SUBJECT:

2004-0963 -  Application for a Variance from Sunnyvale Municipal Code (SMC) section 19.34.030 to allow a 17-foot front yard second-story setback where 25 feet is required and SMC section 19.56.020 to allow shading of a nearby structure that exceeds 10 percent.  Approval of the variance would allow a first and second-story addition to a one-story home resulting in a total of 1,737 square feet.  The property is located at 321 Flora Vista Avenue in an R-2 (Low-Medium Density Residential) Zoning District. (APN: 209-24-062) KD

REPORT IN BRIEF     

Existing Site Conditions	Existing one-story residence with detached rear garage
Surrounding Land Uses
North	Single Family Residential
South	Single Family Residential
East	Single Family Residential
West	Multiple Family Residential
Issues	Variance to setbacks and Design Review of second-story addition in the context of a heritage resource home and the neighborhood
Environmental Status	A Class 3 Categorical Exemption relieves this project from California Environmental Quality Act provisions and City Guidelines.
Administrative Hearing	Approve with conditions
Staff Recommendation	Deny the appeal and uphold the decision of the Hearing Officer

Click here for map. (.pdf)

PROJECT DATA TABLE

**Starred items indicate deviations from Sunnyvale Municipal Code requirements.

Description of Proposed Project

The existing home is a small one-story home with a detached one-car garage located in the rear yard.  The home is listed as a Sunnyvale Heritage Resource.  The proposal includes the demolition of the existing detached one-car garage and construction of a new one car attached garage and a second story addition above the new garage and existing home.   The architectural elements of the existing front façade are to be maintained, and the new second story is intended to complement, but not match identically, the existing heritage resource architecture.  The proposed addition results in a need for a variance for the second story front yard setback and for exceeding a 10% restriction on shading of adjoining property roof area.

Background

The project was approved by the Administrative Hearing Officer on May 11, 2005.  Due to confusion at the hearing an interested neighbor was not aware of his ability to speak on the project until the public hearing had been closed and the decision final by the Hearing Officer.  As a result of this confusion, Staff immediately forwarded an appeal of the project to the Planning Commission to allow for the neighbor to participate in a public hearing on the project.

Environmental/Historic Review

This application was submitted to the City prior to the recent changes to the Sunnyvale Municipal Code requiring Heritage Preservation Commission review of historic assessments of Heritage Resources, therefore only staff review is required.  In regards to the impacts of the proposed addition and the existing home's status as a Heritage Resource, the applicant submitted an historical assessment (Attachment "D") of the home that has been evaluated by staff.   

The report concludes the existing home does not meet the requirements for being designated as a significant resource.  Although the structure does not have significant historical value, it is part of the heritage of Sunnyvale and its character is to be considered during the design review process of the application.  The design review will consider the addition in the terms of a typical Sunnyvale design review for neighborhood compatibility and architectural quality rather than consider whether the addition has significant impacts on the historical merits of the existing home, as would be the case if the site qualified as a significant historical resource or landmark. 

Since the home is not qualified as a significant heritage resource or landmark the project is eligible for a standard exemption from the California Environmental Quality Act. Specifically, a Class 3 Categorical Exemption relieves this project from California Environmental Quality Act provisions and City Guidelines.  Class 3 Categorical Exemption includes construction of new single-family homes and residential additions.  

Variance

Site Layout:  The existing home is nonconforming in regards to front yard setbacks for the existing home.  The current setback is 8 feet to the covered entry and 12 feet to the front façade where 20 feet is required.  The applicant has proposed a second story addition that is a minimum of 17 feet where 25 feet is required.   The justification for the variance to the front yard setback includes consideration of preserving the existing heritage resource home, appropriate proportions and design elements relating to the existing home for a compatible design, and allowing for usable interior space for the addition.    

The abutting site to the north at the corner of Flora Vista and McKinley contains structures that do not conform to required rearyard setback of 20 feet.  In fact the structures occupy approximately 100% of the required rear yard where a 25% maximum coverage is permitted.  The proposed second-story addition on the subject site results in a need for an additional variance to the solar shading restriction of no more than 10% of an abutting structure as the proposed addition shades 100% of the corner parcel's rear yard nonconforming structure during the afternoon.  The justifications for the variance relate to the exceptional situation of an adjacent parcel having 100% of a rear yard occupied by a structure; the preservation of the existing home preventing the addition from being constructed in an alternative location; the affected property owner has stated he has no intention of placing solar panels on the roof; and the affected structures are accessory buildings and the main home still has available roof area for panels.

