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Planning Commission Minutes DRAFT May 13, 1998 Page 2 The Commissioners thanked the applicant and their architect for working with staff to achieve the positive changes. MOTION SECONDED AND PASSED: Motion by Commissioner Jinkerson and seconded by Commissioner Schreiner to approve the Site Development Permit for a new residence, Lands of Wong, with the recommended conditions of approval. AYES: Chairman Gottlieb, Commissioners Aurelio, Cheng, Schreiner& Jinkerson, NOES: None This item will appear on the City Council consent calendar June 3, 1998. 3.2 LANDS OF DORRIAN, 13113 Byrd Lane (4-98-ZP-SD-VAR); A request for a Site Development Permit for a shed, and a Variance to encroach into the side yard setback. Ms. Davis introduced this item noting a letter from a neighbor, Mr. Papps, who initially voiced concern with the variance, and later voiced support of the project after further review. OPENED PUBLIC HEARING David Fox, 144 Massol Avenue, Los Gatos, project landscape architect, discussed the shed noting it is proposed to encroach about 15 feet into the 30 foot side setback, and approximately 45 feet from the actual side property line as the side setback is measured from the edge of a 28 foot wide access easement rather than the property line. He felt the proposed location was an appropriate place for the shed, as it would not be very visible to neighbors, and there are no other good locations on the site due to its narrowness and the existence of other features, such as the tennis court and pool on the site. Jim Dorrian, 13113 Byrd Lane, applicant, was available for questions. Michael Schoendorf, 13145 Byrd Lane, neighbor, was concerned with the private driveway easement issue. Ms. Davis noted that the permit for the driveway and bridge is still outstanding and the two present applications are not directly related (per City Attorney). The easement issue is a private matter between the two neighbors and the Town is not involved. CLOSED PUBLIC HEARING Commissioner Schreiner stated the shed was in a better location than previously proposed. However, setbacks from access easements occur on other lots in Town, and there are other areas where the shed could be placed although not as desirable. She was reluctant to approve another encroachment even though it was small on the two acre site. Commissioner Cheng does not usually agree with variance requests, but the shed blends in very well (not highly visible).