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Council denies fence‑height exception at 10 Charles Street; orders remedies to address safety
Summary
After an appeal and public testimony, the Town Council denied a land‑use appeal seeking a fence‑height exception for a fence partially in the town right‑of‑way at 10 Charles Street, and directed staff to pursue short‑term reductions to 3‑ft heights in front sight‑areas while working with the owner on any right‑of‑way options.
The Los Gatos Town Council on Aug. 19 denied an appeal by a property owner seeking an exception to the town’s fence‑height rules for a fence at 10 Charles Street that exceeds the three‑foot height limit in front and sits, in part, in the town right‑of‑way.
Planning staff (Sean Mullen) told the council the fence at one point measures 5 ft 4 in and is sited along the property line, turning east and entering the town right‑of‑way along Charles Street. Staff recommended upholding the Planning Commission’s denial because the town could not make the findings necessary to grant an exception.
Neighbors who live adjacent to the property urged the council to uphold the commission’s decision. Kevin Chzny, who said he lives at 2 Charles Street and is directly adjacent, said the fence encroached about 80 feet into the public right‑of‑way in places and created sight‑line hazards for pedestrians and drivers. “This is not just a simple fence dispute. It is a matter of public safety,” he told the council.
The appellant said personal hardship—his wife’s illness and death—had delayed resolving the administrative warning and said he had engaged with neighbors and staff on a revised plan. He offered a revised exhibit that would reduce fence and shrub heights to no more than 3 feet in multiple street‑front areas (triangles A, B, C and D on the plan) while leaving taller fencing set farther back; he also said he was open to a license agreement for a fence that occupies right‑of‑way.
After public testimony and deliberation, Mayor Hudis moved to deny the appeal, pointing to the Planning Commission’s findings based on the record before it; Council Member Risto seconded. The motion passed on a roll call vote. Council directed staff to work with the property owner to promptly require removal or reduction of front‑yard fence heights to three feet in the key sight‑line areas to remedy the public‑safety violation and to pursue, at staff level, options and documentation related to any fence located in the public right‑of‑way, including whether a license agreement would be appropriate.
What comes next: Staff said it will proceed through the code‑violation process to ensure the front‑yard sight lines are corrected quickly and will work with the appellant on the right‑of‑way matters; if the owner seeks an exception or a license, the owner must supply survey and plan evidence to support it.
Reporting note: statements and vote recorded at the Aug. 19, 2025 Los Gatos Town Council meeting; quotations reflect speakers’ recorded remarks.
