DRC Packet 01-21-2021CITY OF CUPERTINO
DESIGN REVIEW COMMITTEE
AGENDA
This will be a teleconference meeting with no physical location.
Thursday, January 21, 2021
5:00 PM
Teleconference Meeting
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Page 1
Design Review Committee Agenda January 21, 2021
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Page 2
Design Review Committee Agenda January 21, 2021
ROLL CALL
APPROVAL OF MINUTES
1.Subject: Draft Minutes of April 16, 2020
Recommended Action: Approve or modify the Draft Minutes of April 16, 2020
Draft Minutes of April 16, 2020
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Committee on any matter
within the jurisdiction of the Committee and not on the agenda. Speakers are limited to three (3)
minutes. In most cases, State law will prohibit the Commission from making any decisions with respect
to a matter not on the agenda.
WRITTEN COMMUNICATIONS
PUBLIC MEETING
2.Subject: Fence Exception to allow a 6 (six) foot front yard fence in the required 20' front
yard setback area. Application No(s).: EXC-2020-006; Applicant(s): Manju
Radhakrishnan; Location: 10330 Menhart Lane APN# 375-16-017
Recommended Action: That the Design Review Committee conduct the public meeting
and find:
1) that the proposed project is exempt from CEQA; and
2) approve the application per the Draft Resolution
Design Review Committee's decision is final unless appealed
Staff Report
1 - Draft Resolution
2 - Plan Set
OLD BUSINESS
NEW BUSINESS
ADJOURNMENT
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this
teleconference meeting who is visually or hearing impaired or has any disability that needs special
assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the
meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability,
meeting agendas and writings distributed for the meeting that are public records will be made available
in the appropriate alternative format.
Page 3
Design Review Committee Agenda January 21, 2021
Any writings or documents provided to a majority of the members after publication of the agenda will
be made available for public inspection. Please contact the City Clerk’s Office in City Hall located at
10300 Torre Avenue during normal business hours.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100
written communications sent to the Cupertino City Council, Commissioners or City staff concerning a
matter on the agenda are included as supplemental material to the agendized item. These written
communications are accessible to the public through the City’s website and kept in packet archives. You
are hereby admonished not to include any personal or private information in written communications to
the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights
you may have on the information provided to the City .
Members of the public are entitled to address the members concerning any item that is described in the
notice or agenda for this meeting, before or during consideration of that item. If you wish to address the
members on any other item not on the agenda, you may do so during the public comment .
Page 4
Design Review Committee
April 16, 2020
Cupertino, CA 95014
(408) 777-3308
ACTION MINUTES OF THE REGULAR MEETING OF
THE DESIGN REVIEW COMMITTEE HELD ON April 16, 2020
ROLL CALL
Committee Members present: R Wang, Chair
David Fung, Commissioner
Committee Members absent: none
Staff present: Jeff Tsumura, Associate Planner
Piu Ghosh, Planning Manager
APPROVAL OF MINUTES:
1. September 6, 2018
The minutes of September 6, 2018 were approved as written
2. July 18, 2019
The minutes of July 18, 2019 were approved as written
ORAL COMMUNICATION:
None
WRITTEN COMMUNICATIONS:
None
CONSENT CALENDAR:
None
PUBLIC MEETING:
3. Application No.(s): EXC-2019-002
Applicant: Gus Ortega/SDI Signs (Valero Service Station)
Location: 1699 Se Anza Blvd APN: 366-10-120
Sign Exception to consider allowing LED signage on an existing fuel price ground sign, two additional
wall signs on the building, and four additional signs on the fuel canopy at an existing service station
(Valero).
Design Review Committee decision final unless appealed.
Staff Member Tsumura reviewed the project with the Committee. The Applicant is proposing new and
additional signs to a previously approved Sign Exception (EXC-2010-10) project and Director’s Minor
Modification (DIR-2019-007). The applicant is requesting these signs for additional illumination, required
safety signage, and as designations for the existing Service shop, Convenience Store, car wash tunnel,
fuel canopy, tank storage and updates to the existing ground level fuel pricing sign. The City’s Sign
Ordinance requires that all signs with visible light sources be approved by the Design Review
Committee. The Ordinance does not specify requirements for LED light fixtures. However, as with prior
2 Design Review Committee
April 16, 2020
LED approvals, Staff is recommending Conditions of Approval that require the fixtures to have
automatic controls to adjust for brightness based on the surrounding ambient conditions. The proposed
LED lights in the fuel canopy will have a similar Condition of Approval for controls and shielding to
diffuse the light downward.
