Homeowner Feels Fenced In : City Design Panel Says White Picket Enclosure Is Too High; She Appeals

LAGUNA BEACH —  First there was the house that the city of Laguna Beach said was painted the wrong shade of white. Now comes the case of the white picket fence that is six inches too high.

The city’s Design Review Board agrees that Kathy Gallaway’s fence is attractive, but says that the fence posts are six inches higher than the four-foot maximum and that the fence has an eight-foot arched entry. Though 40 of Gallaway’s neighbors signed a petition supporting the fence, the Design Review Board says there is “no legal justification” for it.

Gallaway said she is perplexed and frustrated by the city’s reaction, and is appealing her case to the City Council tonight.

“We’re not talking about world hunger here,” said Gallaway, a first-time homeowner who moved to Laguna Beach from San Francisco last year and built the fence in October.

Gallaway, who built the fence herself with a friend, calls it “the cutest thing on the street” and says she has no plans to change it.

However, City Manager Kenneth C. Frank said there is no doubt the fence was built illegally.

“It’s a cut-and-dried case,” Frank said Monday. “There’s no question it doesn’t comply with the zoning ordinance so she needs to get a variance or take it down.”

A variance is required for any fence higher than four feet. Design Review Board member Andy Wood said that Gallaway faces “a bum situation” but that the rules are clear regarding the four circumstances that must be met before an exemption can be granted.

An exemption, or variance, can be issued if the property in question has an irregular topography that is responsible for the problem; if the variance would ensure that the applicant enjoys the same rights as other property owners; if the the exemption would not harm the public health and safety, including affecting the appearance of the area, and if the exemption does not conflict with zoning laws or the city’s General Plan.

“It’s pretty sticky as far as we’re concerned,” he said. “If the Design Review Board can’t find a legal justification for granting the variance and the person wants to pursue it (beyond the board), it has to go to council.”

Gallaway said she has found 41 houses within a three-block radius of her home with fences, gates or arches higher than four feet and said she feels unfairly singled out. “There was sort of a precedent set in the neighborhood,” she said.

In addition, Gallaway, 41, said she was put in an uncomfortable situation when the board suggested that she look through the files to see whether her neighbors had obtained permits or variances for their fences. The majority had not, she said.

City officials say those fences may have been built before the zoning regulations went into effect at least 10 years ago.

Earlier this year, a controversy arose when the city refused to allow Nick and Denise Karagozian to move into their new home because it was painted a shade of white that the city deemed too bright. The Karagozians had agreed to paint the house “sandstone,” as approved by the Design Review Board, but switched to “shell white” at the last minute, thinking the color was close enough.

The City Council voted 4 to 0 to reject the Karagozians’ appeal. When the council’s action was publicized, the Karagozians were showered with support from the public, including radio talk show host Joe Crummey, who featured Nick Karagozian as a guest on his program and then arranged to have the home painted red, white and blue in defiance of the city.

After an upbeat house painting party, attended by hundreds of Laguna Beach residents, the city negotiated a compromise with the Karagozians and the house in a compromise was repainted a shade of white between sandstone and shell white.

As was the case for the Karagozians, Gallaway must marshal the support of four of the five council members to overturn the Design Review Board’s decision. Otherwise, Frank said, Gallaway must change her fence or the city will take her to court.

The fact that about 40 of her neighbors support the fence does not necessarily make a difference, Frank said. “Just because you don’t have opposition doesn’t mean it’s legally right,” he said.

But Gallaway said her picket fence is perfect for the house and she is still hoping the council will save her.

“At this point, I couldn’t even afford to have somebody come in and shorten my fence,” Gallaway said. “I’m actually pretty devastated this whole thing has gone on, and I can’t wait until Tuesday night to get it over with.”