The fence was erected near Country Lane, on the Northeast Side of San Antonio in the Oak Park - Northwood neighborhood
Zachary-Taylor Wright/MySA
Posted on 06/13/2024 7:06:10 PM PDT by Responsibility2nd
City officials threatened to cut utilities to home ahead of Fiesta party.
For months, an arguably 8-foot to 11-foot fence centered in the Oak Park-Northwood neighborhood on the Northeast Side of San Antonio has been embroiled in community controversy. Now, when city staffers sought to shut off water and utilities just before the homeowner at the root of the drama was set to throw a Fiesta party, the city and homeowner sued each other. Each say the other is being unreasonable.
The Oak Park-Northwood neighborhood is in a tizzy after the relatively new owner of a property on Country Lane erected a tall, stone privacy fence around their home. City ordinance limits front fences in the neighborhood to 3 feet and side and back fences to 6 feet. However, city staffers say the fence climbs to 8 feet in the front and up to 11 feet in areas along the side and back.
When city staffers caught wind of the fence, they inspected it sometime in early March and issued a stop work order. Well, the homeowner, registered as Moonstar Adventures LLC, kept up the work anyway, says the city. So, city officials began issuing citations nearly every day, totaling upwards of 30 tickets that range in price from $500 to $1,000 says Moonstar Adventure’s attorney R. Javier Guerra.
Eventually, sometime in April, city staff had enough and threatened to cut off utilities to the home. In court documents obtained by MySA, the city cites public safety concern since the fence didn’t have an engineer’s letter addressing design and construction of the fence, bracing mechanics, foundation type, and more. This threat to cut power posed two problems for the property owner: They had plans to have a big Fiesta party just days after the notice, and one of the property owner’s daughters recently had cranial surgery, according to court documents.
“One of the residents at … Moonstar is involved in Fiesta and has planned a large party in the Courtyard of the Home on April 26, 2024,” Guerra’s countersuit against the city reads. “As mentioned previously, another resident underwent cranial surgery and is on post-surgery bed rest as well as suffering from anxiety and fear related to the diagnosis, prognosis and possible requirement of additional surgical intervention. Despite all of this and there being absolutely NO THREAT to any of the citizens of San Antonio, The City wants to cut all utilities to force the residents to leave the home.”
The city says the fence presented a danger to the hundred or so attendees slated to arrive at the Fiesta party, citing the lack of engineer’s letter.
Both the property owner and city staff are sticking to their guns. The city is suing Moonstar Adventures LLC to have the fence cut down to come into code compliance, and the property owner is seeking between $100,000 and $250,000 in damages. Further, Moonstar Adventures argues the definition of their wall as a “fence” should be reconsidered by the court.
The property owner in question sought a variance from the San Antonio Zoning Board of Adjustments earlier this month, notably after erecting their towering “fortress” wall in violation of their permit, but the board opted not to approve the variance. So, pending a judgement, Moonstar Adventures may have to cut down their fence upwards of 5 to 6 feet.
It’s not just the civil actions that lend to the drama surrounding the fence. The local community has been up in arms over the fence, saying it ruins the “atmosphere” of the neighborhood and comparing it to a prison fence. Among the vocal opponents to the fence is Jeff Wentworth, a well-known attorney, justice of the peace, and former Texas senator.
“What was formerly for decades a normal residence on a quiet, tree-lined street in Northwood has been converted to a military-style Mexican drug cartel compound-looking installation. Or a state prison,” Wentworth and his wife, Karleen, wrote in a public letter. “Or an industrial commercial operation of some kind. With a very high masonry wall that completely surrounds the entire property off Country Lane. Not a normal residence that naturally fits in the neighborhood. Completely alters the essential character of Country Lane and Northwood.”
Wentworth lives across the street from the property owner – a single mother who lives with two daughters. Guerra says his client has been repeatedly harassed by neighbors, noting one neighbor continuously sat in their front lawn and snapped photos of the fence and front of the homeowner’s property.
