Staff Report with Exhibits 1-10.501 Roxbury Lane
PREPARED BY: MARIA CHAVARIN
Assistant Planner
Reviewed by: Planning Manager and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 11/08/2023
ITEM NO: 1
DATE: November 3, 2023
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 to Relocate an Existing Six-Foot Tall Fence
Within the Required Street Side Yard Setback on Property Zoned R -
1:8. Located at 501 Roxbury Lane. APN 407-31-026. Categorically Exempt
pursuant to the adopted Guidelines for the Implementation of the California
Environmental Quality Act, Section 15303: New Construction or Conversion of
Small Structures and Section 15301: Existing Facilities. Fence Height
Exception Application FHE-23-004. Property Owner/Applicant/ Appellant:
Jared Susoev. Project Planner: Maria Chavarin.
RECOMMENDATION:
Deny the appeal and uphold the Community Development Director decision to deny a fence
height exception request to relocate an existing six-foot tall fence within the required street
side yard setback on property zoned R-1:8, located at 501 Roxbury Lane.
PROJECT DATA:
General Plan Designation: Low Density Residential
Zoning Designation: R-1:8 – Single-Family Residential
Applicable Plans & Standards: General Plan, Residential Design Guidelines
Parcel Size: 9,885 square feet
Surrounding Area:
Existing Land Use General Plan Zoning
North Residential Low Density Residential R-1:8
South Residential Low Density Residential R-1:8 & R-1:10
East Residential Low Density Residential R-1:8
West Residential Low Density Residential R-1:8
PAGE 2 OF 7
SUBJECT: 501 Roxbury Lane/FHE-23-004
DATE: November 3, 2023
CEQA:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act, Section 15303: New Construction or Conversion of
Small Structures and Section 15301: Existing Facilities.
FINDINGS:
▪ The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15303: New
Construction or Conversion of Small Structures and Section 15301: Existing Facilities.
▪ As required by Section 29.40.0320 of the Town Code for granting a Fence Height Exception.
ACTION:
The decision of the Planning Commission is final unless appealed within ten days.
BACKGROUND:
The subject property is located at the corner of More Avenue and Roxbury Lane (Exhibit 1). All
surrounding properties are zoned for and developed with single-family residential uses.
On October 24, 2022, a building permit application was received for an addition to the main
residence. The building permit application established the front yard off Roxbury Lane, and
More Avenue as the street side yard. The application is currently in “issued” status and active.
On August 18, 2023, the Town received an application for a fence height exception request to
relocate an existing six-foot tall fence to a location within the required street side yard setback.
The letter of justification for the exception request is provided as Exhibit 5.
On September 22, 2023, the exception request was denied by the Community Development
Director as none of the required findings per Town Code Section 29.40.0320 could be made to
support the request (Exhibit 7).
On September 29, 2023, the property owner filed a timely appeal (Exhibit 8).
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The subject property is located at the corner of More Avenue and Roxbury Lane (Exhibit 1).
All surrounding properties are zoned for and developed with single-family residential uses.
PAGE 3 OF 7
SUBJECT: 501 Roxbury Lane/FHE-23-004
DATE: November 3, 2023
PROJECT DESCRIPTION (continued):
B. Project Summary and Zoning Compliance
The property owner is appealing the Community Development Director decision to deny a
fence height exception request to relocate an existing six-foot tall fence to a location within
the required street side yard setback along More Avenue.
DISCUSSION:
A. Fence Height Exception
The property owner is proposing to relocate an existing six-foot tall fence along More
Avenue from a location that complies with the required street side yard setback, to a new
location within the street side yard setback area. The fence is comprised of solid wood
materials and runs for approximately 70 linear feet along More Avenue. The existing and
proposed materials and design are suitable to the character of the immediate
neighborhood. The new proposed fence would be located 18-inches away from the
property line (along the edge of the concrete sidewalk) where a 15-foot setback is required
for a fence of this height.
The location of the current fence complies with the minimum required 15-foot street side
yard setback. Its current height (six-feet) complies with Town Code as the fence is located
outside of the minimum required 15-foot street side yard setback. The google imaging
platform shows that the existing fence was screened by a row of mature hedge/trees. A
building permit was secured for an addition and improvement to the residence resulting in
the removal of the hedge that served to screen the existing fence. As part of the
improvements, the property owner wishes to include the relocation of the fence for the
reasons mentioned in the letter of justification. Staff created an exhibit showing the
previous fence location and design and the current conditions of the site, which is provided
as Exhibit 10.