There are currently some temporary signs on site and some of the earlier conditions of approval have not
been adhered to. These violations will need to be rectified prior to final building inspection.
Staff has determined that the overall square footage of the new signs is in conformance with the Sign
Ordinance, the scope of the project is not detrimental to the site or surrounding businesses and that once
all of the conditions of approval have been implemented, the business will be an asset to the City.
Committee member Fung uses this service station so is familiar with the site. He is concerned about the
traffic flow. He suggested that the traffic patterns in and out of the driveways be looked at a little closer.
Staff member Ghosh reminded the Committee that the traffic flow had been decided by the City Council
upon appeal of the project. With this approval, the applicant is being directed to implement the original
approval. Staff was not making any changes to the ingress/egress of the site. Committee member Fung
also asked if Staff had any plans to amend the Sign Ordinance to allow LED signage for ground level
sign boards. Staff Member Ghosh said she anticipates the Sign Ordinance coming up for review in the
next Work Program cycle.
Chair Wang agreed with Committee Member Fung’s thoughts that amending the Municipal Code was in
order. These kinds of requests for LED signage lighting are basic, modern changes that should not be so
cumbersome for applicants. He asked for clarification about regulating the intensity of the canopy
lighting. Staff member Tsumura said that a light study would be performed after installation to ensure
compliance.
Commissioner Wang opened the Public Comment period.
There were no speakers
Commissioner Wang closed the Public Comment period.
The Committee members had no additional comments on the project.
MOTION: Commissioner Fung moved to approve EXC-2019-002 per the draft resolution
APPROVE: Chair Wang
ABSENT: none
ABSTAIN: none
VOTE: 2-0-0
OLD BUSINESS:
None
NEW BUSINESS:
None
Respectfully submitted:
/s/Beth Ebben
Beth Ebben
Deputy Board Clerk
DESIGN REVIEW COMMITTEE STAFF REPORT
Meeting: January 21, 2021
Subject
Fence Exception Permit to allow a six foot high fence within a required 20 foot front yard
setback area. (Application No.: EXC-2020-006; Applicant: Manju Radhakrishnan;
Location: 10330 Menhart Lane; APN: 375-16-017)
Recommended Action
That the Design Review Committee adopt the draft resolution (Attachment 1) to:
1. Find the project exempt from CEQA; and
2. Approve the Fence Exception (EXC-2020-006).
Discussion
Project Data:
General Plan Designation: Low Density (1-6 DU/Ac.)
Zoning Designation: R1-5
Lot Area: 5,862 sq. ft.
Floor Area: 2,627 sq. ft. (44.83% FAR)
1st Floor Setbacks Allowed Existing
Front 20’-0” 20’-3”
Side Combined 15’ 10’-0” right, 5’-0” left
Rear 20’-0” 20’-0”
2nd Floor Setbacks Allowed Existing
Front 25’-0” 25’-0”
Side Combined 25’ 15’-0” right, 15’-0” left
Rear 25’-0” 25’-0”
Project Consistency with
General Plan: Yes
Zoning: No, exception requested for six-foot tall fence in the
front setback area
Environmental Assessment: Categorically Exempt
Project Location:
The project site is located on
Menhart Lane, approximately 150
feet west of the intersection of
Menhart Lane and Wunderlich
Drive in the Rancho Rinconada
neighborhood. The property is
surrounded by other single-family
homes to the north, south, east and
west.
Background:
In 2016, a Two-Story Permit (R-2016-
20) was approved to allow the construction of a new two-story home. The proposed home
met all development regulations, including setback requirements for Single Family
Homes, per Cupertino Municipal Code Chapter 19.28.
The lot only has three property lines and is effectively triangular in shape. Based on the
Municipal Code, the property only needs to provide a 20 foot rear setback in the form of
an arc from the intersection of the two side property lines. This results in the creation of
a smaller rear yard, and a larger front yard due to unique shape of the lot. The Cupertino
Municipal Code Chapter 19.48 allows a three-foot high fence within the front-yard area;
however, the applicant is requesting a six-foot fence high fence for purposes of privacy.
Currently, there is no front yard fence existing on this property.
