Fence construction questioned

Buttonwood Harbor resident John Newman is questioning whether a fence behind his property was constructed properly and why his request to have the construction stopped was not fulfilled.

Bradenton attorney Stephen Thompson sent a letter dated Friday, March 25 to town planner Steve Schield on Newman’s behalf, explaining that a fence constructed behind his client’s home is inconsistent with town codes and requirements.

Longboat Key building codes state that all walls or fences in side or rear yards cannot exceed 6 feet in height.

The problem with the fence, according to Thompson, is it was built on Collier-Walker subdivision lots, also known as Coquina Beach Development, which are higher than the Buttonwood Harbor lots. The fence was also built on top of a retaining wall.

Although the fence itself is 6 feet high, the total height of the fence on the Buttonwood Harbor side is 9 feet after factoring in lot elevation and the retaining wall on which the fence sits.
Thompson’s letter requested the town stop the contractor from finishing the fence until the complaint could be vetted.

Newman told the Longboat Observer that town staff told him that because Schield was already gone for the weekend once the letter arrived, the matter couldn’t be reviewed until the following week. The fence was completed over the weekend.

Schield responded to Newman via email Friday, April 8 and said the approval of the fence was reviewed, and it didn’t warrant a stop-work order.

Schield said he inspected the fence and the permits issued for it Monday, March 28 and found no problems.
But Newman believes there’s a bigger issue surrounding the fence construction.

“We have concerns about the process through which the fence was approved — and our attorney’s letter handled — which we believe are community issues in need of closer examination,” Newman said. “Hopefully, such a review will improve the process for future residents.”

Planning, Zoning and Building Director Monica Simpson, however, said that her staff was aware of Newman’s issue with the fence weeks before his request for a stop-work order was made.

“We did several inspections on that fence and monitored the construction of that particular fence very carefully because we were aware of Mr. Newman’s issues with it before construction even began,” Simpson said. “We went above and beyond our inspection process for this fence and found no need to stop the work.”

Newman said he would have liked the opportunity to discuss the matter with town staff before the fence was finished.

“The fence is consistent with the code,” Schield said.

Schield, however, said he understands why the fence’s height is being questioned.

“But we have to measure the fence from what it sits on,” Schield said. “We can’t count the additional height of the raised lot or the height of the retaining wall.”

Schield said that town staff does not count the additional height of anything that’s constructed on top of a seawall.

Schield said that Newman can file an administrative appeal with the Zoning Board of Adjustment if he wishes to challenge town staff’s opinion of the fence.

Contact Kurt Schultheis at [email protected]