Riverview Drive homeowners must build own fence

Posted Jan 26, 2012 By Derek Dunn

EMC News - Riverview Drive homeowners who asked for the town or a new developer to build a fence across their backyards won't get one, Arnprior council decided at Monday's meeting.

Council chambers were full at the Jan. 9 meeting with residents upset that a planned Fourth Avenue subdivision would bring more pedestrians to the area.

The worry was that trespassing across their collectively-owned private property at rear of their yards would become a problem.

This week staff told council that it would be "precedent-setting" to force a developer to build a fence between properties with similar uses.

"Staff is concerned that the requirement for the developer to provide a fence in this instance would be precedent-setting," planner Robin Smith wrote in the report.

"While the existence of a right-of-way on the abutting properties is unusual, there does not appear to be a justification for putting the cost of fencing on the developer as property owners have the right to fence their own properties. Therefore, staff does not recommend requiring a fence to be installed at the cost of the developer."

Smith went on to suggest homeowners install a fence at their own expense, install 'No Trespassing' signs, or give up the right-of-way, with guidance from a lawyer.

A letter from the town will be sent to affected Riverview Drive homeowners.

A couple who asked the town to pay and build the fence, Mark and Jennifer Cloutier, could not be reached for comment. Neither council nor staff discussed the suggestion.

PUBLIC WALKWAY

The town will build a public walkway on a six-metre wide strip of land to link municipally-owned lands fronting on Seventh Avenue with a sidewalk. It will be paved and a chain-linked fence installed on both sides, between house numbers 55 and 57. It will be paid-for by the developer, Dave Simpson.

Staff referred to the town's official plan, which encourages pedestrian linkages between parklands - including the ABBA ball diamonds - and to encourage less driving.

There is no plan to build a similar pathway on a smaller strip of land nearby.

derek.dunn@metroland.com