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Board continues as‑built fence variance at 2360 Paradise Drive after staff flags public-right‑of‑way encroachment
Summary
A requested height variance for an as-built stepped rear fence at 2360 Paradise Drive was continued to April 17 after staff identified a likely encroachment of a sliding gate and curb into a public right of way; staff advised the applicant to pursue the town's encroachment-permit process before the board finalizes action.
The Design Review Board continued consideration of an as-built fence and gate at 2360 Paradise Drive after staff flagged a potential encroachment into the Linda Vista Avenue right of way and advised further review by public works.
Landscape designer (presenter) Alex (Integrated Design Studio) and homeowners John and Julie Stewart asked the board to approve a stepped rear fence along the southwest property line that ranges from about 5 feet 9 inches to 8 feet 8 inches above the adjacent terrain. The applicants said the prior fence had been dilapidated and unstable — it fell in storms — and that they installed a rolling gate and new fence for safety. The applicants provided as-built elevations and compared them to the fence detail originally shown to staff (a 4-foot solid fence with a 2-foot lattice top).
During the hearing staff and board members reviewed a recorded survey and photographs and identified a brick curb and a short wall supporting the sliding gate that appear to sit partially in the Linda Vista Avenue right of way rather than entirely on private property. Planning staff advised that structures in a public right of way typically require an encroachment permit from the town’s public works department and that the permitting/encroachment process should be resolved before the board grants a final design approval for any element that projects into the public right of way.
Neighbors on the opposite side of Linda Vista — who testified via Zoom — said they were pleased with the homeowners but asked the board to require a less industrial-looking gate and restoration of planting that had been removed. The applicants said they were willing to work with the town and neighbors but told the board that removing or relocating the curb and gate would be a major undertaking.
Given the encroachment question, the board continued the public hearing to April 17 and asked the applicants to resolve the public‑works/encroachment issue and return with either documentation of required encroachment permission or a revised design that sits entirely on private property. Staff noted that if an encroachment permit is not available, the applicants would have to modify the rolling gate and related wall so no structure remains in the right of way.
