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d) The proposed development is in compliance with all regulations and policies set forth in the Site Development ordinance. The proposed development is in compliance with all regulations and policies set forth in the Site Development ordinance. The project does not exceed MDA and MFA, does not exceed the maximum height, and does not encroach further into the setback. 2. With regard to the Variance (CDP23-0003) for a major addition at 25851 Estacada Drive with setback encroachments, the Planning Commission finds in accordance with Section 10- 1.1007(2) of the Los Altos Hills Municipal Code as follows: 1. That, because of exceptional or extraordinary circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the provisions of this title is found to deprive such property of privileges enjoyed by other properties in the vicinity and under identical zoning classification. The site is exceptional in its small size/configuration. The project applicant seeks to remodel and add to the existing residence, which was first constructed in 1954 prior to the Town's incorporation. While the extent of the remodel is substantial, retention, and expansion of, the existing footprint constrains development. The proposal maintains a single -story design to better fit in with the surrounding neighborhood rather than build a two-story residence. A conforming two-story residence could, not only impose greater visual impacts to the neighbors but, also add to privacy concerns given the proximity of the adjoining properties. Additionally, a conforming two-story structure could incur additional construction costs through structural and foundation reinforcement. Focusing additions in the center of the property would deprive the property of the ability to develop their exterior spaces without need for setback variances. Strict application of the Code would deprive the property of privileges enjoyed by several other properties in the immediate vicinity. 2. That upon the granting of the variance, the intent and purpose of the applicable section of this title will still be served and the recipient of the variance will not be granted special privileges not enjoyed by other surrounding property owners. The purpose and intent of the Zoning Ordinance is to guide the development of the Town in such a way that preserves the rural character of the Town and to provide for "adequate light, pure air, and safety from conflagration and disaster" primarily through the setback ordinance. The neighborhood was developed with a smaller side yard setback requirement prior to the Town's incorporation. Many homes, including the residence on the eastern neighboring lot, do not meet the standard side yard setbacks of the Town. The granting of the variance would still serve the setback ordinance as the nonconforming setback will not be worsened. Additionally, newer construction materials would safeguard the subject residence and neighboring residences from fires. The granting of the variance would not grant a special privilege to the property owner as surrounding properties also have reduced setbacks, likely owing to their original construction dates. Staff did a thorough research on nearby properties that encroach into the side yard setbacks. 25881 Estacada Drive was granted a front yard setback encroachment of 11 feet and side yard encroachment of 12 feet to construct a swimming pool. 25875 Estacada Way was granted a variance when originally constructed in 1980 and again in 2007 for an addition. 25861 Estacada Way is a two-story structure with approximately 10 -foot setback; however no variance or permit Resolution 78-23 Page 4