| 7/29/2009 2:58:00 PM | Email this article • Print this article | City considers building permits for residents to construct fences
Sara Denhart
Courier Staff Writer
The City of Carrollton is considering requiring building permits for residents wanting to build a fence on their property.
The city does not have an ordinance on fence building, and the issue became apparent after city resident Timothy Buckles began building his fence at the corner of Eighth and Winslow streets.
Buckles, who addressed the City Council, said that initially he did not want to build a fence on his property, but he started to build one because his grandson could run out into the road.
"I want to protect the safety of my grandson," Buckles said.
To start building, Buckles contacted building inspector and code enforcement officer John Welch about a permit. Buckles found out he did not need a permit because the city did not have an ordinance about building fences. So, Buckles said he called the utilities company about easements because he has a utility pole and a fire hydrant in his yard. Then, he called 811 before he started to dig.
Buckles put up three posts on the Winslow Street side of his property when he was told that three City Council members had a problem with his fence being within 40 inches of the roadway.
"I have a small restrictive yard and I wanted all the space I could get," Buckles said.
Once he was finished with the Winslow Street side of the fence, he was told to stop by city officials. Buckles said he did not understand how anything could be enforced when the city does not have an ordinance and the fence is a temporary structure.
"As long as I don't block utilities and I don't have no complaints from neighbors, I don't see a problem with it," Buckles said.
However, Mayor Dwight Louden disagreed.
"We did have some complaints where the fence was," Louden said. "The main problem is we do have a city right of way."
City attorney Nick Marsh said the issue of the fence placement is one of encroachment and not variance.
"Technically you own to the center of the road," Marsh said to Buckles.
But Marsh said the city has the right to make sure the use is for the good of the public. Marsh also told Buckles he should hire an attorney to discuss possible liability issues for having a fence in a public right of-way.
"You are protecting your grandson. We as a city have to protect the motoring public," Marsh said.
Councilman Dean Miller Jr. was sympathetic to Buckles' situation.
"This property was in bad, bad shape," Miller said. "They've done a lot of work there. They've made it better."
Miller asked if a variance could be given to Buckles to build the fence. Marsh said a variance could not be given.
"I don't know why I need a variance for a temporary structure," Buckles said.
"I would caution the city not to allow this at this time," Marsh said. "This issue is not for the (Board of Adjustments) or Mr. Welch, it's really an issue for Mr. Knight because it concerns the roads."
Buckles said he made sure the fence does not impair the view of motorists and allows room for pedestrians and bicyclists.
"Any fence at an intersection is a liability," councilman Mike Gordon said.
"Your fence appeared to be close to a busy street," Louden said.
Buckles said many landowners have fences in the right of way areas throughout the city.
"We are just trying to deal with the issue. We should enforce it," Louden said.
Buckles said he has satisfied everything that was asked of him.
"Everything but the city easement," Miller said.
Miller said the city cannot give Buckles permission to build.
"As of right now, we can't do anything right now," Miller said.
Buckles said he was not going to ask for permission but forgiveness. He plans to continue finishing his picket fence.
"Our hands are kind of tied," Louden said.
The City Council will review the information of fences and a possible ordinance at its next meeting.
Pigeons allowed to nest
Carrollton residents Crystal and James Montgomery received the news they had wanted to hear after Marsh returned from vacation. The couple will be able to keep their beloved pigeons on their property.
Marsh said after several calls to agricultural experts, the official definition of fowl and poultry does not include pigeons. Therefore, the couple are not in violation of the city ordinance, which prohibits poultry or fowl within city limits.
"We're going to eat a little crow tonight," Gordon said.
In other business:
• The city will switch its health care insurance to Bluegrass, which increases the insurance costs by 14.5 percent. The city had Anthem, but the insurance costs would have gone up more and Anthem does not support Norton hospitals or health services after a contract dispute. Louden said city employees wanted the option to use Norton health services. However, the Bluegrass will only cover medical professionals who practice in Kentucky, so hospitals and services in Ohio and Indiana will be out-of-network for city employees.
"It's a little cheaper," Louden said of Bluegrass.
• Louden asked the council to consider whether to prohibit home occupation permits. The permits allow homeowners to operate a small business within their houses and attached garages. Businesses in detached garages, but have a breezeway connecting the house and the garage, are also permissible. Homeowners have to obtain a permit and buy a business license to operate in this manner.
"My concern is people want to open a business in their garage," Louden said.
Miller did not agree with making changes at this time.
"I understand the gist of this conversation. We're in a horrible economy. Nobody is hiring and everybody's laid off," Miller said. "Right now, everyone's stuck."
Miller said the home business option might help those who need the income to supplement hours cut, unemployment benefits and any other loss of income because of the economic situation.
|
Article Comment Form
|
