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Posted on Sun, Jul 10, 2011 : 5:59 a.m.

Ann Arbor officials say homeowner's new fence in Old West Side isn't welcome in historic district

By Ryan J. Stanton

Old_West_Side_fence_1.jpg

A newly installed, split-rail fence in front of a house at 617 W. Madison St. in Ann Arbor's Old West Side Historic District is causing all kinds of commotion.

Ryan J. Stanton | AnnArbor.com

There's a fuss over a new fence in Ann Arbor's Old West Side Historic District, and city officials are trying to get the homeowner to take it down.

"From our position, we were just trying to improve the property," said Louis Breskman, who lives in the house at 617 W. Madison St. with his fiance, Meredith Newman.

"It's crazy," he said. "I can't believe how big of a deal it's been."

Jill Thacher, the city's historic preservation coordinator, released a new report on Friday following a city staff investigation into the wooden, split-rail fence that was installed last month in front of the one-and-a-half-story house dating back to at least 1927.

The problem: Split-rail fences in front yards are incompatible with the historic character of the district, according to city officials.

They were not traditionally installed in the Old West Side, Thacher said, and the city won't allow them unless the Ann Arbor Historic District Commission decides otherwise.

A hearing is now scheduled for July 14 before the HDC. Thacher is recommending the commission rule that the homeowner must remove the split-rail fence within 90 days and restore the site to its previous condition.

Consider it the latest reminder that Ann Arbor takes historic preservation seriously, with about 1,800 properties included in 14 historic districts throughout the city.

Thacher said the fence was installed without permission of the HDC and does not qualify for a certificate of appropriateness, which is needed when introducing new construction into historic districts. The property owner also did not secure a required zoning compliance permit.

According to Thacher, city staff received a phone call on Friday, June 3, from a neighbor about a fence being built without permits. A city building inspector visited the site that day and found a split-rail fence had been installed along the Fifth Street sidewalk on the corner lot.

The building inspector issued a stop work order, which was signed by a man on site whom staff believes was the person doing the work. But over the weekend, the rest of the fence was installed along West Madison despite the stop work order.

Old_West_Side_fence_2.jpg

A view of the new fence from the front of the house.

Ryan J. Stanton | AnnArbor.com

City officials say Breskman potentially faces a civil infraction or misdemeanor for violating the stop work order, but that hasn't been issued by the building department yet.

"I'm pretty surprised it's that big of a deal," he said. "We were doing some work around the house, (and) bought just a regular fence over at Fingerle Lumber.

"We put it in never thinking it was going to be a big deal at all. It's not like it's crazy or obscene or anything."

Breskman and his fiance signed their names Friday to an application seeking approval of the fence from the HDC, explaining in further detail the need for the fence.

"We have a corner lot that people cut across all the time, and walk their dogs through our yard," they wrote. "We want to create a boundary but don't want a 'thick fence' that is unfriendly. We would like to have a split-rail fence to achieve that."

They added that they "don't particularly like picket fences" and want a split-rail fence to plant clematis along the railing so that they end up with a "fence of flowers." Clematis is a climbing plant that bears white, pink or purple flowers.

Newman and Breskman also provided photos of other split-rail fences around the west side and noted that city parks in the area have split-rail fencing.

Thacher said several of the sites cited by Newman and Breskman are not in the historic district, though, and the remaining photos show fences installed prior to the adoption of the current historic preservation ordinance in 2007.

"The installed fence is not an appropriate design for the Old West Side Historic District and does not meet The Secretary of the Interior’s standard 9 or guidelines for neighborhood setting," Thacher concluded in her report. "If the application is denied, a new application may be made to staff or the commission to install a fence in a design that is appropriate for the district."

Breskman said there was a worn-out, wooden, picket fence on part of the property that was taken down to make way for the new fence, which he thinks is an improvement. He's not confident the HDC will see it the same way and let him keep the new fence, though.

"It doesn't look like it's going to happen," he said. "It looks like they're going to file a criminal charge against me for doing it."

He estimates he invested $1,200 into materials and labor.

According to the historic district design guidelines Ann Arbor follows, when installing new fencing it's appropriate to use wood (either picket or alternating board), wrought-iron or metal (wrought-iron style) or chain link (rear yards only). However, split-rail fencing does not conform to the guidelines, and so it must be reviewed by the HDC.

Thacher said a fence with square or flat pickets with at least 50 percent opacity would be an appropriate design. As an example, she said, there is an old, wooden, picket fence along the south property line of the lot and the design appears to be traditional and appropriate.

In an interview with AnnArbor.com on Friday, Thacher acknowledged this will be the first time the HDC has considered whether to allow split-rail fences in the Old West Side.

"Nobody's asked in the five years I've been here to put up a split-rail fence, so this is the first," she said, adding it could set a precedent depending on how the HDC votes.

"It's not the end of the world either way," she said. "It's just one of those things where the commission will have to decide whether this is appropriate or not."

Ryan J. Stanton covers government and politics for AnnArbor.com. Reach him at ryanstanton@annarbor.com or 734-623-2529. You also can follow him on Twitter or subscribe to AnnArbor.com's e-mail newsletters.

Comments

Scott Kunst

Mon, Jul 11, 2011 : 9:55 p.m.

My wife and I have lived in the OWS Historic District for 25 years, and we appreciate how the Historic District ordinance has helped to protect and improve our neighborhood. We've visited plenty of Midwestern cities where the neighborhoods surrounding downtown have been pretty much abandoned by anyone who could afford to live somewhere else and absentee landlords have run the housing stock into the ground. For 25 years we've watched just the opposite thing happening here, with all sorts of people buying and fixing up their houses to keep this old neighborhood a lively, friendly community -- and I think a big reason people have been willing to invest in these old houses is because of the protections offered by the Historic District ordinance. Not everyone would want to live with the ordinance's "restrictions," and there are plenty of wonderful neighborhoods in this city where you don't have to -- and where that 1950s fence wouldn't raise an eyebrow. But if you live in the historic district, I think you ought to abide by its rules, which have served our neighborhood well, instead of ignoring a stop-work order and continuing to do whatever you please.

grye

Mon, Jul 11, 2011 : 6:27 p.m.

Nothing like providing humor fodder for Jay Leno and the rest of the late night comedians.

Bill

Mon, Jul 11, 2011 : 4:01 p.m.

Depending on when this is discussed by the City Council we will be able to watch the proceedings in HD. Remember, there was plenty of money to upgrade the television facilities of the City Council when they laid off the city workers. I guess for this couple it was unfortunate that the workers handling fence violations weren't among those laid off by the city. This is just a case of the unfortuante situation that may occur when you live in any form of "association" be it a historic city district or a neighborhood with a home owners association. There will be some neighbor who had nothing better to do than complain about everyone else.

Ron Granger

Mon, Jul 11, 2011 : 3:02 p.m.

@TrueWolverine: "By the uproar one would think they installed a 10' high chain link fence with razorwire on top." -- But it either meets the historic rules that apply to the property, or it doesn't. Right? How can we have historic districts if they don't consistently and fairly enforce the rules for everyone? And if you want an exception, there is a process to request one. That process is the same for everyone. If you want to change the *rules*, you can get involved in the process. But ignoring the rules isn't the way to change them. Anyone putting up a fence in Ann Arbor needs a permit . You either get the required permit, or you risk getting caught and fined. Why is that a surprise to anyone? How is that unreasonable? This homeowner ignored the historic rules, and when the inspector informed them that they needed to stop putting up the fence and get a permit, etc, they ignored the inspector. I ask - what city would allow that? Can you name even one? There are plenty of places you can live in Michigan where nobody really cares what you do in your yard or with your barns, shacks, trailers, old cars, etc. The city of Ann Arbor is not among them.

foobar417

Mon, Jul 11, 2011 : 2:58 p.m.

Just wondering how many of the posters who believe it's fine for the homeowner to ignore a stop work order think the sky is falling if they see a cyclist not come to a full stop at a stop sign. The only equivalence I'm drawing is that both are rules, whether you agree or disagree with them. If everyone could ignore the rules they disagreed with, we wouldn't live in a civilized society for very long. The neighborhood has been a historic district for decades. The restrictions are well documented and the administration of those restrictions is in accordance with state law. The homeowner should have been well aware of what the restrictions were before he moved in. And for those who think people are crazy to live here under those restrictions, that is your right. Those of us who do are well aware that the historic district is primarily responsible for maintaining property values and preserving neighborhood character. If they hadn't put it in, the OWS would be a student slum of ugly 6-apartment 60s cinderblock construction. (It was in reaction to that trend that led to the creation of the historic district.)

Ron Granger

Mon, Jul 11, 2011 : 2:21 p.m.

@Ryan Stanton: "In fairness, I'd like to point out the report referenced in the story includes 3 pages of material from Thacher, while the other 9 pages include the homeowner's application and material compiled by the applicant." -- Thanks for that update, Ryan. Of course anyone who *actually has any experience* in these matters knows that it is typical for the city to include copies of the original correspondence when replying, text of local ordinances, conact information for inspectors, property maps, review board info, etc, and that quickly increases the size of any reply. How telling that it didn't stop some in this thread from attacking the inspector and suggesting all she does is pen lengthy indictments of violators... But it is telling to see the amount of hate some people will direct toward the messenger.

Ron Granger

Mon, Jul 11, 2011 : 2:15 p.m.

@Roadman: "It is also why the Tea Party is gaining nationwide popularity." Really? Is that what the Tea Party stands for? That local communities, with the participation of the property owner, may not choose to designate a property as historic (decades in the past), with subsequent limitations on development? And, instead, it should become a free for all - as in graft a double-wide trailer on the side? Or is it that we should tear down our historic buildings and allow developers to build condos wherever they want? Maybe a walmart in the Arb space? Why don't these people who want to live without rules go and re-make Detroit? I find it very curious that people want to change the very features that make Ann Arbor unique and give it character. Why re-make Ann Arbor like Warren, Livonia, Canton, etc?

Rizzle

Mon, Jul 11, 2011 : 2:13 p.m.

How can I get a glacier to cover my house and property so that I can preserve the historical character of this area from 27,000 B.C.?

Tony Dearing

Mon, Jul 11, 2011 : 2:10 p.m.

A comment was removed because of name-calling. You are welcome to disagree vehemently with other commenters, but please do not resort to insults or name-calling.

cmb

Mon, Jul 11, 2011 : 1:01 p.m.

Hundreds of homeless and hungry all around town, living on the streets and in tent communities, and we're worried about a beautiful split rail fence that the owners plan to cover gorgeous, colorful clematis blooms? Wow. I'm speechless.

Moonmaiden

Mon, Jul 11, 2011 : 12:57 p.m.

But they are allowed electricity and indoor plumbing? Are they allowed air conditioning?

63Townie

Mon, Jul 11, 2011 : 12:53 p.m.

An "alternating panel" fence was put in at the house across Fifth St. The fence obstructs the view of eastbound Madison traffic if you are going north on Fifth. If you're not in a delivery truck or a high SUV you struggle to see over it. A split-rail fence does not obstruct a driver's view, and it stops people from cutting across their lawn. I hope common sense prevails, but alas, this is Ann Arbor, a reality-free zone.

a2girl

Mon, Jul 11, 2011 : 12:12 p.m.

Why is it so difficult for all of you supporters of the homeowner to understand that his mistake was not applying for a permit? Had he done so, he would have been informed of his options. Perhaps he is a young, first time homeowner, but last time I checked, ignorance of the law is not a defense.

Lindsey

Mon, Jul 11, 2011 : 9:15 a.m.

I am right now looking for a house in the area, And the two things I ask the realtor is 1. Is the house your going to show me, Is in the historic district? If the answer is Yes, then I tell them to forget it. 2. And is the house your going to show me, Is it apart of any HOA? If the answer is Yes, then I tell them to forget it. I lived in the historic district of Ypsilanti on River St., and I will never again live in such a place, it was one of the worst experience of my life!

Left is Right

Mon, Jul 11, 2011 : 4:50 a.m.