Architecture: 

Flora Vista Avenue is a relatively narrow street at the subject site with a 28-foot paved section creating a well-defined scale of street width to home sizes, which is in contrast to many of Sunnyvale neighborhoods that have larger modern street designs.  The general neighborhood character of this street segment is primarily older small one-story homes with detached garages in the rear.  The setbacks for the homes on Flora Vista are generally nonconforming to the front yard setback or right at the 20-foot setback requirement.  Properties near the corner of McKinley, adjacent the subject property,  tend to have more square footage and are situated at the setback or nearer to the street.   There are no two-story homes located on this block of Flora Vista.   However, other two story structures exist on surrounding streets.   

The proposed addition will bring the one-car garage close to the street relative to most other garages on the block, but it would be setback behind the front façade of the home.   Staff has a general concern about the presence of the garage near the street along this block of Flora Vista in terms of matching the neighborhood pattern.  Considering the abutting sites to the north are built up to the street along Flora Vista the garage should not appear completely out of place and may in fact act as a transition to the detached garage homes to the south.

In regards to the front setback of the home, the existing one-story home's front façade and its existing covered entry are to be retained in their current configuration.  The second-story addition is setback from the existing front façade by 5-8 feet resulting in a 17-20 foot setback.  Sunnyvale's standard second-story setback requirement is an additional five feet beyond the front yard setback requirement of 20 feet resulting in a 25-foot requirement.    The proposed second story is located on the north half of the home creating visual relief from a sidewalk perspective despite being only 17 feet from the sidewalk.  The unbalanced addition also relates to preserving the integrity of the heritage resource home's character.   The overall height of the addition is approximately 25' 9" to the peak of the gable.   The second story is roughly 35% of the floor area of the first floor.  As the only two-story home on Flora Vista the proposed height at the reduced setback will be a dramatic change from existing conditions and could be considered an issue for compatibility along Flora Vista.   Staff believes the consistency of architectural character along the front façade along with varied levels of relief between the covered entry, existing façade, setback garage, and the new second story will successfully integrate the addition into the neighborhood.

The applicant has proposed maintaining architectural consistency for the front façade of the old and new sections of the home, but has departed from the simple bungalow design of the existing home for the addition along the side and rear.   The design is intended to distinguish the old from the new and meet the desires of the applicant for a more updated and contemporary style to the home while maintaining the existing curb appeal.   Staff supports this design approach to integrate, but at the same time distinguish, the two time periods of the home.   The rear of the addition also includes an elevated deck with a staircase down to the rear yard.   Staff is concerned with the elevated deck in the rear because of its height, apparent mass, and the degree of stucco material exposure which contrasts with the surrounding simple home styles.   Staff has included a condition addressing further staff review of the rear deck for material selection and breaking down the apparent mass of the rear portion of the addition.

The following Guidelines were considered in the analysis of the project architecture.

Single Family Design Techniques	Comments
3.4E Second Floors:  Unless two story high walls are common in the neighborhood, maintain a roof segment between first and second floor for a minimum of 50% of the perimeter…	The immediate neighborhood is a one-story neighborhood with no two-story structures.  The project's north façade two-story wall has relief for the first third of the wall due to the change in materials and gabled roof over the garage.  The rear portion of the addition has modern clean lines with no breaks in the wall design other than a change of material on the ground floor for the last eight feet. The south façade is setback considerably from the adjacent home and has multiple forms and projections breaking the down wall height.
3.4 F Second Floors: New homes and second story additions constructed adjacent to smaller homes should maintain a one-story profile adjacent to the one-story homes as a transition to any second story building element.	The addition has one-story homes on all sides and maintains a large setback to the south meeting the design guideline, but does impact the northern property for the rear portion of the addition. The northern property is a corner lot oriented perpendicular to the subject site impacting the rear yard area not a side yard.
3.4 K Second Floors:  Relate second floor elements to first floor elements to first floor masses. Avoid large projecting forms on the second floor when first floor elements are modest in size and scale.	The addition successfully integrates the original home's design elements into the second story of the front façade with eaves, brackets, gabled roof, and siding.  The features wrap around the first one-third of the new addition on the north side before transitioning to the proposed modern style for the rear of the home. Staff has included a condition that the stepped back gable of the rear addition have the same appearance and finish of the front façade when viewed from the street.
3.4N Second Floors: Second floor decks and balconies shall be well integrated into the overall design of the home.	The rear deck has a bulky appearance and oversized height due to the choice of materials and configuration.  Its location could impact privacy of adjoining neighbors.  Staff has included a condition to revise the design of the deck to reduce apparent bulk and  provide visual  interest.
3.6 A Privacy Solar Access: …minimize blockage of sunlight to living spaces and active outdoor areas.	The home is not capable of minimizing solar impacts to adjacent lots with an addition on the north portion of the home due to nonconformities of adjacent structures.  A variance request is proposed with this project.
3.6 D Privacy Solar Access: Second floor decks and balconies shall only be used when there is no intrusion on privacy.  As a rule they should be setback 10 feet on the sides and 20 on the rear.	The project exceeds rear yard setbacks but is located less than ten feet from north side which is the rear yard of other homes.   The current proposal has a solid wall for the railing that may be modified for improved architectural detailing.

