Zoning Administrator Hearing
Regular MeetingSunnyvale, CA · March 1, 2023
Minutes
City of Sunnyvale
Meeting Minutes
Zoning Administrator Hearing
Wednesday, March 1, 2023 3:00 PM West Conference Room, City Hall, 456 W.
Olive Ave., Sunnyvale, CA 94086
Public Participation
Accessibility/Americans with Disabilities Act (ADA) Notice
CALL TO ORDER
Michelle King, Zoning Administrator, called the meeting to order at 3:00 p.m.
PUBLIC HEARINGS
Proposed Project:
USE PERMIT to construct a 7-foot 5-inch tall fence in the front yard of an
existing single-family home.
File #: 2022-7447
Location: 1152 Snowberry Court (APN: 202-08-027)
Zoning: R-1/S (Low Density Residential / Residential Single-Story)
Applicant / Owner: Linda Taalman (applicant) / Katrin Kuttner (owner)
Environmental Review: Class 3 Categorical Exemption relieves this
project from the California Environmental Quality Act (CEQA) provisions.
Project Planner: Cindy Hom, 408-730-7411, chom@sunnyvale.ca.gov
Ms. King inquired with Cindy Hom, Project Planner, if there were any additions to
the staff report.
Ms. Hom had no updates to the staff report and received no public comments.
Ms. King inquired with the applicant if there were any additions or comments.
Linda Taalman, applicant, shared a brief presentation outlining the location,
dimensions and materials of the fence.
Ms. King opened the hearing to public comments.
Shu-Yi Yu, a member of the public, inquired why the proposed fence is 7-foot,
5-inches tall.
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Zoning Administrator Hearing Meeting Minutes March 1, 2023
Ms. Taalman responded that the height will match the side property line fence and
will be more visually appealing. The height will also ensure privacy for the pool and
ADU on the property.
Ms. King requested that Ms. Taalman bring up a slide in her presentation that
showed the configuration of the fence. Ms. King confirmed the height of the fence
and that the proposed height would match the existing side fence.
Ms. King closed the hearing to public comments.
ACTION: Approve the Use Permit with recommended Conditions in Attachment 3.
Proposed Project:
VARIANCE: to legalize an existing 189 square foot detached accessory
structure in the rear yard of a single-family property with a 10-inch side
setback where 4 feet minimum is required, and a 7-foot rear yard
setback where 10 feet minimum is required.
Location: 424 Bryan Avenue (APN: 209-11-034)
File #: PLNG-2022-7714
Zoning: R-2 (Low Medium Density)
Applicant / Owner: Wayne Lin (applicant) / Thomas Moser (owner)
Environmental Review: Class 1 Categorical Exemption relieves this
project from the California Environmental Quality Act (CEQA) provisions.
Project Planner: Drew Taplin, 408-730-7407,
dtaplin@sunnyvale.ca.gov
Ms. King inquired with Drew Taplin, Project Planner, if there were any additions to
the staff report.
Mr. Taplin informed that two public comment letters were received. He made a brief
presentation to summarize the staff report. Staff’s recommendation was to make the
findings for denial because 3 findings were not met.
Ms. King inquired with the applicant if there were any additions or comments.
Stacey Moser, owner, gave a brief presentation and explained the need for the
structure due to size of the property and use needed during the COVID-19
work-from-home era. Ms. Moser also showed existing larger structures in the
neighborhood.
Ms. King opened the hearing to public comments.
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Zoning Administrator Hearing Meeting Minutes March 1, 2023
William, a member of the public, expressed disapproval of the variance and did not
want to follow a bad precedent that this variance might set. He noted that he was
not informed of this structure.
Ms. Moser stated she did inform neighbors that were adjacent to their property line
and that neighbors expressed approval of the need of the use of the structure
during quarantine. She apologized that William was not informed.
Ms. King closed the hearing to public comments.
Ms. King expressed that it was a difficult case to make a ruling for. Ms. King states
that where there might be an argument for the project to meet Finding 2 and 3,
Finding 1 is clearly not met. She stated since a finding could not be met, she will
have to deny the Variance.
