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2.5 In early 2000 City Council approved construction of a privacy fence on the apartment site (2204 Le�ngton Avenue) in an amount not to exceed $10,500 from the Housing Fund, under the Borders and Buffers Program. Contact was then initiated with the properiy owner to gain approval for the construction of the fence and its future maintenance which was to be the property owners responsibility. The property owner would not agree to the fence construction nor would the property owner return phone calls to the City. Subsequently, City staff pursued the option of placing the screen fence on the adjacent single family (Hansen) properiy at 2214 Le�ngton. 2.6 Staff has received two preliminary bids for the construction of a privacy fence along the south side of 22 14 Le�ngton for appro�mately $9,200. Because of the grade differential, the fence profile as seen from the apartment property will be approximately six feet, and meets the City Code. However, because the Hansen properiy is lower than the apartment properiy, the fence will be appro�nately eight feet. 3.0 Staff Recommendation 3.1 Staff is recommending that the fence be constructed and funded by the City in compliance with the Borders and Buffers Program and funded by the Housing Fund. Staffs recommendation is based upon the long history with this case and the denial of the Court to require the apartment owner to construct a privacy fence. If approved, staff will wark with both property owners to determine the most viable location for the fence to ensure compliance with the code and to reduce the e�sting nuisance. The fence will be owned by the owner (Hansen) at 22 14 Le�ngton and must be maintained by him. 32 The single family properiy owner (Hansen) has agreed to accept the fence at a height necessary to create a six foot privacy fence as viewed from the apartment building. 4.0 Suggested Council Action 4.1 By motion, approve construction of a privacy fence at 22 14 Le�ngton Avenue in an amount not to exceed $9,500 from the Housing Fund under the Borders and Buffers program. Upon direction to proceed, staff will obtain a complete bid from each of the two contractors and select the most complete, cost effective, high quality proposaL In addition, staff will prepare a waiver of trespass to be signed by the properiy owner (Hansen) to allow construction of the fence. Prepared by: Don Munson, Building Permits Coordinator (65 1-415-2 120) \\Victoria\CommDev�Housing�I,exington Apts Fence Funding - RCA 102300.doc RCA — Lexington Fence request 10/23/00 (98-108)- Page 2 of 2