Adopt Resolution #21-191 Authorizing Code Enforcement Action Plan Regarding Right Of Way Encroachment at 14781 Potassium St NW; Case of Deborah and Guy Peterson

City Staff is requesting direction from the City Council for a code enforcement case at 14781 Potassium St NW. In December 2020, Staff received a complaint of a fence without a permit. Upon investigation, it was determined that the fence expanded beyond the property lines and is placed in the right-of-way. It was requested by Staff that the fence would be removed when the weather improved, and a site plan was reviewed in February 2021 with the proposed location within the property boundaries. At this time, the fence remains outside the property lines, and the Property Owners prefer to keep the fence where it currently stands.

Notification is not required at this time.

Summary
On December 11, 2020, City Staff received a complaint of a six (6) foot tall wood privacy fence being constructed without a zoning permit. City Staff investigated and discovered a fence was under construction. Staff spoke on the phone with the Property Owner and relayed that a fence permit was required. A few days later, the Property Owner applied for a zoning permit online. Upon review of their application, the proposed location of the fence was in the right-of-way, and would need to be pulled back an additional seven (7) feet to remain out of the road right-of-way - which the Property Owner agreed would be done once the weather improved in the spring. The submitted site plan also needed dimensions for the fence, and was ultimately sent back to the applicant for additional corrections.

Since the weather has improved, an updated site plan and corrections to the fence have not been provided. City Staff has proceeded with the Code Enforcement process including four (4) notices of violation since December 14, 2020 through June 23, 2021, which has included two (2) zoning citations for a total of $325 in fees. On June 25, 2021, City Staff spoke with the Property Owner about what needs to be done for resolution. The Property Owners would prefer to keep the fence in its current placement and are seeking alternatives, and have mentioned seeking legal counsel if necessary.

City Staff have concerns about the current placement of the fence and are requesting approval of a code enforcement action plan to remove the fence from the Subject Property. The City is clear that fences must be entirely on the Property Owner's property, and when in the right-of-way, impacts vision clearance on roadways, as well as plowing and snow removal/storage during the winter. Staff gets numerous inquiries monthly about putting fencing in the right-of-way, and Staff always reiterates the need for fencing to be 100% on the property owner's property. In fairness to other residents, Staff is recommending that this fence is moved from the right-of-way. Since it is in the right-of-way, Staff potentially could remove it immediately because it is a hazard. However, Staff is recommending an additional two (2) weeks consistent with the abatement section of code before removing it. When removed from the right-of-way, Staff will return the fencing panels back to the owner, which is not the typical process, however given the cost of fencing at this time, Staff finds it an appropriate compromise to leave it on the site by the home.

Alternatives
Alternative 1: Approve Resolution #21-191 Authorizing Code Enforcement Action Plan as proposed. Staff recommends this alternative.
Alternative 2: Amend Resolution #21-191 and allow the Property Owners additional time to place the fence in the appropriate location. Staff could be supportive of this alternative based on discussion.
Alternative 3: Discuss the possibility of a Right-of-Way Agreement - similar to an Easement Encroachment Agreement to allow the fence to remain where it currently stands. Staff does not support this alternative.
Alternative 4: Something else.
 

This is currently being handled as part of Staff's regular duties.

Staff recommends removal of the fence from the right-of-way. Staff has given the property owner seven months to remove the fence from the right-of-way, and worked with the property owner during the time of permit. In fairness to other property owners who frequently request fences in the right-of-way (City property), Staff is requesting that the Council give the Applicant two weeks to move the fence from the right-of-way, or the City will remove it on their behalf. This is consistent with the City Code and abatement section which provides 14 day notice for abatement.

Motion to adopt Resolution #21-191 Authorizing Code Enforcement Action Plan Regarding Right of Way Encroachment at 14781 Potassium St NW