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To: Building/Zoning/Planning Staff Street Files for all Building Lots in "Navarro": Blaine Avenue: 2255,2265,2285 Livingston Avenue:3600,3630,3640,3650,3660,3670,3680 Lyric Avenue:3615,3625,3635,3640,3645,3650,36��,366�,3675,3685,3690,3692,369�,3697 From: Mike Gaffron, Planning Director Date: June 28,2001 Subject: Fence Height Restrictions in "Navarro" The Planned Residential Development plat of"Navarro" was completed in 1982. The preliminary approval resolution(#1404)required that the Developers Agreement include a specific condition that no fences in "Navarro" could exceed 42" in height, and that such restriction be filed in the Homeowners Association(HA) covenants. The final plat approval resolution required the recording of said covenants and the creation of a homeowners association to enforce them. The Developers Agreement contains the 42" limit and requires that it appear in the covenants. The 42" limit appears in the unexecuted version of the covenants in our files(Zoning File#585 and #671) and I have no reason to believe that our copy does not match the executed version. The covenants include language that gives authority for enforcement of special conditions to an Architectural Control Committee made up of 3 members of the Board of the HA. The covenants give the City no specific authority to enforce the special conditions such as fence height. Conclusion The City has not enforced and will not enforce the provisions of private covenants for subdivisions, except where such covenants give the City specific authority to do so (typically where the public interest is at risk, such as maintaining streets, etc.). The City will not enforce the specia142" fence height limit for the plat of Navarro. This must be enforced by the HA if it so desires. However, any fence in Navarro which exceeds the City's standard fence height limitations of 42" (3-1/2') within the front yard and 6' in side and rear yards, shall be subject to City enforcement action.