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Fencing business causes neighborhood controversy
By Karen Walters
kwalters@pantagraph.com
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PONTIAC - Some residents on the edge of Pontiac say allowing a fencing business in a residential area has caused problems in their neighborhood.

Now county officials will have to revisit the decision that permitted the business in the first place.

The Livingston County Zoning Board of Appeals decided a year ago to let Chuck and Kristi Ifft operate their fencing business from a 42-by-56-foot garage on their property at 1220 Tuesburg Court. The fight over that business and the garage has pitted neighbor against neighbor in a series of battles before government boards and in the courtroom.

"It's been 18 months of hell," Kristi Ifft said. "This has just torn our neighborhood apart.

"We did what we were supposed to do (going to the zoning board)," she said. "Our neighborhood is in shambles over this entire situation."

Area resident Jane Cushing stood up for other neighbors who opposed the Iffts' business and led the legal battle to remove the business.

"This was such a quaint neighborhood," she said. "Now, it's full of loud noises. This is a residential area and we shouldn't have to put up with him and his businesses."

Chuck and Kristi Ifft moved to the corner of Tuesburg Court and Kempt Street in 1998. They had already been operating Ifft Quality Fencing for a few years, and continued to do so from their new property.

For seven years, no one complained about their property, the Iffts say, but that all changed last summer.

"Everyone in town knows we have a fencing business and where we live," Chuck Ifft said. "No one ever said anything, until one person got a wild hare."

In June 2005, the Iffts received a letter from Livingston County Zoning Administrator Chuck Schopp that said he had received complaints about the Iffts having a contractor's storage yard on the property.

The complainant was Cushing.

"It started with the fencing strewn across their property," Cushing said. "We didn't want to look at that anymore.

"The business has expanded and the neighborhood, property and road are not big enough for it all," Cushing said. "We are just trying to get our neighborhood back."

Chuck Ifft said the business has not expanded, but after receiving a second letter from Schopp that August, he decided to build a garage to store the materials.

Cushing then filed an appeal against the building permit.

The Zoning Board of Appeals met in November 2005 and took testimony from several residents, including some who shared Cushing's opinion.

Despite the neighbors' objections, the board determined the Iffts could have the building and use it for storage of fencing materials.

The Iffts constructed the building. They said they believed it would be OK to continue doing business in the area as long as they kept the fencing materials inside.

Cushing filed a lawsuit against Schopp, the zoning board and the Iffts, asking for the building to be removed and the board's decision be nullified.

She said the zoning ordinance clearly states a commercial or business use is not allowed in a residential area.

It took almost a year to reach a conclusion in the lawsuit. All of the parties have agreed to have the Zoning Board of Appeals decide again on whether the Iffts can have a permit for the garage.

"We'll do a do-over now. ? They'll go back and start over," said attorney Tom Blakeman, who is representing the county agencies involved in the lawsuit.

"The issue (before the zoning board) was a garage," Blakeman said. "The (Cushing) appeal was based on if the building permit was properly issued. The (zoning board's) decision went beyond that. ? The board exceeded its authority."

A date for the new Zoning Board of Appeals meeting has not been set, but Blakeman said it could happen in December.

The Iffts say the last 18 months have been "complete hell," and they now wish they would have done something different when they received the first letter from Schopp.

"We were led to believe that building was OK and the zoning board said the business was OK," Chuck Ifft said. "They said we could do it, so we figured it was OK."

Regardless of the final outcome, the wounds of the neighborhood may be hard to heal.

Livingston County sheriff's police have been called to the area more than 26 times for various complaints since May. Leaders of Pontiac Township also have had to ban all parking on Kempt Street.

Kristi Ifft said her family used to have a good relationship with most of their neighbors, and she fears that will forever be changed.

The Iffts also filed a lawsuit against Cushing last year, asking a judge for a restraining order. They claim in court documents that Cushing exhibited "harassing and belligerent" behavior, including trespassing on their property, verbally harassing the family and taking pictures.

A judge ruled that there was not enough evidence to support a restraining order, but said Cushing was "somewhat obsessive" about driving by and photographing the family.

Cushing said she believes the Ifft lawsuit against her is just an intimidation tactic to force her to withdraw her own lawsuit over the building and business.

Cushing recently sold her home of 20 years on Indiana Avenue, which is southeast of the Iffts' home, and moved into a rented house right across the street from the Iffts.

