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78-23
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Last modified
8/22/2023 10:57:08 AM
Creation date
8/22/2023 10:47:50 AM
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Resolutions
Number
78-23
Date
08/17/2023
Description
Denying the Appeal (APL23-0003) of the Planning Commission's July 13, 2023 Decision and Upholding the Approval of a Conditional Development Permit (CDP23-0002), Site Development Permit (SD22-0066), and Variance (VAR23-0001) at 25851 Estacada Drive with Conditions of Approval Issued on July 13, 2023 Planning Commission Public Hearing
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d) The proposed development is in compliance with all regulations and policies set forth in <br />the Site Development ordinance. <br />The proposed development is in compliance with all regulations and policies set forth in <br />the Site Development ordinance. The project does not exceed MDA and MFA, does not <br />exceed the maximum height, and does not encroach further into the setback. <br />2. With regard to the Variance (CDP23-0003) for a major addition at 25851 Estacada Drive <br />with setback encroachments, the Planning Commission finds in accordance with Section 10- <br />1.1007(2) of the Los Altos Hills Municipal Code as follows: <br />1. 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 site is exceptional in its small size/configuration. The project applicant seeks to <br />remodel and add to the existing residence, which was first constructed in 1954 prior to the <br />Town's incorporation. While the extent of the remodel is substantial, retention, and <br />expansion of, the existing footprint constrains development. The proposal maintains a <br />single -story design to better fit in with the surrounding neighborhood rather than build a <br />two-story residence. A conforming two-story residence could, not only impose greater <br />visual impacts to the neighbors but, also add to privacy concerns given the proximity of <br />the adjoining properties. Additionally, a conforming two-story structure could incur <br />additional construction costs through structural and foundation reinforcement. Focusing <br />additions in the center of the property would deprive the property of the ability to develop <br />their exterior spaces without need for setback variances. Strict application of the Code <br />would deprive the property of privileges enjoyed by several other properties in the <br />immediate vicinity. <br />2. That upon the granting of the variance, the intent and purpose of the applicable section of <br />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 Zoning Ordinance is to guide the development of the Town <br />in such a way that preserves the rural character of the Town and to provide for "adequate <br />light, pure air, and safety from conflagration and disaster" primarily through the setback <br />ordinance. The neighborhood was developed with a smaller side yard setback requirement <br />prior to the Town's incorporation. Many homes, including the residence on the eastern <br />neighboring lot, do not meet the standard side yard setbacks of the Town. The granting of <br />the variance would still serve the setback ordinance as the nonconforming setback will not <br />be worsened. Additionally, newer construction materials would safeguard the subject <br />residence and neighboring residences from fires. The granting of the variance would not <br />grant a special privilege to the property owner as surrounding properties also have reduced <br />setbacks, likely owing to their original construction dates. Staff did a thorough research on <br />nearby properties that encroach into the side yard setbacks. 25881 Estacada Drive was <br />granted a front yard setback encroachment of 11 feet and side yard encroachment of 12 <br />feet to construct a swimming pool. 25875 Estacada Way was granted a variance when <br />originally constructed in 1980 and again in 2007 for an addition. 25861 Estacada Way is a <br />two-story structure with approximately 10 -foot setback; however no variance or permit <br />Resolution 78-23 Page 4 <br />
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