ACTION: Make the findings for Denial in Attachment 2 and Deny the Variance
Permit.
ADJOURNMENT
Ms. King adjourned the hearing at 3:32 p.m.
City of Sunnyvale Page 3
Agenda
City of Sunnyvale
Notice and Agenda - Final
Zoning Administrator Hearing
Wednesday, March 1, 2023 3:00 PM West Conference Room, City Hall, 456 W.
Olive Ave., Sunnyvale, CA 94086
Meeting Online Link: https://sunnyvale-ca-gov.zoom.us/j/94442399040
Public Participation
• Teleconference participation: You may provide audio public comment by
connecting to the teleconference hearing online or by telephone. Use the Raise
Hand feature to request to speak (*9 on a telephone):
Hearing online link: https://sunnyvale-ca-gov.zoom.us/j/94442399040
Hearing call-in telephone number: 833-548-0276 | Meeting ID: 944 4239 9040
• Watch the Zoning Administrator hearing at
www.Sunnyvale.ca.gov/YouTubeMeetings
• Submit written comments to the Zoning Administrator no later than 4 hours prior
to the hearing start to planning@sunnyvale.ca.gov or by mail to Sunnyvale
Planning Division, 456 W. Olive Avenue, Sunnyvale, CA 94086-3707
• Review recordings of this hearing and past hearings at
https://sunnyvaleca.legistar.com/calendar.aspx or
http://youtube.com/SunnyvaleMeetings
Accessibility/Americans with Disabilities Act (ADA) Notice
Pursuant to the Americans with Disabilities Act (ADA), if you need special
assistance to provide public comment, or for other special assistance; please
contact the City at least 48 hours prior to the meeting to enable the City to make
reasonable arrangements to ensure accessibility to this meeting. ADA contact: The
Planning Division may be reached at 408-730-7440 or planning@sunnyvale.ca.gov
(28 CFR 35.160 (b) (1)).
CALL TO ORDER
Call to Order via teleconference.
City of Sunnyvale Page 1 Printed on 2/22/2023
Zoning Administrator Hearing Notice and Agenda - Final March 1, 2023
PUBLIC HEARINGS
23-0251 Proposed Project:
USE PERMIT to construct a 7-foot 5-inch tall fence in the front yard of
an existing single-family home.
File #: 2022-7447
Location: 1152 Snowberry Court (APN: 202-08-027)
Zoning: R-1/S (Low Density Residential / Residential Single-Story)
Applicant / Owner: Linda Taalman (applicant) / Katrin Kuttner
(owner)
Environmental Review: Class 3 Categorical Exemption relieves this
project from the California Environmental Quality Act (CEQA)
provisions.
Project Planner: Cindy Hom, 408-730-7411,
chom@sunnyvale.ca.gov
Recommendation: Alternative 1. Approve the Use Permit with recommended
Conditions in Attachment 3.
23-0395 Proposed Project:
VARIANCE: to legalize an existing 189 square foot detached
accessory structure in the rear yard of a single-family property with a
10-inch side setback where 4 feet minimum is required, and a 7-foot
rear yard setback where 10 feet minimum is required.
Location: 424 Bryan Avenue (APN: 209-11-034)
File #: PLNG-2022-7714
Zoning: R-2 (Low Medium Density)
Applicant / Owner: Wayne Lin (applicant) / Thomas Moser (owner)
Environmental Review: Class 1 Categorical Exemption relieves this
project from the California Environmental Quality Act (CEQA)
provisions.
Project Planner: Drew Taplin, 408-730-7407,
dtaplin@sunnyvale.ca.gov
Recommendation: Alternative 3. Make the Findings for Denial in Attachment 2
and Deny the Variance Permit.
City of Sunnyvale Page 2 Printed on 2/22/2023
Zoning Administrator Hearing Notice and Agenda - Final March 1, 2023
ADJOURNMENT
Notice to the Public:
Agenda information is available by contacting The Planning Division at
408-730-7440 or planning@sunnyvale.ca.gov. Agendas and associated reports
are also available on the City’s website 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.
City of Sunnyvale Page 3 Printed on 2/22/2023
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