Ah yes, the Old West Side, 1960's apartment houses from developers run amok crammed in with modest frame houses. I'm sure the historic commissions were created to prevent egregiously inappropriate development rather than nitpicking on fences, doors, and windows. I remember watching a meeting in which a replacement basement window was discussed for 20 minutes and who can forget OWS front-door fiasco. Now the fence? It's entertainment but a sad commentary on how "society" chooses to use its laws. I think we need to hit the reset button on the historic commission. I get the feeling that they don't really know which fights to pick--or maybe they're just no longer necessary to stem inappropriate development. How much funding do they currently receive from the City? For those worried about "crime" and "electrical fires" maybe that money is better spent on police and fire protection.

snark12

Mon, Jul 11, 2011 : 4:44 a.m.

It's nice to live in a place with clear property maintenance and improvement guidelines. And it's nice to live in a place where you're free to maintain your property as you alone see fit, within legal statutes (that's the kind of place where I happily live). But it's awful to live in a place with stated guidelines that are observed capriciously. I side with the HDC, even though I'd never want to live there.

rusty shackelford

Mon, Jul 11, 2011 : 3:43 a.m.

The real crime here is that Ann Arborites consider the OWS "historic." The vast majority of homes are completely run of the mill by any reasonable standard.

Mike

Mon, Jul 11, 2011 : 3:42 a.m.

The Hysterical Commission owns you once you buy a house in their district. You can't even put energy efficient windows in place of your old, leaky ones. So much for reducing our carbon footprint and conserving energy. In some cases they make you keep the old aluminum siding on your house even though it was installed in the fifties. You need your head examined to buy in a historic district. You can throw your property rights out the window..............as long as your window is an old one :-)

a2citizen

Mon, Jul 11, 2011 : 3:19 a.m.

I'd like to see his receipts for $1,200.00 No reputable builder would have continued to put up the fence once the inspector told him to stop. That must be some real expensive wood. Where did it come from? Mt Ararat?

Alicia

Mon, Jul 11, 2011 : 1:49 a.m.

This is absolutely absurd. It must have been a slow news day for this to make the "Top News". From what I see in the picture and having seen this house up close since the fence has been up, I think it's completely reasonable for the owners to put this in place. I'd love to ask that neighbor who called on June 3rd how he/she would feel if people were cutting through their yard and walking their dog through it. (Also, by the way - find a hobby instead of tattle-telling on your neighbors!) The owners of this home are actually trying to preserve the historic nature of their home by eliminating foot paths from their front yard on 5th and on Madison. I just love Ann Arbor, but really... this "issue" is a complete waste of time and waste of taxpayer money. There are much more important matters that need to be considered now. Attention Jill Thatcher - Do yourself a favor and find a job that does not make you look so small and petty.

sbbuilder

Mon, Jul 11, 2011 : 1:16 a.m.

Problem: You build a fence to serve as a plant hanger. Solution: Re-name said fence, and call the new structure a plant scaffold.

Roadman

Mon, Jul 11, 2011 : 12:54 a.m.

It is bureaucratic over-regulation like this that is reminiscent of the Soviet-style commisariats of a bygone era. It is also why the Tea Party is gaining nationwide popularity. The Fouth Ward, by the way, has a GOP Tea Party activist, Eric Scheie, on the ballot this fall against Marcia Higgins. Vote Republican in the Fourth Ward this November.

15crown00

Sun, Jul 10, 2011 : 11:02 p.m.

Only in Ann Arbor.

Mr Blue

Mon, Jul 11, 2011 : 3:37 p.m.

@OG Ann Arborite I rest my case

Original Ann Arborite

Mon, Jul 11, 2011 : 2:59 p.m.

Well if u were born and raised here in A2 then u should understand the 'only in Ann Arbor' comment. Okaaaaaay...

a2girl

Mon, Jul 11, 2011 : 1:53 a.m.

Really. All these people who keep saying "only in Ann Arbor" need to get out more.

Mr Blue

Sun, Jul 10, 2011 : 11:11 p.m.

You need to get out more if you think this is exclusive to Ann Arbor. In NYC, Robert DeNiro had to cut an entire floor off of the penthouse he built without approval . I suspect the Mr Breskman knew exactly what he was doing. He got caught and now wants to blame everyone else but himself.

Wrangler

Sun, Jul 10, 2011 : 10:29 p.m.

This is the dumbest thing I've ever read! Somebody is WAY out of control, and it's not the homeowners. (Looking at you, you crazy historic people) The fence looks fine, let them keep it. Sheeesh!

OLDTIMER3

Sun, Jul 10, 2011 : 10:09 p.m.

These same people complaining here when or if they move into the country want to bring all their city rules out in the country. Out here they complain about the tractors on the roads and the smell from farming operations. Otherwords you can't make all the people happy all of the time.

OLDTIMER3

Sun, Jul 10, 2011 : 10:02 p.m.

I am sure these rail fences have been around for decades. Like the man said some of the people think they own your land and think they can walk all over it and you!

Roadman

Sun, Jul 10, 2011 : 9:59 p.m.

I personally like the fence and believe it enhances the valueof the realty.

pbehjatnia

Sun, Jul 10, 2011 : 9:46 p.m.

good fences make good neighbors. esp. when your neighbors are nosy.

Lovaduck

Sun, Jul 10, 2011 : 9:45 p.m.

Ok, everyone BUT the owner moved into an historic protected district and never inquired into what is and isn't acceptable. He just went ahead. No one likes to be told what is and isn't acceptable where they live, but it DOES seem like careless behavior on the owner's part.. It doesn't matter whether the majority of writers like or don't like historic districts. Ann Arbor has them, and if you move into an historic district you abide by the rules or you don't move in. Having helped manage a condo in another city I realize how people hate to be told what they can put on their common areas, but the rules are spelled out and given to every owner. You don't just go ahead and then yell that it's "unfair" or "silly" after the fact. You read the rules and obey them or DON'T LIVE THERE.

Ryan J. Stanton

Sun, Jul 10, 2011 : 9:21 p.m.

In fairness, I'd like to point out the report referenced in the story includes 3 pages of material from Thacher, while the other 9 pages include the homeowner's application and material compiled by the applicant.

DBH

Tue, Jul 12, 2011 : 6:39 p.m.

Mr. Stanton, did you revise part of this story, deleting "12 page report" and replacing it with "new report"? If so, I see no note to that effect in this story. It is NOT consistent with journalistic ethics to revise a story without making a note to that effect, preferably at the beginning of the story. Although this is not the first time I have seen this on AnnArbor.com, it is no more acceptable and borders on shameful. You guys should know what the rules are by now. Get with it!

John B.

Sun, Jul 10, 2011 : 11:27 p.m.

It's a bit late to add that factoid....

Mr Blue

Sun, Jul 10, 2011 : 11:02 p.m.

after the slander has become fact by virtue of the anti government posters

John B.

Sun, Jul 10, 2011 : 10:09 p.m.

A bit late.....

arborani

Sun, Jul 10, 2011 : 8:49 p.m.

Just curious - what does the City pay to have its historic preservation "coordinated"?

EyeHeartA2

Sun, Jul 10, 2011 : 8:47 p.m.

Re-thinking buying that house in oh-so progressive Ann Arbor now? I thought so.

Mr Blue

Sun, Jul 10, 2011 : 8:58 p.m.

Ann Arbor is one of the few housing markets doing well in the state. Most folks buy homes in the OWs to live here instead of flipping them. Anyone thinking of buying here, particularly in the OWS should do ok on their investment, including Mr Breskman.

Jacob Bodnar

Sun, Jul 10, 2011 : 8:22 p.m.

These are the types of regulations that increase the cost of living in areas. Why would anyone want to live in a historic district when the local government has so much control over what you can and cannot do/build on your property. And "certificate of appropriateness" really? This story sounds like it's from The Onion.

Jacob Bodnar

Mon, Jul 11, 2011 : 4:09 p.m.

Mr. Blue, Oh, I see now. Keep prices artificially high via unnecessary regulations to keep the dirty poor people out. Well, when you put it like that who wouldn't love that kind of government sponsored class segregation.

John B.

Sun, Jul 10, 2011 : 11:25 p.m.

JB: How many homes have you owned, for how many years...? (chirp.... chirp.... chirp...).

Mr Blue

Sun, Jul 10, 2011 : 8:51 p.m.

Why would anyone want to live in a historic district? There aren't many vacancies or as many empty homes for sale in the OWS as there are in other neighborhoods or elsewhere in the region. Homes in a historic district hold their value and in the OWS anyway seem to sell quickly. The streets are nice, the homes well kept. Older homes have more character than suburban boxes and historic districts are usually close to amenities like downtown and cultural events. I wonder why? So let's lower the "cost of living" in a historic district and we'll potentially end up with urban decay and slum housing, which could easily spread to downtown.

John B.

Sun, Jul 10, 2011 : 7:57 p.m.

@Mike M.: FYI: (from) Sabra C Briere at 2:42 PM on July 10, 2011 Qualifications for serving on the Historic District Commission: 7 members, apointed by the Mayor with the approval of City Council for 3-year terms. Each member shall reside in the city. The majority of the members shall have a clearly demonstrated interest in or knowledge of historic preservation. At least 2 members shall be appointed from a list submitted by 1 or more local historic preservation organizations. If such a person is available for appointment, 1 member shall be a graduate of an accredited school of architecture who has 2 years of architectural experience or who is registered in the State of Michigan. If possible, 1 member of the commission shall meet the professional qualifications for history as defined by the Secretary of the Interior's Historic Preservation Professional Qualifications Standards. So, 4 members out of 7 are supposed to have professional qualifications and/or a demonstrated interest in and knowledge of historic district regulations prior to their appointment.

Sabra C Briere

Sun, Jul 10, 2011 : 9:08 p.m.

Source: Historic District Commission web page, <a href="http://www.a2gov.org/government/communityservices/planninganddevelopment/historicpreservation/Pages/APPLICATIONINSTRUCTIONSANDINFORMATION.aspx" rel='nofollow'>http://www.a2gov.org/government/communityservices/planninganddevelopment/historicpreservation/Pages/APPLICATIONINSTRUCTIONSANDINFORMATION.aspx</a> Person Name Title Start Date End Date Benjamin L. Bushkuhl 12/6/2010 12/6/2013 Mr. Bushkuhl earned a Bachelor and Master of Science degrees from Eastern Michigan University in Construction management, and has worked in commercial construction and residential remodeling. Ellen Ramsburgh 1/21/2008 4/4/2014* Ms Ramsburgh served on a historic district study committee and lives in a historic house. Kristina A. Glusac 2/21/2006 3/2/2012 Ms Glusac architect who earned a Bachelor of Arts in Mathematics with a Minor in History of Art in 1995 from Sweet Briar College in Virginia. She also holds a Master of Architecture Degree from the University of Illinois at Chicago. Lesa Rozmarek 8/17/2009 8/17/2012 Ms. Rozmarek holds a Bachelor of Science in Architecture from Lawrence Technological University, a Master of Science in Architecture with a certificate in historic preservation from Texas A &amp; M University. She is currently enrolled in the Master of Architecture program at Lawrence Technological University. Patrick McCauley Vice Chair 2/2/2009 2/2/2012 He was the recipient of a 2008 Rehabilitation Award from the Ann Arbor Historic District Commission, as well as a volunteer for the city's historic Kempf House Museum from 1999 to present and the Cobblestone Farm Museum from 1999-2002. He holds a Bachelor of History degree from the University of Michigan. Robert White 9/6/2005 6/6/2014 Mr. White is a long-time resident of Ann Arbor, also appointed to the Board of Review. Thomas Stulberg 6/21/2010 6/21/2013 Mr. Stulberg has served on a historic study committee and owns and lives in a significant property in a historic district.

Mike Martin

Sun, Jul 10, 2011 : 8:10 p.m.

Well Sabra, it seems like you are basically making my argument. #1 is not a qualification that has anything to do with ability. #2 is incredibly subjective. What does that mean? #3 begins to suggest A BIT of a qualification. But, one has to wonder what it takes to get on this list. #4 is negated by the &quot;if such a person is available&quot; clause. How about &quot;the commission is not valid until such a person is added to the group&quot;? #5 same argument. And you close by &quot;are supposed to&quot;. What is the actual make up of the current commission? My experience watching them make decisions left me with the impression that qualifications are few and most members seem inclined to say no (which strikes me as a small time power trip often). Again, you couldn't give me a house in the historic district. If you read the comments of the others here, the vast majority seem strongly against this sort of fencing issue. Something to consider when you are working on council - the will of the public who voted you in.

Owen23

Sun, Jul 10, 2011 : 7:55 p.m.

Look, it SOUNDS absurd that the city is nitpicking over a fence, but get this through your heads: DON'T BUY A HOUSE IN A HISTORIC DISTRICT if you don't want to deal with the restrictions. This story happens once every 6 months or so, and the owners are always shocked (SHOCKED!) to find out that they X,Y,Z they had planned is not going to be okayed by the city. I have no sympathy for homeowners like this. They clearly knew what they were doing and were trying to sneak a fast one by without the city noticing. If you want to make whatever alterations to your house you want... if you are that sort of person... there are plenty of McMansion neighborhoods to choose from. Knock yourself out. But if you buy in a historic district, you pretty much should expect to live with what you bought. Fair? Anal retentive? Whatever: this is the way these things work.

noyfb

Sun, Jul 10, 2011 : 7:53 p.m.

i dont know who's the bigger idiots; the morons on the &quot;historic&quot; planning com. (what makes that neighborhood historic anyway?! absolutely nothing besides some pinheads deciding it is?!) Who's to say somebody in 1927 would't put up a fence like that? Or... is this web site/&quot;newspaper&quot; the bigger idiots for putting something as stupid as this on their front page? Why don't these poeple go out and find real news instead of making this crap seem important? It's not! It's a stupid waste of time. The fence is nice: the city should reasonably approach the home owners and the home owners should reasonably decide how to resolve it. Bottom line; Control Freak City and Get-A-Life Web Site!

alfonso

Sun, Jul 10, 2011 : 7:49 p.m.

Violation of a stop order is bad enough, but erection of a split rail country fence in a gentrified city neighborhood is just bad taste. Fine them and tear it down I say.

John B.

Sun, Jul 10, 2011 : 7:49 p.m.

&quot;Is this Hitler's Germany or Stalin's Russia? People reporting other people for the slightest sign of independence is a repulsive behavior. &quot; Godwin's Law was achieved for this string at 12:30 p.m. on July 10, 2011. Time for our next topic?

Mike Martin

Sun, Jul 10, 2011 : 7:44 p.m.

A perfect illustration as to why you couldn't pay me to live in one of Ann Arbor's historic districts. Complete idiocy in my opinion. Classic &quot;government knows best&quot; thinking which we all get our share of in Ann Arbor without adding the misery of historic district rules to home ownership. After watching one of those historic district meetings on local cable I was amused an appalled. The criteria and thinking that go into decision making is laughable. The requirement to be on the historic commission is apparently nothing more than a prissy attitude and penchant for figuring out &quot;How can we get to no here?&quot;

Mr Blue

Sun, Jul 10, 2011 : 8:44 p.m.

You can paint your home any color you like, Mike. There are no restrictions on color in the OWS. Stop making things up.

Mike Martin

Sun, Jul 10, 2011 : 8:15 p.m.

Hi John B. See my thought on that below. Those do not seem like strong rules for qualification to me. And, I wouldn't want that group making decisions about my trim color.

John B.

Sun, Jul 10, 2011 : 7:54 p.m.

Mike: This just in (a while ago, actually): Sabra C Briere at 2:42 PM on July 10, 2011 Qualifications for serving on the Historic District Commission: 7 members, apointed by the Mayor with the approval of City Council for 3-year terms. Each member shall reside in the city. The majority of the members shall have a clearly demonstrated interest in or knowledge of historic preservation. At least 2 members shall be appointed from a list submitted by 1 or more local historic preservation organizations. If such a person is available for appointment, 1 member shall be a graduate of an accredited school of architecture who has 2 years of architectural experience or who is registered in the State of Michigan. If possible, 1 member of the commission shall meet the professional qualifications for history as defined by the Secretary of the Interior's Historic Preservation Professional Qualifications Standards. So, 4 members out of 7 are supposed to have professional qualifications and/or a demonstrated interest in and knowledge of historic district regulations prior to their appointment.

Townie

Sun, Jul 10, 2011 : 7:34 p.m.

Let me get this straight. Couple moves into a house in a historic district (nice place, they like the look of the house and the look of the neighborhood). There are rules for living there and making changes. OK so far? Said couple decides they need to sidestep one of the rules they don't like and go ahead and sneak in a fence as quickly as they can. They decided to break the rules they knew about (or should have - if not, try calling before doing things) and now they claim they are the victims. And if their neighbors decided to paint the house hot pink and put a tractor trailer (or two) in the driveway with a chain link fence then they will have no objections?

Owen23

Sun, Jul 10, 2011 : 8 p.m.

BTW, I was agreeing with Townie, not Mike Martin. Mike: there have always been restrictions and rules in historic districts. Not ALL neighborhoods have rules like this, but historic districts do. You know that when you move in. If you can't handle that, pick a different neighborhood with less rules. It's like sending your kid to a private school that requires uniforms. Don't like kids being forced to wear uniforms? Pick a different school!

Owen23

Sun, Jul 10, 2011 : 7:58 p.m.

Exactly!

Mike Martin

Sun, Jul 10, 2011 : 7:50 p.m.

Love your easy acceptance of the idea that home ownership comes with aesthetic &quot;rules&quot;. &quot;Rules&quot; apply to many things in life of course. But, many people disagree with rules regarding what sort of fence can be installed or whether a window replacement choice is appropriate on private property. Maybe I don't like the color or fit off my neighbor's moo moo when she walks the dog every day. Let's make a rule about that.

Craig Lounsbury

Sun, Jul 10, 2011 : 7:05 p.m.

Maybe &quot;we&quot; should declare any and all outdoor improvements in any and all neighborhoods off limits. After all sooner or later every neighborhood that isn't bulldozed will be 80 years old. Someday my mid 60's brick (in front, press board in rear) ranch will be 80 years old.

Christine Crockett

Sun, Jul 10, 2011 : 6:53 p.m.

This article misses the point and is completely unfair to one part of Ann Arbor Planning Department. The issue here is not the Historic District law. It is the fact that the owner failed to procure a permit to build this fence. Permits are required for any such building project for a number of reasons. The Planning Department checks for safty issues, if the fence is on the proper lot line, and yes, to see if the project falls within a historic district. If the owner had followed the required process then the permit request would have been reviewed for zoning compliance, safety factors, and sent to the Historic District Commission BEFORE any work took place. The city staff are not the bad guys in this scenario. It is the owner who not only failed to get a permit, and also refused to stop work when an order was issued. It was the owner who broke the law twice. He got caught anyway and now wants to blame the city, specifically the Historic District Commission. which is only one part of the planning review. He could have avoided this outcome if he had done the right thing in the first place.

AstroJetson

Sun, Jul 10, 2011 : 6:28 p.m.

How amusing that the hearing is on July 14th - Bastille Day. Maybe all the anti-HDC &quot;not in my yard&quot; commenters should storm City Hall.

Jack Gladney

Sun, Jul 10, 2011 : 6:24 p.m.

One Solution: Rename this &quot;Historic&quot; districe the Wild West Side. Problem solved. A 12 Page report about a fence? People we have ducks being run over by gas guzzling SUVs and dogs scaring reporters and bats with rabies and a bear cub living in a wildlife area in Dexter. Priorities, people.

Mary D.

Sun, Jul 10, 2011 : 6:03 p.m.

&quot;According to Thacher, city staff received a phone call on Friday, June 3, from a neighbor about a fence being built without permits. A city building inspector visited the site that day and found a split-rail fence had been installed along the Fifth Street sidewalk on the corner lot.&quot; I am amazed that a city building inspector was able to make an appearance on the site the same day he was notified to do so. Incredible.

Heather

Sun, Jul 10, 2011 : 5:53 p.m.

A split rail fence looks right when it is around a pasture filled with cows or goats or horses. It just doesn't seem appropriate in the Old West Side neighborhood.

janeqdoe

Mon, Jul 11, 2011 : 1:15 a.m.

A pasture filled with cows or goats or horses? Really? Haven't been anywhere near a pasture lately, have you?

Stephen Landes

Sun, Jul 10, 2011 : 5:35 p.m.

Typical nanny state mentality. Ann Arbor is not Greenfield VIllage on Williamsburg where the purpose is to maintain structures and grounds exactly as they were for educational or recreational purposes. We have some limits necessary to help us live in close proximity with each other without undue distress, but when those rules prevent someone from making modest improvements to their own property because they transgress some distant Federal bureaucrat's idea of what constitutes an appropriate decorative fence on residential property then we have really got to draw a line in the sand. Just a thought for the Feds: what kind of fence do you think surrounded land in this area before farms turned into urban lots? I'll bet they looked a lot like what has been constructed on Madison -- and probably not nearly as nice looking!

peg dash fab

Sun, Jul 10, 2011 : 6:21 p.m.

yes, it is the same nanny state mentality that forces ann arbor property owners to shovel their sidewalks, pay their taxes, etc. as for your bet: you might want to do a little research into that before you lay down any long green.

st.julian

Sun, Jul 10, 2011 : 5:16 p.m.

Perhaps the the Historic commisioncoordinator should look at pictures of historic Ann Arbor in the 1890-1910 era. It seems to me post andrail was plentiful. It seems the coordinator needs come outof his dream state. The house is old,the neghbor hood is old,but not that old. The fence is consistent with the timeperiod. Twelve pages should focus on how to stop the ravaging of the &quot;hisotric area&quot; around downtown. I guess thecoordinator finds it easier to pick on individual home owner then acommercialreal estate interest. This is position, if paid, that shuold be eliminated. Or at least get someone with a sense ofreality into the job.

peg dash fab

Sun, Jul 10, 2011 : 6:16 p.m.

[citation needed]

Mr Blue

Sun, Jul 10, 2011 : 5:46 p.m.

The house was built in the 30's. Do you have a picture of a 30's home with a split rail fence? I thought not.

Mick52

Sun, Jul 10, 2011 : 4:58 p.m.

I lost all respect for the historic district in the past two years. Heritage Row, a phony historic excuse. But its okay for Zingerman's to tear down a house that may have been the oldest in Ann Arbor.

John B.

Sun, Jul 10, 2011 : 7:41 p.m.

You mean the one that had been completely gutted by fire? The one that had occupants whose lives were saved by Zingerman's employees? That one?

eagleman

Sun, Jul 10, 2011 : 4:30 p.m.

Is this Hitler's Germany or Stalin's Russia? People reporting other people for the slightest sign of independence is a repulsive behavior. If this couple was failing to properly preserve the property or were causing a disturbance, I could understand. But a fence? A fence? Really? I love history and i appreciate the efforts that Ann Arbor has taken to preserve its history, but this is going too far. It is incidents like this which make me very leery of centralized government. Bureaucracy run amok.

John B.

Sun, Jul 10, 2011 : 7:46 p.m.

Godwin's Law in action. It was only a matter of time... (Bonus points for pulling Stalin's name into it).

peg dash fab

Sun, Jul 10, 2011 : 6:15 p.m.

yes, a fence. really. you really need to get a permit to erect a fence. really. now you know.

jns131

Sun, Jul 10, 2011 : 4:28 p.m.

My mother has always said that the historical commission is like the Obama administration, totally screwed up and totally off track of where it needs to go. Get a life and move on. If an adult book store, after Ann Arbor pitched out one years ago can move in, why not a split rail fence. Get rid of this adult book store and the fence might disappear too. I agree with one comment though. What police? Ann Arbor is downsizing it force. Who has time to go after them when the Wagner bridge is having its own issues. Good luck Ann Arbor. You are a growing nightmare.

peg dash fab

Sun, Jul 10, 2011 : 6:14 p.m.

logic!

eJohn

Sun, Jul 10, 2011 : 4 p.m.

