Fencing with bureaucrats

One of the challenges we have found in our otherwise quiet life in the City of Danville has been to navigate the complicated footwork of the rules of the Historic District and the City itself.  People who simply live and work and mind their own business have no worries, but as soon as you start to make any changes to your environment, that’s when the battles can begin.

My most memorable battle began when we tried to pull a permit for the construction of a knee wall and fence around our property (See here for my Blog post on the story of that fence) and ran afoul of the regulations.

We were first told that we had to bring the proposal before the City’s Commission for Architectural Review (CAR) — a board of volunteers overseeing the design guidelines for the Historic District.  As I was quite familiar with that board, it surprised me that a fence was a consideration, as I had thought that they only regulated the appearance of the homes themselves.  As I considered a fence to be a garden element, I also began to ponder if there was the necessity of approaching them every time I wanted to plant a tree or build a garden path.  No matter, I understood what they would need to feel comfortable with this new addition, and I filed the appropriate papers in order to appear before them at their next scheduled monthly meeting. 

Finally the day arrived.  I presented my proposal with rendered photographs, drawings, measurements and elevations.  The old photographs I was able to dig up proved that there had once been a fence around the perimeter of that yard, and the guidelines allow homeowners to replace missing or degraded materials.  As predicted, the CAR was enthusiastically in favor of the new wall and fence, and the approval was given.  It was pointed out, however, that the fence exceeded the height regulations, so it could not actually be built unless the Board of Zoning Appeals (BZA) granted an exception.

Frustrated, I trudged down the marble hallway to the appropriate department to file the appropriate papers to appear before the BZA to get my exception.  As I was unfamiliar with this particular Board, I chatted up the receptionist to find out how best to approach the problem.  She patiently explained what type of information would be most useful to present, but cautioned me that the BZA very rarely granted exceptions, so unless there were some special circumstances, I was not likely to be successful.

Demoralized and angry, I headed back to the house to share this bad news with my husband.  To date we had already invested a significant amount of money in purchasing the fence, transporting it all to be sandblasted and repaired, painted with an automotive-quality paint, and transported again down to Danville.  In addition, we had already drawn up the designs for the knee wall, purchased all of the antique bricks from a salvage operation and all of the necessary lime putty was sitting under our porch in large 50-gallon barrels.  We had already ordered and put a deposit down for the 4″ granite capstones that would sit on top of the bricks and the columns. In addition, we had the most amazing fence we had ever seen, one that the Metropolitan Museum of Art in New York had wanted for their own installation in the American Wing. 

The thought that it wasn’t going to be built made me angy, and anyone who knows me understands that it takes a lot to get me angry, and when I do, it’s just best to get out of the way.  I started by doing my research, finding old photos of our house and other houses with fences along the front of the property.  I used existing objects to help estimate the height of these long-lost fences.  I then trudged up and down Main Street measuring fence after fence after fence.  Two blocks up from our house, a single measurement gave me what I needed.  A quick look online at the City’s records confirmed my findings.  As I returned to the house to write up my proposal, I felt the anger ebb out of me, replaced by an eager excitement.  I couldn’t wait for my hearing with the BZA.

The day finally came, and I stood before the BZA to discuss the height of my fence.  I was first told that unless I had some extenuating circumstances, the fence would not be allowed to be built.  I then proceeded to lay out the history of the fence, the desire of the MET to have it as part of their re-working of the American Wing, and the financial investment already made by us in anticipation of its installation.  I was informed that our financial loss was not their problem, and not a reason to grant an exception, nor was the historical perspective.  I then presented the fences that once graced the Main Street mansions, which would have been in violation of their rule, but was informed that any existing fences were grandfathered, but once pulled down, could not be put back up again because of the rules.

I asked what the penalty would be if we built the fence anyway, without the BZA approval, and in violation of the height rule.  They informed me that we would be forced to remove the fence, even if the installation had been completed.  I contritely expressed my understanding of their position, then informed them that there was another new fence on Main Street in clear violation of the rule.  The Board discussed the matter and agreed that they would look into it and inform the homeowner of their violation.  I agreed that it was only fair, and pulled out a photo of the offending fence, with my measuring tape in place for all to see in the photograph.

As they handed the photo around the table in silence, it made its way back to me and I placed it back into my folder.  I then waited patiently for the vote, which was in my favor; I was granted the exception and couldn’t wait to let Tom know that the fence was a GO!  As I drove up the street, I admired all of the beautiful homes around me.  I took a long look at the City’s Museum of Art and History, formerly the Sutherlin Mansion and also known as the Last Capitol of the Confederacy — one of Danville’s most important historical sites.  It sits just two blocks up from our house, and is surrounded by a brand-new fence, recently constructed with much fanfare about the historical accuracy and how it was built to exacting standards that required quite a bit of money to achieve.  The beauty of that fence, for me, lies in the fact that the City never bothered to file for an exception from the BZA, as it clearly exceeds the height rule.

Touche!