Exhibit 10 - Revised Letter of Justification, Received September 22, 2024Supporting Letter for Fence Height Exception Appeal (FHE-24-003)
Esteemed members of the Planning Commission,
We are writing to appeal the decision of director of community development regarding
our fence height exception appeal FHE-24-003 for the following reasons:
The way our lot is configured, most of our open land is either on the side yard or on the
front yard and our backyard is quite narrow [Pic 1]. Since Westchester Drive is a through
street with traffic, we have not fenced anywhere on that street, our fence is about 40ft
from the intersection of Westchester Dr and Adrian Plaza, abutting Adrian Pl which is a
cul-de-sac with minimal vehicular traffic [Pic 2]. Our backyard is a rather narrow strip of
land with a tall fence with our immediate neighbor because their house is at a higher
altitude [Pic 2]. Because of the difference in the altitude between our homes, there is a
raised bed planter right next to the fence on our side making the usable backyard
narrower [Pic 3]. On the other side of this tall fence is our neighbor’s side yard which is
quite narrow making their house effectively very close to our backyard. We worry any
noise/music/kids’ activities in that part of the backyard will reach our neighbors home
quite easily causing disruption to them.
EXHIBIT 10
Pic 1: Most of the land is either on the front yard or side yard
Pic2: Fence is more than 40ft from the intersection
Pic 3: Height of the fence adjacent to the neighbor and proximity to their house
We have two young boys, ages 7 and 3 respectively, who need open and safe space to
play. Our neighborhood sees a heavy pedestrian traffic. With kids so young, a 3 ft fence
will have them exposed to all the passersby and some pets that tend to be aggressive.
Given how young and eager to make friends they are, a 3 ft fence in that area of the
house will make it practically unusable by our kids. Our backyard is so narrow that we
cannot put a play structure or even a basketball hoop for our kids to play[Pic 4]. In
addition, we also want to eventually get a dog. Without the side yard being covered,
that cannot become a reality as there will not be enough safe space for a dog to be in
the open within the vicinity of our home.
Pic 4: Picture depicting how narrow our backyard
We built a fence like the other houses nearby (Westchester Drive and Camino Del
Cerro), unbeknown to the new fence ordinance. In fact, when we looked at this property
before making a purchase, we did realize the backyard was not going to fulfil our needs,
but looking at the houses around us, we were consoled by the fact that we could make
use of our side yard and get past this issue, which is why we went ahead and built the
fence as one of the first things as part of our remodel. There was also some glass pieces
and dog feces in the side yard that we noticed when we got our keys and walked around
the property more closely the first time, which further convinced us of the urgency of
enclosing the side yard with a fence. Aesthetically, we have kept the Westchester drive
as well as the intersection unfenced keeping in line with how the rest of the street looks.
There are some corner properties that are unfenced on their side yard, but their lot
configuration is different than ours, giving them ample backyard space which is not the
case with us. Additionally, our side yard is very big and expensive to maintain for curb
appeal if we leave it exposed in its entirety. If we have it inside a fence, we can develop
it over time specific to our needs without any immediate pressure to keep it appealing.
As stated previously in our letter of justification, we have offered to make a site triangle
next to our driveway. This was also something that we were told was recommended by
the traffic engineer during their review, and we will be happy to comply. In add ition, we
can reduce the fence height to 5ft plus a 1 foot or no lattice or open to any other
workable solutions ensuring a safe environment for our family as well as the safety of
our neighborhood.
Thanks,
Deepak Pandey & Parul Upadhyaya
108 Westchester Drive
Los Gatos