"At first, we hoped it (the Ifft business) would expand so much that he would do the right thing and buy commercial property and move his business there, or that it would go belly up," Cushing said. "I'm just trying to protect the neighborhood and our property values."

Chuck Ifft said he is waiting for the new decision from the Zoning Board of Appeals, but he is looking into moving the business to a commercial area.

He said he would like Livingston County to consider covering some of the cost he has incurred for the building, which he may not be able to continue to use.

"(Cushing) is completely right about what the ordinance says," he said. "But we trusted the zoning board and did what they said we could do. We just want the situation resolved."



Timeline



1998: Chuck and Kristi Ifft move their family and fencing business to Kempt Street and Tuesburg Court.

June 16, 2005: Chuck Schopp, the county’s zoning administrator, sends the Iffts a letter, telling them a complaint has been made about them running a business in a residential area.

Aug. 22, 2005: Schopp sends the Iffts a second letter.

Sept. 14, 2005: Kristi Ifft applies for a permit to build a garage on their property.

Oct. 4, 2005: Jane Cushing files an objection to the Iffts’ plan to build a gara.ge.

Nov. 2, 2005: Livingston County Zoning Board of Appeals votes to allow the Iffts to build the garage and to operate their fencing business from the building.

Nov. 30, 2005: Iffts file a lawsuit for an injunction and restraining order against Cushing.

December 15, 2005: Neighbor Jane Cushing files a lawsuit against Schopp, the Zoning Board of Appeals and the Iffts for allowing the building and business use of property.

Jan. 9, 2006: The Pontiac Township board decides to ban parking on Kempt Street.

May 1, 2006: The Livingston County sheriff’s police start receiving calls to respond to various problems in the Kempt Street-Tuesburg Court area.

June 12, 2006: The sheriff’s department writes the first ticket for illegal parking on Kempt Street.

Sept. 1, 2006: County attorney Tom Blakeman, who represented Schopp and the Zoning Board of Appeals in the lawsuit, said the board “exceeded the scope of its authority” and should revisit the decision.

Oct. 24, 2006: A judge rejects the Iffts’ request for a restraining order against Cushing, saying there isn’t enough evidence to show she was harassing the Iffts, but he called Cushing’s behavior “somewhat obsessive.”

SOURCES: Livingston County court records; Chuck and Kristi Ifft; Jane Cushing; Chuck Raube

Compiled by Karen Walters

Take a look
Jane Cushing stood at the intersection of Tuesburg Court and Kempt Street just outside Pontiac city limits Cushing lives in the home at left, her nerighbors live at right and operate Ifft Quality Fencing from their property. Cushing filed a lawsuit against the county, claiming the business should not be operating in a residential area. Photos on 11-14-2006 Pantagraph/STEVE SMEDLEY
Jane Cushing stood inTuesburg Court just outside Pontiac city limits. No Parking Signs have been placed on both sides of the street, keeping homeowners from parking in front of their property. Photos on 11-14-2006 Pantagraph/STEVE SMEDLEY
A building built by Ifft Quality Fencing along Tuesburg Court in Pontiac. Photos on 11-14-2006 Pantagraph/STEVE SMEDLEY
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Reader comments on this story - 23 total

Note: All views and opinions expressed in reader comments are solely those of the individual submitting the comment, and not those of the Pantagraph or its staff.

Go Jane! wrote on Dec 2, 2006 6:08 PM:

" How can you even compare an interior decorating business to a construction business? How would you like to live right next door to a construction business with semis that are delivering fencing? Bottom line is that the County is to blame. Had they handled this right, there never would have been a problem. Schopp, ZBA and Blakeman should have said, sorry Iffts, you are in a residential area, you need to buy commercial/industrial property for your business. Then the neighbors could have lived in peace. Isn't that the whole purpose of having zoning rules?! Jane, thank you for taking on the good ole boys. Hopefully the Iffts will do the right thing and move the building AND the business out of the neighborhood. "

I'm a business owner too wrote on Nov 21, 2006 1:37 PM:

" I run an insulation business out of my home and actually insulated 3 times for Chuck. I was back insulating there the day after the article came out and before I even parked the truck jane was peeking out the window. I parked the truck in front of a no parking sign (it was the only spot big enough to park in. and in a matter of seconds jane was by the window & on the phone-with the police I'm sure! as a result i parked my 45 foot insulation rig in the yard! she sat there & watched us all afternoon! HARASSMENT??? TOTALLY!!! Also, chuck's yard was very organized & all his fencing supplies were in the shed...not the yard! "

