Loading...
HomeMy WebLinkAbout3.2 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 Planning Commission Lands of Thurston June 10,2004 Page 2 of 5 Floor Area and Development Area: Area Maximum Proposed Existing Increase Left Development 6,600 6,395 5,795 600 +205 Floor 4,500 2,855 2,855 0 +1,645 Site and Architecture The applicant requests approval of a Site Development Permit and Variance for a 600 square foot deck to encroach 27 feet into the side yard mov,0, setback. The new deck is proposed to be built not more than 18" above the existing grade. Variance ' While the lot is 2.02 acres, the MDA and the MFA are significantly reduced due to the 46.3 percent average slope of the lot. The existing residence and related outdoor areas are located in the only flat area of the lot, with sharp downward slopes north and south of the residence. 4 DeckZou'din, dlin :%-hite Pursuant to Section 10-1.1107(2)(b) the Planning Commission must make four findings in order to approve a variance. First, the Commission must find that there are physical circumstances on the lot, which create a practical hardship for the applicant to comply with the provisions of the Code. In this case, the extreme slopes of the lot minimize the space available for outdoor recreational use in every direction. Second, the Commission must find that granting the Variance will maintain the intent and purpose of the Zoning Code and will not provide special privileges to the applicant. The proposed project ` would result in a 600 square foot deck located almost entirely within the side yard setback. At least one 1< other property in the area was granted a setback variance. The adjacent property to the west (27855 Moody Road) was granted a variance in 1999 to allow a parking area to encroach 28 feet into the setback. However, there was no other practical area to locate the required parking. Staff inspected the applicant's property and determined that a Planning Commission Lands of Thurston June 10,2004 Page 3 of 5 reasonably sized deck could be accommodated outside of the setbacks near an existing brick patio on the northeastern side of the residence. However, this area is less desirable in terms of aesthetics and does not enjoy the views available from the proposed deck location. Third, the approval of the Variance would not t be materially detrimental or injurious to the neighboring property owners, as the deck t would be located at least 90 feet from the u. _ residence of the nearest neighbor to the east. - Furthermore, the property owner to the east has i provided a letter in support of the applicant's request (Attachment 3). ' Lastly, the proposed addition would not permit a use that is not authorized by the Zoning Code, as the deck is an attached accessory structure consistent with the overall use of a single family dwelling. Staff has prepared findings for approval, included as Attachment 2. Committee Recommendations Due to the minimal size of the proposed development area, neither the Environmental Design Committee nor Pathways Committee reviewed the plans. Conclusion The proposed accessory structure has been designed to comply with the lot's maximum allowable development area. The Planning Commission has generally not granted variances for setback encroachment for accessory structures, such as in the Lands of Macomber(25980 Vinedo Lane) and Lands of Harpootlian (26435 Anacapa Drive). Staff is available to answer any questions that the Commission or the public may have. ATTACHMENTS 1. Recommended conditions of approval; 2. Recommended findings for the Variance; 3. Letter of Support from adjacent neighbor,John and Rita Gordon; 4. Municipal Code Section 10-1.1107(2); 5. Worksheet#2; 6. Development plans. cc: Peter and Carol Thurston 27857 Moody Road Los Altos Hills, CA 94022 Planning Commission Lands of Thurston June 10,2004 Page 4 of 5 RECOMMENDED CONDITIONS OF APPROVAL FOR A SITE DEVELOPMENT PERMIT FOR A DECK AND A VARIANCE TO ENCROACH 27 FEET INTO THE SIDE YARD SETBACK LANDS OF THURSTON, 27857 MOODY ROAD FILE#107-04-ZP-SD-VAR A. PLANNING DEPARTMENT: 1. No other modifications to the approved plans are allowed except as otherwise first reviewed and approved by the Planning Director or the Planning Commission, depending on the scope of the changes. 2. Staff will visit the site prior to final inspection to determine if any additional plantings will be needed to screen the deck or to restore areas disturbed by construction. 3. At the time of foundation inspection for the addition, the location and elevation of the addition shall be certified in writing by a registered civil engineer or licensed land surveyor as being in/at the approved location and elevation shown on the approved Site Development plan. B. ENGINEERING DEPARTMENT: 4. Any revisions or additions to the previously approved grading and drainage plan shall be submitted to the Town for review by the Engineering Department. The plan shall be reviewed by the Engineering Department and approved prior to commencement of this project. The approved plan shall be stamped and signed by the project engineer and shall supersede the previously approved drainage plan. 5. No grading shall take place during the grading moratorium (November 1 to April 1) except with prior approval from the City Engineer. No grading shall take place within ten feet of any property line. 6. Any, and all, areas on the project site that have the native material disturbed shall be protected for erosion control during the rainy season and shall be replanted prior to fmal inspection. Upon completion of construction, a final inspection shall be set with the Planning Department and Engineering Department at least two weeks prior to final building inspection approval. NOTE: The Site Development permit is valid for one year from the approval date (until June 10, 2005). All required building permits must be obtained within that year and work on items not requiring a building permit shall be commenced within one year and completed within two years. Planning Commission Lands of Thurston June 10,2004 ATTACHMENT c2— Page 5 of 5 RECOMMENDED FINDINGS FOR APPROVAL OF A VARIANCE TO ALLOW A 27-FOOT ENCROACHMENT INTO THE SIDE YARD SETBACK LANDS OF THURSTON, 27857 MOODY ROAD FILE#107-04-ZP-SD-VAR 1. 