Loading...
Variance - Denied - 2007 . Campbell will be participating in a regional "Community Clean-Up Day" on Saturday, May 19 from 8:00 am to 12:00 noon, starting at John D. Morgan Park. Refreshments will be provided in the morning and the event will conclude with a lunch at noon. To learn more about the event, please call Diana Johnson at 866- 2145. . The Santa Clara County Board of Supervisors named Ken Waldvogel as the Fire Chief of the Santa Clara County Fire Department. PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES 7. FY 2007/08 Social Service Subgrant Funding Recommendations This is the time and place for a public hearing to consider the FY 2007/08 Social Service Subgrant Funding recommendations. Assistant to the City Manager Bito - Staff Report dated May 1, 2007. Mayor Furtado declared the public hearing open and asked if anyone in the audience wished to be heard. There being no one wishing to speak, Mayor Furtado closed the public hearing. M/S: Burr/Low - that the City Council approve the following Social Service Subgrant funding levels as recommended by the Civic Improvement Commission: Catholic Charities/LTC Ombudsman Program Health Trust/Meals on Wheels Live Oak Adult Day Services Outreach-Case Management Services Outreach-Paratransit Services Saratoga Adult Care Center Second Harvest Food Bank-Brown Bag Program Teen Counseling Center $5,750 5,750 5,000 7,500 7,000 4,000 7,200 7,800 Motion adopted unanimously. 8. Appeal of a Planning Commission Decision denying the Revised Application of Wayne Firsty for a Variance (PLN2006-109) to a required garage setback to allow a single-family addition on property owned by Wayne and Julie Firsty located at 1124 Bent Drive in an R-1-6 (Single Family Residential) Zoning District (Resolution/Roll Call Vote) (Cont'd. 4/3/07) Minutes of 5/1/2007 City Council Meeting 4 This is the time and place for a public hearing to consider an Appeal of a Planning Commission Decision denying the Revised Application of Wayne Firsty for a Variance (PLN2006-109) to a required garage setback to allow a single- family addition on property owned by Wayne and Julie Firsty located at 1124 Sent Drive in an R-1-6 (Single Family Residential) Zoning District. Councilmember Kennedy stated she would not be participating on this item due to a conflict and left the Council Chamber. Associate Planner Haley - Staff Report dated May 1,2007. Mayor Furtado declared the public hearing open and asked if anyone in the audience wished to be heard. Mark Sroxon, Campbell resident, appeared before the City Council and spoke against the Variance. Robert Williams, Campbell resident, appeared before the City Council and spoke against the Variance. Wayne Renshaw, Architect, appeared before the City Council and spoke in support of the variance. Wayne Firsty, Appellant, appeared before the City Council and spoke in support of the Variance. There being no one else wishing to speak, Mayor Furtado closed the public hearing. Following City Council discussion, MIS: Hernandez/Low - that the City Council adopt a resolution denying an Appeal and upholding the Planning Commission decision denying a Variance application for 1124 Bent Drive (PLN2006-109). Motion resulted in a split vote, with Councilmembers Hernandez and Low voting AYE, Councilmembers Burr and Furtado voting NO, and Councilmember Kennedy abstaining. Therefore, the Planning Commission decision stands. Councilmember Kennedy returned to the Council Chamber. UNFINISHED BUSINESS 9. Authorization to Contract with Prodis Associates Architects to Prepare a Study that Examines the Feasibility of Relocating the Campbell Historical Museum to the Area Adjacent to the Ainsley House (Resolution/Roll Call Vote) Redevelopment Manager Heinrichs - Staff Report dated May 1, 2007. Minutes of 5/1/2007 City Council Meeting 5 MEMORANDUM To: T" Haley As ociate Planner, Carom. Development Dept. From: Date: Subject: Continued Appeal- Wayne Firsty - 1124 Bent Drive At the regular meeting of May 1, 2007 the City Council held a public hearing to consider the continued Appeal of PC decision denying the revised application of Mr. Wayne Firsty for a Variance (PLN 2006-109) to a required garage setback to allow a single-family addition on property located at 1124 Bent Drive. After hearing public testimony, and following City Council discussion and deliberation, the City Council made a motion to deny the Appeal and uphold the Planning Commission decision which resulted in a split vote. Therefore, the Appeal was not approved and the Planning Commission decision of February 27,2007 denying the Variance stands. Please find a copy of the correspondence to Mr. Firsty as follow up to the City Council's action. Attachment: 0<;; . CAII1 . ,0<9 ~ t<' - ('" U r ... "- 1- "- <(' c' OIiCH~RO. CITY OF CAMPBELL City Clerk's Office May 3, 2007 Mr. Wayne Firsty 1124 Bent Drive Campbell, CA 95008 Dear Mr. Firsty: At the regular meeting of May 1, 2007, the City Council held a public hearing to consider your continued Appeal of a Planning Commission decision denying the revised application for a Variance (PLN 2006-109) to a required garage setback to allow a single-family addition on property located at 1124 Bent Drive in an R-I-6 (Single Family Residential) Zoning District. After due consideration by the City Council, a motion to deny the Appeal and uphold the Planning Commission decision resulted in a split vote. Therefore, the Appeal was not approved and the Planning Commission decision of February 27, 2007 denying the Variance stands. , Please do not hesitate to contact this office (866-2117) or Tim Haley, Associate Planner, should you have any questions in regard to the City Council's action. Sincerely, /---.,; & / / ~ . ; /.A.A,___ Anne Bybee City Clerk cc. Tim Haley, Associate Planner 70 North First Street, CampbeH, California 9500f;-i 43(, TEL 408.866,:21 i 7 . FAX 408,374,6889 . TDI> 408.86(),:27'JO MARK & MARY BROXON 1153 BENT DRIVE CAMPBELL, CA 95008 ~il8 RECEIVED APR 2 5 2001 Crrv, eLKS (lFf'O~ Ju..... ~ Cc : GfrJ April 6, 2007 The City Council City of Campbell 70 North First Street Campbell, CA 95008-1436 Re: File No. PLN2006-1009: Garage Setback Variance at 1124 Bent Drive, Campbell Dear City Council: We live across the street, two homes down from 1124 Bent Drive. My wife and I have been following the garage variance discussions for the past few months. In fact, in mid November we wrote a letter to the Planning Commission expressing our disapproval of the variance request. We now also want to make the City Council aware of our concerns. We find two main issues with this request. The first is the precedent this will set on Bent Drive. We feel that both Bent Drive and Cameo Drive are unique in Campbell for the following reasons: 1. The rolled curbs and no sidewalks on these streets give the neighborhood a uniquely rural feel. 2. The homes are all set back from the street, with well kept up, attractive landscaping, further insuring this unique rural feel. When walking down the street, you experience the expansive feel of the homes and yards. 3. The street is remarkably free of parked cars. Seldom do we walk down Bent Drive in the evenings and see a car parked on the street at night. It is this unique beauty and feel that makes Bent Drive a popular place for walkers and runners. I have heard from people in surrounding neighborhoods that they will make a point of walking or running in our neighborhood. In fact, when my wife and I turn the corner while walking from Moneta onto Bent Drive, we are continually impressed by the expansive feel of the street. This area may be truly unique in Campbell. Our concern in granting this variance is that this will set a precedent that will be the first of many attempts to change the character of our neighborhood by shortening the required garage setbacks. We do not want to see the character of the neighborhood changed in this regard. Our second main issue with this request surrounds the need to move the garage forward in the first place. Other area residents have accommodated design changes without violating the garage setbacks and we don't know why the Firstys cannot do so as well. In fact, we began the process of our own remodel/addition in 2001. Similar to the Firstys, we also had two younger daughters at the time who are now in their early teens. Our goal was Letter to the Camobell City Council Page 2 to add space to the home and to update the kitchen. We consulted with three architectural firms, and during the initial idea stage, bringing the garage and house forward were presented as options. However, our contractor was aware of Campbell's building regulations and mentioned that moving the garage forward was not allowed - it was already 25 feet from the public right of way. Upon being reminded of this we rejected any ideas that would bring the garage forward. We had also been given the setback regulations when we purchased the house, so why even think of considering this? We also rejected this idea because it was apparent that moving our garage forward would affect our neighbors' views and the feel of their property. We knew that the spacious setbacks of the homes, which give our neighborhood its distinctive character, would be compromised. We did find a way to achieve our goals of a larger home for our family. Doing this involved an addition of about 450 sq. feet into the backyard. Of course, no one wants a smaller backyard; we also ultimately relocated the kitchen from the front to the back side of the house. Was what we did the most convenient thing for us, or the least expensive? Probably not. But we did accomplish our goals while still maintaining the character of the neighborhood. And we did so without violating any garage setback rules. As.we look across the street, and considering the general rural character which gives Bent Drive and Cameo Drive their distinctive character, we believe that granting the requested variance would constitute a special privilege inconsistent with the limitations applicable to every other residence in our neighborhood. It will also set a precedent that will be the first of many attempts to change the character of the neighborhood. And given our own recent experience, there are no doubt other ways of accomplishing the intended goals - while perhaps not as immediately convenient - that will do this within the guidelines we have agreed to as homeowners. Sincerely, ~~ 4~--- Mark Broxon Mary Broxon MEMORANDUM To: Tim Haley Associate Planner, Coromunity Development From: Date: Subject: Appeal of PC decision denying revised application of Mr. Wayne Firsty for a Variance (PLN 2006-109) to a required garage setback - 1124 Bent Drive At the regular meeting of April 3, 2007 the City Council held a Public Hearing to consider an Appeal by Mr. Wayne Firsty of a Planning Commission decision denying his revised application for a Variance (PLN 2006-109) to a required garage setback to allow a single-family addition on property located at 1124 Bent Drive in an R-I-6 Zoning District. Per a written request received from Mr. Firsty for a continuance of this agendized subject, the public hearing was continued to the regularly scheduled City Council meeting of May 1,2007. o~ . CA4J . 10<9 ,:... i-<' :::: .\"" V r ... ;>. 1- "- '!" G...... ORCH ~RQ CITY OF CAMPBELL City Clerk's Office April 4, 2007 Mr. Wayne Firsty 1124 Bent Drive Campbell, CA 95008 Dear Mr. Firsty: At the regular meeting of April 3, 2007, the Campbell City Council, per your written request dated April 2, 2007, took action to continue the public hearing to consider your. Appeal of a Planning Commission decision denying your revised application for a Variance (PLN 2006- 109) to a required garage setback on property located at 1124 Bent Drive. The regular City Council meeting scheduled for May 1, 2007 is the date set for the continuance of this public hearing. Please do not hesitate to contact this office (866-2117) or Tim Haley, Associate Planner, should you have any questions in regard to the City Council's action. Sincerely, , W. to': . -# //. ~ ~e Bybee City Clerk cc. Tim Haley, Associate Planner, Community Development Department 70 North First Street. Camphel1, California 95008.1436 . TEL 408.866.'2117 FAX 408.374.6889 . TJ)[) 408.866.'2790 April 3, 2007 RECEIVED APR 0 6 2007 .ClT1 CLfRK~S .QFFIC.a (!e: 0/YJ C~ .....,. Anne Bybee City Clerk File No. PLN 2006-109 Address: 1124 Bent Drive Dear Anne, I am unable to attend the Public Hearing that has been rescheduled for May 1, 2007 to address the setback issue in question for this property. I would appreciate it if you would forward this letter to the City Council to be included in the Public Hearing. I don't understand why the City Council continues to debate this issue? It seems very clear to me, either you change the setback requirements for all residents of Bent Drive or you deny this request. All Bent Drive lots west of Midway have approximately the same square footage and layout. I see no logical reason that 1124 Bent should be given a variance to the current setback requirements. There have been several remodels on my street in the past few years and to my knowledge all have followed the setback requirements. Those residents followed the law even though it may have caused them to alter their original plans or spend extra money redesigning the interior of their homes to meet these setback requirements. The requirements were put in place for a reason so you either abide by the current setback standards or make a permanent change that applies to everyone. Sincerely, Bent Drive Resident O~.CAI1.1. ,.1... /!)~ 1::: ~ U r- .... ... ,,' O-tCHA\l.O' CITY OF CAMPBELL City Clerk's Office March 12,2007 NOTICE OF APPEAL NOTICE IS HEREBY GIVEN that the City Council of the City of Campbell has set the hour of 7:30 p.m., or shortly thereafter, on Tuesday, April 3, 2007 in the City Hall Council Chamber, 70 N. First Street, Campbell, California, as the time and place for a Public Hearing to consider an Appeal of the Planning Commission decision denying revised plans for the application of Mr. Wayne Firsty for a Variance (PLN2006-109) to a required garage setback to allow a single-family addition on property owned by Wayne and Julie Firsty located at 1124 Bent Drive in an R-1-6 (Single Family Residential) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Interested persons may appear and be heard at this hearing. Please be advised that if you challenge the nature of any of the above project in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the City Clerk at or prior to the hearing. Questions may be addressed to the Community Development Department at (408) 866-2140. In compliance with the Americans with Disabilities Act, listening assistive devices are available for all meetings held in the Council Chambers. If you require accommodation, please contact the City Clerk's Office at 866-2117 at least one week in advance of the meeting. CITY COUNCIL .... ~ CITY OF CAMPBELL '--- ANNE BYBEE CITY CLERK PLEASE NOTE: When calling about this Notice, please refer to File No. PLN 2006-109. Address: 1124 Bent Drive. B4/B2/2BB7 11:21 55B21B'37B5 PAGE B1/B1 To; Attn: Anne Bybee City Clerk City of Campbell 70 North First Street Campbell, California 95008 RECEiveD APR '0 2 2007 CllY CLIRK'S QEFIOB Tel# 408 866-2117 Fax# 408-374-6889 (c. ~C5 f\~R2. ~ ':!"j- U \ V/h M0 From: Wayne Firsty and Julie Seltzer Firsty (cell) 408-839-7773 (cell) 408-838-1468 Date: April 2, 2007 Subject: PLN2006-109; 1124 Bent Drive This morning we received from the City Clerk's office, additional documentation that a neighbor had submitted relative to our proposal. We would like the ability to carefully study this new information just provided to us with our architect/consultant and amend our response as appropriate in order to mitigate the issues if any. We are formally requesting a continuance from the April 3 meeting to do so. Thank you 11~ r~ o<t.cA.1t . \10..... ~" ~ u ,~ .-I ~.. ... " c.> ORCH"\l~' CITY OF CAMPBELL Community Development Department November 15, 2006 Wayne & Julie Firsty 1124 Bent Drive Campbell, CA 95008 Re: PLN2006-109 - 1124 Bent Drive - Denial of Variance Dear Applicant: Please be advised that at its meeting of November 14 2006, the Planning Commission adopted Resolution No. 3770 denying your request for a Variance (PLN2006-109) to the required garage setback to allow a residential addition on the above-referenced property. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5 p.m. on Friday, November 24, 2006. However, since this deadline falls on a holiday when City Hall will be closed for business, appeals of this action will be accepted through 5 p.m. on Mondav. November 27. 2006. The time within which judicial review of this action must be sought is governed by Section 1094.6 of the California Code of Civil Procedure, unless another statute (such as California Government Code Section 65009 or some other applicable provision) sets forth a more specific time period. If you have any questions. please do not hesitate to contact me at (408) 866-2140. Sincerely, ~d)1-!.1 Tim J. Haley Associate Planner 70 North First Street . Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.871.5140 . TOO 408.866.2790 RESOLUTION NO. 3770 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL DENYING A VARIANCE (PLN2006-109) TO A REQUIRED GARAGE SETBACK TO ALLOW A SINGLE- FAMILY ADDITION ON PROPERTY OWNED BY WAYNE AND JULIE FIRSTY LOCATED AT 1124 BENT DRIVE IN AN R-1-6 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MR. WAYNE FIRSTY. FILE NO.: PLN2006-109. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2006-109: 1. The proposed project consists of a residential addition of 461 square feet and a garage addition of 288 square foot garage. 2. The proposed building is 3,225 square feet, and the parcel is 8,885 net square feet in area. The Floor Area Ratio (FAR) of the proposed building is .39, where a maximum of .45 is allowable. 3. The proposed residential addition would require approval of a Variance to reduce the garage setback from 25 feet to 18" - 3". 4. Alternative building floor plans could accommodate a building of the similar square footage on the subject property, and meet the required setback. 5. Although other buildings in the neighborhood exist with lesser garage setbacks, these setbacks are nonconforming and were approved in the County's jurisdiction or under prior Zoning Ordinance provisions. This regulation applies equally to all surrounding residential properties, thereby requiring conformity with current regulations. 6. The subject property is comparable in size with other residential properties located in this neighborhood and therefore, there are no exceptional or extraordinary circumstances or conditions applicable to the subject property (Le. size, shape, topography) which do not apply generally to other properties located in this neighborhood and classified in the same zoning district. . 7. In general, the granting of the requested Variance would be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the area by allowing a portion of a driveway apron in the public right-of-way and a garage closer than 25 feet to a street property line. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Planning Commission Resolution No. 3770 PLN2006-109 - 1124 Bent Drive - Denial of a Variance for Garage Setback Page 2 1. The strict or literal interpretations and enforcement of the specified regulation(s) would not result in a practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Zoning Code. 2. The strict or literal interpretations and enforcement of the specified regulation(s) would not deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district. 3. There are no exceptional or extraordinary circumstances or conditions applicable to the subject property (i.e. size, shape, topography) which do not apply generally to other properties classified in the same zoning district. 4. The granting of the Variance will constitute a grant of special privileges inconsistent with the limitations on other properties classified in the same zoning district. 5. The granting of the Variance will be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the area. THEREFORE, BE IT RESOLVED that the Planning Commission denies a Variance (PLN2006-109) to a required garage setback to allow a single-family addition on property owned by Wayne and Julie Firsty located at 1124 Bent Drive Court in an R-1- 6 (Single Family Residential) Zoning District. PASSED AND ADOPTED this 14th day of November, 2006, by the following roll call vote: AYES: Commissioners: Alderete, Ebner, Francois, Gibbons, Rocha and Roseberry None Doorley None APPROVED:~~c.... ~- Bob Alderete, Chair ---"'\ NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: ATTEST: Campbell Planning Commission Minutes for November 14, 2,,\16 Page 2 COMMUNICATIONS There were the following Communications Items: 1. Nine letters regarding Agenda Item No.1. 2. Two letters regarding Agenda Item NO.2. Ms. Jackie C. Young Lind, Senior Planner, introduced Kimberly Brosseau, Planner 11, and Noah Downing, Planning Intern. She then invited Daniel Vanwie, Planning Intern to join her at the podium for a presentation. Chair Alderete read from the Resolution for Daniel Vanwie, listing his projects and accomplishments during his tenure between August and November 2006. Mr. Daniel Vanwie thanked the Commission and staff and said that it has been an honor to work with the Planning Division. The experience was more than he had imagined it would be. It was both fun and a great work experience and he was treated with great respect. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda Modifications or Postponements. ORAL REQUESTS There were no Oral Requests. ... PUBLIC HEARINGS Chair Alderete read Agenda Item No. 1 into the record as follows: 1. PLN2006.109 Firsty, W. Continued Public Hearing (from the Planning Commission meeting of October 24, 2006) to consider the application of Mr. Wayne Firsty for a Variance (PLN2006-109) to a required garage setback to allow a single-family addition on property owned by Wayne and Julie Firsty located at 1124 Bent Drive in an R-1-6 (Single Family Residential) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CECA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Tim J. Haley, Associate Planner Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: . Advised that this item was continued from the Planning Commission meeting held on October 24, 2006, so that staff could verify the specific dimensions of the existing garage. . Said that considerable discussion was held at the October 24, hearing. Campbell Planning Commission Minutes for November 14, 2vJ6 Page 3 . Described the existing garage as 18'6- by 20'6- with an encroachment into the garage by a 2 x 7 closet from an attached denlbedroom. . Described the original garage proposed at 25' wide by 18'3" deep. The revised proposed was reduced to 23'6 deep by 25' wide. . Stated that staff is recommending a smaller garage with the minimum required 20 foot depth and 25 foot width. . Said that staff first recommendation is denial of the applicant's request. However, if the Commission elects to approve the Variance, staff is recommending the reduction to 23-foot depth versus 25 feet. . Reported that a number of correspondence items were received from the surrounding neighbors. Commissioner Gibbons asked for the original garage proposal. Planner Tim J. Haley replied 25 x 25. Commissioner Gibbons asked for clarification of the Variance requested being 6 feet, 9 inches. Planner Tim J. Haley replied that the proposed resulting setback was at 18 feet, three inches instead of the required 25 feet. Commissioner Gibbons asked if the revised proposal results in a 20 foot setback instead of the required 25 foot. Chair Alderete asked the difference between the 6 foot, 9 inch Variance request from last time compared to now. Planner Tim J. Haley replied that it depends on which option is selected. The applicant is requesting a 6 foot, 9 inch addition to his garage. This setback could be reduced to five feet by reducing the deficit setback by 1 foot, nine inches. He said that staff is recommending a 20 foot depth. Chair Alderete opened the Public Hearing for Agenda Item No. 1 Mr. Wayne Firsty, Applicant and Property Owner, · Thanked the Commission for allowing him to present his request. · Said that he listened closely to the issues raised at the last meeting. · Stated that he is not proposing a Variance for five feet. · Provided an exhibit that listed the car widths of many vehicles and reported that sedans on average are 16 feet long. Mini vans are just under 17 feet long. . Added that with a reasonable family size vehicle there is just three feet left in the 20-foot deep garage. With the wall and garage door clearance that is reduced to just two feet. Campbell Planning Commission Minutes for November 14, ~uu6 Page 4 . Pointed out the problems with that little space in emptying out a truck or removing a child from the car. · Said that his request actual results in a 25-foot setback from the public right- of-way. · Suggested that his request is not actually setting precedent as he located 14 houses within a few blocks that have reduced garage setbacks. · Said that he doubts this garage extension would damage neighbors' views, as the impact is almost non-existent. · Added that he is willing to install a nine-foot landscape area to screen for his neighbors. · Reiterated that they don't want to change the character of their neighborhood but rather want to keep it alive. · Said that the Planning Commission