Fielding council votes to allow 15-foot variances after finding barn encroaches on city property

Fielding Town Council members voted to grant 15-foot variances on both sides of a barn built for property owner Wade Anderson after council members said the structure extends onto city-owned land and did not follow an earlier setback variance.

Council members opened the meeting with a review of the site and marking done by city staff; neighbors and council members told the meeting that a section of the barn extends approximately 5 feet onto city property along the west side, and that the building did not meet the offset distances discussed when a variance was previously considered. Council members also raised public-safety concerns, saying the barn blocks sight lines at a nearby stop sign.

The vote came after roughly 30 minutes of discussion in which council members reviewed the minutes and variance letter from the prior meeting, compared the new structure to the footprint of the old barn and debated whether the new construction had forfeited any grandfathering that might have applied to the former structure. Members noted that the council had earlier discussed a 35-foot roadside/front setback and that the minutes and the subsequent letter contained slightly different numeric references to the allowable offsets (minutes referenced “13 to 16,” while the letter the council issued was described in the meeting as saying 15). Council members said the new building does not reflect the setback discussed and that a portion of the structure sits on city property.

Council discussion summarized three options the members considered: require the owner to move the structure to meet the earlier variance terms and applicable setbacks; accept the footprint as matching the old barn and leave it in place; or permit adjusted variances on a limited basis while preserving the town’s right to enforce future setbacks. Several council members cautioned against creating a precedent that would allow other property owners to place buildings on town property, and one member said council staff had confirmed the town had not granted approval for construction on city land. Another member raised that the owner had offered to pay a fine of $10,000; council members said that paying a fine in lieu of correcting the encroachment would set an undesirable precedent.

After discussion, a motion to allow 15-foot variances on both sides of the barn passed on a voice vote. The motion did not record a named mover or second in the transcript. Council members said they would still require compliance with other setback rules (including the 35-foot roadside/front setback where applicable) and requested that the property be surveyed and marked so the boundary and required offsets are clear going forward. Council members also discussed options for enforcement if the structure remains in place, including potential removal or further legal action; no enforcement deadline was specified in the transcript.

The council closed the item by confirming the vote on the motion to allow the variances and moving on to other business.