HomeMy WebLinkAboutPC 01-20RESOLUTION PC 01-20
RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF LOS ALTOS
HILLS DENYING A VARIANCE TO ALLOW FOR THE CONSTRUCTION OF A NEW
PERGOLA WITHIN THE REAR SETBACK AT 14123 TRACY COURT
WHEREAS, The Town of Los Altos IIills ("Town") received an application for a Building
Permit from Jonathan and Christina Davidson to construct a new 455 square -foot pergola with a
maximum height of 10 feet and encroaching 20 feet into the rear yard building setback at 14123
Tracy Court ("Project"); and
WHEREAS, Planning Department staff determined that a Variance for the 20 -foot setback
encroachment is required to approve the Project in the proposed location; and
WHEREAS, the Town received an application for a Variance (VAR20-0008) from
Jonathan and Christina Davidson for the Project on August 14, 2020; and
WHEREAS, the Project is exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to Section 15303(e) since the project includes the construction of
an accessory structure; and
WHEREAS, the Project application was processed in accordance with the applicable
provisions of the California Government Code and the Los Altos Hills Municipal Code; and
WHEREAS, the Planning Commission held a duly noticed public hearing on the Project
on October 1, 2020 and considered all written documentation and public comments; and
NOW, THEREFORE, the Planning Commission of the Town of Los Altos Hills hereby DENIES
the Variance (VAR20-0008) subject to the findings in Exhibits "A" and incorporated herein by
reference.
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the Town of Los
Altos Hills on the 1St day of October, 2020, by the following vote:
AYES: Patel, Indaco, Couperus, Smith, Waschura
NAYS: None
ABSTAIN: None
ABSENT: None
By:
Raj iv P tel, Chair
ATTEST:
Chary Dahl, Planning Director
EXHIBIT A
FINDINGS
14123 Tracy Court — File # VAR20-0008
With regard to the Variance (VAR20-0008) to allow for a reduced rear yard setback for a new
pergola structure, the Planning Commission finds in accordance with Section 10-1.007(2) as
follows:
1. Because of the exceptional or extraordinary circumstances applicable to the subject property,
including size, shape, topography, location, or surroundings, the strict application of the
ordinance is found to deprive the property of privileges enjoyed by other properties in the
vicinity and under identical zoning classifications:
The easements that encumber the northern and southern portions of the lot do NOT constitute
an extraordinary circumstance applicable to the project as they do not preclude the construction
of a Zoning Code compliant pergola in other locations. Thus, strict application of the rear yard
setback requirement does NOT deprive the property of privileges enjoyed by other properties
in the vicinity and under the R -A Zoning Designation.
2. That upon granting the Variance, the intent and purpose of the ordinance will still be served
and the recipient of the Variance will not be granted special privileges not enjoyed by other
surrounding property owners:
The granting of the setback variance would NOT be consistent with the intent and purpose of
the Zoning Code in that it would grant the applicant a special privilege not enjoyed by
surrounding property owners. Structures are not permitted within setbacks to maintain privacy
and to protect the rural character of the Town.
3. That granting the Variance will not be materially detrimental to the public welfare or injurious
to the property, improvements or uses within the immediate vicinity and within the same zoning
district:
The proposed project will not be materially detrimental to the public welfare or negatively
impact a private property owner within the Town of Los Altos Hills as the adjacent property
is the Arastradero Preserve. The proposed pergola is located approximately 165 feet from the
Juan Bautiste de Anza Trail within the Arastradero Perserve in Palo Alto. The granting of the
setback variance will not be injurious to any properties or uses in the vicinity.
4. That the Variance will not allow a use or activity which is not expressly authorized by the
Zoning Ordinance:
The setback variance will allow for the development of a new pergola structure, which is an
allowed structure in the R -A District, thus, the variance will not result in the allowance of a
use or activity that is not authorized by the Zoning Ordinance.
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