OMG... ANOTHER hysterical commission panic over someone trying to improve their property without first genuflecting before the self-appointed Gods and Goddesses of imagined historical &quot;feel.&quot; I'm all for maintaining historical standards, but I have yet to see anything out of any local historical commission that's actually historical. Each new commission gets to re-imagine what it thinks &quot;the olden days&quot; were like and only allow people to make improvements that fit into their personal views of what they believe might have been. If you disagree with them, their stock answer is, &quot;You can't prove us wrong so you have to do what we say.&quot; If you then prove them wrong, their answer switches to, &quot;Well, it's not part of our vision for your neighborhood so you have to do what we say.&quot; Then it becomes, &quot;If you sue us over this, YOU have to pay your own legal fees and WE DON'T so you have to do what we say.&quot; The other problem with any &quot;historical&quot; commission, especially the one in Ann Arbor (and certainly Ypsi!), is that anyone that wants to dictate what others can and can't do is eligible to be on it. There are NO requirements that the commissioners have ANY clue at all about urban planning, historical architecture, history, cultures, N-O-T-H-I-N-G. But get on the commission and you get to tell everyone else what they can and can't do with no accounting to anyone. Yippee!!! I can't imagine why anyone would knowingly buy a house in a historic district. You own it, but good luck doing anything with your investment.

Sabra C Briere

Sun, Jul 10, 2011 : 6:42 p.m.

Qualifications for serving on the Historic District Commission: 7 members, apointed by the Mayor with the approval of City Council for 3-year terms. Each member shall reside in the city. The majority of the members shall have a clearly demonstrated interest in or knowledge of historic preservation. At least 2 members shall be appointed from a list submitted by 1 or more local historic preservation organizations. If such a person is available for appointment, 1 member shall be a graduate of an accredited school of architecture who has 2 years of architectural experience or who is registered in the State of Michigan. If possible, 1 member of the commission shall meet the professional qualifications for history as defined by the Secretary of the Interior's Historic Preservation Professional Qualifications Standards. So, 4 members out of 7 are supposed to have professional qualifications and/or a demonstrated interest in and knowledge of historic district regulations prior to their appointment.

Mr Blue

Sun, Jul 10, 2011 : 6:03 p.m.

When was the last time you offered to serve on a public commission? You know that even if you have no qualifications whatsoever you could get appointed and make changes and tell people that they can do whatever they want!

SB

Sun, Jul 10, 2011 : 3:46 p.m.

I live a few doors down and I personally think the fence is ugly. But you know what? It's NOT MY PROPERTY and the owner is not beholden to me or anyone else on matters of taste. Without a public and accessible set of clear standards and procedures regarding home improvement projects in our historic districts, any regulation of a given project IS going to be a matter of taste or, worse, just a reaction to a curmudgeonly neighbor. It leaves all of us here not knowing exactly what we can and cannot do. Who do we talk to? Where are the rules? I'm happy to follow the rules, but you have to tell me what they are BEFORE I start building or changing things.

Mr Blue

Sun, Jul 10, 2011 : 4:42 p.m.

HDC rules and guidelines based on Federal and State standards, are clearly written and available online at the City website

Sabra C Briere

Sun, Jul 10, 2011 : 4:18 p.m.

I hate to sound bureaucratic, but anyone who wants to find out building regulations really should check with the local governmental staff. Before you start building or changing things, you should learn what the expectations or restrictions might be -- and that's no matter where you live, in Ann Arbor or outside the City. To learn about regulations in the historic district, look at Chapter 103 of the City Code. Here's a link: <a href="http://library.municode.com/index.aspx?clientId=11782&stateId=22&stateName=Michigan" rel='nofollow'>http://library.municode.com/index.aspx?clientId=11782&amp;stateId=22&amp;stateName=Michigan</a> It may be frustrating to deal with City Hall, but you might also be frustrated if the City didn't enforce its ordinances -- that is, if the lack of enforcement made you feel as if you didn't get what you pay for.

WhyCan'tWeBeFriends

Sun, Jul 10, 2011 : 3:44 p.m.

I have an idea. The homeowners should remove the fence, allow activities to return to normal, then call 911 for every law-breaking individual who trespasses on their property or allows their dog to use it as a public dog park facility. Ticket every one of them and have them do community service to help the homeowners install an &quot;acceptable&quot; fence. Where were the anonymous neighbors when these homeowners' rights were being trampled - walking their dogs across their property? Had to be neighbors doing that!

kittybkahn

Sun, Jul 10, 2011 : 3:10 p.m.

I live on the Old West Side and, although it was a bit of a hassle to seek out the correct kitchen door when we renovated our kitchen, I am glad for the rules. It is the tradeoff we deal with to be able to enjoy a neighborhood in a historic district full of beautiful homes. My question is whether the owners were told, before they purchased their home, that it was in a historic district and there were certain limitations going along with that. Perhaps realtors should be required to disclose that information when showing homes? I have watched meetings of the Historic District Commission where people wanted to put an addition on a small home in a historic district and seemed to be completely unaware of the restrictions. The fact that these owners got a stop work order and still completed the fence makes me wonder, though, if they would have complied in any case. If you don't want to comply with the rules of a historic district, then buy elsewhere. There are many many nice homes for sale all over our city.

David Cahill

Sun, Jul 10, 2011 : 3:04 p.m.

The big reason for historic districts is that they prevent inner-city neighborhoods from being trashed by developers. The result is that we have a &quot;charm zone&quot; here composed largely of historic districts. Another reason for historic districts is to preserve the &quot;look and feel&quot; of the neighborhood. Fences are part of that look and feel. I expect the Historic District Commission will have a hearing and make a decision on the fence. We live in the newly-established Broadway Historic District. It has stopped developers cold. We also had a recent experience with the Historic District Commission staff that may be enlightening. Our roof was leaking and had to be replaced. Modern standards require vents along the underside of the roof to insure proper ventilation. The air flows through these vents and out through a vent at the top of the roof. Ms. Thatcher, the staff person, said she wasn't sure the Commission would approve the most common current solution to this problem: round &quot;soffit vents&quot; on the underside of the house's structure. They are pretty ugly. So we asked our contractor for another solution. He came up with another ventilation option: &quot;drip edge vents&quot;, which hide behind the gutters. Thatcher and the head of the city's building department came out and did a site visit. They looked at the proposed drip edge vents and thought they were a great idea. Thatcher even said she would recommend them for other projects within historic districts. The roof is now installed and the ventilation system works so well that the second floor of our house has been the same temperature as the first floor during our recent hot days and nights. The total cost for historic preservation review: Twenty dollars.

a2miguy

Mon, Jul 11, 2011 : 3:01 p.m.

&quot;The big reason for historic districts is that they prevent inner-city neighborhoods from being trashed by developers.&quot; Nice. So what do we have in place to prevent our downtown area from being trashed by developers? Nothing, apparently.

Rizzle

Mon, Jul 11, 2011 : 2:24 p.m.

$20. That's some nice accounting. Cost to you or to the taxpayers?

Ace Ventura

Sun, Jul 10, 2011 : 9:02 p.m.

Being that the other half of your &quot;We&quot; is on the city council kinda greases the pig for you dosn't it.

DennisP

Sun, Jul 10, 2011 : 5:37 p.m.

Do you get any problems with ice damming or freeze over with the vents situated behind the gutters? If not, it sounds like an interesting idea for any home.

Alan Goldsmith

Sun, Jul 10, 2011 : 3:02 p.m.

&quot;No doubt those rules are what made that neighborhood attractive to them - that's why their neighbors' homes don't look like garbage.&quot; Like I said this is about CLASS.

Alan Goldsmith

Sun, Jul 10, 2011 : 3 p.m.

Let just flat out say what this is--an attempt by politically corrects run a muck to make it so expensive to live on the Old West Side and in effect excluding anyone who can't afford to remain in compliance. You know, it's out and out a CLASS issue. Welcome to Ann Arbor. The people on the Old West Side, Downtown and Burns Park get taken care of, while the rest of the city crumbles.

peg dash fab

Sun, Jul 10, 2011 : 6:11 p.m.

that's why mucks are tros cher! it's those politically corrects! and now they are waging class war against the split railers!

Alan Goldsmith

Sun, Jul 10, 2011 : 2:57 p.m.

&quot;You give up some freedoms in exchange for the benefit of living there.&quot; Are we talking about the Old West Side? Or Ann Arbor? I'm sick of the 'freedoms' being 'given up' for the benefit of living here. Amusing this story comes out a couple of days after mailing my summer tax payment--you know, the one that helps pay for million dollar no bid contracts to friends of the Mayor, a German urinal water fountain clocking in at just under an million and...someone who has the time to write a 12 pay report instead of trying to work out the issue, while we gut the fire and police departments. Whoever wrote this comment--YOU can give up all the freedoms you like--the rest of us aren't.

Jules

Sun, Jul 10, 2011 : 2:52 p.m.

I find it interesting that somebody had the time to write a 12 page report....about a fence? And spend time and money investigating it. Come on people use common sense. This fence looks nice, serves a purpose and doesn't detract from the area. The final comment is I'm glad I don't live in Ann Arbor any longer.

peg dash fab

Sun, Jul 10, 2011 : 6:09 p.m.

jules, are you really so intimidated by a double digit page count? i suspect this report pretty much wrote itself just by citing the relevant facts and rules.

Wolf's Bane

Sun, Jul 10, 2011 : 2:49 p.m.

Hmm, bad news for Mr. Louis Breskman. The fence is inappropriate for the house, the property, and the neighborhood. A better choice would have been a traditional fence consisting of posts, rails, and picket fence. What he has installed may be fine for a McMansion in Canton, but won't suffice in A2 premier Historic District. Sorry.

WalkingJoe

Sun, Jul 10, 2011 : 2:47 p.m.

I like the fence. But then I live in Pittsfield Township. They allow fences just not a new Menard's to create jobs.

pseudo

Sun, Jul 10, 2011 : 2:46 p.m.

I think historic districts with board boundaries are a double edged sword and in an economic cycle where selling a home is difficult, they cause more damage than they are worth. Further they hamper the ability of property owners to make improvements their property and impose various subjective criteria for approvals of such improvements, generally soaking up time, attention, money, legal advice etc. At the same time they do preserve a certain look and feel of a certain area. They do from time to time prevent developers from purchasing destroying significant structures. I have declined to buying a number of houses that were attractive but upon reviewing the minutes/decision making of historic commissions and the various municipal agencies involved. As much as 'rule are rules' the reality is that humans are humans and rules vary from decision to decision. I found that given the needs of these properties (fencing included) and given the decision making of the bodies involved and the property wasn't worth the pain. Mr. Breskman, you will not have luck - looking down the comments here - its clear the vote won't go your way. finally, I am surprised and disturbed that a city that is cutting basic services like police and yet employing a &quot;historic preservation coordinator&quot;.

JoAnn Barrett

Sun, Jul 10, 2011 : 2:40 p.m.

@mferg56 You bring up an interesting question. How do we educate prospective buyers of homes in Historic districts of the restrictions and responsibilities of living in that home? I am a Realtor in Ann Arbor, and recently sold a home in the district. The buyers, upon advice from their attorney, asked for proof that the newly constructed fence was approved by the OWS Historic District Commission. I represented the sellers, and we supplied a copy of the approval. But it brings to mind that our sales contracts specify attorney approval of Homeowners Association Documents, and it makes sense to me to also specify Historic District documents. They are similarly restrictive, if not more so, and it is currently possible for someone to buy in the district without being aware. Although we recommend that our buyers seek the advice of an attorney when making any home purchase, if they neglect to do so, the fact that the home is in a Historic District would be brought to their attention. That said, I am not assuming that to be the case here.

AA

Sun, Jul 10, 2011 : 2:22 p.m.

This is the rule, period. I have to follow everything to the letter in this crazy city. This person must also.

Ron Granger

Sun, Jul 10, 2011 : 2:19 p.m.

Even most trailer parks have rules. Without rules cities become slums. If the city fails to uniformly enforce Historic District zoning, the courts will quickly rule that they can't enforce it at all. And then you have no Historic District. I love the character of Ann Arbor's Historic District. It is something that makes the city unique. I don't think I would want to comply with the strict rules, so I don't own a historic home subject to the restrictions. Love it or leave it. If you don't like it, move to Warren, Livonia, Flint, Milan, etc. But you'll still likely need a permit to put up a fence. And if an inspector tells you to stop work, you must comply.

a2citizen

Sun, Jul 10, 2011 : 2:57 p.m.

