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Home My WebLink About06-050 Hoang Veranda Variance 09-26-2006 AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: SEPTEMBER 26, 2006 SUBJECT: ATTACHMENTS: RECOMME~N: 1) PROJECT DESCRIPTION: Hoang Veranda Variance (P A 06-050) The Applicant is requesting approval of a Variance to exceed maximum lot coverage of35% by 3.2% for a veranda addition to a home located at 5747 Kingsmill Terrace (APN 985-0035-017) Report prepared by Swathi Boreda, Assistant Planner I) Resolution approving a Variance request to exceed the maximum lot coverage of 35% by 3.2% for a veranda addition to a home located at 5747 Kingsmill Terrace (with the Project Plans attached as Exhibit A) Planning Commission Staff Report dated September 12,2006 (With Attachments) Draft Planning Commission Minutes of September 12, 2006 Public Hearing. 2) 3) Adopt a Resolution (Attachment I) approving a Variance request to exceed the maximum lot coverage of35% by 3.2% for a veranda addition to a home located at 5747 Kingsmill Terrace. The Planning Commission discussed a Variance application to exceed maximum lot coverage of 35% by 3.2% to build a 420 square foot veranda addition to a home located at 5747 Kingsmill Terrace at the public hearing on September 12, 2006. At the public hearing, the Planning Commission heard the Staff presentation, heard testimony from the property owner, the Applicant and the architect of the project. After deliberation and discussion, the Planning Commission considered approval of the project based on the findings that the property has special circumstances relating to its location on a comer lot, the proposed veranda. addition was compatible to the main residence in design and materials; and the proposed veranda addition would have no impacts on adjacent properties with respect to sunlight and privacy (Attachment 3). The Commission took a straw vote 3-1, with one commissioner dissenting (one commissioner absent) and directed Staff to prepare a resolution approving the Variance for Planning Commission review at the September 26, 2006 meeting. The resolution, written in accordance with the Planning Commission's direction, is included as Attachment I to this Staff Report. RECOMMENDATION: Staff recommends that the Planning Commission adopt a Resolution (Attachment I) approving a Variance request to exceed the maximum lot coverage of 35% by 3.2% for a veranda addition to a home located at 5747 Kingsmill Terrace. COPIES TO: Applicant and Property Owner File Page I of2 ITEM NO. G:\PA#\2006\06-050 Hoang Veranda VariancelApproval-PCSR-1.doc 6. \ GENERAL INFORMATION: APPLICANT: PROPERTY OWNER: LOCATION: ASSESSORS PARCEL NUMBER: EXISTING ZONING: GENERAL PLAN DESIGNATION: SPECIFIC PLAN DESIGNATION: Mindy Garrison Decks Plus Inc. 243 Murdell Lane, Livermore, CA Minh Nguyen 5747 Kingsmill Terrace APN 985-0035-017 PD, Planned Development (P A 96-038) Low Density Residential (0.0-6.0 du/acre) Eastern Dublin Specific Plan, Single Family Residential (0.9-6.0 du/acre) Page 2 of2 RESOLUTION NO. 06- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A VARIANCE REQUEST TO EXCEED THE MAXIMUM LOT COVERAGE OF 35% BY :l:: 3.2% FOR A 420 SQUARE FOOT VERANDA ADDITION TO A RESIDENCE LOCATED AT 5747 KINGSMILL TERRACE. (APN 985-0035-017) P A 06-050 WHEREAS, the Applicant, Mindy Garrison of Decks Plus Inc., has requested approval of a Variance application to exceed the maximum lot coverage of 35% by:l:: 3.2% within a Single Family Residential Planned Development Zoning District (PA 96-038) for the property located at 5747 Kingsmill Terrace, where the maximum permitted lot coverage allowed by the Zoning Ordinance is 35% as specified by Dublin Zoning Ordinance (DZO) Section 8.36.020.A; and WHEREAS, the Applicant has requested this Variance in order to add a 420 square foot veranda to the rear ofthe residence (the "Project"); and WHEREAS, the Project has been found to be Categorically Exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15301 since the Project consists of minor modifications to an existing developed lot; and WHEREAS, pursuant to DZO Section 8.112.080, the decision makers for a Variance shall be the Zoning Administrator, Planning Commission, or City Council; and WHEREAS, these decision makers shall hold a public hearing and after the hearing is closed may, based on evidence in the public record and the findings for a Variance approve, conditionally approve, or deny a Variance by means of a Resolution; and WHEREAS, at the discretion of the Zoning Administrator, and in accordance with DZO Section 8.96.020.C.2, decision making authority on this application has been referred to the Planning Commission because of policy implications; and WHEREAS, the Planning Commission did hold a public hearing on said Project application on September 12,2006; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted to the Planning Commission recommending denial of said application; and WHEREAS, the Planning Commission did hear and use its independent judgment and considered all said reports, recommendations, and testimony; and WHEREAS, after discussion and deliberation, the Planning Commission provided Staff with Direction regarding findings for the approval of the Variance application and directed Staff to prepare a Resolution for approval of the Variance application to exceed the maximum lot coverage of 35% by:l:: 3.2%. Attachment 1 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding said Variance: A. There are special circumstances applicable to the property at 5747 Kingsmill Terrace regarding size, shape, topography, location or surroundings; such that the strict application of the requirements of the Zoning Ordinance deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning classification in that: I) the subject property is a comer lot oriented along the northeast- southwest direction that causes the front of the residence, as well as the back of the residence, to be exposed to direct sun during the day; and 2) the proposed veranda will provide some relief from direct sunlight by providing shade and privacy for the enjoyment of the rear yard, without impacting the privacy or availability of light on neighboring properties. B. The granting of the Variance is subject to such conditions that will assure that the adjustment shall not constitute a granting of special privileges inconsistent with the limitations upon other properties in the vicinity and under the identical zoning classification in that: I) the design of the proposed veranda will match the materials, color, texture and detail of the main residence such that the proposed veranda is compatible to the main residence in design and materials; 2) the proposed veranda addition will be located such that it completely fits within the niche of the existing layout of the main residence and will be flush with the rear elevation of the house; 3) the proposed veranda addition will provide an outdoor space that offers privacy and protection from direct sunlight while not impacting the privacy or sunlight on neighboring properties; and 4) the proposed veranda complies with side yard setback, rear yard setback, and height regulations of the Planned Development Zoning District, as it is setback more than 10'-0" from the side property line, approximately 25' -0" from the rear property line and is 13'-4" high . C. The granting of this Variance will not be detrimental to persons or property in the vicinity or to the public health, safety and welfare in that: I) the proposed veranda will be located within the boundaries of the subject property in compliance with setback and height regulations; 2) the proposed veranda will be constructed pursuant to Building and Safety code requirements; 3) the proposed veranda complies with side yard setback, rear yard setback, and height regulations, as it is setback more than 10'-0" from the side property line and approximately 25'-0" from the rear property line; and 4) because of the applicable setback and height limitations, the veranda does not pose any visibility or privacy issues for the neighboring properties. D. The granting of the Variance is consistent with the purpose and intent of the applicable zoning district in that: I) the proposed veranda is compatible with the applicable Planned Development Zoning District (PD) in that: a) it meets the setback and height regulations for the PD; and b) the use is compatible with adjacent land uses as a veranda is customarily associated with single family residences and the proposed veranda is compatible with the architectural design of the residence. E. The granting of the Variance is consistent with the Dublin General Plan and with any applicable Specific Plan in that: I) the proposed veranda does not alter the primary use of the property which will continue to remain and function as a Single Family Residence in accordance with the East Dublin Specific Plan and the General Plan. 2 BE IT FURTHER RESOLVED that the Planning Commission does hereby approve said application (PA 06-050) Hoang Veranda Variance to exceed the maximum lot coverage of35% by 3.2% for a veranda addition not to exceed 420 square feet at 5747 Kingsmill Terrace (APN 985-0035-017). PASSED, APPROVED AND ADOPTED this 26th day of September, 2006 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Planning Manager G:\P A#\2006\06-050 Hoang Veranda Variance\Approval-PC Reso.doc 3 en a:l I <( W ::J ..J 00 o - Q ::') I- tJ) --,~..- ~~ J . @ 'J ~ " ,@ , I I e . .~ . 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H . 0 Jk 9' r I .... . .. .1 I . t 91 . ~.o . -'".1,> "-.J. i5) k '. . .10 \lplf>~ r ' d .11 I, '.h If II · II .. ~6: I' <5.' -, . <> t . . ~<J O'Q DETA\L (II :: I.!ct t lOP v,'(fyV RE{3A1C C AG ~ AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2006 SUBJECT: ATTACHMENTS: RECOMMENDATION: ~ PROJECT DESCRIPTION: Background PUBLIC HEARING: Hoang Veranda Variance (PA 06-050) The Applicant is requesting approval of a Variance to exceed maximum lot coverage of35% by 3.2% for a veranda addition to the house located at 5747 Kingsmill Terrace (APN 985-0035-017) Report prepared by Swathi Boreda, Assistant Planner 1) Resolution denying a Variance request to exceed the maximum lot coverage of 35% by 3.2% for a veranda addition at 5747 Kingsmill Terrace (with the Project Plans attached as Exhibit A) Property Owner's Written Statement Chapter 8.112 (Variance) of City of Dublin Zoning