should approve his request per his neighbor, Larry Goldberg's letter. Larry is an original owner in this neighborhood who is supportive. · Reminded that this garage would not stick out any more than the house. · Said that they had heard the concerns raised and made changes to address this. · Said that they would be further beautifying the neighborhood by removing some of the concrete in the front yard. · Assured that their remodel would increase values of surrounding houses. · Stated that this meets their needs while retaining the character of the community. Commissioner Ebner said that this request is just about two feet less than the original request. He asked if the Firstys had considered the removal of the projection into the garage, which is a closet in the adjacent den. Mr. Wayne Firsty said that this was not a practical option. Commissioner Ebner said that if they lose that closet they would have a straight wall in the garage. The wall leading into the family room could be reconfigured into a replacement closet for that den. Mr. Wayne Firsty said that there is piping and water there. Chair Alderete said that he recalls from the previous meeting that the Commission might be more inclined to be supportive if the Variance was for two to three feet but it appears to be approximately five feet. He said that the issue has been exhausted. If there is not a way to get to that point, there remains a problem. Mr. Wayne Firsty said that he remembers a four to five foot limit. Chair Alderete said that they could agree to disagree on that point. Campbell Planning Commission Minutes for November 14, ~uu6 Page 5 Mr. Robert J. Williams, Resident on Bent Drive: . Said that he lives next door to the east and has lived there since 1963. . Said that he likes the neighborhood as it is. . Reported that he had delivered a letter to the Commission that was received by the Commission tonight and summarized its contents as follows. The Commission is the finder of facts. It is required to make five findings and his letter outlines two required findings (3 and 4) that cannot be supported. Finding 3 requires the existence of exceptional or extraordinary conditions that do not exist in this case. . Stated that he and his wife have resided in their home for 43 years. They raised their four children in this house. . Said that this request is a frontal attack on the spaciousness of the street and the relation between residences with the neighborhood. . Said that the Planning Commission is the jurisdiction to apply Zoning Ordinances. . Reported that there are CC&Rs in this neighborhood that was built under County jurisdiction that states that any setback is limited to 25 feet. That is the contractual setback. . Reiterated that this is not just a two to three foot Variance but rather a whole frontal assault on the appearance of this neighborhood. . Reminded that the staff recommendation is to limit the Variance to two feet and he could probably live with that. . Expressed confusion that there are findings that have been provided by staff that are the same for both approval and denial of this Variance request and questioned the appropriateness of that. Ms. Carole Williams, Resident on Bent Drive: . Thanked the Commission for the opportunity to speak. . Said that she has lived on Bent Drive since 1963. . Said that at the last meeting the Commission commented on the charm of this neighborhood. . Stated that the neighborhood has gracious setbacks, individuality and charm. . Reported that one neighbor who had signed a letter of support in August didn't see the plan of what was proposed and is no longer supportive. . Said that the proposal for a 27 -foot wide garage creates considerable mass. . Said that if a Variance is granted, a precedent is set and others may ask for the same thing and the charm of the neighborhood would be deteriorated with a loss in property values. . Asked that the Commission not allow this Variance, as there are other options with less of an impact on the neighborhood. . Added that if the decision is to allow this Variance, the applicant should be required to install stakes and tape that gives an accurate depiction of the proposed width and height of this garage. Campbell Planning Commission Minutes for November 14, ~u06 Page 6 Commissioner Gibbons cautioned that one of the other options would be to go to a two-story addition, which might have an even greater impact. Ms. Carole Williams said not necessarily as there is space in the rear yard. She said she hoped that there would not be a two-story as there are no two-story homes on this block. Chair Alderete closed the Public Hearing for Agenda Item No.1. Commissioner Rocha provided the Site and Architectural Review Committee report as follows: . SARC reviewed this request on October 10, 2006, and was not supportive. Commissioner Francois pointed out that a Variance was approved for a house on Cameo with a similar issue although he does not recall how many feet that Variance was for. He said before he says anything further he would like to hear with the other Commissioners have to say. Commissioner Roseberry: . Said that there are the same issues tonight as there were at the last hearing on this request. . Pointed out that he has a 20-foot deep garage and is able to park a Ford F250 truck in that garage. . Said that the Williams have brought good points to the table and that he appreciates their input. . Said that one issue is that a two-story could be an alternative and could be worse. . Said that he cannot bring himself to make the required findings to support this Variance, as this is a similar lot to the others in the neighborhood. . Said that there are some solutions available and that he was looking for a good faith effort on the behalf of the applicant but does not get the sense that this has been done. . Added that reducing the size by one foot, nine inches is not a big deal. . Said that a two-foot Variance that would allow a 23-foot setback instead of the required 25-foot setback is something he could probably support. . Said that he can agree with the issue of massing. . Concluded by saying he would not be supportive. Commissioner Gibbons: . Said that solid points were made and she agrees with Commissioner Roseberry. . Said that the five findings are required to support a Variance. . Reminded that on appeal the Council overturned the decision for denial by the Planning