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Wellsville council delays decision after resident’s pool is found 3 feet onto city land
Summary
The Wellsville City Council agreed April 16 to continue review of a homeowner’s pool that sits three feet inside city property, asking the city attorney to draft or review a recorded agreement and return the item to a future agenda.
A majority of the Wellsville City Council on April 16 agreed to continue consideration of a resident’s request for relief after a survey showed a backyard swimming pool sits three feet onto city-owned land.
Resident Cody Frederick told the council he installed the pool after relying on a parcel app and instructions he believed placed the pool 6 feet from the boundary; a later survey found the pool edge about 3 feet from a property marker. "We are only 3 feet. So we've got a big problem," Frederick said, adding that the placement was "a complete honest mistake on where that line went." The council reviewed photos and GIS layers to compare a pale yellow line (survey) and a solid yellow GIS boundary line.
Why it matters: Council members said allowing a permanent encroachment could set a precedent for neighboring property owners and potentially create multiple similar claims along the city boundary. The enforcement officer cautioned that other adjacent properties had signs of encroachment discovered after recent surveys, which could lead to a chain of requests if the council granted an exception.
Council members and staff explored practical construction options to avoid a permanent encroachment, including pouring concrete pads with a cut joint so the slab could be removed if utilities or property changes required it. A staff member also pointed to the municipal code’s easement language, noting the city can require utility easements; as one councilor summarized, any agreement would need a legal review.
The chair explained how a binding agreement would be recorded: "That agreement would be recorded in the Cache County Recorder's Office with your deed," making the restriction part of the property record. Concern about timing was raised by the resident, who said construction delays were costing about $300 per day.
A council member moved "we continue this discussion and we will review it as quick as you can provide it and our attorney can look at it." The motion was seconded and approved, with the council directing staff to prepare documentation and route it to the city attorney for review and advice before returning to the council for final action.
What’s next: The council instructed staff to have a drafted agreement and legal opinion ready for consideration at the next available council meeting so members can evaluate recorded options (liens or agreements linked to the deed) versus requiring removal or other remedial measures.