Ordinance 2) 3) 1) 2) 3) 4) 5) Receive Staff presentation; Open the Public Hearing; Take testimony from the Applicant and the Public; Close the Public Hearing and Deliberate; and Adopt a Resolution (Attachment 1) denying a Variance request to exceed the maximum lot coverage of35% by 3.2% for a veranda addition to the house located at 5747 Kingsmill Terrace. The property at 5747 Kingsmill Terrace is located within Dublin Ranch Area A-I and is surrounded by single family homes. The subject lot is zoned PD, Planned Development (P A 96-038). The Land Use and Development Plan for the Planned Development District adopted for Dublin Ranch Area-A (dated October 1997) set forth the land uses and development standards for all seven neighborhoods within Area A, including A-I. The Applicant, Matt Anderson, on behalf of the property owners, applied for a building permit in May 2006 for a 420 square foot veranda addition to the rear of the residence located at 5747 Kingsmill Terrace. During the plan check process, it was determined that the proposed veranda addition would exceed the maximum lot coverage (35%) on the subject property. Since the maximum lot coverage was exceeded, the plan check was denied. The existing house was built at 34.4% lot coverage and has :l:: 60 square feet of additional area before reaching the maximum lot coverage (35%) for the site. Also, one 120 square foot accessory structure is exempt from lot coverage requirements pursuant to Planning Commission Resolution 04-43. Therefore, the Applicant had the ability to build a detached structure of 180.5 square feet and not exceed the lot coverage regulations. ------------------------------------------------------------------------------------------------------------ COPIES TO: Applicant and Property Owner File Page I of5 ITEM NO. 8./ Attachment 2 G:\PA#\2006\06-050 Hoang Veranda Variance\PCSR Final.doc The property owners have chosen to seek approval for a 420 square foot veranda addition to their home at 5747 Kingsmill Terrace which would increase the lot coverage to 38.2%. The Applicant, therefore, is requesting a Variance to exceed the allowable lot coverage. ANALYSIS: The subject property is a comer lot located north of the intersection of Bellerive Lane and Kingsmill Terrace (See figure below). The lot is 10,990 square feet with a 5,807 square foot two-story home and a rear yard of approximately 2,345 square feet. As noted above, the current lot coverage is 34.4%. A 420 square foot veranda addition is proposed to be attached to the rear of the main residence amounting to a 3.8% increase in lot coverage. The proposed veranda is 12'-0"wide, 35'-0" long and 13'-4" high with an inclined tile-clad roof. Kingsmill Terrace 5747 Kingsmill Terrace Figure 1: Location map Pursuant to the Planned Development (PA 96-038) regulations and the Citywide Zoning Ordinance, the following regulations apply to single family residences in this zoning district: 1. 10'-0" minimum side yard building setback for a comer lot; 2. 20' rear yard setback; 3. 35'-0" (2 stories) maximum building height; and 4. 35% maximum lot coverage for two story homes and 40% maximum lot coverage for single story homes (per City of Dublin Zoning Ordinance). The proposed veranda addition complies with side yard setback, rear yard setback, and height regulation, as it is set back 10' from the side property line and approximately 25' from the rear property line; and is 13'-4" in height at the highest point (Exhibit A of Attachment I). However, the veranda exceeds the maximum lot coverage regulations. The Planning Commission adopted a resolution on May 11,2004 (Resolution No. 04-043) to permit one accessory structure up to 120 square feet to be exempt from lot coverage requirements in the Dublin Ranch Phase-I and Area-A Planned Development zoning districts. The Planning Commission acknowledged, through the findings for the allowance of one accessory structure no greater than 120 square feet, that there was no additional development potential allowed in terms of new or larger housing units. The intent of this City-initiated Planned Development Zoning District amendment was to permit Page 2 of5 residents to have at least one shade structure on their property for the enjoyment of their rear yard, especially on those lots in Dublin Ranch where the house itself uses most or all of the maximum development potential of the lot and there is little room left for additional structures to be built within the lot coverage restrictions. Applying the above lot coverage exemption for a 120 square foot detached accessory structure and the :l:: 60 square feet allowable lot coverage remaining on the subject lot, the property owners of5747 Kingsmill Terrace have the ability to construct a 180.5 square foot detached shade structure in their rear yard. However, at this time they wish to construct a 420 square foot veranda addition to their home by requesting a Variance to exceed maximum allowable lot coverage. The property owners' have the opportunity to construct a 120 square foot detached accessory structure on the subject property at any time they chose to do so, pursuant to the Planning Commission Resolution No. 04-043, which allows one 120 square foot