Commission for the Variance on Cameo. Campbell Planning Commission Minutes for November 14, ~vV6 Page 7 . Said that she has a similar issue in her neighborhood that has 30-foot setbacks. Owners have gone to two-story for additions. . Said that on the face of it, she cannot support this request. Commissioner Rocha: . Stated that SARC wrestled with this request. . Added that the fIVe required findings have not been met and he cannot support this Variance. . Said that the character of this neighborhood would be impaired. Chair Alderete said that he is not supportive as it stands. Upon motion of Commissioner Roseberry, seconded by Commissioner Rocha, the Planning Commission adopted Resolution No. 3770 denying a Variance (PLN2006-109) to a required garage setback to allow a single-family addition on property owned by Wayne and Julie Flrsty located at 1124 Bent Drive, by the following roll call vote: AYES: Alderete, Ebner, Francois, Gibbons, Rocha and Roseberry None Doorley None Motion: NOES: ABSENT: ABSTAIN: *** Commissioner Rocha advised that he would have to recuse himself from consideration of the next item as he resides with 500 feet of the project site. He left the dais and chambers for the duration of the item. Chair Alderete read Agenda Item No.2 into the record as follows: 2. PLN2006-64 (GP) PLN2006-85 (ZC) PLN2006-86 (TS) PLN2006-67 (PD) Gera, N. Public Hearing to consider the application of Mr. Nick Gera, on behalf of OBI Construction, for a General Plan Amendment (PLN2006-64) from Central Commercial and Low Density Residential to Low- Medium Density Residential; a Zone Change (PLN2006-65) from R-1-6 (Single Family Residential) to P-D (Planned Development); a Planned Development Permit (PLN2006-67) to allow the construction of 15 new small-lot single family residences and a Tentative Subdivision Map to allow the creation of 15 residential lots and one common lot on property owned by Mr. Nick Gera located at 154 & 160 S. First Street in a P-D (Planned Development) and R-1-6 (Single Family Residential) Zoning District. RESOLUTION NO. 3770 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL DENYING A VARIANCE (PLN2006-109) TO A REQUIRED GARAGE SETBACK TO ALLOW A SINGLE- FAMILY ADDITION ON PROPERTY OWNED BY WAYNE AND JULIE FIRSTY LOCATED AT 1124 BENT DRIVE IN AN R-1-6 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MR. WAYNE FIRSTY. FILE NO.: PLN2006-109. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2006-109: 1. The proposed project consists of a residential addition of 461 square feet and a garage addition of 288 square foot garage. 2. The proposed building is 3,225 square feet, and the parcel is 8,885 net square feet in area. The Floor Area Ratio (FAR) of the proposed building is .39, where a maximum of .45 is allowable. 3. The proposed residential addition would require approval of a Variance to reduce the garage setback from 25 feet to 18" - 3". 4. Alternative building floor plans could accommodate a building of the similar square footage on the subject property, and meet the required setback. 5. Although other buildings in the neighborhood exist with lesser garage setbacks, these setbacks are nonconforming and were approved in the County's jurisdiction or under prior Zoning Ordinance provisions. This regulation applies equally to all surrounding residential properties, thereby requiring conformity with current regulations. 6. The subject property is comparable in size with other residential properties located in this neighborhood and therefore, there are no exceptional or extraordinary circumstances or conditions applicable to the subject property (Le. size, shape, topography) which do not apply generally to other properties located in this neighborhood and classified in the same zoning district. .7. In general, the granting of the requested Variance would be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the area by allowing a portion of a driveway apron in the public right-of-way and a garage closer than 25 feet to a street property line. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Planning Commission Reb~lution No. 3770 PLN2006-109 - 1124 Bent Drive - Denial of a Variance for Garage Setback Page 2 1. The strid or literal interpretations and enforcement of the specified regulation(s) would not result in a practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Zoning Code. 2. The strict or literal interpretations and enforcement of the specified regulation(s) would not deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district. 3. There are no exceptional or extraordinary circumstances or conditions applicable to the subject property (i.e. size, shape, topography) which do not apply generally to other properties classified in the same zoning district. 4. The granting of the Variance will constitute a grant of special privileges inconsistent with the limitations on other properties classified in the same zoning district. 5. The granting of the Variance will be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the area. THEREFORE, BE IT RESOLVED that the Planning Commission denies a Variance (PLN2006-109) to a required garage setback to allow a single-family addition on property owned by Wayne and Julie Firsty located at 1124 Bent Drive Court in an R-1- 6 (Single Family Residential) Zoning District. PASSED AND ADOPTED this 14th day of November, 2006, by the following roll call vote: AYES: Commissioners: Alderete, Ebner, Francois, Gibbons, Rocha and Roseberry None Doorley None APPROVED:~~~ 4 """ Bob Alderete, Chair ......" NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: ATTEST: - ~.O~ . CA-11..o<S\ !::: ~ U r- o 0 ... ... -so.. ~ . c.. O~CH"'''O . ITEM NO.1 CITY OF CAMPBELL' PLANNING COMMISSION Staff Report. November 14, 2006 PLN2006-109 Firsty, W. Continued Public Hearing to consider the application of Mr. Wayne Firsty for a Variance (PLN2006-109) to a required garage setback to allow a single-family addition on property owned by Wayne and Julie Firsty located at 1124 Bent Drive in an R-1-6 (Single Family Residential) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. STAFF RECOMMENDATION That the Planning Commission takes one of the following actions: 1. Adopt a Resolution, incorporating the attached findings, denying a Variance to construct a residential addition with a garage setback of 18' - 3" versus 25 feet, or 2. Adopt a Resolution, incorporating the attached