03/22/2007 - Laserfiche WebLink

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applicant had requested an exception to the Fence Ordinance for a minor encroachment into a pathway easement. The Planning Commission had approved the request with a 3-2 vote. Subsequently, Councilmember O'Malley appealed the approval to permit Council discussion of the legal ramifications with the permitted fence encroachment within a pathway easement. At the Council meeting of March 8, 2007, the City Council opened and continued the public hearing of this item. Cahill offered that the applicant had since amended his application and was currently proposing to construct the fence outside the pedestrian/equestrian easement. Cahill explained that the revised fence application before Council fully complied with the Town's Fence Ordinance and was consistent with the terms of the pathway easement on the property. Cahill proceeded with a PowerPoint presentation that included a diagram of the property's boundaries; the siting of the new proposed fence, existing fence, and pedestrian and equestrian trail easement on the property; and, a photo simulation of the proposed fence at the intersecting property lines of Lands of Papp and Lands of Sakamoto. Pursuant to the Town's current codes, the property owner was entitled to build his fence along his property line. However, to accommodate his neighbor, Mr. Papp had offered to offset his fence from the property line. The proposed fence was a 6 foot wooden frame fence with a wire mesh. Staff recommended approval of the application as presented. Cahill suggested that any • additional discussion of the siting of the fence should occur between neighbors and that Town should not impose any additional setback to the fence. OPENED PUBLIC HEARING Mr. Papp, applicant, explained that the estimated cost of the attorney's review of his application had been key to his decision to amend his application and relocate his fence. -He noted that his neighbor had originally been amenable to the fence location between their properties but has since requested relocation of the fence due to her expressed concern that she would have difficulty moving her horse in the event of a fire. Papp has agreed to adjust the fence and work with his neighbor to accommodate her concerns. Alice Sakomoto, Simon Lane, addressed Council. She stated that she was of the opinion that the construction of fences was detrimental to maintaining the open rural nature of Los Altos Hills. She noted that with approval of this application, her property would be enclosed by her neighbors' fences and negatively impact her view. Sakamoto suggested that the fence would prohibit the movement of large wild life and hoped the Council would revisit the current fence ordinance. Sakamoto explained that she was not opposed to all fencing and currently has a fence to corral her horse, but wanted to be sure that fences were appropriate to maintaining a rural environment. CLOSED PUBLIC HEARING 12 City Council Meeting Minutes March 22,2007