Not only &quot;must comply&quot; the responses on the local blogs would be, &quot;...who is this clown that thinks he can violate building codes?&quot;.

Jon Saalberg

Sun, Jul 10, 2011 : 2:14 p.m.

@Mr. Blue sez: &quot;OWS properties have consistently held their value over other neighborhoods in the city. Most homes sell quickly. The OWS is one the most desirable neighborhoods to live in the city.&quot; Be that as it may, it doesn't mean there is any logic to the home prices for the Old West Side - my guideline is that a house that sells for $250,000 in our neighborhood, would sell for $350,000 on the OWS, and $450,000 in Burns Park. If you want to pay for location without a commensurate increase in house size, by all means, do so. As for &quot;requirements&quot;, it certainly call in to question the sanity of such rules.

Matt Cooper

Sun, Jul 10, 2011 : 11:29 p.m.

And you can draw all the foolish conclusions you wish to. I just think that if I spend some $350k on MY house, I will put on MY property whatever kind of fence I want to. Let them ticket me. Let them fine me. I don't care. I paid for the property and will do with it as I wish. And no, you certainly cannot tell me what to do inside my house, and I never made any mention of anything like that. But remember one thing, friend. Just because a law exists doesn't make it right. I won't tell you what to place on your yard, and will not, under any circumstance, allow you (nor HDC) to dictate to me what I will be allowed to put on mine (once I buy a house, which certainly will not be in Ann Arbor).

Mr Blue

Sun, Jul 10, 2011 : 4:38 p.m.

Obfuscate all you want. Your argument holds no legal or logical water. The fence doesn't have to be to my liking it just has to conform to the same rules and regulations as the one that anyone may build. Your choice of paint color may not to be my liking, bit neither I nor any HDC rules prohibits what color paint you want to use. Nor do HDC rules regulate what you may or may not do inside your home and your neighbor has no say so whatsoever. That is all done in the building codes. And don't forget that if you hire someone or let's say do some electrical work that causes a fire and burns down your neighbors home it can be considered a criminal act. This is why those of us who desire to live in a civilized society live within the law. Additionally, working in violation of a legal order is like tearing up a speeding ticket right in front of a police officer. It sounds to me like you support that kind of illegal action.

Matt Cooper

Sun, Jul 10, 2011 : 4:03 p.m.

So, Mr. Blue...by your logic, if I spend upwards of a half million dollars to buy my home, I really don't own it because of course I need your permission to, say, erect a fence (whi has to be to your liking), or perhaps paint my front door (which again has to be to your liking), or whatever other changes I wish to make to the property I (not you) paid for? Seems rather silly if you ask me.

Mr Blue

Sun, Jul 10, 2011 : 3:47 p.m.

There's are several reason why people buy homes in the OWS. Return on investment is one. The homes are well kept and almost everyone who lives there knows the value and wants to protect it. HDC rules have not driven down property values or the willingness of people to want to live there. If anything, historic district rules make it more desirable and valuable. To not know what the score is before you make a huge investment then thumb your noses at the rules and the people who enforce them is not only against the law, but it's anti social behavior that does not belong anywhere.

Ron Granger

Sun, Jul 10, 2011 : 2:12 p.m.

There are three issues here. One is that the fence does not conform to the Historic District requirement. The second is that he did not obtain the permits required to put up a fence (as required in most cities). The third issue is the most serious - he blatantly ignored a lawful Stop Work Order from an Inspector. He should be cited. There is a permit process and if you choose to ignore it, you must pay the consequences if caught. A lot of us have done that. But if you continue to ignore the law once caught - that is quite serious and a citation or misdemeanor is appropriate. I have no doubt the inspector clearly explained the circumstances and the seriousness of the situation. Surely they knew that buying a property in the Historic District would subject them to all sorts of rules and regulations. No doubt those rules are what made that neighborhood attractive to them - that's why their neighbors' homes don't look like garbage. Yet they have apparently decided that not only do the rules not apply to them, but that city inspectors have no authority. It is a complete disregard for the law. If he wants a lawless community where anything goes, there is always Detroit. I don't want that here in Ann Arbor. One wonders what other changes have been made to the property without proper permits and inspections.

Mr Blue

Sun, Jul 10, 2011 : 5:21 p.m.

Because what he does might burn down his neighbors house, like bad wiring causing an electrical fire. Or build a fence on his neighbors property because he didn't get a survey, permit or inspection

Matt Cooper

Sun, Jul 10, 2011 : 4 p.m.

if it's his property, and he legally owns it, what do you care what he does to it?

PLGreen

Sun, Jul 10, 2011 : 2:09 p.m.

A 12 page report can be generated over a fence, and the property Owner be damned for putting up the fence, but Government Officials have no idea how to handle the tresspassers in the &quot;tent city&quot; at Wagner Rd &amp; I-94. Something is wrong here...

xmo

Sun, Jul 10, 2011 : 2:06 p.m.

I am Glad that I do not live in Communist ANN ARBOR! Behind the &quot;GREEN CURTIN&quot; Look at what we lost: 1) Cannot put a fence up on your own property 2) No Smoking on U of M Property and you can turn violators in 3) 3 out of 5 City Council seats have only a one Party Race 4) We do not have a 4th of July Parade because it might make people more patriotic 5) The City makes policy based on &quot;MAN Made&quot; Global Climate Change when it is only a Theory and it costs tax payers more money and hinders growth

Wolf's Bane

Mon, Jul 11, 2011 : 6:22 p.m.

xmo, I find it troubling that you think of yourself as Bill Mahr when in fact you are more of Rush in my opinion. At least be true to your heros? A Bill Mahr you are certainly not!!!

aanative

Sun, Jul 10, 2011 : 5:54 p.m.

Given your wacky and off-topic comments I am also glad you do not live in Ann Arbor.

Mr Blue

Sun, Jul 10, 2011 : 5:19 p.m.

You don't live in Ann Arbor? And I thought it was my bubbly personality when all along it's because you're not here. For the record, in Ann Arbor, you can put up a fence on your property if you follow the same rules as everyone else. I'm not sure where you live, but barbed wire and gun turrets are definitely not allowed here. By State law, UM can make rules governing their property. The city has nothing to do with it. And that party is the DINO party. Ann Arbor does have a parade. It is sponsored by the Jaycee's, certainly not a Communist front organization. You got called out on this on a previous thread (by Dave Cahill) but obviously didn't follow up as usual. Regardless of the cause, burying your head in the sand and blaming Al Gore will not stop the facts of climate change. So I'll thank you now for when the time comes we'll all have to wear clothing made of space blankets to go outside.

Meg

Sun, Jul 10, 2011 : 2:53 p.m.

Gravity's a theory, too, but I don't see a lot of people arguing with it.

a2citizen

Sun, Jul 10, 2011 : 2:49 p.m.

1) If he moved into the Historic District after the rule was passed, then tough. 2) &quot;We&quot; lost? The property is maintained by the UofM. &quot;We&quot; didn't lose. 3) That's the political reality of A2 4) There was a 4th of July Parade 5) Well, A2 is also a 25 square-mile &quot;sanctuary city&quot; for illegal aliens surrounded by reality To paraphrase Garrison Keller, at least we have a lot of fancy restaurants where we can meet to discuss socialism

a2citizen

Sun, Jul 10, 2011 : 2:02 p.m.

If he lived in the historic district before the rules were passed I would agree that he has the right to put up the fence. If he moved in recently then he accepts the rules. Tough.

candygirl

Sun, Jul 10, 2011 : 1:56 p.m.

Jill Thacher, the city's historic preservation coordinator, has FAR to much time on her hands. A 12 page report on a fence?? Really? This is what we pay our city officials to do? I don't get it.... pay a ridiculous amount in property taxes to LIVE in Ann Arbor, but 'we' (the city) will let you know what you can put on your property. And a fence (of all things) shouldn't be there!?? I don't get it.... and it seems most of the other people reading this article don't either!

peg dash fab

Sun, Jul 10, 2011 : 6 p.m.

yeah, community standards and due process are just a way to cloud the real issues.

Matt Cooper

Sun, Jul 10, 2011 : 1:55 p.m.

Funny thing how the city of Ann Arbor is so broke it has to lay off police and fire personnel and yet we have the funds to pay for idiotic things such as investigating a split-rail fence. And all because someone working for the city has nothing better to do than waste time, effort and money on this stupidity. Good going Ann Arbor.

Mr Blue

Sun, Jul 10, 2011 : 1:49 p.m.

Maybe the fence would have been &quot;welcomed&quot; if the owner followed the rules like everyone else.

Urban Sombrero

Sun, Jul 10, 2011 : 11:28 p.m.

&quot;Informed&quot; opinon? Or, &quot;Biased&quot;? I'd say it skews toward the latter.

peg dash fab

Sun, Jul 10, 2011 : 5:57 p.m.

the point is that people who have an informed opinion should not express it. this is annarbor.com, after all.

Mr Blue

Sun, Jul 10, 2011 : 4:27 p.m.

And your point is?

Urban Sombrero

Sun, Jul 10, 2011 : 4:05 p.m.

Ha, Tesla, you beat me to it. I was thinking the same exact thing. This person is likely involved in some way.

Brad

Sun, Jul 10, 2011 : 2:40 p.m.

Yep, either an HDC member or a busybody neighbor. Who else would care that much?

Tesla

Sun, Jul 10, 2011 : 2:05 p.m.

You seem to have a lot invested in this topic, Mr. &quot;Blue&quot; Are you the neighbor who reported these young folks ? I notice all of your posts are to this topic and you just registered today. You're obviously vested and involved in this.

conservative

Sun, Jul 10, 2011 : 1:41 p.m.

What a joke. You would think that with everything else going on in the world things like this wouldn't get so much attention.

Tesla

Sun, Jul 10, 2011 : 1:39 p.m.

The sad thing is that all these comments, mine included will accomplish nothing. These people on these Subdivision Associations and Historical Societies know better than you or I. Just ask them. They will tell you the same thing. I can appreciate the need for some regulations. Like the Milan couple wanting to turn their front yard into a vegetable garden, but this is just ridiculous and rational minds would agree. Countries going to hell and people are worried about wooden fences? LOL

Mermaidswim

Sun, Jul 10, 2011 : 1:37 p.m.

This is an inappropriate fence for this area, and anyone purchasing a house in the OWS is aware they are doing so. When I saw this in the neighborhood I couldn't believe it. For the homeowner to continue to construct in spite of receiving a stop work notice is just their own fault. I look forward to it coming down.

snoopdog

Sun, Jul 10, 2011 : 1:35 p.m.

&quot;Jill Thacher, the city's historic preservation coordinator, released a 12-page report on Friday following a city staff investigation &quot; A 12 page report, ridiculous ! &quot;The problem: Split-rail fences in front yards are incompatible with the historic character of the district, according to city officials.&quot; Incompatible, again ridiculous ! They were not traditionally installed in the Old West Side &quot; And they didn't have paved roads, stop signs , motor vehicles and garages back in the day either. Good Day

Mr Blue

Sun, Jul 10, 2011 : 1:47 p.m.

Ignorance is bliss

John A2

Sun, Jul 10, 2011 : 1:34 p.m.

Chase the butterflies away, only because they don't know any better. Too Bad, Too Sad

Dawn

Sun, Jul 10, 2011 : 1:30 p.m.

These folks are trying to keep their property well maintained. People walk across their property, let their dogs eliminate on it and probably do not clean it up. It used to be that you were required to keep your property looking nice. I am sure that way back when these houses were new someone at some point in the area put up a split rail fence. It looks very nice there. Maybe they should just let their lawn go and plant weeds or invasive species of plants to keep people out! This country used to be land of the FREE. It is their property and unless someone famous actually lived in that house (And it can be proven) They should be allowed to keep their fence. Otherwise I'd trash the place and move out! Sometimes the &quot;historic&quot; part of this world needs to be ignored and &quot;progress&quot; needs to be made. I hope they win to keep their fence!!!

John B.

Sun, Jul 10, 2011 : 9:59 p.m.

You'd 'trash the place and move out?&quot; Sounds like renter that has never owned a home.

Meg

Sun, Jul 10, 2011 : 8:06 p.m.

