Correspondence - 2009November 4, 2009
Gary Townsend
1350 Peggy Avenue
Campbell, CA 95008
Re: 1181 Steinway Drive
Dear Mr. Townsend,
I received your phone message regarding your understanding of the required
side yard setback. Setbacks are measured from the property line. I have enclosed a
copy of the Santa Clara County Assessor's map for illustration purposes. The solid
black line represents the westerly boundary for the subject property. Property lines are
typically shown as solid lines. The required side yard setback is measured from this
property line. The shaded orange area represents a recorded 15 foot access easement
to provide access to the rear lots. The dashed line represents the boundary of the
easement.
It seems you are measuring the setback from the edge of the easement rather
than the property line. When measured from the westerly property line, the side yard
setback is in excess of 22 feet.
I hope this clarifies how setbacks are measured.
Sincerely,
Kirk Heinrichs
Community Development Director
November 2, 2009
Gary Townsend
1350 Peggy Drive
Campbell, CA 95008
RE: 1181 Steinway Drive
Dear Mr. Townsend,
As a follow up to our phone conversation this morning, you've raised concerns
about the addition to a house at the above address. Please find enclosed copies of the
site plan for the subject property as well as the survey prepared by a licensed surveyor.
You are correct that under the provisions in the San Tomas Area Plan that setbacks,
other than in the R-6 zone, are 10 feet on one side and 8 feet on the other.
The building permit site plan shows a side yard setback of 22' 2" on the east side
and an 8 foot setback on the west side, the side where the addition was built. After a
complaint was filed, a licensed survey was prepared which shows a setback ranging on
the west side from 8.6 feet to 7.7 feet According to the survey. At the northern portion
of the addition for a distance of approximately 12 feet, the set back narrows from 8'0" to
7'8". The four inch variance is considered to be diminutive in nature and
inconsequential.
Having only been the Community Development Director for 7 months, I am not
familiar with the situation with your property. However, I hope I have cleared up any
questions raised with this property.
Sincerely,
Kirk Heinrichs
Community Development Director
cc: City Manager