Approve an Agreement to Allow the Construction of a Six (6) Foot Tall Wood Privacy Fence that Encroaches onto City Property

The Newlins, owners of 14290 Dysprosium St NW, have applied for zoning permit to construct a six (6) foot tall wood privacy fence around a portion of their side/rear yard and would like to 'tie in' to the existing fence along the northern property line.  This property line separates the Newlin's property from a City-owned parcel to the north.  There is an existing fence along this property line that veers slightly away from the common boundary as it moves from east to west and where it terminates, it is about two (2) to three (3) feet onto the City-owned parcel.  This fence was in place when the Newlins purchased the property. 

City Code requires fencing to be located 100% on the fence owner's lot.  However, permitting the encroachment to 'tie in' to the existing fence seems logical and does not create any additional obstacles in terms of trail maintenance (there is a trail that is partially on the City-owned parcel).  Staff has reviewed this request with Public Works Staff and Administration and neither raised any objections.  Additionally, the City Attorney has reviewed the attached encroachment agreement, which would permit the Newlins to extend their new fencing onto the City-owned parcel such that it can 'tie in' to the existing fence, and is satisfied that it protects the City's interests sufficiently.

Motion to approve the encroachment agreement permitting the construction of a six (6) foot tall wood privacy fence to encroach onto a City-owned parcel so that it can 'tie in' to the existing fence.