Couple appeals zoning decision regarding height of their fence
MINERAL RIDGE -- Tim and Cheryl Luman have filed an appeal in Trumbull County Commons Pleas Court on a zoning decision made by Weathersfield Township.
The zoning board of appeals on Dec. 15, 2005, revoked a permit issued June 2003 for them to have a fence around their 1688 Rosalyn Circle property. David Pugh, township administrator, had asked that the decision be overturned.
The Lumans filed an appeal Jan. 13, but the case has not been heard yet and no hearing date has been set. The case is assigned to Judge John Stuard.
In question is the height of a fence going down the two sides of the residential property.
The couple constructed a fence 6 feet high along the side of their property. But they have not reduced the height of their fence on one side to the required 3 feet and replaced it with shrubbery.
Sherri Craver, township zoning inspector, said township zoning law on fences requires that anything past the front setback of a home can only be three feet high. The Lumans are in violation of the law on only one side of their house.
The issue has caused the Lumans to unsuccessfully seek a variance from the zoning board in the past.
After the December zoning board meeting, the township moved to sue the couple in Niles Municipal Court, a matter now on hold because of the couple' s appeal.