detached accessory structure to be exempt from lot coverage regulation. The Dublin Zoning Ordinance allows for deviations from the development standards through a Variance. The decision makers for Variances include the Zoning Administrator, Planning Commission, or City Council. In accordance with Chapter 8.96, Permit Procedures, the Zoning Administrator is referring decision making authority to the Planning Commission because of policy implications. Findings Pursuant to Section 8.112.060 of the Dublin Zoning Ordinance, and in accordance with State law, prior to granting a Variance all five findings of fact must be made. Attachment 3 lists the required findings that shall be made in approving a Variance. Staffs review ofthe Variance application revealed that two of the five required findings could not be made in the affirmative. The two findings and associated discussion are included below. A. There are special circumstances applicable to the properly including size, shape, topography, location or surroundings; such that the strict application of the requirements of the Zoning Ordinance deprives the properly of privileges enjoyed by other properly in the vicinity and under identical zoning classification. The subject property is a comer lot located north of the intersection of Bellerive Lane and Kingsmill Terrace. The lot is relatively flat, rectangular in shape and 10,990 square feet in area with a two story home of 5,807 square feet and a rear yard of approximately 2,345 square feet. The current lot coverage is at 34.4%. Staff finds that there are no special physical circumstances applicable to the property that deprives the property owners of privileges enjoyed by other property owners in the vicinity and under identical zoning classification. The size, shape and topography of the Applicant's lot are commensurate with other properties in the vicinity. B. The granting of the Variance is subject to such conditions that will assure that the adjustment shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and under the identical zoning classification. The granting of the Variance would constitute a granting of special privileges because the rear yard, the size of the home and the size of the lot at 5747 Kingsmill Terrace is commensurate with the rear yards, home sizes of surrounding properties in the vicinity and under the identical zoning classification. The purpose for requesting the increase in lot coverage is for a veranda addition to the house for the enjoyment . which meet the applicable lot coverage regulations is available to the Property Owner; however, it is the preference of the Property Owner to construct a 420 square foot veranda addition at this time. Therefore, the granting of this Variance would be a granting of special privilege. The granting of the Variance would be inconsistent with the lot coverage regulations for the single family residential district (maximum of35%) per the City of Dublin Zoning Ordinance as defined in the Planned Development. Further, the Variance would be inconsistent with the current Planned Development zoning regulations for this district and the approved SDR for the subdivision that established the maximum lot coverage requirements. As mentioned previously in the report, the property owners continue to have the ability to add a 120 square foot detached accessory structure on the subject property at any time, under the accessory structure exemption (Planning Commission Resolution No.04-043). If granted, the Variance for 420 square feet and the additional 120 square feet exemption allowance would, in effect, allow an overall development potential of39.3% lot coverage on the subject property and could result in excessive building cover on the site. NOTICING: In accordance with State law, a public notice was mailed to all property owners and occupants within a 300 foot radius of the proposed project. The public notice was also published in the Valley Times and posted at several locations throughout the City. ENVIRONMENTAL REVIEW: The project is categorically exempt from the California Environmental Quality Act (CEQA), under section 15301 (1) since the project consists of minor modifications to an existing developed lot. CONCLUSION: The Applicant is requesting approval ofa Variance to exceed maximum lot coverage of35% by 3.2% for an addition of a 420 square foot veranda to the rear of the house at 5747 Kingsmill Terrace. Staff recommends denial of the Variance request because there are no special physical circumstances applicable to the property; the subject property is commensurate in shape and size with surrounding properties in the vicinity and the granting of the Variance would constitute granting of special privileges. Therefore, two (of the five) required findings, as contained in the Resolution (Attachment I), could not be made in the affirmative. RECOMMENDATION: Staff recommends that the Planning Commission: I) Receive Staff presentation; 2) Open the Public Hearing; 3) Take testimony from the Applicant and the Public; 4) Close the Public Hearing and Deliberate; and 5) Adopt a Resolution (Attachment I) denying a Variance request to exceed the maximum lot coverage of35% by 3.2% for a veranda addition