to the city since it's not
my property to start with, then I loose 15 feet more because of their
setback.


Re: City fence limitations - how to overcome?
#299973
Author: "hallerb@aol.com
Date: Mon, 10 Apr 2006 14:25
15 lines
529 bytes
do others have such a fence? thats one reason? any security issues like
trying to keep young kids pets in yard? putting anything big in your
yard you need more space for? will the fence screen something ugly or
disruptive?

these are just the begining looking for a loop hole:)

If anyone nearby has a non confiming fence try asking them how they got
around the rule:)

Find and meet your local councilman:) Stress how you want to beautify
your home.... He MIGHT put a good word in for you.

been there done something like this

Re: City fence limitations - how to overcome?
#299974
Author: "hallerb@aol.com
Date: Mon, 10 Apr 2006 14:35
7 lines
235 bytes
You might appeal to replace or upgrade the existing fence, it might be
grandfathered in!

One reason for setback rules is keeping good site lines for vehicles!
suggesting something that does accomodate such concerns is very
important

Re: City fence limitations - how to overcome?
#299962
Author: Goedjn
Date: Mon, 10 Apr 2006 16:41
20 lines
886 bytes
On Mon, 10 Apr 2006 12:24:16 -0700, "Zootal" <nousenetspam at dead ice
dot us> wrote:

>I live in Lebanon, OR. The city prohibits the constructing of a fence within
>15 feet of the property line on any side of a property facing a street. I
>have a large square lot on a corner, and I want to put up a fence around my
>barkyard. Not being able to go to within 15 feet of my property line means I
>loose a big chunk of my back yard.
>
>Does anyone have any experience on getting a variance from the city to do
>something like this, IE put a fence closer to the property line when the
>city rules/laws say you can't? How would you go about doing so, what are the
>chances of success?
>

What do you want the fence to do, and how do they define "fence"?
Does a hedge count?  How about an earth berm?   Or a series
of concrete statues?
(They're not going to give you a variance.)

Re: City fence limitations - how to overcome?
#299954
Author: "Jay"
Date: Mon, 10 Apr 2006 20:19
53 lines
3062 bytes
"Zootal" <nousenetspam at dead ice dot us> wrote in message
news:ue-dnY7Sk5dILafZnZ2dnUVZ_tCdnZ2d@giganews.com...
>I live in Lebanon, OR. The city prohibits the constructing of a fence
>within 15 feet of the property line on any side of a property facing a
>street. I have a large square lot on a corner, and I want to put up a fence
>around my barkyard. Not being able to go to within 15 feet of my property
>line means I loose a big chunk of my back yard.
>
> Does anyone have any experience on getting a variance from the city to do
> something like this, IE put a fence closer to the property line when the
> city rules/laws say you can't? How would you go about doing so, what are
> the chances of success?
You haven't given us a lot of information and this would probably be better
asked over at alt.legal or one of those NGs but here are some general
thoughts.  You are requesting an exception (variance) to a zoning ordinance
(municipal law dealing with what and how you may build on a piece of your
land):

Option A:  Get a local lawyer to do it.  Don't know the hourly rates in
Lebanon, OR but you would be billed for executing the application, filing
it, having exhibits prepared, appearance before at least one hearing of the
zoning board, and, if required, the zoning board of appeals, city/town
counsel, and, if you want to appeal if required to court.

Option B: Do it yourself.  A much bigger investment in your time but only
costs you the price of filing, probably the cost of preparing the
notification to abutters and service by certified mail (if required), maybe
publication in local paper, preparation of plans showing proposed fence
lines, any visual aids you need in presenting your case, and anything else
mandated by the zoning board.  You trot on down to the Planning Division at
853 Main Street, plunk down your $700.00, and file the request for variance
with the zoning board  along with any other documents, plans, drawings,
copies of deeds, whatever they require to take up your request, make any
required notifications, get a hearing date, go to the hearing and present
your case and answer and questions of the board or other citizens, wait for
their decision and decide whether to appeal, if required.  Usually every
jurisdiction has a check list of some sort that they will give you.

15 feet is a pretty far setback in a city.  In my experience, when I lived
in cities which I never intend to do again for just such things like this, 5
feet is a pretty standard setback, most are only 10 feet for a building like
a shed.  Your city arrears to be anything but ordinary 15 feet, $700
application fee!  You can calculate your chances for success by looking at
how many variances have been approve before you.  These are public records
and you can get them from the city.

