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Home My WebLink About0617.000• 4 Dec"r 13, 1990 HONORABLE CITY COUNCIL Palo Alto, C.llforn1a . ,-. "~"".'" .. i :. '-, APPEALS OF THE ZONIHG ~DMINISTRATOR'S DECISION TO APPROVE A VARIANCE AT 330 WEST CHARLESTQH ROAD lllembers of the Cotlnctl: . .:..:" At the meeting of November 28, 1990, the Planning Commission, (S to 2 vDte, Com.issioners Beecha~ and Hirsc~ dissenting) recommended t~at the City Council uphold the dec1s'." of the Zoning Admin1strator and deny two appeals of • yariance granted at 330 West Charleston. The variance would allow an exfstfng, legal attached storage rOGm J located 9.S feet from the rear property lfne where 20 feet would otherwise be the mini~m required, to be used as hab1t.~le space. The fwll descript10n of the proposed project is contained io the attached Plann1ng Commission staff report date~ Noyember 9, 1990. M1nutes of the Planning Commission disc~ss;or; on November 28, 1990 ife included in: the Cit] Council packet of December 13, 1990. Recognendati on: Staff recommends that the City Counc,l adopt the recommendation of the Pllnn1ng Comm1ssion to deny the appeals, thereby upholding the dec1s!on of the Zoning AdmiBlstrator to approve the req~ested variance. based on the following find1ngs and conoit1ons. flndiogs l~ There are exceptional or extri~rdinary C1Tcumstances or conditions applicable to the pr~perty involved that do not apply generill, to property in the same district i~ that the lot is located on West (harlestOD Road, an arterial road, whic~ is more heavily tr~velled than typical 5in91e-f~il, residential streets. Tne exi~tfng storage area was constructed without benefit of proper permit. but later obtained a •• r1ance and building permit in 1981 whit. le9.1ize~ the phys1c,l addition but restricted the use of t~e additton to storage; 2. The g'r'anting of the application 1:; nec-es!;ar.l fOT the preservation and enjoyment of a substantial property right of the applicant, and to prevent ~nrea$onable property 105s or ~~necessary ~ardshfp in that the property owner wants t~ upgrade the structure for ~se ~s a master bedroo. and ~&prove its p~sical appearance as well as its structural CMR:617:0 • lntegrity. The conformfng option of removing the exist.ing addition and construtting an addition to the front of the residence or as a secon~ story WQuld place t~e master bedro~m close to the noise and fumes of West Charleston, and/or wo~ld compromise the archttecturil integrity of the main living area of the Eich1er-style reside~ce. It ~~~ld also sUbstantial11 increase the cost of the project; and 3. The granting of the ap~l'cat;on will not be d€tri~€ntal or i~jur1~u~ to property or improvements in the vicinity in that the physical impacts of the structure, t~e primar~ co"te~n of most neighbors, ~re penmitt€d in 198] when the original v'.Iriance and building p€rmit we're granted. The majority of the a~dition ~ould be allowable under Section la.sa.OgO (e). Tile negative s;,ace can be e1im~nited by the conditions which requirE co~structfon of a n~w fence and scree" planting. Conditions 1. The applfcant shaH cOrlstruct a new 7·foot-nigh fenc€ aiong: the entire rear and side yard property lines prior to issuante of building permits. The design and constructlon of tne fence shall me~t the satisfaction of the Zoning Administrator, after consultation wi th the property owner .at 331 Carolina Way. 2. The applicapt shall install screen plantings a10n9 the rear property line prior to finalization of bui1ding permit. A plan for the landscaping shall meet the satisfaction of the lo~;ng Administrator, after consultation with the property owner at 331 Carolfna Way. 3. The ext~rfor Df the struct~re shall be pai~ted and finished to ~atc~ the remalnder of the existing residence prior to f;nali;ution of the building pernit, to the satisfaction of the Zonhlg Administrator. 4. The applicant shall be subject to all applicable building 4!rn:i fire code requireeents in converting the storage ~oorn to habitable space. Respectful1y submitted, -,V;.J-W h NANCY lVT A achraents: CMR:617;O "' \cmo'\charl es :t:JWd/ f./ckk KENNETH R. S~HREIBEa ? Director of Planning and Community Environment staff report of Hcvember 9, 199~ and all attachments Submittal from Steve Jeske dated received November 7, 1990 (photographs to Council Members only) 11/13/90 Page 2 ... I • ce: Ste¥en Jeske, 330 West tn!rleston ROid, Pllo Alto, t4 94306 Rickie Aoberts, 331 C.rolfno Lane, P.lo Alto, CA 94306 Je." Ol.stead and "Illy Cavi" 240 West Charleston Road, Pal. Alto, CA 94306 CIIR:6J7:0 a: \car\charl es 12/13/90 Page 3 TO: 'ALO ALTO PUIIUII& COIIIII5SIOil PRtPAREll SY: IWICY LYTLE FILE NO,: go-f-Zl DATE: NOYEllBEIt t. 1990 PROJECT INFPRHATlQN lqciti9n : Apolica nt : Property Owner: APpellants: RtQuested Action: paj!JECT SU!!lW!I 330 Vest Charleston Road "'0 Alto, CA 94306 Ste.en Jeske 330 Vest Charleston Road Palo Alto, CA 94306 Steven Jeske 330 West Charleston Road Palo Alto, CA 94306 Rickie Roberts 331 Carolina L,ne '.10 Alto, CA 94306 Jean Ol .. ted and Milly Dav;, 240 West Charl.ston Road Palo Alto, CA 94306 That the Pl.nnlng Commission rec~nd that the City Council deny both appeals of the Zoning AdofRi,trltor's decision to grant the subject varfanee, based on the findings and conditfons cor.tafned iA this report. On June 29, 1990~ t~e applicant f~led a request for a variance to convert to livfng area an attached storage rOO8 it the rear Qf the ~xist1ng residence. The storage roo. was orfgi"al1y constructed illegally, but retroact{vely granted a variance for intrusion .. ir1to the rear setback on June 18, 1981. A retroactl'e building permit was granted on June 3D, 1981. These permits re.stricted the use of H.e structure to stGr.a9e-~ Froll the outside of the structure, the storage room appears tD be part ~f the mafn res1dence, although there is no interior connection to the living area of the residence. The 20nfng ~i~istrator, ift~r three hours of public hearings and four field trips to the site, granted the •• rlance based on findings cootlined 10 this repDrt~ The decisfo" was appealed fA two separate applfcations. onE on Je.kepc/ol 11/09/90 -I- October 12, 1990 by the reir-adjac~nt prop~rty owner mo~t affected by tne decision, Mrs. Rickie Roberts; and the second on Cctober 15, ]990 by r.~lg~bors on the same blockface~ Jean 01~sted and Milly Davfs, for reasons outlined i~ their .ppe.' submittals (att.cned). W:DII!!EIIlED ACTION Staff recommends that the Planning Commission recommend City (Duncil d~niil of both appeals, t~ereb~ upholding the decision of the Zoning Adrnin1~trator to approve the subject variance to c~nvert ex1st-ing storage area to Hving area, based on findings and conditions ccntained in t~is rep~rt. SITE IIIFOWTlO!! Parcel Sj2e: Assessor'$ Parcel RUBber: £!iltfnq Zoning: Ca.prEhensive Plan rJe$fgnatfQn; Density: [xtstfng Land Use: Surroundjng Land USe! Hlstgry: 6041.75 square feet 132-45-79 R-I Single-fa .. lly reSidential Approximately J unlt per 6,000 square feet 5109'0-f •• 'l1 residenti.l Single-family residenti.l Prior to 1981, a storage room was constructed without benefit of proper permits. A history of health and safety cade enforcement actions igainst a preYio~s owner It the subjett property is remeobered by staff. but is not well documented in the files. June 18, 1981, i variance for an -existing accessory building storage bin-was granted, at the time of previous ownership, with I rear yard setbatk of 10.5 feet Where 20 feet would otherwise be the mt"imum required. June 30, ]981, i building permit for the exist;ng stl'ucture was issued retroactively. Jestepc/nl 1l/09i90 -2- Mandatorv Action Daters): EnyJroRlent,] Impact Asstss.ent: NIAl,YSIS Project Descr1ption June 29. 1990, the subject varianc! applIcatIon WiS filed. August 2, 1990, the publIc hearing was opened. September 20, 1990, the public hearl"g was closed. October 4, B90 the declslo. to appro,. the variance was issued. October 12, 1990, the decision was appeiled by Rickie Roberls. October 15, 1990, the deciSion was appealed by Jean Ol.sted ind MIlly Davis. Tne Planning Comm1ssion must open the public hearIng on tho appeaTs by January 12, 1990 and tran .. lt their reco.oendatlon to the City Couocll withIn 30 days of the letlon. Categorically eXeMpt fro. the Cl1ifornl. Envlro ... ntal QualIty Act The applicant propose. to convert an exIsting storage roo. it the rear of the residence to living area. The stated Intent of the applIcant Is t~ Initiate a .. steT bedrooa Inter!or remodel, which .~uld brIng the exIsting structure up t. all curront ~ildiDg and fire code. for livIng space and refi.ls~ the exterior of the roao to match the rem.lnder of the existing reSidence. lbe extedGr h ;A need of maintenance p.f~tfng and reroofing, however., the exlstio9 addition I. architecturally coapitlble wIth the rest of the Eichler house. Background The storage TOOM was retroactively grinted I variance and buildfng permit in 1981 •• fter it ~as constructed without benefit of proper penoits. The .arianee granted was for a structure located 10.5 f.et from the rear property lIne. With this application, It .IS disclosed by the current applicant th.t tbe 'arlance Is neoded for. structure 9.5 feet fra. the re.r property line, a foot deeper Into the setback than the original .arlance description. The ~Iscrep.ncy appears to re,.lt fro. the reliance on the relr fence line as the Jeskope/Il 11/09/90 -3- property line in t~! 1981 application. The fence is apparently located one foot Into the r~lr-adjacent property~ Thus, while the structure has not (hinged sfnce it was originally constr~cted illegally prior to 1981, and sybsequent1, legalfzed, th~ description of the va.fance has b~en corrected wlt~ t~Is applIcation. The 1981 varfa~ce described the structure as an -existing accessory b~ildin9. storage bt~· ind, therefore, limits the use of the roo~ to storage. The findings for the original variance are not documented in th~ file. The reasons for limtting tne use of the room ire also ~ndocumented. However, there is file dncumentat10n that the proper 300-foot mailed and pub' ~shed p1!bHc notifications were conducted. It is staff's pos1tfon that the structure is currently legal. that the appeal period and statute of limit.t ions on the 1981 approv,l of tne structure have .. pl~. ]$$ues gf COncern Twp separate appeals were filed agafnst the dec;s1on to approve the ;ppl1catfo"~ The first. by Rickie Roberts) is based on a number of reasons. pr1aary ~ng thea: 1) the nu~r of people who nave exp;essed opposition t& the application outnumbers the n~mber iR fa~Gr; 2) informatio~ relevant te tne varfance hearfng was not accepted by the Zoning Adm1A1strator; and 3) the hearlng ~a5 not conducted f~ I fair and unbiased manner. The second appeal, by Jean Olmsted and Milly Davis is based on the reason tflat the findings were inadequate. NUMber of F4ejabbQra; Opposed versys In fa'ior rarfances Ire not decided on the basis of the number of signatures collected f~ flvor of or IgaiAst the application. While it is val~able to hear opinions fro. the surrounding property owners, those oplDions need to be based f~ facts and presented ~s evfdence addressing the reQufred findings. Man) of the coe.ents received from the surroundf~g property owners appeared to addres$ the 1981 varIance rather than the subject app'icat~on~ Th~ petiticn wtfc~ was cir~ulated by the appellint did not present the project in ~ tota11) objectij~e ~anner, e.9.~ no ~nt;on ~as made that ther! would be no ph~sicil cha~e to the envelope of the existIng legal str"ctur.. Many people expressed that t~. existing structure should be removed, an action which is u~available te the City. glven that the eXisting structure is considered 1egal. Releyant IAfOrl4tjon Was Sypprissed The .Inutes of the public hearIng document that the type of fnformation which was cQnsfd~red irrelevant by the Zoning Admin~strator ~as information relat~d to the c~aracter of the applicant, i.e., ~hether or not Kr~ Jesk! presented .isl.fonaation about the prIce he paid for the property or the hour of the Jestepc/nl 11/09/90 -4- • night .hen the student who 11,00 next door ployed the drums. Neltner of these facts is relevant to the varianCE findings, so it is inconseq~entfal whether or not his prese"tatfon of the flcts WIS accurate. No other fr.fo~tfon was precluded froe bolng fully presented. Unbiased H~ The .fnutes of the hearfn9 evidence t~e ~anner in which it was condu~ted. Thfs fapress10n "1 ~aye resulted because the Zoning Administrator attempted to focus the public discussior. on the findings is they rel.te to the requested chango I. uso of the facility. It •• s necessary to remind some meobers of the public on s.e',era' occlsions thilt tne physical impa.cts of the st(uct!.ire would not change; J ••.• the a.ount of sunlight received or the amount of bulk of the structure which I. apparent frog the re.r-adjacent property. It was difficult for SOBe neighbors to accept t~.t the existing structure Is considered leg.l by the City. It .. s .1.0 al,understood that the Zoning Ordinance .llows cert.ln type. of constructIon to occur wlthlo the lO·foot setback. [nadeQuate findings The Zoning A601.lstrotor based the decision to ,pprove the vlrlonce on the followl .. ] findings, 1~ Exception,] and txtriQrd1nary C1rcY'stances The Tot I, !ccated on West CharTe.ton Road. which is designated I. the Comprehensive Plan a, an orterlll and Is, therefore. more he •• Il, trayeled than typlco; re,ldentfol streets. Addltlon.lly. the existing legal structure Is locoted wlth!n the rear setback beyond to. Intru,lon peraltted by code. The appell.nts. Jean Cl.sted and Nlll, OaYis, are concerned that the first finding would set a precedent for all properties located on CharlestDn Road. each application for v,rl.nce Is considered on Its own Merits and no var1ance e$tibl1s~es I ·precedent' .hich would ~te the variance syst .. 'Meaningless,-~y future app11catfon for I yar1ance 0" Charleston Road would be evalUated on the basis of the three required findings. The location of a single·faotly residential use directly fronting on an arterial street is an exceptional circumstance, in staff/s opinion, r~sult~ng in exposure to no1se l automotive eMfssfons~ and lack of pr!yacy beyond th,t eXgerienced in the vast _ojorlty of slnglo-, .. Ily neighborhoods. 2~ Preserve Substantial Property Right and Prevent Unnecessary Hardshfp The confor_lng option available to the applicant, and suggested by the nelghbors , WQuld re.Gve th. rear structure and replace it with an addition .t the front of the residence. T~ls would compromise the archltecturll I.tegrlty of the Eichler re.ldence. the 11.lng areo of Jeskepc/nl 11/09/90 -5- whfch faces the front of tke lot with e~panstve windows. It would p1ace the master bedroom closer to West Charleston and t~e related n~ise, automotive em1$sf~ns and ll(k af privicy. It would unnecessarily fncrease the eosts of the addition, w~ich is proposed to be an i~tericT remodel only. Conversion of tne 9ira99 to living area and construction of a carport. or a second ,tory addition, whfc~ are also conforming opt1ons t could result in physical effects of greater detriment to the adjacent property owners. 3. Detrfmentjl or In;urjyus to property Qr~ve~ents jn the Vicjnity The proposal will result in no p~ysical change to the envelope of tne existing struct~re. It will allow the use of t~e room for ljving rather than stD~age, and the change in ~se will be entirely unnotiCEable to all but the adjacent propert) owners. As conditioned, the propos.l will improve the .a1ntenance and appearince and structural integrity of the existing structure~ It will reQu~re a new and hig~er privacy fence betwee~ the project and the adjacent properties. It wi11 also require landscape screening tc further buffer-Ue rear-adjacent neighbor from t~e increased i~tens1ty i~ use~ RECl!!II!