‘I’m afraid to go over there’
Property dispute comes before city council
Staff writer
A Marion resident says he may take legal action if a dispute with a neighbor over property access can’t be resolved.
Kim Friesen, 219 N. Cedar St., told Marion City Council during Monday’s meeting that the dispute began when he needed access to his neighbor’s property to perform work on his roof.
Friesen’s house sits close to the property line, leaving him with limited space to reach the roof from that side of his own property.
The situation, he said, is partly the result of zoning regulations in effect when his home was built. Regulations at the time, Friesen said, allowed homes to be closer to property lines than current rules permit.
Under Marion’s current zoning regulations, a dwelling generally must have an eight-foot yard on each side. Friesen’s home was built in 1962, well before the current setback requirement was adopted.
“I’m thinking about suing the city,” he said.
Police have been called during the dispute when Friesen attempted to work on his house from the neighboring property, he said.
“I’m afraid to go over there,” Friesen said. “I’m afraid to get arrested for trying to work on my own house. Are you guys really going to do that?”
His neighbor, Amber Schlesener, 215 N. Cedar St., declined to comment on the dispute.
The Record attempted to interview her. She briefly excused herself to speak with her “boss.” When she returned, she said she would need to “contact my attorney on this” before providing further comment.
Mayor Michael Powers asked whether the city could consult with city attorney Brian Bina about creating an ordinance establishing a “right to access” in situations such as Friesen’s.
EBH engineer Darin Neufeld said the city could not force an access agreement or otherwise intervene in a private property dispute. He said homeowners in similar situations had been able to reach agreements allowing access. He estimated about 12 to 15 properties in Marion face similar circumstances.
If an agreement is put in writing and “filed in the courthouse,” Neufeld said, the right of access carries over to future homeowners.
“Legally, that’s the only way you can do it,” he said. “The city itself cannot force that.”
Council member Kevin Burkholder asked whether Friesen, if an agreement could not be reached, would have to take matters to court.
Neufeld said yes.
Friesen said he thought the city should take action before he was forced to pursue legal avenues.
“A citizen shouldn’t have to spend $4,000 to sue for right of access and have a judge say, ‘Yeah, you can do it. Go ahead,’ just to paint my house or something like that,” he said. “That’s just ridiculous.”
When he bought his house, Friesen said he understood how close it was to the property line and did not expect the proximity to become a problem.
One of the projects Friesen mentioned involved re-roofing. Although there appears to be sufficient space on his property to use a step ladder to paint walls or work on eaves, the only area in which re-roofing debris couldn’t easily be removed would be Schlesener’s driveway.
The council took no action on the matter Monday.
They did, however, move forward with a Kansas Department of Transportation street assistance grant in conjunction with the school district to reconstruct four blocks of city streets and parking spaces near the middle and high schools.
After the school board approved applying for a grant that would pay 75% of the cost, the city council unanimously approved applying for a grant that would pay only 70%. Because of that, Neufeld said, he will need to return to the school board to determine whether it can cover the additional cost.
At 25%, the district would pay $40,121.45. At 30%, it would pay $48,145.74.
The project’s total cost is estimated to be $909,760. The school district would cover 17.6% of the local project cost while accounting for roughly 20% of the work.
The city’s share would be $224,782.26.
“The school’s just acting as kind of a sub-financer to you,” Neufeld said.
Marion would pay a contractor and KDOT would send its full 70% reimbursement. The school district would then reimburse the city for its share of the project.
Construction would include two blocks of Roosevelt St. from Sherman to Kellison Sts. away from the school in addition to a block of Weldon St. from Lincoln to Cedar Sts., a block of Weldon St. from Freeborn to Coble Sts., and parking spaces along Lincoln St. from Main to Weldon Sts. near the schools.
Marion should know by November whether it will receive the grant. If so, the project could potentially be put out to bid by April or May.