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Sutter County waives fence fee and legalizes 6‑foot fence at Nicholas Tavern
Summary
The Sutter County Board of Supervisors approved a variance and waived fence‑related fees to legalize a 6‑foot fence at Nicholas Tavern after hearing that the fence was installed for security and to meet Alcoholic Beverage Control guidance; the board clarified it could not waive unrelated septic fees.
The Sutter County Board of Supervisors on Sept. 23 approved a variance to legalize an existing six‑foot solid wood fence at the Nicholas Tavern and voted to waive fence‑related application fees.
Associate planner Ravina Soraya told the board the fence sits about five feet inside a 15‑foot front‑yard setback on the parcel’s commercial frontage and was installed primarily for security and to comply with California Department of Alcoholic Beverage Control standards. Soraya said staff found the fence consistent with the area's existing encroachments and that the project is exempt from the California Environmental Quality Act if approved.
Applicant Liz Terrell said she began the permitting process in 2022, described a protracted septic and lot‑line process that cost her about $50,000, and said staff initially told her the variance carried no extra fees but later said additional fees were due. "I paid $1,800 in 2022... they said I did the wrong application and now needed $4,000," Terrell said, asking the board to waive the fees and allow the fence to remain where constructed.
County counsel and staff clarified the board’s authority: it could address fees connected with the fence and the variance on the current agenda but could not retroactively waive fees tied to the separate septic work without a separate agenda item. Supervisor Jeff Stevens moved to waive the fence fees and approve the variance; the motion passed on a 5‑0 roll call vote.
The variance allows the fence to remain flush with the building about five feet from the property line; staff said there will be no change to the property's use and no foreseeable negative impact to neighbors. If approved, staff will file a notice of exemption under CEQA, and the county will document conditions of approval outlined in the staff report.
The board’s action resolved the immediate zoning question for the tavern; any request to waive fees unrelated to the fence portion of the project would require a separate agenda item and vote.