£HDAIIO!! St.ff recoomends t~.t the Planning Commission recommend approval of the subject varrance at 330 West Char1eston Road, baSEd on th~ following findings and condit I cns: f1!!QINGS 1. There are exc~ptfonal or eKtraordi~ary circumstances OT conditions applicable to the propert) involved that do not apply generally to property 10 the sa~ district i. that the lot is located on West Charleston Road, an arterial road, which fs more heavily travelled than typical Single-family residentl.l stroets. The existing storage are • • as constructed without benefit of proper permit, but later obtained • • arlance and building penolt i. 1981 .hlo~ legalized the physioal add~tfDn but restricted the use of tke addition to storage; ~. The granting 0 the appl1catfon is necess~r~ for the preservation and enjoyment of a substantial property right of the applicant, and to prevent unreasonable property loss or unnecessary hardship in t~at the property QWner wants to upgrade the structure for use as a master bedrooa and improve its physical appeara~ce as well as its structural integrity. The conforming option of removing the existing addition and constrYctfng an addition to t~e front of the residence or as a second story would place th! master bedraa~ close to t~e noise and fumes of West Charleston, and/or would compromise the arc~itectural integrity of the main living zreJ of t~e Efchler·style residence. It would also substantIally Inorease the cost of the project; and Jeskepc/.l 11/09/90 -6- 3. The granting of the application will not be detrimental or injurious to property or improyements In the Ylclnlty In that the physical Impact. of the structure. the pri.ar~ c~ntern of most nefgnbors, were permitted in 1981 when the orIginal va. lone. Ind building permit ~ere granted. The .ajor!ty of the addition would be .llow.bl~ under Section 18.88.090 (e). The negatiYe space ca. be ell.I.ated by the conditions whIch req"ir. construction of I new fence and screen planting. Cf!I!!)ITJOIIS 1. The applicant shall con,truct a now 7-foot·bigh fence along the entire r •• r and sIde yard property lines prior to Issuance of building permits. The design and construction of the fence shall meet the satl.factlon of the Zoning Mllinistrator, .fter coos.Hation with the property owner at 331 tarolina Way. 2. The applicant shall Install scr •• n pllotings along the rear property line prior to flnaliz.llon of building pe .. lt. A plan for the landscaping shall meet t~e 5~tfs'lct1Gn of t~e loning Admf"istrator, aftor consultation with t~e property owner at 331 Caro'in. W~. 3. The exterior of the structure .hall be painted and fiolshed to .atch the .... inder of the existing resideoct prior to finalization of the building pennlt, to the ,atl.factlon of the Zoning Administrator. 4. The appllcont shall be subject to all lpplltable building and fire code requlreaents I. converting the storage ro .. to habitable space. I. Letter of application frOll Steye Je.ke with attlched 8 1/2 by 11 plans and' phatos i 2. Zoning Adol.lstrator decisIon; 3. File documentati.n ~D the 1981 Yarlance and building perolt; 4. Appeal from Rickie Roberts; 5_ Appel' fr .. Jean Ol.stead and Milly Dayls; 6. file correspondence; and 7. "inutes of the August 2 and Septe.ber 20 Zoning Adainlstrator H •• rlng. ,,,IES SB!T TO Steven Jeske, 330 West Charleston, Palo Alto, CA ~4306 RIckie and George Roberts, 331 Carolina Lane, Palo Alto, CA 94306 Jestepc/.l 11/09/90 -7· Joan Ol •• ted. 240 West Charleston. PlIo Alto. CA 94306 Dorl 8or .. tt. 4115 Park Boulevard, Pil. ~lto, CA 94306 Mfll, Davfs, 240 West Charleston, PlIo Alto, CA 94306 Jeskepc/ol 11/09/90 -8- .. AnACHM£NT 1 'Dear "3. Lyt~e: 330 Weet Cha~le~ton Road P.l~ Alto, CA 94306 28 Karch 1~90 I own and occupy the ~ve address, and I would like to apply for a variance CQ inhabit the alr~ady-ex1stinq -aeceJsory buildinq~ room at the rear of my hoo.e, with & rear setback of 1Ir'-whe=e 20~ would ot-hen!s.!' be required. lJl1J.. ~ pre~1ou. OVft8r added the rPOm vithout a permit, I don't know ~hen. A next-door neighbor .ays it was there in 1972. when they moved in. rn 1981. Variance 81-V-22 was granted -to permit the location of an ,exi.tin!1 acceslory buildi,ng (.storag:e bie) W'ith a rear setback of 10' 6" where 20' would othervia. be required.-It w&~ • misnomer to call this ell-shaped room a building, since it'. attached to the house. (I read in the Palo A1to Zoning Guidebook that such -buildings· MU8t be -detached.-' Three o~ its six wall, were .x1It~nq walla of the house, whatever such a roo= 1. called. City staf~ couldn't tind records cf that variance, eo I don't know know if this point was x.ieed then or not~ (FOr yo~r in~or.mation~ by Clty recorda the original hous~ and garaqe together have 1476 sq.ft.; by my mea,aurements 1523 sq.ft. The roo. adds &bo~t 411, aecordi~q to the floor ~lan filed vith the room's 1911 bulldinq permit~ by my M.lurements 410 sq~ft. 'The 35' lot coverage of 6044 il about 2115 .q.ft., the F.A.R. about 2563.) There are e.~loDal and extraordinary eircUC$tancee applicable to my property, Which 11 one realon I request thi. VarIance be qranteQ. One is the fact that when the land val orlqinally subdivided and the house built 1n 19'0, I understand Charleston Road vas only two lanes. When !l1aybe a decade later the read was widened to ita present four lanes plna parkinq. land for the p~rpose was removed from the ~rQnt of my lot, forftebcrtenlng the lot ¥~th respect to the house site. Another rea_on il that to allow for more auch ~iden1n9s in the ~uture~ my lot haa a -special-front yard setback of 24', not the normal 20~. Perhaps becau&. o~ theae things. my land begins right at the sidewalk's edqe~ without the ctty-ovned buffer strip ",fitch I understand many houses in the city have. (The Eichler-large glass windov8 in my livinq r~, on the Chazle8ton 8ide, are only 40' from the curb.) So my front lot apace 1. ~ller tha~ most in the city. ~~d ~nly a few of ga live on four-lane roada. An additional exceptional condition is that the deed has a covenant and restriction prohlb1tinq second stori.s~ forever eliminatinq any expansion upwards. Those exceptional conditions may apply to same otb.: houaes in the c1ty~ at least to the dozen or so who live on Charleston in Eichlera, but my house has an additional one which is probably unique: it has this room, pre-existing for roughly two dec.de.~ I'm not sa king for a Variance to build it. juet to be ~~loved to live in it. I don't know vha~ a ~property riqht-is, but I Lmaqine it allows me t~ l1ve 1n my houae. My ~hole houae. To all intents and purposes I am prohibited fro. doinq that now, since this room ia only approved for ·stor«ge.-I dOn·t need that 410 square feet of storage apace. My house has a tvo-car garage yhich has about 396 square feet. and when my car is parked there I still have more than enouqh storage space. I I As for hard8h1p. ~ell, I c&n mention vhat I have to put up with nov. My bouse is an early Ei~hler. I don't kno'-o' if he impro-.red later ':m, but the thin panel. he u'ed lor wal13 in my rooms transmit sou~d very well. like diaphra;ma: I wish he'd used dr~~all under them. I knew about the four-lane ro"d before I bou9ht it, bl..lt not how poorly I .... ould be muffled from it. TO add to the din, it seems that the (th1n-wall~ Eichler) house llext to me is rented out to some Stanford st'.Jdents. arid their floor plan ~s rotated with respect to mine; their living room abut~ my master bedroom, about 12' away. One of them plays drums. If you can't ~91ne vhat ~t'a like to be lying there in bed listening to hLm practicing at 11:45 p.m., then maybe you can ~~9ine vhat it's liKe to hear hot-tub parties ~n their patto in the summer at 1 or 2 a.m.~ (yas, just outside their livi~q room, next to ~~ hedroom). One of the bl~ attractions of my -addition-room to ~, the one I'm asking a Variance for .. ie that it is un"fini"hed: bare cement floor, exposed .tu~ with only exterior sheathinq on, and 30 on (at l~ast I~ve fixed lItO!lt of the p~.ce. the root leaked). I'm pla.nning to :emcd~l it into a thoroughly SQund-proofed master bedroo~ sul~e --since it is as far away fr~ Charleston and their hot-tub as I can get. In my oplnion~ this Variance will not be detrimental to the City, neiqhborbood, or Lmmediat. neiqhbor •. l"ve spoken to my five contiguous nelqhbors about my vi.he., and none of them are bQehered. Also more tha~ half ~t the neighbors within three hundred feet .. the ones I've managed to find home or. weekend8, who will answer the door. You cannot see it 'rom the 5treet. There will be no negative visual impact: after all it baa been there for ~ny year$ already. If anything it vill be improved, since such th!ng~ as curta~ns are commonplace in a bous~, altbouqh not in a storage shed. As I understand the process, I ~lrst apply for this Vari~ncet to leg&l~y inhabit that room. I~ it is qranted, then next is the Housing Department, to alter that room 80 that it meets code. (I haven't shovn its bathroom-to-be on my floor plan .. since I haven't decided its precise location .. size or Shape: it vill either be in a portion of that roOJll .. contiguous to it, or both.) As the floor pl,'!n shows~ the rrx»n mostly abuts the qar~ge. Access to the rest ot the house will therefore be through that anteroom at the end of the hallway. I~ll either use it as a 3tQdy or just as a hallway. depending an where I event~ally put my desks~ Sinee the Variance room bas an out~ide door. t~e Housinq mar. said the Code'. egress conditicn is satisfied. r look forward to working with the City, learninq as I go, and to workinq and livinq in Palo Alto for many yeers to come. Thank you. Sincerely. ~~1 j'L[.~L Steven E. Jeske Ene. • • > ·;:5~f~~:r . 1 lI1~d /971/ 33¢ ; #<1 .. 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P-t IAI.t1Mt~1 '- Application No. 90-V-21: 330 West Charleston Road Variance 90-V-21 Is app~oved for the existing attached storaqe room, locatad within 9.5 ~aet ot the rear property line wh~~e 20 feet would otherwise be required, to be used as habitable space per attached plans at 330 West Charleston Road, Zone District R- 1, Palo Alto, California, and is subject to conditions listed below. fINDINGS 1. There are exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply qenerally to property in the same district in that the lot is located on West Charleston Road, an arterial road, which is more heavily travelled than typical single-faDily residential streets. The existing storage area was constructed without benefit of proper pe~~it, but later obtained a variance and building perait in 1981 which legalized the physical addition but restricted the use of the addition to storage: 2. The granting of the application is necessary tor the preservation and enjoyment of a subst.antial property right of the applicant, and to prevent unreasonable property loss or ~~ecessary hardship in that the property owner want~ to upgrade the structure ror use as a master bedroom and improve its physical appearance as well as its strYctural integrity. The conforminq option of removing the existing addition and constr~ctinq an addition to the front of the residence or as a secone story would place the master bedroom close to the noise and fumes of West Charleston, and/or would coapromise the architectural integrity of the main living area of the Eichler-style residence. It would also substantially increase the cost of the project; and 3. The grantinq of the application will not be detrimental or injurious to property or i.proveaents in t.he Vicinity in that the physical impacts of the structure, the primary concern of most neighbors, were permitted in 1981 when the original variance and building permit yere qranted. The majority of the addition would be allowable under Section 18.88.090 Ce). The neqative V9G21 10/4/90 n1 Paqe 1 space can be eliminated by the conditions which re~~ire construction of a ne~ fence and screen planting. CONpnLOI!§ 1. The applicant shall construct a new 7-toot-hiqh fence along the entire rear and side yard property lines prior to issuance of building permits. The design and con3truction of the fence shall meet the satisfaction of the Zoning Administrator, after consultation with the property owner at 331 Carolina way. 2. The applicant shall install screen plantings alo~ the' rear property line prior to finalization of b~ildinq permit. A plan for the landscaping shall meet tbe satisfaction of the Zoning AdDinistrator, after consultation with the property owner at 331 Carolina Way. 3. The exterior of the structure shall be paintea and finished to .atch the remainder of the existing residance prior to ~inalization of t-~e building permit, to the satisfaction of the Zoning Administrator~ 3. The applicant shall be subject to all applicable building and fire code requiramenta in convertinq the storage room to habitable ~pace. NANCY MADDOX LYTLE Zoning Administrator october",. 1990 This tor. does not constitute the variance tor which application ~as made If the application is approved and if no appeal from this decision is ~iled by any person firm, or corporation af~ected by the decision on or by OCtober 15, 1990, you will receive a copy of your pe~it in the .ail~ If this application is not decided to your satisfaction, the decision may be appealed to the Planninq Cc~ission by filing an appeal application with the Planning Department and city Clerk on or before the above mentioned date.. V9021 nl 10/4/90 Page 2 cc: steven Je.ke, 330 West CharI •• ton Road, Palo Alto, CA g4306 Mr. and Mr •• G. and Rick!_ Robert., lJl Carolina Lane, Palo AltO. CA 94306 V9021 nl Dora Barrett, 4115 Park Boulev.rd, Palo Alto, CA 94306 Jean Ol .. ted, 240 west Charleston Road$ Palo Alto, CA 94306 10/4/90 Page 3 ." .~, .. , .. ,IJ ~ 330 w~ Charleston Road variance 81·Y-22 is hereby granted to Mary Lyn E~ Monroe to pennit the location of an e.x:i~ting accessory building (storage bin) with a rear setback of 1{)16" 'Where 20 1 "WVU1d other ... 'ise be required at 33Q W. o,arleston Road, lone district .R·l. Palo Alto, C21ifornia J ruld is subject to the following condition: 1. This ... ~ariaTIce shall be valid far the life of the existing structure~ I' 1+ C'· /); . .0 /. .>J r: ", (, </ .:-1<; UNUO ... : SANOlEZ -11 Zoning Administrator City of Palo Alto. JlI1e 18., 1981 n,l'; V.uJ.mCL' t!'l gt'''l~ted in accordance with and subject to toe prov.!sions of Cli;lrl,'f 13 9D of tIn.' C1ty of Palo Alto Munidpal Code~ Any Variance 15 trans rl'r .. h]C' unlp!,:s othl"nooise provided' at the time of gunting. fn ,my ("ml(' tn .... hlc,; the condith .. ns to the ,grant h:g of a VaTIance have nee been ur 3rt' nut ("empUed ..,1th. the Zoning A~in1strator shall give notice to the [>L'1r-lt tE't' of lntpncion to revoke such Voirlance .at least ten (lD) days prior to ~ np':)Tiug lhpreon~ followIng such hearing and if lood cause exists theTefor. 111(,-i'.Cln.JIIg It.dRlJ"tl'lttiu:nr may revoke the VariancI!;_ " "~rhnt'e ",b feh has not beeD used within one (l) year after the dat'! of &rant fllR bt·C'OM'& Vtlld, although the Zordng Ad:aaIn.istr-ator Il.ay* without a heilrin&* rX[4'n,i'the liMe' for an additional year if an appl1c:,at1oQ to this effect is fJlrd with hJ. before tbe expiration of the first year Ifll )00 i I i j , I [ t>l "'!. i i , j i J , ) APPROVED FOR BUILDING PERM1T ~, y;jj:p---!)AIEC:;::. ' .. t?L .1 ~---= \<---.0 ~~ ., [] i , I I t i . _~_ , ______ ..-~--.-.J J i I I • t "i' ~ 9-f:' i I I ~ \:» I j I .s . c -.- -; -.", ,~ "--., -:::: _ l.Cl L " f'- ~ \..c> ., a ['I '-r <: < '" I i _ .1 ----=-=~--:;:-.,..~ '.' ,'-;-7;':-:-'::":::-;'" ,-.-,: -:-----! ,,~_. ___ ._;1_----- '-' , " '- < -,- ~ • -, <-'c -J--- I , , , u- - '>- -: :.s~ ". <. ~ , .a ... -'" '. -r ~' ~ -, cO ~ -' ~ ;)' -.--.. V1 V" < ;J-<:> ><. <J <"\ I ! IJ • -..... ---------"1---t __ _ ~ ~, --• > '} " -< ' < -0: -j -,- " , "-:> " '. ~ <:> " ... >', : " ., .... ,~ f -:> i " -<. i- e--Q , < - "-:;, ~ 1- -'---" , V) <. ~ '1: . -. I-~'- I I I~~" I r' ! ., t , '; /; Ii ~ \.{ " ~-"S~' -~? ~-'-" ---.-'.~ --"'7;------"--'"'--, . , , CITY OF PALO ALTO omc. Ol.\he Cfty C_ . PEAL FROM THE OECISIOH OF ZONING ADMINlSTRATOR :; .. r· ,'. . duptk:ate INfthln ten days from date ~ decision d Zoning Adml.nbtratOf reasons staled In !he aItaClIe<j _ ron duplicate). 001.11 l).qoa, ') l~foSigr.alure oIAppellani 1?:...Ic;; ~ R.b ...... 4 PlANNING COMMISSlOO RECOMMENOA TJON TO THE CITY COUNCIL: 0010 ____ _ CITY OOUNCI!. DECISION; 0018 ______ _ Ramar1<s and/or CondiItoM: SUBMITTAL REQUIREMENTS SATISFl.ED: 1. P\ans 2. ~ ~. 3. Appeal ApplIcation Foons 4. Lener 5. Fee Approved __ _ Denied __ _ • ATTACHltENT 4 12/89 . . .-,.--. '0pi l · VAf2-IA N ct- 40-\1-2-1 *":-.' THIS PRE-DETERMINED ·DECISION~. BEEN SET BY THE BrAS OF CITY OF PALO ALTO THE PUBLIC MEETIN~S OF 2 Aug and 20 Sept. VARIANCE 90-V-21. WHICH HAS B E FOR E THE SHAM OF ]990 CLAIMS TO ) OtlOTE B ~ 1,. A NeE THE INTERESTS OF PROPERTY O'WNE:RS UNQUOTE THAT SO -CALLED B A LAN C E IS A BLATANT FICTION I SUSMIT THAT IN THE CO~FLICT BETWEEN " pROPERTY OWNER WHO VOTES TO PRESERVE THE 20' SETBACK FOR INHABITABLE SPACE, . _ I.E. A PROPlRTY OWNER WHO PLACES A RIGB VALUE ON P;ESER~ING THE ENVIPQNMENT AND A PROPERTY OWNER WHO THINKS OF A PRDPCERTY AS SOMETHING TO BE DEVELOPED FOR FINANCIAL GAINL : THERE IS NO 'BALANCE" IN THIS CONFLICT. THERE CAN ONLY BE A 'DOMIIIANCE MANEUVER" BY THE PROPERTY • OWNER WHO FAVORS FINANCIAL GAIN. THE FACT IS THAT ONCE THE ENVIRONMENTAL PRINCIPLES ARE DESTROYED. THE MONEY VALUE OF THE paOFERTY DOMINATES. T1!ESE TWO PRINCIPLES CANNOT liE BA."'LANCED. THAT IS A FICTION MAINTAINED BY THE LUES OF LYTLE WIIO IS OBVIOUSLY SPEAKING A I<EALTOR'S MENTALITY. SO .. facts in this case to support the imbalance: 1.JESKE LIED lrdEN HE TOLD NEIGHBORS THAT HE PAID $319.000. I've PUT PAPERS FROM THE PROBATE FILE OF MRS. MOKROE IN PROOF THAT HE PAID ONLY $281.600 for 330 West Charleseon. 