Fence Divides Neighbors, Land In Dead-End Alley

A fence through the middle of an alley here has neighbors pointing fingers at each other and the city.

Residents Cliff Streeter and Brian Delaney charge their neighbor, a city employee, peddled influence to erect a private fence on public property.

City officials - including fence owner Larry Patton, an assistant superintendent for the water department - say that’s ridiculous. The fence was built with former neighbors’ consent and without city knowledge, they say.

City Council members will review the situation at the first General Services Committee meeting in February. They may order their employee to take it down.

“I’m not going to say who is right and who is wrong, but I am going to say it was handled wrong from the start,” said Councilman Kevin Packard. “I’m not sure there’s a perfect resolution.”

Eighteen months ago, Patton, who lives at 1931 Syringa Drive, put up a chain-link fence along an alley beside his home. The fence starts roughly a third of the way back along one side of Patton’s property. The now-grassy alley dead-ends at Interstate 90 behind his house.

The fence splits the alley in half, giving each neighbor about 50 percent of the portion of the alley adjacent to their land. If the city were to vacate its ownership, that’s what residents would get anyway, Patton said.

“Right now, we’ve got the best of both worlds,” said Patton. “We’re using the property, but we don’t have to pay taxes on it.”

But Patton’s neighbors don’t see it that way.

The fence completely blocks alley access to Delaney’s back yard. The fence was there when he moved in a year ago.

“It’s not right at all,” Delaney said. “I’m paying rent for a camper that I could be storing in my yard, but I can’t get it there.”

And Streeter, who also lives on the alley, said he can’t extend the fence the full length of his front yard because Patton would howl.

“I understand Delaney’s concern, but I wouldn’t be happy if Mr. Streeter put up a fence,” Patton said.

Though the fence is on city property, the dead-end means the alley is rarely used by the city, said code enforcement officer Paul Telebar. Residents often adopt alleys as part of their yards.

“The city doesn’t usually get involved unless there’s a complaint,” he said.

Streeter maintains he complained to Telebar more than a year ago, but was ignored.

“It’s the principle,” he said. “I couldn’t get away with it because I don’t work for the city.”

Telebar insists he was never informed and says Streeter’s charge is ridiculous.

“I don’t recall ever meeting with him and he certainly didn’t file a written complaint,” Telebar said. “If I’d had a written complaint, I would have looked into it.”

The City Council became aware of the situation Jan. 9, when they were asked to vacate the alley. They decided against it. Sewer lines run below the alley.

City administrator Ken Thompson said the city will decide early next month what to do about the fence.

“Mr. Streeter has every reason to be upset,” said Packard. “I think he has every right to request the fence comes down.”

Patton said he is aware the city might make him take it down.

“If that’s what they want, I’ll do it,” he said.