CITY OF SUNNYVALE
ADMINISTRATIVE HEARING
MINUTES
Wednesday, January 12, 2005
2004-0938 – Richard Kingsbury [Applicant] De Victoria Martha [Owner]: Application for related proposals on a 6,914 square-foot site located at 275 Roosevelt Avenue in an R-2 (Low-Medium Density Residential) Zoning District. (APN: 204-45-001) TZ;
- Variance to allow a fence exceeding seven feet in height within the corner vision triangle on the corner of Roosevelt and Banning Avenues, and
- Use Permit to allow a fence exceeding seven feet in height along Banning Avenue.
In attendance: Richard Kingsbury, Applicant; Gerri Caruso, Administrative Hearing Officer; Diana O’Dell, Project Planner, on behalf of Teresa Zarrin; 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, on behalf of Teresa Zarrin, presented the staff report. She summarized the subject application and stated that staff consulted with the Traffic Engineering Division regarding the issue. Staff stated that it was determined that the Variance could be supported if the extra section of the fence that protrudes further into the vision triangle were removed. Staff was able to make the Findings for the Variance and Use Permit and recommended approval subject to the Condition of Approval. Staff noted that a letter was received from a neighbor with concerns regarding property maintenance and the fence.
Ms. Caruso referred to the site plan and confirmed with staff that 1 section of the 8 foot fence closest to Banning Avenue would have to be lowered to 3 feet in order to be in compliance and the gate would either have to be lowered or set farther back. Staff agreed. Ms. Caruso then referred to Conditions of Approval #4 and asked staff if the City was responsible for trimming the tree or the applicant. Staff stated that she was not given that information by other staff.
Ms. Caruso opened the public hearing.
Richard Kingsbury, Applicant, stated that he received and reviewed a copy of the staff report. He gave a brief explanation of why the fence was built 7 feet high and without a permit. He then referred to the Conditions of Approval and spoke about items #1, #2, and #3. He spoke about the vision triangle, Cypress tree and privacy concerns if the fence is moved back. He explained on the site plan the location of the windows and the fence. Ms. Caruso confirmed with Mr. Kingsbury that he would prefer not to have to remove the 7 foot section where the windows are located. Mr. Kingsbury agreed and stated that staff was great. He then referred to the letter that was submitted by a neighbor and stated that the house is being upgraded. Ms. Caruso stated that the neighbor had an issue with the fence being built without compliance and issues with loitering at that end. Mr. Kingsbury read a copy of the letter. Mr. Kingsbury noted that the fence was built exactly as the previous one with the exception of the height.
Ms. Caruso closed the public hearing.
Ms. Caruso approved the Variance and Use Permit with the Findings and Conditions of Approval as recommended by staff. She that the City standards have changed and the City has adopted the 40 foot vision triangle based on traffic engineering standards of today. She stated that if she was to approve something taller and an accident occurred she might have caused a liability issue for the City. She stated that she would pursue the tree issue. She stated that as an alternative to lowering the height of the gate, the gate could be moved back to maintained the height.
Ms. Caruso stated that the decision is final unless appealed to the Planning Commission with payment of the appeal fee within the 15-day appeal period.
The meeting was adjourned at 2:25 p.m.
Minutes approved by:
Gerri Caruso,
Principal Planner