Fence-Mending Not on the Agenda : Thousand Oaks: Neighbors tell the council that Probst estate’s wrought-iron barrier may violate permit.

For something temporary, the wrought-iron fence being built at millionaire Charles Probst’s Thousand Oaks estate looks as though it could last for centuries.

With thick metal posts reinforced in cement and looming about eight feet above the ground, this is no white picket fence.

What it is, according to his lawyer, is a more aesthetically pleasing version of the chain-link fencing customarily found at construction sites.

“Mr. Probst doesn’t believe in doing things halfway,” attorney Charles Cohen said.

To neighbors watching the fence go up along Westlake Boulevard, the structure appeared to be permanent. Estimating the distance from fence to road, they said that if the fence is permanent, it would be a clear violation of the setbacks allowed by a permit the city gave Probst last month to develop his property.

The permit was granted just days after the reclusive millionaire donated $2 million to the Thousand Oaks Civic Arts Plaza. Angry residents charged that the council’s decision was influenced by the donation.

Tuesday, a month after Probst won approval for his unorthodox plan to develop open space in Thousand Oaks, he once again found himself the topic of discussion at a City Council meeting.

If the fence remains in place, it would violate restrictions of the permit, which allows for a wrought-iron fence set back 35 feet from Westlake Boulevard. It now ranges from about six to 15 feet back from the road.

At Tuesday’s meeting, nearby resident Cathy Schutz, a member of the Westlake North Property Owners Assn., advised council members that a fence was being erected that appeared to violate the conditions of the permit.

Why would anyone spend so much money putting up an iron fence just to protect a construction site?

“Mr. Probst doesn’t believe that a chain-link fence would be appropriate to the neighborhood,” Cohen said. “I would think that people in the neighborhood would be delighted to know that he is concerned enough about the aesthetics of the neighborhood to use wrought iron instead.

“Mr. Probst is blessed enough to be able to provide this on a temporary basis,” Cohen added.

That is fine with City Atty. Mark Sellers, who, nonetheless, said he wants a written statement that the fence is truly temporary. He said he plans to meet with Cohen to discuss the matter.

“It is not a violation until we determine that it is permanent,” Sellers said. “We need to have something in writing.”

Councilwoman Judy Lazar said she had been reassured that the fence is indeed temporary.

“It does look like a very permanent fence from what I understand,” Lazar said. “But as long as Mr. Probst understands that it can’t be permanent, that is all right.”

In an interview Wednesday, Schutz said she and other members of the homeowners’ association will be satisfied as long as the fence is eventually moved back.

“I don’t want to blow this out of proportion,” Schutz said. “But when the major modification was granted, the conditions were clear and specific. Unfortunately, the first thing that happens is a violation.

“If it is going to be moved, that’s OK. It’s just that it is not a temporary fence that you would normally see,” she added.

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When Probst’s landscapers are done putting in the 900 trees and maintenance bunker that his plan calls for, Cohen said the temporary fence will be torn down and a permanent replacement built at the required setback.

“With rain and all, the construction could go until mid-July,” he said.

If the fence is not removed when construction is completed, Probst could face fines of up to $1,000 a day, Sellers said.

According to local fence builders, Probst’s wrought-iron fence is probably costing about three times as much as a simple chain-link fence.