3. One neighbor has the view tbat it is obvious that Jeske vill ~ve into tbe bac~ of the house & rent tbe frent part to pay the mortgage~ 4~ Jeske said at 2 Aug ~eetiDg that be cannot afEord an architect to .ake the house ~ore than a modlfie~ Winchester bouse because he can hardly pay tbe ~ort9age~ 5. At the 20 Sept .eeting, Jeske .a1~ that he voul0 -get prOfessional belp· on the design. but it he can·t afford an architect because be ean bardly pay the aQrtgage. he can't aEtord ~prQ~e.$ional belp·. He NEEDS prof~ssional belp. 5. That storage bin i8 a MONSTBOSITY. It destroys the ·soul" of our house .t. 331 Carolina Lane. 6. ~OpERTY VALUES: Obviously tbe Charleston Road bouses . --ha..,,-lese: value l . than the inner .t.reets. because Charlest.on Road·is a arterial atreet~, JESKE KNEW THIS WHEN 7. NOT BE IN THE BOSINESS OF FORMULATiNG pOLICY WHICH WOULD MOVE JESKE AROUND TO THE BACK OF THE ROOSE AND THEilElI'l INCREASE TIlE VALUE OF HIS PROPERTY AND DECREASE THE VALUE OF COR PROPERTY AT CAROLINII. LANE. II" . B.JESKE MAY WISH TO IMPROVE THE MODIFIED WINCHESTER HOUSE AND SELL IT FOR PROFIT. ~ 9. IF JESKE LIED ABOUT THE VALOE BE PA1D"FOR THE HOOSE. HE WILL LIE ABOUT HIS MOTIVES FOR CONVERTING TO A MASTER BEDROOM-BATH. 10. I CONCLUDE THAT JESKE lIAS A BAD RECORD ON nUTS AND VERlIC TTY • "- -- FACT: L Y T L E ' S fIN DIN G 5 ~RE ARB I T R A R Y: LYTLE'S DECISION TO OFFER O~ AS THE' OWNERS OF 331 CAROLINJ\ LANE 'i"HE CR(NBS OF A FENCE ".NO' PLANTINGS IS THE Pf(ODDCT OF .. DOMrNA~CE MANEUVE~rOQ THINKING. WE HAVE NOT BEEN LISTENED TO (alo~g ~jth 77 OTHER NEIGHBORHOOD PROPER'iY 0WNERS WHO WANT TO PRESERVE SINGLE DWELLINGS WITH PPOTECTED ENVlFiONJ'iENT1\L CONDITIONS -THE DESIGNERS OF THE EICHLEP. TRACT 'WERE ABSOLUTELY CORRECT IN ALtOTING 40' FOR THE OPEN DESIGN eN THESE HODSES. 40' IS THE MIN I Me M SPACE TO INSURE PRIV.'CY ~ WE~ AS PROPERTY OWNERS P~VE: NOT F..J.D A VOICE IN THAT DECIS10N. 7HE FENCE AND THE 'PLANTINGS ARE CRt~BS WHICq LYTLE'S DECISION MAINTAINS AS A FICTION' OF EALANCE. A FENCE A.'JD PL'NTINGS IS IN NO ill'AY AN ADEQOATE SUBSTITUTE FOR A PROTECTED ENVIRONMENT WITH A 20' SETBACX TO PRESERVE FRIV,!,C'Y, FREEDOM FROX NOISE POLLUTION, WHICR JESKE'S OCCUPANCY WILL PRODUCE, AND THE SUNL!GHT~ THE LIGHT AND THE SPACE WHICH WAS ALLOTTED BY THE DESIGNERS OF THIS TR'!'CT. I StTRMn' THAT NANCY LYTLF PRESIDES OVER HE.r..:RINGS (thf'~E" 2) IN A VERY CONTROLLING, CLOSED KIND, INABILITY -TO-listen manner. SheHAl SUPPRESSED £'VIDENCE "''HICff HAS LEGAL AND FINANCIAL llwi'.PLICATIONS AND SHE HAS DP.OPPED THE THREAT THAT IT CAN GET WORSE,. 1.E., JESKE CAN GET A VARIANCE TO BUILD TO THE FENC... AND FROM ~~T I'VE OBSERVED OF HER RIOH-HANDED METHODS, BOTH IN THE OFFICE AND AT THE HEARINGS, r BELIEVE HE CAN. RAVING A VERY ORDERLY AND LOGICAL MIND, I WOULD LI~E TO POINT OUT AN EXTENSION OF REF ARGUMENT --I.E.# T H REA T rHAT JESKE C~ ~~KE HATTERS WORSE. '!'IllS IF WE ARE GOING TO WRECK THE ENVIRONMENTAL LONe; PREYAr[.FJ') TRACT. THEN SELL TO O .... ,...·ERS 1l00SE PURPLE ORANGE & WHO liE OR FACTORS WHICH RAVE IN THE CHARLESTON" ME.ADOW EICHLEFi AS ""tiO P!(OPF.RTY "'ILL OWNERS CA:V PAINT THE ACID YELLLOW OR BRIGHT HAVE DOGS WHO BARK LONG AND !,OUC AND LOUD OWN WHO POLLUTE THE EFIt'"Vl RQN- MEN'!' WITH AND WHO ISSUE IS: A LITTLE WHY UP TO NOT UNDER PUSH HIGHER MUSIC (aICK OR CLA.SSIC1tL, ETC) MANY POL L U T ! N G POLLUTE THE FICTION THE ATMOSPHERE OF THE BOU!,DARIES OF I\UTOS. JUST LEVEL OF MORE TOTAL POLLUTION? That's what has happened with the steaoy encroachments of 330 West"" UJu.t Cw...!u'l""1 Kdl. A BRIEF KISTORY ON THE PROPERTr AT 330 WEST CH~RLESTON ROAD, rwu.-: I~ 198), a variance was i9sued AFTER THE FACT. In other yords, an illegal struet vas added to part of back of the house. The ovner~ Krs. Monroe, vas declared legally incompetent at some point, and 1n 1981. she bad an attorney with po~er of atto~ney@ This 3ttorney f~iled to nottfy the neighbors of the public l!Ieeting to discuss this 1981 variance-.. Sending the lnfor m8tion tor a public "eeting on a variance issoe involves 5~nding approxim~tely 299 postcards. Most of us did not receive them. AT THE 2 AUGUST. 1990 PUBLIC MEETING RE.THIS PRESENT VARIANCE. 90-V-21. NANCY LYTLE CLAIMED THAT THESE POSTCARDS WERE LOST IN THE KAIL. I SINCEROLY DOUBT THAT APPROX 215 POSTCARDS WERE LOST IN THE MAIL. I THIN!{ THAT THE ATTORNEY OR WHOEVER WAS RESPONSIBLE FOR ~KOSE POSTCARDS DID NOT SEND THEM. Fl~THER, THE ATTORNEY NITH POWER OF ATTORNEY FAILED TO ESTABLISH A CASE FOR GRAN"I"ING A VAllaNCE FOR THE ILLEGAL STRUCTURE TIItN HI EXISTENCE .. SITTING AT 10' 6-. To SUHMARIZE,THE OWNERS WORE UNSTABLE AND MARIO SANCHEZ HAT? (THIS MOST CHARITABLE VIEW HAS BEEN PROFFERED BY A N~IGRBOR) HAVE ISSUED THE VARIANCE BECAUSE OF THE FRAGILE EMOTIONAL HEALTH OF TIlE Oft'NER. WE HAD LON';; TRIED TO ACCOMOOATE TO THE FRAGILE EMOTIONAL HEALTH OF MRS.-MONROE AND HER EQUALLY UNSTABLE SON, KEVIN. I DON'T THINK THAT TRIS SERIES OF "SYMPATHETiC" ACTIONS BY HARIO SANCHEZ AND THE NEIGHBORS SHOULD NOW IMPACT ON THE FINANCIAL VALUE OF OUR PROPERTY AT. 331 Cerolina Lane • • 7TH THE PRESENT APPLICATION FOR A VARIANCE, 90-Y-21. WE LEARN THA1 THE ILLEGAL 'STORAGE BIN" NOW SITS AT 9' 5" FROM "l'BE 1\EAR PROPERTY LINE. .LYTLE IS ATTEMPTING TO MAKE OP THE RULES AS SHE GOES ALONG BY VIOLATING 'l"l!E LONG STMiDlNG 20' SE'TSACK 1\EOUIRE>lENT • THE ELEVEN-INCH DISCREPANCY HAS NEVER BEEN EXPLAINED. IT IS NOT -EXPLAINED -l!Y THE LOCATION OF THE FENCE. ~E FENCE HAS BEEN STATIONARY SINCE 196~. THERE HAVE BEEN OTHER FAILED ATTFMPTS TO COVER FOR THE ELEVEN INCH DISCREPANCY. MY OBSERVATIGNS ARE THAT FROM THE TIME I BEGAN RESEARCH AND STUDY ON THIS VARIANCE. 90-V-21. THERE HAS BEEN All ATTITUDE OF WITHHOLDING INFORMATIO~. OF DELAYING T~CTlCS. OF PROVOCATION FROM THE STAFF - I Bean s~cf fic-Blly t.hree lIe.bers of Planning Departaaent St.aff . , , :-~' . ' An ex .. Jple of this 1& t'l1at when va "ilB neighbors bf:!ogan to request infor_atlon about tbe 1981 variance~ there.as a lack of co-o~rbtfon and spirit of withholding whatever inror..atlon there vas. I was delayed and glve~ ~any excuses by Mich.el 8i11.. I listened to these pbony excuses foc the better part o~ • vee~ a~d finally the one that insulted .y intelligence tbe most vas tbat there vas no key availab1e to unlOC~ the Archive. mesh fence. Tvo e~ecutive secretaries were on vacation ~~~ t~2Y ha4 tbe only keys available. ,-:' ;-" .~~ ...•... APPEAL ON VA~IANCE 90-V-21 by Pickie Roberts t listened to this nons~nse for several days, maki~g numerO~5 phone ca)l:!; ;and finally I told Michael Bills that I found it clfficult to believe that in an agency the size of the Planning Depart~ent. th~t eith~r _ building manag~r or a janitor or ~hoever. didn't have a key to the Liles and that I was comi~g down to Cit} Hall & t.hat I would filld a key in about 20 rrdr-lutes acd would he be z,va:i 1able to go to the Archives??? very shortly after that, we got part of the information. THE INFCRMATION IS STILL SUPPRESSED ABOUT THE APPLICATION FOR THE 1981 VARIANCE AflD THE IDENTITY OF THI ~TTORNEY WHO HAD POWER OF ATTORNEY IN I 'l ~ r, I. E •• WHO MADE THE APPLICATION?1? TIIOSE OF US WHO VERE RAVING CON"rACT WITH MRS. MONROE DOUBT THAT SHE WAS CAPABLE OF FILING TRE APPLICATION 02 OF PREPARING THE NECESS~RY POSTCARDS FOR THE PUBLIC HEARING. I DOS'T THINK WE CAN ASSUME THAT TaERE WAS A PUBLIC HEARING. THAT VERY PROBA~LY IS JUST A FICTION MAINTAINED TO LET THE PLANNING DEPAR7KENT STAFF IGNORE THE ISSUE. .. AT SOME POINT. MICHAEL BILLS. ~~OUNCED TO Mt QUIETLY BUT PROVOCATIVELY THAT £VERYONE WHO APPLIES FOR A VARIANCE GETS ONE. I C~~ ONLY ASSUME THAT SINCl HE KNEW THAT THE VARIANCE W~JLD BE GRANTED. HE WAS THINKI~G WHY SHOULD I BOTHER WITH ANY OF THIS. THE VARIANCE WILL BE GRANTED. THAT MAKES A SRAM OF THE ENTIRE VARIANCE PROCEDURE. EVEN THOUGH· THE r-l ZONING REQUIREMENTS NOTEBOOK SPEAKS OF THE VARIANCE AS A LAST RESORT. FACT. IN THIS CASSo GRANTING THE VARIANCE IS A LEGALLY INCORRECT MANEUVWR BY LYTLE. IT HAS LEGAL AND FINANCIAL AND ENVIRONMENTAL IMPLICATIONS. IT STARTED WITa AN ILLEGAL AND ERRONEoeS VARIlINC. ISSUED BY MAUD SANCHEZ, AND NOW JESKE IS J.LLO"ED TO GET ~J~ STAMP OF LYTLE'S EXCEEDED AUTHORITY AND THEREBY GET FINANCIAL QAIN AND DESTROY LONG STANDING ENVIRONMENTAL P~INCIPLES FOR HIS FINANCIAL GAIN FOR HIMSELF (, OR OTHERS WHO MAY BE IN AN INFORMAL FHIAneUL ARRANGEMENT WITH HIM. I IT'S NOT A STRETCH OF t"HE tlfAGINATION TO BELIEVE THAT REALTORS ARE WATCHING THIS TEST CASE READY TO TAXE ADVANTAGE OF THE FINANCIAL IMPLICATIONS. '!'HE DEVELOPERS RAVE WON AGAIII, TO THE FINANCIAL LOSS OF SMALL PROPERTY OWNERS (our property) AND THERE IS NO REGARD FOR THE ENVIRONMENTAL PRINCIPLES. ,. ,/ FACT: I ~ OEDER TO TRY TO DE-ESCAl.ATE THE CONfLICT Of THIS l' :tIUC;UST EVENT DESCRIBED BEl·OWI I DID NOT GO TO THE PLA.NNING OFFICE BETWEEN 11 AUGUST ~ND 20 SEPTE~BER. 1990 IN VIOL~TION OF M~ RIGHTS TO GA.'!'HER INFORMATION FROM A CO-OPERATIVE AGENCY. :MY OBSERVATIONS ON 'I'HE PLANNING DEPARTMENT OFFICE STAfF/LYTLE': On }7 lHlglJSt. 1990, I came tD the Planning ~partm€nt Office to file a number of sig~atures of people wbo oppose tbis variance and to researeh fer information. The informatio~ is thpre for th~ pub-lie. "1 arrivt!d at about 11 (eleven) .... M.. I left the Planning Office to go briefly to the Legal Department Office. I returned to the Planning Dept. office a~d vaited p~tiently. I asked to see the file of Joon sweeney yr.o ba$ an illegal family room. 1 got the file and Jc~ c. assisted me in determining that the family room ~it$ at OKLY 10' FROM ~H~ Re~R PROPERTY L!NE. THAT lS IN VIOLATION or THE :20' SET.9ACI( REOOIREMENTw 'l'HERE 15 NO V.lt.RIANCJ!' IN THE FILt FOP THAT ILLEGAL FAMILY ROOM. Meantime l in my ~esea~ch in th~ neiqhborbood. J bad been tolo by a m9n near that property of Jobn S~eeney t~at JesKe would gee his variance and tbat the properties on Ch~rleston Poad would b~ increased in value. I re~lied tbat I ~ad already gathered signatnres 0' a great many, Inng-tfme property owners who O~poSe that variance~ . PLEASE CONSIDER filS REPLY CAREFtI"LY: ·r DON'T C~RE IF YOU PEOPLE HAVE SIGNED A~'D WHETHER YOU HAVE BEEN HERE SINCE 1940, JESKE IS GOING TO GET HIS VARIANCE. AND OUR P~OPEP.TY VALUES WILL BE INCREASED.- Accordingly on 17 ;l.ngust l 1990 1 wben I was at the Planni~9 De?artment~ I as~ed ~hether tbe deci$ion ~ould ~.-POLITICAL-. AT APPROXIMA·rELY 12 NOC~, AFTER I HAD BEEN WAITING F("IE( .AN Hot'R TO TALK TO t·YTLF I AT THE POINT THAT I WAS QUESTIONTNG WHETHER THE DECiSION WOULD -POLtTIC"'!,· AND THAT I HAD ESTABLISHED EY SEARCHINC THE FILES AND ASKING FOR INFORM}o,TIO~ ABOUT THE V.ARIANCE FOR THE ILLEGAL F~lLY ~OOM. NANCY LYTLE LEF~ THE CLIFN7 SHE HAD BEEN TALXING TO "'ND "WITH AN otrrBURS'I· OF "'NGER. SHE .RAGED THAT I "WA.S MARING -FALSE AND NOT a£LEVANT ACCUSAT10NS ~ND THAT I~ W~S tNCREASING TSE ·S~RESS· L£VEL IN THE OFFICE" I REPLIED TO HER THAT ·STRESS· IS NO'!" A COP-OUT WORD Hi MY VOCABULARY AND THAT SHE HAD KEPT ME WAITtNG FOR AN" HOUR AN"D THAT IT WAS NOW NOON AND THAT I THOUGHT THAT ALL OUR BLOOD SUGARS WERE LOW. I ·STRESSED'" TO HEP THAT I HAD NEVER AT ANY TIME ~~DE A~JSATIONS. T}lAT J HAP BEEN ASK!NG FOR INFORMATION A."m THAT (I DID NOT SAY TH1S) I BUr KY OPINION IS THAT I ASRED THE RIGHT OUESTIONS AND GOT TOO CLOSE TO 'tHE 'I'RU'I'H OF THE MA'I"''!ER ~"ND THAT'S WH"t SHt; PITCHED THE CONTROLLING T~VTRUM. I SUBMIT THAT NANCY LYTLE RNEW THAT HER WORK CAN BE 'STRESSFUL" ( TO USE THAT ovgRWOIlKEtl WORD) BECAUSE IT OFTEN INVOLVES PROPERTY OWNEBS WITH CONFLICTING OPINIONS TO BE RESOLVED~ M"D 'fHAT IF SHE IS NOT PREPARED TO COPE WITH THAT KINO OF 'STRESS' THEN THERE ARE OTHERS WHO PERHAPS CAN COPE WITH 'STRESS' BETTER THAN SHE CAN AND BENDER DECISIONS THAT ARE MORE FAIR AND CONSONANT WITH THE WISHES OF PREVAILING PROPERTY OWNERS. ..;; , '\ .'<,-4;; "., •.. Written by Rickie Roberts. ~FPELLA~T I 8 VAFTANCE: 90-V-21 The NEGATIVE I~P~CT of this variance is both financial and environmental~ (That tra~slates to the developers have WQn agai~ because greedy people don't value environmental ~rotection,) The negative impact of this variance is blatantly aggressive becaus~ in effect Lytle is saying I can exceed my authority in totally disregarding a firmly established principle Of the Charlest¢n He~aow Eichler Tract --l.~.~ THE PRINCIPLE OF THE 20' SETBAC~ WHICH INSURES PRIVACY, SUNLIGHT, LIGHT ON AHY DAY AND GUARDED A~EAS FOR CHILDREN. I APPEAL BECAUSE THE INEfFICIEH'l' AND "DEFENSI"E" (NOT MY TEOlM -IT CAME FROM OTHERS WHO HAVE HAD TIlE SAME EXPERIENCE) LACK OF CO-OPERATION FROM ~E PLANNING DEPARTMENT DOES NOT SERVE OUR CITY OF PALO ALTO. lrnE PLANNING DEPARTMENT IS A PUBLIC AGENC~ BUT MY THOUGHT IS THAT WHEN ONE GOES THERE FOR INFORMATION/RESEARCH. TIlE ATTITUDE IS WE ARE NANCY LYTLE AND THE CULT OF N1IJiCY LYTLE AND WE DO "'liAT WE DEIGN TO DO -WE CAN SUPPRESS INFORMATION. WE CAN DELAY YOO AND IF YOU ASK .'1'00 MANy QUESTIONS THAT COME TO CLOSE TO THE TRUTH. WE CAS EXPLODE IN ANGER. MAKE .r.1DGMENTAL REMARKS AND THEREBY CONTROL THE FLOW OF INFOR MATION AND STRUCTURE THE I~FO~~TION SO THAT IT SEEMS TO SOPPORT OUR PREDETERMINED HIND-SET. I APPEAL BECAUSE NANCY LYTLE CANE TO BOTH PUBLIC HEARINGS WI'l'H A PRE-DETERMINED MIND SET TO COMPOUND THE ERROR OF THE 1981 'VARIANCE" WHICH It\S GRANTED ILLEGALLY.AND ERRONEOVSLY BY MARIO SANCHEZ. A MAJORITY OF THE pre'IGHBORS SURROOIIDING 330 WEST CHA~LESTON ROAD HAD NO 1<NOWLEIlGE OF THE 1981 VARIANCE UNTIL ~ULY OF TfllS YEAR WHEN WE RECEIVED A NOTICE SAYING THAT YET ANOTHER VARIANCE WAS IN QUESTION WHICH WOULD BE IN VIOLATION OF A LONG STANDING PRINCIPLE AND OtlE OF TIlE CRilCIAL PRINCIPLES OF TilE CHARLESTON MEADow EICHLER Tl<ACT. Nancy LYTLE IS WOT A GOOD LIST!HER~ SHE DEEMS -IRRELEVANT ANYTHING SKI DOESN'T WANT TO HEAR. SHE IS VERY JUDGHENTALt i.e~ some students wrote a letter telling tbe truth about one of the flimsy complaints Jeske nses to support his ~ve to the -&tcrage bin-and sbe dismissed this letter, thereby waiving tbe rights of tbe students to be beard on these 18sues~ ~ .':t 2-0 S~D .tc:j4 There ARE ONLY 4 (~Dur) PROPERTY OWNERS WHO FAVOR VARIANCE (90-V-211 THERE ARE 77 (S EVE N T Y -S EVE N) PROPERTY OWNERS WHO STRONGLY OPPOSE THIS DESTRUCTIVE VARIANCE. ?lease note tha~ on~ frail soul signed on both .ides of the lss\l& -lie ca.nlt COUllt on ht.. tor :INch .. P1ease note ~hat OWNER 30HN SWEENEY WHO HAS AN ILLEGAL F~HILY ROOM DID NOT SIGN -NO DOUBT HE PIDN'T WANT TO BRIHG ATTENTION TO THE ILLEGAL FAMILY ROOM. qo-v-2-\ J APPEAL EECAUSE THE CITY SHOULD HOT BE IN THE BUSINESS OF FORMULATING POLICY WHICH W1LL MOVE JESKE TO 'I'HE BACK OF, HIS HOUSE AND THEBEBY VIOL.'TE LONG STANOING "PlI:INCIPLES OF PRIVACY AND SUNLIGH1'. LIGHT AND GUARDED AREAS. -rillS HOVE rNCREAS~ THE ~EAL ESTATE VALUE OF THE LESSEF VALUED CHARLESTON JOAD PROPERTIES k~D DECREASES THE VALUE Of OU~ PROPERTIES ~N CAROLIN.' LANE. IN OTHER WORDS H HAS BEEN A STEADY INCREl'!FNT OF ENCROACHMENTSJ~~D NOW NANCY LYTLE EXCEEDS HER AUTHORITY I~ PUTTING TH£ STAMP OF APPROVAL eN ALL THESE EHCROACHKY.NTS. I WAS TOLD BY THREE OR FOUR DIFFERENT PEOPLE IN THIS NEIGHBCRHOOD THAT TillS VARIANCE WOULD BE GRANTED. THE GATHERING OF THE SIGNATURES AND THE TWO PUBLIC HEARINGS WERE A FARCE BECAUSE NANCY LYTLE ItNEW IN ADVANCE WHATTHE BIAS IS AND SO DID THE PEOPLE IN THE NEIGHBORHOOD. ON HANCY LYTLE"S VERY FIRST VISIT TO LOOR AT THE SITUATION FROM OUR BACKY£ARD. SHE WAS ALREADY CAMPAIGNING STRENOQOSLY FOR THE DEC!SION WHICH SHE GAVE WHICH WAS TO PUT I~ A FENCE AND PLANTINGS. IN OTHER WORDS,JESKE HAD ALREADY HADE THE CORRECT "POLITICAL" HOVES BY ATTENDING MEETINGS FuR e MONTHS IN ADVANCE OF THE FIRST PUBLIC MEETING. HE lINEW, AS OTHERS DID, THAT THE BIAS IS TO WRECK THE EICHLER TRACT. THAT IS TAKING OUR LIFE SAVINGS AWAY FROM US AND GIV1NG IT TO JESRE# IIECAUSE WE HAVE BOIJGHT INTO THIS TRACT SINCE 1964 AS A J<£TIREKENT HOME AND AS A LEGACY FOR OUR SON. • in. -tl.a.. Ore CA.¥. .i ~Wrl ~"I ~'_I C:L4t.1 .( ),,~ ~IE.--.... -ho\d· ~ 0.. v ...... :1 ........ 01 f • ~ ~CA-I o.:ttHV'I~l.jt £04 A13~MS, e;L; s c.o-J fA t.J FRA 1)1) ~ J LJ tJ E.. T~ Ie 1\ L CoiJDlJCj ~ n.po-fie.L it. eo A3e.At-1~ UJ~ V')oi o.o~lo:.bt~ ~ W\e -t. s.t..o,....~ ~ 'r ~'se. 0 Vl -=20 ~ .,:C . w "".~ ~ L»~. ~ w ~7 ~o~~ AtJ.o. 1I...t. oJ., oJ e. ~ 'rvt '1. . .1'. c...r-f";n: • ~. ~ ~. ' ~~_ O~-I-·'\10 ~~. ...J'. ..