Pubdate: Thu, 14 Jun 2007
Source: Victoria Times-Colonist (CN BC)
Copyright: 2007 Times Colonist
Contact:  http://www.canada.com/victoriatimescolonist/
Details: http://www.mapinc.org/media/481
Author: Matthew Gauk, Times Colonist

CITY, HOMEOWNERS CROSS SWORDS OVER TALL FENCE

Winona Waldron wants to keep her front-yard garden free  of drug paraphernalia.

That's why the 31-year-old stay-at-home mom is  scrapping with the 
City of Victoria over the fence at  her 115-year-old Vic West home. 
The 1.83-metre  structure is far taller than the 1.22-metre maximum 
height restriction set out in Victoria bylaws.

Waldron moved into the Wilson Street house in June  2002. At that 
time, the front fence was under the  height limit. She said that over 
the next few years she  collected used hypodermic needles and 
methadone bottles  from the front yard and the backyard shed. The 
fence  just wasn't much of an obstacle to drug users, she  said.

Last August, she and her husband had had enough. The  old fence had 
fallen down in the spring, so after some  debate they put up a tall 
wooden one in its place.

"We certainly had a sense of security we didn't have  before," said 
Waldron. "When you have kids you don't  want to have to scour the 
yard every time you let them  out to play."

Cian is three years old, Mattigan is nine months.

The fence worked -- Waldron hasn't found any drug  debris since it 
was built. But last November, the  couple received a letter from the 
city saying there had  been a complaint about their fence.

Cliff Carter, the bylaw officer who responded, guesses  the 
complainant thought the new fence didn't quite fit  in with the 
heritage-designated house it fronted.

"The city doesn't go out looking for over-height  fences, but if we 
get a complaint we have to go out and  do something," said Carter, 
adding he has sympathy for  Waldron.

He suggested she write to the city explaining her  conundrum and 
asking for special permission to keep the  fence. His superior, Stan 
Schopp, manager of  development and regulatory services, looked at 
the letter but decided to go ahead with the complaint.

A few months went by, then Waldron received another  letter from the 
city, this time ordering the fence's  demolition. Now, she's awaiting 
a June 21 hearing with  the city's private-property maintenance 
committee to  decide what will happen with the barrier.

There are ways that Waldron can keep her fence,  according to Carter. 
The bylaw itself says council can  grant permits to get past the 
fence height restriction.  The committee, made up of three council 
members, could  give Waldron an exemption or it could forward the 
issue  on to council itself for consideration. Or Waldron  could file 
a variance request with the city.

Coun. Pam Madoff, liaison to Vic West, said going to  the 
private-property maintenance committee is usually a  last resort.

"This has been going on since last November," said  Madoff. "So there 
would have been lots of opportunity  for her to make an appeal to 
city council or to contact  me directly and see if there's anything I 
could do in  terms of offering advice or explaining what the 
process  is, which is often the role we play as liaisons to the 
neighbourhoods."

Drug paraphernalia is a problem in every neighbourhood  of Victoria, 
according to Madoff. While she has  received complaints of used 
needles in the area in the  past, she doesn't see any 
disproportionate problem in  Vic West. She said this kind of issue is 
often  addressed by the local block watch in conjunction with  a 
police liaison. Waldron's neighbourhood doesn't have  an active block watch.

If forced to take down the fence, Waldron plans to  shorten it to the 
1.22-metre maximum and plant  something that would bring the height 
back up, much  like the full hedge in the adjoining yard. There is no 
bylaw covering hedge height.
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MAP posted-by: Beth Wehrman