A solution to former Phillies slugger Ryan Howard’s illegal construction fence at his beachfront mega-mansion was scaled back at the Belleair Shore commission meeting on Tuesday.

“Our code won’t allow a 5-foot fence,” said Mayor Bob Schmidt. “The code requires a maximum of 4-foot from the top elevation to the seawall.”

Last month, town commissioners agreed to let Howard put up a 5-foot child safety fence to block gawkers from the beach. Mayor Schmidt was not at that meeting and on Tuesday said it violates town code.

“The intent of the ordinance is that that people that are living in their homes can look north and south, up and down the beach and enjoy the entire view of the beach," he said.

The baseball star’s wife, Krystle Howard, 27, attended the Tuesday meeting with David Brandon, president of the Brandon Construction Company. Brandon told commissioners why the Howards have left their illegal chain-link construction fence up on the beach for two years.

“I promise you that the Howards don’t want to look at that 6 foot high rusty fence, but in order to maintain security on the property we’ve had no choice,” said Brandon. “The invasion of privacy is unbelievable. It’s actually, it’s just sad... People deserve to have a right to enjoy their property in their backyard.”

Pinellas County Sheriff’s Office records show only one trespassing incident at the Howard property since they moved in. Mayor Schmidt said other celebrities who lived in Belleair Shore, like Kirstie Alley and Greta Van Susteren, never had a problem. Although, the mayor said he did witness a fan follow Howard from the Phillies spring training facility in Dunedin to his home and was sympathetic to the need for more privacy.

“When you have somebody who has notoriety you’re going to get that,” he said. “They’ve been in violation and being a resident, we don’t want to get in fights with our residents.”

Taller fence originally asked for?

Still, Schmidt said he would not sign off on a non-permanent child safety fence that’s taller than 4-feet. The commission then voted to approve a motion allowing that shorter fence. A solution that Krystle did not want to talk about after the meeting.

“I have no comment,” she said. “You heard everything.”

When asked if she was disappointed that permission was not granted for a 6-foot or 5-foot child safety fence, Krystle denied that was a request.

“I never said any of that,” she said. “So, have a good night.”  

However, audio from the Jan. 17 Town Commission meeting captured Krystle asking for a taller fence.

“What we’re looking to do is do a child safety fence that would line the property,” Krystle said. “We’re hoping 5-feet.”

At the meeting on Tuesday, Brandon asked for an even taller fence.

“We would prefer to have a 6-foot fence around there,” he said.

The mayor said it’s his job to make sure everyone follows the town codes.

“They wanted a 6-foot and then they wanted a 5-foot and the maximum they can get is 4-foot,” he said. “So, if their pool is elevated even above the 4-foot elevation they may end up with a 3-foot or 2-foot fence.”

Schmidt said he hopes the Howards take down the illegal construction fence in the next few weeks and if it’s not done the town will have “somebody else take it down.”

“I’m happy it’s resolved,” he said. “The Howards should be happy.”

The mayor said he will draft a letter on Wednesday to Pinellas County, who enforces the town codes, indicating the 4-foot child safety fence has been approved and a permit can be issued.