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Home My WebLink AboutFW Fence - Jun 13 - Aug 23 IPM.Note FW: Fence FW: Nicholas Loosle Natalie Powell Nicholas Loosle Natalie Powell EX /O=REXBURGCITYMAIL/OU=FIRST ADMINISTRATIVE GROUP/CN=RECIPIENTS/CN=NATP Fence EX /O=REXBURGCITYMAIL/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=95543C04636E4B85A24D8C50E0475719-NICHOLAS EX /O=REXBURGCITYMAIL/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=95543C04636E4B85A24D8C50E0475719-NICHOLAS EX /O=REXBURGCITYMAIL/OU=FIRST ADMINISTRATIVE GROUP/CN=RECIPIENTS/CN=NATP Received: from CoR-EntMExSvr01.ci.rexburg.id.us (10.10.0.111) by CoR-EntMExSvr01.ci.rexburg.id.us (10.10.0.111) with Microsoft SMTP Server (TLS) id 15.0.847.32 via Mailbox Transport; Mon, 9 Oct 2017 13:45:53 -0600 Received: from CoR-EntMExSvr01.ci.rexburg.id.us (10.10.0.111) by CoR-EntMExSvr01.ci.rexburg.id.us (10.10.0.111) with Microsoft SMTP Server (TLS) id 15.0.847.32; Mon, 9 Oct 2017 13:45:51 -0600 Received: from CoR-EntMExSvr01.ci.rexburg.id.us ([::1]) by CoR-EntMExSvr01.ci.rexburg.id.us ([::1]) with mapi id 15.00.0847.030; Mon, 9 Oct 2017 13:45:51 -0600 Content-Type: application/ms-tnef; name="winmail.dat" Content-Transfer-Encoding: binary From: Natalie Powell <Natalie.Powell@rexburg.org> To: Nicholas Loosle <nicholas.loosle@rexburg.org> Subject: FW: Fence Thread-Topic: Fence Thread-Index: AQHS5FSHxXttZgvSuEyNNZUpop7NNaIi9FyQgG+nJtiASgo4AA== Date: Mon, 9 Oct 2017 13:45:50 -0600 Message-ID: <82721a2ed6e942d2a61f2adbde2602ed@CoR-EntMExSvr01.ci.rexburg.id.us> References: <BN6PR2201MB1377D5899E3CF4D930740D3AF0C20@BN6PR2201MB1377.namprd22.prod.outlook.com>,<84120771145d4388b16d5ee02d0f7854@CoR-EntMExSvr01.ci.rexburg.id.us> <CY4PR22MB06960846A8091C232F26A573F0850@CY4PR22MB0696.namprd22.prod.outlook.com> In-Reply-To: <CY4PR22MB06960846A8091C232F26A573F0850@CY4PR22MB0696.namprd22.prod.outlook.com> Accept-Language: en-US Content-Language: en-US X-MS-Has-Attach: yes X-MS-Exchange-Organization-SCL: -1 X-MS-TNEF-Correlator: <82721a2ed6e942d2a61f2adbde2602ed@CoR-EntMExSvr01.ci.rexburg.id.us> MIME-Version: 1.0 X-MS-Exchange-Organization-MessageDirectionality: Originating X-MS-Exchange-Organization-AuthSource: CoR-EntMExSvr01.ci.rexburg.id.us X-MS-Exchange-Organization-AuthAs: Internal X-MS-Exchange-Organization-AuthMechanism: 04 X-Originating-IP: [10.10.1.134] X-MS-Exchange-Organization-Network-Message-Id: 224dbd70-5e50-48d3-5d9b-08d50f4e58e0 Return-Path: Natalie.Powell@rexburg.org X-MS-Exchange-Organization-AVStamp-Enterprise: 1.0 Natalie Powell EX /O=REXBURGCITYMAIL/OU=FIRST ADMINISTRATIVE GROUP/CN=RECIPIENTS/CN=NATP Nicholas Loosle Inbox Fence From: Andrew Wolford [mailto:wolford_andrew@hotmail.com] Sent: Wednesday, August 23, 2017 11:10 AM To: Val Christensen; Craig Rindlisbacher Cc: Natalie Powell; Amber Wolford Subject: Re: Fence Messrs. Rindlisbacher and Christensen, Please see the attached letter. I would welcome the opportunity to discuss this further. Please let me know if you have any questions or need any additional information from me. Thanks in advance for your consideration. Andrew Wolford ________________________________ From: Natalie Powell <Natalie.Powell@rexburg.org <mailto:Natalie.Powell@rexburg.org> > Sent: Tuesday, June 13, 2017 10:11 AM To: Andrew Wolford Cc: Craig Rindlisbacher; Val Christensen Subject: RE: Fence Good morning Andrew, As per our discussion with the City Attorney last week, you will need to submit the request to the City Planner Craig Rindlisbacher and/or our Community Development Leader Val Christensen. As this issue falls somewhere between planning and enforcement, I would suggest you submit your written request to both of them for their review. They will then schedule the discussion to be held with the Planning & Zoning Board. If the P&Z Board members will entertain the idea of making a change to the ordinance, it would then go before City Council for their consideration. Please submit your proposed written change/new verbiage for consideration to the above mentioned gentlemen at your convenience. Sincerely, Natalie Powell City of Rexburg Code Enforcement Officer (208) 359-3020 ext 2348 From: Andrew Wolford [mailto:wolford_andrew@hotmail.com] Sent: Tuesday, June 13, 2017 8:52 AM To: Natalie Powell Subject: Fence Natalie, We would like to request