Neighbors argue the fence violates city ordinance, alters the atmosphere of the neighborhood where crime is uncommon, and expressed upset that the property owner moved on the construction both without permission and well after city officials told her to cease work. Guerra, however, says this is a matter of safety, and he says the whole ordeal has caused much stress for the mother of two.
“I will tell you that this has been very stressful for her,” Guerra told MySA. “They’re good people. I mean these aren’t like bad people from out of town… They’ve lived here forever… So, yes, this has been very stressful because nobody wants to have to hire a lawyer. All she wanted to do was put a fence around her property and make it safe and feel safer.”
The fence was erected near Country Lane, on the Northeast Side of San Antonio in the Oak Park - Northwood neighborhood
Zachary-Taylor Wright/MySA
Overreach by the City? Or justified actions taken against stupid property owner?
As we head towards the South African model, fences similar to what you see around that house will soon be REQUIRED at all houses, plus barbed wire, and electrification. The house that don’t do this will be the targets of brutal home invasions, and worse.
(but I know, Trump is just so BRASH that even a future as above, which is the Democrat future, is preferable to having to deal with his Tweets)
Go see the gated communities/properties of the government officials and publish pictures of those layouts.
Looking up and down the street (via Google maps) that the side street comes off of, it looks like there are as many fences that violate the law as comply with it as far as front height goes. Many of the non-complying fences are iron, and all are more pleasing than this. I disagree with the politician. this looks worse than a Texas prison.
From the name on the property, I do wonder if this is a swinger’s club - “Moonstar Adventure” - and thus the need for privacy for the planned party.
What, no broken glass pieces mortared to the top of the wall? Where’s the barbed wire? Not surprised for San Antonio but not quite 3rd world yet.
Masonry walls (this is not a fence but a masonry wall) need to be designed and engineered. Texas soil in some areas is an unforgiving clay that can heave and crack over a single summer. If that wall does not have proper footings, it can collapse due to erosion. I work in property management and see it all the time.
Aside from ruining the esthetic, which can have a negative impact on property values, there are other things to consider:
Does it impact the line of site? NTSA studies confirm that most auto-related child fatalities occur when kids are going to and from school. The reason front yard fences are limited to 3 feet is to increase the field of conspicuity, making it easier to see a child coming down their driveway or chasing a ball into the street.
Backyard fences are typically limited to 6 feet to make it easier for a family to escape the back yard in the event of a fire where a front exit is impossible. You don’t want to be trapped between a raging house fire and an unclimbable smooth-surface masonry wall.
If they did not get it permitted and shrugged their shoulders at the law, what other corners did they cut in the construction?
People who value property rights and eschew permits and inspectors should not be surprised when things go wrong. I had hoped that the Surfside Condominium collapse in Florida would have been enough for people to recognize that some oversight is occasionally necessary and that building standards exist for a reason.
Finally, this owner is just a jerk who thinks the law doesn’t apply to him. I don’t know about anyone else, but I’ve had enough of people like that in all areas of my life.
All of those have set back requirements and typically surround the entire community, not just one house.
Inside the gates, the lawns are usually wide open.
you put the bottles on whole, then break them off after the mortar dries and sets.
Yep.
This style of 12' concrete wall is pretty commonly found around the single family homes for the wealthy in Third World countries.
Also common in many Middle East countries but less to do with crime and more for the privacy of the female residents so they can ditch their burkas as soon as they walk through the gates.
AI can help you write news articles.
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Many residential areas of W Texas have brick or cinder block fences due to high winds, sand storms and blizzards. Six to eight foot of these type of fences are common.
CHIraq, coming to your ‘hood soon.
If BiXiden won’t keep them out, it’s eventually going to be up to you.
Time to get a head start.
line of site?
“I don’t know about anyone else, but I’ve had enough of people like that in all areas of my life.
“
You need to move out of your 15 min. city and go to some place with a two orders of magnitude less density.
Our neighbor has twelve foot fences and no one cares.
Excellent point.
This is not a fence, but a wall. The comparison to a prison wall is very apt.
My apologies. It should be line of sight: the city does not want anything that impairs a distance view down the street or impedes a driver’s ability to see pedestrians and vice versa.
I thought walls didn’t work……
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