Hubbard's Annex Cottage Fence Plan Sparks Debate
City To Study Straus Proposal Further
By Leslie Rott

A request to fence off public property along Lake View Boulevard in Hubbard's Annex is being studied by the city's Streets and Sidewalks Committee following a heated debate during a committee meeting Tuesday, May 9. The committee decided to review the matter further after some members protested the private use of the street right-of-way proposed by Lorna and Fran Straus for their cottage (the former Nagy cottage) on the bluff. Updated plans for the property were not available to the committee, it was also noted.

The Strauses seek to build the new fence after they removed an old fence and an overgrown hedge that ran along the property line. The proposed fence, however, would encroach on the city-owned right-of-way. They have asked the city for a use permit for the city property.

Committee member Mike Hart suggested that the Strauses build the new fence along the property line.

"If they want to build a fence," he said, "they can build it on their property."

Among the concerns of the committee members is that the Strauses would not be paying taxes on the fence if it is on city property and that the fence line could misrepresent the lot boundary in the future when the property is sold. Members also worried about the need to accommodate future heavy traffic flow and the potential for large development in the area which might require full use of the right-of-way and noted that there are no other similar permanent structures erected on city-owned property with a use permit.

City attorney Tom Evashevski cautioned that their decision should ensure that the Strauses cannot argue that they are being treated differently than others who have been allowed to encroach on the right-of-way.

"The one thing I don't think we've ever done," however, he admitted, "is allow someone to exclude the public with a use permit."

Mr. Hart agreed, saying that allowing the fence to be built would be "a surrendering of public land for private use."

The committee had met to review the plans and the issue was going to be voted on by the city council Wednesday, May 10, but the issue was tabled because revised plans for the fence had not been received.

"Because of the fact that we don't have the (new) proposals, maybe this shouldn't even come to the table tomorrow night," said Mayor Margaret Doud. "I don't see how we can act on this."

The Strauses were not present at Tuesday's meeting.