that we be given an opportunity to explore obtaining a variance and/or modifying the ordinances as it relates to our fence. If you can help me with that process and let me know who I need to work with that would be great. Thanks, Andrew Wolford 801-673-5953 <82721a2ed6e942d2a61f2adbde2602ed@CoR-EntMExSvr01.ci.rexburg.id.us> <BN6PR2201MB1377D5899E3CF4D930740D3AF0C20@BN6PR2201MB1377.namprd22.prod.outlook.com>,<84120771145d4388b16d5ee02d0f7854@CoR-EntMExSvr01.ci.rexburg.id.us> <CY4PR22MB06960846A8091C232F26A573F0850@CY4PR2 2MB0696.namprd22.prod.outlook.com> <CY4PR22MB06960846A8091C232F26A573F0850@CY4PR22MB0696.namprd22.prod.outlook.com> Natalie Powell EX /O=REXBURGCITYMAIL/OU=FIRST ADMINISTRATIVE GROUP/CN=RECIPIENTS/CN=NATP EX /O=REXBURGCITYMAIL/OU=FIRST ADMINISTRATIVE GROUP/CN=RECIPIENTS/CN=NATP Natalie Powell Natalie Powell nicholas.loosle nicholas.loosle Natalie Powell Natalie Powell NATP Natalie.Powell@rexburg.org Natalie.Powell@rexburg.org Natalie.Powell@rexburg.org en-US CoR-EntMExSvr01.ci.rexburg.id.us Internal <?xml version="1.0" encoding="utf-16"?> <EmailSet> <Version>15.0.0.0</Version> <Emails> <Email StartIndex="31" Position="Other"> <EmailString>wolford_andrew@hotmail.com</EmailString> </Email> <Email StartIndex="500" Position="Other"> <EmailString>Natalie.Powell@rexburg.org</EmailString> </Email> </Emails> </EmailSet> en BT=1;II=0101D2E45487C57B6D660BD2B84C8D359529A29ECD35A222F45C90806FA726D8804A0A3800;SBMID=3;SBT=2;S2=<4d24191f62f34361a9f0926c94952ff7@CoR-EntMExSvr01.ci.rexburg.id.us>;FIXUP=8.1749;Version=Version 15.0 (Build 847.0), Stage=H5 04 <?xml version="1.0" encoding="utf-16"?> <PhoneSet> <Version>15.0.0.0</Version> <Phones> <Phone StartIndex="1440" Position="Other"> <PhoneString>2083593020X2348</PhoneString> <OriginalPhoneString>(208) 359-3020 ext 2348</OriginalPhoneString> </Phone> <Phone StartIndex="1880" Position="Other"> <PhoneString>8016735953</PhoneString> <OriginalPhoneString>801-673-5953</OriginalPhoneString> </Phone> </Phones> </PhoneSet> IPM.Note nicholas.loosle@rexburg.org 00000002/o=RexburgCityMail/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=95543c04636e4b85a24d8c50e0475719-Nicholas Nicholas Loosle EX /o=RexburgCityMail/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=95543c04636e4b85a24d8c50e0475719-Nicholas nicholas.loosle@rexburg.org nicholas.loosle nicholas.loosle Nicholas Loosle nicholas image001.png .png image001.png image001.png image/png image001.png@01D2E42D.69817A00 EnUs Andrew Wolford Fence Letter.pdf Andrew & Amber Wolford ▪ 576 S 4th East ▪ Rexburg, ID ▪ 208-497-7165 August 21, 2017 Messrs. Craig Rindlisbacher and Val Christensen City Planner and Community Development Leader - City of Rexburg 35 North 1st East Rexburg, ID 83440 RE: Request for Variance Messrs. Rindlisbacher and Christensen, Introduction & Overview Our family resides at 576 South 4th East in the Eaglewood Estates subdivision in Rexburg. Our lot is a corner lot at the intersection of 4th East and Talon Drive. Earlier this summer, we began installation of a six (6) foot high vinyl privacy fence. We had all of the posts set (encased in concrete) and about 1/3 of the panels installed when we were notified via a phone call from Ms. Natalie Powell that the fence was in violation of city ordinance. Ms. Powell coordinated a meeting with us to meet with the City Attorney, Mr. Stephen Zollinger, to discuss the fence installation and our path forward. This written request is in response to the discussions had during that meeting wherein I was given the opportunity to submit a proposed change for consideration. Please know that the installation of the fence in violation of the city ordinance was not deliberate. During the design phase of our home, and again prior to installation, I researched the City’s requirements for fencing via the website which states that “The maximum height of any fence… within fifteen (15) feet of the public right of way shall be three (3) feet”. I misunderstood the location of the public right of way believing it was at the back of the curb as opposed to the back of the sidewalk. As such, to ensure I would not be in violation, I placed the fence 18’ from what I believed was the right of way. It was not until I spoke with Ms. Powell, that I learned I had misunderstood the location of the right of way. While