Commission approves encroachment agreements allowing two fences on Lucas Street right-of-way

The Planning, Programming and Zoning Commission approved May 13 encroachment agreements allowing fences to remain on city-owned right-of-way along the undeveloped portion of Lucas Street for two adjacent properties north of 760 Cloverdale Avenue and south of 806 Cloverdale Avenue. Staff said the fences have been in place since about 2020–2021 and intrude on an 8-foot utility easement; the city does not object while Lucas Street remains undeveloped, but the agreements are terminable if the street is extended.

Staff recommended approval subject to a fully executed encroachment agreement that includes owner maintenance responsibilities, access provisions so utility or right-of-way work can proceed behind the fencing, and a signed fence-over-easement form. Planning staff also proposed adding a condition to require proper permits for the fences; staff will verify whether a building permit was previously pulled for the installations.

Michelle Clark (who said her name is now Michelle Isom) and Claude Manning are the applicants. Planning staff said both fences intrude into an 8-foot utility easement on the east lot lines and that the encroachment agreements will require owners to provide access and maintenance provisions. Commissioner discussion noted the agreements are intended to be temporary and not to set a precedent: Anderson, planning staff, said the encroachment agreement option has been used previously where the city elects not to vacate a street and wants to preserve the right to require removal if and when Lucas Street is developed.

The commission approved both encroachment agreements with conditions that include: fully executed encroachment agreements with maintenance and access provisions, executed fence-over-easement forms, and proper permitting for each fence. Staff will follow up on building-permit status and record the encroachment agreements with council as required.