to the house located at 5747 Kingsmill Terrace. Page 4 of5 GENERAL INFORMATION: APPLICANT: PROPERTY OWNER: LOCATION: ASSESSORS PARCEL NUMBER: EXISTING ZONING: GENERAL PLAN DESIGNATION: SPECIFIC PLAN DESIGNATION: Mindy Garrison Decks Plus Inc. 243 Murdell Lane, Livermore, CA Minh Nguyen 5747 Kingsmill Terrace APN 985-0035-017 PD, Planned Development Low Density Residential (0.0-6.0 du/acre) Eastern Dublin Specific Plan, Single Family (0.9-6.0 du/acre) Page 5 of5 RESOLUTION NO. 06- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN DENYING A VARIANCE REQUEST TO EXCEED THE MAXIMUM LOT COVERAGE OF 35% BY:l:: 3.2% FOR A 420 SQUARE FEET VERANDA ADDITION TO THE HOUSE LOCATED AT 5747 KINGSMILL TERRACE. (APN 985-0035-017) P A 06-050 WHEREAS, the Applicant, Mindy Garrison of Decks Plus Inc., has requested approval of a Variance application to exceed the maximum lot coverage of 35% by :l:: 3.2% within a Single Family Residential Planned Development zoning district (P A 96-038), where the maximum permitted lot coverage allowed by the Zoning Ordinance is 35% as specified by Section 8.36.020.A and ; and WHEREAS, the Applicant has requested this variance in order to add a 420 square feet veranda to the rear of the house; and WHEREAS, the California Environmental Quality Act (CEQA) together with State guidelines and City environmental regulations require that certain projects be reviewed for environmental impact and that environmental documents be prepared; and WHEREAS, the project has been found to be Categorically Exempt from the California Environmental Quality Act (CEQA), according to Section 15301(1) since the project consists of minor modifications to an existing developed lot; and WHEREAS, the decision makers for a Variance shall be the Zoning Administrator, Planning Commission, or City Council; and WHEREAS, these decision makers shall hold a public hearing and after the hearing is closed may, based on evidence in the public record and the findings for a Variance approve, conditionally approve, or deny a Variance by means of a Resolution; and WHEREAS, at the discretion of the Zoning Administrator, and in accordance with Section 8.96.020.C.2, decision making authority has been referred to the Planning Commission because of policy implications; and WHEREAS, the Planning Commission did hold a public hearing on said project application on September 12,2006; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted to the Planning Commission recommending denial of said application for the reasons described below; and WHEREAS, the Planning Commission did hear and use its independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding said Variance: Attachment 1 A. There are no special circumstances applicable to the property at 5747 Kingsmill Terrace regarding size, shape, topography, location or surroundings such that the strict application of the requirements of the Zoning Ordinance deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning classification. The shape of the rear yard and the property itself is standard rectangular, similar in shape and size to adjacent lots in the vicinity. The property would not be deprived of the privilege enjoyed by other properties in the vicinity as a detached shade structure/accessory structure can be located in the year yard in accordance with the Zoning ordinance. B. The granting of the Variance would constitute a granting of special privileges because the rear yard, the size of the home and the size of the lot at 5747 Kingsmill Terrace is commensurate with the rear yards, home sizes of surrounding properties in the vicinity and under the identical zoning classification. The purpose for requesting the increase in lot coverage is for a 420 square foot veranda addition to the house for the enjoyment of their rear yard. However, the option of having a detached shade structure of up to 180 square feet in the rear yard while meeting applicable lot coverage regulations is available to the property owner. BE IT FURTHER RESOLVED that the Planning Commission does hereby deny said application P A 06-050 Hoang Veranda Variance to exceed maximum lot coverage of35% by 3.2% for a veranda addition to the house located at 5747 Kingsmill Terrace (APN 985-0035-017). PASSED, APPROVED AND ADOPTED this I ih day of September, 2006 by the following vote: AYES: NOES: ABSENT: ABSTAIN :. Planning Commission Chair ATTEST: Planning Manager G:\PA#\2006\06-050 Hoang Veranda Variance\PC Reso.doc 2 AUG-21-2006 16:26 FROM: TO: 4491641 P.l To whom it may concern, In regards to the proposed addition at 5747 Kingsmill TelTliCe, Dublin California, we request a variance (minor exception) to pennit the construction of our outdoonoom. We feel the proposed addition will enhance our existing home by providing a sheltered area from the excessive prevailing winds and strong sun. This will also help with energy conservation. This structure complements the existing borne and fits well with the design elements of the neighborhood. This is an open air design with exception to the roof and has only five (5) columns. We feel that this is not a special privilege, but an obvious necessity. This design will; 1. Match the color, texture, materials and design details of our home 2. Complement without overpowering the existing structw'e in fonn and scale In summation, our goal is that this proposed addition would seamlessly blend with the original architects' vision and that you grant our request to move forward with this project. It has been observed and recorded that many of the surrounding residence/neighbors have already constructed similar structures with or without the benefit of a permit (see attached photos with addresses). We would like to build a legal structure. Thank. you the this consideration, Sincerely, Minh Nguyen And Lien Hoang II M rn hm tfI"/~ ~!~ RECEIVED AUG 2 22006 DUBLIN PLANNING ~.CXD Attachment 2 VARIANCE Chapter 8.112 VARIANCE CHAPTER 8.112 8.112.010 8.112.020 Purpose. The purpose of this Chapter is to establish a procedure to provide relief from the strict application of specified development regulations of the Zoning Ordinance if certain findings can be made. Applicability. A Variance may be granted from the requirements of this Ordinance for only the following matters: A. Dimensional Standards. Dimensional standards relating to the distance between residences, lot coverage, landscaping and fencing, lot dimensions, setbacks, and structure heights. B. Sections 8.76.080 through 8.76.090 of the Off-Street Parking And Loading Regulations. C. Sign Regulations Other Than Prohibited Signs. D. Location Requirements of Adult Business Establishments. 8.112.030 8.112.040 8.112.050 8.112.060 Use Variance Prohibited. A Variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel or property. Application. The Applicant shall submit a complete application pursuant to Chapter 8.124, Applications Fees and Deposits, accompanied by a fee and/or deposit and such materials as are required by the Director of Community Development. Notice and Hearings. Variance applications shall be considered at a public hearing with notice pursuant to Chapter 8.132, Notice and Hearings. Required Findings. The following findings shall all be made in order to approve a Variance: A. There are special circumstances applicable to the property including size, shape, topography, location or surroundings; such that the strict application of the requirements of the Zoning Ordinance deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning classification. B. The granting of the Variance is subject to such conditions that will assure that the adjustment shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and under the identical zoning classification. 112-1 City of Dublin Zoning Ordinance September, 1997 " Attachment 3 VARIANCE Chapter 8.112 C. The granting of the Variance will not be detrimental to persons or property in the vicinity or to the public health, safety and welfare. D. The granting of the Variance is consistent with the purpose and intent of the applicable zoning district. E. The granting of the Variance is consistent with the Dublin General Plan and with any applicable Specific Plans. 8.112.070 Required Findings, Exception. Notwithstanding the [mdings in Section 8.112.060 above, a variance may be granted from the Off-Street Parking and Loading regulations for non-residential developments in order that some or all of the required parking spaces be located off-site, or that in-lieu fees or facilities be provided instead of the required parking spaces, ifboth of the following [mdings are made: A. The variance will be an incentive to, and a benefit for, the non-residential development. B. The variance will facilitate access to the non-residential development by patrons of public transit facilities, particularly guideway facilities. 8.112.080 Action. The decision-makers for Variances shall be the Zoning Administrator, Planning Commission, or City Council. These decision-makers shall hold a public hearing and after the hearing is closed may, based on evidence in the public record, and the findings above, approve, conditionally approve, or deny a Variance by means of a resolution. A Variance shall not be used to modify another Variance. If any of the [mdings required above cannot be made, the Variance shall be denied. 8.112.090 Restoration of structure and/or use to conformity with the Zoning Ordinance. If a structure is modified and/or a use commenced prior to requesting a Variance in such a manner as to make the structure or use in violation of the Zoning Ordinance, and the Variance is denied, the structure shall be physically modified by the applicant within six months of denial and with a valid Building Permit and/or the use discontinued or modified so that the structure and/or use conforms with the requirements of the Zoning Ordinance. 8.112.100 Effect of Approval. Variances are approved only as specifically identified in the . written approval and do not affect or suspend any other development regulations. 