Forgiveness on greenbelt encroachment not forthcoming

A Peachtree City man tried last week to convince the City Council to allow him to keep a privacy fence he accidentally built in a city greenbelt between his home and a golf cart path.

But judging by Council’s reaction, John Pero’s only real choice is to remove the fence or relocate it on his property.

The fence encroaches into the greenbelt by several feet at John Pero’s home at 113 Sweetwater Oaks, according to a presentation by city staff at last week’s council meeting. The city has a history of protecting its greenbelts however, having made one resident remove a playground that encroached into the greenbelt into the backyard, noted Councilwoman Judi-ann Rutherford. Others have had to remove their fences from city greenbelts, she added.

Pero said he wants to keep the fence for security reasons after having several incidents at his home. He explained that he has had his golf cart stolen and, on one occasion, he and his wife came home to find a 65-pound dead snapping turtle in the backseat of her convertible when it was parked in the driveway.

Several council members suggested Pero move the fence to his property line, but he said that would require taking down the trees in the area that also provide privacy.

Pero suggested that he would donate the fence to the city, and he jokingly counting out bills, saying he would even pay the city to take the fence so it could remain in place. He also suggested he could swap the city an equal amount of property from his backyard to make up the difference.

Council members said they worried about setting a precedent that could damage the framework and intent of the city-owned greenbelt areas. Such precedent could be exploited by residents living along Lake Peachtree and Lake Kedron who could seek land swaps to get access to the water, said City Manager Bernie McMullen.

Councilman Stuart Kourajian asked what was wrong with allowing Pero to purchase the property, noting that the city recently told a company to try and buy a tiny piece of an adjacent property to remedy a setback violation. Rutherford replied that case was different because it didn’t involve city-owned property such as the greenbelt.

The ball was left in Pero’s court as to how he wanted to proceed, but Council took no action and indicated no interest in selling him or swapping him land for the area encompassing the fence. City Attorney Ted Meeker noted that the city’s Water and Sewer Authority, which owns sewer easements in the area, would also have a say in any potential land transaction.

The fence and accompanying lighting cost about $6,500, Pero indicated.