Per Town Code Section 29.40.0315, fences and gates are limited to six feet in height with
one foot of lattice on top (seven feet total), but are limited to, “three feet in height when
located within a required front or side yard abutting a street, driveway view area, traffic
view area, or corner sight triangle unless an exception is granted by the Town Eng ineer and
Community Development Director.” The proposed fence is limited to three feet by Town
Code, as it is within the required street side yard setback. The Parks and Public Works
Department evaluated the plans and concluded that the proposed fence is not expected to
reduce sight distance (Exhibit 4) to an unacceptable level and therefore, the fence height
exception as proposed is acceptable from a traffic perspective.
PAGE 4 OF 7
SUBJECT: 501 Roxbury Lane/FHE-23-004
DATE: November 3, 2023
DISCUSSION (continued):
Town Code Section 29.40.0320, provided below, allows an exception to any of the fence
regulations if a property owner can demonstrate that one of the following conditions exist.
Sec. 29.40.0320. - Exceptions.
An exception to any of these fence regulations may be granted by the Community
Development Director. A fence exception application and fee shall be filed with the
Community Development Department and shall provide written justification that
demonstrates one (1) of the following conditions exist:
(a) Adjacent to commercial property, perimeter fences or walls may be eight (8) feet if
requested or agreed upon by a majority of the adjacent residential property owners.
(b) On interior lots, side yard and rear yard fences, walls, gates, gateways, entry arbors,
or hedges, behind the front yard setback, may be a maximum of eight (8) feet high
provided the property owner can provide written justification that either:
(1) A special privacy concern exists that cannot be practically addressed by
additional landscaping or tree screening; or
(2) A special wildlife/animal problem affects the property that cannot be practically
addressed through alternatives. Documented instances of wildlife grazing on
gardens or ornamental landscaping may be an example of such a problem.
(c) At public utility facilities, critical infrastructure, and emergency access locations,
exceptions may be granted where strict enforcement of these regulations will result
in a security or safety concern.
(d) A special security concern exists that cannot be practically addressed through
alternatives.
(e) A special circumstance exists, including lot size or configuration, where strict
enforcement of these regulations would result in undue hardship.
The letter of justification (Exhibit 5) received with the fence height exception request cited
condition (b)(1) related to a privacy concern, (d) related to a security concern, and a noise
abatement concern that is not a listed condition for means to support a fence height
exception request.
For condition (b)(1), staff could not support the exception as subsection (b) only applies to
the side and rear fences on interior lots. This is a corner lot, and the exception is for the
street side yard; therefore, subsection (b) of Town Code Section 29 .40.0320 is not
applicable.
For condition (d), the provided justification is as follows: “With the large intersection at the
corner of Roxbury and More Ave, we have people continuously recklessly driving (spinning
doughnuts), this poses a huge threat as we have had folks crash into the property
PAGE 5 OF 7
SUBJECT: 501 Roxbury Lane/FHE-23-004
DATE: November 3, 2023
DISCUSSION (continued):
previously. Part of this is solved with the large tree in the front yard, however the
additional safety of a 6’ fence will provide additional protection for the property.”
However, even with consideration of the concerns stated by the applicant, staff was unable
to make the findings required by the Town Code related to privacy and security.
For noise abatement, the provided justification is as follows: “This intersection not only has
substantial traffic for both regular passenger vehicles, but also large trucks using this
intersection to reach the water treatment plant north of our property, a 6’ fence will help
remove some of this noise. Note this fence will be wood, not a true noise abatement
cement fence.” As noted above, noise abatement is not a listed condition for means to
support a fence height exception request. Therefore, Town staff could not support this
exception request for noise abatement concerns.
The Community Development Department denied the fence height exception on September
22, 2023 (Exhibit 7) for the reasons outlined above.
B. Appeal Analysis
The Decision of the Community Development Director to deny the fence height exception
was appealed on September 29, 2023 (Exhibit 8).
On October 8, 2023, a revised Letter of Justification (Exhibit 9) was received to support the
appeal of the decision of the Director of Community Development.
The revised letter added additional justification on the topics discussed above: privacy,
security, and noise. In addition, the revised letter of justification added concerns related to
condition (b)(2) related to wildlife, stating that numerous neighbors have lost animals
(chickens, turtles, and dogs) due to wildlife. Expressing that these types of wildlife are
hungry wild animals that roam freely in the neighborhood, coyotes, and bobcats specifically.
