Protecting private property

By Danielle Seckler

   An appeal was heard at the Big Bear Lake Planning Commission, which concerns the protection of private property. Roy Brownie, a partner with Pleasure Point Marina, purchased the property next to The Block on Cienega Road for the storage of boat trailers from the marina during the summer, but no boats. After the property was purchased, they started the process to get a Conditional Use Permit (CUP).

   The problem to the new owners of the two vacant lots was that The Block’s customers were using the lots to party in and to use it for a race track for ATVs. For this reason, Brownie asked if they could build a fence around the property. In February, Brownie received a denial for permission to build a fence, as it would be considered an ‘accessory’ structure, until the primary use of the property was determined. In the letter from the City, it stated “fencing of the property with a solid six-foot high fence is not permitted.” George Jorritsma, another partner in the marina, was being told by their insurance agent that it must be fenced for liability reasons. Reading the City’s denial letter about a ‘solid’ fence, Jorritsma had the property enclosed with a chain link fence, with fabric woven in the chain link so that one could see through it. In April, the code enforcement of the City sent a letter that the fence had to be removed within 15 days and all other work on the fence to stop.

   Sister Susan Laske of the Sacred Hearts, next to the marina’s property, gave public comments to the commissioners. She stated that she was in favor of keeping the fence, due to the constant trash, beer bottles, and the late night parties. The sister believes that the fenced two lots give a buffer between her and The Block’s customers. As far as the fabric woven into the chain link, the sister informed the commissioners that it was a good way to see if anyone had jumped the fence. Phil Mosley, head of the City’s code enforcement, was asked if there were any complaints about The Block or the fence. Mosley had to admit that no one was complaining about the fence, however they had received numerous complaints about The Block and that his staff was working with The Block’s manager about the problems.

   All three commissioners, David Caretto, Rick Hackney, and Tim Brigham, were very concerned with the protection of private property and were understanding to the marina’s owners. They had some concern with the possible barb wire fittings on top of the current fence, however they were relieved to find out that the property owners never had any intention of putting anything like that up. Caretto made the motion to allow the chain link fence to stay for a maximum of one year, while the CUP could be completed and to make sure that the fence does not interfere with any drainage on the property.

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