San Joaquin County planning commissioners voted unanimously to recommend denial of a variance request for an existing block wall and fence constructed inside the county right of way along North Alpine Road.

Associate Planner Alisa Goulart told the commission staff "recommends that the Planning Commission deny the variance" because the applicant could not meet required findings. Goulart said the property is in a limited-agriculture zone where an open fence may be placed on a front property line only if it meets design standards, and that the built wall does not comply with rules governing placement and height. Staff reported the building permit for work at the site was finalized on 05/03/2022 but Public Works later found the fence inside the county right of way and flagged safety and drainage concerns.

Cheyenne Raymond, engineering services manager with Public Works, said the department received a complaint, surveyed the location and "determined that the fence was in the right of way." Raymond said Public Works sent three letters to the property owner notifying them the fence is an illegal encroachment and that the department has surveyed and confirmed the placement.

Neighbor Thomas Krause, who lives adjacent to the property, alleged multiple unpermitted actions during construction: he said demolition and subsequent building occurred without permits, that the new wall extends 13 feet into the public right of way and 4 feet onto Krauses driveway, that a 330-foot 24-inch pipe was installed and a drainage ditch was filled without permits, and that five heritage oaks were cut. "Permits were applied for only after the county discovered these completed construction projects," Krause said. Krause told the commission he has a lawsuit pending against the property owner.

The property owners attorney, Paul C. Kozlo, acknowledged the wall is in the wrong location and blamed a survey error by a prior surveyor. Kozlo said moving the wall would be costly and offered an alternative: a revocable encroachment permit with plan review, drainage corrections, and insurance naming San Joaquin County as an additional insured; he said the owner would move the wall if the county later widened Alpine Road.

Deputy Public Works Director Alex Chetley said encroachment approvals are rare and have been done in unusual, "special circumstances." Public Works described how an encroachment permit could be structured: the county would review plans, require necessary repairs for drainage and safety, require insurance and an agreement that the permit is revocable and that the owner would relocate the wall at their expense if the road is widened.

After discussion, a commissioner moved to accept staffs recommendation to deny variance PA2400350 because findings 1, 2, 3 and 4 could not be made in the affirmative; the motion was seconded and passed on a roll-call vote of 5-0. The chair advised the applicant of appeal rights under Government Code section 65009(b)(2). The appeal period for this agenda item expires on 12/01/2025 at 5 p.m.; an appeal fee of $1,027.30 was announced.

The commission approved the motion to deny the variance; Public Works and planning staff said the owner may pursue an encroachment permit or appeal the decision to the Board of Supervisors or challenge it in court.