For condition (b)(2), staff could not support the exception as subsection (b) only applies to
the side and rear fences on interior lots. This is a corner lot, and the exception is for the
street side yard; therefore, subsection (b) of Town Code Section 29 .40.0320 is not
applicable. The property is located in an urbanized, residential subdivision. If the potential
of coyote and bobcat sightings were deemed a “special wildlife/animal problem,” then most
properties in the Town would be eligible. Additionally, the owners are allowed to have a
six-foot tall fence with one-foot of lattice above (seven feet total) if they locate the fence to
meet the required street side yard setbacks, as the existing fence currently does.
PAGE 6 OF 7
SUBJECT: 501 Roxbury Lane/FHE-23-004
DATE: November 3, 2023
DISCUSSION (continued):
The revised letter of justification also included a concern related to the containment of their
large dog. The property site has alternative locations to safely contain pet(s) while meeting
the rules and regulations of the Town as it relates to fences, including the fence in its
current location.
C. Environmental Review
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15303: New
Construction or Conversion of Small Structures and Section 15301: Existing Facilities.
PUBLIC COMMENTS:
Written notice was sent to property owners and tenants within 300 feet of the subject
property. At the time of preparation of this report, no public comment has been received.
CONCLUSION:
A. Summary
The property owner is requesting that the Planning Commission reconsider the Community
Development Director’s decision to deny the fence height exception to allow the relocation
of an existing six-foot tall fence within the required street side yard setback.
B. Recommendation
Staff recommends that the Planning Commission deny the appeal and uphold the
Community Development Director decision to deny the fence height exception application
based on the reasoning provided in this report.
C. Alternatives
Alternatively, the Commission can:
1. Continue the matter to a date certain with specific direction;
2. Grant the appeal and approve the fence height exception with the required findings in
Exhibit 2 and the draft conditions provided in Exhibit 3; or
3. Grant the appeal with additional and/or modified conditions.
PAGE 7 OF 7
SUBJECT: 501 Roxbury Lane/FHE-23-004
DATE: November 3, 2023
EXHIBITS:
1. Location Map
2. Required Findings
3. Recommended Conditions of Approval if Appeal is Granted
4. View Areas Diagrams
5. Letter of Justification, Received August 18, 2023
6. Site Plan from Applicant
7. Fence Height Exception Denial Letter, Dated September 22, 2023
8. Appeal of the Community Development Director Decision, Received September 29, 2023
9. Revised Letter of Justification, Received October 8, 2023; Neighborhood Outreach;
Renderings of Proposed Fence Location and Design; and Site Plan
10. Google Street View Images
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Update Notes:- Updated 12/20/17 to link to tlg-sql12 server data (sm)- Updated 11/22/19 adding centerpoint guides, Buildings layer, and Project Site leader with label- Updated 10/8/20 to add street centerlines which can be useful in the hillside area- Updated 02-19-21 to link to TLG-SQL17 database (sm)- Updated 08-23-23 to link to "Town Assessor Data" (sm)
EXHIBIT 1
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PLANNING COMMISSION – November 8, 2023
REQUIRED FINDINGS FOR:
501 Roxbury Lane
Fence Height Exception FHE-23-004
Consider an Appeal of a Community Development Director Decision to Deny a Fence
Height Exception Request to Relocate an Existing Six-Foot Tall Fence Within the
Required Street Side Yard Setback on Property Zoned R-1:8. APN 407-31-026.
Categorically Exempt Pursuant to the Adopted Guidelines for the Implementation of
the California Environmental Quality Act, Section 15303: New Construction or
Conversion of Small Structures and Section 15301: Existing Facilities. Fence Height
Exception Application FHE-23-004. PROPERTY OWNER/APPLICANT/APPELLANT:
Jared Susoev. PROJECT PLANNER: Maria Chavarin.
Required finding for CEQA:
■ The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15303: New
Construction or Conversion of Small Structures and Section 15301: Existing Facilities.
Required findings for granting a Fence Height Exception:
Per Town Code Section 29.40.0320, the applicant has provided written justification that
demonstrates one of the following conditions exist:
■ A special privacy concern exists that cannot be practically addressed by additional
landscaping or tree screening.
■ A special wildlife/animal problem affects the property that cannot be practically
addressed through alternatives. Documented instances of wildlife grazing on gardens or
ornamental landscaping may be an example of such a problem.
■ A special security concern exists that cannot be practically addressed through alternatives.
