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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
Planning Commission
May 13, 1998
Lands of Dorrian
Page 2
attached site plan shows the proposed location adjacent to the pool equipment enclosure
that abuts the garage. The shed is currently situated on the site, so story poles were not
required. The applicant believes that the proposed location is an appropriate place for the
shed, as it would not be not very visible to neighbors, and that there is no other good
location on the site, due to its narrowness and the existence of other features, such as the
tennis court and pool, on the site. The materials and color of the shed match those of the
other structures on the site, and it blends well with the garage behind. The applicants
contacted the adjacent neighbor to the south about the proposed project. The neighbor
reviewed the plans with staff and indicated that they have no concerns about the request.
Development and floor area compliance are not of concern. Even with the proposed
addition that is also under consideration at this Planning Commission meeting, there is
6,725 square feet of development area and 3,595 square feet of floor area remaining.
Variance Findings
Staff has distinguished this proposal from the earlier denial in that there are special site
circumstances such as the driveway easement that did not apply, and there was an
obvious negative impact on a neighbor.
Staff has prepared findings for approval of the variance for the Commission's
consideration(Attachment 1). The findings include language that there are circumstances
of the lot which unduly restrict location of the shed since the driveway easement affects
the setback on the south side of the property. Approval would not constitute a special
privilege not generally afforded other property owners in Town, and would not be
contrary to the intent of setback provisions since there would be more than 45 feet
between the structure and the closest property line. Also, there would not be an adverse
visual impact on any neighbors. The request would also not conflict with the fourth
required fmding, as the use (a shed) is compatible with the residential zoning. Only one
fording needs to be made in the negative to deny the variance,while all four fmdings
must be affirmed in order to approve the variance. The Commission may modify any of
the proposed findings, if it determines that further justification of the findings is needed.
If the Commission decides to deny the variance, findings for denial should be made, or
the application could be continued to allow staff to prepare such finding at the direction
of the Commission. Conditions may be applied to an approval, but must relate to this
request only, or to ameliorate its impacts. Staff has not suggested any conditions since
the exterior materials of the shed are compatible with other structures and there is already
adequate landscaping along the south property line to screen the building from the •
neighbor on that side. If the Commission would like to see landscaping closer to the shed
to help screen it from the driveway easement or from Byrd Lane, a condition should be
added to the approval.
Staff is available to answer any questions that the Commission or the public may have.
ATTACHMENTS
1. Recommended,Findings for Granting of Variance
2. Site plan(one page)
3. Exhibit showing lot coverage by setbacks and access easement(one page)
cc: Jim&Lisa Dorrian David R. Fox
13113 Byrd Lane 144 Massol Avenue
Los Altos Hills, CA 94022 Los Gatos, CA 95030
Planning Commission
May 13, 1998
Lands of Dorrian
Page 3
ATTACHMENT 1
RECOMMENDED FINDINGS FOR VARIANCE TO ALLOW A STORAGE SHED
TO BE LOCATED WITHIN SIDE YARD SETBACK
13113 BYRD LANE-LANDS OF DORRIAN
File #4-98-VAR
Because of exceptional and 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 standard side yard setback for properties in the Town is 30 feet. Because the
setback is measured from the edge of an existing 28 foot wide access easement,
the effect is a 58 foot setback from the property line. There would still be 45 feet
between the shed and the south property line, and there is sufficient space for
additional planting if desired. Relocation of the storage shed outside of the
setback would require removal of existing improvements, and would place it in an
undesirable location such as the front lawn where it would be much more visible
and would appear out of place.
2. Upon the granting of the variance, the intent and purpose of the applicable
sections of the Zoning 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 intent and purpose of the Zoning Ordinance would continue to be served
because even with the 15 foot encroachment there would still be 45 feet between
the structure and the property line, and the open feeling would be retained. The
colors and materials of the shed help it blend with the garage behind it, and the
height and small size of the building are minimal. The shed would not be visible
from neighboring properties in the proposed location and the applicant would not
be granted special privileges by being allowed to have a storage shed on the
property.
3. 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 would not have adverse visual impacts to
surrounding properties, as the distance between the shed and the south property
line and the existing screening prevent it from being seen from off the site and the
neighbor to the rear would view the shed only in driving by.
4. The variance will not authorize a use or activity which is not otherwise expressly
authorized by the Zoning District regulations governing the parcel of properv.
The variance, if approved,would not alter the residential use of the property and a
storage shed is a permitted use in the R-A zone.
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