Board modifies cemetery-access condition for fence at 3505 Valley Pike, denies easement requirement

The City of Riverside Board of Zoning Appeals voted to modify a prior variance condition for 3505 Valley Pike so the applicant may build a fence that encompasses most of the parcel while preserving access to an adjacent cemetery.

Staff said the condition in the original October approval required the applicant to verify and, if necessary, establish an access easement to the neighboring Deal Cemetery. After months of due diligence the applicant and staff were unable to identify a recordable owner or an existing easement. "There's no record of an existing access easement to the cemetery or responsible party we could identify," staff said, noting the difficulty of locating some historic cemetery records.

Applicant representative Bryce Clayton told the board he conducted recorder and auditor searches and could not find a deed or owner contact information for the cemetery. "There's no tax mailing address or anything to find them," Clayton said, explaining an express easement cannot legally be executed without a counterparty who can sign.

Staff recommended the board replace the easement-execution requirement with a narrower condition: the fence may not block or impede access to the cemetery and must provide appropriate clearance if an access path exists. The board approved the modification by roll call vote, with one recorded no vote.

Staff advised that the variance and its conditions will remain on the land records and would run with the land unless modified by a future administrative or judicial action. The modification allows the applicant to pursue permits for the fence so long as the final construction does not eliminate access to the cemetery.