Why Move Next Door wrote on Nov 20, 2006 6:38 PM:

" If it was me, I'd move next door so I could stay involved with my cause. I'd also do like Jane did -- sell my own home before causing a big stink that could eventually lead to a decline in property values. Sounds like she made a couple of good strategic decisions. :-) "

why... wrote on Nov 20, 2006 2:02 PM:

" Why did she sell her house & move in to a rental? "

Taxpayer wrote on Nov 20, 2006 12:47 PM:

" First, Jane SOLD her house which means someone wanted to be Ifft's neighbors WITH the garage/business already in place so there goes her argument about property values. Second, she RENTED a house CLOSER to the situation that was bothering her so much. Third, how can she sue over property values when she doesn't own property in the neighborhood? This is just a waste of property tax payer's money and Jane isn't a property taxpayer!!! "

Pontiac Resident wrote on Nov 20, 2006 11:21 AM:

" What are people complaining about? Didn't the paper say that he only has one delivery every two to three weeks at his house? It's not like a business that is getting deliveries every day. To me it looks like their house and buildings would raise the property value. Is Jane jealous that they are prosperous? "

wondering wrote on Nov 20, 2006 10:55 AM:

" Why did she sell her house and move in to a rental house? And pls don't say to harrass the Iffts; be specific if you can. And by the way, if she's renting, does she really have to worry about 'her property value'? Seems to me she has none. "

POO POO wrote on Nov 20, 2006 1:15 AM:

" How would the Iffts like it if jane put a hog building 50 feet from their house? not much I would guess . They should have some consideration for their nieghbors and their property values. What kind of idiot would think putting this crap all over the place, having semi trucks blocking peoples driveways, not to mention the noise, wouldnt cause issues with nieghbors. keep on fighting jane, give em hell , I hope they lose every thing. "

TO: AMERICA wrote on Nov 19, 2006 10:54 PM:

" WRITING IN ALL CAPS IS DISTRACTING, OBNOXIOUS, AND A MAJOR FAUX PAS. I AGREED WITH YOUR POINTS WITHOUT HAVING TO SEE THEM WRITTEN THIS WAY. Peace. "

Ifft Supporter wrote on Nov 19, 2006 9:33 PM:

" I have known the Ifft family for quite awhile and they would not intentially do anything illegal or unethical. They have only done what they were told to do. I think they should be compensated for at least some of the legal expenses incurred because of someone else's mistake, not to mention all the turmoil the nosey neighbor has needlessly caused. Just remember, when you point one finger, at least three more are pointing back at YOU! Stay strong Ifft family, you have Higher Powers backing you up!! "

FRIEND TO THE IFFT'S wrote on Nov 19, 2006 8:54 PM:

" I have witnessed first hand the harassing from the neighbors, led by Jane. I think it is a tragedy that the Sheriff & the State's Attorney, both elected officials, have not stepped in to stop Jane with the harassing behavior when they have countless reports and evidence of the situation. And now to have Jane next door. I have a question, if you do not like something or someone in a neighborhood why would you move next door-more evidence of harassing! There are so many things that the Ifft's have endured the past 18 months that no one knows about. They have stayed steady and positive........ I hope that the elected officials that are there to protect people and to serve on boards "The Voice of the Community" stand and do the right thing for the right people, and that would be the Ifft Family! "

Mind your own business & Let them do their business wrote on Nov 19, 2006 8:04 PM:

" If the Ifft's can't have a business then no one can have a business out of their home in Livingston county. Jane has a business from her home. "

AMERICA LAND OF OPPORTUNITY wrote on Nov 19, 2006 7:52 PM:

" THE ORDINANCES WERE WROTE IN THE 1970'S TIMES CHANGE! HOW MANY CURRENT BUSINESSES OUT OF HOMES WOULD YOU FIND IF YOU DROVE AROUND PONTIAC? LIVINGSTON COUNTY? - HUNDREDS! YOU WOULD EVEN FIND THAT JANE CUSHING HAS A INTERIOR BUSINESS OUT OF HER HOME ALSO! HOW CAN WE JUDGE SOMEONE ELSE FOR WHAT WE ARE GUILTY OF OURSELVES? I AM NOT A JUDGE, BUT FROM WHAT I SEE FROM THE STORY, I CAN FIGURE OUT THAT JANE IS HARRASSING THEM BY MOVING IN NEXT DOOR. IT SEEMS THE IFFT'S WENT TO THE PROPER CHANNELS OF AUTHORITY, I BELIEVE THE IFFT'S HAVE SOME TYPE OF RELIEF DUE TO THEM! THE SYSTEM SHOULD STAND BEHIND THEIR DECISIONS OR PAY FOR THEIR MISTAKES! TO THE IFFT'S --STAY STRONG, STAND FOR WHAT YOU BELIEVE AND KEEP WORKING HARD, AMERICA NEEDS MORE LIKE YOU! "

a neighbor wrote on Nov 19, 2006 12:42 PM:

" The bottom line is the permit should not have been allowed in the first place. Unfortunately this has gotten way out of hand. I think Chuck Schopp should lose his job for not following the zoning and authorizing the permit. I also think the Iffts should be compensated by the county for giving him false information and allowing this to get out of hand. For me, it is not about the Iffts', it is about the permit being allowed in the first place. It is sad that it has torn the neighborhood apart. Hopefully after the final ruling we can all be adults and realize it is not worth staying angry about. "

To: To:Seems to Me... wrote on Nov 19, 2006 11:39 AM:

" Obviously YOU can't read. The article clearly stated the the Zoning Board of Appeals "Exceeded their authority" by allowing this to happen. In other words......THEY MADE A BIG BOO BOO. THEY WERE WRONG. THERE CAN BE NO BUSINESS RUN FROM A RESIDENTIAL NEIGHBORHOOD!!!!!!! Why should the Iffts be allowed to run a business from residential property. Most people who have commercial businesses buy commercial property for their businesses, not try to ruin the neighborhood. I went and looked at this property. That building in HUGE. It needs to be in a farmers barnyard, not this nice neighborhood. "

Plain and Simple wrote on Nov 19, 2006 11:32 AM:

" It looks like it's cut and dried. No business can be run from residential zoned property. Ifft admitted he was wrong, so move your business!!!!!!!! "

To: Seems to me wrote on Nov 19, 2006 11:25 AM:

" Abvousily you can not read or it appears that you can not understand what you are reading! What I read, Livingston County votes to allow them to build a building to opperate their business from. Chuck are you up all hours of the day and night building fence or what is the major, camotion that you are causing? Wow! Shame on you for trying to put food on the table for your family, you are very inconciderate to think of yourself, (like your neighbors) first. Keep up the good work. "

A friend wrote on Nov 19, 2006 10:26 AM:

" I have on occasion sat on the Cushing's patio and seen the MESS they had to look at at the Ifft property from their back yard. No on should be subjected to that. And to "hmmm".... when it involves YOUR property values and quiet enjoyment to YOUR property, I do believe you would do the same. "

seems to me.... wrote on Nov 19, 2006 10:18 AM:

" If Chuck Ifft had removed his business from the property after he was told (twice) to do so by the zoning administrator the area would not have been "torn apart". Obviously total disregard to authority. I'm glad these people did what they had to do to protect their neighborhood. This appears to be a residential neighborhood, so why did this board allow this??? How much has this cost the county to have to reverse their decision (legal expenses)? Looks like Liv. Co. needs a new board who understands what the ordinance says. Too many people sit back and let things like this happen. Stick to your guns, residents. "

Go Chuck & Kristi wrote on Nov 19, 2006 9:21 AM:

" I've known Chuck & Kristi since high school! They are very hard working individuals! Jane and 3/4 of Pontiac have nothing else better to do than put their noses in someone elses business! Let them be and find something else to worry about... like world peace or something!!! "

Pontiac Res wrote on Nov 19, 2006 9:07 AM:

" Keep strong Chuck, some people will never change! I say if she sold her house to move next to you then it is her own fault, she just wanted closer to the siuation for whatever reason. I looked at pictures, did not see any reason for all the caos. "

so, wrote on Nov 18, 2006 8:51 PM:

" doesnt exactly look like a bustling neighborhood.....a local fight got out of control & exploded mayhaps? strange, a lawyer couldnt have prevented all this esculation "

hmm wrote on Nov 18, 2006 7:59 PM:

" cushing sold her home & rented one across the street ????& nobody thinks theres anything wrong with her? why in the heck didnt she just leave if she is so bothered by whats none of her business in the first place? what a trouble-maker she is "
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