the City does not require a permit for fences specifically, in the spring of 2015, I applied for a building permit for our home which included our proposed fence (see Figure A) on the site plan. When we received the building permit, there were no notations on the plans from the reviewer with regards to any requirements that needed to be met with the fence. As a result, it was not brought to my attention that I had misinterpreted the location of the right of way. Andrew & Amber Wolford ▪ 576 S 4th East ▪ Rexburg, ID ▪ 208-497-7165 Figure A – Snapshot from Permit Drawings The Vision / Sight Triangle The American Association of State Highway and Transportation Officials (AASHTO) has provided guidelines for the Vision / Sight Triangle which includes the triangular-shaped area on corner lots wherein fences and landscaping within this area have the potential to limit visibility to oncoming traffic whether it be vehicular or pedestrian traffic. Potential obstructions within this triangle are limited to a certain height above the road center line elevation so that drivers at an intersection can see oncoming traffic. Title 49, Chapter 2, § 49-221 of the Idaho Statues states that “The boundaries of the vision triangle are defined by measuring from the intersection of the edges of two (2) adjacent highways forty (40) feet along each highway and connecting the two (2) points with a straight line.” This same Section also gives local officials the ability to adopt standards that may be more or less restrictive than this. Based upon a drawing given to me by Ms. Powell (see Figure B), the City of Rexburg measures the distance of each leg of the vision triangle thirty (30) feet along the property line as opposed to the roadway. During my meeting with Mr. Zollinger, he told me that the intent behind there being a 15 feet minimum setback requirement from the right of way in my neighborhood was in case the City ever opted to widen the road to 100 feet, the fencing would already be in compliance without the need to remove or relocate it. Andrew & Amber Wolford ▪ 576 S 4th East ▪ Rexburg, ID ▪ 208-497-7165 Figure B – Drawing Provided by Code Enforcement Officer The Potential Needs of Tomorrow at the Cost of Today The particular lot we built our home on was one of the last in the subdivision to be sold. One reason we were told by our realtor that it had not sold was because being a corner lot, the homeowner that built upon the property would bear the cost of having to install sidewalk on an additional leg of the property as opposed to just the front. In our case, we spent approximately $4,500 placing the concrete sidewalk and associated 12 inches of required compacted fill adjacent to our side yard. Currently, our fence line is 18 feet from the back of curb. To comply with the ordinance, we would need to relocate the already concreted fence posts that sit 6 feet in our property an additional 9 feet into our property. Doing so would result in us losing approximately 1,000 square feet of space in our back yard. Placing the fence 15 feet in our property would create a large side yard that would be unusable space for us that we would be responsible to maintain with no beneficial use. Having paid to install city sidewalk along our side yard coupled with paying property taxes on 1,000 square feet of property that is of no benefit places those of us with corner lots at a financial disadvantage to other homeowners in the City. Andrew & Amber Wolford ▪ 576 S 4th East ▪ Rexburg, ID ▪ 208-497-7165 The Highest Priority - Safety I believe that the safety of the members of our community must be our highest priority. The vision/sight triangle is the standard that is utilized by every jurisdiction in America to ensure the safety of vehicular and pedestrian traffic. The picture below shows the vision triangle with the legs of the triangle being 40 feet along each roadway as defined by Idaho Statute. As can be seen from the picture, we are well in excess of what the State requires. View of Fence in Relation to 40 FT Vision Triangle View of Motorist at Intersection Andrew & Amber Wolford ▪ 576 S 4th East ▪ Rexburg, ID ▪ 208-497-7165 View from Driveway of Adjacent Neighbor on Talon Dr. The likelihood that Talon Drive will need to be widened to accommodate an addition 2-3 lanes of traffic