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?

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
...
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?

Yep, you can even put a pig farm there if you owned before the zone.....

"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

"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


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.

"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?

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

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.)

"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.

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
...
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
...
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?

"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?

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.

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).

"Goedjn" wrote in message
...
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.

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

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

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

"Goedjn" wrote in message
...
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?

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

"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


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

Run for office? Change the rules from the top?

wrote:
Yep, you can even put a pig farm there if you owned before the zone.....

A pigfarm in Lebanon? You ought to be horse
whipped, or rather something they do to pigs. I
think I remember a 22 behind the ear was quite
humane, followed by a sledge hammer to the head if
necessary and then a dipping in boiling water.

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.

One reason for having such a rule is to make sure line of vision for moving
traffic isn't obstructed in anyway. Like at a corner. So if you're in the
middle of the block, having a 6 foot tall fence won't interfere with
line of
vision. I'd say that is one reason to be an exception to the rule.

bonnie

On Mon, 10 Apr 2006 20:50:46 GMT, "Travis Jordan"
wrote:

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

Why can't he tear out just five feet of it? If the removal and
refurbish cost was 60K, it must have been a lot bigger than 5 feet,
no?

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).

On Mon, 10 Apr 2006 21:04:03 -0400, rosebud
wrote:


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.

One reason for having such a rule is to make sure line of vision for moving
traffic isn't obstructed in anyway. Like at a corner.

Good point. As you drive into my n'hood there is a right-hand turn,
and the HOA approved a 40 inch picket fence, with alternating picket
and empty space, like most end of group homes have, and there is
nothing about the fence that violates the rules. But if people had
had a lot of foresight they might have suggested a rail fence instead,
maybe with cross-boards |x| something like that. The owners didn't
have a dog, and would probably have been just as happy.

Because when one looks across the yard to the oncoming traffic, and
looks through 2 layers of fence, the motion makes the patterns almost
dizzying, and one can't tell what is on the other side. Even though
the fence is 50% empty space. And 40 inches is plenty high when I'm
sitting down in my car, and the land the fence is on is maybe 6 inches
higher than the road.

So if you're in the
middle of the block, having a 6 foot tall fence won't interfere with
line of
vision. I'd say that is one reason to be an exception to the rule.

bonnie

On 10 Apr 2006 18:19:41 -0700, "
wrote:

My property has a sewer eastment beween 2 homes. I was allowed to put
up a 6 foot fence but if it ever needs removed for sewer work removal
and replacemnents at my cost...

I don't think this has much if any relevance for the OP. But where I
went to JHS and HS, we were on a rather major but only two lane road,
and the county owned enough to widen it to 4 lanes. There were no
fences at all, but some of our neigbors planted bushes or put in a
driveway lamp 20 feet back from the road, and others did the same
things right up close to the road. The lots are maybe 200 feet deep.
Some put in culvert next to the road and buried it, and some just left
the original ditch. We were not the first owners, and we inherited
culvert and bushes a foot or two from the road. We knew we would have
no bushes after they widened the road.

There is much more population north of that house today, but the road
still isn't that busy (there are parallel streets a mile away) and 49
years later the road still isn't widened. Spring Mill Rd. in
Washington Township, Indianapolis between 59th and 80th St.

Zootal 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?



Enforcement of building codes and zoning around here are totally
unpredictable - depends on the phase of the moon and who takes a
complaint )

Best bet is to make an alternative plan to present to the city; they may
make exception, and our city does that routinely. A lower fence and
some creative landscaping may give you close to what you want. Your lot
is 100' x ?

In article . net, Norminn
says...

Zootal 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?



Enforcement of building codes and zoning around here are totally
unpredictable - depends on the phase of the moon and who takes a
complaint )

Best bet is to make an alternative plan to present to the city; they may
make exception, and our city does that routinely. A lower fence and
some creative landscaping may give you close to what you want. Your lot
is 100' x ?

Yep. And it also helps to have some driving reason to need to place the fence
there, other than anything that basically boils down to 'I don't like your
code'. Some reason why you're uniquely and deleteriously impacted by the
limitation. Or some reason why you're borderline - if, for example, your
property size would have put you in a different category of restriction if it
were slightly different.

If you don't have something like that - yes, making a plan with all the
mitigations you can think of (lowering fence and/or landscaping like Norminn
suggests) is your only hope.

