New Update: Sept 13, 2007
Published: August 11, 2007
Flower Mound resident Rick Powers has a fence…a very nice 8ft fence around his yard that he built between him and his neighbor. We’d be thrilled if all of our neighbors would do their fair part and simply pay for their half of a shared fence. Read on for the latest update.
After his neighbor put in a 3-story tall playset, Powers wanted more privacy while in his backyard so he built a separate 12-feet long by 3-feet tall lattice panel above the fence, not connected. OOPS! His “fence” now exceeds the 8ft maximum fence height and violates town ordinance.
This fence is not easily visible to the public, but after receiving a complaint, Flower Mound officials have ordered Mr. Powers to take the lattice down. But he says he will not, so town officials are in the unusual predicament of prosecuting a long-time resident over an almost hidden enhancement. How can they do this? The latticework is classified as a building structure under town code – the same category as sheds. That law prohibits structures within 3 feet of property lines. It only takes a short drive through any of our neighborhoods to see sheds right up against a dozen property lines or houses, clearly in violation of code. His latticework could qualify as a fence instead of a ’structure’ if it didn’t exceed the 8-foot limit.
A simple fence becomes a political hot potato!
According to the Dallas News, “Mr. Powers pleaded his case Monday to the Town Council, but the elected leaders have distanced themselves from the case, calling it an administrative issue for the staff.”
“It’s bizarre I could be arrested just for a piece of latticework,” said Mr. Powers, who appeared Friday to set a tentative hearing date for Sept. 6. “The neighbor’s dog climbs up in the ramp and stays up in the playset,” Mr. Powers said. “And if he sees anyone in our yard, he starts barking. I got a 13-year-old daughter. I don’t want her to feel uncomfortable.” We can sympathize with him. Some of our neighbors are great with their dogs, taking them inside the minute they start barking, as we ourselves do, but others leave their dogs out all day and you can hardly go outside without their yapping driving you back inside to the quiet.
Now we grew up with the expression, “Good Fences make Good Neighbors”, and Powers has built a nice one to seek privacy in his personal corner of the world. What has not been written about is the play house. Was a permit issued, or even necessary for the extremely tall structure that allows an easy intrusion into his ‘world’? Clearly, we can all understand the desire of parents to build a fun playset for their children..been there, done that, but we must also consider the impact on our neighbors. Do they have the right to counter-build something such as a lattice panel to protect their privacy? It’s important for a community to have codes or guidelines to protect the quality of our community but it’s ironic when you think about it. If Powers loses and has to tear down the lattice, he can simply plant some thick Red-Tipped Photinia’s against his fence that will quickly grow to 20-30ft or taller without violating any codes, provide even better privacy, and and would ultimately be far more annoying to trim and maintain…for both sides.
On the side of his backyard fence facing Forest Vista Drive, Mr. Powers posted a sign: “Lattice Alone.” This small event is growing into an embarrassment for Flower Mound garnering a surprising amount of television, radio and print news attention. Let’s hope it gets resolved quickly and in the spirit of the “Small Town-Home Town” feel we all came here for. What does a story like this says to potential home-buyers thinking about relocating here?
To read the Dallas news article containing more information, click here.
______________
Sept 5, 2007
According to information received from the Powers, they will have their day in court tomorrow, Thursday, Sept 6, 2007. There are two issues at stake here. 1 - A code violation, that by per city officials, appears valid. and 2-An individual’s essential right to privacy. Let’s face it, that’s what we seek for the most part in our homes. Yes, we want them to be good investments and to be in an area where they will grow in value and other home values don’t cause ours to lose value. That’s where the codes should come in.
If they are determined in violation of code, is a variance justifiable given the intrusion by their neighbor causing them to put up the lattice in the first place? We’ll let you know as soon as we find out the judge’s ruling!
We’ve heard from several readers with very similar intrusions to their privacy..you know, play fort in back yard next to fence. The common solution was to plant tall shrubs or trees right between the line of sight. That may be the safest legal option if the Powers lose in court.
The Powers day in court has now been “reset” for a later date. Maybe you know better than us what that means, but the Powers have been advised that the Flower Mound prosecutor needs to gather new information.
Is the Town trying to work something out with the homeowners, or simply waiting and hoping the situation cools down and becomes less newsworthy? Something tells us the networks will pick up on it anyway.
It’s like postponing getting that toothache fixed. It’s not going to get any better until you address it. At least the Powers will get to enjoy their privacy lattice throughout the full pool months for sure!
The trial date is currently set for October 3, 2007.