09-28-94 Council Minutes - Laserfiche WebLink

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MINi7TES CITY COUNCIL SEPTE[~4BER 28, 1994 BOUNDARY The City Planner presented an ordinance amendment LINE relating to boundary line fences. The Planner reported FENCES that the amendment better defines boundary line fences as well as their location. In reviewing this amendment, the Planning Commission recommended that boundary line fences be set back three feet from the property line rather than five as provided for in the ordinance, and that there be a six foot separation between fences rather than ten. The City Administrator noted that currently a boundary line fence can be built right on the property line. This raises the issue of maintenance of the back-side of the fence. The proposed ordinance would provide that a boundary line fence can be built on the property line with permission of the adjacent property owner. The Council discussed this ordinance amendment and agreed with the Planning Commission's recommendation. Hanson asked about adverse possession should a property ownership change. The City Attorney reported that there is a 15 year time period for adverse possession and certain criteria must be met for adverse possession to take place. Hanson suggested that property owners installing fences make sure that their property line is well described to protect from adverse possession. Morelan asked if the fence agreement between the property owners would be recorded. The City Planner replied that the City would not record the agreement, but the property owner could if he or she wanted to. Scalze pointed out that the finished side of a boundary line fence must face away from the property. Therefore, there must be a license agreement addressing maintenance if the fence is put on the property line, otherwise the boundary line fence must be placed three feet in from the property line. Mr. Morelan introduced the following resolution and moved its adoption: 14