Published on October 21, 2013
Councillors discuss the fence at 965 Grace St. that is in violation of the boulevard bylaw at the Oct. 21, 2013 executive committee meeting.
Times-Herald photo by Lisa Goudy
Published on October 21, 2013
The modifications for the new fence at 965 Grace St. to accomodate the sight triangle are depicted.
Neil and Cheryl Ingalls will need to fix their fence on Grace Street.
Executive committee decided to uphold the city order for the Ingalls’ fence at 965 Grace St. that is in violation of the boulevard bylaw, as recommended by city administration. Executive’s decision will need to be ratified by council at the next council meeting.
If ratified, the Ingalls will have until Nov. 30 to comply. Failure to do so may result in the city doing the work with costs added to the property taxes and may include a fine of up to $2,000.
“The fence takes in 13 feet of city property inside (the) yard,” said Coun. Brian Swanson. “(The Ingalls) didn’t get a permit to build a fence on city property … I don’t see any way around it. Because the fence is on city property, the city can say what the fence dimensions should be.”
A parks and recreation report said an 18-ft. by 15-ft. section of the fence needs to be eliminated for the appropriate sight triangle. Sight triangles are formed at an intersection and are created by two roads and a third line. The triangles must be kept clear to ensure drivers can see approaching cars on the other road.
The fence creates a sight triangle issue with 10th Avenue Northwest relating to the vehicles that drive out of the alley. The report said the sight triangle will be 15 ft. from the property line on 10th Avenue Northwest and 18 ft. from the curb and gutter on the lane.
“The new fence is so far out on the boulevard,” said Mayor Deb Higgins. “When you’ve moved out that far, it causes a number of concerns and the bylaws are there for a reason.”
Before Monday’s meeting, Cheryl Ingalls said other people have pointed out similar fences to the Ingalls’ fences.
“They don’t seem to be after everybody else in Moose Jaw for all this liability stuff. (It’s) kind of strange,” said Ingalls.
At Monday’s meeting, she said her fence is a small issue compared to other city items.
“Not just myself, but several people around the city are upset about this,” said Ingalls. “There’s bigger issues in the city with bigger liability problems than my fence.”
The report said bylaw enforcement is driven by complaints and so other fences in the city might not meet the boulevard bylaw.
The new information in the report said changing the fence for the sight triangle wouldn’t affect the deck around the pool and there would be “ample room for the residents to walk around the pool.”
Coun. Don Mitchell, who was absent from the Oct. 7 executive committee meeting, said there is “inconsistency in our enforcement of bylaws.”
“But I think the justification for the bylaw in terms of safety concerns and setbacks and sight lines is valid and we have to apply it more consistently,” he said. “(There are likely) lots of infractions of the bylaw that haven’t been enforced, but unless we’re going to eliminate the bylaw and the issue that it’s trying to address or amend it in someway, I don’t see how we can avoid accepting the recommendation.”
Only Coun. Dawn Luhning was opposed to the motion and so it was carried. Coun. Patrick Boyle wasn’t present at the meeting.
Follow Lisa Goudy on Twitter @lisagoudy.