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Board approves fence encroachment into 15-foot drainage easement at 1307 Foxtail Lane despite HOA nonresponse
Summary
Engineering recommended conditional approval for a backyard fence to encroach 15 feet into a drainage easement at 1307 Foxtail Lane; the homeowner said the HOA declined to provide a formal written approval. The board approved the encroachment and directed minutes to note the owner's attempts to secure HOA approval.
The Board of Public Works and Safety on June 1 approved an encroachment request to allow a backyard fence to extend into a 15-foot drainage easement at 1307 Foxtail Lane, subject to the city’s standard encroachment conditions.
Engineering recommended approval of the encroachment conditioned on three standard requirements and receipt of a letter from the homeowners association. The homeowner, Mr. Curts (speaking with Caleb), told the board the HOA has been uncooperative and said the HOA operates through a corporate administrator and does not provide written approval letters. Staff said the city should not allow HOA nonresponse to block the administrative approval when the applicant has made reasonable efforts to obtain HOA consent.
A motion that the board approve the encroachment—while recording in the minutes that staff documented the owner’s efforts to obtain HOA approval—was seconded and approved by voice vote.
Staff agreed to provide the applicant with a signed copy of the encroachment docket for HOA submission and record-keeping.
The approval is conditional on meeting the standard engineering conditions listed by staff in the record.