Again, &quot;historic home&quot; and &quot;historic district&quot; are not the same thing. Whether someone famous lived in their house is irrelevant.

H.

Sun, Jul 10, 2011 : 1:24 p.m.

Yeah, he should have gotten a permit. But, talking about a group of power hungry ego's (Histroic Commission) that loves telling others what they can and cannot do. Like people 100 years ago didn't have split rail fences? Give me a break. These are the kind of people that you love spiting just so can watch them come unglued and have their underwear get tied up in bunch.

peg dash fab

Sun, Jul 10, 2011 : 2:05 p.m.

serving on HDC, unlike writing half-witted notes about twisted underwear, comes under the category of meritorious civic duty.

chubabuba

Sun, Jul 10, 2011 : 1:17 p.m.

Burn it down, burn it down (chanted by mass of neighbors with torches)

Scott

Sun, Jul 10, 2011 : 3:34 p.m.

Also chanted: &quot;All your base are belong to us!&quot; (if you don't get the reference, google it)

Tesla

Sun, Jul 10, 2011 : 1:42 p.m.

The crowd with torches would be a bunch of old ann arbor bitties with those lame straw gardensnob hats.

Mr Blue

Sun, Jul 10, 2011 : 1:16 p.m.

Why such an inflammatory headline? Is it because it will generate more comments and thus page hits? Why not a headline that reads &quot;city officials cite fence in violation of historic district rules&quot;?

Mr Blue

Sun, Jul 10, 2011 : 4:24 p.m.

Thanks! :)

Brad

Sun, Jul 10, 2011 : 2:39 p.m.

You've posted like 15 replies now and are going to talk about &quot;page hits&quot;? That's hilarious.

zip the cat

Sun, Jul 10, 2011 : 1:15 p.m.

Exactly why I left A2 eons ago. You own the property and pay taxes on it,Yet you have to have permission to do anything to improve it. They need to take there &quot;anal rententive personalty disorder and.?

a2citizen

Sun, Jul 10, 2011 : 3:17 p.m.

Yet you still keep in touch. I left Detroit. It's nice living in a place where the rules are followed, and enforcement shows up to confront the scofflaws.

Mr Blue

Sun, Jul 10, 2011 : 1:38 p.m.

Thanks for leaving when you did. I definitely noticed the difference. Things are much nicer now.

Joseph Lewis

Sun, Jul 10, 2011 : 1:11 p.m.

Nobody forced them to own a house in an historic district. Thems the rules. As my mom used to say; &quot;like it or lump it&quot;

Mr Blue

Sun, Jul 10, 2011 : 1:09 p.m.

OWS properties have consistently held their value over other neighborhoods in the city. Most homes sell quickly. The OWS is one the most desirable neighborhoods to live in the city. The HDC rules and OWS property owners who care as much about the neighborhood as they do their own home is why.

average joe

Sun, Jul 10, 2011 : 1:07 p.m.

&quot;Neuman and Breskman also provided photos of other split-rail fences around the west side and noted that city parks in the area have split-rail fencing. Thacher said several of the sites cited by Neuman and Breskman are not in the historic district, though, and the remaining photos show fences installed prior to the adoption of the current historic preservation ordinance in 2007.&quot; So if the &quot;remaining photos&quot; indicate these fences are indeed inside a historic district and were installed before 2007, doesn't that show that these fences were part of the &quot;history&quot; of that district? Or is the &quot;historical district&quot; more of a 'control' thing, &amp; what someone else (city hall)thinks the neighborhood should look like.

eJohn

Sun, Jul 10, 2011 : 4:21 p.m.

There's generally nothing &quot;historical&quot; about a historic district. It's just a bunch of control freaks that get to re-imagine what they think &quot;it might have been like&quot; in &quot;the olden days.&quot; Then they get to force everyone else to comply to their personal tastes about what should and shouldn't be allowed.

alternativeview99

Sun, Jul 10, 2011 : 1:02 p.m.

I appreciate that what I am about to say will be unpopular. But, I am having a most difficult time getting my head around the fact that so much effort is being put into whether or not a fence meets historic district qualifications while my friends and neighbors are still suffering the economic downturn of this &quot;recovery&quot;. We have lost touch. When the starving appear on the doorsteps of the elite, will they say....&quot;Let them eat cake&quot;? I am glad this was reported in the News. I need to understand how my tax dollars are being spent. But, this seems a simple case of someone not applying for the proper permits...however stupid or unreasonable the regulations are. (There are MANY laws in Ann Arbor that we put up with that don't make sense to me. But, they are the law and this is the way Ann Arbor has chosen to do business so I respect it.) But, Ann Arbor is going broke. It has garbage collection issues it needs to solve. There are homeless living under the overpass at Wagner road in a community as a way of life. Bongs &amp; Thongs is coming. And, I suspect crime is on the rise, if not now, it will be after budget cuts set in that remove the numbers of police and firefighters on duty. This is NOT how Ann Arbor was 20 years ago. Whether that is a good or bad thing isn't the issue. The point is that today is different than yesterday. And, I just don't see how this much time spent on fencing is a priority. I am sure it is a priority to the neighborhood. But, when compared to making sure the homeless get their next meal or that more don't join the ranks of the homeless....I just don't get it. I think we need to admit we are fast moving in to a class divide of those who are surviving and those who are not. The trick is not to let those who are surviving see what is happening to those less fortunate. But, what do we do about those of us who didn't receive their rose colored glasses to wear? I still see the suffering.

Craig Lounsbury

Sun, Jul 10, 2011 : 1:19 p.m.

well said. I should get a &quot;....I just don't get it.&quot; tattoo on my forehead because it seems all to often that is where I find myself.

Sparky79

Sun, Jul 10, 2011 : 1 p.m.

While I realize everyone is going to be quick to criticize the City, I will take the opposite approach. I don't live in Ann Arbor any more. Far away. But even where I live, any time you do any major home improvement project, they always tell you to check with your local officials to see if you need a permit and what the ordinances are. I decided last year to start work on a fence in my yard, but I checked with the township to see what was allowed--30 feet off center of the road, could only be four feet high on road facing sides, etc... plus I had to apply for a permit and have it approved. Unfortunately, there are some people in my neighborhood who don't bother doing this (as well as the businesses they hire to install their fences), thus they'll put up six foot fences along the road and it looks horrible, a big wall around their fortress, and we only have one township code official who doesn't have time deal with these issues so they get away with it. You should be glad Ann Arbor cares about their city so much, even the little things. If Mr. Breskman had done his research first, this could have been avoided. Instead it's another &quot;cry me a river&quot; story because he didn't do his due diligence and broke the rules and a neighbor called it in. He is the one to blame here, not the City.

Sparky79

Mon, Jul 11, 2011 : 3:12 p.m.

A small decorative fence that cost $1,200? That doesn't necessarily fall under &quot;minor&quot; home improvement project, either, IMO. Fences come in all shapes and sizes--chain link, split rail, privacy, picket, shadow box, wood, vinyl, aluminum, wrought iron, four foot, six foot, etc, etc... and they're visible to everybody. What if Mr. Breskman decided to spend $1,200 to put up a six foot privacy fence along just the front of his property? Would your tune change? After all, it's not a &quot;major&quot; project. But it would sure look ugly. Hence why there are codes to regulate this stuff. Do your due diligence before you do your project and you won't have these sob stories.

Mr Blue

Sun, Jul 10, 2011 : 1:36 p.m.

Fences can and are easily built on others property when they are not properly surveyed, permitted and constructed. That is why they require oversight.

Craig Lounsbury

Sun, Jul 10, 2011 : 1:09 p.m.

&quot;But even where I live, any time you do any major home improvement project, they always tell you to check with your local officials...&quot; And thats as it should be. But a small decorative fence isn't a major home improvement project.

foobar417

Sun, Jul 10, 2011 : 12:58 p.m.

It's a historic district. Following the standards set by the state. With the rules applied fairly to all homeowners and not just casually ignored at a whim. Anyone who buys in a historic district should know full well the costs and the benefits. Costs are restrictive rules. Benefits are improved property values and a certain neighborhood character. The homeowner in question is not special. But he is benefiting from living in a historic district.

jcj

Sun, Jul 10, 2011 : 12:55 p.m.

&quot;According to Thacher, city staff received a phone call on Friday, June 3, from a neighbor about a fence being built without permits. A city building inspector visited the site that day and found a split-rail fence had been installed along the Fifth Street sidewalk on the corner lot. The building inspector issued a stop work order&quot; All this in one day? Try calling about a neighbors weeds that are 2 foot high and see what kind of response you get!

Meg

Sun, Jul 10, 2011 : 2:50 p.m.

If you can't tell the difference between a native-plant garden and weeds, you don't know very much about gardening.

YpsiLivin

Sun, Jul 10, 2011 : 2:15 p.m.

Personally, I have a hard time telling the difference between a &quot;wildflower garden&quot; and weeds. The visual effect is the same. One man's &quot;naturalizing&quot; is another man's &quot;blight,&quot; I guess, but why the city allows that is beyond me.

Jon Saalberg

Sun, Jul 10, 2011 : 12:55 p.m.

&quot;The problem: Split-rail fences in front yards are incompatible with the historic character of the district, according to city officials. They were not traditionally installed in the Old West Side, Thacher said, and the city won't allow them unless the Ann Arbor Historic District Commission decides otherwise.&quot; It's too bad Mr. Breskman doesn't live where we live, over by Miller and Seventh. I've always referred to our area as &quot;The Affordable West Side&quot;. I think I can now add the title &quot;Rational West Side&quot; to that designation. It's a sad day when a homeowner's desires can be held in check by arbitrary standards set by arbiters of alleged taste. It's a sad day when 12 pages can be written that purport to explain the unexplainable, and reason away the unreasonable.

free

Sun, Jul 10, 2011 : 6:28 p.m.

Decades in this case being since 2007.

Mr Blue

Sun, Jul 10, 2011 : 1:32 p.m.

These are not arbitrary standards, they are part of federal and state regulations that have been in place for decades.

Sabra C Briere

Sun, Jul 10, 2011 : 12:55 p.m.

The City Code requires that &quot;Any person desiring to build or cause to be built a fence upon property within the corporate limits of the City of Ann Arbor shall first apply to the planning and development services unit *for a permit to do so*. Application for such permit shall contain any and all information, including drawings, required and necessary for the determination of whether the erection of such fence would be contrary to the provisions of this chapter or the laws of the State of Michigan. A fee in the amount prescribed in Chapter 100 shall be paid for such permit. Fee for the permit shall be established by resolution of the city council upon the recommendations of the city administrator. &quot; (emphasis added) There's an entire chapter on Fences (Chapter 104). This entire problem could have been avoided if the property owners had followed the law -- and applied for a permit to build a fence. On application for the permit, they -- or the builders -- would have learned about any additional restrictions for their neighborhood. Several neighborhoods have additional restrictions. In newer subdivisions, there are significant restrictions (through the HOA) about the appearance, materials, and location of any fence. In historic districts, there are similar requirements. When you score a house in a historic district, you have to accept that there are limits, just as you have to accept limits when you buy into an area with a Home Owner Association -- including added fees for maintaining common space. It's not about the historic district or the time Jill Thacher spent trying to explain the law. It's about the property owners.

1bit

Mon, Jul 11, 2011 : 3:11 a.m.

Ms. Briere, Thanks for taking the time and effort to come here and try to explain to folks why laws and rules need to be followed (sometimes even if we disagree with them). I think the lesson here is the same as that for the business owners profiled a couple weeks ago, it is important to perform due diligence on any project and ask for the City's guidance prior to initiating the project.

Owen23

Sun, Jul 10, 2011 : 8:15 p.m.

Wow. For the first time in my life, I completely agree with Sabra!

John B.

Sun, Jul 10, 2011 : 7:15 p.m.

Looks like the vote is thirty to zero, so far....

cette

Sun, Jul 10, 2011 : 5:43 p.m.

A split rail fence is not a big deal. Constant trespassing on their property is . It's just too much interference to carryon about this, when as someone pointed out there weren't asphalt roads and stop signs way back when? It's a ridiculous level of intrusion, not just a way to stop developers, but to harrass the neighbors.