Discussion:
The applicant is proposing to enclose a portion
of the front yard by constructing a six-foot-tall
fence along the southern property line, which
would then veer roughly 30 degrees to the
north, to avoid an existing shrub, till it reaches
the western (front) property line. The fence
would then continue along the western (front)
property line for a length of approximately 41
feet, and then make a 90-degree turn and
terminate at the house. A gate will also be
installed for continued access to a concrete
walk in the front yard (see Figure 2 – fence
outlined in red, green and blue)
Figure 1: Vicinity Aerial (subject property outlined in blue) Wunderlich Dr. Figure 2: Area of Work at 10330 Menhart Ln
Per the Cupertino Municipal Code, fences located within required front setback areas and
up to five feet from the property line in a required street side setback area must be no
taller than three feet
for visibility and light
and air purposes. The
property appears to
be a corner property
due to the curved
front property line.
Fences taller than
three feet must be
located a minimum of
five feet along a
required street side
setback.
The sidewalk in this neighborhood is a monolithic sidewalk meaning that the sidewalk
is adjacent to the street curb (see Fig. 2) and the front property line is setback 5’5” from
the sidewalk (see Fig. 3) and 9’5” from curb line. Due to the distance from the curb, the
perceived setback of the fence from the sidewalk, the appearance of the property as a
corner lot, and the existing development on the property, the proposed location of the
fence is acceptable.
The proposed fence does not impede into the adjacent neighbor’s site lines when entering
or exiting their driveway, and additionally the applicant has proposed the fence in a
manner to not damage an existing shrub along the south property line.
Typical rear yards in R-1 zones are the lot width (usually between 51 and 57 ft in the bulk
of the Rancho Rinconada neighborhood) times 20 (the rear yard setback requirement),
giving the average single-family residential property owner at least 1,020 - 1,140 sq. ft. as
a private rear yard space. This property, however, has an approximately 332 sq. ft. rear
yard with some usable side yard. Allowing a front yard fence in the proposed location,
would add approximately 800 s.f. of private outdoor space for the applicants, while
maintaining distance from the public street and minimizing impacts to the pedestrian
experience.
Public Works staff has reviewed the proposal, and do not have any issues with the
location of the fence.
Figure 3: Section Elevation
As a condition of approval, the applicant will be required to remove the fence in the event
of complete redevelopment of the property that improves the ability to provide a yard in
a better location.
Tree Protection
As a condition of approval, a covenant shall be recorded on the two front yard trees
within the fenced area to protect and maintain them, since the applicant has indicated
that the location of the proposed fence is in part to preserve these trees. Should the trees
have to be removed due to ill-health in the future, they shall be replaced with a protected
tree.
Environmental Assessment
This project is categorically exempt from the requirements of the California
Environmental Quality Act (CEQA) per Section 15301 Existing Facilities (Class 1)
consisting of new copy on existing on and off-premise signs.
Public Outreach and Noticing
The following table is a brief summary of the noticing done for this project:
Notice of Public Hearing and Intent,
Site Notice & Legal Ad
Agenda
Site Signage (10 days prior to the hearing)
11 public hearing notices mailed to
adjacent property owners (10 days prior
to the hearing)
Posted on the City’s official notice bulletin
board (one week prior to the hearing)
Posted on the City of Cupertino’s website
(one week prior to the hearing)
No public comments have been received as of the date of production of this staff report.
Permit Streamlining Act
This project is subject to the Permit Streamlining Act (Government Code Section 65920 –
65964). The City has complied with the deadlines found in the Permit Streamlining Act.
Project Received: October 22, 2020; Deemed Incomplete: November 11, 2020
2nd Submittal Received: December 16, 2020;
Deemed Complete: January 5, 2020
The City has up to 60 days from the date of deeming the project complete (until February
31, 2021) to make a decision on the project.
Conclusion
Staff recommends approval of the project since the conditions of approval address all
concerns related to the proposed project and all of the findings for approval of the
proposed project are consistent with Chapter 19.48: Fences of the Cupertino Municipal
Code.
Next Steps
Should the project be approved, the Design Review Committee’s decision on this
proposal is final unless an appeal is filed within 14 calendar days of the date of the
decision, on February 4, 2021. The applicant may apply for building and other permits at
the end of the appeal period.
This approval expires on January 21, 2022, at which time the applicant may apply for a
one-year extension.
