Goshen board denies proposal for fence that would encroach on public right-of-way

GOSHEN — The Goshen City Board of Public Works and Safety on June 18 denied a request to approve construction of a residential fence at 11111 South 12th Street after city staff said the proposal would encroach into the public right-of-way and could impede future sidewalk and utility work.

Deputy Mayor Mark Brinson presided over the meeting. The applicant, represented by a contractor identified only as Tony, offered a revised drawing proposing a 15-foot setback from the edge of the road, a 4-foot-high fence along the front and most of the yard, and a roughly 20-foot stretch of 6-foot fence near the alley. Tony said the owners, Andrew and Ashley Landis, sought the fence principally to contain a toddler and a small dog. "They're very willing to work with the city," Tony said when asked whether the owners would adjust placement.

Brad, an engineering department representative, told the board the 15-foot measurement on the new drawing was taken from the pavement edge and still would result in roughly a 12-foot encroachment from the property line into the public right-of-way. "The engineering department does not support the installation of the fence that's proposed," Brad said, explaining that while the revision preserves access to a nearby water main, it compromises potential future right-of-way installations such as sidewalks and could create maintenance or utility access issues.

Planning staff noted the department reviews fence requests using a zoning clearance form and said it can approve fences up to the property right-of-way, subject to height limits. Staff also cited the city's comprehensive plan goal of improving pedestrian connectivity and said keeping the right-of-way clear helps preserve space for future sidewalks and a tree lawn.

Board members raised safety concerns about vision clearance at the alley. Members agreed a 4-foot front fence is generally less problematic but that a 6-foot fence located at the alley approach would obstruct sight lines for drivers exiting the alley and could create a hazard. The contractor and staff clarified that a white outline on the submitted drawing marked the area where utility locates were requested and was not the intended fence line.

After discussion, a committee member moved to approve construction only if the fence were placed on the property line so it would not impede the right-of-way; the board instead voted to deny the request as presented. The chair said the applicants may proceed to obtain permits if they place the fence on their property line and avoid right-of-way encroachment.

Earlier in the meeting the board approved the minutes from the June 11 regular meeting and the day's agenda. The board then approved civil city claims and adjourned.