Huron74

Sun, Jul 10, 2011 : 12:54 p.m.

Mr Homeowner is gonna &quot;invest&quot; a lot more than $1,200 in court costs, fines, and legal fees if he doesn't take that thing down ASAP. This is the People's Republic of Ann Arbor and you can't fight city hall. Not and win anyhow. Word.

Mr Blue

Sun, Jul 10, 2011 : 5:03 p.m.

I see, Mr Breskman is making them up.

Huron74

Sun, Jul 10, 2011 : 3:51 p.m.

From the story: &quot;He estimates he invested $1,200 into materials and labor.&quot; If PRAA cites him and he tries to defend himself Breskman will hit that threshold just typing letters, copying documents, doing research and showing up for hearings etc. . If he uses anyone but a pro bono attorney he'll hit it sooner. Typically lawyers charge around $150-200 per hour.

Mr Blue

Sun, Jul 10, 2011 : 1:30 p.m.

How are you determining those &quot;costs&quot;. Just making them up?

PersonX

Sun, Jul 10, 2011 : 12:53 p.m.

The vitriol and nastiness of so many of these comments is sad and predictable. This is the wrong way to discuss the notion of a historic district, which is not something unique to Ann Arbor. Such things exist everywhere and the rules, in our case, are set by the state. What we have here is a couple of people who decided to ignore the rules, it is as simple as that. They are hardly victims of anything or anyone, but just one more example of selfish behavior, like running a street light. Just because this is less dangerous behavior does not change the fact that society has rules, and even if many of them are less than logical, we tend to obey them for the common good. The owbers must have known that they needed a permit, and even if they did not, they ignored a cease work order. The aesthetics of their fence of the wisdom of any commission are irrelevant here. Others follow the rules-and there are other city rules governing fences on street corners, such as hight limitations--and so should they. If you do not like the idea of a historic district in general, do not live in one. There are many properties on the market outside the historic districts--the reason these remain pleasant to live in is precisely because of the sometimes pedantic rules that prevent them from being cannibalized into anonymous monstrosities. YOu cannot have it both ways, assuming that rules are good as long as they do not inconvenience you.

John B.

Sun, Jul 10, 2011 : 7:13 p.m.

PX: Well-said. Personally, I doubt that I would ever purchase a home in such a rules-filled district, but no one forced them to buy that house, and ignoring the stop order indicates to me that they likely knew in advance that the fence was non-conforming.

peg dash fab

Sun, Jul 10, 2011 : 1:58 p.m.

yes, seriously! they agreed to &quot;conform&quot; as you say, then turned their backs on the terms to which they agreed. this is a cut-and-dried matter, even if you ignore the contempt they showed for civil process when they tore up the stop-work order.

InsideTheHall

Sun, Jul 10, 2011 : 1:21 p.m.

Hmmmm, selfish behavior because they did not &quot;conform&quot; to some bureaucratic body that decides what is for &quot;the public good&quot;. Seriously???????

clownfish

Sun, Jul 10, 2011 : 12:53 p.m.

While I agree wholeheartedly that this seems crazy, the owners knowingly bought in a historic district. Having done that they agree to abide by crazy rules. There are lots of other places to live and they are free to move there. Might I suggest Brass Creek in Dexter: Cannot have your garage door open more than an alloted amount of time, no vegetable gardens, no clothes lines, no untended toys, planting guidelines, no fixing the car in the driveway etc. All in a private enclave.

John B.

Sun, Jul 10, 2011 : 7:09 p.m.

No wonder Brass Creek always looks so nice! You can fix the car in the garage with the door closed. (Although I do think that a rule defining the amount of time that a garage door can be open is pretty bizarre - not even sure what the reasoning behind it would be).

jrigglem

Sun, Jul 10, 2011 : 2:53 p.m.

I wonder where they suggest you fix the car? Can't be the garage, it is only allowed open for so much time.

joe.blow

Sun, Jul 10, 2011 : 12:51 p.m.

How is this news worthy? Hey, my neighbor has a really ugly fence, why don't you do a story about them! 1927 isn't all that historic, my neighbors 2010 house isn't that much more historic and their fence is really really ugly, please do a story about them. Liberals, you have nothing better to do - like worry about JOBS!

thedime

Sun, Jul 10, 2011 : 11:26 p.m.

peg if you weren't so un-American, you would know that Olevia made televisions in SoCal until their forced bankruptcy during the Holiday season of 2009. It is possible to purchase products made in the US of A. Hats off for buying his products from Fingerle lumber, another fine local material supplier, who creates jobs and opportunities daily. Ypsilanti has the same problem with their hysterical society. I'd fire up my lawnmower at day break on a Sundaymorning

peg dash fab

Sun, Jul 10, 2011 : 5:50 p.m.

joe.blow claims he bought an american-built tv in the last two years: pants on fire!

Scott

Sun, Jul 10, 2011 : 3:30 p.m.

Uh Joe, where in the story did it mention anyone involved was &quot;liberal&quot;? Yes I (as a liberal living paycheck to paycheck trying to hang on a job like everyone else) have nothing better to do but report my neighbors for fence violations. Because that's how we liberals roll, right? Now excuse me, I have to go goose-step all over my neighbor's vegetable garden because it's just not conforming to my liberal commie socialist standards. Yep, breaking the back of America one yard at a time. (Sheesh).

a2citizen

Sun, Jul 10, 2011 : 3:09 p.m.

They cannot do a story unless they know the address. So Joe, what's the address of the eyesore?

Davidian

Sun, Jul 10, 2011 : 2:39 p.m.

It's newsworthy because it's exposing readers to the waste and hysterics of the Ann Arbor city government.

joe.blow

Sun, Jul 10, 2011 : 2 p.m.

I've built a house - employing 30+ various industry jobs during construction. I've purchased an American built T.V. I've bout a new domestic car and I've voted for conservatives. What has the liberal done for jobs? Voted for more Unions who want raises, despite their company going out of business?

clownfish

Sun, Jul 10, 2011 : 12:54 p.m.

Just curious, how many jobs have you created in the last 2 years?

mferg56

Sun, Jul 10, 2011 : 12:49 p.m.

@JoAnn Barrett--You make some good points, but how are potential homebuyers made aware of the restrictions on their potential &quot;historic district&quot; home? Is it by way of a covenant of some sort, that they must legally sign? Also, are the homeowners made aware that the restrictions cover not just the historic home, but outbuildings and structures, such as garages, sheds, fences, etc.? Can a homeowner get a variance of the restriction if he/she gets the approval of the adjacent neighbors? BTW, for what it's worth, I think the split-rail fence will be rustic-looking enough for my tastes, especially with flowers growing on it, like the owners intended. But if they agreed to follow certain rules (just like they would if they were part of a homeowner's association) when they bought the house, then I guess they're out of luck...

Meg

Sun, Jul 10, 2011 : 2:48 p.m.

Homeowners who purchase in historic districts have a responsibility to understand what that means before they buy. It's not really much different from understanding that you live in a neighborhood zoned for single-family housing. &quot;Historic district&quot; is the entire outside appearance of the property. It's not complicated.

outdoor6709

Sun, Jul 10, 2011 : 12:49 p.m.

Welcome to the Nanny State. I am sure chain link fences were used in that area. Which would look better? Maybe this is just an attempt to generate fees for the appeals to historic district.

zags

Sun, Jul 10, 2011 : 12:48 p.m.

I'm quite sure the complaining neighbor was the same one who ran out in her mumu and read me the riot act for mowing my grass at 11:30 am on a Sunday. &quot; I can't believe you would make all that noise this early on a Sunday!&quot; Frost had it right: &quot;Good fences make good neighbors.&quot; But he apparently never owned a house in Ann Arbor's hysterical district.

peg dash fab

Sun, Jul 10, 2011 : 1:54 p.m.

there ought to be a law against muumuus before noon.

Mr Blue

Sun, Jul 10, 2011 : 12:48 p.m.

When a city official posts a stop work order, working in violation of the order, essentially thumbing your nose, is inexcusable. Throw the book at the contractor, fines and a report to the licensing bureau in Lansing.

charles paris

Sun, Jul 10, 2011 : 12:46 p.m.

find something important to worry about people.

a2citizen

Sun, Jul 10, 2011 : 3:04 p.m.

Well, what do you expect us to worry about while we are waiting for the next duck or goose assassination?

Chris

Sun, Jul 10, 2011 : 12:45 p.m.

Seriously? First the garden in Oak Park and then this? Methinks city officials like having ambiguous guidelides to enforce more than they like serving the public. Surely there was something much more productive Ms. Thatcher could have been doing other than filing a 12-page report on a resident's fence.

tommy_t

Sun, Jul 10, 2011 : 12:40 p.m.

Just surrender - you will never win. Just install a standard attractive chain link beauty. We have sign police, lawn police, porch police, sidewalk police and at least a few real crime police left so you can sleep in complete security.....

Mr Blue

Sun, Jul 10, 2011 : 12:49 p.m.

Chain link is not allowed in the front setback in a historic district.

YpsiLivin

Sun, Jul 10, 2011 : 12:38 p.m.

Can anyone say why this house, built in 1927, has any historical value? Who lived there? Who owned it? What happened there? What is it a prime example of? Can anyone on the Committee To Stop Time say what makes THIS 84-year-old house special? Given that there are people in Ann Arbor who remember when this house was built, I'd be hard-pressed to call the house anything except old. If the original owner of the house put up a split-rail fence in 1927, would the HDC have made the owner in 2007 take the fence down? because it wasn't &quot;historical&quot;? My house is 66 years old. Should I be worried?

Eileen Peck

Sun, Jul 10, 2011 : 6:16 p.m.

Peg, Every neighborhood has a history. What secures this area's place in history as being exceptional? It's a simple question, really. &quot;Just because&quot; seems a rather inadequate reason to infringe upon a property owner's rights.

peg dash fab

Sun, Jul 10, 2011 : 5:40 p.m.

eileen, in a word, it is historic.

Eileen Peck

Sun, Jul 10, 2011 : 5:34 p.m.

Oh, I see. Well if you want to preserve the &quot;historic character&quot; of the neighborhood, then it seems to me that you'd have to pull up all of the pavement, because Madison probably wasn't paved in 1927, and if it was, it certainly wouldn't have been paved with asphalt. You'd have to pull up all of the sidewalks too, for the same reason. You could probably put plank down and get away with that, though. As for the street lights, you'll need to pull them out of there. (Sorry. They're not in keeping with the historical character of the neighborhood.) Once that's done, however, you can safely narrow the streets because streets like Madison weren't as wide back then as they are now. Good for bicycling though, which by the way, was a very popular mode of transportation in 1927. You could probably keep the utility poles because they were most likely there in 1927, but you'd have to open up the alleys again. And all of those houses will need to go back to well-and-septic systems. But the good part about that is once the houses are reconverted, you could get rid of the sewers in the historic district because they certainly weren't there in 1927. If you want to go big here, you could even require the homeowners to go back to knob-and-tube wiring, because that's what was in place in 1927. Still, no one has answered the question: &quot;What is so special about this area that it justifies infringement on an owner's property rights as a matter of public policy?&quot;

Terri

Sun, Jul 10, 2011 : 2:45 p.m.

There's a difference between &quot;historic home&quot; and &quot;historic district&quot;. The character of the district is protected in the latter, because the neighborhood as a whole is determined to be worth preserving. Historic homes are very different.

Davidian

Sun, Jul 10, 2011 : 2:37 p.m.

Thank you, my thoughts exactly. Nice house, but nothing special about it....at all.

Mr Blue

Sun, Jul 10, 2011 : 12:53 p.m.

In the OWS, the streetscape is protected, how things look from the street. And no, if there was a split rail fence there when the district was formed, the split rail fence would have been included as part of the streetscape. The real problem is that people do things without asking or finding out what the score is. People should know where they move and what to expect. I have little sympathy for people who prefet to beg forgiveness instead of asking permission first.

Craig Lounsbury

Sun, Jul 10, 2011 : 12:38 p.m.

The irony is that in (circa) 1927 when the house was built nobody in city hall would have cared if the fence was built. But if there was a Hysterical District back then the house would have been a mud and straw hut to conform to 1785 standards.

snapshot

Sun, Jul 10, 2011 : 12:26 p.m.

Here's a few questions I have; Are there disclosure requirements with covenants, conditions, and restrictions provided to perspective homeowners prior to sale of a property? Was the votingcommunity involved in the this policy decision affecting use of enjoyment of private property? This sounds like an &quot;eminent domain&quot; issue of sorts and has a &quot;bad smell&quot; to it. Every time Ann Arbor enacts some sort of &quot;bizzare&quot; code that affect the property owners rights of &quot;enjoyment&quot; there should be &quot;disclosure&quot; requirements to potential home buyers. Without proper disclosures I would think a court would void any requirements imposed with secrecy. I think the homeowner should seek legal advice.

snapshot

Sun, Jul 10, 2011 : 6:24 p.m.

Sorry for asking peg, you an educator?

peg dash fab

Sun, Jul 10, 2011 : 1:52 p.m.

snapshot: yes, and yes. where ya been?

InsideTheHall

Sun, Jul 10, 2011 : 12:26 p.m.

Job security defined: &quot;The installed fence is not an appropriate design for the Old West Side Historic District and does not meet The Secretary of the Interior's standard 9 or guidelines for neighborhood setting,&quot; Thacher concluded in her report. &quot;If the application is denied, a new application may be made to staff or the commission to install a fence in a design that is appropriate for the district.&quot; Expect more double digit page reports from bureacratic machine. &quot;You just can't make this stuff up.&quot; - Barrack Obama (October 2008)

JoAnn Barrett

Sun, Jul 10, 2011 : 12:24 p.m.

Buying in a historic district is a committment to remain true to the neighborhood's history. You give up some freedoms in exchange for the benefit of living there. It is frequently inconvenient, requires discipline of style and materials and is definitely not for everybody. They are very clear about their intent and their standards. They have no choice but to enforce them consistently. They cannot discriminate among homeowners. The result is a neighborhood that is a jewel. It would not survive 10 years without it's collective discipline.

Wolf's Bane

Sun, Jul 10, 2011 : 2:51 p.m.

Well framed. get it, framed.

cette

Sun, Jul 10, 2011 : 2:45 p.m.

Lady, the situation is completely out of control and ludicrous. The fence looks very nice, is very functional, and everyone else is basically what we used to call a budinski. Honestly, people who run down owners of fences need to find something in their lives that gives them more meaning.

peg dash fab

Sun, Jul 10, 2011 : 1:50 p.m.

insidethehall demands to know who makes the historic district commission's decisions! (don't anyone tell him!)

Tesla

Sun, Jul 10, 2011 : 1:32 p.m.

We have assumed control.....We have assumed control.... We Have Assumed Control.......

Mr Blue

Sun, Jul 10, 2011 : 12:45 p.m.

All municipalities follow historic guidelines made at the State level

InsideTheHall

Sun, Jul 10, 2011 : 12:28 p.m.

Who decides what is historic? What a bunch of BS.

SalineSara

Sun, Jul 10, 2011 : 12:20 p.m.

Chairman Hiefje has a wry smile on his face this morning while sipping his Starbucks content that his bureaucratic machine churns on. We need to get the Chairman a train and see if he can make it run on time.

InsideTheHall

Sun, Jul 10, 2011 : 1:14 p.m.

So did Mao!

Huron74

Sun, Jul 10, 2011 : 1:01 p.m.

Whatever. He ran unopposed for a fourth term.

Helen Zylman

Sun, Jul 10, 2011 : 12:15 p.m.

A twelve page report? A building Inspector sent out the same day? A nosy anonymous neighbor? All for a tasteful split-rail fence? I find it amazing that a chain link fence in the back yard is deemed more acceptable than a splitrail fence in the front yard. Surely there must be something a little more important to quibble about!

peg dash fab

Sun, Jul 10, 2011 : 1:45 p.m.

it's pretty clear some people were intimidated by double-digit page numbers in &quot;dick and jane&quot; and never got over it.

Craig Lounsbury

Sun, Jul 10, 2011 : 1:20 p.m.

so the options are 12 pages or a napkin Mr. Blue?

Mr Blue

Sun, Jul 10, 2011 : 1:03 p.m.

The report will be seen by the HDC, City Council and probably Lansing. Professionals write complete, professional reports for anyone seeking the facts will demand. Not one page on a paper napkin.

Brad

Sun, Jul 10, 2011 : 12:05 p.m.

A 12-page report following an investigation -- of a split-rail fence? You are kidding us, right? How much did that cost us? I guess that money must come from the &quot;let's waste some money&quot; bucket.

average joe

Sun, Jul 10, 2011 : 1:12 p.m.

That's about a page &amp; a half from each attorney on the city's payroll.

Craig Lounsbury

Sun, Jul 10, 2011 : 12:33 p.m.

&quot;I guess that money must come from the &quot;let's waste some money&quot; bucket.&quot; sadly the only bucket that's never empty.

5c0++ H4d13y

Sun, Jul 10, 2011 : 12:02 p.m.

Obviously the homeowners had no idea where they buying. Breskman sell off your hysterical district house and go buy one where your cantankerous neighbors don't rule over every aspect of your private property.

Dcam

Mon, Jul 11, 2011 : 5:27 p.m.

And you, Mr. Blue, sound like the perfect Pullman City denizen. Rules, rules, and more rules - Utopia for some.

Mr Blue

Sun, Jul 10, 2011 : 8:26 p.m.

It's just a fence that Mr Breskman thought he could sneak in without getting the necessary permits and then violate a legally issued stop work order.

5c0++ H4d13y

Sun, Jul 10, 2011 : 4:46 p.m.

It's just a fence.

Mr Blue

Sun, Jul 10, 2011 : 4:16 p.m.

From the sounds of it, Mr Breskman might be happier on five acres with a big fence or in Houston where there are no zoning rules.

Karen

Sun, Jul 10, 2011 : 12:01 p.m.

This kind of attitude is one of the reasons we moved to Milan. They are happy to have our tax revenue, and don't presume to tell us how to maintain and decorate our house and garden. Our home taxes in Mildan decreased this year, but we still have garbage collection, leaf collection, police, firefighters, road maintainence and adequate administrative help at Cit y Hall. Actually the best experience is going to City Hall - staffed by helpful people who appear to think that they get paid to serve me (not the other way around).

Mr Blue

Sun, Jul 10, 2011 : 8:25 p.m.

I really hadn't noticed that you left. The flowers bloomed anyway.

Blerg

Sun, Jul 10, 2011 : 3:34 p.m.

It's unfair to pretend that this is an issue specific to Ann Arbor. I've lived in both the city and townships, and there are busy bodies that like to turn in their neighbors no matter where you live. There would have been no problem had someone not called to report the fence, and the issue lies with those among us that like to rat out their neighbors.

WhyCan'tWeBeFriends

Sun, Jul 10, 2011 : 3:26 p.m.

@peg dash fab, because that's what matters in life, a &quot;classy&quot; address over pursuit of happiness, civility, living more simply, and taking some stress out of home ownership

jrigglem

Sun, Jul 10, 2011 : 2:41 p.m.

@ peg dash fab, Because Ann Arbor screams &quot;classy&quot; not &quot;stuck up and prudish&quot;

peg dash fab

Sun, Jul 10, 2011 : 1:37 p.m.

you must be proud to have such a classy address.

dconkey

Sun, Jul 10, 2011 : 11:59 a.m.

How far back does the "Historical Character" go? I am willing to bet that if you back far enough, you will find a similar fence in area. Just another reason why I could not live in A2 And from the picture, it look quite nice.

Mr Blue

Sun, Jul 10, 2011 : 4:14 p.m.

Everyone is always welcome to enrich themselves by reading the rules regarding the historic district.

KJMClark

Sun, Jul 10, 2011 : 12:58 p.m.

That was my thought - a split-rail fence isn't historic? But the problem is that split-rail was common on farms and in the countryside, but maybe not in the city, where picket was probably a lot more common. And that goes a long way toward explaining why people fight new historic districts tooth and nail. It isn't always obvious what was &quot;in character&quot; for the era. If you get it wrong, it's your problem, so you have to ask for permission beforehand. Asking permission isn't something a lot of people like to do. And it does look nice!

smokeblwr

Sun, Jul 10, 2011 : 11:49 a.m.

So we allow BongzNThongz downtown but a homeowner can't install a simple fence? See Ann Arbor, this is why Portland, Madison and Boulder make fun of you!!!

Dcam

Mon, Jul 11, 2011 : 5:22 p.m.

Being a Madisonian by birth and upbringing, I love Ann Arbor for the laughs I get from it's sophomoric, provincial ways and puffed-up self-aggrandizement. I'm also glad I chose to live outside the city.

conservative

Sun, Jul 10, 2011 : 1:43 p.m.

right on! Couldn't agree more. why can't this town get a clue!

tom swift jr.

Sun, Jul 10, 2011 : 11:48 a.m.

Does the phrase &quot;anal retentive personality disorder&quot; fit here, or is it just my imagination? Never purchase a house that is part of a Hysteric.... oops, I mean Historic District, you'll find that many of your neighbors operate as though THEY own your property.

Roadman

Sun, Jul 10, 2011 : 9:58 p.m.

It's just your imagination.

Jeff Punch

Sun, Jul 10, 2011 : 11:12 a.m.

I think the standard was flawed to begin with if it would have allowed a closed type fence with no questions asked but wouldn't allow a more open design like the split rails. Hopefully the HDC will see it that way.

Mr Blue

Sun, Jul 10, 2011 : 1:25 p.m.

Had the owners performed their due diligence, they would have known before building the fence and been able to apply for a variance. But noooooo, it's the city who's always at fault.

Alan Goldsmith

Sun, Jul 10, 2011 : 10:52 a.m.

Oh just send some cop to arrest this couple. Oh RIGHT--we've cut cops because we don't have any money but have the resources to harass these poor home owners with Soviet era language like this: &quot;The installed fence is not an appropriate design for the Old West Side Historic District and does not meet The Secretary of the Interior's standard 9 or guidelines for neighborhood setting,&quot; Thacher concluded in her report. &quot;If the application is denied, a new application may be made to staff or the commission to install a fence in a design that is appropriate for the district.&quot; And an anonymous phone call to government officials to boot.

Huron 74

Mon, Jul 11, 2011 : 11:19 p.m.

Come on, Alan, they build fences like that in Morenci, we don't want those in Ann Arbor!

A2CommonCityFolk

Sun, Jul 10, 2011 : 7:56 p.m.

Yes, I just love the 'anonymous' phone call too. I live on the OWS too, and now on two occasions, anonymous phone calls were made to the city police community standards to report my friend's car and they would send a police person come out and ticket it as a abandon vehicle and if wasn't moved in 48 it would have been towed. luckily we arrived home from vacation in time to notice it, another time it was towed. Now mind you, he has been staying at my house and parking on the street all summer since the end of school. The neighbors know and has seen the car. When I did call and talk to the guy at the office of community standards, he told me it is a 'anonymous' caller. I ask why they would tow a car that has valid plates and VN. He told me it was up to the responding officers discretion. I tried calling Luet. Bush, who is suppose to be in charge, but she did not return my calls. I just want to know why they allow 'anonymous' caller or in this case a bad neighbor to use the department for this their dirty work. In this case anonymous callers should not be allowed specially when it could cost 300 - 400 dollars in towing fees. Something is wrong with the system.

Huron74

Sun, Jul 10, 2011 : 12:58 p.m.

I hope Breskman ignores your sarcasm; Ann Arbor has more than enough cops, code enforcement, and other assorted bureaucrats to settle this issue in its favor.

A2frank

Sun, Jul 10, 2011 : 10:51 a.m.

Good luck Mr. Breskman in obtaining your &quot;certificate of appropriateness&quot;. This city has lost any sense of what is fair and reasonable. Now if they would put the same efort into curbing the crime wave..... BTW: I have lived in the OWS for the past twelve years, and your fence is perhaps one of the least offensive things I've seen.

Mr Blue

Sun, Jul 10, 2011 : 4:12 p.m.

Mr Breskman sounds like he knew exactly what he was doing and is daring the city to enforce it's laws.