Prepared by: Lauren Ninkovich, Assistant Planner
Reviewed and Approved by: Piu Ghosh, Planning Manager
ATTACHMENTS:
1 – Draft Resolution
2 – Plan Set
EXC-2020-006
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
DRAFT RESOLUTION
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
APPROVING A FENCE EXCEPTION TO ALLOW THE CONSTRUCTION OF A 6
FOOT FENCE IN THE FRONT SETBACK AREA OF A SINGLE-FAMILY RESIDENCE
SECTION I: PROJECT DESCRIPTION
Application No.: EXC-2020-006
Applicant: Manju Radhakrishnan
Location: 10330 Menhart Ln, APN: 375-16-017
SECTION II: FINDINGS
WHEREAS, the Design Review Committee of the City of Cupertino received an
application for an Exception from the Residential Single Family Zoning regulations as
described in Section I. of this Resolution; and
WHEREAS, the Project is Categorically Exempt from the requirements of the California
Environmental Quality Act pursuant to Section 15303 Class 3 (New construction or
conversion of small structures); and
WHEREAS, the necessary notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Design Review Committee has held at least
one Public Meeting on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and
WHEREAS, the Design Review Committee finds the following with regard to the
exception for this application:
1. The literal enforcement of the provisions of this chapter will result in restriction
inconsistent with the spirit and intent of this chapter.
The proposed fence location has been designed to meet the intent of the chapter
by providing a six foot fence, a height allowed without a permit in other areas of
the property, in a location that provides privacy for the applicants but is minimally
intrusive to the adjacent property owners and pedestrians.
Draft Resolution EXC-2020-006 January 21, 2021
Page - 2 -
2. The granting of the exception will not result in a condition which is materially
detrimental to the public health, safety or welfare.
The fence location will not be detrimental to public health, safety or welfare
because the fence location is generally consistent with the City’s fence ordinance,
and the fence will provide privacy for property owners. The subject property
appears to be a corner lot due to the curved nature of the front property line and
the fence will be setback at least 5 feet 5 inches from the front property line similar
to street side yard fence on corner lots.
3. The exception to be granted is one that will require the least modification of the prescribed
regulation and the minimum variance that will accomplish the purpose.
The fence height and material is consistent with the ordinance. Placement of the
fence location is consistent with that of a key lot, and the placement of the fence
would be consistent with the requirements of street side fence location.
4. The proposed exception will not result in a hazardous condition for pedestrian and
vehicular traffic.
The proposed fence is along the property line which is located five (5) feet five (5)
inches from the sidewalk and provides adequate pedestrian accessibility.
Additionally, Public Works has reviewed the site plan, and has determined that
the proposed fence location will not be detrimental to vehicular traffic.
5. The proposed development is otherwise consistent with the City’s General Plan and with
the purpose of this chapter as described in Section 19.48.010
The proposed fence is otherwise consistent with the City’s General Plan and with
the purpose of the Fence Ordinance since fences are permitted in all single-family
residential zones.
6. The proposed development meets the requirements of the Santa Clara Fire Department
and Sheriff’s Department, and if security gates are proposed, that attempts are made to
standardize access.
The proposed fence is a standard 6 foot tall fence. The Santa Clara Fire Department
and the Sheriff’s Department are normally concerned when security gates are
proposed. The projects proposes no security gates.
7. The fence height for the proposed residential fence is needed to ensure adequate screening
and/or privacy.
The six-foot fence height is consistent with the allowable fence height which is to
aid in providing privacy.
Draft Resolution EXC-2020-006 January 21, 2021
Page - 3 -
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the maps, facts, exhibits, testimony and other evidence
submitted in this matter, subject to the conditions which are enumerated in this Resolution
beginning on PAGE 3 thereof, the application for an Exception to the Fence Ordinance
regulations, Application no. EXC-2020-006 is:
1. Exempt from CEQA and
2. Hereby APPROVED, and
That the sub-conclusions upon which the findings and conditions specified in this
Resolution are based and contained in the Public Meeting record concerning Application
no. EXC-2020-006 as set forth in the Minutes of Design Review Committee Meeting of
January 21, 2021 and are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The approval is based on the plan set titled “Request for Privacy Fence” consisting of
eight (8) sheets, except as may be amended by the Conditions contained in this
Resolution.
2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions.
3. ACCURACY OF THE PROJECT PLANS
The applicant/property owner is responsible to verify all pertin ent property data
including but not limited to property boundary locations, building setbacks, property
size, building square footage, any relevant easements and/or construction records.
