Friday, February 15, 2002
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Friday, February 15, 2002 |
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Backyard' playground encroaching on PTC greenbelt must be removed By JOHN
MUNFORD It may be just a children's backyard playground, but to the Peachtree City Council it was part of a significant problem. Because William Rye's playground extended into the city owned greenbelt by approximately eight feet, it more than ruffled a few feathers. The greenbelts, of course, are part of what makes Peachtree City look so nice, and the City Council wants to make it clear they should not be disturbed under any circumstances. So council has ordered Rye to remove the playground and part of a brick retaining wall that surrounds it at the rear of his home in the St. Andrews Square subdivision. Rye will be allowed to leave most of the wall there because the majority of it only extends two feet into the greenbelt ... and having it removed could cause more damage to the greenbelt. If Rye had his property surveyed before the playground was built, he would have known about the encroachment, according to Jim Williams, the city's director of developmental services. Rye had sought an easement for the playground and retaining wall, but Williams argued that encroachment into the greenbelt was too significant for the city to ignore. "I believe it was truly an accident that it got into that area," Williams said. Rye is unable to move the playground into his backyard because of other impediments there, he said. He did not have a survey performed on his property when he purchased it because he bought it outright. Rye is also required to add landscaping to the greenbelt since he used it as an access point to construct the wall and playground. The landscape plan must be performed by a professional landscape architect and approved by the city. The Ryes must also give the city a letter of indemnity saying they won't sue the city if one of their children or any guest is injured by the remainder of the wall that can remain, which is technically on city property. Rye told council that he had permission from a city official and presented the permit to council. But Williams said the only way citizens can get permission to go into a greenbelt area is through council. Citizens complained about the state of the greenbelt, which is what led city officials to investigate the situation, Williams noted. The retaining wall was under four feet, so technically no permit was needed from the city for construction. But building official Tom Carty pointed out that it is always helpful to ask assistance from building officials before building the playground.
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