HomeMy WebLinkAbout2005 04 11 Public Input Documents Provided by Ms. Jeanne Walker
Date: April 11, 2005
This was provided by Ms. Jeanne Walker at the
April 11, 2005 City Commission Regular
Meeting, during "Public Input"
Mayor, Council Members, Ladies and Gentlemen,
My name is Jeanne Walker, I am a resident of Winter Springs.
My chief concern is the repeal of our current fencing ordinance for the
city of Winter Springs. I am requesting that it be changed and that current fees
tor new fences be suspended for an additional 6 months. Our citizens have
suffered too many expenses due to the hurricanes and delays in getting materials
for fences with contractors and endless waiting lists have caused many of us to
be unable to complete or even start repairs during the first 6 months after the
hurricanes. The current law is confusing asking for fences to be placed 3 inches
from the property lines. This law seems to be ok until you find out the hidden
details that arc connected with it. My experience is as follows:
After the hurricane I apply for a fencing permit. I am told when I
apply by the code enforcement office at the desk that I must not let my new
fence touch any of my neighbor's property. T can no longer share a fence with
my neighbor or have them connect anywhere even on the comers! I must
according to the new ordinance no longer share a fence or I will be fined and the
fence wilt have to be removed. That means that according to the permit office
there would be a 6 inch gap between my fence and my neighbor. Of course 1
couldn't believe what I was hearing and was stunned that now I had to not share
the cost of a fence with my 2 neighbors but to fully pay for all sides of my
fence. I went home talked to my neighbors and they couldn't believe that what
I heard was correct so they to went to city hatt and heard the same story. Every
one then was baffled what to do. We all wanted to do what was right but the
law seemed to be asking us to accrue additional expenses know one could
readily afford. Also the aesthetics of a 6 inch gap between fences next to the
school, safety issues, health issues how would we maintain the area between the
fences, weeds, rats, snakes trees drove us crazy to makes sense of this new law.
Of course we all had so many things to do after the hurricanes we all just
patched our fences up and started the repairs to our homes and removal of
downed trees for the next several months. We hoped that with the hurricanes
the city council would tix this law while we did our other repairs and by the
time we could repair the fences things would be straightened out. They are not!
My 6 months were up on my building permit so I went and applied for
an extension since my fence company Prestige could not begin repairs in the
allotted time. Yet again T asked about the law and was told the same story. The
man at the desk said he could do nothing about the law but had to tell it or he
could be tired. He also encouraged me to talk to the city council. I ask to speak
to our Mayor, Mr. Bush and was able to speak to him briefly along with the
building code officer at the desk. Mayor Bush said he was unaware of the law
problem and would look into it. A couple of days later we are visited by the
Senior Building Inspector, Mr. David Alamina and Mr. Michael Scheraldi for
Winter Springs. Mr Alamina says that we can share a fence with our neighbor
as long as there is not a problem and the fence must connect on the comers. He
also states that we must have the fence 3 inches off the property line. So all
seems to he clarified for us however there is still the mixed message that we and
countless Winter Springs residents received for over 6 months and a law that
appears to be arbitrary at best. If our own officials can't get it right then it
definitely needs work or repeal. Some public notice needs to be made to correct
the mistake that we were all told when applying for a permit.
J am not a lawyer but I feel the following suggestions could be
helpful in correcting the situation:
I Have a legal paper for all people that are applying for a new fence
permit if they chose to use it that would allow them to share their fence with
their neighbor by having them agree to construct the fence either on the property
line or 3 inches to either side of the property lines. This agreement would only
be legal if both owners signed and notarized the document and submitted it at
the time of the permit. Lets face it if both owners agree to where they want the
fence it's really should be their business. The city doesn't or shouldn't be
wasting time and tax payer money having peoplc measuring and quibbling over
inches or putting themselves in legal neighbor disputes. New owners would
have to accept the old fence until a new fence needed to be constructed. Ifboth
neighbors could not agree then one neighbor would still be free to build his
fence 3 inches off his property line, choosing the style, color etc and solely
paying for the construction thereof
2_ Encourage the rebuilding of our beautiful city by removing
construction permit costs for an additional 6 months on construction that is
needed because of hurricane damage. (Let's face the facts most insurance
didn't really cover all the expenses that homeowners really have incurred. We
want all our homes to retain their value by getting all our neighbors to be able to
rebuild and repair all things that are needed to make our neighborhood whole
again.)
3. Get aU our Winter Springs Officials on the same page on our laws
and all their implications. Make sure that whatever is being told at the permit
office is correct and the inspectors are lenient with frazzled homeowners. CWe
know you have all been struggling as we have to do your jobs and care for your
own families during these difficult months.)
4. Educate the public as to what our hopefully new laws are and
apologize for any and all difficulties they might have had in dealing with our
city permit department.
Finally I would like to thank the Mayor, the City Council and all
the employees of Winter Springs for the great strides they have made for this
city since the hurricane and for listening to me today.
Remember :Let us not be >>>eary in well doing; for in due season we shall reap.
if we faint not Galatians 6:9
Thank-you