Horseshoe Bay home owner seeks exemption for fence on public boulevard

District of West Vancouver staff is recommending council deny an Encroachment Permit to a Horseshoe Bay homeowner who is asking for a private fence to be allowed on public property.

The property is situated at the corner of Nelson Avenue and Douglas Street, though Douglas Street is a dead end and not connected to Nelson Avenue.

The fence is installed on the boulevard on the east side of Nelson Avenue between the existing sidewalk and property lines of 6560 and 6570 Nelson Avenue.

The wooden fence is approximately six feet in height, but district isn’t sure when it was installed, according to a staff report to council.

A building permit at this property was issued for a new house in 2018, and it is currently under construction and nearing completion.

The fence was shown on the landscape plans submitted with the building permit application.

District staff inspected the site in August 19 and told the owners in writing that the fence was in contravention of the accepted building permit drawings and was to be removed or relocated to private property.

The owners requested to keep the fence in the current location, but the request was denied by the Director of Planning on September 15, 2021.

District staff says fence encroachment would interfere with access to the water service and water meter for 6560 Nelson Avenue, is not “semi-permanent” and would not be easily removed, and provides exclusive benefit and use of the boulevard adjacent to 6560 Nelson Avenue.

The owners are now appealing to Council to reverse the decision by the Director and to allow the fence to remain in its current location within the boulevard.

Council will discuss the issue at a meeting on November 25.