Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Right Of Way Encroachment topic
No spam. Unsubscribe anytime.
Council denies homeowner's request to keep fence that encroaches on Madison/14th right-of-way
Summary
The Astoria City Council voted 3-2 to deny an encroachment request from the owner of 1420 Madison Avenue after staff said the fence exceeded code height and blocked sight lines; the owner said the fence encroached about 11 feet and asked to retain privacy while offering to cooperate.
The Astoria City Council on Aug. 5 denied a property owner's request to retain a fence built into the Madison Avenue/14th Street right-of-way, citing city code violations and public-safety sight-line concerns.
City Manager Scott Spence told the council staff found the fence exceeded the city's height limits for the frontage and obstructed the required vision triangle at the corner. City Engineer Nathan Crater said the fence sits outside the property boundary and would have to be moved back to the property line to be fully compliant.
The property owner, Larry Benzel of 1420 Madison, told the council the fence extends about 11 feet into the public right-of-way, said he had built it for privacy to shelter his 86-year-old mother and offered that the city could reclaim the land if needed. "If the city ever needs it back, have it," Benzel said, adding he was willing to modify the structure if necessary.
Councilors debated options including requiring removal, pursuing a street vacation or license-to-occupy process, and imposing conditions that would bring the fence within code. Councilor Davis said the long history of ignoring staff direction was a concern. Councilor Brownson and Councilor Hilton both expressed caution but allowed that a negotiated remedy could be possible if the owner sought formal vacation or permitting and reduced the fence height.
Councilor Davis moved to deny the encroachment request; Councilor Adams seconded. The motion passed 3-2.
The denial requires the property owner to follow normal code-compliance steps, which could include relocating the fence to the property line or formally applying for a vacation or license to occupy in order to seek approval through the city's established process. The council's action does not preclude the owner from pursuing a subsequent application to vacate or otherwise regularize the area.
The council's discussion and the homeowner's comments left open an administrative path for a negotiated remedy but made clear that ad-hoc construction in the public right-of-way without staff approval will not be allowed to stand.
