In a fitting way to finish out his term on Planning Commission, Chair Jeffrey Barnett presided over yet another fence-height exception request from a homeowner, Dec. 13.
In this case the body allowed an appellant to keep at least part of a fence that had been installed at 224 Old Adobe Road by Vinodha and Rajeev Bala to appease a neighbor who’d complained about construction on their property.
“I heard every single paver that was cut and fit to that backyard for over a year; it had nothing to do with the fence,” said rear neighbor Eva Mendoza, who has lived there since 1987. “I thought you were building the Taj Mahal or something over there.”
Rajeev Bala told Planning Commission he had reached out to the neighbor to see if a fence would be a positive step to resolve her concerns but never heard back. He said he didn’t realize they were running afoul of a Town ordinance by erecting the fence.
“We purchased the property in 2013,” he said, noting there was a 10-foot lattice fence there at the time, as well as a chain link fence and some vegetation. “We had an ongoing Town-permitted pool installation project in the backyard.”
Mendoza complained to the Town and when a staffer came out, he suggested the Balas build a solid wood fence.
In June 2022, they discussed plans for a new fence (including the height, material and location) with Mendoza, Rajeev Bala told Planning Commission.
Bala said when he brought up the idea of sharing costs Mendoza went radio-silent.
“Months went on, and the harassment of our contracted labor continued,” he said. “On September 7 of 2022 we notified her that construction was going to begin, at which point she asked us to construct the new fence on our property line and leave the existing chain-link fence on the property line in-place, which would effectively shorten our backyard. At this point we agreed, because we wanted to find a peaceful resolution to this situation.”
They built an eight-foot fence. However, fences, walls, gates and hedges can’t be taller than six feet, with up-to one foot of lattice on top in Los Gatos.
Commissioner Melanie Hanssen was mindful of making sure, if they decided to grant an exception, they did it by the book.
“We hear this all the time,” Hanssen said, reflecting on the laundry-list of reasons locals often cite when asking for the right to build (or keep) taller and more opaque fences than are allowed. “It has to be something special.”
She suggested the unique topography of the site might give them enough grounds to step in to mediate what had clearly become quite the toxic dispute.
“Are you still having difficulties with the neighbor?” asked Commissioner Susan Burnett.
Since the building of the fence they hadn’t heard a peep from her—until she launched her official complaint about it, Bala said.
Mendoza, speaking over Zoom, said the fence was nothing short of a “monstrosity,” that must be removed.
“Your darn straight I complained about it, because it, number one, looks to me like an emergency hazard,” she said. “I mean, if there’s something that has to go around, who has eight-foot ladders that they know they can have to use to access either your yard or my yard, or even the creek back there?”
Vice Chair Steve Raspe moved to grant an appeal of the Community Development Director’s denial of an appeal to keep the fence, allowing a six-foot solid fence with two feet of lattice above (instead of just one).
Commissioner Burnett seconded, and it passed unanimously.
Planning Commission has been down one member since Commissioner Kylie Clark, fresh from victory as the ACLU came to her defense and forced the Town to reverse a censure against her, opted to leave of her own accord and further her education on the East Coast.
Housing Element Advisory Board member Adam Mayer is the newest recruit to the Planning Commission squad; Commissioner Emily Thomas was reappointed.
Barnett received applause as he concluded the meeting.
“Your perspective and attention to detail will be missed,” said Planning Director Jennifer Armer. “But we thank you very much for all of your service.”
