[RP TownTalk] Ordinance 2014-OR-01

James D. Holmes jdholmes at comcast.net
Fri Jan 31 17:43:16 UTC 2014


Jonathan

Thank you for your long-winded response.  But you failed to answer the 
most important question,

Who introduced  ordinance 2014-OR-01 and why is this change necessary 
for the public need/safety.


J. Holmes



On 1/31/2014 12:11 PM, Jonathan Ebbeler wrote:
>
> All --
>
> I would like to address and correct the inaccuracies in Mr. Wilson's 
> post as well as the ordinance in general.  My apologies in advanced 
> for this being long-winded.
>
> There is not a current ban on chain link fences, only a prohibition of 
> front-yard chain link.  To this point, a chain link fence for the side 
> and rear was approved in Ward 3 within the last six months.  The 
> application that Mr. Wilson spoke of was a commercial, not a 
> residential application, that is surrounded by commercial properties 
> that are prohibited from erecting a 6-foot chain link fence desired by 
> the applicant.  The property in question is one of the only properties 
> in the entire Route 1 corridor in Riverdale Park that the M-U-TC 
> zoning was not extended to.  The zoning the building had however 
> required a variance in their zoning -- i.e. what was proposed is not 
> guaranteed as a matter of right.  Chain-link is a prohibited material 
> for the rest of the commercial corridor and would not be a compatible 
> variance.  Fences that are 3.5' or less do not require Council 
> permission (there is pending legislation to change this to 4'), Mr. 
> Wilson's application required Council support due to it being a 
> commercial application, County-required variance processing, and the 
> fence height requested.
>
> While it was true that I was not at the worksession (out-of-state trip 
> known well in advance and excused by the Mayor), I was in attendance 
> at the legislative meeting the following week (where we actually vote 
> on the matter), the applicant made a decision not to show up to the 
> meeting to defend the application.  At the worksession the applicant 
> informed the Council that he needed chain link due to its melting 
> point.  The argument was later changed to a safety/terrorism argument, 
> which was then later changed to what we all knew was the real argument 
> - 'cost.'  However, even that was specious when it was pointed out to 
> the applicant that the cost differential was de minimis.
>
> Mr. Wilson is incorrect is stating that a vote was tabled.  Votes are 
> not taken at worksession meetings that the application was presented 
> at; worksessions are opportunities for Council to explore the question 
> while leaving a week to work out the objections and details prior to 
> the vote that occurs at a Legislative meeting.  In the following week, 
> we attempted to negotiate with Mr. Wilson and suggested many 
> alternatives that Council found a satisfactory compromise when the 
> prior arguments of melting point/safety/terrorism were pointed out to 
> be suspect, but the applicant steadfastly decided to take a chain-link 
> only approach and refused to budge.   Mr. Wilson although not in 
> attendance at the Legislative meeting, should have been informed that 
> the application that approved the fence with conditions was 
> unanimous.  Since Mr. Wilson neglected to negotiate in good faith 
> towards resolution of those conditions and/or attend the meeting where 
> those conditions could be voted upon, the outcome was predictable.  It 
> is important to point out that the Council did vote to support the 
> application, just not the 6 foot chain link fence desired. Conditions 
> were placed to use aluminum pickets instead.
>
> As Mr. Wilson indicates, it was pointed out during the initial 
> discussions that existing chain link fences although non-conforming 
> are grandfathered in.  This point came about due to an early argument 
> made by Mr. Wilson that he drove around the neighborhood and saw many 
> chain-link fences ergo we should approve his application for a 6 foot 
> chain link fence.  This ordinance does not in any way shape or form 
> change the grandfathering of fences.  If you have a chain link fence 
> it does not need to come down; this ordinance only prohibits future 
> side and rear chain link fences from being erected.
>
> Again, there is not an informal ban on chain link as other 
> applications have been approved at recent meetings.  They were split 
> votes however and at those meetings and on Mr. Wilson's application 
> the Mayor rightfully suggested that the Council take a policy position 
> on the matter.  Chain link in prior years was a preferred material due 
> to cost and longevity of material; that is no longer the case.  Also, 
> when fences are erected they impact not just the property they are on, 
> but their immediate neighbors and the overall neighborhood.
>
> I realize there are those that will disagree with me on this point and 
> want individual land rights to be absolute.  I will boil down the crux 
> of the ordinance to one situation - imagine for a moment that the 
> fence surrounding the Riversdale Mansion was chain link vs. the 
> attractive black aluminum fence that exists today.
>
> For comparison an average fence of 100 linear feet with one gate and 
> 4' high has the following costs from Home Depot:
>
> Chain Link:                          535
>
> Round/Split Rail:               334-565
>
> Vinyl: 566-1197 (depending on style)
>
> Composite:                         688-1593 (depending on style)
>
> Aluminum:                          535
>
> Wood Picket:                     561
>
> As always, respectfully,
>
> Jonathan
>
> Jonathan Ebbeler
>
> Councilman -- Ward 1, Town of Riverdale Park
>
>
>
> _______________________________________________
> TownTalk mailing list
> To post to the list, send mail to TownTalk at riverdale-park.org
> TownTalk-request at riverdale-park.org is for automated subscription processing only
> http://riverdale-park.org/mailman/listinfo/towntalk
>
> For more information about Riverdale Park, visit http://www.riverdaleparkmd.info

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://riverdale-park.org/pipermail/towntalk/attachments/20140131/d8cc7b3a/attachment.html>


More information about the TownTalk mailing list