1988-06-13 Memo, Property Line Fence Issue

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To File 1991 Fagerness Point Road !roes: Michael--1P --Gaffron, Asst Planning &/Zoning Administrator Oates June 13, 1988 Sabjc cts Pence between 1991 . 7crness Point Road and 1989 Fagerness Point Road. We were called out thin morning by the property owner at 1991 Fagerness Point Road because the son of the property owner of 1989 was in the process of moving the fence between the two properties approximately 8' to the north. Upon arriving at he ai. te, Jeanne and I talked to Mrs. risher who explained again to us tha.. she believed that the fence is her fence, or at least the portion of it that has just been moved is her fence because it originally was on her side of the court -determined lot line. She had intended in the next day or two to remove the first approximately 30' of the fence back from the driveway, in order to do landscape work, and was not planning to replace the fence. We also talked to a youngeaMO it Rezabek who was hired by his parents to move the fence 81: W- advised him to stop work on the fence immediately, and Jeanne talked to +he senior Mr. Rf-abek over the phone regarding the fact that in order to move the fence requires a variance, since it is in the 0- 75' lakeshore setback zone. Mr. Rezabek said he would apply for the variance. We advised Mrs. Fisher that Mr. Rezabek would be app Ong for a variance to keep t'•e fence in its moved location, and that she was essentially on her own if she decided to remove portions of the fence that were now located on the Rezabek property. To summarize, it appears that neither ;-zoperty owner has been able to verify who originally built the fence, Fisher wishes to remove the easterly 30' of the fence and nct replace it, in order to landscape, and Rezabek wishes that the existing 6' fence be allowed to remain on his side of the property line. Staff's opinion remains that regardless of who owns the fence, once it is removed or merely uprooted to be moved laterally, it no longer is "grandfathered" and may not remain in the 0-75' zone without a variance approval by the City Council.