findings, approving a Variance to construct a residential addition with a garage setback of 23 feet versus 25 feet, thus providing a minimum garage depth of 20 feet. ENVIRONMENTAL DETERMINATION Staff recommends that the Planning Commission find that this project is Categorically Exempt under Section 15303(c), of the California Environmental Quality Act (CEQA), pertaining to New Construction of Small Structures. Backaround: This application was continued from the previous Planning Commission meeting of October 24, 2006, so that staff could verify the dimensions of the existing garage. The existing garage has an inside dimension of 18' - 6" x 20' - 6" with an encroachment of a 2' x 7' closet from an adjacent bedroom. These dimensions are depicted in (Attachment No.4). The applicant has submitted a letter indicating that a reduction in the garage depth from their original request from 6' - 9" to 5' - 0" would be acceptable thus resulting in an inside dimension of 23' - 6" (depth) and 25' (width) for the proposed garage, and requiring a variance from 25 feet to 20 feet. If a variance is supported by the Planning Commission, staff would recommend a smaller garage be proposed with a minimum garage dimension of 20 feet (depth) and a 25 feet (width) thus minimizing the requested variance from 25 feet to 23 feet. Staff Report - Planning C,...11mission Meeting of November 14, ....J06 PLN2006-109 - 1124 Bent Drive Page 2 of 4 PROJECT DATA Net Lot Area: Site Utilization Building Coverage: Paving Coverage: Landscaping Coverage: 8 ,085 s.f. 3,225 sJ. 1 ,400 sJ. 3,460 sJ. 39.9% 17.3% 42.8% Floor area ratio (FAR): Allowable: Proposed: .45 maximum .39 Building: Existing: Proposed: 2,476 sJ. 749 sJ. 3,225 sJ. Parking provided: Parking required: 4 2 2 at garage and 2 at driveway 1 covered parking space and 1 uncovered The property is surrounded by the following uses: North: Single-family Residential South: Single-family Residential West: Single-family Residential East: Single-family Residential PROPOSAL The applicant was originally seeking approval of a single story residential addition that requires a variance to the garage setback from 25 feet to 18' - 3". The proposed design would change the orientation of the existing garage from a perpendicular arrangement to a parallel layout that utilizes 10 feet of the public right-of-way for a driveway. The proposed garage entrance would be 28' - 3" from the curb and 18' - 3" from the property line. This neighborhood was developed in the County's jurisdiction with only a rolled curb, and has no sidewalks. The applicant's letter of request is attached. The applicant has identified other garage setbacks within the neighborhood that have less than a 25 foot setback as an attachment to his letter of justification. Additionally, the applicant has provided letters from 4 adjacent neighbors indicating that they do not object to the variance request. The applicant supports his request for the following reasons: 1) It provides a 28' - 3" pavement section for the driveway; 2) It maintains a single story residence where a majority of the homes are single story; 3) It maintains a reasonable rear yard area for his children; Staff Report - Planning Ct..l1mission Meeting of November 14, ~u06 PLN2006-109 - 1124 Bent Drive Page 3 of 4 4) Other residences in the neighborhood have substandard driveway depths; and, 5) A direct driveway approach lessens the amount of paving in the front yard area. Landscaping: The project site plan indicates that approximately 42 percent of the site is landscaped. The proposed revisions would reduce the amount of front yard paving due to a change in the orientation of the garage. Parking: The submitted site plan depicts the provision of 4 parking spaces, where 2 spaces are required. PROJECT SITE The site is developed with a single story residence of 2,476 square feet that covers approximately 30.6 percent of the lot. The proposed addition includes an additional 461 square feet of living area and a 288 garage addition for a total of 749 square feet, resulting in a building area of 3,225 square feet with a 39.9 percent lot coverage. The subject property is located on the south side of Bent Drive between Midway and Moneta. The project site is located in an R-1-6 (Single-family residential) Zoning District, and is shown as a Low Density Residential land use designation on the General Plan. The proposed residence complies with the development standards and use provisions of this zoning district with the exception of the garage setback. ANALYSIS General Plan Desi~nation: The General Plan land use designation for the project site is Low Density Residential (less than six units per gross acre). No change to the project density is proposed. Zonina Desianation: The zoning designation for the project site is R-1-6 (Single-Family Residential). The proposed addition complies with the R-1-6 (Single-Family Residential) development standards with the exception of the garage setback. Section 21.48.040 of the Campbell Municipal Code requires that the Planning Commission make the following findings in reference to a variance request. 1. The strict or literal interpretations and enforcement of the specified regulation(s) would result in a practical difficulty or unnecessary physical hardship inconsistent with the objectives of this Zoning Code; 2. The strict or literal interpretations and enforcement of the specified regulation(s) would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district; ,,- Staff Report - Planning Co. nmission Meeting of November 14, ~\J06 PLN2006-109 - 1124 Bent Drive Page 4 of 4 3. There are exceptional or extraordinary circumstances or conditions applicable to the subject property (i.e. size, shape, topography) which do not apply generally to other properties classified in the same zoning district; 4. The granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zoning district; and 5. The granting of the Variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. There are no exceptional or extraordinary circumstances or conditions applicable to the subject property (Le. size, shape, topography) which do not apply generally to other properties classified in the same zoning district and the neighborhood. Additionally, the applicant could modify the existing bedroom, laundry room and powder room at the rear of the existing garage to provide the minimum 20 foot depth within the existing garage and still provide the require 25 foot garage setback. Consequently, staff recommends denial of the Variance, and revision of the project to comply with the required side yard setback. SITE AND ARCHITECTURAL REVIEW COMMMITTEE The Site and Architectural Review Committee reviewed this application at its meeting of October 10, 2006. The Committee was not supportive of the requested variance. Attachments: 1. Findings for Denial of the Variance (PLN2006-109) 2. Findings for Approval of Variance (PLN 2006-109) 3. Letter from Applicant dated November 2, 2006 regarding adjusted variance request. 