HomeMy WebLinkAboutRESO7509• •
RESOLUTION NO. 7509
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
REVERSING THE ZONING ADMINISTRATOR'S DECISION TO
APPROVE A VARIANCE (94-V-18) AT 1475 STANFORD
AVENUE TO ALLOW A NEW TWO-STORY SINGLE-FAMILY
HOUSE TO ENCROACH WITHIN A TWENTY-FIVE FOOT
SETBACK, AND SUSTAINING THE APPEAL THEREOF
The Council of the City of Palo Alto does hereby RESOLVE as
follows:
SECTION 1. Procedural Background and Statement of Facts.
In November 1994, Mr. Mark Migdal ("applicant") applied for a
variance to permit construction of a new two-story single-family
home located on a corner lot at the intersections of Columbia and
Stanford Avenues, with a street address of 1475 Stanford Avenue.
The variance application sought permission to construct the house
within 11 feet of the Stanford Avenue setback line, with the porch
encroaching to within 6 feet. The Palo Alto Municipal Code
requires a 25 foot setback in this location. On January 19, 1995,
the Zoning Administrator conducted a public hearing and approved
the variance, as modified to permit the house within 21 feet of the
setback line and the porch within 16 feet. The decision was
appealed to the Planning Commission by the applicant and Mr. Robin
Clark. On April 26, 1995, the Planning Commission reviewed the
appeal and recommended that the City Council uphold the decision of
the Zoning Administrator, subject to an added condition requiring
architectural review of the home.
On May 15, 1995, the matter came before the City Council.
Several Council Members disclosed that they had visited the site or
had contacts with the applicant or appellant prior to the public
hearing. The Council then heard testimony from 14 interested
parties.
SECTION 2. Analysis and Findings. Unless specifically set
forth otherwise below, the Council has determined that the
witnesses and documentary evidence relied upon are credible and
competent with respect to the facts asserted, and that the facts
asserted are not speculative. Having reviewed and considered the
information contained in the staff reports, minutes, letters and
other documents included in the record of proceedings before the
Zoning Administrator and Planning Commission, and having conducted
a public hearing at which time 14 interested parties were given an
opportunity to be heard and present evidence for and against the
proposed variance, the City Council hereby makes the following
findings based upon the testimony and evidence contained in the
record of proceedings and received during the public hearing:
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a. There are no exceptional or extraordinary circumstances
or conditions applicable to the property involved that do not apply
generally to property in the same district for the following
reasons:
1. The 50 foot lot width of the subject site was
created by the applicant through a lot line adjustment procedure
immediately before seeking a variance, with full knowledge that a
variance would be needed to encroach into the required setback. A
50 foot lot is neither exceptional or extraordinary in Palo Alto,
particularly in the College Terrace area which has numerous small
lots and cottages.
2. The applicant's conduct created the hardship he now
claims.
3. The 25 foot setback applies to all lots facing
Stanford Avenue, and does not unduly burden this site. Many City
regulations affect the build -ability of up to 50% of a lot.
b. The granting of the application is not necessary for
the preservation and enjoyment of a substantial property right of
the applicant, nor is it necessary to prevent unreasonable property
loss or unnecessary hardship because the setback will not prevent
development of a home of the maximum floor area ratio otherwise
permitted in the zoning district and because the applicant created
the claimed hardship. Moreover, there remain numerous lot
configuration alternatives open to the applicant which would not
result in a "narrow" house due to the setback.
c. The granting of the application will be detrimental or
injurious to property or improvements in the vicinity and will be
detrimental to the public health, safety, general welfare, and
convenience because the 25 foot setback is an amenity which
uniformly benefits and burdens all properties located on Stanford
Avenue. Construction of a house encroaching into the setback will
result in a loss of uniformity and consistency in the streatscape,
and will further subject the future residents to potentially
annoying or harmful noise from Stanford Avenue traffic.
d. As an alternative and independent basis for reaching
the decision set forth below, the Council further finds and
determines that the applicant has failed to meet his burden of
proof with respect to the findings set forth above in that the
applicant failed to submit persuasive and credible subs.antial
evidence that the proposed variance would meet the required
findings.
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e. The Council finds that each of the considerations and
findings set forth in this Resolution separately and independently
constitute substantial evidence and independent grounds in support
of the decision set forth below.
,SECTION _,. Statement of Decision. Based upon the
foregoing findings, and the findings and evidence set forth in the
staff reports and record of proceedings, the City Council hereby
denies the above -referenced variance application.
INTRODUCED AND PASSED: June 5 , 1995
AYES: ANDERSEN, FAZZINO, HUBER, KNISS, MCCOWN, ROSENBAUM, SCHNEIDER, SIMITIAN,
WHEELER
NOES:
ABSTENTIONS:
ABSENT:
ATTE
lerk
APPRO
APPROVED:
Mayo
Ci•y - ager
C to " orney Director of Planning &
Community Environment
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