2004-0398 – Application for a Variance from SMC (Sunnyvale Municipal Code) Section 19.40.030 to allow an attached side-yard shed exceeding 20% of the length of the main house.   The property is located at 1041 Burntwood Avenue in an R-0 (Low-Density Residential) Zoning District. (104-20-052) DO

In attendance: Aida L. Merrill, Applicant; Adrian Pinera; Gerri Caruso, Administrative Hearing Officer; Diana O’Dell, 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.

Diana O’Dell, Project Planner, presented the staff report.  She summarized the subject application and noted that she re-confirmed with the Building Division that because the shed is attached to the wall a three foot setback is required.  Staff was not able to make the required Findings and recommended denial of the Variance. 

Ms. Caruso confirmed with staff that if the application was approved the Building Division would require them to remove the outer wall and require them to remove 1 foot.  Staff agreed.  Ms. Caruso asked to see pictures of the shed and confirmed with staff that it was constructed out of wood.  Staff added that it also had lattice and corrugated plastic.  Staff stated that the primary use for the shed was for yard equipment and trash cans. 

Ms. Caruso opened the public hearing.

Adrian Pinera received and reviewed a copy of the staff report.    He had a question about the building material of the shed and asked if a firewall was required.  Staff responded that it used to be a requirement but the building code supersedes that.   He then asked if it would be acceptable to use the same material to extend the roof line.  Staff responded yes.  Staff responded that the roof line would be accepted and the firewall in the required.  Mr. Pinera stated that it would probably be the new owner who would take on the responsibility. 

Aida Merrill, Applicant, stated that she has owned the property for two years.  She also stated that she feels the shed blends in with the property.  Ms. Merrill asked if the surrounding properties with similar sheds had applied for Variances and if they were approved or denied.  Ms. Caruso stated that she did not have information about the other properties at the time but noted that the Neighborhood Preservation Division has targeted that area to enhance it and will be enforcing Variances. 

Ms. Caruso closed the public hearing.

Ms. Caruso denied the Variance because the Findings were not met.  She noted that the storage unit will have to be modified or brought into code.  She also stated that the Neighborhood Preservation Division would work with them. Ms. Merrill stated that information about the shed has been disclosed because she is selling the property and would like to know how much the correction would cost.  Ms. Caruso stated that she she did not have the cost but she would have to move it back 3 feet and the maximum length would be 9 feet.  Ms. Merrill asked if it could be pushed back using the same material and change the look. Staff stated that it might meet the intention if they go with a more permanent look. 

Ms. Caruso was not able to make the required Findings and denied the Variance as proposed in the staff report.  She referred to Finding #2 and noted that because it exceeds building code setbacks it is a potential hazard.  She stated that the storage room will have to be brought into code or demolished. She also noted that the Neighborhood Preservation Division can work with her regarding a timeline if she decides to demolish the storage room.  

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

The meeting was adjourned at 2:20 p.m.

Minutes approved by:

Gerri Caruso, Principal Planner