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PC 13-22
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PC 13-22
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Last modified
10/5/2022 11:08:44 AM
Creation date
10/5/2022 11:08:43 AM
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Resolutions
Number
13-22
Date
09/01/2022
Description
Denying a Variance for Decking and Patios to Exceed Maximum Development Area t 27640 Sherlock Road
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would be applicable to the subject parcel and the strict application of the applicable <br />standards would not deprive such property of privileges enjoyed by other properties in the <br />vicinity. <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 />MDA calculation is applied universally on all properties in Los Altos Hills. The Town <br />recognizes that steep topography and site features exist for various properties in the <br />community, and it takes into consideration such features when considering whether to grant <br />a variance. Upon review of properties in the vicinity none were found to be exceeding <br />MDA due to approved legal non -conforming construction dating back to before or around <br />the time of the Town's incorporation as is typical of some older properties. As noted in <br />Finding #1 above, there are no facts suggesting additional extraordinary circumstances to <br />warrant a MDA variance in this case. The subject property is similarly situated as <br />neighboring parcels, where property owners enjoy the use of their properties in the same <br />way, and there are no facts suggesting the presence of any special circumstances for the <br />subject property. Thus, it is appropriate to apply the MDA requirement consistently across <br />the board and especially to similarly situated properties and granting a variance for this <br />proposed project would defeat the purpose of requiring MDA calculations and standards. <br />The granting of the variance to exceed MDA, would be a special privilege not enjoyed by <br />other surrounding property owners as there are no special circumstances for this parcel. <br />c. That the granting of such variance will not be materially detrimental to the public welfare <br />or injurious to the property, improvements or uses within the immediate vicinity and within <br />the same zoning district. <br />The granting of the variance could be materially detrimental to the public or neighboring <br />properties due to visibility of the excess development area from Sherlock Road. Given the <br />steepness of the lot and limited building area, the granting of the Variance may give the <br />appearance of the property being overdeveloped. However, landscape screening could be <br />required to limit the impact of the excess development. <br />d. That the variance will not authorize a use or activity which is not otherwise expressly <br />authorized by the zoning district regulations governing the parcel or property. <br />The use or activities associated with the variance request are permitted uses in the R -A <br />District. <br />Resolution PC 13-22 Page 3 of 3 <br />
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