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Council approves revocable permit for residential fence encroachment after sight-triangle review; one member objects

Elko City Council · March 4, 2026

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Summary

Council approved a revocable permit allowing a retaining and landscape wall plus fence to remain in city right-of-way at 3025 Haley Court, contingent on execution of the standard license agreement and staff conditions; one councilmember voted nay citing sight-line/disability concerns.

The Elko City Council approved revocable permit number 325, allowing Caleb and Diamond Sheldon to occupy approximately 449 square feet of Jennings Way and Bluffs Avenue right-of-way to retain existing landscaping and a new fence, subject to a standard license agreement and the submitted site-triangle study.

Parks and code enforcement staff said the property owner did not seek a permit before constructing the retaining wall and fence; staff recommended approval after obtaining a site-triangle analysis by Sandville. The traffic engineer (Tom Hannam) explained the sight-triangle methodology per AASHTO/Green Book practices and said the design allows a vehicle to pull forward past the stop bar to sight travel lanes, which staff judged acceptable in this instance.

During the vote, one councilmember recorded a nay on the basis that the encroachment posed visibility and disability concerns; the chair noted the motion passed and that approval is conditioned on executing the standard license agreement. The permit places responsibilities on the landowners to maintain the structure and to accept that the permission is revocable by the city.