Have you considered planting a hedge instead of a fence?  Most jurisdiction
don't have setbacks for them and it would save you, from the way it looks on
your city's website, at least a couple of thousand dollars!

Jay


Re: City fence limitations - how to overcome?
#299963
Author: "PipeDown"
Date: Mon, 10 Apr 2006 20:42
63 lines
3468 bytes
"Jay" <jay@gmail.com> wrote in message
news:y5z_f.5407$i41.4666@newsread1.news.atl.earthlink.net...
> "Zootal" <nousenetspam at dead ice dot us> wrote in message
> news:ue-dnY7Sk5dILafZnZ2dnUVZ_tCdnZ2d@giganews.com...
>>I live in Lebanon, OR. The city prohibits the constructing of a fence
>>within 15 feet of the property line on any side of a property facing a
>>street. I have a large square lot on a corner, and I want to put up a
>>fence around my barkyard. Not being able to go to within 15 feet of my
>>property line means I loose a big chunk of my back yard.
>>
>> Does anyone have any experience on getting a variance from the city to do
>> something like this, IE put a fence closer to the property line when the
>> city rules/laws say you can't? How would you go about doing so, what are
>> the chances of success?
> You haven't given us a lot of information and this would probably be
> better asked over at alt.legal or one of those NGs but here are some
> general thoughts.  You are requesting an exception (variance) to a zoning
> ordinance (municipal law dealing with what and how you may build on a
> piece of your land):
>
> Option A:  Get a local lawyer to do it.  Don't know the hourly rates in
> Lebanon, OR but you would be billed for executing the application, filing
> it, having exhibits prepared, appearance before at least one hearing of
> the zoning board, and, if required, the zoning board of appeals, city/town
> counsel, and, if you want to appeal if required to court.
>
> Option B: Do it yourself.  A much bigger investment in your time but only
> costs you the price of filing, probably the cost of preparing the
> notification to abutters and service by certified mail (if required),
> maybe publication in local paper, preparation of plans showing proposed
> fence lines, any visual aids you need in presenting your case, and
> anything else mandated by the zoning board.  You trot on down to the
> Planning Division at 853 Main Street, plunk down your $700.00, and file
> the request for variance with the zoning board  along with any other
> documents, plans, drawings, copies of deeds, whatever they require to take
> up your request, make any required notifications, get a hearing date, go
> to the hearing and present your case and answer and questions of the board
> or other citizens, wait for their decision and decide whether to appeal,
> if required.  Usually every jurisdiction has a check list of some sort
> that they will give you.
>
> 15 feet is a pretty far setback in a city.  In my experience, when I lived
> in cities which I never intend to do again for just such things like this,
> 5 feet is a pretty standard setback, most are only 10 feet for a building
> like a shed.  Your city arrears to be anything but ordinary 15 feet, $700
> application fee!  You can calculate your chances for success by looking at
> how many variances have been approve before you.  These are public records
> and you can get them from the city.
>
> Have you considered planting a hedge instead of a fence?  Most
> jurisdiction don't have setbacks for them and it would save you, from the
> way it looks on your city's website, at least a couple of thousand
> dollars!
>
> Jay
>

Good advice above but before you get all excited, simply prepare a site plan
and apply for a permit.  Once you are rejected, you can ask how to appeal.
You might even get accepted, who knows until you try.


Re: City fence limitations - how to overcome?
#299966
Author: "Travis Jordan"
Date: Mon, 10 Apr 2006 20:50
17 lines
887 bytes
PipeDown wrote:
> Good advice above but before you get all excited, simply prepare a
> site plan and apply for a permit.  Once you are rejected, you can ask
> how to appeal. You might even get accepted, who knows until you try.

Around here the mere fact of getting a permit isn't any guarantee that
the construction will be approved when it is inspected.  Just last week
a Tampa-area homeowner was forced to tear out his new home's rear patio
area (at a cost of $60K) even though the city has approved the plans,
issued a permit, and it had passed two building inspections.  Turns out
the patio was five feet over the setback limit.  The city's building
department said it was the responsibilty of the contractor to insure
that the construction met all city codes.   They did offer an apology
for their own lack of diligence, but the homeowner ends up footing the
bill (so to speak).


