FREDERICKTOWN — After a yearlong dispute with her neighbor and the village officials over the height of a fence that borders her West Sandusky Street property, Fredericktown resident Beth Seemann said the situation has not been settled to her satisfaction.
The privacy fence in question is built on a graded retaining wall, which, according to Seemann, makes the height of the fence with the grading, 11 feet, well over the 7 foot limit in village zoning regulations.
Seemann said this limits the amount of light and air in her backyard, causing a mold problem.
“I have reduced air and reduced light,” she said. “My handicapped ramp is getting moldy from the conditions.”
She said the lack of sunlight also affects her ability to grow vegetables in her garden.
She said she contacted Zoning Inspector Andy Fox three times in recent weeks, but her attorney has not received a written report prepared by Fox in response to the complaints.
Fox declined to comment, deferring all communication in the matter to Village Solicitor Todd Drown. Drown said both he and Fox believed the matter had been settled last year, when Seemann had complained the fence had been built with the construction side facing her property.
Drown said the village instructed Seemann’s neighbor at that time to reverse the direction of the fence, which he did.
“We thought the matter was settled. We already had him turn the fence around, causing him time and expense,” said Drown.
Drown said the fence does not exceed the height limit in the village, and the positioning of the fence is a grading issue.
Seemann believes the way the fence is built violates the zoning regulations because the height of the fence should be measured from the position where her neighbor altered the lot line when the retaining wall was built.
Drown said the regulations have not been violated, because the neighbor “altered the lot line with her permission, and with her assistance.”
“Mrs. Seemann voluntarily gave her neighbor the dirt so he could level out his lot,” Drown said.
According to Seemann, Fox came to her home on Wednesday to discuss the matter, and to look at the fence. She said he advised her to send pictures of the fence to Mayor Roger Reed’s office. Reed said he would rather not comment on the matter, leaving official statements to Drown since the dispute may involve litigation at some point.
Seemann also said Fox listened to her concerns about the railroad ties her neighbor used to build the retaining wall. She was concerned because the EPA has issued warnings about using railroad ties containing creosote in residential settings due to possible health risks.
She said she can no longer organically garden along that area of her property because of her concerns for the impact on her health and that of her daughter.
Drown explained there is no zoning regulation or village ordinance banning the use of railroad ties for home landscaping. Therefore, he said, the neighbor is not breaking any laws by using them.
Drown said handling all neighbor disputes fairly is a challenge the village takes seriously.
“We strive earnestly to settle all disputes fairly and with common sense,” he said. “That’s what was done here.”