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 topography of the lot is very constrained with steep slopes (over 30%) on the northeast and southwest sides of the existing residence and the existing large trees on the lot allow for minimal expansion outside of the setbacks. The deck would add a minimal amount of development for outdoor use and enjoyment of property vistas. 2. 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 surrounding property owners; Surrounding properties are characterized by similar extreme topographical constraints. At least one other property (27855 Moody Road) was granted a setback variance in 1999 for a required parking area. The adjacent property also contains a secondary dwelling unit that is legal nonconforming with regard to setback. 3. 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 proposed project complies with the intent of the applicable sections of the Code, as development on the site would be minimal and would not affect neighbors. The location of the proposed deck is at least 90 feet from any structure located on adjacent properties. Furthermore, the neighbor to the east has provided written support of the proposed deck and variance request. 4. That the Variance will not authorize a use or activity which is not otherwise expressly authorized by the zoning district regulations governing the parcel of property. The proposed project would add a minimal amount of outdoor development area, which is authorized by the Code and would be consistent with the continuing residential use of the site. ATTACHMENTS 182-29-001 John and Rita Gordon 27540 Sherlock Road t"v a Los Altos Hills 2 0 0 4 California 94022 May 25, 2004 TOSNILLS 5 Mks. Angelica Olivera, Assistant Planner Town Hall 26379 Fremont Road Los Altos Hills California 94022 Dear Mrs. Olivera, In regard to the Thurston request for a variance for their deck, File# 107-04-ZP-VAR, we support the Thurston's request for an encroachment of 27 feet into the setback between our properties. Sincerely, John Gordon �&s. Rita Gore ATTACHMENT § 10-1.1107(1)LOS ALTOS HILLS MUNICIPAL CODE§ 10-1.1107(2) ec. 10-1.1107(1 ,Condifl al-use p its: Approval; c Ions. nditional use pe its be granted only w n facts are establis which s ort the f dings requi by the p ision f this secti (a) * . . Conditional use rmit shall be gran b e City Council onl hen it is found that (1) e pr used use or facili is pro rly located i relation the ity as a ole, land uses and transpo on a service facili in vicinity; (2) The site for e oposed use is adeq to in ize and shape accomm to the propo use and all yards,o en spaces, IIs and fie es, parking, loa 'ng, ]a scapi and such o, er features as ma be r quired by this chapter , will bee ed to re that the proposed will be reasonably co Me with land. an . s ormally permitted in th surr nding area; he site for e p os use will be sery d by streets an high ys of adequate wi and pave nt to carry e quantity and kind 0 is generated-by t oposed use; d The propos use w snot adverse ect the abutting property or the pe 'tted u thereof. (b) Cons. Every conditi al u 'permit nted may be subject to such con ' on as are deemed ne sary to protec e public health, safety an general (fare and sec a objectives of t General Plan- and th* chapter. rd. 305,eff. Octob 3 986, § 4, Ord. 14,eff. Novembe , 1987; Ord. 372, eff. August 1994) V Sec. 10-1.1107(2). Variances: Approval; conditions. The Staff Committee comprised of the Zoning Administrator and City Manager or designee (he-rein called the "Staff Committee") and Planning Commission.ge empowered to grant varianges from 1040 (Los Altos Hills 10-15-97) LOS ALTOS HILLS § 10-1.1107(2) MUNICIPAL CODE § 10-1.1107(2) the requirements of this Title. The Staff Committee or Planning Commission shall act as the authority to grant variances as specified'in Subsections (d) and (e) below. (a) Purpose. The purpose of the variance is to resolve practical difficulties or undue hardships, not of the applicant's own making, which may result from tMe exceptional size shape, e , topography, location or other physical site conditions, or the use or development of property in the immediate vicinity. In this context, personal, family, or financial difficulties, loss of prospective prof-its and neighboring violations are not practical difficulties or hardships justifying a variance. In some cases, the location of existing structures may result in a practical difficulty or hardship. (b) Findings. The Staff Committee or Planning Commis- sion may grant the.requested variance in whole or in part only if, from the application or the facts presented at the public hearing, it can affirmatively find that all of the following four (4) requirements have been met: (1) 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; (2) 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; (3) 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; (4) That the variance will not authorize a use or activity which is not otherwise expressly authorized by the zoning district regulations governing the parcel of property. (c) Any variance granted shall be subject to. such conditions as Will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations on other properties in the vicinity within the same zoning district. (d) The Staff Commimee shall act as the permitting body for all applications involving the following: (1) Maximum Development Area (MDA). Requests to exceed MTA by five hu¢ndmd(500)sqmre feet or less; (Los Ahas HMS 9-20-89) 1041