Re: City fence limitations - how to overcome?
#299984
Author: "PipeDown"
Date: Mon, 10 Apr 2006 21:59
69 lines
2906 bytes
"Zootal" <nousenetspam at dead ice dot us> wrote in message
news:S-Sdnbrhh9mpW6fZnZ2dnUVZ_vydnZ2d@giganews.com...
>
> "Goedjn" <prose@mail.uri.edu> wrote in message
> news:s1gl329qfhq4n0pi08ocehdb5o3075g525@4ax.com...
>> On Mon, 10 Apr 2006 12:24:16 -0700, "Zootal" <nousenetspam at dead ice
>> dot us> wrote:
>>
>>>I live in Lebanon, OR. The city prohibits the constructing of a fence
>>>within
>>>15 feet of the property line on any side of a property facing a street. I
>>>have a large square lot on a corner, and I want to put up a fence around
>>>my
>>>barkyard. Not being able to go to within 15 feet of my property line
>>>means I
>>>loose a big chunk of my back yard.
>>>
>>>Does anyone have any experience on getting a variance from the city to do
>>>something like this, IE put a fence closer to the property line when the
>>>city rules/laws say you can't? How would you go about doing so, what are
>>>the
>>>chances of success?
>>>
>>
>> What do you want the fence to do, and how do they define "fence"?
>> Does a hedge count?  How about an earth berm?   Or a series
>> of concrete statues?
>> (They're not going to give you a variance.)
>>
>
> This information is published in a "fence building guideline" that
> explains that oh, by the way, there is a 15 foot setback along front and
> side lots where *nothing* can be more then 30 inches high.
>
> I want the fence so I can include that area (about 15 X 100 feet or so) in
> my back yard, plant fruit trees and vegetables, and enjoy my property with
> security and privacy that a fence gives. If I can't do it, I'll have to
> rip out 5 fruit trees that I planted a few months ago, and put up the
> fence 15 feet into my current back yard area and basically kiss all of
> that property goodbye. There is little I can do with it if it's outside
> the fence.
>
> The current fence is actually a foot or two into city property. The
> previous owner put it there - I did not know it wasn't on the property
> line until we started to research this. So I loose about 3 feet to the
> city since it's not my property to start with, then I loose 15 feet more
> because of their setback.
>



Sounds like you are out of luck.  Do you think the rule might be for fire
protection.  A zone like this allows for a defensable barrior to fire should
one move through your area.    The city may also use this area as a
universal easement for burial of utilities etc. when needed.

If the primary reason turns out to be primarily for cosmetic (a uniform look
to the neighborhood) then you may have luck getting approval.

I suppose if you never looked into it, you could have "improved and
repaired" the existing fence and nobody may have noticed.  The existing
welded wire fence is transparent and non flammable and you want to replace
it with a wooden privacy fence, I suppose they might have noticed that.

How big is your lot?



