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AgdaPkt 2003-06-23
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AgdaPkt 2003-06-23
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Last modified
6/2/2011 2:45:19 PM
Creation date
6/19/2003 1:23:43 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Agency Type
City Council
Date
6/23/2003
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q.A -g <br />Ordinance regulations. In this particular case, the planner on duty consulted the Zoning <br />Administrator while the applicant's architect waited at the counter. From the earliest <br />encounter, staff advised the architect that this did not appearto be a reasonable variance <br />request. Throughout the review process, staff also provided the appellant with multiple <br />opportunities to withdraw the application with a full refund, however, the appellant sought to <br />proceed without a poroitive staff recommendation. Planning staff makes every attempt to <br />provide consistent advice and clear code information and interpretation. Staff meets weekly <br />with the Zoning Administratorto discuss these types of applications and Zoning Ordinance <br />interpretations to make sure all staff members are "on the same page." The Zoning <br />Administrator is also available to consult with staff throughout the day and at the counter <br />when needed. <br />Homeowner's Association Review: <br />Homeowner's Association review is an important step in the design development process <br />for properties in Homeowner's Associations. The review is very helpful to Planning staff in <br />that the Homeowner's Association is very familiar and comfortable with the architectural <br />context of their area. The proposed plans were reviewed and approved by the <br />Homeowner's Association. However, Homeowner's Association review and approval does <br />not indicate zoning conformance. It is not uncommon for Homeowner's Associations to <br />approve designs based on their architectural merit that do not conform to the Zoning <br />Ordinance standards. This is not the Homeowner's Association purview and staff works <br />with applicants to resolve conflicts with City codes and ordinances. <br />Previous Variances: <br />The Zoning Administrator has consistently applied the requirements of the Zoning <br />Ordinance to all projects brought before her. Where the physical conditions of the property <br />prevent projects from complying with the Zoning Ordinance specific findings have been <br />prepared identifying the unique circumstance(s) that cause hardship to the property to <br />justify the authorization of a variance; thereby, ensuring that a consistent administrative <br />record has been established. Furthermore, as previously stated, neither the previous, nor <br />the current Zoning Administrator has granted any variances for flat parcels of standard <br />shape and size that back up to open space according to research back to 1997 <br />(Appellant's Issue F, Other Variances). <br />The appellant's letter made specific mention of a variance granted for 615 Teredo Drive in <br />1998, citing similarities between the appellant's variance request and the findings of this <br />previous variance. In short, the findings of the variance for 615 Teredo Drive stated the <br />property is irregular in shape (58' frontage, 86.16' rear lot line, and 100' depth) resulting in <br />a 20 foot rear yard setback for the south side of the residence and a 15 foot rear yard <br />setback for the north side of the residence. The findings also made reference to the <br />location of the Mariner Park, the existence of mature trees, and the previous development <br />pattern with reduced setbacks. (Reference Attachment 3). <br />Staff has considered the findings of this previous variance with respect to the appellant's <br />request and is still of the opinion that the appellant's variance request cannot meet the <br />required findings as set forth in the Zoning Ordinance. Furthermore, staff and the current <br />Zoning Administrator have had the opportunity to visit 615 Teredo Drive to reference the <br />implementation of the aforementioned variance. As a result, staff position not to support <br />the variance request has been reaffirmed. Despite the proximity of nearby mature trees <br />and irregular lot shape, the bulk and mass of this two -story addition with a fifteen (15) foot <br />
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