Hollister Planning Commission denies appeal seeking 6-foot fence in Farmstead Subdivision setback

The Hollister Planning Commission voted 3-0 on Feb. 27, 2025, to deny an appeal by Alexander Cywak seeking permission to place a six-foot-tall rear-yard fence at the property line on Lots 1 and 2 of the Farmstead Subdivision, which would have encroached into a 10-foot street-side setback and a 10-foot public utilities easement (PUE).

City staff had recommended the commission deny the appeal and affirm staff's interpretation of the municipal code, directing the applicant to revise the building permit applications to show rear-yard fences located no closer than 5.5 feet from the northern property line. The resolution adopted by the commission applied the findings in the draft resolution included in the agenda packet.

The appeal, filed as Appeal 20204-3, followed a July 8 building-permit application for Lots 1 and 2 and subsequent city comments returned July 26. Staff described an engineering determination that, because the proposed fence exceeded three feet in height and would sit in the street-side setback and PUE, engineering could allow a fence within the PUE but not closer than 5.5 feet from the property line. That allowance represented a 4.5-foot encroachment into the 10-foot PUE measured from the back of the sidewalk; the applicant requested an exception to place the full six-foot fence on the property line, closer than the 5.5-foot engineering allowance.

In his public remarks, appellant Alexander Cywak questioned the factual basis for staff's health-and-safety concern and the retrospective application of engineering standards. He said the city did not provide supporting evidence for the health-and-safety finding and pointed to existing built conditions, including Lot 38, as evidence that sight lines had been maintained. "The city makes an unsubstantiated, without any evidence, statement that there's a health and safety issue," Cywak said, and he urged commissioners to review exhibits he supplied.

Staff summarized the project timeline included in the staff report: the code section referenced (17 16 0 5 0) was adopted in January 2011 under Ordinance 10 71; the Farmstead entitlements were approved in January 2016; engineering standards were revised in November 2019; the final map was approved in November 2019 and recorded in June 2020; and improvement plans were approved in December 2020. Following staff and engineering comments, staff issued a determination on Sept. 6 (year provided in packet) and the appeal was filed Sept. 17 (year provided in packet).

The commission opened the public hearing, heard from the appellant and noted written materials provided by the applicant had been uploaded to the online agenda and handed to commissioners. No members of the public were present to speak. After closing the hearing, a commissioner moved to adopt the staff-recommended option to deny the appeal; the motion was seconded and carried by a vote of 3-0.

The adopted action denies the appellant’s request to place a six-foot fence on the rear property line within the 10-foot street-side setback and PUE. Staff will require revised building-permit plans showing the fence located no closer than 5.5 feet from the property line before issuing permits for Lots 1 and 2.

The commission adjourned at about 6:21 p.m.