MAC Says No to Fence, Yes to Renovation

A property owner with a too-tall fence got a rejection from the Castro Valley Municipal Council (MAC) at its Monday night meeting, while another homeowner got the go-ahead to expand their century-old home.

The MAC denied an application for a variance that would have allowed a six-foot fence in an area zoned for fences that are a maximum of four feet at 3675 Christensen Lane. The property owner has installed a wooden fence in the front yard that reaches heights of six feet tall in places. The area isn’t zoned for this, so they requested but were ultimately denied a variance.

The applicant, John Feeny, said the fence was necessary for children’s safety. But the MAC said they didn't see a reason to make an exception to an existing rule in this case.

“I think the residential guidelines should be upheld,” said MAC member Ken Carbone. “A four-foot fence is adequate.”

The MAC said the site had a history of “poor planning” since it was approved for subdivision as a duplex on two parcels in the 1990s. Flash forward 30 years to February 2022, and the site was cited for a code enforcement violation by the County for having a fence that exceeded allowable height.

A subsequent appeal was denied by the Board of Zoning Adjustments (BZA) in April of that year, and the Board of Supervisors later upheld the BZA's decision in June 2022. The fence was declared a “public nuisance.” The property owner was ordered to remove or reduce the fence height to comply with county design standards.

The applicant then requested the variance from the MAC, which was denied at this week's meeting.

In other business, the MAC approved a variance that would allow the expansion of a single-family home with a reduced rear yard setback at 4346 Edwards Lance.

The variance allows a five-foot setback, where 20 feet are normally required. The site is a 6,994-square-foot corner lot with a single-family one-story home of 1,092 square feet built in 1920 with two bedrooms and one bathroom. The homeowners want to build a 523-square-foot addition on the right side of their property with a family room, an additional bedroom, and one and a half baths.

County staff recommended allowing the variance, citing the "special circumstance" of the home being over 100 years old, saying allowing the expansion would make the home consistent with other, newer construction in the area which consists of larger, three-bedroom homes.

The MAC’s recommendation for approval now moves on to the BZA.