Consider Policy for Allowing Fences to be Constructed in Drainage & Utility Easements w/ Infrastructure Conflicts

Current City policy is to require Landowner's to install fences away from the property line in areas where a potential infrastructure conflict exists.  One example of this situation is Ramsey Town Center 10th Addition (see attached exhibits).  In Ramsey Town Center 10th Addition, the City has been requiring that fences be installed 1-2' off the property line in the rear yards to minimize potential damage to existing storm sewer that was installed along the rear property lines.  While this policy was initially developed to protect the City's infrastructure, it is apparent that an issue in regard to maintenance is developing.  The attached photos depict the location of the fences currently constructed in the example development.  As shown in the photos, if fences continue to be constructed in this manner, remnant strips of land approximately 2 to 4 feet in width will remain between rear fence lines.

While this strip of land may provide for ease of inspection and minor maintenance of City owned storm sewer systems, it will likely create a blight situation as the property owners will likely be unable to maintain the strip of property that is separated from the rest of their yards by a fence.  In Ramsey Town Center 10th Addition, the situation is further complicated by the lack of side yard easements.  Therefore, the only way to access the rear yard storm sewer and drainage system is though the drainage and utility easement that exists on either side of the common rear lot lines.

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Staff is supportive of a policy change provided that adequate measures remain in place to protect City infrastructure, to provide for future access to city infrastructure for maintenance purposes, and to ensure that property owners retain ownership of their properties without losing property rights due to adverse possession.  Staff therefore recommends that property owners requesting to construct a fence on their rear property line be required to enter into an Encroachment Agreement with the City that stipulates the terms of the agreement.

Adverse Possession Concern - City will allow construction of fences on private property lines but will notify the property owner of potential ramifications between private property owners in regard to adverse possession.  City will therefore encourage the private property owner to seek legal advice prior to constructing a fence. 

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Staff  recommends that fences be allowed to be constructed to the property line subject to the Landowner entering into the standard Encroachment Agreement for fences.

Motion to recommend a change in City policy which allows fences to be constructed on the property line in areas where infrastructure conflicts exist provided that the property owner enters into the City standard Encroachment Agreement that was drafted for this situation.