Loading...
HomeMy WebLinkAboutPC 13-22RESOLUTION PC 13-22 RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF LOS ALTOS HILLS DENYING A VARIANCE FOR DECKING AND PATIOS TO EXCEED MAXIMUM DEVELOPMENT AREA AT 27640 SHERLOCK ROAD WHEREAS, on March 31, 2022, the Town of Los Altos Hills received an application for a Site Development Permit and Variance (VAR22-0003) from Travis Thomas to allow for the construction of a 640 square foot wood deck and 560 requiring a Variance to exceed Maximum Development Area (MDA) at 27640 Sherlock Road ("Project"); and WHEREAS, in June 2022, the property was sold to CDJLE Trust ("Applicant") which opted to continue with the processing of the Project and the new owner decided not to withdraw the application; and WHEREAS, pursuant to LAHMC Section 10-1.1007(2) the Planning Commission shall act as permitting body for variance application for requested to exceed the Maximum Development Area by 250 square feet; 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 a swimming pool; 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 September 1, 2022 and considered all written documentation and public comments; and NOW, THEREFORE,.based on the entirety of the record before it, the Planning Commission of the Town of Los Altos Hills hereby DENIES the Variance (VAR22-0003) subject to the findings contained in Exhibit "A" and incorporated herein by reference. PASSED AND ADOPTED at a special meeting of the Planning Commission of the Town of Los Altos Hills on this 1 st day of September 2022, by the following vote: AYES: NAYS: ABSTAIN: ABSENT: Waschura, Bredo, Couperus, Indaco, Patel None None None ATTEST: mr—Z.. Sofia Mangalam, Planning Director By: aschura, Chair Resolution PC 13-22 Pagel of 3 EXHIBIT A FINDINGS FOR DENIAL 27640 Sherlock Road — File # VAR22-0003 1. With regard to the Variance (VAR22-0003) to allow for proposed development exceeding MDA, the Planning Commission finds in accordance with Section 10-1.007(2) as follows: a. That, because of exceptional or extraordinary circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the provisions of this title is found to deprive such property of privileges enjoyed by other properties in the vicinity and under identical zoning classification. The maximum development area (MDA) formulas were created with consideration of a project site's specific size and topography. In particular, Lot Unit Factor (LUF) and the multi -tier MDA calculations factor in the development constraint of steep slopes, which has been recognized to be a comprehensive, scientific, objective, and fair standard in the Town for the past few decades. Therefore, the topography of the lot does not constitute circumstances that make the subject property unique. Strict application of the adopted MDA calculation to the subject property does not deprive such property of privileges enjoyed by other properties in the vicinity and in the entire Town. The property owner would continue to enjoy the use of the subject property even without the construction of the deck at issue; as explained below, the property is already developed with a primary residence and associated amenity features. The residence was also constructed pursuant to the granting of a variance previously by the Town, which took into consideration the site topography and characteristics that supported said variance and allowed the property owner to make use of the site. Specifically, during the Planning application review for the main residence (251-13-ZP-SD-GD-VAR), a Variance Approval was granted to reduce the front setback. However, the previous property owner did not discuss any unique characteristics or circumstances with the Town regarding MDA calculation, nor request to increase the lot MDA for the then proposed development (Attachment 4, Staff Report for File #251-13- ZP-SD-GD-VAR). However, he was found to build the subject deck and patio without permits, exceeding MDA threshold he agreed upon. Per Section 10-1.1007(2), "violations are not practical difficulties or hardships justifying a variance," even for the current owner who inherited the violation. Although unique site constraints requiring longer than average driveways or fire apparatus turnarounds could justify a necessary MDA Variance, the subject Variance request is not caused by a mandatory requirement, such as driveway or fire apparatus turnaround in a particular size and location. Given there is an existing deck permitted and built to the north of the subject deck and patio plus a flat grassy area, legalizing the unpermitted decks and patios through a Variance request are not necessary for the property owners to enjoy the property. The area underneath the unpermitted deck and patio is relatively flat to accommodate the same outdoor activities with or without the decks. For these reasons above, staff does not support the malting of this finding as there is no exceptional or extraordinary circumstances, as demonstrated by the facts presented, that Resolution PC 13-22 Page 2 of 3 would be applicable to the subject parcel and the strict application of the applicable standards would not deprive such property of privileges enjoyed by other properties in the vicinity. b. That upon the granting of the variance, the intent and purpose of the applicable sections of this title will still be served and the recipient of the variance will not be granted special privileges not enjoyed by other surrounding property owners. MDA calculation is applied universally on all properties in Los Altos Hills. The Town recognizes that steep topography and site features exist for various properties in the community, and it takes into consideration such features when considering whether to grant a variance. Upon review of properties in the vicinity none were found to be exceeding MDA due to approved legal non -conforming construction dating back to before or around the time of the Town's incorporation as is typical of some older properties. As noted in Finding #1 above, there are no facts suggesting additional extraordinary circumstances to warrant a MDA variance in this case. The subject property is similarly situated as neighboring parcels, where property owners enjoy the use of their properties in the same way, and there are no facts suggesting the presence of any special circumstances for the subject property. Thus, it is appropriate to apply the MDA requirement consistently across the board and especially to similarly situated properties and granting a variance for this proposed project would defeat the purpose of requiring MDA calculations and standards. The granting of the variance to exceed MDA, would be a special privilege not enjoyed by other surrounding property owners as there are no special circumstances for this parcel. c. That the granting of such 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 granting of the variance could be materially detrimental to the public or neighboring properties due to visibility of the excess development area from Sherlock Road. Given the steepness of the lot and limited building area, the granting of the Variance may give the appearance of the property being overdeveloped. However, landscape screening could be required to limit the impact of the excess development. d. That the variance will not authorize a use or activity which is not otherwise expressly authorized by the zoning district regulations governing the parcel or property. The use or activities associated with the variance request are permitted uses in the R -A District. Resolution PC 13-22 Page 3 of 3