Parking/Circulation: The existing site has a detached one-car garage that is proposed for demolition as part of the new project.  The project is required to replace the loss of the covered parking space and has included a new one-car garage as part of the addition.   The project's overall size is less than 1,800 square feet and has only three bedrooms, therefore it is not required to upgrade the amount of covered parking on site to the standard requirement of two covered parking spaces.   Additionally, providing or requiring a two-car garage near the street would be out of character for an historic home and the neighborhood.   One uncovered space is provided in front of the proposed new garage. 

The following Guidelines were considered in analysis of the project parking and circulation.

Single Family Design Techniques	Comments
3.2A Parking: Accommodate garages in a pattern similar to the neighborhood	One-car detached garages in the rear of the home are the common pattern for the neighborhood; the proposal maintains a one-car garage but has attached it to the home while setting it back from the front façade.
3.2B Parking: In neighborhoods with one-car driveways limit curb cuts to one car width.	Applicant's design has maintained the one-car width driveway cut.

Compliance with Development Standards/Guidelines:

The existing home has a nonconforming front yard setback that is maintained in the current design proposal.   Variances are proposed for the second-story front yard setback requirement of 25 feet and shading of abutting structures greater than 10% of the roof area.  The proposed project includes a one-car garage, which does not conform to the standard two car requirement, but does not exceed the minimum thresholds requiring upgrading of the covered parking on the site to two spaces.

Expected Impact on the Surroundings: 

The greatest impacts to the surroundings are the shading of the property to the north eliminating current solar access to the site and the impacts of a new second story addition and garage on the streetscape and architectural character of the neighborhood. The shading impact cannot be alleviated without denial of the variance.   Incorporation of design elements into the proposed addition that meet the design guidelines for single-family homes have addressed compatibility issues.   

No fiscal impacts other than normal fees and taxes are expected.

Notices were mailed to adjacent property owners for the May 11, 2005 hearing.   One letter of support from the neighbor to the north with the nonconforming rear yard structure was submitted by the applicant.  At the administrative hearing the other neighbor to the north of the project, 336 East McKinley Avenue, was present to voice concerns about the project.  At the hearing the neighbor was not aware of his opportunity to provide input on the project and did not realize this until the hearing was closed.  At that time he voiced concerns to staff about the impacts of the two-story home on his rear yard garden and appropriateness of the two-story structure in the neighborhood and its proximity near his rear yard.   Due to the fact the hearing had been closed and a decision already made, this testimony could not be included in the decision making process.  As a result staff forwarded this application to the Planning Commission as an appeal to allow the aggrieved neighbor an opportunity to voice his concerns and have them considered during the review of the project.

Notice of Public Hearing	Staff Report	Agenda
·         Published in the Sun newspaper ·         24 notices mailed to adjacent property owners and residents	·         Posted on the City of Sunnyvale's Website ·         Provided at the Reference Section of the City of Sunnyvale's Public Library	·         Posted on the City's official notice bulletin board ·         City of Sunnyvale's Website ·         Recorded for SunDial

Comment on Appeal

The primary reason for the appeal is to give the northwest neighbor of the subject site (336 McKinley Ave) an opportunity to be heard.   The neighbor's parcel is located directly west of the corner parcel (354 McKinley) that is impacted by the shading variance request.  The 336 McKinley neighbor has concerns about the shading of his property, specifically his rear yard, as well as the integration of two-story home into the neighborhood and its closeness to his property.  In regards to the shading of a rear yard, the City does not have a zoning standard in place related to shading of ground area or protection of landscaping.   The shadow from the addition occurs primarily during the morning hours and by afternoon the sun would be in full view from the rear yard.  It is important to note that the shadow diagram provided by the applicant, Attachment C, is the "worst-case" scenario of the maximum shadow generated on the shortest day of the year, December 21st. 

Second-story additions are a permitted use within the R-2 zoning district and the project has met the minimum setback requirement as related to the neighbor's property.  Because the addition is on the north side, as opposed to the south side, of the property there is a greater shadow on the adjacent property.  Staff is supportive of this design approach, despite the shadow, because it appears to better preserve the integrity of the heritage resource home.  Staff has included a condition to continue to work on the elevated deck nearest the McKinley neighbors.

Discussion: The applicant has proposed two variances in conjunction with the proposed first and second story addition.  Both variance requests are based on preservation of the existing heritage resource home.  The heritage resource home was determined to be not a signif