4. Original Letter of Request from Applicant dated August 9, 2006. 5. Exhibit of existing garage dimensions 6. Project Plans (Site Plan, Floor Plan, Elevations, and Photos) 7. Location Map ~ , Prepared by: Tim J. Ha , ociate Planner Approved by: J c Attachment #1 FINDINGS FOR DENIAL OF FILE NO. PLN2006-109 SITE ADDRESS: APPLICANT: DATE: 1124 Bent Drive Wayne Firsty November 14, 2006 Findings for denial of a Variance to reduce the garage setback from 25' to 18' - 3" for a proposed attached garage at 1124 Bent Drive. The Planning Commission finds as follows with regard to File No. PLN2006-109: 1. The proposed project consists of a residential addition of 461 square feet and a garage addition of 288 square foot garage. 2. The proposed building is 3,225 square feet, and the parcel is 8,885 net square feet in area. The Floor Area Ratio (FAR) of the proposed building is .39, where a maximum of .45 is allowable. 3. The proposed residential addition would require approval of a Variance to reduce the garage setback from 25 feet to 18" - 3". 4. Alternative building floor plans could accommodate a building of the similar square footage on the subject property, and meet the required setback. 5. Although other buildings in the neighborhood exist with lesser garage setbacks, these setbacks are nonconforming and were approved in the County's jurisdiction or under prior Zoning Ordinance provisions. This regulation applies equally to all surrounding residential properties, thereby requiring conformity with current regulations. 6. The subject property is comparable in size with other residential properties located in this neighborhood and therefore, there are no exceptional or extraordinary circumstances or conditions applicable to the subject property (i.e. size, shape, topography) which do not apply generally to other properties located in this neighborhood and classified in the same zoning district. 7. In general, the granting of the requested Variance would be detrimental to the public health, safety, or welfare or materially injurious to, properties or improvements in the area by allowing a portion of a driveway apron in the public right-of-way and a garage closer than 25 feet to a street property, line. . Based upon the foregoing findings of fact, "the Planning Commission further finds and concludes that: 1. The strict or literal interpretations and enforcement of the specified regulation(s) would not result in a practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Zoning Code. Findings for Denial of Val iance (PLN2006-109) 1124 Bent Drive Attachment #1 Page 2 of 2 2. The strict or literal interpretations and enforcement of the specified regulation(s) would not deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district. 3. There are no exceptional or extraordinary circumstances or conditions applicable to the subject property (i.e. size, shape, topography) which do not apply generally to other properties classified in the same zoning district. 4. The granting of the Variance will constitute a grant of special privileges inconsistent with the limitations on other properties classified in the same zoning district. 5. The granting of the Variance will be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the area. Attachment #2 FINDINGS FOR APPROVAL OF FILE NO. PLN2006-109 SITE ADDRESS: APPLICANT: DATE: 1124 Bent Drive Wayne Firsty November 14, 2006 Findings for Approval of a Variance to reduce the garage setback from 25' to 23' for a proposed attached garage at 1124 Bent Drive. The Planning Commission finds as follows with regard to File No. PLN2006-109: 1. The proposed project consists of a residential addition of 461 square feet and a garage addition of 134 square feet. 2. The proposed building is 3,071 square feet, and the parcel is 8,885 net square feet in area. The Floor Area Ratio (FAR) of the proposed building is .346, where a maximum of .45 is allowable. 3. The proposed residential addition would require approval of a Variance to reduce the garage setback from 25 feet to 23 feet. 4. Alternative building floor plans could accommodate a minimum garage depth of 20 feet on the subject property, and minimize the requested variance setback from 25 feet to 23 feet. 5. Other buildings in the neighborhood exist with lesser garage setbacks. The applicant can effectively provide a driveway depth of 33 feet to the existing curb line. 6. The subject property is comparable in size with other residential properties located in this neighborhood and therefore, there are no exceptional or extraordinary circumstances or conditions applicable to the subject property (Le. size, shape, topography) which do not apply generally to other properties located in this neighborhood and classified in the same zoning district. 7. In general, the granting of the requested Variance would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the area by allowing a portion of a driveway apron in the public right-of-way and resulting in a 33 foot pavement section for the driveway. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The strict or literal interpretations and enforcement of the specified regulation(s) would result in a practical difficulty inconsistent with the objectives of the Zoning Code. Findings for Approval of t &...N2006-109 1124 Bent Drive - Variance Attachment #2 PaQe 2 of 2 2. The strict or literal interpretations and enforcement of the specified regulation(s) would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district. in the surrounding neighborhood. 3. The granting of the Variance will not constitute a grant of special privileges inconsistent with the limitations on other properties classified in the same zoning district. 4. The granting of the Variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the area.