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3l �- Town Of Los Altos Hills May 13, 1998 Staff Report to the Planning Commission RE: VARIANCE TO ALLOW A STORAGE SHED TO BE LOCATED WITHIN A SIDE YARD SETBACK; LANDS OF DORRIAN; 13113 BYRD LANE; FILE #4-98-VAR FROM: Suzanne Davis, Planner SD APPROVED BY: Curtis S. Williams, Planning DiVar RECOMMENDATION That the Planning Commission: 1. Make the findings required by Section 10-1.1107(2)(b) of the Zoning Ordinance for the granting of a variance and approve the location of the storage shed; OR 2. Deny the requested variance making findings for denial, and direct the applicant to either relocate the shed so that it does not encroach into any required setbacks or remove it from the property. BACKGROUND In November of 1997, the applicant installed an 8' x 10' shed withinthe rear setback of the property, without a permit, and the neighbor at 13145 Byrd Lane informed the staff of the code violation. Upon notification of the violation, the applicant submitted a request for a variance and moved the shed farther from the property line, but still 15 feet inside the setback. On February 25, 1998, the Planning Commission denied the variance stating that it could not make the required findings in support of the request. The applicant has relocated the shed to the side yard, adjacent to the pool equipment enclosure and garage. The shed encroaches into the side yard by 15 feet. This setback is affected by an existing 28 foot wide access easement to the property to the rear.(west) as discussed below. CODE PROVISIONS Section 10-1.505(a) of the Zoning Code requires that no structure (other than fences and. ornamental garden structures) be located within any setback, and Section 10-1.505(c)(3) requires a 30 foot setback from neighboring property lines. In order to approve a variance, the Planning Commission must make four findings, pursuant to Section 10-1.1107(2)(b) of the Zoning.Code. The Commission must find: (1) that there are unique circumstances applicable to the property which preclude the applicant from enjoying the privileges of similar properties; (2) that the intent and purposes of the Zoning provisions are met thatno special privileges are being conferred on this property owner; (3) that the variance would not be detrimental to the public welfare; and (4) that the variance would not authorize a use not otherwise permitted by the Zoning District regulations. DISCUSSION The proposed structure is an 80 square foot (8' x 10') gray wood shed, approximately 10 feet high, and proposed to encroach about 15 feet into the 30 foot side setback. The shed would be about 45 feet from the actual side property line. The side setback is measured from the edge of a 28 foot wide access easement rather than the property line. The