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EXHIBIT 2
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Condi�ons of Approval if Appeal is Granted.docx
PLANNING COMMISSION – November 8, 2023
DRAFT CONDITIONS OF APPROVAL
501 Roxbury Lane
Fence Height Exception FHE-23-004
Consider an Appeal of a Community Development Director Decision to Deny a Fence
Height Exception Request to Relocate an Existing Six-Foot Tall Fence Within the
Required Street Side Yard Setback on Property Zoned R-1:8. Located at 501 Roxbury
Lane. APN 407-31-026. Categorically Exempt pursuant to the adopted Guidelines for
the Implementation of the California Environmental Quality Act, Section 15303: New
Construction or Conversion of Small Structures and Section 15301: Existing Facilities.
Fence Height Exception Application FHE-23-004. PROPERTY OWNER/APPLICANT/
APPELLANT: Jared Susoev. PROJECT PLANNER: Maria Chavarin.
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the conditions
of approval and in substantial compliance with the approved plans. Any intensification
beyond this authorized use requires a Conditional Use Permit amendment.
2. EXPIRATION: The approval will expire two years from the approval date pursuant to
Section 29.20.320 of the Town Code, unless the approval has been vested per Section
29.20.335 of the Town Code. Reasonable extensions of time not exceeding one year
may be granted upon application, and can be granted if approved by the deciding body
prior to the expiration date. Therefore, it is recommended that applications for a time
extension be filed with the Community Development Department at least 60 days prior
to the expiration date of the approval.
3. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires
that any applicant who receives a permit or entitlement (“the Project”) from the Town
shall defend (with counsel approved by Town), indemnify, and hold harmless the Town,
its agents, officers, and employees from and against any claim, action, or proceeding
(including without limitation any appeal or petition for review thereof) against the Town
or its agents, officers, or employees related to an approval of the Project, including
without limitation any related application, permit, certification, condition,
environmental determination, other approval, compliance or failure to comply with
applicable laws and regulations, and/or processing methods (“Challenge”). Town may
(but is not obligated to) defend such Challenge as Town, in its sole discretion,
determines appropriate, all at applicant’s sole cost and expense.
Applicant shall bear any and all losses, damages, injuries, liabili�es, costs, and expenses
(including, without limita�on, staff �me and in-house atorney’s fees on a fully-loaded
basis, atorney’s fees for outside legal counsel, expert witness fees, court costs, and
EXHIBIT 3
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Condi�ons of Approval if Appeal is Granted.docx
other li�ga�on expenses) arising out of or related to any Challenge (“Costs”), whether
incurred by Applicant, Town, or awarded to any third party, and shall pay to the Town
upon demand any Costs incurred by the Town. No modifica�on of the Project, any
applica�on, permit cer�fica�on, condi�on, environmental determina�on, other
approval, change in applicable laws and regula�ons, or change in such Challenge as
Town, in its sole discre�on, determines appropriate, all at the applicant’s sole cost and
expense. No modifica�on of the Project, any applica�on, permit cer�fica�on, condi�on,
environmental determina�on, other approval, change in applicable laws and regula�ons,
or change in processing methods shall alter the applicant’s indemnity obliga�on.
30’
RIGHT-OF-WAY/PROPERTY LINE
30’
NOT TO SCALE STREET STREET C L
30’
30’
LEGEND:
Corner Sight Triangle
CORNER SIGHT TRIANGLE
200’
EDGE OF ROADWAY/FACE OF CURB
RIGHT-OF-WAY/PROPERTY LINE
NOT TO SCALE STREET STREET C L
200’
200’
LEGEND:
Traffic View Area
TRAFFIC VIEW AREA
EDGE OF ROADWAY/FACE OF CURB
200’
15’
15’
EXHIBIT 4
DRIVEWAY VIEW AREA
FRONT AND STREET SIDE YARD AREA
NOT TO SCALE
NOT TO SCALE STREET SIDE YARD SETBACK REAR YARD SETBACK
FRONT YARD SETBACK
PROPERTY LINE
LEGEND:
Driveway View Area
LEGEND:
Front and Street
Side Yard Area
STREET
SIDEWALK
PROPERTY LINE
DRIVEWAY
10’
10’
Sidewalk Example
STREET
PROPERTY LINE
DRIVEWAY
10’
10’
No Sidewalk Example STREET SIDE YARD SETBACK STREET
Jared Susoev
501 Roxbury Ln.
Los Gatos, Ca 95032
We 8/11/23
Town of Los Gatos
Permit office
110 E. Main St.
Los Gatos, CA 95032
Subject: Petition for 6' Fence Exception Request
Dear Town of Los Gatos,
I hope this letter finds you well. I am writing to respectfully request an exception for a 6' fence
height in accordance with the regulations set forth by the town of Los Gatos in section
26.10.065 for corner sight view regulations. My intention is to relocate an existing 6' fence closer
to the property line, necessitating this request.
