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City Council Regular Meeting - 08/08/05 Minutes - Page 7 Community Development Director Welsh provided further detail related to the fence located along the northwest side Ms. White's property, located on City right-of-way, rather than on her property. Mr. Welsch advised that, due to impacts to the property, location of existing trees, and other considerations, staff - in consultation with the City Attorney - had determined that an Encroachment Agreement would create no hardship for the public, provide a "hold harmless" clause for the City, and provide for potential removal of the fence if required, and was in the overall best interest of the property owner and City, leaving the fence intact. Mr. Welsch recognized that this was allowing the fence to remain on public property, was a difficult situation, but opined that the Agreement provided a fair compromise for both parties. Councilmember Schroeder sought further historical data as to the original installation of the fence and whether a City permit was issued. Mr. Welsch reviewed the available information from the 1960's related to the issuance of a permit, but noted the lack of detail in the records related to the road reconstruction and right-of-way expansion and specific circumstances. Mr. Welsch advised that staff had determined an encroachment situation was more appropriate than a variance request for this particular situation. Councilmember Schroeder opined his concern with determining past actions, and the need to correct these unique situations as they arise, rather than setting precedent in allowing items on city property. Councilmember Schroeder noted the disruption to the property and landscaping in place, but reiterated his preference for correcting the issues at this time. Schroeder moved, denial of an Encroachment Agreement between the City of Roseville and property owner,