HUNTINGTON BEACH : Council Upholds Ruling Against Fence

The City Council has ordered the removal of an illegally built wrought-iron fence that a couple have been fighting to keep for the last six months.

Hany and Pamela Henien last year spent $3,000 to install a white 6-foot fence in front of their Rocky Mountain Drive home to improve its appearance and provide security.

Some neighbors, however, complained that the color, height and design of the fence did not suit the rest of the residential area, near Adams Avenue and Bushard Street. When opponents brought their complaints to city staff members, they learned that under city codes, the fence is too tall and too close to the sidewalk.

The Heniens’ fence is nearly twice as tall as the city’s 3 1/2-foot height limit. It is also built along the sidewalk, apparently violating the city code, which stipulates that fences must be set back 15 feet from the property line. City staff members said the height regulation could be waived if the fence were not so close to the sidewalk.

Both the city’s zoning administrator and the Planning Commission refused to give the Heniens a permit for the illegal fence, and the council on Monday upheld those rulings.

At Monday’s public hearing before the council, the Heniens squared off against their opponents, including a next-door neighbor with whom they say they have a long-running feud.

“I didn’t move from Chicago to Huntington Beach to look at a monstrous fence,” resident Gene Chute said. “I came to Huntington Beach because of the people and aesthetics of the neighborhood.”

Henry S. Oleksiewicz, the Heniens’ next-door neighbor, gave the council a petition, which he said included signatures from more than 200 area residents who oppose the fence.

Hany Henien produced a petition of his own, which he said bore the names of more than 100 residents. He said he is willing to change the color of the fence but would not lower or move it.

“We’ve lived here for 4 1/2 years, and we’ve done nothing but try to fix our house up,” Pamela Henien told council members. “If you could give us three to six months, you could let us fix up the rest of the house and then decide if it’s an eyesore or it isn’t an eyesore.”

Council members, however, unanimously rejected the couple’s final pleas. Some members said Henien should have known that a permit was required for the fence, noting that he works as an engineer for Orange County.