CITY OF SUNNYVALE
ADMINISTRATIVE HEARING
MINUTES
Wednesday, October 27, 2004
2004-0776 - Application for a Use Permit on a 6,578 square-foot site to allow a twelve-foot high accessory utility building (playhouse) in the front yard. The property is located at 450 East Arbor Avenue in an R-0 (Low-Density Residential) Zoning District. (APN: 204-14-029) AM
In attendance: Nelly Robilliard Vargas, Owner/Applicant; Gerri Caruso, Administrative Hearing Officer; Andrew Miner, Project Planner; Jacob Rodriguez, Senior Neighborhood Preservation Specialist; 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.
Andrew Miner, Project Planner, presented the staff report. He summarized the subject application and stated that the playhouse was subject to action by the Neighborhood Preservation Division and presented Jacob Rodriguez, Senior Neighborhood Preservation Specialist. Staff noted that 6 additional letters in support of the playhouse were submitted to him in the morning. Staff was unable to make the required Findings and recommended denial of the Use Permit.
Ms. Caruso asked staff if there were any other setback issues. Staff stated that the applicant met all the setbacks and lot coverage and noted an approved play structure located in the front yard area from 2000.
Ms. Caruso opened the public hearing.
Nelly Robilliard Vargas, Owner/Applicant, stated that she received and reviewed a copy of the staff report. Ms. Vargas stated that she would not have a problem removing the structure in the year 2006. She stated that she did not agree that the structure did not belong there. She also noted that 19 neighbors had written wonderful letters in support of the play structure. Ms. Vargas then stated that it was never her intention to defy the rules and thought she was meeting the rules from the information that she had. She stated that it was too late by the time it was brought to her attention because she had the plans for the structure and bought the material. Ms. Vargas stated that the reason the play structure was placed in the front yard and not in the back yard was because she does plan to remove it. She stated that she would not be able to move it if it were in the back. Ms. Vargas submitted pictures for review and stated that the play structure was built better than her own home. Ms. Caruso asked Ms. Vargas if she plans to take the play structure with her or dismantle it when she leaves in the year 2006. Ms. Vargas responded that she does plans to take it with her and explained that it does not have a foundation and plans to lift it onto a flat bed. Jacob Rodriguez, Senior Neighborhood Preservation Specialist submitted pictures for review. Ms. Caruso noted that she drove by the property site to view the play structure and get an idea of what the local vicinity looked like. Ms. Caruso asked staff how wide the play structure was. Staff responded that the play structure was 12 feet by 6 ½ feet. Ms. Caruso confirmed with staff that the setbacks written in the staff report were for the play structure and not for the house. Staff explained that because the width of the structure is 6 ½ feet and the side yards are 5 ½ feet plus the location of a fireplace there is no room for the play structure in the back. Ms. Vargas urged for the approval of the play structure.
There was no one else present to speak on the item.
Ms. Caruso closed the public hearing.
Ms. Caruso stated that she would like to find a way to allow Ms. Vargas to keep the play structure especially for the children. Ms. Caruso denied the Use Permit because it did not meet code requirements and stated that the play structure would have to be removed or dismantled within 6 months.
Ms. Caruso stated that the decision is final unless appealed during the 15-day appeal period.
The meeting was adjourned at 2:30 p.m.
Minutes approved by:
Gerri Caruso,
Principal Planner