Any misrepresentation of any property data may invalidate this appro val and may
require additional review.
4. FRONT YARD TREE COVENANTS
Prior to construction of the fence, a covenant will be recorded to protect the two
fruitless mulberry trees in the front yard as Protected Trees. Should either tree be need
to be removed due to ill-health, demonstrated by an ISA-certified Arborist report, the
tree shall be replaced in the vicinity by a Protected Tree.
Draft Resolution EXC-2020-006 January 21, 2021
Page - 4 -
5. FUTURE REDEVELOPMENT OF THE PROPERTY
In the event the property is redeveloped, the location of the front yard fence shall be
reevaluated for appropriateness of location or a reduction in height.
6. DUST CONTROL
The following construction practices shall be implemented during all phases of
construction for the proposed project to prevent visible dust emissions from leaving
the site:
a) Water all exposed surfaces areas (e.g., parking areas, staging areas, soil piles,
graded areas, and unpaved access roads) at least twice daily and more often during
windy periods to prevent visible dust from leaving the site; active areas adjacent to
windy periods; active areas adjacent to existing land uses shall be kept damp at all
times, or shall be treated with non-toxic stabilizers or dust palliatives.
b) All haul trucks transporting soil, sand, or other loose material off-site shall be
covered.
c) All visible mud or dirt track-out onto adjacent public roads shall be removed using
wet power vacuum street sweepers at least once per day. The use of dry power
sweeping is prohibited.
d) All vehicle speeds on unpaved roads shall be limited to 15 mph.
e) All roadways, driveways, and sidewalks to be paved shall be completed as soon as
possible. Building pads shall be laid as soon as possible after grading unless
seeding or soil binders are used.
f) Idling times shall be minimized either by shutting equipment off when not in use
or reducing the maximum idling time to 5 minutes (as required by the California
airborne toxics control measure Title 13, Section 2485 of California Code of
Regulations [CCR]). Clear signage shall be provided for construction workers at all
access points.
g) All construction equipment shall be maintained and properly tuned in accordance
with manufacturer’s specifications. All equipment shall be checked by a certified
mechanic and determined to be running in proper condition prior to operation.
h) Post a publicly visible sign with the telephone number and person to contact at the
Lead Agency regarding dust complaints. This person shall respond and take
corrective action within 48 hours. The Air District’s phone number shall also be
visible to ensure compliance with applicable regulations.
The applicant shall incorporate the City’s construction best management practices
into the building permit plan set prior to any grading, excavation, foundation or
building permit issuance.
Draft Resolution EXC-2020-006 January 21, 2021
Page - 5 -
7. INDEMNIFICATION AND LIMITATION OF LIABILITY
As part of the application, to the fullest extent permitted by law, the applicant shall
agree to indemnify, defend with the attorneys of the City’s choice, and hold harmless
the City, its City Council, and its officers, employees, and agents (collectively, the
“indemnified parties”) from and against any liability, claim, action, cause of action,
suit, damages, judgment, lien, levy, or proceeding (collectively referred to as
“proceeding”) brought by a third party against one or more of the indemnified parties
or one or more of the indemnified parties and the applicant related to any Ordinance,
Resolution, or action approving the project, the related entitlements, environmental
review documents, finding or determinations, or any other permit or approval
authorized for the project. The indemnification shall include but not be limited to
damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’
fees, and other costs, liabilities, and expenses incurred in connection with such
proceeding whether incurred by the Applicant, the City, or the parties initiating or
bringing such proceeding.
The applicant shall agree to (without limitation) reimburse the City its actual
attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees and
costs shall include amounts paid to the City’s outside counsel and shall include City
Attorney time and overhead costs and other City staff overhead costs and any costs
directly related to the litigation reasonably incurred by City. The applicant shall
likewise agree to indemnify, defend, and hold harmless the indemnified parties from
and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees
awarded under Code of Civil Procedure section 1021.5, assessed or awarded against
the indemnified parties. The Applicant shall cooperate with the City to enter a
Reimbursement Agreement to govern any such reimbursement.
The Applicant shall agree to (without limitation) reimburse the City for all costs
incurred in additional investigation or study of, or for supplementing, redrafting,
revising, or amending, any document (such as an Environmental Impact Report,
negative declaration, specific plan, or general plan amendment) if made necessary by
proceedings challenging the project approvals and related environmental review, if
the applicant desires to continue to pursue the project.
