By Elizabeth Cloutman

Two neighboring families came to the Los Altos Hills City Council last Thursday to settle a dispute about fence height.

“I’m very disappointed this dispute has reached the height it has,” said Mayor Tony Casey.

Randall and Donna Kruep had requested the planning commission to grant two variances from town building ordinances. The first was to allow a 1-foot trellis (with decorative fence posts extending another foot) atop their planned 6-foot solid redwood fence. The Krueps wanted to obscure their view of their neighbor Fran Gilbert’s fence. The Krueps said Gilbert’s 6-foot cyclone fence, topped with 1-foot-high barbed wire, was not only unsightly (some neighbors jokingly referred to it as “Stalag 13″) and not in keeping with the town’s rural atmosphere, but also a danger to the Krueps’ small children. The second request was to extend the fence as close as 20.5 feet from the centerline of Sunrise Farm Road, also to obscure their view of the Gilberts’ fence. Town ordinances require a 30-foot setback.

The Krueps believed their request met the “unique circumstances” required for the variances. They noted that although they had offered to tear down Gilbert’s old fence, which was itself the result of a variance granted in 1967, she refused, citing security reasons. The Krueps’ landscaping contractor erected 8-foot fence posts in July in anticipation of a variance being granted.

On Sept. 13, the planning commission denied their request, saying the problem would be better mitigated by planting trees or shrubbery. Mayor Toni Casey appealed the commission’s decision.

Ironically, it was not Gilbert who objected to the fence construction, but Go and Kay Sasaki, whose property also borders on the Krueps’ land. The Sasakis said the solid fence with its height extension would block their view of the Bay and thus depreciate the value of their property.

Fearful the council might override the planning commission’s recommendation and set a precedent for allowing other such structures, the Sasakis obtained a lawyer and presented a petition signed by other neighbors opposed to the council’s granting the variances.

“We didn’t move to a neighborhood to have our first meeting with a neighbor a threat of legal action,” Randall Kruep said. “We’re willing to live with what the planning commission decides.” He said he had told the Sasakis he would be willing to leave the trellis off their portion of the fence, but the Sasakis still objected to the fence variances.

Both Casey and Council Member Steve Finn felt the Krueps’ circumstances were indeed unique and thus qualified for the variances. Casey also suggested a compromise of holding the trellis height to 8 inches and eliminating the decorative posts. Council members Bob Fenwick, Emily Cheng and Mike O’Malley said they felt the variance might set a precedent.

After listening to comments from the Krueps, the Sasakis and other residents, as well as the Krueps’ landscape contractor and Gilbert’s son Brian, the council voted 3-2 against granting the variance, with Casey and Finn dissenting.