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CC Regular Session <br />Meeting Date: 05/10/2011 <br />By: Chris Anderson, Community <br />Development <br />5. 1. <br />Title: <br />Approve an Agreement to Allow the Construction of a Six (6) Foot Tall Wood Privacy Fence that Encroaches onto <br />City Property <br />Background: <br />The Newlins, owners of 14290 Dysprosium St NW, have applied for zoning permit to construct a six (6) foot tall <br />wood privacy fence around a portion of their side/rear yard and would like to 'tie in' to the existing fence along the <br />northern property line. This property line separates the Newlin's property from a City -owned parcel to the north. <br />There is an existing fence along this property line that veers slightly away from the common boundary as it moves <br />from east to west and where it terminates, it is about two (2) to three (3) feet onto the City -owned parcel. This <br />fence was in place when the Newlins purchased the property. <br />City Code requires fencing to be located 100% on the fence owner's lot. However, permitting the encroachment <br />to 'tie in' to the existing fence seems logical and does not create any additional obstacles in terms of <br />trail maintenance (there is a trail that is partially on the City -owned parcel). Staff has reviewed this request with <br />Public Works Staff and Administration and neither raised any objections. Additionally, the City Attorney has <br />reviewed the attached encroachment agreement, which would permit the Newlins to extend their new fencing onto <br />the City -owned parcel such that it can 'tie in' to the existing fence, and is satisfied that it protects the City's interests <br />sufficiently. <br />Council Action: <br />Motion to approve the encroachment agreement permitting the construction of a six (6) foot tall wood privacy fence <br />to encroach onto a City -owned parcel so that it can 'tie in' to the existing fence. <br />Site Location Map <br />Encroachment Agreement <br />Attachments <br />Form Review <br />Inbox Reviewed By Date <br />Tim Gladhill Tim Gladhill 05/03/2011 02:39 PM <br />Aaron Backman Aaron Backman 05/04/2011 02:03 PM <br />Kurt Ulrich Kurt Ulrich 05/04/2011 02:20 PM <br />Form Started By: Chris Anderson Started On: 05/02/2011 09:18 AM <br />Final Approval Date: 05/04/2011 <br />