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3.2
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May 13, 1998
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3.2
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Last modified
12/9/2016 11:10:14 AM
Creation date
12/9/2016 11:10:13 AM
Metadata
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Template:
Staff Report
Date
1998-05-13
Item Number
3.2
Description
Variance to Allow a Storage Shed to be Located within a Side Yard Setback; Lands of Dorrian; 13113 Byrd Lane; File #4-98-VAR
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Planning Commission <br /> May 13, 1998 <br /> Lands of Dorrian <br /> Page 2 <br /> attached site plan shows the proposed location adjacent to the pool equipment enclosure <br /> that abuts the garage. The shed is currently situated on the site, so story poles were not <br /> required. The applicant believes that the proposed location is an appropriate place for the <br /> shed, as it would not be not very visible to neighbors, and that there is no other good <br /> location on the site, due to its narrowness and the existence of other features, such as the <br /> tennis court and pool, on the site. The materials and color of the shed match those of the <br /> other structures on the site, and it blends well with the garage behind. The applicants <br /> contacted the adjacent neighbor to the south about the proposed project. The neighbor <br /> reviewed the plans with staff and indicated that they have no concerns about the request. <br /> Development and floor area compliance are not of concern. Even with the proposed <br /> addition that is also under consideration at this Planning Commission meeting, there is <br /> 6,725 square feet of development area and 3,595 square feet of floor area remaining. <br /> Variance Findings <br /> Staff has distinguished this proposal from the earlier denial in that there are special site <br /> circumstances such as the driveway easement that did not apply, and there was an <br /> obvious negative impact on a neighbor. <br /> Staff has prepared findings for approval of the variance for the Commission's <br /> consideration(Attachment 1). The findings include language that there are circumstances <br /> of the lot which unduly restrict location of the shed since the driveway easement affects <br /> the setback on the south side of the property. Approval would not constitute a special <br /> privilege not generally afforded other property owners in Town, and would not be <br /> contrary to the intent of setback provisions since there would be more than 45 feet <br /> between the structure and the closest property line. Also, there would not be an adverse <br /> visual impact on any neighbors. The request would also not conflict with the fourth <br /> required fmding, as the use (a shed) is compatible with the residential zoning. Only one <br /> fording needs to be made in the negative to deny the variance,while all four fmdings <br /> must be affirmed in order to approve the variance. The Commission may modify any of <br /> the proposed findings, if it determines that further justification of the findings is needed. <br /> If the Commission decides to deny the variance, findings for denial should be made, or <br /> the application could be continued to allow staff to prepare such finding at the direction <br /> of the Commission. Conditions may be applied to an approval, but must relate to this <br /> request only, or to ameliorate its impacts. Staff has not suggested any conditions since <br /> the exterior materials of the shed are compatible with other structures and there is already <br /> adequate landscaping along the south property line to screen the building from the • <br /> neighbor on that side. If the Commission would like to see landscaping closer to the shed <br /> to help screen it from the driveway easement or from Byrd Lane, a condition should be <br /> added to the approval. <br /> Staff is available to answer any questions that the Commission or the public may have. <br /> ATTACHMENTS <br /> 1. Recommended,Findings for Granting of Variance <br /> 2. Site plan(one page) <br /> 3. Exhibit showing lot coverage by setbacks and access easement(one page) <br /> cc: Jim&Lisa Dorrian David R. Fox <br /> 13113 Byrd Lane 144 Massol Avenue <br /> Los Altos Hills, CA 94022 Los Gatos, CA 95030 <br />
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