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Developer to offer easement or cap to Copperleaf neighbors; consent required to alter existing "good neighbor" fence
Summary
Richmond American and staff told the Planning Commission they will offer Copperleaf homeowners either a recorded use easement (and removal of the existing rear fence) or a cap/board-infill to close the 6–12-inch gap at the retaining wall; any change to the existing 'good neighbor' fence requires the adjacent owner’s consent. The city will require implementation prior to final occupancy if homeowners accept the offer.
Richmond American told the Dixon City Planning Commission it will offer Copperleaf homeowners two implementation choices to address the small gap between the Copperleaf rear fence and the new retaining wall: (1) remove the existing Copperleaf rear fence, extend side-yard fences to meet the retaining wall, remove concrete and post holes, and execute a recorded use easement granting the Copperleaf property owners maintained access to the added strip; or (2) install a thin cap between the existing Copperleaf fence and the Village 12 retaining wall to cover the gap. Staff emphasized both offers require consent from the adjacent property owner because the existing fence is a "good neighbor" fence.
Raffi summarized draft resolution language offering both options and stated that, if accepted by a neighboring property owner, the selected option "shall be completed prior to final occupancy." The applicant told the commission the easement would be a recorded document and would remain with the Richmond property and be disclosed at sale; the applicant added that property taxes would not be affected.
Commissioners discussed enforcement practicality and consent requirements. Staff clarified the city cannot force an existing property owner to modify a good neighbor fence; therefore the developer's offer is voluntary and depends on acceptance by each adjacent homeowner. The commission included an offer requirement within its approved conditions so that, if homeowners agree, implementation occurs before final occupancy.
