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Council moves to simplify golf-course fence language after HOA objections
Summary
After HOA feedback, council favored removing rigid 30-foot rules and handling golf-course-lot fences via case-by-case variance review to avoid conflicts with CC&Rs and legal takings risks.
Council members and staff discussed proposed ordinance language that would regulate fences on golf-course lots. Several council members said they prefer case-by-case review through the building-official variance process instead of fixed setbacks. "I think the best way is a case by case," Presenter said, urging removal of a strict 30-foot requirement that had provoked HOA pushback.
A presenter and a law-oriented presenter referenced property-law considerations and said an overly prescriptive ordinance might raise regulatory-takings concerns under state and federal case law. One presenter noted CC&Rs do not mention golf-course rules for certain plats and recommended aligning town ordinance text with existing deed restrictions where possible to reduce contradiction and legal risk. The council agreed to table the second reading, ask for revised language removing the 30-foot specification, and return the ordinance for further review.
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