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San Joaquin County planning panel denies variance for wall that encroaches into right of way
Summary
The Planning Commission voted 5-0 to deny a variance for a block-and-iron wall built in the North Alpine Road right of way after staff and Public Works said required variance findings could not be made; the owner's attorney said the placement was due to a surveyor's error and offered a revocable encroachment permit as an alternative.
SAN JOAQUIN COUNTY
The San Joaquin County Planning Commission denied a variance request for a property owner who built a block-and-wrought-iron wall that Public Works says sits in the county right of way on North Alpine Road. The commission voted 5-0 to accept staff's recommendation to deny the variance (PA2400350).
Associate Planner Alisa Goulart told the commission the applicant sought a reduced front-yard setback, from 0 feet to -13.24 feet, for an existing fence consisting of a 3-foot-high CMU block topped by 3 feet of wrought iron and located between the roadway and the property line. Goulart said the building permit submitted and finalized on 05/03/2022 depicted the fence on the property line, but a subsequent Public Works survey found the fence in the county right of way, approximately 18 feet from the edge of the paved roadway rather than the 31 feet it would occupy if sited on the property line. Goulart said staff could not make the four required variance findings and recommended denial.
Cheyenne…
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