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Desk Item with Exhibit.100 Alerche DriveS:\PLANNING COMMISSION REPORTS\2021\10-27-21\Item 2 - 100 Alerche Dr\Desk Item\Desk Item.100 Alerche Drive.docx REMARKS: TOWN OF LOS GATOS PLANNING COMMISSION REPORT MEETING DATE: 10/27/2021 ITEM NO: 2 DESK ITEM Exhibit 12 includes additional public comment received between 11:01 a.m., Tuesday, October 26, 2021, and 11:00 a.m., Wednesday, October 27, 2021. EXHIBITS: Previously received with the October 27, 2021 Staff Report: 1. Location Map 2. Required Findings and Considerations 3. Recommended Conditions of Approval if Appeal is Approved 4. Project Description and Letter of Justification, received August 29, 2021 5. Neighborhood Pictures, received August 29, 2021 6. Property Pictures, received August 29, 2021 7. Project Plans, received August 29, 2021 8. Fence Height Exception Denial Letter, dated September 1, 2021 9. Appeal of Community Development Director Decision, received September 9, 2021 10. Neighborhood Support of Appeal, received September 9, 2021 PREPARED BY: RYAN SAFTY Associate Planner Reviewed by: Planning Manager and Community Development Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov DATE: October 27, 2021 TO: Planning Commission FROM: Joel Paulson, Community Development Director SUBJECT: Consider an Appeal of a Community Development Director Decision to Deny a Fence Height Exception Request for Construction of a Six-Foot Fence and Driveway Gate Located Within the Required Front Yard Setback on Property Zoned HR-1. Located at 100 Alerche Drive. APN 567- 18-069. Property Owner/Applicant/Appellant: Anirudh Chauhan. Project Planner: Ryan Safty. S:\PLANNING COMMISSION REPORTS\2021\10-27-21\Item 2 - 100 Alerche Dr\Desk Item\Desk Item.100 Alerche Drive.docx PAGE 2 OF 3 SUBJECT: 100 Alerche Drive/FHE-21-009 DATE: October 27, 2021 Previously received with October 27, 2021 Addendum Report: 11. Public comment received between 11:01 a.m., Friday, October 22, 2021 and 11:00 a.m., Tuesday, October 26, 2021 Received with this Desk Item Report: 12. Public comment received between 11:01 a.m., Tuesday, October 26, 2021 and 11:00 a.m., Wednesday, October 27, 2021 EXHIBIT 12 From: To:Ryan Safty Cc: Subject:Comments on the 2021 Fence Height Exception Appeal (FHE-21-009) Date:Wednesday, October 27, 2021 10:44:21 AM EXTERNAL SENDER Ryan, there are some comments on the 2021 Fence Height Exception Appeal (FHE-21-009). I am also sharing these comments with Ani Chauhan, so I don’t need them to be held back. Foundational principal Laws are meant to be followed. I believe that building codes are a good thing, and should be followed unless there is a clear and justified need for an exception to be made. The code is a set of community standards made by our town. These standards create consistencies that give the community it’s look and cohesion. Alerche view cohesion While it is true that several houses on Alerche Dr., and also Crider Ct., have fences in front of the houses, only one of the first six houses has a fence. So, regarding the “blend with any house around” and “make neighborhood look coherent” claims of the appeal, neither the currently in-process or proposed fence blends in with the other 5 homes immediately across from or above the 100 house. That one house with a fence, at 105 Alerche, has a solid wood fence painted gray and which dramatically obscures the vista which is supposed to be one of the defining characteristics of HR1 housing zones. I think that this fence was erected in 2018/19, and completed the week before the current zoning rules came into effect. I was very disappointed that zoning allowed this. Regarding the appeal claim that the proposed fence “matches with what my front neighbor at 101 Alerche Drive installed couple of months back“: The fence at the 101 house does not match the proposed fence in that it does not go across the front of the house and is not close to the curb line (there is no sidewalk on that side of Alerche). From: To:Ryan Safty Cc: Alexa Nolder Subject:RE: 6 foot fence 100 Alerche Drive. 2021 Fence Height Exception Appeal (FHE-21-009) Date:Wednesday, October 27, 2021 11:00:01 AM EXTERNAL SENDER Ryan, here is the part I am OK with for the public record and to forwa My husband and I are neighbors of the Chauhan’s on Alerche Drive. We have lived at this address since 2001. We too have a back yard vineyard. We grow grapes and make wine for our own consumption and have done so for years. It is true that deer enjoy ripe grapes and will eat them if available. I can see the value of enclosing the front vines for that reason. I do not see any other reason to enclose the front of the house with a fence. The houses at 100, 101, 104, 105 and 108 were a common sub-division and subject to the terms of the DECLARATION OF RESTRICTIONS made by Dividend Development Corporation on 14 March 1986, stamped as having been Recorded with Santa Clara County, Official Records on 26Nov1986. Upon purchase, we were all made aware of these and I assume the Chauhan’s are no exception. Conformity in these 5 houses was breached in 2019 at 105 to all of our dismay with a wood fence close to the street, with no approval sought from neighbors and at the last minute before the HR1 fencing guidelines changed. Neighbors with addresses farther up the street, with the exception of the 2 horse farms, were built later and under different restrictions. The same with Crider Court properties. Thus, in my opinion the “conformity” of the properties on the street is valid, but moot. Does this mean that every house on Alerche Drive would need to put a sidewalk fence up to conform? Mr. Chauhan provides a picture of the property at 101 Alerche, directly across the street from him. He shows what is the “backyard fence” of the property along Harwood Road. At the corner of Alerche and Harwood, the fence makes a corner along Alerche. There is a fence and gate along the driveway which ends as they intersect with the house. Important to note is the front of the house facing on Alerche is not fenced. This is not shown in the picture Mr. Chauhan provides. As far as security goes, my husband and I are both senior citizens with the front of our house open to the sidewalk. We too have interesting fruits and objects in our front yard and there is a lot of foot and bike traffic on our street due to the connection to the Bel Gatos open space. So far, after 20 years no issues with security. Security has both objective and subjective aspects, and from my perspective is not a problem, but others might differ. I am sorry the family chose to start a project before checking in with the city to be sure it meets code. Whatever the outcome, we respect the city’s decision.