Zoning Administrator Hearing

City of Sunnyvale Meeting Minutes Zoning Administrator Hearing Wednesday, April 13, 2016 3:00 PM West Conference Room, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 CALL TO ORDER Gerri Caruso, Principal Planner, called the meeting to order at 3:01 p.m. PUBLIC HEARINGS File #: 2016-7179 Location: 1151 W. Remington Drive (APN: 198-43-007) Applicant / Owner: S.A. Davis and Assoc. / Geoffrey W and Leyla A Hanson Trustee Proposed Project: Variance to allow a combined side yard setback of 14 feet where 16 feet is required (SMC 19.34.030) for a proposed addition to an existing single-family home, resulting in a 240 square foot encroachment in the required right side yard. Reason for Permit: A Variance is required when side yard setbacks are not met per Sunnyvale Code requirements. Project Planner: Shétal Divatia, (408) 730-7637, sdivatia@sunnyvale.ca.gov Issues: Combined side yard setbacks Recommendation: Deny the Variance. Ms. Caruso asked Shetal Divatia, Senior Planner, if there were any additional comments. Ms. Divatia noted a correction to the staff report where a 240 square feet addition should be changed to 4.5 square feet. Ms. Caruso inquired about the existing sideyard setback. Ms. Divatia confirmed the setback to be missing 2 feet 10 inches. Ms. Caruso opened the public hearing to the applicant. Mr. Geoffrey Hanson, applicant, stated he was not aware of the setback requirements when he proposed to extend the house. He stated the requirements would limit space for accessible bed placement and a diagonal design was proposed as a workaround allowing bed access on both sides. Mr. Hanson stated the requirements had ruined plans for furniture placement and he'd considered stopping the project. Mr. Hanson stated he felt the variance for a 45 degree City of Sunnyvale Page 1 Zoning Administrator Hearing Meeting Minutes April 13, 2016 addition of 4.5 square feet was a reasonable request. Ms. Caruso confirmed with the applicant staff's explanation of variance approvals and the need for statements or reasons to approve the application. Mrs. Leyla Hanson, applicant, stated the request would improve their quality of life. She clarified the extension with the 90 degree angle would be unused space and access would still be limited as a livable space. Scott Davis, architect, stated the addition would be minimal and not be very noticeable. Mrs. Hanson stated the neighbor behind her property had space that is a patio and not livable space. The wall of her extension facing that neighbor does not have windows, thus would not be a privacy concern. Mr. Davis inquired about the date of changes concerning ordinances for combined setbacks. Ms. Caruso stated the change may have been implemented 8 years ago. Mr. Davis stated the applicants would not have previously remodeled the house in 1998 if they knew of the limitations the new conditions would impose. Mr. Hanson stated the change in requirements limits small changes such as their request. Mrs. Hanson stated the change would impact their lifestyle. Ms. Caruso stated staff had worked with the applicant to find a reason to approve the plan including a hardship or special use. Ms. Caruso confirmed rules imposed by City Council have changed and limitations are what both applicants and staff have to work with. Ms. Caruso stated she is looking for reasons more land use related to approve the variance. Mrs. Hanson stated only one wall was usable for their intended plans, with doors and walkways limiting where the bed could be placed. Ms. Caruso and the applicants discussed the limitations for usable placement of furniture. Mr. Davis stated some ordinances allow for bay windows, which was similar to the addition the applicants were proposing. Ms. Caruso clarified that windows have to be cantilevered 2 feet above the grade as a way to restrict additions to anything other than bay windows. Mr. Davis stated the design meets an intent similar to that of a bay window addition. Ms. Caruso and Mr. Hanson discussed rules and restrictions of ordinances. Ms. Caruso closed the public hearing. ACTION: Ms. Caruso took the item under advisement until Friday, April 15, 2016, City of Sunnyvale Page 2 Zoning Administrator Hearing Meeting Minutes April 13, 2016 and stated at this point she would reconsider the new information provided at the hearing. She said she wanted to manage their expectations. On Friday, April 15, 2016, the Zoning Administrator denied the variance because she could not make all three required variance findings. File #: 2015-8045 Location: 415 S. Mary Ave. (161-40-001) Applicant / Owner: Steve Welter (Applicant) / First American Trust, TTEE of Trust #1082030600 (owner) Proposed Project: Variance to exceed the 150-foot distance requirement from existing dwelling unit to access on-site trash enclosure. Project Planner: Cindy Hom, (408) 730-7411, chom@sunnyvale.ca.gov Issues: Non-compliance with general requirements for solid waste and recycling facilities. Recommendation: Approve Variance to exceed 150-foot distance requirement for access to on-site trash and recycling facilities. Ms. Caruso asked Cindy Hom, project planner, if there was any additional information. Ms. Hom stated there were no changes to the staff report and no comments from the public. Ms. Hom presented a summary of the project. Ms. Caruso clarified with Ms. Hom she only needed to approve the variance and not the architectural changes. Ms. Caruso stated she visited the site and inquired with the applicant if there was anything new to add. Edwin Bruce, architect, stated there was no new information to add. Ms. Caruso opened the public hearing. Mr. Bruce stated the trash enclosure requested by city staff be moved to the front of the site due to difficulty in collecting trash from its current location. He stated it would be made out of concrete masonry. Mr. Bruce emphasized the wing walls would stay and the enclosure would be visible to those coming down Mary Avenue but neighbors across from the structure would not be able to see the trash. Ms. Caruso clarified with Ms. Hom the placement of the trash enclosure was determined so that it would not block required covered parking spaces that are structurally tied together. Ms. Caruso closed the public hearing. City of Sunnyvale Page 3 Zoning Administrator Hearing Meeting Minutes April 13, 2016 ACTION: Ms. Caruso approved the project subject to the findings and conditons of approval located in the staff report to allow a distance greater than 150 feet to the trash enclosure to each unit. ADJOURNMENT Ms. Caruso adjourned the meeting at 3:35 p.m. City of Sunnyvale Page 4