FOR GOOD CAUSE. These three words are what prevented an agreement between the owner and the city. Kildare's owner had addressed the issues stated by the city: the height of the fence and the liability issue. The remaining issue was the city’s right to revoke the license agreement at will. The original agreement allowed the city to revoke the license at any time for any reason or no reason at all. The owner asked that the city include language in the agreement that the license was revocable “for good cause”. This was denied and the city chose to revoke the original agreement. (See the “In Summary” video below.) Keep in mind, the fence was built (more accurately - begun to be built) with the city’s permission. They approved the license (with no restrictions) which they later revoked.
Do you agree with the city on this? Would you be willing to invest time and money in a project that the city could require you to remove at any time without stating a reason? This language would not prevent the removal of the fence if a problem or need was determined. It would simply require it to be stated. Why would the city be unwilling to add this language? Why would they need or want the power to revoke the agreement without a good cause?
Keep in mind the purpose of the fence is to secure and protect the property so that restoration can continue. The city has argued that the owner could build the fence he desires on his own property. Why would this not work? There are several reasons. If you consider the harassment and vandalism issues that have been ongoing for five years and continue to this day, it would make the target even more accessible to the culprits (see the videos on the harassment page) - over 20 feet closer on the north end of the property. The target is both the house and its occupants. Think about how close to the road the house currently sits. There is also the issue of how little usable land would be left in front of this grand house. If the fence were placed on the current property line, you would not be able to enter the property from the north and pull through the porte-cochere on the front of the house.
If you do not agree with the city on this, please let them know. Send our elected officials an email encouraging them to continue discussions with the owner and to add those important words “for good cause”. The survival of Kildare is a good cause. Let your voice be heard. (For even more information about the fence please visit the fence page)
If the above link does not work, copy and paste the following addresses into your email program: