• 2002-0388 – Use Permit to allow a medical office use with the existing single-family residential use;
• 2002-0458 – Variance from Sunnyvale Municipal Code Section 19.46.050 parking standards to allow six on-site parking spaces where seven are required

In attendance: Trudi Ryan, Administrative Hearing Officer; Gerri Caruso, Principal Planner; Tanya Higgins, Project Planner; Joey Mariano, Recording Secretary.

Ms. Trudi Ryan, Administrative Hearing Officer, on behalf of the Director of Community Development, explained the format that would be observed during the public hearing.

Ms. Ryan summarized the subject application.

Tanya Higgins, Project Planner, presented the proposed application from the staff report. She noted that the initial variance was modified to allow variance from SMC 19.38.070 landscape buffer requirements.

Ms. Ryan asked staff if there is an opportunity to reduce the required parking spaces and to gain additional landscaping. Staff responded that if the site remains as a live and work use, then the less parking is needed and more landscaping could be provided.

Ms. Ryan then asked staff if the applicant would have two accounts for trash collection services, commercial and residential. Staff responded yes, and that they would only need residential curb-side trash collection services for both.

Tsai-Feng Wu, Applicant, received and reviewed a copy of the staff report. She noted that the architect for the proposed site, David Perng, would respond and address any questions relating to the proposed project site.

David Perng, Architect, asked regarding Condition of Approval #6, if the fence on the North property line would need to be replaced or if they fix it to stand correctly. Staff noted that fixing it may be an option. Mr. Perng also asked if they could replace a window, which will include the same frame. Staff responded yes.

Ms. Ryan asked Mr. Perng if they would agree to an additional condition stating that at least one employee should live on site in order to reduce parking needs. Tsai-Feng Wu responded that she would not like that condition.

Don Moulds, adjacent resident on 534 South Frances, asked the Administrative Hearing Officer if she could restrict the site to be zoned for residential use only. He noted that the prior use was an upholstery shop but did not have any commercial traffic. He noted that the fence on the proposed site is 4" away from his property and it would cause traffic, exhaust fumes, and possible accidents towards his property. He also noted that dogs in the area would continuously bark. Also, Mr. Moulds noted that the proposal includes a Pepper Tree to be removed, which is the privacy buffer for his home and the proposed site. He noted that a tree on the proposed site has already been removed in the past causing less privacy to his property. He noted that there are other properties in Sunnyvale to have a medical use rather than the proposed residential site. He asked the City to leave his street as a residential use. Mr. Perng noted that he thought the City’s Parks and Recreation Department are responsible for removing the prior existing tree.

Ms. Ryan asked Mr. Moulds if he could agree to the proposal if the tree and a 10-foot buffer were added as additional Conditions of Approval. She also asked if a masonry wall were included in the conditions instead of just a wood fence, then would he be more comfortable.

Mr. Moulds responded that he would feel better if there was a 10-foot buffer on the North, East, and West sides of the proposed project site, but still preferred residential use only.

David Perng, Architect, noted that he would give proper buffers around the area to best fit the Conditions of Approval.

Ms. Ryan noted that there could be modifications to the site plans that would increase the landscaping. She then asked the Applicant if they would want a decision today or if they are willing to defer the decision so that she could take the proposal under advisement for one week to explore modifications to reduce the impacts on the neighbor.

Tsai-Feng Wu responded that they are willing to take the proposal under advisement.

Ms. Ryan took the application under advisement for one week and stated that she will make a decision by Wednesday, July 17, 2002.

Approved variance from municipal code requirements related to parking and site use:

1. Variance from SMC 19.38.070 is allowed for a 1-2 foot landscape buffer along the south property line, where 10 feet is required for a non-residential use adjacent to a residential use.
2. Variance from SMC 19.46.090 is allowed for an 8.5 foot stall width for two of the parking spaces, where 9 feet is required for medical facilities.
3. Variance from SMC 18.12.070 is allowed for a second driveway which results in 31% of the property line adjacent to the public right-of-way being occupied by the driveway approaches where one driveway is permitted and where 24% of the property line adjacent to the public right-of-way may be occupied by driveway approaches.

