HomeMy WebLinkAboutAndrew Wolford Fence LetterAndrew & 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