Tollgate ponders ban on horses

Horses may no longer be welcome in the Tollgate subdivision west of Sisters.

An ad-hoc committee formed by the Tollgate Property Owners' Association Board of Directors recently proposed phasing out all horses within Tollgate.

The committee sent a letter and survey to Tollgate homeowners a few weeks ago, asking for their opinions on the matter.

Tollgate's Covenants, Codes and Restrictions (CC&R) have allowed horses since the inception of the subdivision 28 years ago. However, the letter states that Tollgate has become more of a residential suburb since then, rather than the vacation home tract that Brooks Resources envisioned when it created Tollgate.

Because of this change, the letter says, the proximity of homes makes properly dealing with animal waste, odors and flies an "almost impossible task." The ad-hoc committee believes this has an "adverse impact on resale values."

The committee says in the letter that its goal is to be fair to the approximately nine horse owners (Tollgate comprises 440 lots) as well as those who feel negatively impacted by the presence of horses.

Jim and Sue Durbin, residents of Tollgate who own two horses, say any restriction on horses would be unfair.

"We bought this house as a horse property; that's why we bought it," said Jim, who bought his lot in 1980 and moved into Tollgate in 1990. "Everyone who's ever moved here knows the CC&R allows horses. They knew that from the very beginning. If they feel so negatively about it, they shouldn't have bought a lot here."

The Durbins, who claim to clean up daily, say they have never had a problem with odors, dust or flies and have never received a complaint. Their neighbors, Dick and Mary Ann Kelly corroborate.

"I can't say we don't smell them every once in a while, but they're really good about taking care of their horses," Dick said. "We knew our neighbors would have horses when we bought the house. Anyone who complains, that's like buying a house next to the airport and complaining about the airplanes."

The Kellys often take care of their daughter's horse for a few weeks during the summer, and are in the process of selling their house to a family that owns a horse. In contradiction to the letter, they think allowing horses actually raises resale values, as do the Durbins.

"New homes keep going in; (allowing horses) doesn't seem to bother people that much," Sue Durbin said. "People know horses are allowed, and they are still buying."

Skip Kinney and Cathy Pearson, who moved to Tollgate in December and have had horses since May, say the proposal could ruin their $4,000 investment in a corral fence. (They plan to also build a barn and estimate total costs at $10,000.)

Jim Durbin said he thought the issue was settled when home owners voted against a similar proposal a few years ago.

Kinney said this most recent movement to phase out horses intensified after he and Pearson got their horses. He said his neighbor Betty Fadeley -- a Tollgate employee -- offered to help financially if he would board the horses at a stable facility.

"Betty didn't want us to have horses," Kinney said.

The couple cleans the corral every seven days (as required by the CC&R), uses fly traps, uses salt licks that prevent flies from hatching, has moved back their corral fence 25 yards, and has hand-picked manure on occasion.

Kinney said Fadeley has thanked them many times, but that they feel like they are being targeted. Fadeley declined to comment.

They aren't the only ones who receive aggravation, though.

"I'll be working out in the yard and people will stop by and tell me their horror stories," Kinney said.

Pearson said that one time a fellow Tollgate horse owner parked her car in the middle of the street and came to talk to her. The woman, with her husband and child, told her she had been brought to tears over the harassment she had received. The woman then gave her a short note with her phone number, inviting further discussion.

"People came here knowing there were horses," Kinney said. "We chose this place over Buck Run because we knew we could have horses here. The bottom line is that they're allowed."

Kinney's and Pearson's horses don't bother Travis Kalebaugh, whose house across the street is the closest besides Fadeley's.

"I haven't hardly seen a fly since I've been here," said Kalebaugh, who moved into his house two years ago. "I think it's silly that they want to change the CC&R; folks who move in here know what to expect."

Jim Durbin said he finds it surprising that this is so much of an issue.

"Nine lots with horses out of 440 doesn't see like that big of a deal to me," he said. "And they're all spread out. I don't see what the problem is."

He and Sue also said they thought the survey was biased.

"We felt like all the questions pointed toward removal," Sue said. "You look at the survey and you get the impression they're already leaving. It's not 'Do you want horses?' it's 'How long should they have?' It's slanted."

The letter states that no decision regarding this issue has been made.

Kent Thie, president of the Tollgate Property Owners' Association Board of Directors, declined to comment, as did the members of the committee.