~ .. ~CJ:.R ~ e.,.ov"" 1 -. I • ATIACHMENT 5 CITY OF PAlO ALTO 0fIk;0 of tho City C*1< APPEAL F;WM THE DECISION OF ZONING ADMtNISTIQ T<lR, ' , :. r : To be tied In dupllcele wtthln !en days from date cf decision r:A Zonlng Adminlsll'81ot 'Oil LOCATION OF PROPERTY: Assessor's Parcel No, 13:J. -''',--a 21 Zone O,,"rict _ Add..... ;5 30> {JJ t2. de.!N...-A"'( Namo oIl'rtJperty Ownel (!f other than aweI1anl) (;' ~ ~~ PropeiIY Owner'. Add.... .3 3" W' C4..Ju.if~ c2!q SlIeet -aty ~-I rIIOSOrIS slated in !he anachod len ... On dupl1ca!e), DaI. ' (/ -''''--1 [) Signature of Appella'" -?::0--;/-"'"''"''-l4,L-'-'-.!$!.,!C~~"",,'~' L.... __ _ ~ff~ PI.ANNING COMMISSION RfCOMMENDA T10N TO THE CITY COUNCIL: Dale CITY COUNCIl DEClSION: DaI~ _________ __ Remari<s and/'" Cooejftlons: SUBMITTAl REQUIREMENTS SATlSFJEO: \, t. 3, .. 5. Plans \.abds Appeal AppIlcalIon FOIms Len", Fee AI>I>=ed ___ _ AI'PfIl""d __ _ By: By: By: ~ By: ~ By: Derued __ _ ~ ::",".:'~ 'F:--:':'J~'.; rc Li:r ~ .:"' ~~ ~0 ~~ U \:1 ~~~ ~~) 1 Lt",,;,,;,; :j5,::~", I ~_' __ .~~.' i.,i,L i J i , We wi:"!\ 10 ap,peat Ibe In.ntina.of varianca applic.stioD No. 9crV·21, 330 Wen ChariUloa. Road, for the roUowill. na.JOft!:: I. Tbe findLngs wbjdl .. ea mid. do nO! .4'99"",1y :supPOrt the uagtin. or Ihe n,j'nc~ • 2. The wbole vtrjapee rlU',ro -ill become melDinrJen if "'1lIl0<'::'.'1 are ,~;ll~r. ~'-(I ;\.i; '':;-i~"\ll (litly do not meet tht ",d'nc e requinm.p!;!, i '~,,~ L~, <:!J I,~ j '~I.I L~ ~lJ! A !trid dlscu:aioD of the findings followa: I C( f I :f ~9'90 I . i The rint requirerolltD( Ibat mUJ,1 be Illet ta obtain .. variance i:s tbat (here }nt:ir,~.·+.:·>iT ~,~ I;~"I;·:''\.':''G i .Iom.~hinl UDusual .boul the properly that u.ds mitig.llon. i!~;;¥ " ~.LL ~ __ 2l.~ ."("Cording to the riDdings. lhe racl thet the II;pplicant'. h(JU5' is located on Charleston R".;J t, all "'exception.l 01' u_traordtnuy cin:umslance:-. We re~1 that t~ere are iOO many homes buill Otl Cbarl~ston~ on Middlefiltld. OD othe:-busy streeU in Palo AlIa for this to be COllsidered an extraordiDary circ-u:o:ulan.ce. Difficult.. ye.J. but not extrordioary. The second requirtHllell( ftlr Ob~.jDial • vaTian(.e is that the llnusual circumslltlc~ will result in hard.s:bip if not mitigated by • ".:riaau. Hard.lhip for 11:1e applicant is difficult 10 establish. He is reilly requuting a variance. b«ac.u: bill would like to add Ott to hLS home i~ "What he betines "Would be the most cODvu.ienl flnd jeut I"xpotllsiv. way. Logical, of COUT.se, but variances c.n~t be granled 10 neryone wbo wanls 10 seVE trouble or money. la Ihi! eas.e, Ibe 8pplicaat ha:s many "pfions available 10 hlm without a v.daon, He could impro'le the appearance of tbe storage ere. and use it as Ii storage lrea. He coold convert .11 ar paf1 of tlle lIarage-. whkk ;s • reasonable distance a'lllay froOm CharhutoD Raad, i-ato living spacl!. {The-old carport .,bkh. w.u remo .... ed could be re~lliJt 10 meet tbe covered .spac .. parking requirf:~ leent.) He c.ollld add to the size of his home at the rear without inv-\ding the 20 fool uea more thoa allawlXi by the 6 fed and lIalf Ihe ..... idth of tbe bouse allowance. All of 1:b .. se things could "be dOtle in tbe back DC .he 1001 ...... .1 from Cbarleston ]laad. The varifiD<:e i~ re.lii not needed, so there .is no Jou ·of enjoymeot of • sub~taDI.i:.1 property right" and nO rul flard.ship. (rncideolally. the Eicblers in this I!!re. kan a dud restric:tion forbidding secood stories, s.o that is DQ[ all oplion ill any cue.) The finaf .requirement for ;:he ,ra-ati.og of a varia"'lce is tbat it not be del .. iroent .. t ta surroundioll property owners o[ rf:!'I'identa. Tbe (indings .ay nothing about the fad thai lhdog .pace is alway.s cOluidered to be ~ more itlten.siyt u.se than slorale use .. tid lbal tbe proposl!!"d change would tberefore increase the impact on the neigbbors.. Another fenclI next tn the pre.seni ooe aod add.i.tiollal landscapir=g ia addition 10 what is in t"be neigbbor:s yard will tlot really help very much, A. already bad situa,iotl .IbouTd Dot be made. 9"orse by grf;-atin& 1bis second va.riance. To sum up. tbi.s variatlce should not be ITanted because-it does net meet allY of the three variaoce requiremetlt&. There is: tlO unusual circumstaoce, the hardship requirement far the apFlicanl has not been met, and tbe "ariaDce .. ould be detdmenla! 10 1he aheady .sllffering .neichbon. And ... e feel that it is: particutarly important that tbis application bot denied, for a 'alo Alto puctke oC &rantillg variaDcu that do no! meet "'IIariaoce requ.irement.!> will mean the end of tbe variance s)'.sll!'m. We need tbe protection of • properly enforced .system 10 keep Palo Allo a place 'IIIhert WI!!" .. ant to l-ive. B.ackyards ue important' 239 Whitclem Court Palo Alto, CA 94306 september 9. 1990 Ms .. Nancy Lytle Planning Departzcnt Palo Alta city Hall 250 Hamilton Ave Palo Alto, CA 94301 Dear :Ms. Lytle,. I am writing about the variance requested by Mr. Steve Jeske because I cannot at,tend the hearing on september 20 at 3 :00 p.m .. It seems to me that the Ysriance be allowed on condition that Mr. Jeske do as he has already agreed by installing a higher fence or opaque shrubbery or remove the windows for Krs. Monroe or sone other mutually aqreeable solution and that he soundproof his rOOll. The structure is there and will certainly remain. Making it as useful and attractive as possihle is in everyone's best interest. Sincerely, Eric R. stietzel ATTACHMENT 5 ::If I T , (1<r M'S1t.e,>e<"\~"tATI_CN' 7100-, f'fI? ..J~SKE" As 7>~'7e> 70, We /?IOJTLY ({,\.VE" DINt/a!. rM?r1f!S of 6-8 sue.ID. CUi -.,', Nancy Lytle Planning Department City of Palo Alto 250 Hamilton Palo Alto. CA 94301 Dear Nancy Lytle. r;--' , " I ~ \"1 \ ... ~ r: 1m t, \' I. ':c II ~J:" 2~ 1:J9U I::.L GIly f~·r r!A~O 24Q West Charleston ,-c?!alo Alto. CA 94306 'j \JrlY 21. 1990 V Since I cannot attend the August 2~ 1990 public hearinq at which .the variarlce applicat.ion for 330 West Charleston is to be considered, I am writing this lett~r. I request that the variance n2t be granted 1. Because zoning .should .mean something -not be ~varianced· away. 2. Because this block badly needs the back yard buffer area, since there is so much traffic on Charleston Road in front of the houses. 3. Because qrantinq this variance would set a precedent that would lead the rest of us on the block to feel entitled to enlarging-into the back yard also. 4. Because the immedia~e neighbors vould face the prospect of more noise. more liqht. f~om an area that would ordinarily be used fer trees or lawn. In other words~ I think it is important that our small backya~s survive as areas for sunlight, tr~es~ quiet~ privacy. I don"t want to see them gradually disappear. I want to add that I went ever and talked with M~. Jeske this morning + He showed me the storage room and could not have been more pleasant. A possible solution -Mr. Jeske tells ~e that he could build a small addition (6 feet deep end not more than half the width of the house} at the rear of his house without going through the variance procedure. This w.:Klld qive him room for a bathroom which he wants. And it would mean that ~ are following the existing rules, which I would pr-efer. Thank you. Sincerely. Jean Olmsted • / ~~CIEIW~\ID f,UG 071990 , DEP~RrMJ:~j Ot j\N1I"rtf; 0 Ms. Nancy Lytle '..In Of PHO n1 August 1. 1990 Palo Alto City Board of Permlts City Hall Pdlo Alto. CA RE: Bu1kI1ng permit for 330 West Charleston Road I am wr1tlng to support the granting of ftnal app<ovaI to the plans of Mr. Steven Jeske for completion of the Interioc ot a rear room at 330 West Charleston Road. I own the bouse on the east side of the Jeske lot and. therefore. am nearest to the room In question. It Is my \/lew that a useful well-cared-for bouse lived In by a ",sponslble owner can only Increase the value of other properties In the neighborhood. Mr. Jeske bas shown hlmself to be energetic and resourceful In improving a property long In need of work, Wbat he proposes In no way alters the size or shape of a structure that has been In place since we moved to our property next door In 1972. Indeed. It Improves that structure by making It livable Instead of vacant and useless. In no way will tlnIshIng the interior diminish the lIvab!lIty of OUr adjacent property. I urge your prompt app<oval of this project. Sincerely. /. / Mary S. MartInson 290 West Charleston Road Palo Alto. CA 94306 • )I'..s .. Nancy Lytle ~oninq Adainistrator City of Palo Alto Dea.r Nancy: 351 Carolina Lane palo Alto, California 94306 Auqust 1, 1990 ••• ApplicatIon for Variance S30 ••• t Cbarl •• toD 20.4 lto V-2l1 I am writing to give you my input to steven Je.ske I s varia~e application~ I do not 6upp¢rt approval for this applicatIon. I aapathize 'With the explanation of hardships and extraordinary situation.. How9ver, for the folloving reasons I find the13 insufficIent to warrant granting a variance. o The existing structure currently has a poor appearance, encroacbes en the neighbor livinq directly behind t.J.'1e structure, and is not fitting with the style of similar homes and additions. Eichler hoaes are designed, in part, to live and fully utilize the llackyard are... That is why the design offers very open views too the hack. The view that the nearby neiqhbors have is one of a poorly designed and unkept addition. o Moisy neighbors, which I also share with Mr. Jeske, are not a compelling argument to qrant such a variance. I s~9gest other solutions such as calling the police and complaining to the neighbors. o If you drive. along Charleston Road I helieve that you viII find a variety ot housing situations. However, in general the keepinq of the homes detracts from the value of other homes in the neiqbborhood. I believe. that variances should be approved if they are improvinq the value and appearance of the home and surrounding neighborhoods. This Application, in my opinion~ does neither~ o The initial variance required. the area be used for storage. I probably would have supported that specific variance~ However, I do not support the compounding of exceptions to what I believe to be tair and reasonable residential buildinq guidelines. I all in the. process of finishing an addition to .y property. Prior to IItarti.nq the addition I went throuqh the riqorous review process of the Planninq Department and have built within the rules. I belIeve that these rules are to benefit all of the neighborhood l and althouqh exceptions should be granted, they should be for reasonable requests. I find grantinq a variance at odds with the City Planning and Approval Process that myself and many of my nelqhbors have gone through. Cranted, doing it right is a more expensive process for homeowners and mora of a hassle~ but it provides consistency in construction, appearance and housing values .. since I have offered a fairly harsh opinion of the proposed Application, I viII offer Baille suqqestions that may offer SOIRe alternatives for Mr. Jeske. I believe that consideration should be given to the variance it pl.ans are drawn and approved for exteri",r remodeling. If they are drawn out thoughtfully the appearance obstacle could be manaqed. From a visual inspection, I believe th'lt the exlstinq structure could be _Hied to accoaplish this. FUrther, Mr. Jeske should construct a privacy fence that protects the overt appearance of the structure from adjoining neighbors. I believe trees and plantinqs .... ould help out. And lastly, I will help and applaud efforts to reduce, to a reasonable noise and fr~quency level, the late niqht hot tub noise extravaqanzas trom our student neiqbbors. In closing, I vas not one of the naiqhbQrs contacted by Mr. 3eske. I believe that it be contacted neighbors who have gone through the CPA planning process and have built ~dditions, he may have found ae5ger support. Particularly if there was a visual inspection too. All I want to do is keep our nelqhborhcod lookinq great and ! look forward to 8upportinq Mr. Jeske's revised plans to do so. Sincerely, St--2r-~ stan Dunlap • 1 August. 1990 MS~ Nancy Lytle Zoning Administrator City of Palo Alto Dear Nancy: RE~ Application for variance 330 West Charleston Road (90-V-2!) r am opposing the grant of this vari ance (90-11-21). I have owned 331 Carolina Lane {vith a ccmmon re3r property li~e to ~30 ~. Charleston Road) since 1964. t am the ceighbo~ who has the light (Morning sun) diminished by this illegal structcre. I am the neighbor who bas lived through the years of the problematical Monroe owner ship of that pro!,erty. J have vitnes;:;ed the history of this illegal structure. I hope that I furnish a .. "eighted opinion because I am the most CONTIGUOUS neLgbbor to 330 West Charleston Road. This illegal structure has not existed for decades; it has not existed for two decadps. Jeske's effort to rely on his neighbor's word that the illegal structure existe~ in 1972 is inadmissible HEARSAY evidence. If the precise time that. t.he illegal st.ructure was built is a criticat i8sl.i.e~ then r am re>a:dy to bu.y AERIAL PHOTOS @ $50 to .$75 per pboto~ TOM NORTHROP of PACIFIC AERIAL in Oakland can furnish a baseline photo vhich was made in May~ 1975 (AV -lIS8 -19). That vas Flight 19 flown in May of 1975. There are othe~ flights before and after this baseline date. IF THIS ISSUE IS CRITICAL AND J DO PURCHASE THESE AERIAL PBOTOS. I WILL SUE STEVEN JESKE IN SIW,L CLAIMS COURT FOR THE PRICE OF THESE AERIAl. PHOTOS, BECAUSE THE BURDEN OF PROOF SHOULD BE O~ JESKE TO PROVE THIS OUTRAGEOUS STATEMENT THAT TH!S ILLEGAL STRL~TURE HAS BEEN THE~£ FOR DECADES. Some facts on ~he illegal struct.ure in question (storage bin?): ~ev1n Monroe (or carpenters) put up ~n unpainted attachment to his house in the late 1970's to house animals. (At one time he may have had a goat)-WlTt\OO"T A i30\l.t>1~6 P~Ii!t-1 11": The structure was so cnsightly that in a:pprox. 1976, ve hired students to paint it. our expense. Kevin Monroe had a bad temper & dogs which broke through the fence 1et.o our yeard several times. He made an angry conf~ontation vith De. Given that & the fragile state of bls mother's emotional health ve adopted a -hands orf~ attitude. Other longtime residents know of this situatioD. An ~FTER THE FACT variance was granted to Mrs. Monroe in 1981 - SEVERAL YEARS AFTER THE ILLEGAL STP,UCTURE 'WAS BUILT. That variance violated the 20' setback requirement. AND IT WAS FOR A SETBACK OF 6' ONLY'VARIAt-lCt s~cULb Nor Q,.f'e}. t.\T5 V ~ __ _ • 1 August~ 1990~ page 2, re Appl Var. #90~V-2II 330 W. Charleston Facts about. the illegal structure (continued): A CONCRETE FLOOR HAS BEEN POURED WITHOl1T A BUILDING PERMIT. (HO building permit could be located in the file by Joe Colonna and Rich Cabrera on ~ July, 1990.) Nov, in Augustl 19901 Jes~e is atte~pting (with a web of circum stantial argu~ent&) to upgrade this illegal structure vhich is in VIOLATION OF THE 20' SETEA.CK REQUIREMENT FOR !NHABITA.B~E SPACE. o PIN ION: THIS ILLEGAL STRUCTURE SHOULD NOT BE LEGALIZED. BUt IT SHO~~D BE TOR N DOW N. There is legal precedence for this in Palo Allo. Two previous Zoning Administrators have ruled on garages that were converted illeg~lly to inhabitable space that the illegal building be torn down and the g~r~ge statos restored. According to Joe Colonna in Planning. this informatlo~ is not readily available from archives there because the variance bearings are not indexed. J know of tvo reliable men of int@grity in Palo ~lto wbo have information on meetings of record and these decisions yere outlined in those meetings. THE CODE waICH REC'OIRES THE 20· set-BACK FOR INHABITABLE SPACE SHOULD BE ENFORCED TO THE LETTER OF THE LAW. ~'ek ~4\'....."h "'HI '2 ....... ....:.-... c. ........... -t .......... -I.~t' ... ~ Je-s'lce lett.~I (,:hiti!1 18 March, 1990) r8 VARIANCE" 90-V-21: . .... There ;Ott!" '110 I'!xtri'lordinllry CirCl'1I'IstanCf"5 IIpplyinq tc t.be property i" (']t1o!'1I1:t.ion--ltxcept lh.t t:h", tie", O ... ·leor-i.!ll att.eapt.1ng to c"Ipit,I1lize on the fae-t that \I". ~.;ve bean tor .•. nu~~r .o! .rear II ver)' c:o.rl'PlIs!l;1on~~~ ~o"lr,:! t1'le. ____ _ problil!'lIIlJt:icill nature of the pre .. ~o\.ls Monr~e o.:'lerl5~ip_ All the -circu.alltll'!"oceS vt-.ich--J",sl<"l? tlse}t!'! 'h-fs-"Io"isnfuI t~ln~~n9·ya! to support ~ia cl~im o~ beir,g ~xceptjo~'l are eorH:lItionlll -... hie',", -existll!d :at. t.~e tir.11;! he purcl'J(!seCl 1:;11"'----- property_ The c.Hdjnal rl.lle CJ~ CAVE,),T EMPTCR:'E OIp;:;lie.9 vn.en bU11~; property. Je5~.-hlld-a-ce6pon~ibLlity to infoc~ him_ self beror~ buying and there vas a p~r:o~ rcl1Q~lnq ~hen ~e ~. _ could hav~_r~scinded"the_$ale. Charle$tc~_Ro~d_w~s_"Qt_v1~en~d_ during H,e Jesl\:e 'Owt'lllrstdp, The "Cit7-oVr.e~ bt.o~f~~ strip 'ii! .ii::fiJa'i:Yvi.oer--o:'l t.he Jeske" pro~rt7 tbar. fcr adj~eent bOU5~S+ I bave a~ 1~a6 a~rlal ph::lto to .!hov Ilanc! Lytll!;"""". ~'bStU'F Oif""} ~ i,\\til..