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01-06-10-PC
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to the foot traffic thru our property. (Her fence is positioned a few feet inside her property, so we would need <br />to encroach on her land to join up the 2 fences.) She asks if there is something she needs to sign and Tim <br />brings her an application for a fence permit. Tim made it out and told her we would pay the fee. I explain <br />this to Meagan at City Hall and tell her that that neighbor may not have filed it yet. Meagan tells me that <br />even if the permit isn't filed that is OK, but we would be building at our own risk and if that neighbor changes <br />her mind we would have to remove the portion of the fence on her property. <br />Tom Polzine, a family friend for five years, and the father of one of my flute students agrees to help Tim <br />build the fence. Tim's schedule becomes too busy during the fall at the U of Minnesota to permit him to <br />take any time off to tackle the fence project, so Tom asks his friend Jim to help and they build the fence <br />without Tim. <br />Tom suggests a fence design that is the same on both sides, so there would be no "good" or "bad" sides. <br />We order precut cedar lumber from a fence company. An all -cedar fence will be maintenance -free, avoiding <br />any need to stain or maintain on the neighbor's side, where permission to go would presumably not be <br />forthcoming. Cedar will last maintenance -free for decades. <br />As soon as the post holes are being dug, we start getting calls from Meagan at city hall. She says the <br />neighbor is calling every few hours and has requested them to put a halt on construction. She refuses to <br />halt construction, saying we have the requisite permit. <br />Discussions begin over the height of the fence. Tom speaks to Meagan. "I am a family friend of the <br />Maloneys and am building the fence." The fence sections (precut 6 feet) cannot follow the exact contour of <br />the land, which falls 6 feet from the east line to the west line of the property, but will be fully horizontal at all <br />times and will need to be "stepped." Due to the falling contour of the land, the space below the fence will be <br />greater at some spots. Staff mentions that Minneapolis allows for this land irregularity, and a six foot fence <br />can rise to 6 feet, 6 inches. Meagan gives us the go-ahead to continue building because we are building <br />within the spirit of the law. <br />Discussions begin about encroaching on the Schneiders' property. Inspectors arrive and determine that the <br />wet concrete has come close to the Schneider property at four different posts. Meagan asks that we have <br />this cleaned up, which Tom takes care of the next morning. Tom has ensured that the fence sits back on <br />our property by a minimum of 6 inches, and no concrete or fence material ends up encroaching on the <br />Schneider's property. <br />Building inspector visits site. Because of the incline and the height question, Tom decides to cut off one foot <br />of all the remaining panels before attaching them. Inspector says this will show our effort to co-operate. <br />No other action until December <br />Early December. <br />Tim asks Tom to extend the fence all the way to Pam's fence (have permission already) because he had left <br />a gap of about 3 feet so as not to destroy tree roots in drilling a posthole there, but it was evident that we still <br />were having foot traffic through that opening. <br />Tom digs one post hole and Mr. Schneider and an inspector arrive while Tom is still working. <br />Meagan calls the next week to say Mr. Schneider has filed an application to overturn all the staffs decisions <br />relating to the fence. <br />Nancy & Timothy Maloney <br />December 28, 2009 <br />
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