during the lifetime of our home is minute at best. We request that the ordinance be modified to provide consideration for the likelihood of roads being widened. The following pictures show the location of the vision triangle and the fence as required by the current ordinance in effect. Green Stakes Show Vision Triangle per Current Ordinance Andrew & Amber Wolford ▪ 576 S 4th East ▪ Rexburg, ID ▪ 208-497-7165 String Line Shows Location of Fence Line in Compliance with Ordinance Per the current ordinance, should we opt to not relocate the fence posts, our only other options to be compliant are to cut the fence down to 3 feet tall or to use a non-privacy fence panel that is 50 percent see through per lineal foot. While the current ordinance takes into account the safety of others should the road be widened to 100 feet, it does not take into account the safety of the children of those living in corner lots. Having only a 3 foot tall fence would allow young children to climb over the fence and expose themselves to hazards. Though Rexburg is a safe community, we are seeing more of the ills of other places. Having a 3’ tall fence provides no protection against a potential abductor or molester from simply stepping over the fence while children are playing in the back yard. While a 6 foot tall non-privacy fence would prevent someone from simply stepping over the fence, it would not prevent someone from watching small children playing. As the father of small children including a young daughter, the thought of letting my children play outside without a privacy fence makes me uncomfortable. We request that the ordinance be modified to not force corner lot owners to either sacrifice a significant portion of property in their back yard or the privacy and safety of their own kids in the here and now for the chance that a road may be widened in the future. The ordinance could be modified to allow homeowners to choose to have more space in their back yards knowing that in the event that a road does get widened in the future, the fence may have to be removed or modified at a future date. Andrew & Amber Wolford ▪ 576 S 4th East ▪ Rexburg, ID ▪ 208-497-7165 Conclusion Rexburg is a great community to live and raise a family in. I have lived in Rexburg for 29 years cumulatively and chose to move back to Rexburg to raise my family. The following are proposed changes to the current ordinance to make a great community even better for those of us who own corner lots. 1. Modify the current ordinance to provide consideration for the likelihood of roads being widened within a given time frame. 2. Modify the current ordinance to not force corner lot owners to either sacrifice a significant portion of property in their back yard or the privacy and safety of their own kids in the here and now for the potential that a road may be widened in the future. 3. Rather than a ‘one size fits all’ approach to fence installation that does not require a permit and plan review, provide provisions where if a homeowner wishes to do something different than the ‘one size fits all’ approach, they can submit their plan for consideration for review by the City. A plan review fee could be collected to cover the costs associated with the review. The following is the extent of the information I have been able to locate on the City’s website regarding fences. It was found by following the “… fence must meet city set back requirements. Those can be found here” hyperlink via the Frequently Asked Questions page. On the following page, I have included a document that is easily found on the City of Idaho Falls website. This shows how they address the vision triangle in different scenarios. I believe there are changes that can be made to the current ordinance that will benefit homeowners here and now while still protecting the public in the future. I request that these options be studied to help the great community we live in become even better. Thank you in advance for your consideration. I welcome the opportunity to discuss the contents of this letter in person and in greater detail. Respectfully. Andrew and Amber Wolford Andrew & Amber Wolford ▪ 576 S 4th East ▪ Rexburg, ID ▪ 208-497-7165 .pdf Andrew~1.pdf Andrew Wolford Fence Letter.pdf application/pdf C9374083BFC6BE489391CE504536EB29@rexburg.org EnUs