~ Je.!llke knew of the second story res.t.rict.ian._ .le tr,e coven.&nt and its restrict1an beforE he bouqht the ~ouRe. The-re u'e 1U1l1 'hollses on Middlefield 20ad and i~ c.t.h~r ~e-19bbor~oods in Palo Alto wbi=~ ~ave si~ilar situatio~8 to th'!! Je-ske propert-y. '-BTj"-pro-pe-r-t:r Ee-'ilut"' Ilriiql.:e. - The l.at 8i"£e <In t'he Jl!!ske'-propertl' is ~rprox.-6044. Th'.lt-III"-- 8t.~ndlr~ tor t~~ area+ Th~re is n~ hards~lp on l~t. size. LOT COVFRAGE~ O~ page 10 ot tne ~7~ning GuideboOk" t'her~ is _ .• ___ .a __ defil'li.tJ()1131t'_1,ot_ co-..:~r:,.ge .• _ Cons1der11'l9 .Se~I:", 16_.,12. O~g __ jb} __ _ and Sect+ 18,0(.0]0 (a6) an~ 19.88.110, the gr4nting ~f a .. , __ v_lr,~,!~.!'~~~~CF:Et: T~~?:_~~WF!l:r..r:;~ P!fl:1H'T'TEn !N ~-l ~.nnf:'.e. ___ _ FLOOi AR~A RAT!ON: It this virlar.ce is g[lnte~. t~~n the Je.Ae pro~ert! ~ould violate t~e FAR require!ecnt. E:!IlIent.illlly. J ... ~'k:e is 118t-in9 f-O" I V1loriance i:;Cl up_gr~~e an flIEgll __ 5tr-ucttlre to fr.habtta~le spa,:,'!'. ThaI: is asking tOo. build il:. becallse at pr ... se~t it ~ay be II stcrage bi~~. J~ske'3 d~rjniliol'l ot s ~prope[ty right" is l~a?fnatlve and II blatant cas~ of yta~rul thinking. P.e wis~es ~e baa more 'Pl·Dper'::, " hf"s willing 'to ·U!li!" the-noise c,r n .... !'luden!:1iI &. th~ fact that ~~ nive ~en co~pa$!liona~e tawar~ the proole~& of the.prev!ou. avnera to_u~grad~_the value or his real.~state eitber a5 II multiple dwvlllng, cr to tur~ if~r [~: ao~e ~oDeJ D[ generallJ eo capitaliE& 00 the (~ct tha~ugh~th9 property • whl~~ had bee~ ~ondemne~ ~J Public Health ~epartm~nt. ·We.-aa the-i.c!j .. ~e-nt neighbor. wbo have beeo de'Prlv~tf -:If the f~11 enjoyment of our ·whole" proper~r right.s s~ould now bE t.he rOl!!eipl~~t_8 of our equity. Ill-ather-wo[ds.---equity-£hol.1ld. pre-vai! and restit.ution !!~auld be m2lde FOR OUR 'o"F.GPSRTY R:mR'tS • . . / 1M Rtc4 ~o~ \ '"3, \ c..,o......... j);' .~ ~1 ~{,~~ ~ "g.2 '''FOM, to "'"'' ,ett", V1~ ~et,;E! "h1lr<lship5i-."t.,icb Jesll:.e ml!nt;.ior'lS lin! min'_'SC'ule . com.p4red t:.o lh. hardship which 'We as t:.h!O llIt:;ost cO:l!:.lguoc's neighbors ~dV~ e~eured. ! have tried to be dls~rect and compassionat. sbout the neighbor's plight. On b~!a~ce, our !l!H~lIh1p fer oViI!'r • dll!'C<IIde f"ar outveig'hs this IInit"ing in this lqttl'!r ({.or t'he profit !rIoth:e) ';eslte "wishes" th!\t Eit;:hler toJd :built more .su't:6tar:tial hOllae,. We ~11 lIi£h that. Ther-e :h. !:IO hacd3nip there. ~here 6r~ other le;~~ and equitable remedies to spedk t~ the iaaue of noise abatewent. Ha3 Jeske even tri~d tne :'irst ",t.ap ot trying to r.~.Qt~ate with thil!' stLlder1ts'??? TIle st!l~al1tlS are bl!!ing used flere. ~Student5" Ire a11o','\Ys gor,d for a b'll11 rap. In my opin.lo01., tfle Cit, shocld not be ir. tne b'ISH1~~S of' forlllll<=:tin9 POLICY vhi-eh ,",ould sbUt Jeske a;rOling to U,e illegal .tructu[1! and allow bllll to apgrade i~ 70 :rH~ "DVERS~ AD~~T~GE of our propprty ri~ht5 _ the ~cst contiguous property ovners. Ol.leat.iorp Did Jeske pour the-cell!ent floor \I':t'ho~t a b'Jilding' pe-clI!it???'?1 A~cordin~ to Jeske'5 le~ter; the ill~g61 structure n~s ~ partiall7 leaky rOof; it ha3 a~ illegally pourFd concrete floor. ar.d generally, the str~ct<lre vas built original.ly for an !ln1~1 abelter, ar.~ tbe propertl VIS ~o 4esint~~rijtlng t~at it Y1S cocdenmed by Public Health and Jes~e probcbly bc~g~t it for a greatly reduced p~ic~. Since the $truct~[e is 111eg~l and 8ub"tao(Ju'(!: in every way, vby···not teol!r it ~O\lll S. COl1for:a tQ the co~e and the 20' setba~k require~eot.1? Tbere's qualifring 10ll'l.gl.lage in this letter about cantd<::ting t'l',e Delghbor5 fer the-ir approval of the suggested p[Q}e..::t: i.e...J ~non8 of the~ 3re bothered (WRONG) & Je9~e has spOkeD to thp "one-s I've managed to find 'holllf.! on ;,eekends. \/1'10 will aO!l"ver the door ~ My chart snows quite it different ston. (Tello ... cnart ... 1th infor;r,ill di;;'grilill of tne C1)ntiguous :)eighboca.)t-' .see There 'has be'ell GROSS Aml BLATANT ~G"'TIVE "'lSG"~'-" IMPACT FOR OVER ~ D!!:CAIlE. Therl! is ~o impro~ement posaibIe from this &ch~me e~cept foe feSkl!!! -the1:e :fs 00 Il11prove_ent pcssible for the 50tudEnts or tl'.e cor,ti9~ouS neighbors. We cRn see the stcu=ture and It interf~re$ with s~nllqht in the morning. CFl)oto to 6110\1'). 'ile are g~ossly of!E:nd~d. 9istorlcillll.I1, this structure haa ~e(l; an!igbt.ed. For several lIonths, t!o • .-~ th", structure has b<i!'t"o llght.ed in the E',eoi!lgs. Tllis ioterfere~ with .y eOJDynent o! ~y p[~~~rty rights. A vary !<'P<Pciillll ir:ltegr.u "qualit.y ot the Eichler" i-5 t~e ·Frar.~ LlOyd ~right· concept of indoor and outdoor connected -uninterr~~t~d 5pace. 1 ~an cnly enj01 UJ PRIVACY and the indoQr/outdcor concept of space if the zoning require~nt of th~ 20' setb~ck :! s en forced. I brought up the iS8U& or the lighted illeg~l structure to the buildi~; ingpector (Rich Cabrera) ~nd t~ Joe Colonna. reqaested If they have in8pected to see ~hetker JPSke~or Yboever .. ill warll;ing illegall! t.o Lipgr~d'e the ill"'tJal 5truct. ure , ..J. to inhdbltable .aPdce. fi~ ..f1...L. ~~l' 'ut THE EICin.ER ARCHITECTURE HAS INTrnJlJT OI'iLT ~ FI,,II,l\,'!iHiG J DE'PAR~ SUPERVISED UPGRADING B (:H1'1'ECTS 1fflC'1 IiORK '-"1':'0 -) CA-I\J PRINCIPLES COPlSONANT 't'(l THE OR[GINAL Ft.J.NNINGt1i'P:ESERVE rm;e • COHMI"L'HEN1' WilICK W'E K1tI'!! TQ THE CHARL!S10N MEADOW TR~C1'. I ST90NGL! RECOMMEND ~ STRICT !NFOPCEMENT OF THE ~ s~tback REQUIRE21.ENT . • IP.. I ,; /D6 (1-4. q'S/' .,., j'-,\;;c cC:_~~,~ -_,-,-_,_,,_,_--,-,-,,_;,;~=== M.s. Plidn~)I Lytle ;0:01\109 "dmil\is';rato'" r~lo AIle. CA {City ~al:) !)Par NiOney' -.. ~icb '1.5 wtnq {"'ol'lsit3end COl" ~int,ablt~ble sp; .. ce~ (tn violation. of the 20' s£tb~ck !equire~ent for inhani~acl~ s~)ce.) Your leok a.t the ~storage bin" 1s OIorl:.~ iI thousa:J~ words t .. l~<!~ 1:;4CIl: ilmd forth in II pLlo1i.:: t,ea.ring (.<Inti you did' ob.'lerve-t'h"lt the Ini-ddle obaer\'ation '!.\'1d that the S'lpporti.,g dl'OI~ir.g Ewbllitted t:.y Mr. JeSke 8ho~s that pcrtion of the-~5torage biQ~ to' be 9' 1/2~ ar.~ in _1 opinton t~at real!y underr.inas Mr. J~s~e's credibility. That stat~~nt adced to others 'n ~is ~~tter of applicattno shows thOit bls persistence il:l altencHn9 plannir!g meetings tor 6 !l'cl'1ths prior t.o the public hearing On last Thursday, 2 .'ugust, :'l90 meOlnll to De t~at ~e nas ~ vpry eo~~ercial interest in th~ property at. 3l~ ~~st Charleston Road_ P~r~a~~ he has the oltimate plan of I rl'!'pe./lt, that oI0.<'r fOLlr ¥a.;lirs of legal tz-aininq, r a~ :r.ot sure 50. WHAT TIfE ,HNDI~G Of A JUOOE IN I. COl'R'!" OF L~W 'lfOT]Lr. .... : .. nat '5 vl1at legal contrc..-!!rsy is all about --the out:::r:om! COIOrlot ~ predicted witll any cE!"rtainty ur.t.il all t'!1e evid€'nce i.s taken_ believe fin&11 t.hat cc .. ld overturn that 1981 ·Io.rl.a~cl!' 1!1 a court of laY_ I KNOW TH1I'T A JUDGE .. :JUL'P NOT '!!~ SW}o.yED BY THE 5TATlIT! OF LHUTATIONS lI'I OVf;!!: _ TURNIN'G A ~Al) DECIS!Qp.J. THE ME,,'E rAC'l' 1');;10.1' THE STATUTE HAS ~llN OOES ti"0'T' ME1IlIi THAT THE DrCrSION' ::JAS ... CO~IlECT ONE THIIT SHOO1.0 NOW !E C~POUND£n BY GRI\N'T-ING Tlf":: 'N'E_ .... ARr.I,NCE -gO(-:I~nd ~b..) ADDITTON' THEilE lS THE n:iY ARGUABLE f'C1NT OF THE ~ ... dis<:re~~fI!;'y. l~ O'fH£'R WO'!lDS, If YOt) IlR~ COIlIlEO:T Hf ~~Hrr"lNG THAT "rm=:: ~stari'lqe SU'RROU-ND1N"G peOPf:.R'l'Y Oll'NERS AlJ.r': VERY OPI'OS'ED TO ! .. .!:...l: Of' THE ~ND NOT JUS7 T~E 11" WHICH IS ILL~GAL BY ~ STANnARD ... YOURS OR ':'HE PP.OP'ERT"t O\l/NF.i<S (LDNGl'TME OHNEilS) 'IIho OPPOSE !'HE NEW V[J,IlIANCE. THE ~PPL1CANT", JE~K~, HAS NOT ,sffOWN l COI'!PE'LL!NG }'RGt;I1F~":' ON THE 1lN'IQUE'N'ESS OF THE tOr. TM lat hrl't co a. llill. it is tu~ . . ' ! i t.ell -11: On tlniquliI.neli:2' o! i'I lot whi<:'h iJoul~ justify granting ~ variance: no WlIst Chariesto'l ROlld IS Not 11 tll\.RRCW t.OT ~1K~ ~ CN!OUE COLLEGE TE~RACE LOT TH~T IS 25 teet wide. 330 VEST CHARLESTD~ RO~D 1S DEPR~SSlNCLY typical. 3)0 West C~~r!estoQ Roa~ i3 root bisected vith .. creek: )30 we&t Charleston Poad has no ~ulliql.lO:! t.c 90 Q'ra p,!;51ike • steep hill '--i"l fact. t~ere is no bill, it ia fli'lt_ i tel!! '2, Ttlis is a ::-epl8';"t, ~C"'l.lse I have elrellCly vr!tten en t~1. i~5ue ~n the material vhic'h r 6ubmitted CQ 2 A'.ig':!lt. 1990 public: hearlnq. Ther~ ia ~o ~reductiQn in developme~ potent tal ~ at 330 West Charlesto~ Road. ~r+ J~s~e ovr.s • let of s~a~dlrd size i.~+ 6044 sq. (eel. H~ ~a8 other cEmedlea to .pe~~ to t~e ~nol8e reductlon-. A verI basic re~edy would be to speak to the StU~~ftts. HAS MR. JIS~E ~RIED THE VERY FIRST STBP OF T~YIN~ TO NEGQTrATE WITH THE STUDEI'o"TS' 11' 11 it_ #3: Ir the varil!lnce -'90-1'-22-ill graoted, it Vll1 be VER~ DrtWIMENTAL TO SURP.OU~DING NErGHBORS. I am submitting oa~. of long-time propertr ow~ers in the 300' r.dD~OS of J30 West fhar19ston Baed and I a~ 1n proc~8s or g~ttinq more signers. Mr. J~ake'8 StOitelllll'!!r.t 111. the letter of' 8pplicatioll that thll'!! 5 COlltiguous ne1~hbors "are not bothere~· is r 1 ~ \ r ~ \..1.-"BLATltNTt.T FALSE: AND UNDERMINES HIS CRtOIB.t!,ITY n r>t' ~ ~ THIS PROJECT". ,J~ ~:~:; ~=~ ~~~~~EO~~;~~Ngo;;~~;;T~II~~~~i~~ei~ ~~~S~~:~ETH~ .J 1!L-JPt14l!.J~ OF OUR PR9PEWTY AT 331 Carolina r.ane _ '\I'e are the nest cootiguous yf nJlUlfom"ERS-Ah~!!H.E"'~RS. 'WNO iiJLL BE N05'T Jl;D .... E~.sELY AFFECTED. THE VER! SAtl!:N'l' CONCLOSICN ]S THAT'T If E PROPER"l"Y il'JI;t,O!: OF 3Jl Carolinil t,31'1e WrL~ B~ DIM I W I S BEn by this CONVrRS!On TO r~KABITAB~E SPACE. AND THAT IS It GREAT P~RI~ENT TO OS il$ tbe ~OSt eontiguou~ ~.... ~"".L era i_ tbe rqument th~t ·pouring money illto the neig~borhood ta opgra~e It The p~e~&nt cooteNplated c0I'1~r6ion ~o ~aste~ bed~oo~1 ~th f~ll. un~~r the c~tegory of ·moditie~ Vlne~ester ~ou~e~. By bi. own admiss~on, at public h~aring 00 2 Au~ust, 1990, the applic~l'1t ·3eske "can ~ardly pay the a¢rtgag~~ Th~t does not leaye any .aney to 1,lP9radeo to lifinchester H'Ol1Sl". ] foresee open tnHlches and a 1lte5S . . t.b«t 90 On ad nacsemn vbil. the appliclnt yorks at fUl.I tilll~ emj:>loYlllent and cOllvert~ to innabitl!lble apac~ on a ~art-ti~e basi~. That vcul~ add in.ult to i4Jury -rollovinq the p=Dblematical Mon~oe ovners~ip. Neiqhbo~a have watched while Jes~e s~ift~d around lots of blue pla~tic bloving in the vind 00 tne roof of th~ ·stora;e bln" to try to stave o~t rate l.el~lng on a gab-.tandlrd constructed root ~( t~e ".tora~e bin~. Given Je9k~'s record o~ attending pl~nning meetings for 6 mDctha to tr:r to insure s.ome ki:'ld o!' Obligation Or! ttle plJ.rt of' Nancy Lytle to grant the varfanee, I foresEe open trenc~e5 for ~onths, vhile Jes~e eache6 hi:aself te de pl<labirl'9' and wi.ring. (] wisb to el!l~hasjz.e thlt I do not belfev~ that ~ancy Lytle is cnd~r any cespon~ibility to grant a ~ri~nce just because Jeske has Ittended ~~eting5 (or 6 months.} T cepe~t for p.mphasis ~"It this has ror yQ~~S been an iov~sion of C~r priv8cy as the .ost cootigUCUB owners. ?lelsc take t1_e to re-read .~ argumer.ts qiven at the end or my leg~l pages SUbmitted 00 2 August. 1990 hearing. Those Ire our reasons Cor tryir.q to enCorce the 20' s~tbac~ ror iobabitable 8pac~. ~ancl~ yoa said !urther that -as you saw it list ~ue$da, _ Jeske co~ld con",'ert t.h. north faC'e of the "storage 1110· ..,hicil is .:. present • wooden tacade -that could be converted to qlas8 ~ Just back ~ of ]31 Carolina Lane -'ND TH'EN 'WI! R£1I.LLY ~~~~~~~~~~ .. T I , , -! ... '" ..... ; <':<'..;'.}~'; -;".,;:. '"'...~ .-~. '.' .. '. -_.; c ~ __ '" • . . , .. ~-·. NU1C:y 1.1'1: le PJ.~l", !)eP"~_l'It hlQ AHo City Ib.ll 2:SO aa_i1 tea ... e ""0 Alto CA ~3C'~ St:b.,i ttec! by IItt L!.J DJivl ... 340' Tello!!':u,,!!, Lane hlo Utoa 01 9'1301 ;,bOlt. 493-'~8 V r. dII -'" t'avor quati=g • va.ri.aJloc.-alIowillllJ u. eoaYIIr:'a fOQ 'Of a .tCl~ ~iaf"ll CbW.1t-Ltl pan. nub tlM u..al ;u toot r.ar yard: ~l ht", Uvinq -. ~ fewr vrl.illt1~ t.he varl ar.c:. t.o allow the p~t. .-tor&q'll!t .hed 'to be _rt.ed into liviDQ s.s-08. c-ta ____ 0 __________________ _ ~r do .,. t.-var gr~tlnt" a ".IrLII_ aUov.tn;J tllII ~r.iOCl lit • .nJ»r-.qe .t.r-leb,lI:a (bUll'!:; 111 part vitl1fn the uaw..l ZO f'QOt r.r yard ~) into l.1viftg --". ___ 1 r~ ~r&lltL'Iq tl.oI variance to allow u.. ~t .-to~ shed to boa c:GmI'Iorted iato Uvi.n9 space.. C~UJ: ________ _ 'G!oY' _: ..fvL!.-v·~ C7. 4->'9¥& ........ , ~ Brrh ~/Y/ • '00; Xl do "'" r.vor o;nlltino; .. vaJ"i.-_11_1"9 r.n.--==-Gr • .rtQ.r~ .cruct:l..\nl (lMI,Ut. 1110 ,.rt within. t!Ie 1I1!!l1&1 20 Coot ~:-:rani 'pK>fI) into tiw1.1'19 -~. ___ I i'a;.lQ" qr .... UItq tlIfI var!.r.e. to .Ilow u.. p~t .tor69' shl'lod' to be conwert-.1 illto l.lvtnq ap&ea. IW~ f"1I!:1I!:1 it ""u .c·...,.... t"t tbi!l .be-d to il.DV-I' Men b\.lU t ,...:I • .ro",. ir>t the ~~: yu:1u1clI! to have life" ".nled 'n 'WI 'or:nlt " stN,. !hto bu.iLihr.1 1. u.r,e I.ftd obitruc:tI tl\e "iew !"to. the nei&;hbec" b;ac:1I: y.rd. Ondn th.iI! ~ne1lt reqltu::ed 'I',uiuu;;t' it could !at \l!ed II • UNI! '90' Witb 1jrht eM "elM Vi",,, 'i.,a,op.el\ willdOWll. Le~" liCIt au-II!: lor. ,trudr bad .ituat!.~ IfOrat b.-chlo,,&"lni ih use to 'VC:! =~. IlIa. AJ& .... U.U ... DlIYtS . 1ocIcln.U: 34<4 TmMIIS5U tANE. PALCALm li]06 .....:!.....-I do aoor t __ grantlZlg' I YU'i..-Inowlllll \M cOllverdcm of •• toT~ rtroctun CbuUt. l!a pnt vi'thia tbe ~ 20 loost: tMr rani ..,.oc.i-hto IlvlZ1q ....,.. ___ I r~~ grmItinq the _rl..-..=. to .11_ tlMI preMat .rt.ar ..... '-bed to be COftWrtad 1~t.o Jiving-~. ~u: I nltttfK -:m/llW~ 4:#1" oV/,!f Taur _: AI/;lVtYd rile-SneNTt~L <{I{IJlll... <?;= mxPII /-i Jh'WI4~e Go'lz~? ·IN.'N.,2S t..!,.t'E A ;(I?pJT n/,Jr/9KB: Jto:k1rs" : <IN 9 tRill(/£ 33() ~I de iID'I !~ 'SIr-antinq a YU'1~ dlawinq-the _rdoa Cit • n./:n'1I9'I .t..nICtUM! {bu:i.l~ h put lrithJa the ~1. ~ root 'NO' janf ~_l into llv1aq ...... ___ I tCVOl' qr_tll!l9 tbtI VIIr-I&hCII c:Oft\I"eI'tM illot4 11"1 .... ..-,... e-au: d L--w~~_' ...... , '. ___ t do ~ r&~r gr-.nt.LI'I4 ,. .... rl~ .Uvorinq t. ... C~:-.tOfl or •• 't<)r~ atrueture ('b..IUt. Jq part. v1UtlL u. ~l 20 faet ~r pnl ~) !nto livimq -, 'fi r (aVO%" qrantitIQ tM v.a.rlano. 'to .U_ tM prelloBUt storA<JB .be:1 to l/e; ~rted il'lto livtng ~. c-"ta: ~4 8-<,I.!I:&,...: AJf..<4"~. ft:C~r.p ,,~C?' .• q~';'~ r, h4k t., t i/,,,.,. • ..; * Aki '7' B,"""; d,{V".;:r ,~o-t ""'7""" rour ~: '2f~<d ;.. V( "/~.6==w=f~ , . Pd4r-..M~ :~ duuOi&,f! prJ ___ I !Sa IlO'I! raYO'C' qu.ntbq • \I1Ir!~ .11.c<rlnq tM c:_ .... lcm .r •• tor-.qa .truet>xa (built ill part .,U.bll1 tbe tllllI,-.l 2.0 root eM:: ;pro:I ~l lllot. livhOQ ~, ___ I ¢a .01 !n>O~ ~illV • var1..-.-.1low'~ tJ. eocI'VU"alO1l. or • atooralJl! ~ (built. 14 part v1thl.1Io to. -...&1 20 foot r ...... p.rd: .-p.c.) lato llvlnq Illpol1011. ~1 lr.ror qrll"ttn.; th.-val:"~ to .Uaw u.. praaatlt .t.o~ .'Mod t", btl OOOI'V'IIrted iato lhi"" IJP&CII. ~ " ,-, , . c-nt.8: lel.( -f!{(-1.'e gNct~ <1't d~ /..{ c./J""! __ {ro././-L-. d;<fc''-''-_ /lJdtwn,' 80/ t'~,,(n..';:?i? 9''/<<# / ,-?""h4.v :n:"" ~Z:,~'));;Z<;;~ ... ", J,lH-/Sn , ........ " ~I do ~ r.vor qranti~ a veriano. allovinq th8 CODVSrsion of •• ~orage structure (built in part withia the Ga\l&l 20 root rur yard space) into living .space. -:t='. ~"""'" vtpGfcA ~ ~~ .... -t.,.., "'~I'\c.J-;~ ~ ~. ~ ;.1 ~ ~ _""'L1J,"'-r -...w. ~rrr.-I../ '>'\ ~ -"6 ~.a, ",,11 .. wcJ, ___ I [avoc granting: the veri.nee to .Uov the pr...ut atoraqe shed to be convert.ed into Uvinq space. C ...... nt" J C!''''~ .fflt ............ " ;:uo hH pa,uy 65 THE ZON,I/!; • IIIIU.b"""', l"m Twits your .... ' C..,...~;....=~OH-=iQ!L ____________________ _ Add .. s" ~! ~;+c:;.l~... ct ( 3 !.k>c.i.s ....... j) Pbone' 1?51-:lJo~ 3~-16'" ~i tlv ~ r .... ..:..r qC6.4tin.; • va:d~ .1l~'i1l9 the eom"!!lr~ion of a ,.toraqe ~ atcuctute (built in part within the ueual 20 foot ~ yard spece) into liviDq ~pace. ___ I favor q:cantillil'i the variance to allow the pre&ant atonqe. shed to be converted into 11 ring: space . • .J,lfDi>'-.# 'E '~ItJt/Tf' u.Ji(A..", rtltC,hll'nfI/CSS nwc£ t"o ~f>se. rtfI.;.~ EPA'':'.·'' .. 'n4J .. .e;...T ..... f«<.~D~,Q.~ we 9'''''E~F t ,-.-........ C:T. r-,,-4"T rM .,~I&.~1. ;;;;;+;:IiQicl~.t .7',.4"'';1 A#l(A ~<f~..o "'~1 fflfll~ "£1"; "4~ Tour naJAEI: A1ol.l.#1,U €A,JJA~r A. E""w4tA"""'. D&oV'.Mf • .1 . I.dd:ress: XI do wm favor ;rantiDq a variance a.lloviDg' :.tructure (built 11l part vitJilia the ua\Wll 2D toot :space. the eotwe;r:slon or .. storage rear yard apace) into livinq ___ I ravo~ qrantiD4 ue variaDC8 to .Uov the preaent storage shed to be. converted into 1 i ving .space. a-nt.'_-'4u..:../fo.Jvw,=..,.QC.".#>1rxL"'J--O-_________________ _ £015.~ i?e.. t~ ~'----~T~~--~------~~-------------------------------------'4'--''-'t:.''--'-'--'''W'''-'-I-='-'''IC'-'''-'IE~.::tJ~7'-----pbone , ___ ..;4;.Jfl-4.:......