As a responsible property owner, I understand and appreciate the importance of adhering to the
town's guidelines for fencing. I have attached photographs of neighboring properties within our
community that have fences at the requested 6' height. These examples demonstrate that such
fences can coexist harmoniously with the surrounding landscape and contribute positively to the
aesthetics of the area.
My proposed fence relocation is motivated by a current remodel that is pushing the fence line
out, while maintaining the current 6’ height. This will solve a number of concerns we currently
have should we not be able to maintain the 6’ height. These are listed below:
1.Privacy, due to the busy traffic from traffic we need to maintain a yard that keeps the
privacy and safety of our young children as our top concern. This is easily solved with a
6’ privacy fence.
2.Security, with the large intersection at the corner of Roxbury and More Ave, we have
people continuously recklessly driving (spinning doughnuts), this poses a huge threat as
we have had folks crash into the property previously. Part of this is solved with the large
tree in the front yard, however the additional safety of a 6’ fence will provide additional
protection for the property.
3.Noise abatement, this intersection not only has substantial traffic for both regular
passenger vehicles, but also large trucks using this intersection to reach the water
EXHIBIT 5
treatment plant north of our property, a 6’ fence will help remove some of this noise.
Note this fence will be wood, not a true noise abatement cement fence.
The current fence line sits angled between 10.5’ and 23.5’ from the existing sidewalk edge. The
proposed new fence will create a uniform line 18” from the sidewalk line enhancing the curb
appeal, and will sit 30” behind the house line which is marked at 28’9” from the sidewalk,
making it a 31’ 6” set back from the property line, leaving ample view for vehicular travel
heading west on Roxbury Ln. through to North on More Ave. Due to the large corner in place to
alot for through truck traffic to Rinconada water treatment plant the normal site triangle should
not apply to this intersection. See attached site survey with proposed new fence lives.
I kindly request that the town's authorities review my situation and grant an exception for the 6'
fence height to accommodate the proposed relocation. I assure you that I will take all necessary
steps to ensure that the fence's appearance and quality remain consistent with the town's
standards.
Thank you for your time and consideration of my petition. I am open to any discussions or
meetings that may be required to address any concerns or provide additional information. Your
assistance in this matter is greatly appreciated.
Sincerely,
Jared Susoev
Attached you will find the surveyor site plans.
Below are images from neighboring houses that have similar exceptions to the current fence
lines that we are requesting.
Pollard Ct and Pollard Rd intersection
Pollard Ct and Pollard Rd intersection Cont:
Bearden and Pollard Rd
Bearden and Pollard Rd Cont.
More Ave Southbound Across from treatment plant down to Roxbury Ln
More Ave Southbound Across from treatment plant down to Roxbury Ln Cont.
Current Fence line for 501 Roxbury Ln
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TOWN OF LOS GATOS
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
(408) 354-6872 Fax (408) 354-7593
September 22, 2023
Jared Susoev
501 Roxbury Ln.
Los Gatos, CA 95032
Via email
RE: 501 Roxbury Ln.
Fence Height Exception (FHE-23-004)
Requesting Approval for an Exception to Relocate an Existing Six (6) Foot Tall Fence
Within a Required Street Side Yard Setback on Property Zoned R-1:8. APN 407-31-026.
PROPERTY OWNER/APPLICANT: Jared Susoev
The Los Gatos Community Development Department and Parks and Public Works Department
have reviewed the referenced application for a Fence Height Exception pursuant to Section
29.40.0320 of Chapter 29 of the Town Code. The Parks and Public Works Department did not
express concerns with the proposal; however, the Community Development Department was
unable to make the findings required by the Town Code related to privacy and security. The
Fence Height Exception request is hereby denied based on the above reasoning.
PLEASE NOTE: Pursuant to Section 29.20.255 of the Town Code, this decision may be appealed
to the Planning Commission within 10 days of the denial date. Any interested person may
appeal this decision to the Planning Commission. Appeals, with the c ompleted Appeal Form and
appeal fee payment, must be submitted within 10 days from the date of denial, or by 4:00 p.m.,
September 18, 2023.
