Fence Exception - 2002
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ITEM NO.2
CAMPBELL
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STAFF REPORT - PLANNING COMMISSION MEETING
OF JUL Y 23, 2002
Appeal of
PLN2001-69
Burton, P.
Public Hearing to consider the appeal of Mr. Patrick Burton of an
Administrative Denial of a Fence Exception (pLN2001-69) to allow a five-foot
iron fence on top of an existing three-foot stone wall on property owned by Mr.
Patrick Burton located at 620 Harriet Avenue in an R-1-6 (Single-Family
Residential) Zoning District.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
1. Grant a Continuance of PLN2001-69, to the Planning Commission hearing of August 13,
2002.
BACKGROUND
On June 10, 2002 the Community Development Director denied the Fence Exception application
(PLN2001-69) for a new five-foot iron fence on top of an existing three-foot stone wall due to
the inability to make the required findings needed to approve the application.
On June 20, 2002, the City received a letter from Mr. Patrick Burton appealing the administrative
denial of Fence Exception application (PLN2001-69.) The letter requests the reconsideration of
the denial of the Fence Exception by the Planning Commission.
The Site and Architectural Review Committee reviewed this application at its meeting of July 9,
2002. The Committee was not supportive of the proposed project due to the design, location,
and material of the proposed fence and urged the applicant to work with staff to resolve these
issues before the Planning Commission hearing.
CURRENT STATUS
On July 17, 2002 staff received a phone call from Mr. Burton requesting a meeting to discuss the
project on July 18, 2002. Mr. Burton was informed that due to the staff report distribution
constraints the project would need to be continued to the next Planning Commission date if a
meeting were to be scheduled and revisions made to the plans. Mr. Burton expressed a desire to
continue the project to allow time to meet with staff and discuss the project.
ATTACHMENTS
1. Location Map
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Sharon Fierro, Community Development Director
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CITY OF CAMPBELL
Community Development Department - Current Planning
July 12, 2002
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Planning Commission of the City of Campbell has set the time of
7:30 p.m., or shortly thereafter, on Tuesday, July 23, 2002, in the City Hall Council Chambers,
70 North First Street, Campbell, California, for a Public Hearing to consider the appeal of Mr.
Patrick Burton of an Administrative Decision by the Community Development Director for a
Fence Exception (PLN2001-69) to allow a five-foot iron fence on top of an existing three-foot
stone wall on property owned by Mr. Patrick Burton located at 620 Harriet Avenue in an R-1-6
(Single Family Residential) Zoning District. This project is Categorically Exempt.
Interested persons may appear and be heard at this hearing. Please be advised that if you
challenge the nature of the above project in court, you may be limited to raising only those issues
you or someone else raised at the Public Hearing described in this Notice, or in written
correspondence delivered to the City of Campbell Planning Commission at, or prior to, the
Public Hearing. Questions may be addressed to the Community Development Department at
(408) 866-2140.
Decisions of the Planning Commission may be appealed to the City Council. Appeals must be
submitted to the City Clerk in writing within 10 calendar days of an action by the Commission.
In compliance with the Americans with Disabilities Act, listening assistive devices are available
for all meetings held in the Council Chambers. If you require accommodation, please contact the
Community Development Department at (408) 866-2140, at least one week in advance of the
meeting.
PLANNING COMMISSION
CITY OF CAMPBELL
SHARON FIERRO
SECRETARY
PLEASE NOTE:
When calling about this Notice,
please refer to File No. PLN2001-69
Address: 620 Harriet A venue
70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.866.8381 . TOO 408.866.2790
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City of Campbell -- Community Development Department
70 N. First Street, Campbell, CA 95008
MEMORANDUM
To:
Site and Architectural Review Committee
Date: July 2, 2002
From:
Stephanie Willsey, Planner I 4:SW
Subject:
620 Harriet A venue - Fence Exception Appeal
PROPOSAL
The applicant is appealing an administrative Denial of a Fence Exception to allow a five-foot iron
fence on top of an existing three-foot stone wall.
STAFF ISSUES
.
Proposed fence is not architecturally compatible with the surrounding neighborhood in terms of
material and design and would introduce a fence into the area that would be out of character with
other development within the area.
The applicant stated that the reason for the Fence Exception request was to minimize traffic and
noise impacts from San Tomas Aquino Road and Harriet A venue as well as to provide additional
privacy within the front yard area. Based on this reasoning, staff found that an iron fence would
not provide sound attenuation nor added privacy into the front yard area and the request for a taller
fence was not substantiated.
.
Attachment: Reduced Plans
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CITY OF CAMPBELL
Community Development Department - Current Planning
July 1,2002
Re:
PLN2001-69 - 620 Harriet Avenue - Fence Exception Appeal
Dear Applicant:
Please be advised that the above-referenced application has been scheduled for the following
meetings:
Site and Architectural Review Committee Meeting
Date: Tuesday, July 9, 2002
Time: 6:55 p.m.
Location: Doetsch Conference Room, City Hall, 70 N. First Street, Campbell
Planning Commission Meeting
Date: Tuesday, July 23, 2002
Time: 7:30 p.m.
