Exhibit 10 - Letter of Justification for AppealFENCE EXEMPTION APPLICATION – 10 CHARLES STREET, LOS GATOS, CA 95032
March 2, 2025
Sean Mullin
Planning Manager
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
Respected Mr. Mullin..
10 CHARLES STREET, LOS GATOS, CA 95030 – FENCE HEIGHT EXEMPTION [FHE-001]
I am writing for your and the Planning Commission’s kind consideration to grant
exemption in response to your letter dated 03/23/23 issued by your office regarding the
fence being in the Town’s right of way.
I would like to bring to your attention, through this submission, the unique
characteristics & circumstances surrounding the property, the specific concerns we
have had around safety & security, the principal goals we established for the design &
construction of this fence, and, finally, the diligent steps we undertook to meet these
goals, both for ourselves and the community at large.
UNIQUE CHARACTERISTICS & CIRCUMSTANCES SURROUNDING THIS PROPERTY
1. Charles is a quiet, dead-end street, with just five neighbors living on the entire street!
Accordingly, there is little or no traffic on the street.
2. The subject home (10 Charles St), though located at the corner of Los Gatos Blvd &
Charles, has its entry door and address sign on Charles St,
3. The main living room, and the secondary bedroom – typically and often occupied by
our elderly mother, or our grandchildren when they visit us – opens on the main
Boulevard through a large pair of French doors.
4. While egressing from Charles St to the Boulevard, there is a legal STOP sign that
ensures the exiting cars come to a complete stop before turning in either direction.
5. The home exactly across from the subject property has a fence that is identical in
height and form, except for the specific shape of the lattice.
6. The yard fronting the Los Gatos Boulevard side is the primary yard area that is being
used for kids’ play area and outdoor leisure activities, and has vegetable beds and
other floral decorations planted.
7. Access to the front yard is slightly tight as the front, right hand side corner of the home
has been blessed with a cluster of heritage oak and other trees. (See picture attached).
8. The subject property was under major renovation and repair for a period of almost 2
years during the pandemic, and there was a 6-feet tall, opaque construction fence
surrounding the property that did not result in any concerns that we were aware of.
-THIS SPACE IS INTENTIONALLY LEFT BLANK -
EXHIBIT 10
FENCE EXEMPTION APPLICATION – 10 CHARLES STREET, LOS GATOS, CA 95032
SPECIFIC FACTORS IN THE DESIGN & CONSTRUCTION OF THE FENCE
1. Safety & Security: It is clear that the safety & security was of key concern. This was
amplified multi-fold when we had two distinct incidents of an intruder loitering around
at the door leading to the front bedroom, in one instant to be warned of alerting the
police unless the person left immediately. No threat was imposed, nor an imminent
danger to life or property.
2. Visibility: We were equally concerned about the visibility whilst existing Charles St,
until we spoke with some of the neighbors, and carefully analyzed the facts contained
in (1) through (8) above. Letters from a couple of neighbors expressing their
unequivocal support for the fence and its zero impact on the visibility has been
attached for your reference. (See Letters from Neighbors, duly attached)
3. Access to the Front Yard: We needed to make sure that access to the front yard, the
principal outdoor area for kids’ play, is easily available. (See picture attached).
DILIGENT STEPS UNDERTAKEN TO DESIGN AND CONSTRUCTION OF THE FENCE
The custom-built fence is a combination of a 26” tall, lower opaque section, overlaid
with a 38” lattice work. The lattice work is custom designed to provide maximum
visibility by its orientation and size of the openings (5”). See picture attached. This
allows a clear sight or visibility to any south-bound traffic from Los Gatos Boulevard.
In fact, the fence was designed and built in consultation with some of the neighbors,
and we are working closely to establish their comfort level.
Inadvertentently, part of the fence was built in the public right of way, and this has
helped provide a reasonable and fair access to approach the first yard. Had we built
the fence along the property line, such access would have either been impractical, or
would have required removal of a cluster of heritage oak trees.
CONCLUSION
I hope we have been able to demonstrate that the specific goals and concerns of the
community have been met, and while we may have been short in meeting the letter of the
code, we have clearly met the spirit of the law.
REQUEST
We once again humbly request you to grant us the exception. To this end, we are
willing to provide the Town any necessary documentation to protect itself as well as to
create an explicit and formal understanding that such concessions may be reversed at
will as deemed necessary by the Town.
Finally, please feel free to reach out to me in case you may have any questions or
concerns.
Thank you for your consideration.
Sincerely,
_____________
Firoz Pradhan
Tel:
Email:
Enclosures: (1) Fence design details with dimensions (2) Letter(s) from Neighbors (3) Fence photos (4 pgs)
View egressing from Charles St. Notice cluster of trees that block some of the visibility, while the wide, open lattice work provides clear visibility of oncoming cars and pedestrians.
page 1 of 4
Close-up view at the STOP sign at Charles St while egressing onto Los Gatos Blvd providiing clear visibility.
page 2 of 4
View of the fence adjacent to the neighbor towards downtown. Notice that the fence has been clipped,and was done in consulation with this neighbor (Michelle).
page 3 of 4
Similar fence belonging to the neighbor across the subject home.
page 4 of 4
This Page
Intentionally
Left Blank