CITY OF SUNNYVALE
ADMINISTRATIVE HEARING
MINUTES
Wednesday, April 14, 2004
2004-0186 – Application for a Variance from SMC (Sunnyvale Municipal Code) Section 19.48.100 to allow a side yard setback of 3 feet 9 inches where 6 feet is required. The project is located at 1492 Revelstoke Way in an R-1 (Low Density Residential) Zoning District (APN: 323-29-029) RK
In attendance: Stephen Dansey, 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.
Stephen Dansey, Applicant, noted that the air conditioning unit was installed by the previous owners, in its current location, due to efficiency reasons. He also noted that the distance between the evaporator coil and condensing coil need to be a certain distance to provide effective circulation. Mr. Dansey also noted that a letter was received from an adjacent neighbor in support of the air conditioning unit. He then stated that even though the unit did not meet the setbacks he felt that from a safety and noise standpoint the unit was acceptable. He then noted that because he has lived in the house for less than a year he has not had the opportunity to live in the house through a summer to really see if an air conditioning unit is warranted. He added that he would like to advocate for a temporary Variance to determine the need for the air conditioning unit.
Ms. Caruso closed the public hearing.
Ms. Caruso explained that the State dictates the Findings to cities and therefore they cannot be ignored. However, she took the application under advisement until Monday, April 19th to allow staff to explore the information brought to hearing regarding efficiency. She noted that even though staff would explore the new information presented in the hearing, it would be difficult to make the first Finding because there needs to be something unusual about the site. Ms. Caruso explained to Mr. Dansey that if the application is denied he would have 15 days to appeal the decision to the Planning Commission.
The meeting was adjourned at 2:11 p.m.
ADDENDUM
April 19, 2004
2004-0186 Variance for Side Yard Setback
The Administrative Hearing Officer denied the Variance to allow an air conditioning unit to remain installed at a reduced side yard setback due to the inability to make the required finding that there was anything exceptional about the property.
The applicant has 15 days from the date of this approval to appeal the decision to the Planning Commission.
Minutes approved by:
Gerri Caruso, Principal Planner