CITY OF SUNNYVALE
ADMINISTRATIVE HEARING
MINUTES
Wednesday, July 28, 2004
2004-0528 - Application for a Use Permit on a 7,187 square-foot site to allow a reducible front-yard fence that is greater than seven feet in height. The property is located at 1124 Spinosa Drive in an R-1 (Low-Density Residential) Zoning District. (APN: 202-08-034) GC
In attendance: Bertrand Chevalier, Applicant; David and Frances Bartholomew; Fred Bell, Administrative Hearing Officer; Gerri Caruso, Project Planner; and, Gloria Barron, Recording Secretary.
Mr. Fred Bell, Administrative Hearing Officer, on behalf of the Director of Community Development, explained the format that would be observed during the public hearing.
Mr. Bell announced the subject application.
Gerri Caruso, Project Planner, presented the staff report. She summarized the subject application and noted that the fence would protect the vision triangle and the visibility of a neighbor who has their driveway directly behind the rear property line of the site. Staff recommended approval of the Use Permit subject to the Conditions of Approval as recommended by staff.
Mr. Bell asked staff if she had considered a 3 foot dimension between the retaining wall and fence. Staff responded that she would be concerned because of the vision triangle and would probably have someone from Traffic Engineering determine if it is still safe. She stated that landscaping would reduce the imposing appearance of the fence that staff was concerned about.
Mr. Bell announced that he read the staff report, did a site visit and read the letter in opposition of the Use Permit.
Mr. Bell opened the public hearing.
Bertrand Chevalier, Applicant, thanked staff for the opportunity to speak on the application. He referred to the 10 foot vision triangle and proposed a modification to the fence to allow full clearance of the vision triangle and submitted a diagram. He also submitted pictures showing different fences throughout the neighborhood which would be similar to his design. He stated that he had the support from some of his neighbors.
Mr. Bell stated that he noticed that the five foot setback from the retaining wall to the fence was not planted and asked Mr. Chevalier if the area has always been that way. Mr. Chevalier responded that he recently bought the house and removed weeds that were growing there. He stated that he does have plans to plant something there and include irrigation. Mr. Bell confirmed with Mr. Chevalier that the purpose for extending the fence out to the property line is to provide additional usable rear yard. Mr. Chevalier agreed and stated that he would like the additional space and will put plants in the backyard. Mr. Bell then asked Mr. Chevalier what he thought about a 3 foot separation between the retaining wall and fence versus the 5 foot setback that he was requesting. Mr. Chevalier expressed his concerns and stated that he would want to plant some nice flowers and would like to have the room for it.
Mr. Bell closed the public hearing.
Mr. Bell stated that he shares community concerns to have the fence brought out to the property line up to the existing retaining wall. He stated that a narrow planter would be insufficient and do damage to the fence or retaining wall.
Mr. Bell approved the Use Permit with the Finding provided by staff with the Conditions of Approval recommended by staff with a modification to Condition of Approval #1 to state that the fence shall be 3 feet behind the retaining wall and the clear view triangle shall be maintained to the adjoining property.
Mr. Bell stated that the decision is final unless appealed during the 15-day appeal period.
The meeting was adjourned at p.m.
Minutes approved by:
Fred Bell,
Principal Planner