Fence rule keeps beagle on the leash

All Kevin Boaman wants to do is install a 42-inch-high picket fence in back of his home for his beagle, Sierra, — and perhaps some day, children — to run and play in the yard.

But he and his wife, Kylee, own a home on a corner lot at the intersection of North George Street and Longview Road in Manchester Township. 

Their backyard borders Longview Road, and under the township's ordinance, any yard with street frontage is considered to be a front yard, said Stewart S. Olewiler III, zoning and planning officer for the township. That limits any fence to 36 inches.

That's not high enough to keep Sierra in, Kevin Boaman worries. When she picks up a scent, she goes.

He could apply for a special exception to the regulation, but that would cost him $600 — regardless of whether the township's zoning hearing board approves it or denies it.

And Boaman said he's heard it could take months for supervisors to amend the ordinance — if the board is even interested in doing so. He was hoping to have his new fence installed for the summer.

Boaman said it doesn't seem right. "It just seems totally crazy for a fence."

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These types of complaints are common with corner properties, officials say. Many municipalities have ordinances similar to Manchester Township. And it isn't just limited to fences. Restrictions also can include sheds, pools and patios.

Visibility is one concern, said Felicia Dell, director of the York County Planning Commission. Officials want to make sure drivers have an unobstructed view at an intersection.

That's the reason the ordinance in Manchester Township was created, Olewiler said. It has been enforced since at least 1996.

Ed Shapiro, owner of Prizm Vinyl Corp., the Spring Garden Township company where Boaman wants to buy his fence, said he can understand safety. But Boaman's "backyard" is on a hill about 15 feet above the road.

Other customers have run into similar problems with these types of ordinances, he said, adding "It costs me business."

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In general, other considerations come into play, too, such as aesthetics and keeping up the value of the neighborhood, said Elam Herr, assistant executive director with the Pennsylvania State Association of Township Supervisors.

Ordinances are expected to be written reasonably and fair, Herr said. They cannot cover the myriad of exceptions that might exist. That's why the ordinance lays out the process for seeking relief.

The fee for a special exception is to help pay for costs associated with the request, including advertising, said Mike Shaffer, a senior planner with the York County Planning Commission.

Taxpayers are not expected to bear most of the cost for the special exception, Herr said. And the municipalities cannot just notify neighbors before rendering a decision. Someone who lives a couple of blocks away could want to hear more about it.

"It's one of the means of being transparent," Herr said.

Meanwhile, the curious beagle sniffs around the yard while at the end of a leash. Her owner doesn't like the idea of tying her outside, and he worries an electric fence wouldn't stop her.

"To me, this is my backyard," Boaman said while outside with Sierra. "To me, it just doesn't seem to make sense."