CITY OF SUNNYVALE
ADMINISTRATIVE HEARING
MINUTES
Wednesday, April 14, 2004
2004-0150 – Application for a Variance from SMC (Sunnyvale Municipal Code) Section 19.48.100 to allow an air conditioning unit between the face of the building and the street. The project is located at 1340 Miette Way in an R-1 (Low Density Residential) Zoning District (APN: 323-05-034) RK
In attendance: Bret Young, Applicant; Gerri Caruso, Administrative Hearing Officer; Ryan Kuchenig, Project Planner; and, Gloria Barron, Recording Secretary.
Ms. Gerri Caruso, Administrative Hearing Officer, on behalf of the Director of Community Development, explained the format that would be observed during the public hearing.
Ms. Caruso announced the subject application.
Ryan Kuchenig, Project Planner, presented the staff report. He summarized the subject application and stated that staff was not able to make the required Findings and recommended denial of the Variance application.
Ms. Caruso opened the public hearing.
Bret Young, Applicant, received and reviewed a copy of the staff report. He stated that the current position of the air conditioning unit met the spirit of the regulations. He added that the hedge screens the unit so that it is not visible to the public. Mr. Young expressed his concerns regarding the Findings and stated that the unit is invisible from the street and provides the lowest noise impact to the neighborhood. He then stated that if the unit was placed in the backyard it would directly impact the back neighbor who wrote a letter in support of the Variance. He added that if the unit was placed in the backyard there would be space and visual impacts. Mr. Young stated that if the Variance was not granted his second choice of placement would be between the face of the building and street which would also require a Variance. He stated that his third choice would be the south east corner in the backyard but would not meet the 20 foot setback. Mr. Young concluded that he felt the current position was the best position for the air conditioning unit.
Ms. Caruso closed the public hearing.
Ms. Caruso stated that the Findings are difficult to make especially the first one. She agreed that the current location is a reasonable location for the unit. Ms. Caruso noted that she spoke with staff early about the project and stated that she is comfortable having the unit screened by the shrub but would like to add a condition stating that if the shrub is ever removed some other type of screening or fencing would have to be replace the shrub. However, Ms. Caruso stated that she would take the application under advisement until Monday, April 19th to allow her time to look at the first Finding and see if there is anything unique about the property that would allow her to prepare adequate Finding.
The meeting was adjourned at 2:23 p.m.
Addendum April 19, 2004
2004-0150 – Variance
1340 Miette Way
The Administrative Hearing Officer approved the Variance to allow an air conditioning unit between the front of a building and the street by making the required three findings including Finding No. 1 as follows:
As a result of the property positioned on a corner lot with limited opportunity for placement of the unit due to the exposure to two streets, the Administrative Hearing Officer is able to make the finding that there is an exceptional condition on the property. The location of the unit is not visible from public view and adjacent properties due to screening landscaping. It is located back from the front most elevation of the building. Additionally, the proposed location of the air conditioning unit will have the least impact with respect to noise to the surrounding residential neighborhood.
The approval is subject to the following additional Condition of Approval:
· The air conditioning unit shall remain screened to the top of the unit at all times either with dense landscaping or a fence.
The applicant may appeal this decision within fifteen days of this decision date.
Minutes approved by:
Gerri Caruso, Principal Planner