The Applicant shall agree that the City shall have no liability to the Applicant for
business interruption, punitive, speculative, or consequential damages.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
Draft Resolution EXC-2020-006 January 21, 2021
Page - 6 -
1. FENCE IMPROVEMENTS
It shall be the owner’s and contractor’s responsibility to ensure the new fence location
and height are installed per the approved plan. The fence shall not encroach into the
public right-of-way and shall not impede lot drainage towards the public street.
PASSED AND ADOPTED this 21st day of January 2021, at a regular meeting of the Design
Review Committee of the City of Cupertino by the following roll call vote:
AYES: MEMBERS:
NOES: MEMBERS:
ABSTAIN: MEMBERS:
ABSENT: MEMBERS:
ATTEST: APPROVED:
Lauren Ninkovich Chair
Assistant Planner Design Review Committee
Request for Privacy Fence
Requesting a 6-feet privacy fence in south-west corner of our property on 10330 Menhart Lane Cupertino. The fence will be built in
the front of our property facing Menhart lane. The fence will be connected to an existing short fence with our neighbor on 10350
Menhart lane. The short fence with neighbor will also be raised to 6 feet high, effectively making this an enclosed private yard.
Problem
Our property is on curved section of Menhart lane close to Wunderlich drive. Since Menhart Ln curves 90° starting at our
house, it is like a corner lot. Our house is on a triangular lot, with fences on two sides of the lot and a long curved curb in the
front, facing Menhart Ln. The house is setback from the curb and cornered into the intersection of the fences in back.
Consequently, there is no backyard for this house. Our front curb is over 130 feet long and all the open land for this house is
in the front of the house and without fences, there is no privacy and hence our family is unable to effectively use this area.
Given the Covid situation and having to stay at home we are affected by the lack of private outdoor yard for our house.
We are requesting addition of the third fence to create an enclosed yard to socialize with friends and family. The picture
below (Fig. 1) shows the location of our house and the blue lines mark the existing fence we have. We are requesting to add
a fence from the location marked with a star.
(Fig. 1)
We have large picture windows in our family room of size 12 feet by 10 feet and we are not able to open the curtains on that
window since it opens to the street without any privacy. In the picture be low (Fig. 2) you can see the view of the house from
the street, both the living room picture window and family room picture windows are wide open for view. The proposed
fence will also provide privacy for our family room.
(Fig. 2)
Plan
The proposed plan for the fence is indicated in blue, red and green lines in the picture below (Fig. 3).
5 feet board on board wooden fence with 1 feet full privacy lattice on top will be built. In the site plan the section marked in red
has an existing fence which is short and will be increased to 6 feet in height. The section marked in blue will all be new fence.
The section marked in green will be a gate which is 6 feet height from the concrete. Based on this plan about 20 feet by 40
feet of usable yard will be present for our family.
(Fig. 3)
It is the owner's and contractor’s responsibility to ensure the new fence location and height are installed per the approved plan. The fence shall
not encroach into the public right-of-way.
Highlights:
- The proposed fence will be 6 feet tall and 41 feet long along the property line. It occupies less than 1/3 of the available curb,
the rest of the front yard will be open for view.
- Our survey plan indicates that our property line is setback 5.5 feet away from the sidewalk. We are requesting to build the
fence on the property line. There two big trees in front yard 4 feet and 8.5 feet from the property line which will stand in the
way of any further setbacks from the property line. In order to avoid both trees we will have to setback 12 feet inside the
property line making the yard very small and unusable.
- The proposed fence is not adjacent to any driveways – As shown in the google satellite photos (Fig. 4), the fence is separated
by yards on either side before the closest driveways.
- There are two tall trees at the corner of sidewalk and the property line with our neighbor. The trees are 30-40 feet tall and
about 8 feet wide each, indicated by the “star” in the picture below (Fig. 5). The fence will be tucked behind these trees and
does not restrict visibility for vehicles or pedestrians (Fig. 6)
- The location of the fence will not block our front door view. The front door is marked with a black triangle in the site plan.
(Fig. 4)
(Fig. 5)
(Fig. 6)
Fence Elevation
Section Elevation
6’ Wooden Fence
5’ tall Board on Board fence
1’ Triple lattice
Post caps