CITY OF SUNNYVALE

ADMINISTRATIVE HEARING

MINUTES

Wednesday, July 14, 2004

2004-0484 – Application for a Variance from Sunnyvale Municipal Code section 19.26.100 to allow an air conditioner between the building and along South Pastoria Avenue.  The property is located at 795 West McKinley Avenue in an R-2 (Low-Medium Density Residential) Zoning District.  (APN: 165-12-014) RK

In attendance: Hugh McIntyre, Applicant; Gerri Caruso, Administrative Hearing Officer; Ryan Kuchening, 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 noted that one letter in support of the application was received.  Staff also noted that the applicant might be using a different size air conditioner that may decrease the distance to the property line.  Staff recommended approval of the Variance subject to the Conditions of Approval recommended by staff.

Ms. Caruso opened the public hearing.

Hugh McIntyre, Applicant, received and reviewed a copy of the staff report.  He stated that currently he had two quotes for air conditioning units with one of them being a slim line unit which would go against the house.  He added that it would be 5 foot 9 inches from the property line.  Mr. McIntyre asked Ms. Caruso if the project were approved if it would be approved at a minimum of 5 feet 9 inches or less. Ms. Caruso stated that even with a bigger unit or a more conventional type of unit noise standards still need to be met.

There was no else present to speak on the item.    

Ms. Caruso closed the public hearing.

Ms. Caruso approved the Variance with the Findings provided by staff with the Conditions of Approval recommended by staff.  She stated that the air conditioner could be any distance as long as it is behind the fence, meets noise standards and is not be visible to the public. 

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

The meeting was adjourned at 2:26 p.m.

Minutes approved by:

Gerri Caruso, Principal Planner