2003-0459 – Application for related proposals on a 15,816 square foot site located at 821-823 and 825-829 Lewis Avenue in an R-2 (Low Medium Density Residential) Zoning District. (APN: 165-17-027) (Negative Declaration) DO

·        Variance from SMC (Sunnyvale Municipal Code) section to allow SMC 19.30.020 to allow less than the required minimum lot size and width, and

·        Parcel Map to allow the subdivision of one lot into two lots.

Fred Bell, Principal Planner, presented the staff report.  He summarized the site layout and the proposed Variance from the Sunnyvale Municipal Code.  He stated that the lot is narrow and small compared to the immediate area.  He added that the proposed lot size would be compatible with the neighborhood and that there would be no impacts to the surrounding properties. Staff was able to make the required Findings and recommended approval of the Variance and the Parcel Map.

Comm. Simons asked staff whether it is possible to flip the lot to share the driveway access to achieve more open space or additional parking options. Ms. Ryan responded that there are currently existing buildings on-site.  The applicant would like to have two duplexes rather than a fourplex.

Comm. Simons further asked staff whether a complete redevelopment would be required if additional parking is required for compliance.   Staff responded that if four parking spaces per unit were required, then a complete redesign of the property would be needed.

Comm. Simons asked staff about non-covered parking requirements and asked whether the site is sub-standard in this category also.  Staff responded that the site is a built environment and that parking configuration is consistent and compatible with the neighborhood. 

Comm. Hungerford asked staff whether splitting the lot is to facilitate the sale of the property separately.  Staff responded that he was not sure whether it is really the goal of the applicant but the lot split would facilitate the sale of the property separately.

Comm. Hungerford commented that the Conditions of Approval suggest that construction is going to happen.  Staff responded that the conditions are required by Public Works Department and added that there is no construction other than some minor modifications necessary to meet the property separation.

Chair Babcock opened the public hearing.

Dennis Moreno, applicant, thanked staff for their assistance.  He stated that the application is a correction of an oversight from the original owner who failed to ask for a lot split when the property was developed. He described the neighboring residence and the request is to be compatible with the neighborhood. He urged the Commission to approve the permit in accordance with staff recommendation.

Chair Babcock closed the public hearing.

Vice Chair Moylan stated that the item is non-controversial and that he was able to make the required Findings warranting approval.  He commented that the site is the only property that is twice as big than the rest on that street and that the only substantial difference is the lot width; however, it matches every other property on the street.

Comm. Hungerford concurred with Vice Chair Moylan.  He stated that the lot size matches the neighborhood.

Ms. Ryan stated that the decision is final unless appealed to City Council within the 15-day appeal period.