8.112.110 Procedures. The procedures set forth in Chapter 8.96, Permit Procedures, shall apply except as otherwise provided in this Chapter. City of Dublin Zoning Ordinance September, 1997 112-2 DRAFT DRAFT Planning Commission Minutes CALL TO ORDER/ROLL CALL A regular meeting of the City of Dublin Planning Commission was held on Tuesday, September 12,2006 in the Council Chambers located at 100 Civic Plaza. Vice Chair Wehrenberg called the meeting to order at 7:08 p.m. Present: Vice Chair Wehrenberg, Commissioners Biddle, Fasulkey and King; Jeri Ram, Community Development Director; Mary Jo Wilson, Planning Manager; Diane Lowart, Parks & Community Service Director; Swathi Boreda, Assistant Planner; and Rhonda Franklin, Recording Secretary. Absent: Chair Schaub ADDITIONS OR REVISIONS TO THE AGENDA - NONE MINUTES OF PREVIOUS MEETINGS The August 22, 2006 minutes were approved as submitted. ORAL COMMUNICATIONS - NONE CONSENT CALENDAR - NONE WRITTEN COMMUNICATIONS 7.1 CIP General Plan Conformance for Historic Park Vice Chair Wehrenberg asked for the Staff Report. Ms. Diane Lowart, Parks & Community Service Director, discussed the specifics of the project as outlined in the Staff Report. Cm. King asked about the status of the Planning Commission recommendation to include 3 additional parcels into the Dublin Village Historic Specific Plan area. Ms. Mary Jo Wilson, Planning Manager, explained that Staff is currently preparing a City Council Staff Report to initiate the inclusion of the 3 additional parcels. Vice Chair Wehrenberg opened the public hearing. Hearing none, Vice Chair Wehrenberg closed the public hearing. On a motion by Cm. Biddle, seconded by Cm. King, and by a vote of 4-0-1, with Chair Schaub absent, the Planning Commission adopted: Pfonning Commission qq:gular "'>feeting 101 Septern6er 12, 2006 Attachment 3 DRAFT DRAFT RESOLUTION NO. 06 - 37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN FINDING THAT THE INCLUSION OF THE DUBLIN HISTORIC PARK ACQUISITION PROJECT TO THE 2006-2011 CAPITAL IMPROVEMENT PROGRAM (CIP), OF THE CITY OF DUBLIN IS CONSISTENT WITH THE GENERAL PLAN AND THAT THE ACQUISITION OF THE DUBLIN SQUARE SHOPPING CENTER (APN 941-1560-007-01) IS CONSISTENT WITH THE GENERAL PLAN PUBLIC HEARINGS 8.1 Hoang V eranda Variance (P A 06-050) - The Applicant is requesting approval of a Variance to increase the allowed lot coverage from 35% to 38.2% for a 420 square foot veranda addition. Vice Chair Wehrenberg asked for the Staff Report. Ms. Swathi Boreda, Assistant Planner, presented the specifics of project as outlined in the Staff Report. Cm. King asked about other homes in the neighborhood that have built similar structures without proper permits. Ms. Boreda explained that homes in the area were built with varying lot coverage that, in some cases, met or exceeded the allowable lot coverage. She further explained that the Planned Development for the area does not specify allowable lot coverage; therefore, Staff referred to the Zoning Ordinance which limits lot coverage to 35% for this property . Vice Chair Wehrenberg asked how many lots were included in the Planned Development. Ms. Mary Jo Wilson, Planning Manager, stated that the Planned Development consists of several hundred homes. Cm. Biddle asked about the definition of lot coverage. Ms. Boreda explained that lot coverage consists of all roofed structures on the lot; pools and spas would not be included in lot coverage. Ms. Wilson recounted other items that would not be included in lot coverage as described in the Zoning Ordinance. Vice Chair Wehrenberg sought clarification on what could be built on the project lot. Ms. Boreda explained that the Applicant could build a 180 square foot detached shade structure on the lot. Vice Chair Wehrenberg asked about the origins of the 35% lot coverage limit. Ms. Wilson explained that lot coverage limits are a standard development regulation put in place to maintain adequate setback areas, parking, and landscaping; including adequate openness, light and air-flow between properties. (pfanniNfI Commission 1I.rgu&lr ~';feetinfJ 102 Septem6er 12, 20IJ6 DRAFT DRAFT Cm. King asked about the definition of a detached structure. Ms. Boreda explained that a detached structure should not be structurally attached nor supported by the main residence. Cm. King asked about the definition of a covering for a structure. Ms. Wilson explained that the Zoning Ordinance does not define the percentage of cover that constitutes a covered structure. Cm. King asked if the proposed addition would face the sun. Ms. Boreda pointed out the compass points on the diagram. Cm. Biddle asked if this project would be considered a Variance if the Applicant was constructing an uncovered concrete patio, and Ms. Boreda said no. Vice Chair Wehrenberg opened the public hearing. Mr. Matt Anderson, Owner of Decks Plus, spoke on behalf of the Homeowner and discussed his reasons for having the project approved. Mr. Mike Hopkins, Owner of Iron Horse Design, spoke on behalf of the Homeowner and discussed his reasons for having the project approved. Vice Chair Wehrenberg asked if a cooking area would be included in the proposed addition. Mr. Hopkins said no and explained that the proposed addition would be to extend the dining area. Cm. King asked if the Applicant had explored alternative solutions for a detached structure. Mr. Hopkins said no and explained that due to the limitations of the yard, the proposed addition should be attached to the main residence. Mr. Minh Nguyen, Homeowner, discussed his reasons for having the project approved. Cm. Fasulkey asked if there was any response from