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Commission approves encroachment agreement for sound‑wall style fence at 2324 Maynard Ave.

Planning, Programming and Zoning Commission · December 10, 2024
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Summary

The commission approved an encroachment agreement for Steve and Yvonne Smith to install a sound‑wall style fence on city right‑of‑way at Green Hill Road, subject to an executed agreement, maintenance by homeowners, access provisions and required variances for any height above 8 feet.

The Planning, Programming and Zoning Commission approved an encroachment agreement allowing Steve and Yvonne Smith to install a sound‑wall style fence on city right‑of‑way adjacent to their property at or near 2324 Maynard Avenue.

Tamala, a planning staff member, said the request "would not appear to have a negative impact on the surrounding neighborhood" and explained conditions staff requires: a fully signed and executed encroachment agreement that allocates maintenance responsibility to the homeowners, provides access provisions through the fence for right‑of‑way and access to the existing sound wall to the north, and addresses an 8‑foot utility easement along the north property line. Staff also noted technical review concerns: the proposed sound wall cannot be fully constructed to the south end of the lot, so a permeable section or a minimum 10‑foot gate would be required for access; and if the fence exceeds 8 feet in height the Smiths would need a variance from the Board of Adjustment.

Jamie Knutson, city engineer, clarified the drawing and explained the city will not allow the fence to extend south of the front of the house; the north–south portion would be a sound wall and the east–west portion tying into the house would be a regular fence type (privacy, chain link or similar).

Commissioner Shirk moved to approve the encroachment agreement subject to the cited conditions; the motion was seconded and approved by voice vote (the chair later conducted a brief revote and reported the ayes). The approval requires the applicant to finalize the encroachment agreement and secure any needed Board of Adjustment approvals for fence height prior to construction.