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<br />March 1, 20071 Volume 1 I No, 5
<br />
<br />Appeal-Homeowner claims she does not need a
<br />
<br />variance to, build fence
<br />
<br />Board says placing fence on three-foot landscaping monnd puts
<br />height past limit
<br />
<br />Citation: Porter v. Green Bd. of Zoning Appeals, 2007-0hio-510, 2007 WL 397331
<br />(Ohio Ct. App. 9th Dist. Summit County 2007)
<br />OHIO (02f07/07)-Porter lived in a two-story house on a corner lot. A
<br />neighboring property owner's house was on an incline on the backside of
<br />Porter's lot, and Porter claimed that her neighbor could see in her windows.
<br />She constructed a three-foot high landscaping mound and placed a six-foot
<br />high fence on top of the mound to protect her privacy.
<br />The town's ordinance allowed fences on back and side yards in the resi-
<br />dential area, but there was a six-foot height restriction. While Porter was
<br />building the fence, a zoning inspector came to the lot and advised her that
<br />the fence-in combination with the landscaping mound-would exceed
<br />the height limitation. The inspector told her that the fence had to be taken
<br />down, but Porter refused, and the fence was completed.
<br />Subsequently, the zoning board contacted Porter and told her that she had
<br />to remove the fence or apply for a variance to waive the height limitation.
<br />Porter applied for a variance, but, ultimately, it was denied. Porter appealed
<br />the decision to court. .
<br />The trial court affumed the decision of the board. Porter appealed, argu-
<br />ing that the court had relied on irrelevant evidence and erred in its determi-
<br />nation that she needed a variance to leave her fence as it was constructed.
<br />
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<br />.:QLothe(prof~~sionEif'advjc<! cindthis puhlicatiol'l, i~nota,sub5titut~ for:the advfc~'
<br />- I'f_.yoG i'~cjuired~g?J'or6thej--expert)dvice;:you Sh0Ukl sel3:ktl1eserVices-o!~g;!riR
<br />or"other professional. - - - - ~-
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<br />~Onin@ ~ulletil)'iSpublished andcopYft9t-rted byThom~onM'est, 61-0 Qpper;man Dn\l~ f:q;'Bo1:~~~ ',:i-:
<br />St,PaL!I,MN 55164-0526; FOf sLibscriPtion lnforma't19n;~11 (80D') ,229-2084, ~ ',\qite'WeSt; :f_r~}f:~__
<br />- Oi-d"er-Protessing, 620 Opperman Drive, PO -Box 64833, 5-t. Pa'w., MoM 55164-9753. " - - .~c>'
<br />
<br />POSTMASTER; 5-end address changes to, Zoning Bulletin, 610 Opperman Drive, P.O. Box 645265t.
<br />Paul, MN 55164-0526.
<br />
<br />
<br />THOMSON
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<br />\NEST
<br />
<br />610 Opperman Drive. P.O. Box 54526. St. Paul, MN 55164-0526
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