PLANNING COMMISSION APPROVED MINUTES 0F 05-24-04
2004-0282 – Application for related proposals on a 5,962 square-foot site located at 687 Conway Road in an R-2 (Low Medium Density Residential) Zoning District. (APN: 202-06-022) SL (Continued from 05/10/04)
· Variance from SMC (Sunnyvale Municipal Code) section 19.34.030 to allow a 10-foot total side-yard setback where 12 feet is required for the first story and 16 feet total side-yard setback where 18 feet is required for the second story, and
· Design Review to allow a 3,046 square-foot home resulting in a 51% FAR (Floor Area Ratio) where 45% FAR can be considered without Planning Commission Review.
Fred Bell, Principal Planner, presented the staff report on behalf of the Project Planner, Steve Lynch. He summarized the proposed project highlighting the use, site layout and architecture. He discussed the requested Variance. Staff stated that the proposal complies with the Development Standards with the exception of the Variance. Staff was unable to make the required Findings for the Variance but was able to make the required Findings for the Design Review. Staff recommended approval of the Design Review and denial of the Variance.
Chair Babcock opened the public hearing.
Fu-Mei Loh, owner, stated that because of the lot size configuration, meeting the required setbacks would be a hardship. She commented that adjacent properties were granted a Variance that have similar lot size and configuration. Further, she stated that it would be difficult to change the design of the house in observance of Feng Shui. She urged the Commission to approve her project.
Vice Chair Moylan explained to Ms. Lo the requirements for granting a Variance. Ms. Lo responded that her lot is narrow and it would be a hardship to achieve the desired design without the Variance.
Gary Cates, architect, stated that because of cultural practices, the re-design without the Variance was not acceptable to the owner. He stated that the design is aesthetically compatible with the neighborhood and has a nicer balance.
Chair Babcock closed the public hearing.
Vice Chair Moylan made a motion on Item #2004-0282 to approve the Design Review and deny the Variance. Comm. Fussell seconded.
Vice Chair Moylan stated that staff clearly explained the concerns about the requested Variance. He was unable to make the required Findings for the Variance and added that granting the Variance would be a special privilege given to the applicant not enjoyed by other surrounding owners. He concluded that the redesign would be a difficult chore but it could be done.
Ms. Ryan stated that the decision is final unless appealed to the City Council within the 15-day appeal period.