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REQUEST FOR COUNCIL ACTION Date: 6/17/2024 Item No.: 7.a. Department Approval City Manager Approval Item Description: Consider an Appeal to Staff’s Order to Remove Fence at 257 S. McCarrons Blvd. 1 2 Background 3 This matter is before the Council on appeal of an order from City Staff to revoke a fence 4 permit at 257 South McCarrons (the “Property”) and to remove the fence. 5 6 The Property is near the southeast corner of McCarrons Lake and borders South 7 McCarrons Boulevard. The configuration of the Property is wide and shallow, and almost all 8 of what appears to be the front yard of the Property is actually right-of-way (“ROW”). (See 9 Attachment 1). The City uses the ROW, in part, for a highly-used paved walking path along 10 South McCarrons Boulevard. The path is bordered on the lakeside by a split-rail fence 11 owned by the City which is also in the ROW. 12 13 Late in 2021, Staff met with the Property owner, Eric Carrara, regarding his desire to install 14 a privacy fence between South McCarrons Boulevard and the Property. At that time, Mr. 15 Carrara shared an image of a potential fence running the length of his property along South 16 McCarrons Boulevard with a gate crossing the driveway (See Attachment 2, which appears 17 to be the same document). During the informal discussion, Staff explained that the fence 18 was in the ROW owned by the City and indicated that any fence installed in the ROW 19 required a ROW permit and an encroachment agreement. Mr. Carrara did not apply for a 20 fence until November of 2023. 21 22 On November 8, 2023, Mr. Carrara applied for a permit to replace the existing split-rail 23 fence with a six-foot privacy fence (Attachment 3). The fence permit application included a 24 site plan showing the proposed fence location (Attachment 4). The site plan reflects a fence 25 in front of the home but does not include the location of property lines or ROW lines. The 26 site plan that accompanied the fence permit application is not the same image that was 27 shared with the City and discussed with Mr. Carrara in 2021. Rather, the submitted site 28 plan shows a fence that stops well short of the driveway on the west side and does not 29 exist at all on the east side of the driveway. 30 31 On November 14, 2023, Engineering staff approved their review of the fence permit 32 application. On February 1, 2024, Building staff approved the review and the fence permit 33 application was made ready to issue. The fence permit was issued on April 12, 2024. The 34 fence work began on or about April 23, 2024. Once Staff observed the fence construction, Page 1 of 4 Qbhf!8!pg!331