If you have any questions concerning this decision, please contact Project Planner, Maria
Chavarin at (408) 354-6807 or via e-mail at mchavarin@losgatosca.gov
Sincerely,
Maria Chavarin
Assistant Planner
CIVIC CENTER
110 E. MAIN STREET
LOS GATOS, CA 95030
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EXHIBIT 8
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Jared Susoev
501 Roxbury Ln.
Los Gatos, Ca 95032
We 8/11/23
Town of Los Gatos
Permit office
110 E. Main St.
Los Gatos, CA 95032
Subject: Petition for 6' Fence Exception Request
Dear Town of Los Gatos,
I hope this letter finds you well. I am writing to respectfully request an exception for a 6' fence
height in accordance with the regulations set forth by the town of Los Gatos in section
26.10.065 for corner sight view regulations. My intention is to relocate an existing 6' fence closer
to the property line, necessitating this request.
As a responsible property owner, I understand and appreciate the importance of adhering to the
town's guidelines for fencing. I have attached photographs of neighboring properties within our
community that have fences at the requested 6' height. These examples demonstrate that such
fences can coexist harmoniously with the surrounding landscape and contribute positively to the
aesthetics of the area. These photos also represent that every other fence on More Ave. is at 6’
and keeping ours at 6’ will maintain the consistent aesthetic appeal of our neighborhood.
My proposed fence relocation is motivated by a current remodel that is pushing the fence line
out, while maintaining the current 6’ height. This will solve a number of concerns we currently
have should we not be able to maintain the 6’ height. These are listed below:
1. Privacy, due to the busy traffic from the intersection at More Ave and Roxbury Ln. we
need to maintain a yard that keeps the privacy and safety of our young children as our
top concern. This is only solved with a 6’ privacy fence.
2. Security, with the large intersection at the corner of Roxbury and More Ave, we have
people continuously recklessly driving (spinning doughnuts), this poses a huge threat as
we have had folks crash into the property previously. Part of this is solved with the large
tree in the front yard, however the additional safety of a 6’ fence will provide additional
protection for the property.
EXHIBIT 9
3. Noise abatement, this intersection not only has substantial traffic for both regular
passenger vehicles, but also large trucks using this intersection to reach the water
treatment plant north of our property, a 6’ fence will help remove some of this noise.
Note this fence will be wood, not a true noise abatement cement fence.
4. Numerous neighbors have lost animals (chickens, turtles and even dogs) due to the
wonderful wildlife we get to enjoy, but also aware that these are hungry wild animals that
roam freely in the neighborhood, Coyotes and Bobcats specifically.
5. We have a large dog who is friendly, but would not be contained with a 3 foot fence
surrounding our property.
Alternate measures of installing bushes or other natural barriers have been tried before and end
up posing more problems than benefits. Folks use them as personal garbage cans and a safe
place to store alcohol containers, not to mention as a haven for rodents and other unwanted
habitants. The previous Juniper bushes overtook the area posed a larger burden to
The current fence line sits angled between 10.5’ and 23.5’ from the existing sidewalk edge. The
proposed new fence will create a uniform line 18” from the sidewalk line enhancing the curb
appeal, and will sit 30” behind the house line which is marked at 28’9” from the sidewalk,
making it a 31’ 6” set back from the property line, leaving ample view for vehicular travel
heading west on Roxbury Ln. through to North on More Ave. Due to the large corner in place to
alot for through truck traffic to Rinconada water treatment plant the normal site triangle should
not apply to this intersection. See attached site survey with proposed new fence lives.
I kindly request that the town's authorities review my situation and grant an exception for the 6'
fence height to accommodate the proposed relocation. I assure you that I will take all necessary
steps to ensure that the fence's appearance and quality remain consistent with the town's
standards.
Thank you for your time and consideration of my petition.
Sincerely,
Jared Susoev
Attached you will find the surveyor site plans.
Below are images from neighboring houses that have similar exceptions to the current fence
lines that we are requesting.
Pollard Ct and Pollard Rd intersection
Pollard Ct and Pollard Rd intersection Cont:
Bearden and Pollard Rd
Bearden and Pollard Rd Cont.
More Ave Southbound Across from treatment plant down to Roxbury Ln
More Ave Southbound Across from treatment plant down to Roxbury Ln Cont.
Current Fence line for 501 Roxbury Ln
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October 2023 EXHIBIT 10
December 2017