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Fence Decision A Tall Order

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By B.C. MANION

The Tampa Tribune

Published: May 17, 2008

LUTZ - A 6-foot cypress fence at 18412 Hanna Road is sparking a debate over who must abide by the county's scenic-corridor provisions.

Joe and Wendy Ivey, who live on a corner lot, installed a 6-foot fence along their side yard, which faces Sunset Lane, and their front yard, which faces Hanna Road.

They were cited by the county's code enforcement department for exceeding the height regulations on the section facing Hanna Road. Front-yard fences can't be taller than 4 feet, under county rules.

Debate over the Iveys' fence has prompted a look at a bigger issue.

The Lutz Civic Association contends the Iveys have violated a portion of the Lutz Community Plan, which protects scenic corridors.

The Iveys live at the corner of Sunset Lane and Hanna Road, which are designated as scenic corridors.

County regulations require a 30-foot easement to protect scenic corridors, and protection of scenic corridors is included in the Lutz Community Plan.

The Iveys were not cited for violating the scenic corridor provisions. Jim Blinck, manager of code enforcement operations, said that's because it is unclear whether the provision applies to single-family properties. He doesn't think it does, and there are conflicting views among county planners, Blinck said.

In his ruling on the fence, county land-use officer Harold Youmans referred to the scenic corridor requirements and determined the Iveys did not prove their case to allow a 6-foot fence within the easement.

Because of the confusion, Blinck has asked Paula Harvey, the county's zoning administrator, for an official interpretation.

"This is the first time that we've dealt with a scenic corridor as it applies to a single-family property," Blinck said.

Denise Layne, land-use liaison for the Lutz Civic Association, said the provision is intended to apply to every property along a scenic corridor.

"It's common sense," Layne said. "What - we have a scenic corridor every other house?"

But the Iveys and Barrett Garrison, who lives at the same address, have pictures of about two dozen houses with front-yard fences that are too tall or are within scenic corridors.

There are fences that don't comply, Layne said. "We acknowledge they exist," she said. The scenic corridor policy aims to halt future encroachments.

The Iveys said they will appeal Youmans' ruling.

"It's selective enforcement. I think it's unfair," Joe Ivey said.

When the couple bought the home on a corner lot, they realized it would need a fence to protect Layla Lynn, their daughter who is due on July 2, and their dogs, Spanky and Buckweet.

Joe Ivey said he drove through the neighborhood and saw lots of fences, so he didn't think it would be a problem to put one up.

He said he was told about the 4-foot front-yard height restriction but didn't think there would be a problem because so many other nearby fences were taller.

The Iveys said they were unaware of the scenic corridor provisions before they put up their fence.

They said a 4-foot fence would not meet their needs. A taller fence is needed for privacy, to keep people from taunting their dogs and to prevent would-be thieves or predators from peering into their yard.

Layne said the 6-foot fence creates the effect of a wall, which violates the community plan's goal of preserving a feeling of openness.

Neighbors are divided on the issue. They weighed in during two public hearings and in letters and e-mails.

Robert Andrews of 18410 Hanna Road favors the fence.

"We can actually enjoy our lanai right now, and my wife feels more secure as well because it guards our house from view from the corner as well," Andrews said, at a public hearing March 28.

Rita Greco, a friend of the Iveys, also favors the fence. When she visits the Iveys, her daughter can play outdoors, Greco said.

But there are opponents.

"This was planned and calculated," Grace Anne Rickershauser wrote. "Beg forgiveness, don't ask permission is not acceptable."

Priscilla Doyle and Lori Hill also are opposed.

"I had a lake and some trees, now I only see a fence for an entire block," wrote Doyle, of 1412 Sunset Lane. "The fence has cheapened the neighborhood."

Hill, who lives about a half-mile away, says the tall fence has created a blind corner for people using the sidewalk.

"Daily, I see there are a multitude of people of all ages and abilities that use the sidewalk to walk, jog, motorized wheelchair, rollerblade and bicycle," she wrote. The fence "has created a situation for an accident waiting to happen."

James Grimm, of 18505 Keen Drive, said he worries that the fence will lead to others.

Layne agrees. That's why the civic association is so interested in this case.

But Wendy Ivey said the fence isn't setting a precedent. "We're not the first one," she said.
Blinck said if his department needs to issue citations for homeowners violating scenic corridor provisions, it will do so. But, it will be problematic, he predicted.

The county doesn't require fence permits, so code enforcement will only discover violations if an inspector happens to spot one, or if someone calls to complain, he said.

Reporter B.C. Manion can be reached at (813) 865-1507 or bmanion@tampatrib.com.

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