Re: City fence limitations - how to overcome?
#299985
Author: "Jay"
Date: Mon, 10 Apr 2006 22:07
113 lines
6455 bytes
"Zootal" <nousenetspam at dead ice dot us> wrote in message
news:uKKdnZktooIVXqfZnZ2dnUVZ_vednZ2d@giganews.com...
>
> "Jay" <jay@gmail.com> wrote in message
> news:y5z_f.5407$i41.4666@newsread1.news.atl.earthlink.net...
>> "Zootal" <nousenetspam at dead ice dot us> wrote in message
>> news:ue-dnY7Sk5dILafZnZ2dnUVZ_tCdnZ2d@giganews.com...
>>>I live in Lebanon, OR. The city prohibits the constructing of a fence
>>>within 15 feet of the property line on any side of a property facing a
>>>street. I have a large square lot on a corner, and I want to put up a
>>>fence around my barkyard. Not being able to go to within 15 feet of my
>>>property line means I loose a big chunk of my back yard.
>>>
>>> Does anyone have any experience on getting a variance from the city to
>>> do something like this, IE put a fence closer to the property line when
>>> the city rules/laws say you can't? How would you go about doing so, what
>>> are the chances of success?
>> You haven't given us a lot of information and this would probably be
>> better asked over at alt.legal or one of those NGs but here are some
>> general thoughts.  You are requesting an exception (variance) to a zoning
>> ordinance (municipal law dealing with what and how you may build on a
>> piece of your land):
>>
>> Option A:  Get a local lawyer to do it.  Don't know the hourly rates in
>> Lebanon, OR but you would be billed for executing the application, filing
>> it, having exhibits prepared, appearance before at least one hearing of
>> the zoning board, and, if required, the zoning board of appeals,
>> city/town counsel, and, if you want to appeal if required to court.
>>
>> Option B: Do it yourself.  A much bigger investment in your time but only
>> costs you the price of filing, probably the cost of preparing the
>> notification to abutters and service by certified mail (if required),
>> maybe publication in local paper, preparation of plans showing proposed
>> fence lines, any visual aids you need in presenting your case, and
>> anything else mandated by the zoning board.  You trot on down to the
>> Planning Division at 853 Main Street, plunk down your $700.00, and file
>> the request for variance with the zoning board  along with any other
>> documents, plans, drawings, copies of deeds, whatever they require to
>> take up your request, make any required notifications, get a hearing
>> date, go to the hearing and present your case and answer and questions of
>> the board or other citizens, wait for their decision and decide whether
>> to appeal, if required.  Usually every jurisdiction has a check list of
>> some sort that they will give you.
>>
>> 15 feet is a pretty far setback in a city.  In my experience, when I
>> lived in cities which I never intend to do again for just such things
>> like this, 5 feet is a pretty standard setback, most are only 10 feet for
>> a building like a shed.  Your city arrears to be anything but ordinary 15
>> feet, $700 application fee!  You can calculate your chances for success
>> by looking at how many variances have been approve before you.  These are
>> public records and you can get them from the city.
>>
>> Have you considered planting a hedge instead of a fence?  Most
>> jurisdiction don't have setbacks for them and it would save you, from the
>> way it looks on your city's website, at least a couple of thousand
>> dollars!
>>
>> Jay
>>
>
> Ack!!! $700 fee! Where did you get this info? I  browsed the city web
> site, but didn't find this, maybe I was looking in the wrong place?
>
> The front and side yard setback is 15 feet - I live in a low density
> population area. In the medium and high density areas, it's 10 feet. The
> rules are that nothing can extend above 30 inches anywhere in the setback
> area. I bought the house 4 months ago, didn't have any reason at all to
> suspect that I could not put anything higher then 30 inches anywhere
> within 20 feet of the road (5 feet from road to my property line). I have
> 5 fruit trees there now. When I bought the property, there was a horse
> type fence of welded wire that is about 4 feet high, and a row of hedges
> about 7 feet high. These, however, are on the 5 foot strip of city
> property between my property and the street, so I don't know if I can use
> the excuse of a pre-existing hedge as justification for permission to put
> up a fence.
>
It a 'Price List' on your city's Planning Division webpage
http://www.ci.lebanon.or.us/files/active/1/fees.pdf

Are you a first time home buyer?  The first thing a new homebuyer needs to
do is find his property lines!

Sometimes, usually in a city,  you are lucky enough to have a marker buried
in the ground  (or the guy on some side of you does) and as most lots are
usually squares or rectangles you can measure from the known point using the
legal description of your property.  When you get further out in the boonies
it's not so easy, I just bought 5 acres that goes this way and that, has
easements, and wetlands, which have setbacks of their own, so I had a
surveyor come out and stake the property lines and designated wetlands
before I did anything to it.  Yeah, it costs you some bucks but prevents the
problems you now have with the trees and the other guy's fence.

By the way when you bought the land you didn't buy his mistakes so don't
stand for the city trying to get you to remove his fence!  They can go after
him and should have when he built it which leads me to the part where I say,
"remember nothing is wrong until you get caught at it!"  He didn't ask
anybody anything before he put up that other fence and the city didn't 'know
from nothing'.  You know they don't have folks going around looking for
these types of infractions, they only know about it, and do something about
it, when somebody complains.  Just a little something to tuck away in the
back of your mind along with the phrase, 'it's better to ask forgiveness for
having done something than to ask permission to do something'.  For example
lets say you didn't want a fence but just wanted to use the city's 5 feet
for an extended lawn or wanted to 'beautify' the community with a flower
bed, they don't care, and wouldn't be at your door demanding that you remove
the flowers from their property!

2 1/2 feet high is pretty short!  Around here you can erect a 'not over a 4
foot' fence even without a building permit!

Jay


Thread Navigation

This is a paginated view of messages in the thread with full content displayed inline.

Messages are displayed in chronological order, with the original post highlighted in green.

Use pagination controls to navigate through all messages in large threads.

Back to All Threads