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TOWN OF LOS ALTOS HILLS June 10, 2004 Staff Report to the Planning Commission RE: SITE DEVELOPMENT PERMIT FOR A DECK AND A VARIANCE TO ENCROACH 27 FEET INTO SIDE YARD SETBACK; LANDS OF THURSTON, 27857 MOODY ROAD, FILE#107-04-ZP-SD-VAR. FROM: Angelica Herrera Olivera, Assistant Planner APPROVED BY: Carl Cahill, Planning Director RECOMMENDATION That the Planning Commission: 1. Approve the requested Site Development Permit and Variance subject to the attached findings and conditions of approval, OR 2. Deny the requested Site Development Permit and Variance based on the finding that a deck could be located elsewhere on the property without encroaching into the setback. BACKGROUND The subject property is located at the end of a driveway easement on the east side of Moody Road. The property is currently developed with an older split-level two-story house. On February 14, 2002, the Planning Commission approved a site development permit for a 255 square foot addition and granted a variance to allow the addition to encroach 15 feet into the side yard setback. The applicant is not requesting a variance to construct a deck adjacent to the new addition resulting in a further encroachment into the setback. CODE REQUIREMENTS This request for a variance requires that the Planning Commission review the application, pursuant to Section 10-1.1107 of the Zoning Code (Attachment 4). Section 10-1.1107(2) of the Zoning Ordinance outlines four findings that must be made to support a variance from the Zoning Code, in this case to approve a 27-foot encroachment into the side setback. The evaluation of the variance should include physical site conditions that result in an undue hardship on the property when the Zoning Ordinance is strictly applied. Staff has prepared findings for approval for the Commission's review(Attachment 2). DISCUSSION Site Data: Gross Lot Area: 2.018 acres Net Lot Area: 2.018 acres Average Slope: 46.3% Lot Unit Factor: 0.45