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 CITY COUNCIL AGENDA ITEM NO.  09

Meeting Date: September 25, 2001

Subject/Title: Consideration of Appeal by Wes Tilton concerning Staff Denial of an Encroachment and Building Permit for a Masonry Fence on Wildcat Lane

Submitted by: Engineering: J. Stevenson

Approved by: Jon Elam, City Manager



RECOMMENDATION
Uphold the City Engineer’s denial of the applicant’s (Wes Tilton) request for an encroachment permit or a building permit to build a masonry fence in front of private property on Wildcat Lane without the property owners’ authorization.

PREVIOUS ACTION
On July 6, 1999 the Planning Commission denied an application by Richmond American Homes to build a six (6) foot high wall in front of the homes fronting on Wildcat Lane.

On August 24, 1999 the City Council approved the appeal, and allowed the developer to construct the wall on private property, fifteen (15) feet behind the curb, five (5) feet behind the property line.

BACKGROUND
The appellant in this case has had a running battle with Richmond American Homes throughout the development of their project. Richmond American Homes has sold the homes fronting on Wildcat Lane and they are owned by private individuals as of this date. There is no easement that allows this applicant/appellant to construct a wall on these peoples’ front yards, and the homeowners have not requested him to construct the wall. The wall, if constructed at the location approved by the Council, would be put right through the middle of these peoples’ front yards, which are nicely landscaped and an asset to the community.

To build the wall at the property line as opposed to five (5) feet behind the property line would obstruct the view of these owners as they exit their driveways, and in the opinion of the City Engineer is a threat to public health and safety.

Even if the City Council chooses to override the City Engineer’s denial of this application, the applicant still does not have the right to build the wall, as he has no permission from the property owners to be on their land.

FISCAL IMPACT
None.

Attachments:
Letter

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