the neighbors on the project. Mr. Nguyen presented 2 letters from neighbors in support of the project. Letters from Mr. Ric Cruz and Mr. Gregory B. Oliver were presented to the Planning Commission. Vice Chair Wehrenberg asked if the Homeowner was aware of the lot coverage restrictions when the home was purchased, and Mr. Nguyen said no. Cm. King asked if other homes in the area have a similar design at the back of the house, and Mr. Nguyen said yes. Cm. Biddle stated that while he likes the concept and design of the project, perhaps Staff should consider modifying the 35% limit on lot coverage in order to accommodate this and future similar applications. Hearing no further comments, Vice Chair Wehrenberg closed the public hearing. (P[anning Commission 1/.rgnflr'i.teetinE 103 Scptem6er 12, 2006 DRAFT DRAFT Cms. Biddle and Fasulkey expressed concerns that a decision on this application could set a precedent for future similar applications. Ms. Wilson stated that future applications should be treated individually and acted upon without the influence of prior decisions. Vice Chair Wehrenberg commented that the overall design is nice and fits in well with the neighborhood. Ms. Wilson explained that the Planning Commission could make findings based on special circumstances to support approval of the project. Cm. Fasulkey asked if the findings made on this project would be precedent-setting for future decisions on similar applications. Ms. Wilson stated that the findings could lead other homeowners to apply for similar applications based on similar property assessments. Cm. Fasulkey asked about the number of Variance applications that have been denied by Staff. Ms. Boreda stated that in the past 8-10 years there have been approximately 5 Variance applications; 3 denied and 2 approved. Cm. King asked about the origin of the findings that have to be made for Variance applications. Ms. Wilson explained that the findings are derived from State law. Vice Chair Wehrenberg sought clarification on what constitutes granting a Variance. Ms. Wilson stated that special circumstances could include limited space for the addition and the Homeowner's desire for privacy and a protected area. Vice Chair Wehrenberg asked if neighbors within a 300-foot radius of the project were notified, and Ms. Wilson said yes. Cm. King asked if other homes in the area have a similar design at the back of the house, and Ms. Boreda said yes. The Planning Commission discussed options for making findings in support of the project. Ms. Wilson summarized that the Planning Commission appeared to be moving toward approving the project based on the findings that the property has special circumstances relating to its location on a comer lot, the design of the home, and that the proposed addition would have negligible impacts on adjacent neighbors. Cm. Fasulkey pointed out that there were no neighbors present at the public hearing opposing the project. Cm. Biddle stated that the project is not special enough to warrant a Variance. He stated that the house was built and purchased as it is and other neighbors have the same type of lot coverage limit. He suggested that the lot coverage limit be amended for that Planned Development to accommodate future similar requests. Cm. Fasulkey stated that his reasons for approving the Variance are: 1) the adjacent owners are un-impacted by the proposed addition, 2) the neighbors are in support of the project, 3) the proposed addition does not create a light and/ or shadow differential for the adjacent neighbors, and 4) the project is located on a comer lot. (P{anning Commission 1I.f{/u!lr 5'4eetiTlfJ 104 Septem6er 12, 2006 DRAFT DRAFT Vice Chair Wehrenberg stated that her reasons for approving the Variance include the right of residents to take advantage of their backyard space. Cm. King stated that his reason for approving the Variance includes the special circumstance of the "L" shaped architecture at the back of the house. On a motion by Cm. Fasulkey, seconded by Vice Chair Wehrenberg, and by a vote of 3-1-1 with Cm. Biddle opposing and Chair Schaub absent, the Planning Commission voted to direct Staff to prepare a resolution of approval for the Variance request. Ms. Wilson explained that Staff would draft a resolution approving the Variance request and present it to the Planning Commission at its next meeting. NEW OR UNFINISHED BUSINESS Cm. Biddle asked for status on the commercial development project at the intersection of San Ramon Blvd and Alcosta Boulevard. Ms. Wilson explained that limited progress had been made on the project and further stated that Staff continues to work with the developers on the project. Cm. King stated for the record that a California King snake was found on Brittany Lane. OTHER BUSINESS 10.1 Brief INFORMA nON ONLY reports from the Planning Commission and/or Staff, including Committee Reports and Reports by the Planning Commission related to meetings attended at City Expense <AB 1234). The Planning Commission did not have any items to report. ADJOURNMENT - The meeting was adjourned at 8:06 p.m. Respectfully submitted, Vice Chair Wehrenberg ATTEST: Planning Manager J'{anning Commission 'firgufar'Meeting 105 Septem6er f2, 2()()6