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Zoning Administrator Hearing

Regular Meeting

Sunnyvale, CA · July 29, 2015

AgendaMinutes

Minutes

City of Sunnyvale Meeting Minutes Zoning Administrator Hearing Wednesday, July 29, 2015 3:00 PM West Conference Room, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 CALL TO ORDER Andrew Miner, Principal Planner, called the meeting to order at 3:00 p.m. PUBLIC HEARINGS 1 File #: 2015-7427 Location: 1222 Susan Way (APN: 198-13-071) Applicant / Owner: Qian Pietila Proposed Project: Variance for a 10 foot combined side yard setback where 12 feet is required. Design Review for a 433 square foot addition (406 square foot garage and 27 square foot half bathroom) to an existing 2,176 two-story single-family residence. Project will result in 2,609 square feet total and 45% FAR. Reason for Permit: A variance is required for the combined side yard setback. Project Planner: Jonathan Caldito, (408) 730-7452, Jcaldito@sunnyvale.ca.gov Issues: Combined side yard setbacks Recommendation: Approve with conditions Mr. Jonathan Caldito, Project Planner, presented the staff report. Mr. Miner confirmed with Mr. Caldito that he made the Variance findings. Mr. Miner discussed with Mr. Caldito the justification of the findings. Mr. Miner opened the public hearing. Mr. Miner confirmed with Ms. Qian Pietila, the applicant, that she had read the staff report. Ms. Pietila stated that she had the project approved 10 years ago, but had not gone forward with it. Mr. Miner clarified with Ms. Pietila the differences between the previously approved and proposed projects. Mr. Miner stated there had been code changes in the last 10 years and that similar projects in the area had not required a Variance. Mr. Michael Tsao, architect with Arch Design Group, offered similar projects in the area. Mr. Miner discussed with City of Sunnyvale Page 1 Zoning Administrator Hearing Meeting Minutes July 29, 2015 Mr. Tsao some possible plan changes that would meet the current set-back requirements. Mr. Miner clarified with Ms. Pietila and Mr. Tsao the changes to codes and the reasons for allowing a Variance. Mr. Miner stated his hesitence to granting the Variance without further study of other recent similar projects. Mr. Miner discussed with Mr. Caldito the need for further research. Mr. Miner stated he would take the project under advisement. Mr. Miner closed the public hearing. ACTION: Mr. Miner took this item under advisement to Wednesday August 5, 2015 and directed staff to do some further research to see if there were any similar Variances in the area that could be used as precedent for the project approval. Addendum: August 6, 2015 Mr. Miner reviewed staff's research and could not make Variance findings 1 and 3. Mr. Miner stated that no special circumstances were found that would prevent the applicant from meeting the setback requirements. The entryway can be reduced in width to allow the garage to be moved to meet the setback requirement. Mr. Miner also stated that no comparable project in the area within the last 10 years had failed to meet the setback requirements or required a Variance, and it appears that recent applicants have been able to meet the requirements. ACTION: Mr. Miner denied the Variance application as he could not make the findings. Mr. Miner stated that the decision is final unless appealed to the Planning Commission with payment of the appeal fee within the 15-day appeal period. ADJOURNMENT Mr. Miner adjourned the meeting at 3:17 p.m. City of Sunnyvale Page 2

Agenda

City of Sunnyvale Notice and Agenda - Final Zoning Administrator Hearing Wednesday, July 29, 2015 3:00 PM West Conference Room, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 CALL TO ORDER PUBLIC HEARINGS 1 15-0731 File #: 2015-7427 Location: 1222 Susan Way (APN: 198-13-071) Applicant / Owner: Qian Pietila Proposed Project: Variance for a 10 foot combined side yard setback where 12 feet is required. Design Review for a 433 square foot addition (406 square foot garage and 27 square foot half bathroom) to an existing 2,176 two-story single-family residence. Project will result in 2,609 square feet total and 45% FAR. Reason for Permit: A variance is required for the combined side yard setback. Project Planner: Jonathan Caldito, (408) 730-7452, Jcaldito@sunnyvale.ca.gov Issues: Combined side yard setbacks Recommendation: Approve with conditions City of Sunnyvale Page 1 Printed on 7/24/2015 Zoning Administrator Hearing Notice and Agenda - Final July 29, 2015 ADJOURNMENT Agenda information is available by contacting The Planning Division at (408) 730-7440. Agendas and associated reports are also available on the City’s web site at sunnyvale.ca.gov or at the Sunnyvale Public Library, 665 W. Olive Ave., Sunnyvale, 72 hours before the meeting. PLEASE TAKE NOTICE that if you file a lawsuit challenging any final decision on any public hearing item listed in this agenda, the issues in the lawsuit may be limited to the issues which were raised at the public hearing or presented in writing to the City at or before the public hearing. PLEASE TAKE FURTHER NOTICE that Code of Civil Procedure section 1094.6 imposes a 90-day deadline for the filing of any lawsuit challenging final action on an agenda item which is subject to Code of Civil Procedure section 1094.5. Pursuant to the Americans with Disabilities Act, if you need special assistance in this meeting, please contact the Planning Division at (408) 730-7440. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (29 CFR 35.106 ADA Title II) City of Sunnyvale Page 2 Printed on 7/24/2015

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