-..:.{..:..7"'3"'J'--· Mdnuul: y /" 7 e.jr ... , /,AA",H.. )kWv'o ~s~ .. d 5. ~~~ ~ ()ct-....I ... Jkv. /let i ,;J. j}1tt. ZSke. fils dr./~~.44 ~ ~~: .. 1k-'IIj~ ~ QS 6C-vI .. u..-.jJI ~ ~ " d. rI.t-IJl'YI 1 4.-~ f. ?d-t~ L:, I....,s ~ '1. '1tu S IS a.5-r»Jh. ~ .u...:.~ /k (""'"VI ~dtl :u.J, ~ t.....1~ ;t........... ~A.v-r 1 l41 S").....-vI5 ,r)(:j..~_,,,,~ oS IA 1lU1..A-evV. a... -It, ills! Au A> I'd st.J"I/; ~~/W;t..rrvv>" t". ___ I do IlO'l' tllVOr vrantihQ • nrhnce a11ovill9 tbe cODVeuion of • atoraqe .tructure (built ill part vithill the uaual 20 foot r .. r yard. space) into liviD(] .poco. ~l favor qraDtiaq the variance to dlov the pra.ent lJtoraqe .heel to be coaverted into livinq .-pe.ce. ~b: ________________________________________________________ __ ~ III .~ ~ ,-. ;:l :> , " -, " o 0 ., I'l ,: ,,' ~ o • o " o e ..... 'l. •• , m 0 > , o 0 g ~,., I , I I I i I ' . , .". _" _ • --,C, "< I , IJ I ~j I .c ~ ~;l <- ,~ . vi :'-1 , c r-: 0 t; r) • -. ~-. . ' -~- • ~ C\-\~aN DiJlrlclllilll:l .00 ."pi .. ~;:'~!flR B"'it~~~A;;;C·~~~~--;;;-··;:m<i----;:'~'-;;---- 't", \l SEP 121990 .r;'T,~ '""t ~ I Ul "171 Of PAlO SIlOVt.O ':'1113 IIAR!).,',oc£ BE CRM."1'tc?,nn" :t~tend Ii h"lIIrLr.9 h~lC: by lfu,cy LytlE or the-P lanr.i ~ t.epi!rf'.-.ent IfI,l: t-hnn 1I",,1oc\ on Septll:llWor .or), 1'1;0, '::i ty lie: 1, bo=c:auS<e )"01.: can! what blllppen:ll in ~'JJ: nO' !ghborhood. ~.1_ rro. ... .19Il!w::or', N~l: ran <)t atoraS', ,11,.::1 .. !'Ii!:"h ertlllldli fro. bole" or ltcUH lit J.HI iii Ch.a.r! •• tcn Tholt ovn<ec: of tl'Ie bouse. at ~~, .,. Cb4:c lelltcln luo., ~ated • vlet,noII to allow 'hi. t.o Conv'IIrt tJle rtor..-:.:t~ It.UCIled t., the ~ tr<n iO: at-Dr"'" _hoed aut..u:ll to I 'vi!¥! 'P"''', , n • .rtor~ tll«J (abo\.lt no .-qui", r .. t ill ,1ze, vrepped: til. bIw:t. cor tbII 'jJU·aq. aIld: alollq QQo! 11d1! of tlJe ~) _. oc1qi1UlUr built by ,. COr.8l'" ~r 1I1t:hD<..-t .. bulldll"1q pendt. In 1:091 a vu.l&.1lee v.a. qu.nted I!mO~IH!c: uwner aU~iFlq the leg .. !. =e of t.he .bed .,1 .. at.on..ge. :IIl:.ed. tr-.a i 'S1J~ nov i .. 'OIhet.nu" at.i 11 IIWt.het OIltIMU" iii"""':" be .. Ilov.c:l ~ <:on"'llrt the :IIton.,e .hed t.o Uviog .&p(.ca. ~ u ...... Ot! the J..sau. ia h,portar.'t !o .n <>f "'a I.s r.ru.'t tl\.e ahoed i'l'''.&<l .. " t.lla 2\l r~t. .~ ..... th.tt by l:Ol1.inq tav, w.o. certain ."O!!ptions. 18 dli:fined IIlI an a~ • .micb should !1.)t. boI. built oJ.P<:In, The .. nbul j t-OQ IICa& j S pa::t Cor ".Ii to AI to zconlnq I,,,, ao<l -:flooI :£ic:lllec vi:si'.:n. all area t.llat provide .. q"""'Q "P'lC!!, ?f".vacy. pl..ce ror pl.nt..ll. sun, Viti .. ",' •• rod let ctaUdn-Q to play. III this cu .... !li:r.ca thor shlld l, GnJr , 1(2 feet frOet tht. lot line, t...~ ~io;:hbo["11 =_ wl.'ld01r.l .nd .. ,db Jrll'tead . n~!lt of you .. ho ar .. 'taad.inc;"l thi.! ."..,y be th.ill-.iQljl "t would 111te tn .acI""'Q.II t(l lOy I>oo.l_ too' or ~t.et the poor fIlan do \ffl.at. I>lI .... nu to de .. It.h lIi, FroP'erty. ~ {lr ycM.I -r be .aylnq that. the "'flrhnco: ahotJld not be 9I'lI.fttr.4 bo:.calJn.1: yo .. t...,r t.h<t pt"eC6dent. tiKI: VWolue-t.1:!e :roord ~. or beQlou.e ""Z.ollilllJ dOlla not ... '" ... ythinq .I r !O ... call. qet. • vui&llce any ti_ :lOU lUI,; tor it.". 'to b:dp y.::u dec-.I~ vhat. .hould btl cicH>A, r...:t tJle requl~ti I"or abtalnlror; a I,IfIrlaDeti ¥bleb follow all<1 deeld.a vlJ.at.hef" tills requeat _u tha v.t,riar:ce raqt.;.ir_nu. To obt..aln .. I,IfIrian<=1i: tile. "ppH",an1 .... St. ca.on.lltr.te t....".,t.: a. 11Ho~ are ,_ptl~ .... \ or .. "tnoon::lin&ry c i. relll!Ostan-e ... Qr cx:nd:i tions .pp: ie.bI. to the prop.Hty invoh"E<1 d:O'lt do lIot aPlll~ goI!rn!.r.lly tc prc>~rty ill the. ""_ cl1:strict; ... to. the qr.nt:in.;: of tlte .WHc:~tjon .1a nec"3'S&ry £p~ t.1' •• pre"H·vation lind -=-:\0:r-nt: 01" • -S\Ibat4rothi P!·c?"n.y right of the "Wl i~nt.. "Old: til pre"lnt. cn.rellaon4bl. property lo~s t>r ',lIlnec.I!ssOilry h.ardllohip; .nc! e. n. qurotinlil 1)( th .. oIW1l<::"r;ob .. ~ll 1I0t be. det...rl._nt.l <>r ~njllriO(J.s t.o p~opert.y Dr illlpto",_nt.a 111 tM vicinity. Ind wi U. n"'t. be dllt.ri_nt;ll to t.he pubUe hoI.41th, .. r.t;y. qen .. ral _Irao;. cr c~"""1",ne. Thl tc;lf0\01r.q c~r:t.lI Ire by ;."r. cl",st-c:l oppg.Iinq til. -qrsl'\unq ot 'r.b.. "6rielle •. ~ .... pllinee:! in ~ Pal.o .It(l Zonlnq • G.lI~1t ror the l-l P:opect-y OvlMr &114 !ulll!er, c~.<1 Cluc reqc1r_nt tor the 'Jl".lfltinq <:or .. va£iln.c. !:s thet th~ .pcc~.rty ;:!\IJU. !!"'\l1 ::QCI;~Il:.h1i\9 unique. about. ~t "blr.l'. vockl • ~rd~ltl:> t::) the cwnl-C. 1:1 t.his e.'., there is TI.<:>UUnt:l unll.illual Ibctl!. ttle le.,:. ucept thl ;;Mgt«) .. dy'ptMlt at be11'l9 eUO'lOed t-~ t:taz-age In.a. by • ptT"i(I'IU vuiaru:;e.. t!'le l<:lt i:I til •• tand.rd HI!. [_t 1n 1.1\9t2i. nd is 55 rut. 1114 .. , iS~ of t.he Clierl,ut-:;n lot.;lI nearby lice ~l ("t. or 1.", thl 'h04.: •• 11 si t.a J:5 ph •• ! .. t. rr-. the stdtw..l" julJt. Uk. other R{chi.a'" or u. s ... iI>OIHl built. _arby on C?l.adnt,gn. Thl ~t._"tgcy d.-.cs rut.t1::t.1ol1 Ind the lOll of l .. 'ld In (tOll.t of tu hOU:lB i:No=-u", or the IIrddltnln; or <::IuIchnoll applr ~.u;11:r ta all u. Mo1qhbQrlnq Charlln.an E.1cbht.s. n-. s~ requ1~Qt 1.s eh.at. • b.l:tUbl:> 'IIOUICI be. pl~ upcICI. eM oltr,ar b.c1 ... H or tbI WI.i.q<"n.S.t ot ~ lot. if tt. vari.~ "!"to DOt: 9:"S!1tec1. ~ 1a 110 !lardlhip. rM QVn.U ria jUlit "yip tlp 'P'Slal. prlylltq1 or U:II 1.hI;' t.be .st.ocaqe .bed I C the var11_ (er l1vlllq .IIp6C-e 1. not ..,unted. T'bc tiRoll1 uqu1~t h ~t til ....... ar:i.:lCOl not lofIO~k .n, .fIVi~tal b.u:Jah.!,p. GI'l tJM, Il;IJQ.'II!IoU. III-~J~on to tileir lou of' r1n1fto1;hl .... aluili. Cor t;Mir property. UI. M.r _1qlm~:n __ lei .-ut rar .. ton .tn "!IIj~nt. ot tbolJr ~rtl' -• Iou 1.1'11 prl-..-..cy. Jo~=-~t !rNdoll rrc. 1101 .. and hqll~ C,t!ilt!!4 l:y =-OIMo:le UviT'llq s ... lI .. r. IIooe o( t.n. t1Ir .. r-eql.li-r-..:.t.s COt obtaI:!;i"li • Vir lanea ba""!: ~1I Nt. -our b6ck yard ~p&cI is iIIport..lnt. lI,r.r til tht. at~ p.g .... to~ PIr. J ....... c-=--nu i r:I "VOt or qr .. nt-i 1\9 or en. .... r iolnca . .n.nft _.- I;" " .... j,;. I'r" .l.!"IS:e ra aaalR wn'll ...cI" t:ntJl.. ~DG ~a:EGII. CnT DLL. ~ z.~ -U :J:~II .'CUIC& It Y<lO.l ea..a. _t. attu!d ttae t.arf.II9. ~ite to " .. ncy t.ytl., PlanniDq" tItrpL-t.elllot. hlo Ale. City SaIL 2511 ~~tton. Pllo Alt.o, 0. "lOL Or ebec:t _ ctMt1-=-blllW a1M2 sand: tJM ."t-uc:lIoId (ON te CIIl ~l<111ticn, JU TenIlOlB_. Palo Alb!, a ~4IJQ~. ___ [ .so -.o'J' ravor qrarttl1llJ s v/r!.nc:. aUo.rlnq t:ba ~r.l 011 or • .t· ....... 98 .t:ructuu (hlilt ill. part ritt.ill. the ~l 20 f'oot r.r )'lord! 8p11K>a) into Uvt~ ~. . ___ I ravar qr-all,t.iDg" tH variance t:J .1lov tMI ~t:. .toraq. ahW to be cocwtrtad: illite Uvill9 IplCoI. O"'nta: ____________________________________________ _ :' four _: ______________________________________ _ ~.: ---------------•. "' .. ,,------ ..... - -'1. 330 West Charleston ~oad P-.lo Alto, el!. 94306 • J.an O~te4. the edltor(?J/publi.her(?) of the Charleaton Ra~ showed me the d~&tt o~ this issue, part of Yhi~h v.a her point of vie~i he~ stateme~t. She asked fer mine, too. I was surp~i.ed that what is e,sent1ally & difference of opinIon betv6en ne19hbo~s would be r •• son tox this i$.ue~s publication. ~s I later said to her. I ~ould b~ that the purpose of thi& ne~sletter would be to bring the neigohborhood together. not to split lola apart ~ But I quea., my choice 18; see only the other point of vie~ pUbll~hed, or both. Havinq houses hundreds of yard. away from mJn~ not be bothered was not a choice she was willing to make. I apoloqi~e to any of you who are bothered by all to1.. It wasn't my choice to politici~e it, th6 way it h&. been. Ther'! has been & lot of incor~ect information and assumptlons about tily wanting to reMOdel a room of my house. For instance, wben Jean Olmsted first came to see me. sbe thouqht I was a renter, that a developer owned it. I own it, it's the only real •• tate I own. I'm an electronics technician; I've worked in Falo Alto for over six years. I live i~ it, and have since early last year, when r bouqbt it. In a letter Mrs. Roberta behind me wrote to same o£ you, she seem. to think it ia a flaw that I have only lived in the neighborhood for a year and a half. I doubt that any of you £elt that way, when you'd lived here the .ame period of time. Nor do I. Nor is Hrs. ~~berts cor.ect vhen she says I may make my house -a multiple dwellinq.-That would be illegal in a single-family neiqhborh~ like oura, and all she or anyone els~ who not~ces sucb a thinq, anywhere" need to do 1s call the city; they will stop it. Part of ~I. Roberts' anger 1s ag4inst the voman who used to own my house, ~~S. Monroe, and he~ son. She railed a9ainst her at the public hearinq, deacrU>inq how abe tl.sed to keep qoats. and so on. aer fee-lin,-}s towa.rd Mrs. MOnroe are understandable, but none are relevant ~o me, or my houBel as the zoning administrator tried to point out to her. Another incorrect &a.umption is that my addition is illeqal, that one possible %:esult of this public bearing is to get it t.o~n do ... n. It is legal, a.nd 'has been since 19a1. Anycne wbo vanta it torn down should have spoken ap at the public hearinq held' on the matter back: in 1981. I doc· t know when the addition vas ~uilt, or ~y whom. My neighbor next door said it was here when they moved in, in 1912 (and so wrote ~he city). ~ll I know ~3 tbat my house wa~ built in 1950; that room in que~tion has been part of it for a good many oE ~bo~e y.ara. It makes it u~ique, I vculd quess~ Some people think you can't build a ~r.t of your house in the 20' rear 5etback area. When I showed Jean Olmsted the Palo Alto pamphlet saying people could bui~d their house 6' out into this setba~k area, up to half their house in ~idth, she tbanked me, saying something about maybe having the batbroom she~s always wanted. But unfortunately, halE of my house is about 21' and my room is about 25' wide; that's one reason why I need this variance, those four feet extra. rt also poke. out 10.5', not jest 6', so I need the vaLiance for those 4.5' too~ To me. 4.5' out of a lot depth of 110~ is the sort of minor exception that a variance 15 meant to deal ~ith. Another incorrect assumption some people have is that you can't have plumbing facilitie~ in accessory buil~inqs# as the city calls them. You can r but only two of them. So if I wanted to bu~ld • bathtub and toilet in my room, I could, ~1qht nov, v1thout a variance. But because I ~ant t~ have ~ sink too~ I need tbis variance~ • MrSl~ Robert..s stated at the public hearing that her living room ' __ indo"'! h05ve f'\_O c~~t~~ns ~r dr~pP'5. ~~t~inQ t~ hlcek ~ l~oki~g in_ To ~p~ ~hi~ 5~~mB !ike ~ .:_.":' __ :Ii \;.l,.. .. lI 5o.iveO,. _=sl.'::~s :.:'--.a "~·Jl.OUS -.'';J. 'rr • .r.Jug;l "fl ::"r-~t"-.r:r:.l",,"';'l.C:.'::i :.-_~ offered to b~ild 4 taller f.r.~e, install cpaque shrubbery. even remove the vindovs on her side. as a condition ol that variance; evidently she ~asn't lntere9~ed. If she chooses to l1v~ h~r life in a goldfish bowl, I can see why she would ~ unhappy. thinkinq ~f people lookin9 in at her. She ~rote the c~ty. -the Btxu~ture ha. beeD 11gh~ed in the eveninqa: this int6rferea ~ith my enjoyment of my property riqhts.-?a10 Alto is a lighted city, I'm afraid. There is nothin9 to stop me from u.sin; my room for a di!~erent purpose. if I don't get this variance to torD it into my master bedroom. You can have thinq$ like wor~~nch.s in a~cea8ory building~. perhaps some of y~u do. Think of it a. similar to a garaqe: you can't sleep in a garaqe, but you can do lot. of other thinq8 there. I think the Robe£ts· vould be a lot happier if my room wa~ a soundp~oofed bedrooms even if they ~~y net admit it yet. My largest bedroera is about twelv$ .feet from. the living room of the heuse to the West of me. When th~ drummer i9 practicing I can clearly hear it. even threuqh ~losed window. in both houses. So I am planninq to soundproof the room I am askiog for the variance on. I am certainly villing to have soundproofing be made a condition of the qrantinq of the va~iance. Not only should FoundproofiDq protect the Roberts 1 from any noise I may make in ~y bedrOOM, it vill alao protect me against any noiae some future occupant of tbei%' r..ouse may mak.. ! estimate that the Roberts· l.iving room. is 5;bout forty feet away from the wall cf this room I want to make into a master bedroom (and tbeir bedroom. tviee as far. maybe). Hine ia torty feet from Charleston~ To my way of thinkin9. I am improvinq the neiqhbozhood as well as my hous~~ The room·s exterior is very run down, long i~ need of attentio~. If I qe~ the variance, I plan to totally remove the boards# inatall a layer of quake-proofin9 plywood, then re-install the exterior sheathing cefore painting 3nd so forth. It should look a lot better. both to my Lmmediate neiqhbora as well ae me. Hrs. Robe~ts says she th~nk8 it will decrease the value of her property. I dis8qree: I think my remodeling will increase her value. I could go on, but I haven't the slightest idea how interested you a.re in all this. Palo Also required zr.e to qenerate the address lllbeis ~hich thoae of yo·..1 living vithin three hundred feet of my property received on your postcards from the city. They didn't make ~ talk to anyone, just pointed me at their address book. But I went &round. knOCking on doora. talkin9 to those of you who were at home. tellicq you ~hat I had in mlnd, askinq how you felt about it. and so on~ Lots of you ~houqht it vas fine. I eoaldn~t talk to eve~ione. and this neve letter is qoinq to ~ ~ch wider circle than three bundred feet. But if any of you are ir.~erelted. one way or the oth6r~ or juat curious. please contact me. 1'11 be happy to t.~k t? you. answer any questions you may have l 1isten to any auqgestion5, have you come over to look at it~ or whatever (after Labor Cay week). My phone number is 424-1314. My guess is that most of you don't c&%e about it, one way or th~ other. You might even resent being bothered. To you. I apol09ize. again. Thank.s • Steve Jeske ;.- ~. Nancy Lytle, Zoning Admlnist~ator City of Pa.lo ~,lto;-250 ea.m.iltor<; Falo Alt.-8-, CA $4301 Cea.,r Ms. Lytle: U) G U 'L~~ ~ \.. :< ijll llil :1"" ,"d ,7" ~ ~, . r I live or own within 3{)O feet of Steven Jeske, .... bc 1 \' s • ...i:!p t.{lg l00l¥'~e O,,,"TJS at 33-0 Nest Charle~ton Road. so I I:eceived a postcardt.f~~cMr yo\:,. a'1'?,:!''-\.hc City of Pa.lo Alto. It notified me that !.h~re would be a P'ffr -;:l1.eSolDi1n8 ~~ning his applicati~n to get permission to remodel an existin~ fr~IY1l~aaa ~bJa~e room ~nto a. ma~tex bedroom and bath, an inhabitable room, and that I rr~y come to the puDlic hear.icg a...'l.d be heard on the matter, or write yOy or c .... ll you. I wa~n't able to come to that public hearing. I don't know yet if ! will b~ able to come to the next public heari~9 on the matter, on Thursday afternoon, September 20th. I may net fj~d time to write you, or telephone you at 329-2321, to convey my fee.linga or. this matter. I knov that if your approval is granted, he ~~st file thorougb a~d cGmplete plans with the city's housing and planning departments, whicb will periodically inspect the progress, making sure t~e plans are followed. I'm Sure you r~a~i%e that as a resident of this neighborhood, 1 am concern~d that all such remodelings are done with sensiti7ity and considerati~n --not or.ly for the owner~ but for the neighbors as well ~ If tbe city feels that a5 part of its a.pproval for his bedroom., that he 3bould build or re-hl.!ild a fence, '::Jr make plantings of screening vegitation, or must ch~~ge the interior or ex.terior appearance of his rOCI1:I .in an:,' manner, I know that you can make you~ approval condit~on&l on that. I have fa~th in your expertise in this matter. And I'm sare the re5ult won't be detrimental to my neig~rhood. If I d~n't find time to come, or write, or call, I am 5ign~ng this petition to express my feelinq that S~even Je~ke ehould be per~tted by the city to r~mode1 his already-existing, city-approved lega~ storage room into a bedroom. Thank you Lor your consideration in this metter. (name) (your address, and any comments j.'ou ;'!\2Y .... ish to add) %~ 1,(/ o~ (t£) '/'Rrll- Jj~!I [DeL L. r-Jt1<j Prt~ jfu Q q~y( "I.!V!J ~~~/'(/iJ 9YJCJh J/d,A/ ;5tdl",,-,<-;f1t A 7'}t3:JC .- ~. N~ncy Lytle, tonin9 Administrator ·:ity '0£ :t>alo Alto; 25~ Hanti.lton; Palo Alto, CA g4301 ~ ~ ~ [1] W ~ [W SEP 19!990 Dea.l: lb. Lytle: (' [;:,!', ,°'-1,11,." r,;.,',ii,:;'Ai I live or owo vithin. 