Approved Use Permit and Variance subject to the conditions recommended by staff as modified below:

• Parking shall be provided as indicated on the sketch provided by staff dated July 17, 2002 (4 spaces in the rear of the property, 1 space along the south side of the house and 1 space in front yard on the north side) (new condition).
• A 10 foot landscape buffer shall be maintained along the north and west property lines, and maintain the existing trees or provide substantial trees or shrubbery along all of the landscape strips (new condition).
• 6 parking spaces are required for the combined residential and medical office uses, provided that at least one employee of the medical office is a resident on-site (new condition).
• Repair or replace the fence on the north property line (modified Condition of Approval #6).
• Use Permit is valid only in accordance with the approved Variance #2002-0458 (new condition).

Use Permit approved in accordance with the findings prepared by staff with the following modifications: as a shared use between the medical office and residence, shared parking is approved to permit 6 spaces, provided that at least one employee lives on site (see above added condition).

Variance approved in accordance with the following findings:

1. Because of exceptional or extraordinary circumstances or conditions applicable to the property, or use, including size, shape, topography, location or surroundings, the strict application of the ordinance is found to deprive the property owner or privileges enjoyed by other properties in the vicinity and within the same zoning district.

Because of the existing site design, there is limited parking area available on-site. In order to provide the required number of parking spaces while maintaining appropriate landscape buffers where possible, the landscape buffer on the south property line would be reduced, two parking stalls would be 8.5 feet wide, and a second drive would be installed on the north side of the property. The existing site design includes a 1-foot buffer on the south side of the property. In addition, the original site design included a driveway on the north side of the property to access an old garage. Therefore, the existing site conditions would be maintained, which is consistent with the pattern of development in the area. Additionally, the 8.5 foot stall width for the two parking spaces would allow for a 10-foot landscape buffer and the preservation of two mature trees along the north and west property lines. This stall width is also allowed for other uses.

The strict application of the landscape buffer, stall width and single driveway requirement would deprive the property owner from utilizing this heritage structure as a nonresidential use. However, this structure has already been modified to include a nonresidential work area in the rear. Therefore, future potential buyers of the property may request exterior modifications to this heritage structure. Allowing the nonresidential use would contribute to the preservation of this heritage structure. In addition, this use is consistent with the General Plan Designation of Office for this neighborhood, which often incorporates office uses into single family residences.

2. The granting of 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 medical office use would have minimal noise and visual impacts, and it would maintain the residential use within the majority of the structure. Staff believes that the adjacent properties would not be injured by the reduced landscape buffer on the south property line, the reduced stall widths and the second driveway, as these conditions would allow for 10-foot landscape buffers to be placed along the north and west property lines while providing sufficient on-site parking. In addition, there is an existing 6-foot wooden fence surrounding the site, which helps to screen the neighbors to the south.

3. Upon granting of 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 within the same zoning district.

The intent and purpose of the landscape buffer and masonry wall requirements is based on problems that may arise when nonresidential uses abut residential uses. However, this nonresidential use includes only a small medical office operation, and the majority of the structure would remain residential. The office hours are limited to the hours that many adjacent residents would be away from their homes. Any noise or aesthetic impacts would be minimal due to the nature of the proposed use and the existing 6-foot wooden fence. In addition, variances from this code requirement have been granted for other properties where a residence is used for an office, as most residential properties have not been designed specifically for the parking and landscape buffer requirements of a nonresidential use.

 

In addition, the intent and purpose of the stall width requirement for medical office uses would be met, as there are a majority of standard spaces provided on-site as well as an accessible space. 8.5-foot stall widths are also allowed for other uses.

The second driveway would allow for the parking requirement to be met. Staff anticipates that the parking space within this driveway would be utilized by the resident, as this space would be located near the door to the residence. Therefore, usage of the driveway during the business hours (when clients would be using the existing driveway) would be minimal.

Minutes approved by:

Trudi Ryan, Planning Officer

Return to RTC# 02-402