RTC 03-083 Attachment 7

CITY OF SUNNYVALE
ADMINISTRATIVE HEARING
MINUTES
Wednesday, January 15, 2003

2002-0935 - Application for a Variance from SMC (Sunnyvale Municipal Code) section 19.32.020 to allow a one-story addition with lot coverage of 42% where 40% is allowed. The property is located at 973 The Dalles Avenue in an R-1 (Low-Density Residential) Zoning District. (APN: 320-21-022) KD

In attendance: Nurit Shor, Applicant; Trudi Ryan, Administrative Hearing Officer; Kelly Diekmann, Project Planner; and, Gloria Barron, 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 announced the subject application.

Kelly Diekmann, Project Planner, presented the staff report. He summarized the subject application and was not able to make the required Findings based on the justifications for the Variance and recommended denial of the application.

Ms. Ryan made a comment about the screening of the utility pole and asked staff that if a similar design were implemented but did not extend as far out into the yard if that would provide the same screening. Staff stated that the applicant was also considering views from the other side of the house.

Ms. Ryan opened the public hearing.

Nurit Shor, Applicant, received and reviewed a copy of the staff report. She stated that she has a degree in Architectural Design and has done many designs. Her concerns were functionality and aesthetics of the house. She stated that not only did she want to screen the utility pole but also different attachments the pole has. She stated that the only way of getting rid of the view was to push the design to the ten-foot setback. She decided not to build a second story because she knew that her neighbors would not like that (because it would obscure the view of all her neighbors). She submitted a letter from all her neighbors supporting her design. Ms. Ryan asked the applicant that if the intent of the project was to add on more space but at the same time obscure the pole. Ms. Shor responded that it was a mixture to gain space and hide the utility pole.

Ms. Ryan closed the public hearing.

Ms. Ryan stated that it is a difficult decision, as she understands that the applicant is trying to improve the property and be sensitive to the neighborhood and on the other hand there is the need to observe the regulations. Ms. Ryan referred to the staff report and stated that it points out that there have been very few applications for Variances in lot coverage. She noted that a recent application for a Variance in lot coverage was appealed to City Council and denied. Lot coverage is proportional to the size of the lot. She stated that smaller zoning districts have the same zoning coverage requirements. Ms. Ryan concurred with staff’s Findings on the Variance that although it is somewhat smaller it is not a fixed development requirement such as setback. She appreciated the sensitivity the applicant gave to the design but was unable to make the required Finding with the information that had been presented. She concurred with staff on the other two Findings noting that it is not detrimental to the neighborhood. Ms. Ryan denied the Variance.

Ms. Ryan stated that the decision is final unless appealed during the 15-day appeal period.

The meeting was adjourned at 2:53 p.m.

Minutes approved by:
Trudi Ryan, Planning Officer

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