300 feet of Steven Jesk.e, .rho lived 1i~ the ~f'fV h~ lo~ at 330 'West Charlestol1 Road, so ! received a. post<';.!lrd f::-<"JC'l you and the City of Palo Alto. It not~fied me tnat there would be a public hearing concerning his application to get permission to remodel an existing already-~egal storage room into a master bedroom and bath, an inhabitable ~oom, and that I ~y C~ to the public hearing and be hea.r-d on the rt'.atte:t, or write you or call you ~ I wasn't able to come to that pu.."'";.1ic heari!'lg. I don't know yet if I ..,ill be able to come to the next public hearinq on the matter, on Thursday ~fternoon, September 20th~ 1 ~y not find time to write you, or telephone you at 329-2321, to convey my feeli~9s on this matter. I know that if your approval 1~ granted, he ~st fi1e thorough and complete plans with the city's hous:.ic9 and planning departments, whieh will periodi~ally inspect the progress, makinq ~ure the plans 8~~ followed. Irm sure you reali~e that a~ a resident of thi~ ne~ghborhood, I ~ concerned thac all such remodeling:! are done -,.,ith .een:s.it.ivi.ty and considoerat.ion --n.et only for the owner, but for the neigb~rs as vell ~ If the city fee1s that as part of its approval for ~s bedroom, that he sbould build or re-build a fence, or make p1anting~ of ~creeni~9 veqitetion, or ~2~t ~hanqe the interior or exterior appearar.ce of his room in any manner, I know that you can make your appr~~ conditional on that. I have faith .in your expertise in this matter. And I'm sure the re~u~t won't be det:imental to my ceighborhooe. If I don't find t.ime to come l or write, or call, I am Signing this petition to express ~ feeling that Steven Jeske should be permitted by the ~ity to remodel bis already-ex~stinq, city-approved legal storage room into a bedroom. Thank you for your eonsiderat~on in this matter. (na.tre I (YO"JX addres.s, and any cor.ments ~·ou may wish to add) ~fo w. CL4~in{ ~ ~(qE, Lv Ch>.rk::,t." rei , • 11111. )IiIalilC)' 'yt.ll/' 1I')NDlG AUlIlfiS't"I.Q'nR. 8i~~~!lco"1.eI0n P~lo Alto, C.l!ro~i. Vari_nce 90-v-.:n J'C w.,t Charle.st-::.c. Road Palo ~leo. ~alifo~i. 9~Jo6 : ,. Thj:s no"''' .... ill .s~riz. ao.tae thoug"hts T hav .. on .!IeF.rz~ i5."U"'= .... bich v.r. t~uch&d on .. t th8 c~t~uat1ou Public ge~rinC me.t1~e on 20 ""g"'telllber. 1.990 (VlU"i&.llca 90-'i''421l. These i,:sue. ,,·er. not d.1I1cus=-eC: i'ClllT~ I believe t~a1; the.se t5SU"S "-ill n" .. d furt.her di.scu • .si~ .a t~i~ c .... p~Qc •• ds. Th .. r. l.!l .0.. ecntu"""_on about the location or 'the t'er-.CIiI .. t t~. C04DOQ rear pro~l""t., libe t..t_en ))1 ~lkrol1.!l4 '..a.lJ • .an.1 thtt '130 Ve.t ~&r1 •• tQft ~c.,d prop.rtT. Tt h&a bewn aur«eated that the f"IIIDce 1" '!lot acco:..tr'&t:ttly placed on th. ra!l.r property line &114 .. 1:.0 t ~ pre5ttnt UliId.r.ta.:ndI~ ie th.at the 'Dotio'D II'lzy b."va bee-D advanced. t.hat the loc.tioD ot' th. ~anc. may .c~ount For the di.cre~cy b~twe.n t"t-.e di::tput.J 1981 .a%"i&nc. e1_f'"_22 ttlli.s va.r:I !Ul.Ctt i. very ~eh in dt.,P1lt&) vh1'-:::' :st.t •• that "the "atorac. bin" on the J10 ...... ,It l'!harl •• ton Doad prQ~.~ty i. -larsl-at tee locatlett oC 10' 6" Cr~~ ~be r.ar or~Derty lin.. ~~ ~5.n"t roQue5ted .. ria~ce 1~ ~or .. ~riane .. vhleb ~la~.~ tn. -5tora~. bin-.. t 9' ~-~rcm the reer proD"rtT line. I 1r.nov th .. ,s. r.eta to be true about t:lUI {"enee: "nlat f"enc& ha. b'liIIl1 in tb9 sam. location .Ince 196' 'When vw teek ~OSI.I.1on o~ the pr~~.rt7 at .3:11 Carolina r.1.o~~ f"I would allow ~.Qr • eli ~t:repancy 'pouibility in b~ part of ~h. Conce V&3 rebuilt 10 1980. Th~t 1_, .,3 7 Face tho renee TrOD tb. back or my bou~e it t. po.aible t~at t.h. f"enc~ vaa rebullt in 19!O ~o ~h.t the ,~ portion o£ the rebuilt Clnee ~a ~et rorwa~ int~ ~ _ the ,11 ~~ollna 1an. _ proPerty. "'HEN THY. FENCE VAS ~EBVTLT ~ 1980 _ a portion ot tbe old te~ee va. Ieet atancin«. 80 that it appear II tJuoot the rip,t pOI'tion ot tbe tenee 1& stationary and that it has balll"l1 i~ the .... place at l, •• t since 1964 vhe~ we took secupLncy oL )11 "arol ina Lane. ~.1RE..I rovrrw; rr.. 'to I.RGU)I: TtiA.T El_~ 1'1ii':HES OJ'" THJI! -o::roRA.!';S !In:-:r.q I t L II: G ... 1. t."'JrmI:R,u,'T DlTEllPRrl"'T"Imo 'ND 1'H"-1' rERT£TMLY THERS I~ GREAT Dlqp~ OVER THE L~.LITT o~ TR% 1981 "VAR1:A.NCr:-To b-e br.::l.gt~ ras.ny of tlll ".re l10t Uo.ti.:!:t .. d c,£ t.c. .. publIc:: m.et.1~ and turth.~ th •• ttorneY wbo had "pover ?f attorney· ~or Mrs. Konro. in 19~' ~.i~~a to _st.bliah • c~~e ~or the "Y~rian~e· .... hicb va~ ~ted ttrroneou.l..-by Mario 5ancbe~ ill 1981. ~e R~l Zoal~ Guidebook It_t. ~&.Il~.a ... "the last TiI,ort-. That i ••• varianc. i_ auppoaed to b. ~.ry dir~ieult to obtain. Th~ burd~n or Droo~ i. on t.hll .pplic&nt to •• tabli.b ., ".ry per--11· ..... 5:1..-• .c::.~. ~or ~t!DC a v.r1ance. lh. attorney (or ~s. Yonroe tatl_d to ~o th .. t ta. 1981 ana Hr •• ".sk. hal e.rta:tnl-y railed !a. bi .. att\!J"'pt in t9qO. Tb.r. b.,... be.ll •• vara.l .l.srepre3e!ltation. :III Kr •. Ta:;k.'. prll,u':ltatioa. H..-ly. h~ r.~r.aQnt.d that n. 9*:ld .Jl'.Ooo r~r J}O ~.at r.b-rl.ston Road" loe;tead" or tb. il1:'aet. lI..aIeun"t o~ 1281,800 vhit::t1 h, paid, l"REU A.JlJ;-'''Uli ntn' 0'" T.IVX r:ONTIGUt'ttlS HZlr.HlY.)RS YHO RAn: V"Y::;l" ST:lU',,"i"; 01VJ1:CrIC"lNS "1'0 THE J"lfES1:NI' VARLl.'lfCI. 9O-.Y·2J I &lld Villi &1 t~e 1II0,t n""ptlv.l,. impact .d: nei/li'hho-ra hay. A "W.IJr;htad C)piaiol1. ~CI ~V""-\ S ',,, Oo.-i Q.... ~,y 2\c.L...,. R.~ 'C41-'\ :''31 C>--vJ~, ... s r. -«(;""1 i " « - <Rid4 <Ro&nt. 331 C!c..dino. .LanE. Palo dllt<>, C!c4 9tl306 13 August, 1990 Dear Charleston Meadow Property Owner: We need your support in opposition to VARIANCE 90-V-22. Steven Jeske, who has owned 330 ;-Iest Charleston Road (since early 1989) has requested this variance needed to convert a ·storage bin" (WHICH IS ONLY 9' S" from OUR COMMON REAR PROPERTY LINE) to a master bedroom/bath (& possibly a multiple dwell ing) • THIS WOULD BE IN VIOLATION OF THE 20' SETBACK REQUIREHENT FOR INHABITABLE SPACE.) Please sign the enclosed (& return) IN OPPOSITION TO THE VIOLATION OF THE 20' SETBACK REQUIREMENT FOR INHABITABLE SPACE. We h;lve .been told by two reputable realtors that THIS UPGRADE TO INHABITABLE SPACE WILL INCREASE THE 4 . VALUE OF JESKE'S PROPERTY BUT THAT IT WILL DEC R. E A S E the val u e 0 f 0100" pro per t y a t 331 Carolina Lane (we have the common rear property line.) '"~~£iht. (0 W N E R S S I N;C E Rickie Roberts George Roberts 1 9 6 4) ( n'f-a.r,~,,~---·· ~. ( I ~~ -.:..:'::~:.---------~=~. .. ~T(J.\,..otT'''''i~T .. i~l'JH ___ '''' o III:'I!COfIo'ING' __ "'''''''''''''''_ DONALD L CLARK. County Counsel JOANNE HUE. Deputy County Counsel • ""'~'"U~'" ©~ .. I 70 West Hedding St .• gth FloJr, East Wi~g, San Jose. CA .. t SUfERI-OR COUAT OF CAlIfORNI.A..COUNTY OF "J, 21 P:1. 0.9 :S1'I'oUTJUXIfIlS5: 191 North First Street oJ ~ r'O_ .. 'OII IW..-. .P_vtJJ.k-liu....a.r.9J.M '9 5 '1 1 0 f), • ~ _-: ""iOO·U~: -same- C""'·U;OYCOot, San Jose~ CA 95113 I -1" .,' ~srA~~~~:"l -II -\j)'L. ' I MARILYN MONHOE aka MARY l n-l MlH~;:;:OE aka ~IA.RY . ;',--:--- E~ MO~mOE. 0 ceCfDcN< [LJ CCNSPWAHE 0 ,"~I"'O~ I ORC'ER CONFIRMING SALE OF REAL PROPERTY j "H"u,,",m I t 0 A..::'~_~_~~!ng Sale of Other Property as iI Un t L t 123.??. __ . ________ -1 l nea""gd<lte: 1i24/89 TIme: 9:00 3.tO.Depot; 2 Am: "OI'1fic.cm,{JI~"·!:E I THE COURT fiNDS 2. An no1~Cf!S re-QUire-d by I"w were g'rven O1l'1(1,:rf fe-qtlired" tJloof 0 r notice 'JI sale WoA made. I b. rn Good rea5(1n e)u!r;teo fO' lne 5,ale I D tr, ,~" l~ J L.J I -, I!, \ I J. ol.D Sate W<J~ iJUlhorlzed 0( direcled b', lhe ..... ,~ ~ fG (N r: n r1 r rj::--.1. of (h.e propefly comll1only desc,~.as f5rreer acdre.'fS or frx.,Jriar.J: j \ lJ:V 300 W. Charleston Rd .• Palo .Alto. CA j U t.U G 171990 I; 4. The sale was Iegolfy mJde .and f.airly corn:tuct.ed. D;::P~ Rr "'. I' "", '.' ",: ',',~I' s.. T~ co.,rirmed ~ai.e j:lrk:e is not diSproportionate to tne valve of the pro~e."T,:,. .~ • 1 ~y __ ~_._"_'_'._J_f_' _c'_'_·_·_~_l_1_C_. ___ J11 6. [iJ PriV31e sa~ The !!mOO.Jnl bid 15 9C % o. r morl! 01 the 2ppra,sed 'IIaJwe of the p. ~P-I f 0 F r' A L I) , (!rYy as iJPPfOised WIthin one year of the dale of ,"'e Manng. 1. An of/ret e~cee1:lm; the amourot Old by the S!attJlorv pe-rcentagi!!S L_~ o caMot be ob!a'ned L-:xJ ..... as oblarned in Open court. The 0 fI~f compr:e:;. with O1~ a;:l pi~c.ablp!: law. B. The person~ repreSl!1'"lutive Ma~ mdde rea~onab1e eUorts to oblain me hig;'C$1 and tleS1 price r,,!;JSOMb~i "tt<l~nable for the propM\l. THE COURT OROERS !t. The safe of rhe 1l"0111 prupt'!rty te<.;a!\y des.t:l·bed CiJ 0" re\.f!rse CJ in A!lacr-.."er.! 9 o ind olhe' prcpany sold as a un:! deStnbed C~ on Ulvcr.;a 0 in Art8chment 9a i:! conrllmed 10 (n.,me!: SiEVEN E. JESKE Imanm;Y of vesting title): as his separate property for the saJe PJ~e of: $ 251,600.00 on ~",e f{l~o ..... ing term.s. '~"'~~!(f.um:n m~~:6:'Xx1.n~;: osh See attachment I lO. Thcpe'son;JIrep,'estn.tilli"~(l'ldme): FREDERICK C. KRETl. Public Gu1:rdi~:1. tS d~res::l~d' 10 e~eCIJ1e;v1d dc'i .. "ru' a cOr"l ... tyan.c,! of !!-.e e~t.;Jll!!"s ~lereSI.ln IMe proPEtty descfl~~d in i~er;"l 9 D.an::! Ol~ j:lropertv de~t'ibed ,In ,Iem 9 '~pon rece,'pl of !!'-:e CQn~'de':J('o" l.:w the $<l:I~ 11. ;II CiJ No "d<:ijtlOna! tw!'"od is requllc-d. b. 0 ","-.scm..,l 't'tl'eSenl.lII"~ shalJ 9'1.i'I! 3'1 additlon~ bond rol': $ " svr,.ty. a. OiMtl'1.I:Se,. ... S p'IJ",dcd by ~w. c. 0 ~t.s.ale p,ccced~ $na~ bc.,j~DOSII~d!;ly ~s,:row r.oJ~r in a ulor.:lo:.ec iI:::tou"m Ie be WIthdrawn O.r:ly on town orde •. RecC',pt'! stl;)11 tl!! Illed. rsp~r" in.stillltirm i!.rrO tOcdllon): 12. .:I, 0 No COo'T1!Tl1Ssio., is pay.bi~ b. W A tommlS~Of1 t'cm [he ... oct'ed~ or l"e Sille r$ .. pprovcd' m ~Me amolJl'II 01: $16,896.00 lobe pa;das lollows: GI"'OLiP Advantage -ST20 I~F'~~'?~ FO'p&IC,r1kaoon -$8 'S. 0 lao ./L to) r-~ .d- ~ .~,' ?-h- ! 3. [X] NurnllC' 01 PJqes .:Ill.J(;hcd. -5- ~~~'c!RCOLS"J 14. ~ leg.;,1 dC:5.(:flpl'"Jn Qn 'ii!''f,'I~ ORDER CONFLnMING SALE OF REAL PROPERTY (P.ob.t1ol '",..ro ••• l·"". I> 1'!l.1 'O]IJ R~ rnolw.: C.ulog rOf Zers \ ~ IF: r, Ii: I W r: IDJ r,UG 171990 c li~PARTAm~T or I ... "''ihl!~[; 0 try Or PHO ~t'· l 1 <61 ~'I~ ., a ~ a_.,.".:h .. 'o' . the EICHELER ARCHITECTURE HAS INTEGRITY. ONLY A PLANNING DEPARTMENT SUPERVISED UPGRADING LIKE THE DUNCAN PROJECT WEHICH IS PLANNED BY ARCHITECTS WHO WOP-YO WITH PRINCIPLES CONSONANT TO THE ORIGlNAL PLANNING CAN PRESERVE THE COMMITMENT WHICH WE MADE TO THE CHARLESTON KEADCW TRACT. I STRONGLY RECOMMEND A STRICT ENFO~CEMENT OF THE 20' SETVAck requi~ement. • [ .-II . £M.Ji. ~ 'm~lC~l . -~ ~ ---:--;;.#~ - )-:. -f'1-..... -< ~ ,-.. . .(.~ .. , ,. ""-, .. ' 4-1( I W JI<.. c tJ"'I ~/u~f ~<-<.. ~ 1'74- 3bl~~ ~ ~ 19"" lRl [:~ ~~ u \J e lID "UG17l99O • ,~';.: -"; • .';-11 UI I'L_",~i';~(l{s " ,J, PHO HIO • . . --" . '", . /- ",/' .:-. .-.--~ ~. -.. 1(~.' '~~'LUJ,'~VJ ~ ~Kr S¥{ 191D -A-rt~ ;f Ij<J.ec :J'fr t c.0l' CITY OF PALO ALTO' CITY OF PALO ALTO' CITY OF PALO ALTO NOTICE OF PUBLIC HEARING OF THE ZrnllSG ADMINISTRATOR 330·WEST CHAR~~STON RQA~ (90·Y·Zl): Application 'or a VarIance to 0 ow an ex $tln9 storage room addition located within 9.5 f.et of the rear property line to be Inhabited, wher'. a setbac~ of 20 feot would nOl'1llo11y b. required, ~nvlronmental Assessment: Exempt fro. the provisions of the California EnYironmental Qualit.y Act. Zone District R·1. APPLICANT: CA 94026. Stoven E. JeSKe, P. 0, Box 1116, Menlo Park, DATE & TIME: Thursday, August 2, 1990, .t 3:00 p.~. -PLACE: Council Conference Room, 250 Hamilton AYe., Palo Alto. Interested persons may appear and be heard. Information on this item may be reviewed weekdays, between 8 AM and 5 PM, at the Planning Department. 250 Hamilton Avenue. For further information, please call NancY~ytL£-,-at 329·2321. ___ .... ,_R~. T J., 0 k.we s is v-<L-k.-te.~ , o"h. ~ Lo we.-("3Sz, ~II"1 f I~ (Z.-'12-~.~) ~~e ~ CbP J r h 0--1,' 0>-. T J" ~.10'\. 1- ( bJ d ~ • '~! '.' .:.:.1{~ /.'. , :,:,' . ) n~ ,J: , ~ < • d?iJu. d? abut. 33J {!o.tdinA L ... u fPalo ditto, {!o'] 94306 13 Al!gust, 1990 Dear Charleston Meadov Property Owner: -" . , . , l-L I ~ (,U) 2 ulY8u , .,' I: I r r ~)'~.""; .. ~; I( r~.·L t t We need your support in opposition to VARIANCE 90-V-22. Steven Jeske, who has owned 330 West Charleston Road (since early 1989) has requested this variance needed to convert a ·storage bin" (WHICH IS ONLY 9' 5" from OUR COMMON REAR PROPERTY LINE) to a master bedroom/bath (& possibly a multiple dvelling). THIS WOULD BE IN VIOLATION OF THE 20' SETBACK REQUIREMENT FOR INHABITABLE SPACE .• Please sign the enclosed (& return) IN OPPOSITION TO THE VIOLATION OF THE 20' SETBACK REQUIREMENT FOR INHABITABLE SPACE. We have been told by two reput3ble realtors that THIS UPGRADE TO INHABITABLE SP\CEWILL INCREASE THE VALUE OF JESKE'S PROPERTY BUT THAT IT WILL DEC It. E A S E the val u e 0 f O~ pro per t y a t 331 Carolina Lane (we have the common rear property 1ino.) 1 9 6 4) '~",\,~ d?i<:kk d? a&.m 331 ea~ Laru Palo afLto, edJ 94306 13 August, 1990 Dear Charleston Meadov Property Owner: We need your support in opposition to VARIANCE 90-V-21. Steven Jeske, vho has owned 330 West Charleston Road (since early 1989) has requested this variance needed to convert a "storage bin" (WHICH IS ONLY 9' 5" from OUR COMMON REAR PROPERTY LINE) to a master bedroom/bath (& possibly a multiple dwelling). THIS WOULD BE IN VIOLATION OF THE 20' SETBACK REQUIREHEN'I' FOR INHABITABLE SPACE.} Please sign the enclosed (& return) IN OPPOSITION '1'0 THE VIOLATION OF THE 20' SETBACK REQUIREMENT FOR INHABITABLE SPACE. l,e have been told by two reputable realtors that THIS UPGRADE TO INHABITABLE SPACE I-lILL INCREASE THE •. VALUE OF JESKE'S PROPERTY BUT THAT IT WILL DEC REA S E the v it 1 u e a f Ololr pro per t y a t 331 Carolina Lane (we have the common rear property line.) Rickie Roberts Georg., Roberts 1 9 6 4) ~""".. o. b~~-c- <-J12JI lJ.j.~\,;:,(z_ ~,~ "~:JO'" ··~Y5~4k:9£ l\kJ'l kl1UIE G.JflY, P,'\lo f\lTo 9",30", J?icIm AoGuh 331 Cg~ .Laru ~alo ditto, CdI 94306 13 August, 1990 Dear Charleston Meadov Property Owner: .. we need your support in oppo~ition to VARIANCE 90-V-22. Steven Jeske, who has ovned 330 West Charleston Road (since early 1989) has requested this variance needed to con\'ert a ·storage bin" (h~ICH IS ONLY 9' 5" from OUR COMMON REAR PROPERTY LINE) to a master bedroom/bath (& possibly a mUltiple dvelling). THIS WOULD BE IN VIOLATION OF THE 20' SETBACK REQUIREl-!ENT FOR INHABITABLE SPACE.) Please sign the enclosed (& return) IN OPPOSITION TO THE VIOLATION OF THE 20' SETBACK REQ~IREMENT FOR INHABITABLE SPACE. we have been told by two reputable realtors that THIS UPGRADE TO INHABITABLE SPACE WILL INCREASE THE + . VALUE OF JESKE'S PROPERTY BU~ THAT IT WILL DEC R_E A S E the val u e a f cx.cr' pro per t y a t 331 Carolina Lane (we have the common rear property line.) Rickie Roberts d?1.:tk d?o&cu< 331 e,..dln.:. L~ <Palo d1{to, ec4 94306 13 August, 1990 • ~ J : L' , Dear .Charleston Meadow Property Owner: ~Irr OF ~<,(:;!1 'l'Ie need your support in opposition to VARIANCE 90-V-2f. Steven Jeske, .ho has owned 330 West Charleston Road (since early 1989) has requested this variance needed to convert a 'storage bin" (WHICH IS ONLY 9' S' from OUR COMMON REAR PROPERTY LINE) to a master bedroom/bath (& possibly a mUltiple dwelling). THIS WOULD BE-IN VIOLATION OF THE 20' SETBACK REQUIRENENT FOR INHABITABLE SPACE.) Please sign the enclosed (& return) IN OPPOSITION TO THE VIOLATION OF THE 20' SETBACK REQUIREMENT FOR INHABITABLE SPACE. lie have been told by two reputable realtors that THIS UPGRADE TO INHABITABLE SPACE WILL INCREASE THE VALU'" OF JESKE' S PROPERTY BUT THAT IT WILL DEC R_ E A S E the ,. a 1 u e 0 f ~ pro per t y a t 331 C. 0lina Lane (we have the common rear property iin~.) Rickie Roberts I / I, ," ; ~/:' ~-~~--:- c _____ ". __ f-___ ~ __ ." ____ ~-'_"'--""-=~"",,~ cR~ cR"t~.t. 33J e.. ""'-uu. Lan. (Palo dllto, t!.dI 94-'106 13 August, 1990 Dear Charleston Meadow Property Cwner: l: , :: i (y {1 ~ ";.<-~ i ~.;'-~,1, , ~ We need your support in opposition to VARIANCE 90-V-2t. Steven Jeske, who has owned 330 West Charleston Road (since early;1969) has requested this variance needed to convert a 'storage bin' (WHICH IS ONLY 9' 5' from oap COMMON REAR PROPERTY LINE) to a master bedroom/bath (& possibly a multiple dwell ing) . THIS WOULD BE IN VI OLATION OF THE 20' SETBACK REQUIRE~IENT FOR INHABITABLE SPACE.) Please sign the enclosed C& return) IN OPPOSITION TO THE VIOLATION OF THE 20' SETBACK REQUIREMENT FOR INHABITABLE SPACE. \'/e have been told by two reputable realtors that THIS UPGRADE TO INHABITABLE SPACE WILL INCREASE THE VALUE OF JESKE'S PROPERTY BUT THAT IT WILL DEC REA S E the val u e 0 f OIoQ" pro per t y a t - 531 Carolina Lane (we have the common rear property line.) Thank you for your support. ~~ ~::::o,::::::' Co W N E R S S I NIC E 1 9 6 4) r~~ }-r1 ~;;. «-0.3 ~y''''-$I. 71J~ J. If . f/ fI I""~ L ~ -1-//7 ~.B4~ .s,.JC:e /?