Location: City Hall Council Chambers, 70 N. First Street, Campbell
Should you have any questions or comments, please do not hesitate to contact me at (408) 866-
2140.
Sincerely,
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Stephanie Willsey
Planner I
cc:
Patrick E. Burton (ApplicantlProperty Owner)
620 Harriet A venue
Campbell, CA 95008
70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.866.8381 . TDO 408.866.2790
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CITY OF CAMPBELL
Community Development Department - Current Planning
June 10,2002
Mr. Patrick E. Burton
620 Harriet A venue
Campbell, CA 95008
Re:
Fence Exception Application
City File No.: PLN2001-00069
620 Harriet A venue
Dear Mr. Burton:
The Community Development Department has reviewed your request for a Fence Exception located at
620 Harriet A venue.
The Community Development Director may approve a Fence Exception for fences with lesser setbacks
and heights greater than six feet when it is determined that the fence will not impair vehicular or
pedestrian safety and that it will result in a more desirable site layout and would not be detrimental to
the health, safety, peace, morals, comfort or general welfare of persons residing or working in the
neighborhood of such change or be detrimental or injurious to the property and improvements in the
neighborhood or to the general welfare of the city.
Staff is unable to make the required findings and the Fence Exception has been denied. Staff finds
that a five foot iron fence on top of an existing three foot stone wall will not result in a more desirable
site layout and would be detrimental to the health, safety, peace, morals, comfort and general welfare of
persons residing or working in the neighborhood and would be detrimental or injurious to the property
and improvements in the neighborhood and to the general welfare of the city because the proposed
fence is not compatible with the existing neighborhood in terms of material and design and would
introduce a fence into the neighborhood that would be out of character with other development within
the area.
Please be advised that the existing non-conforming fence shall be made to comply with all requirements
of Section 21.59.090 of the Campbell Municipal Code immediately.
This decision is appealable to the Planning Commission and shall be made in writing to the City Clerk
and accompanied by the $100 appeal fee within ten calendar days following the date of the decision by
June 20, 2002. Any decision not appealed within the ten-day period shall be final.
70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.866.8381 . TOO 408.866.2790
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PLN2001-00069.... 620 Harriet Avenue Page 2 of 2
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If you should have any questions, please do not hesitate to contact me at (408) 866-2143 or via email at
stephaniew@cityofcampbell.com.
Sincerely,
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Stephanie Willsey
Planner I
cc:
Sharon Fierro, Community Development Director
Bill Seligmann, City Attorney
Geoff Bradley, Senior Planner
Ben Mendoza, Code Enforcement Officer
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CITY OF CAM.PBELL
Community Development Department - Current Planning
March 14,2002
Patrick E. Burton
620 Harriet A venue
Campbell, CA 95008
Re:
Fence Exception Application
PLN2001-00069
620 Harriet A venue
Dear Mr. Burton:
The Community Development Department has received and reviewed your revised plans for a Fence
Exception at 620 Harriet A venue.
My previous letter stated that staff was unable to make the required finding that "the fence will result in
a more desirable site layout" due to the dilapidated condition of the existing fence and that in order to
grant the Fence Exception the existing fence will need to be replaced with a new fence.
In your letter dated May 29, 2001 you stated that the reason for the Fence Exception request was to
minimize traffic and noise impacts from San Toms Aquino'Road and Harriet A venue as well as for
pri vacy. You revised plans show an iron fence above the existing stone wall which would not
minimize traffic or noise impacts or provide additional privacy to your front yard area. Based on this
reasoning staff would not be supportive of an iron fence. Staff would be supportive of and
recommends that a wood fence be constructed to replace the existing fence.
Please submit revised plans that show the height, design, and material of a new wood fence or call me
at (408) 866-2143 to set up a time to meet and discuss. these issues. Thank you for your cooperation in
resolving this matter.
Sincerely,
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Stephanie Willsey
Planner I
cc:
Geoff Bradley, Senior Planner
Ben Mendoza, Code Enforcement Officer
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CITY OF CAMPBELL
Community Development Department - Current Planning
July 23, 2001
Patrick E. Burton
620 Harriet Avenue
Campbell, CA 95008
Re:
Fence Exception Application
PLN2001-00069
620 Harriet Avenue
Dear Mr. Burton:
The Community Development Department has received and reviewed your application for a Fence
Exception for an existing fence along the front yard of your property at 620 Harriet A venue. A letter
was sent to you on June 14,2001 requesting revised plans for a new fence. One of the required
findings needed to grant a Fence Exception is that "the fence will result in a more desirable site layout."
The dilapidated condition of the existing fence does not allow staff to make this required finding.
In order to grant a fence exception, the existing fence will need to be replaced with a new fence
constructed of natural wood. Please submit revised plans which show the height, design, and material
of the new fence.
Your cooperation in this matter is greatly appreciated. If you have any questions, please feel free to
call me at (408) 866-2143.
Sincerely,
~~
Stephanie Willsey
Planner I
cc:
GeoffBradley, Senior Planner
Ben Mendoza, Code Enforcement Officer
70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.866.8381 . TOO 408.866.2790