Title
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A LICENSE AGREEMENT FOR A FENCE AT 188 HUDSON STREET.
Executive Summary: Kate Harmon and Jeffrey Etters, property owners of 188 Hudson Street, would like to place a fence in front of their home. Due to the location of their home a fence in front of it would have to be in the right-of-way. The License Agreement would allow the fence and set forth terms specifying its location and other matters.
Body
Legislative History
Somewhat related are recent authorizations to enter into license agreements for signs in the right-of-way for Collection Auto Group and Legacy Builders along State Route 91. This license agreement is modeled after those.
Purpose & Explanation
Property owners at 188 Hudson Street would like to put a fence in their front yard. The LDC requires that fences be inside private property lines. Due to the home being at the front property/right-of-way line a fence in the front yard must be in public right-of-way. The fence would be placed at the front sidewalk, which is typical in the historic district and other locations throughout the City. Staff is not aware of another situation like this.
The Architectural and Historic Board of Review acting on a recommendation of its Historic District Subcommittee approved the fence as proposed conditioned on execution of the License Agreement. At the request of AHBR the applicant reduced the height of the fence from 36 inches to 30 inches.
Staff has also examined the fence for conflicts with City utilities. Staff has no concerns, but recommends that the applicant contact the Ohio Utilities Protection Service before installing the fence.
Timing Considerations
Staff recommends this matter be placed on the consent agenda of February 20, 2013 for final action. AHBR approved the design of the fence at its meeting of January 23, 2013.
Fiscal Impact
Currently Budgeted
Supplemental Appropriation Required
X Appropriation Not Required.
Recommendation
Suggested Action
Staff recommends Council approve a Resolution authorizing the City Manager to execute the said License Agreement.
Submitted by,
Mark Richardson, Community Development Director