What WON'T work is walking in with "hey it's my land I don't like your laws", no
matter how convolutedly and nicely it's stated.

Banty


--
NewsGuy.Com 30Gb $9.95 Carry Forward and On Demand Bandwidth

Zootal 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?

Tell the city you plan to hold nude vollyball tournaments.

"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?



As you drive around, make a note of some especially ugly commercial
establishments. Then, ask someone from the zoning office what the going
bribe rate is these days.

What WON'T work is walking in with "hey it's my land I don't like your laws", no
matter how convolutedly and nicely it's stated.

It's not convoluted to stand for your own property rights.

"Banty" wrote in message
...

Or some reason why you're borderline - if, for example, your
property size would have put you in a different category of restriction if
it
were slightly different.

The rules are always very general, and corner lots present special problems.
I found it was fairly easy to get an inspector to stop by and give me a
variance for a fence which was, in theory, higher than the rules allowed.
The OP may find it's equally easy.

"rosebud" wrote in message
. ..

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.

One reason for having such a rule is to make sure line of vision for
moving
traffic isn't obstructed in anyway. Like at a corner. So if you're in the
middle of the block, having a 6 foot tall fence won't interfere with line
of
vision. I'd say that is one reason to be an exception to the rule.

bonnie



The city has specific rules about obstructions at corners blocking line of
sight for traffic, seperate from the setback rule. I don't know why they
have the setback rule - especially 15 feet!

"Norminn" wrote in message
ink.net...
Zootal 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?

Enforcement of building codes and zoning around here are totally
unpredictable - depends on the phase of the moon and who takes a complaint
)

Best bet is to make an alternative plan to present to the city; they may
make exception, and our city does that routinely. A lower fence and some
creative landscaping may give you close to what you want. Your lot is
100' x ?

We have a roughtly 125' x 125'. SE Corner of Oak and Franklin, if you are
familiar with the area.

Unless there's a utility easement between the properties, you should be able
to put the fence on the line after consulting with the neighboring property
owner.

--
Steve Barker


"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?

On 11 Apr 2006 04:58:38 -0700, Banty wrote:


What WON'T work is walking in with "hey it's my land I don't like your laws", no
matter how convolutedly and nicely it's stated.

Banty

When my next door townhouse neighbors, a previous set from now, wanted
to build a bigger deck, they showed up with the plans (which as a next
door neighbor I had to approve) 4 minutes after the truck started
unloading the wood, and they were going to start work immmediately.

I knew I would sign, but it annoyed me so I said, "Let me look at this
stuff" and went into the house. I heard the wife saying "No one's
going to tell me what to do with my own house."

I came out about 5 minutes later after signing the plans.

But get this: The wife was a lawyer!

The husband was a computer programmer and a nice guy.

I've had 3 pairs of neighbors where the husband was nice and the wife
wasn't. And another whole household of females, 3 generations, where
no one is nice.

On Tue, 11 Apr 2006 11:11:59 -0700, "Zootal" nousenetspam at dead ice
dot us wrote:


Best bet is to make an alternative plan to present to the city; they may
make exception, and our city does that routinely. A lower fence and some
creative landscaping may give you close to what you want. Your lot is
100' x ?

We have a roughtly 125' x 125'. SE Corner of Oak and Franklin, if you are
familiar with the area.

Sorry. I only know the northwest corner.

"mm" wrote in message
...
I've had 3 pairs of neighbors where the husband was nice and the wife
wasn't. And another whole household of females, 3 generations, where
no one is nice.

It's the estrogen thing... Why do you think that another word for
"complaining" is "bitching"?

"mm" wrote in message ...
I've had 3 pairs of neighbors where the husband was nice and the wife
wasn't. And another whole household of females, 3 generations, where
no one is nice.

Oh, forgot to add...
http://www.geocities.com/grumman581/...e-of-death.htm

"mm" wrote in message
...
On Tue, 11 Apr 2006 11:11:59 -0700, "Zootal" nousenetspam at dead ice
dot us wrote:


Best bet is to make an alternative plan to present to the city; they may
make exception, and our city does that routinely. A lower fence and
some
creative landscaping may give you close to what you want. Your lot is
100' x ?

We have a roughtly 125' x 125'. SE Corner of Oak and Franklin, if you are
familiar with the area.

Sorry. I only know the northwest corner.

Um....there isn't a NW corner :-)