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<br /> <br />It is our understanding that the fence was not constructed to City code and permit <br />requirements, and the Owner has been instructed to remove the fence, but this has not yet <br />happened. <br />The following are our concerns that directly affect our development, the safe use of the trail, <br />and a safe driveway entrance: <br />1.!A section of the fencing that was constructed east of the driveway is actually on or <br />adjacent to the Association-owed lakefront property and should be removed <br />immediately, and the pre-existing split rail fence reinstalled. <br />2.!The remainder of the fence appears to be an encroachment on the McCarrons Blvd. <br />Right of Way and is not in conformance with the City Code. <br />3.!The code provides for a fence height of 4 feet with a standard permit. The fence as <br />constructed is 6 feet in height, which requires a variance. No variance was obtained. <br />4.!The installation of this fence creates a hazardous condition because of proximity, grade, <br />and location of the trail, with difficult sightlines for bicyclists and pedestrians on the trail <br />as well as poor visibility for oncoming vehicles, and creation of an area in which <br />someone intending harm to others could hide/lurk. No solid or screening fence should <br />be allowed at this location. <br />We request that the City take action immediately to require the Owner to remove this illegal <br />fence and restore the area to the preexisting condition, consistent with the open, inviting <br />character of the McCarrons Lake Neighborhood. <br /> <br />Roger A Anderson <br />Association Manager Attch: Fence Exh and Photos <br />CC Mayor Roe <br /> Councilmembers Etten, Groff, Schroeder, and Strahan <br />All Association Residents <br /> <br /> <br />2 <br />Qbhf!45!pg!331 <br /> <br />