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PC 07-22
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PC 07-22
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Last modified
7/22/2022 1:20:42 PM
Creation date
7/22/2022 1:20:40 PM
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Resolutions
Number
07-22
Date
05-12-2022
Description
Approving a Site Development Permit and Variance to Allow for a New Pool at 25560 Fernhill Road
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EXHIBIT A <br />FINDINGS <br />25560 Fernhill Road — File # SD21-0050 & VAR21-0005 <br />1. With regard to the Site Development Permit (SD21-0050) to allow for anew pool, the Planning <br />Commission finds in accordance with Section 10-2.102 of the Los Altos Hills Municipal Code <br />as follows: <br />a. The proposed development is in compliance with all regulations and policies set forth in <br />the Site Development ordinance. <br />The proposed pool, with the exception of the setback encroachment, comply with all <br />applicable regulations and policies set forth in the Site Development Ordinance because <br />the project does not exceed maximum development area, does not require a grading policy <br />exception, and complies with all other applicable requirements in the Site Development <br />Ordinance. <br />2. With regard to the Variance (VAR21-0005) to allow for a 15 -foot encroachment into the <br />required 30 -foot side yard setback from an ingress and egress easement, the Planning <br />Commission finds in accordance with Section 10-1.007(2) as follows: <br />a. That, because of exceptional or extraordinary circumstances applicable to the subject <br />property, including size, shape, topography, location or surroundings, the strict <br />application of the provisions of this title is found to deprive such property of privileges <br />enjoyed by other properties in the vicinity and under identical zoning classification. <br />The entire property is characterized by steep slopes and a neighbor's ingress and egress <br />easement while the existing residence is located in the widest portion of the property, <br />forcing the location of appurtenant structures downhill into the narrower portion of the lot. <br />Furthermore, the existing septic system is located near the house, further forcing any <br />appurtenant structures downhill in the narrower portion of the lot. Finally, a large, centrally <br />located oak tree forces the pool to the northeasterly portion of the narrow, downhill area. <br />Because of this site layout and the ingress and egress easement, the Town's standard 30 - <br />foot side yard setback cannot be accommodated while retaining the large oak tree. Strict <br />application of the Code would deprive the applicant of the ability to enjoy their property. <br />b. That upon the granting of the variance, the intent and purpose of the applicable sections <br />of this title will still be served and the recipient of the variance will not be granted special <br />privileges not enjoyed by other surrounding property owners. <br />The purpose and intent of the Town's setbacks is to protect neighbors from visual and <br />privacy impacts caused by developments. The setback regulations are generally meant to <br />protect residences from visual and privacy impacts of floor area and development area. <br />Resolution PC 07-22 Page 2 of 6 <br />
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