"Jay" wrote in message
ink.net...
"Zootal" nousenetspam at dead ice dot us wrote in message
...
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.