Published Tuesday, April 27, 1999 But since the Farrell Zoning Ordinance doesn't explicitly address that use, the city is asking her to hold off until an official determination can be made.
Ms. Evans and her husband, Jack, own a house at 1109 Fruit Ave., and vacant property across the street at 1108. Their daughter lives at 1109 and since there isn't any room to put up a swing set on 1109, they want to put it up at 1108.
The couple's contractor laid a concrete pad and started putting up a fence when neighbor complaints reached the ears of code enforcement officer Mark Yerskey.
Mrs. Evans said Monday she has heard neighbors complain that the play area will attract the same kinds of problems that the Emerson Avenue Playground does: loitering, drug deals, drinking and gambling. Mrs. Evans said the play area will be for the use of her grandchildren only and would not be open to the public.
Yerskey said he wanted to examine the zoning ordinance to make sure the Evanses' idea conforms with city law, and asked the couple to supply a written proposal. They never submitted it but work continued. Yerskey issued a stop-work order Sunday.
Yerskey said there are two matters to consider: the fence and the use of the property. The zoning ordinance limits fence height to 3 feet along the front of a property. The Evanses want to put up a 6-foot fence, arguing that a 3-foot fence wouldn't keep anybody out. The second matter is whether the zoning ordinance allows playground equipment on a piece of land that does not have a building on it. Yerskey said the Evanses should request a variance.
"It's an interpretation the zoning board needs to make," he said. Evans protested the stop-work order saying he has lumber and other materials at the site and to let it sit there opens it up to theft. Yerskey said Evans should move the material or secure it. He said if the Evanses continue working they run the risk of having to rip out everything should zoners deny their request for a variance.
