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Fence ordinance runs into consternation Mail Tribune / Drew Fleming BJ Dante, 15, and Michelle Dante, 12, friends of the Middleton family, kick a soccer ball in the Middletons' yard in Central Point Wednesday. The Middletons want to build a six-foot fence at their property line for privacy and safety issues. They are appealing a clause in the city's fence ordinance that requires a 20-foot setback. Central Point rule passed in 1982; now come pleas for variances By BUFFY POLLOCK CENTRAL POINT - When Windy and Richard Middleton applied for a fence permit variance last month, they ran into a brick wall. A brick wall constructed of a 1982 ordinance, $300 in fees and a City Council already weary from too many fence issues. The Middletons soon learned that they were not alone in their frustrations over an ordinance that many say is too restrictive. The ordinance states that a 42-inch fence is permitted anywhere on a lot, but a six-foot fence has to be set back 20 feet from the property line for safety reasons such as visibility. "That really takes a huge chunk out of your yard, and our yard is already pretty small for three children," said Windy Middleton of her family's corner lot in Central Point East. "We just want to be able to physically use our property." The City Council is expected to review the Middletons' variance request at 7 p.m. today at City Hall. The Middletons appealed a June 5 Planning Commission decision that denied their request for a variance in order to have a six-foot fence at their property line. They came armed with a petition from 13 neighbors and a planning commission member who supported their fence. City Administrator Jim Bennett explained that the site had been reviewed and, while there were no safety concerns, the ordinance requires that a hardship must exist for the variance to be allowed. "We were told we had to prove it would be good for the community and that it posed a hardship (without it)," Windy Middleton explained. "We already proved it would look better but they (the planning commission) even told us at the meeting it was almost impossible to prove a fence would pose a hardship." Richard Middleton, who appeared with his wife before the council last month, argued the variance request wasn't just about his property. "It's not just the issue of my fence. We're here about the bigger picture. We think this thing could use some flexibility," he said. Though the Middletons paid $200 to request a hearing before the planning commission and $100 to appeal that decision, they barely escaped a harsh fee increase that took place July 1. The cost to request a fence variance increased from $200 to $400. Planning Director Tom Humphrey explained the increase was to cover the amount of time spent on variances requests, an issue that had "really gotten out of hand." Planning technician Matt Samitore said the city's ordinance, which had caused "more than its fair share of problems," used to be even more restrictive. It was revised in 1992 to allow a 10-foot setback on side-yards for corner lots. "I guess older Central Point homes were even built with larger lots to accommodate the fence ordinance making their yard smaller," said Samitore. Samitore said that with the amount of recent development - 10 subdivisions are currently under construction - more ordinance issues were to be expected. "So many people are moving in and not being made aware of city ordinances. I've looked this up a lot lately. This thing has been a pain...," he said. Windy Middleton said she had no idea when she purchased her home that there were "so many ordinances to follow." "If they're wanting to build this community up and make people want to live here, they need to realize that people don't feel real welcome when they have so many restrictions," she said. "We love living here. We love our city, we love the schools, our neighbors. None of that's a problem. We just want to build a fence." Bennett said the City Council is expected to approve the Middletons' fence variance at tonight's meeting. He said the issue may lead the council to reconsider the fence ordinance requirements. Buffy Pollock is a free-lance writer living in Medford. E-mail her at [email protected] . Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2001 Mail Tribune, Inc.