10-26-94 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL OCTOBER 26, 1994 discuss his concerns with City staff. Rocky Waite indicated that he sees problems with the ordinance amendment as presented. Waite pointed out that a chain-link fence requires no maintenance, therefore, questioned the need to place such a fence 3 feet from the property line should the neighbor's permission not be obtained. Waite also expressed concern with the possibility that adverse possession would come into play if an adjacent property owner is maintaining the three foot area on the outside of the fence. The City Administrator pointed out that the permission agreement for placing a fence on a property line can be recorded against the property. The Administrator did not believe that a property owner would willingly neglect his/her own property just because a fence is three feet off the property line. The Administrator stated that he would assume the property owner with the fence would maintain the 3 foot area outside the fence. If the other neighbor began to mow that area, the property owner would certainly be aware of it and could do something to eliminate potential adverse possession claims. Waite pointed out that the proposed ordinance requires a 6 foot separation between fences. The Administrator replied that the existing ordinance calls for a 3 foot separation between fences and no setback from the property line. There is concern about the ability to maintain a a fence with no room on the one side. Waite believed the ordinance created problems that do not exist at this point. LaValle pointed out that the ordinance amendment is the result of an existing problem between neighbors. A property owner wishes to construct a fence on the property line, but the adjacent neighbor will not allow access on his property so that the fence can be constructed, let alone the opposite side maintained. Waite suggested that the fence be placed a foot off the property line. 11