A fence too far, says district

A West Vancouver homeowner has less than a month to remove a fence and retaining wall that extend from their property onto the municipal boulevard and make the street unsafe.

City staff say the encroachments at 3390 Radcliffe Ave. are located too close to the road surface, meaning cars parked along the side of the property jut out into the traffic space, and they also have the effect of privatizing municipal property.

Council agreed, and on Jan. 24 gave the homeowners 30 days to clear up the problem or have city crews do the work for them and send them the bill with the property tax notice.

However, the homeowners say they should have been informed of the problem when they were approved for a development variance permit to build their home in 2004.

As part of that process, a hedge and wooden fence that also extended off the property were removed, yet Brandon J. Smith, the family lawyer, said they weren't told of any problem with the retaining wall and shouldn't be forced to remove it now.

"I think it's defended by law that if there was an obligation on them to excavate or remove that encroachment, then that should have been made clear," he said. "It was not."

The decision for enforcement was made after a neighbour complained about the property.

Copyright (c) North Shore News

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A fence too far, says district