~/ . ,:. : .: .~-.:."~~ d?£d.k d?ot~~t. 331 C!a.duu. .La.n. gJalo dI-lto, C!dt 94306 13 August, 1990 Dear Charleston Meadow Property Owner: I. ,. . . 1.( " Slit' We need your support in opposition ~o VARIANCE 90-V-22. Steven Jeske, who has owned 330 West Ch~rleston Road (since early 1989) has requested -.. " this variance needed to convert a 'storage bin" (WHICH IS ONLY 9' 5" from OUR COMMON REAR PROPERTY LINE) to a master bedroom/bath (& possibly a multiple dwelling). THIS WOULD BE IN VIOLATION OF THE 20' SETBACK REQUIREMENT FOR INHABITABLE SPACE.} Please sign the enclosed (& return) IN OPPOSITION TO THE VIOLATION OF THE 20' SETBACK REQUIREMENT FOR INHABITABLE SPACE, We have been told by tvo reputable realtors that THIS UPGRADE TO INHABITABLE SPACE WILL INCREASE THE VALUE OF JESKE'S PROPERTY BUT THAT IT WILL DEC R E ~ S E the val u e 0 f o~ pro per t y a t 331 Carolina Lane (we have the common rear property line.) _T_~_a~nik~.~:~O~U~.~f~orr_~~y~o~U~~~s~~u~PLpo~r~.t_' ____ 'RiCkie Roberts ~ ~~ George Roberts (0 W N E R S S I NiC E 1 9 6 4) J?~ d?of,ut~ 331 Ca...dim. LanE. Pak d/1.to, t2dt 94306 13 August. 1990 Dear Charleston Meadou Property Owner: We need your support in opposition to VARIANCE 90-V-2a. steven Jeske, who has owned 330 West Chnrleston Road (sinoe early 1989) has requested this variance needed to convert a "storage bin" (WHICH IS ONLY g' S· from OUR COMMON REAR PROPERTY LINE} to a master bedroom/bath (& possibly a mUltiple dwelling). THIS WOULD BE IN VIOLATION OF THE 20' SETBACK REQUIREMENT FOR INHABITABLE SPACE.} Please sign the enclosed (& return} IN OPPOSITION TO THE VIOLATION OF THE 20' SETBACK REQUIREMENT fOR INHABITABLE SPACE. lie have been told by two reputable realtors that THIS UPGRADE TO INHABITABLE SPACE WILL INCREASE THE .... : " VALUE OF JESKE'S PROPERTY BUT THAT IT WILL DEC REA S E the val u e o. f 01.1:1' pro per t y a t 331 carolina Lane (we have the common rear property line.) Thank you for your support. _12.-':~r.wi .... "'".".K+t.= h·t--,J2,....o::""~"'"b"'-"'i.d:..u.h ___ -_R i ck i e Robe r t s __ 4~~~~~ __ ~ __ ~~~~~~ ______ .George Roberts (0 W N E R S SIN eEl 9 6 4) ril"" hlow ;( 0" .... wi~t-, fr, °ff~1.· . /1'~ .%~ y-/Y/ ~/".fiO£ {{;/r / F;4 (A'"eTi I 1. . .. { .4. Ij~,,~,« '\. /J]A. ff-..!./ d?~ d?o& ... b 331 &.~ Lan .. {Palo cUfo, Cd! 94306 13 August, 1990 Dear Charleston Meadov Property Owner: '. I, l" ! .i " !.::, C ii, j,-,,, L' (1 r J',~ i \) ~ t , '"' We need your support in opposition to VARIANCE 90-V-21. Steven Jeske, who has owned 330 West Charleston Road (since early 1969) has requested this variance needed to convert a ·storage bin" (WHICH IS ONLY 9' 5" from OUR COMMON REAR PROPERTY LINE) to a master bedroom/bath (& possibly a mUltiple dwell ing). THIS WOULD BE IN VIOLATION Of THE 20' SETBACK REQUIREMENT FOR INHABITABLE SPACE.} Please sign the enclosed (& return) IN OPPOSITION TO THE VIOLATION OF THE 20' SETBACK REQUIREMENT FOR INHABITABLE SPACE. We have been told by two reputable realtors that THIS UPGRADE TO INHABITABLE SPACE WILL INCREASE THE .. Vl'.LUE OF JESKE'S PROPERTY BUT THAT IT WILL P E C REA S E the val u e 0 f o~ pro per t y a t - 331 Carolina Lane (we have the common rear property line.) Thank you for your support. __ 12->i""i ... .,..""'~O:::::·=k_:J2."...::::.>~"-'b"-"Yt::...uh':::.} __ ,R i ck i e Robert s __ ~~~~~~~-__ ~~~~~~~~ __ . ____ George Roberts (0 W N E R S S I NC E 1 9 6 4) fJ(~ , . ,,-\ Application No. 90-V-21: 330 West charl~ston R~ Variance 90-V-21 is approved for the existinq attached storagE room, located within 9.5 teet at the rear property line where 20 feet would otherwise be required, to be used as habitable space per attached plans ~t 330 West Charleston Road, Zone District R- 1, Palo Alto, California, and is subject to conditions lis_ted below. fINPIJ«;S 1. There are exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to property in the same district in that the lot is located on West Charleston Road, an arterial road, which is DOre heavily travelled than typical single-family residential streets. The e~isting storaqe area was constructed without benefit of proper permit# but l~ter obtained a variance and building permit in 1981 Which leqalized the physical addition but restricted the use of the addition to s.torage; 2~ The granting of the application is necessary for the preservation and enjoyment of a eubst8ntial property right ot the applicant, and to prevent unreasonable property loss or unnecessary hardship in that the property ownex wants to upgrade the structure tor use as a master bedroom and improve its physical appearance as well as its st:uctur~l integrity. The conforming option of removing the existing addition and constructing an addlticn to the front of the residence or as a second story would place the master bedroom close to the noise and fumes of West Charleston, and/or would compromise the architectural integrity ot the main living area of the Eichler-style residence. It would also substantially increase the cost of th~ project; and 3. The granting of the application will not be detrimental or injurious to property or improveaents in the vicinity in that the physical impacts of the structure, the primary concern or aost ne-ighbors" vere perllitted in 1981 when the original variance and buildinq permit were granted. The majority of the ~ddition would be allowable under Sect10n 18.88.090 (e). The negatlv~ Y9021 10/4/90 nl Page 1 • \.t.tFcan lJe construction CONDITIONS eli~inated by the conditions which require of a new fence and screen planting. 1. The applicant shall construct a new 7-foot-high fence along the entire rear and side yard property lines prior to issuance of building permits. The design and construction of the fence shall meet the satisfaction of the Zoning A~lnlstrator, after consultation with the property ow~er at 331 Carolina Way. 2. The applicant shall install screen plantings along the rear property line prior to finalization of buildinq perait. A plan tor the landscaping shall .e~t the satistaction of the Zoning Adalnlstrator, after consultation with the property owner at 331 Carolina. Way. 3. The exterior of the structure shall be painted and finished to IOatch the relllainder of the existing residence prJ.or to finalization of the building permit, to the satisfaction of the Zoninq Administrator. 3. The applicant shall be subject to all 8pplicable building .nd fire code requirements in converting the storage room to habitable space. NANCY MADOOX LYTLE Zoninq Administrator octolJer ., 1990 This tor. does not c~nstitute the variance for which application vas .ad. If the application is approved and it no appeal from this decision is tiled by any p~rson tlra, or corporation affected by the decision on or by October 15, 1990, you will receive a copy of your permit in t~e mail. Ie tl>is application is not decided to your satisfaction, the decision may be appealed to the PlanniDi. Commission lJy filiDi an appeal application viti> the Planninq Depart.ent and city Cl.r~ on or before t~e above aentioned date .. V9021 nl 10/4/90 Paqe 2 • cc: Steven Jeske l 330 West Charleston Road, Palo Alto, CA 94306 Mr. and Mrs~ G. an~ ~ickie Roberts l 331 Carolina Lane, Palo Alto, CA 94306 V9021 nl Dora Barrett, 4115 Park Boulevard, Palo Alto, CA 94306 Jean Ol .. ted, 240 West Charleston Road, Palo Alto, CA 94306 10/4/90 Page J 1IZ".rpt sOlliDg IIcSaillbtutor Ilf.DUt .. AUlJUet 2, UfO 330 ••• t Cbarl •• tOIl Road NancY Lytle: 330 Weat Charleston Road -Application for a variance to allow an existing et~raqe roaa addition located within 9~5 taat ot the rear property line to be i~~ited, where a set-back of 20 feet would nonulily be. required. The Environmental Assessment i. exempt from the provisicns of the Environmental Quality Act and this i. in Zone District R-l. Is the applicant present? I assume the rest of you are here for thi. itea. Would you care to go firat. Introduee youraelt ••• 1 steve Jesky: My naae i. steve Jeskyr Z live at 330 W. Charleston Road. I bouqht the house a year 590 in January and have lived in it ever .ince. I:t 1. the only house I ever have owned. The postcard surprised :ll.e l tOOl aince you guys put my mailinq addresB down on the postcard rather than my hoa. addres.. That's just Where rJve gotten ay mail tor tour tta.& •• long as I've owned the house. It's not like Ifa • developer and this 1s one of ay m.any houses. When :I va. lookinq at the house, the real estate agent pointed out that tbere ..... this storage rOO1ll built on in back ot the garage, but that it wasn't built to code or anything lUe that and it' B just a bare rooa vi th ceJOent floors and 2 by , .tuds for the valls and the outside wood around it, but no inside walls at ell, no insulation or anyt!llng like that. I lJUessed at the time that the estate of the lady that I was buyinq it frOll, that she had caused this storage rooa to be built. But when r got to talkinq to some at my neighbor., it looks as it it was built at least 20 years ago or roughly 20 years ago and ehe only bought it a dozen years ago or so. So Z don1t know who built it or when. But Whenever they built it, they just built it. Tbey didn't bothe" filinq .. per».it or anything like that first. And so they built it too close to the property line. Subsequently, eiqht, nine or ten years ago, BomKbody aust have pointed this out to the previoua owner and .be filed for a variance to have this existinq room be paraitted ar4 filed. k~d when that variance was granted, they filed .. building permit and the buildinq inspector cue out and made sure It 'Was all fine~ The plans then said 10 1/2 feet trom the property line which was I thought it was untll I actually .easurad it snd turns out the rear fence is 10 feet into .y neighbor's property line. So that's why I chanqed .y application to where it says 9 1/2 feet instead of 10 1/2 feet. • · . 2 BUt what I would lIke to do 1. to be qranted this variance to !nh6blt that room. ,..au.inq it b, what I would then do is file plana with the city to turn that into a ... ter bedroo •• ~ite with a bathroom Ba_wbere. It i. a thre.. ~drOOllr 1 bathroo. Eichler bUilt in 1950, forty year8 ago. I lIke the Idea of having .y own private bathrooll and I •• pecially lilce the i4 .... that thio roo", ie basically there to be in .. ulatsd and sound.;>roofed and •. :>de into" decent rOOll. I woullin' t have to qut a rooII or something first. And 80 ~~~t's what I plan to do, wbat I bope the city will grant me the variance to allOY •• tbe perai.aion to do. ObViously, if you have any qu._tiona or vhat.v.r~ I III be happy to answer the.m~ or r •• pond to any of BY neighbors baving questions. Haney Lytle; I do have one qu •• tior. tor you. As]: und.rstand 1t# there was no int8rior acee •• tro. this roo. to your house? sttve Je9ky: Tbat's the way it vas evidently originally bUilt and that 'a the way the plana show that rOOll, up in the tile for that bouse on the city. Either, at the ....... tiae it va. built and they didn't bother to put it on the plans, or subsequent to when the plan .. V6%:& put, there vas a hole, uybe " feet by " feet or 80 knocked through tbe vall of that hou.e to the 9araqe and then another auch s .. ller hole, a doorway .1~ed bole knocked through the other wall ot thet hou ... into the adja"""t _00 •• •• 1ther one of tho •• w.~. done to cod.~ That would be part of the proce .. of turnlnq it Into a bedroo., to redo the doorways and __ 1 up the hall thet 90&8 into the qaraqe and BO on. BUt even thOU9h the pi .... don't show there is ace... fro-. 'that roos to the r •• t of the houae, there i8 - throuqh thia hole in the van, vbich i. about 5 t.et tall, In throuqh one of the original three bedroo... The rooa i" BDstly bu1l t onto the rear of the boulle to vbere it r. adjacent to tile qarage, bUt it .... erlapa a habitable .. etlan of the houa. by .aybe 6 t •• t or BO --one of the three bedrooaa --aa i shoWed you til ... " on the tloorplan. I don't know hov obvious it ta. And that'. vbere they cut througb to aake this doorway. But it'. not IUe it doesn't hav" a doorknob or anytbinq lilce that. Mancy Lytl., I was confused by your pl""o r:>eCAuse I had thOuqht that at one of the pre-application .. et1nq8 that va had, you ha4 actually redlined ~ plan to include ••• we 40 not allow any 11vlnq area to be eeparate fralt the .... 1n livinq erea. In other vords, thare bas to be interior connections to aU part. ot the bouse. st...,,, JeRky, That' s why that roo. which is ........ built oriqinally .& a ~oo. would cea.e to function as a bedrooa once that I got the building perait an4 turned that re.r storaqe room into • bedrooa. It would jWlt be an ante-roo. basic .. lly because that'. the only way you can g_t into that roaa 18 tbrouqh th~t other roaa. I ta lked to the Bou.inq Departaent un and .. id • I. that leqal?-.... hr as buil4inq code 18 concerned. Be said ye. .. ,.~-.~, .~. it va. because th~ Itora~e room h6S a doorway to the outside on it and that va. all the code 'required, that there be egress in the case of fire or .. ~rqency or someth!nq like that. 3 My lonq-tera drea.s tor that house --how many or :ay dreU8 viII ever turn into reality, I don't know --but my long-tera dream after this bedroom is .ade then, and I ca.n ltve in that and function with that bathroom. Then I pIaI". to rearra1l98 the valls of the exlatinq three b6drooms, the oriqinal three bedrooB, and the original bath to basically put a corridor alonq the garaqe wall. ro basically be straight out troD this rooa of the new bedroo. out to the kitchen area and then have the: arM reaainlng vIIich i. nov three bedrOODlO turned into two real-sbe bedrOOIll!l instead ot three cubicle-shed badrDOllS. But I didn't tUe the plans to do that becausa that·s only at the draa. stage at this stege. Raney Lrtle; So, in the short ru."l, what youtre aaylnq ia that you1re )n"OpOsal to qat around that requlr .. ent ot our R-l requlationa is to creAte a very large hallway through one of your bedrooas es.entially. But that later you would reconfigure the entire floorplan. steve Jeaky: Yes, .aka it be a real hallway, and take the wall. <io1.-n. Stove JeW; I brought in that one floorplan and showed to you, vith that DOdel that way, with the two nev bedt'OOllS and that one long hallway. but that floorplan also includes some further dr_. An4 you aaid --weU, this is all too qrandiose. And I talk~ to one of the other planners" he 8ald. --well" you have file a building perait within one yoar after this variance is qranted and you haV& to start vorking on that building permit. And if I did that tor both thlo otorage rDOJl/bedroo. and the two rearranged bedroo.e as well a. movinq the kitchen into 80ae new place, then I don't MOV when I would ever be able to finish those plans. BUt r told you, .Inca I'D goinq to be doinq all the work ayael!, I can1t afford to hire lt done --it'. practically killing as just to pay the .ortqage on this, never .ind payinq soae contractor to do all thia work tor .e --I want to do it In atagas. Firat this roo., then the bathrooa, and ao on~ I coul4 eaaily i-aqine that it would be a dozen y.ars before I aver moved the kitchen to a different place where the kitchen Is. Stuff like that. When we vera talking, you had a question about where exactly the doorway would be, and I didn't quite Understand, and I'. not sure I atill quite undaratand, because that'. the only place it can be --La rlqht at the boundary of that rooa. I thinl< aaybe if' you were in.ide the bouse and had a chance to look at the roo., tor Whatever that aay be, way be .ora clear. Hopet~llYI I can anaver your que.tiona on the tloorplan. laney Lytle; I think I'll have _ore qu •• tiona once I hear fro. the pW>l1c •• vell. but !at .. , .... t ••• the r .... on 1 .. ked the question nov Is that .y un4er8tanding from you at the tim. you applied vaa there vaa no 400 ••• currently and. this doesnlt say. steve Jesty: It's not drawn by an architect. bnCV Lytl9; Exactly, and noraally what we would .ee in a plan, prot ••• ionally duiqned. would be a new ••• an existing wall 1IhoWn, a d_oli tion Itey, II .y>Ibol, and a new doorway IIYJObol "ouid be in there. Steve Jesky. A .yabol put In to show that we are destroying this origInsl wsll and a nav doorway lIy>Ihol. I!A!!ey Lvtl" And that '. just not clear frOll this plan that you're creating an acce .. u part ot thi. proposal. Steve J •• ky; Wben we vera talltinq aboUt It, you tried to raise that ia.ue L~ .ensItize .. to it end I didn't quite understand but I put in the not. on the plen. Haney Lytle: I II." it "Doorway added.· steve Jesky; .aying -Doorway to be in thIs area.-Because 1 tiqured that would be enough to .how you I wanted to put in the doorway th ..... , 1 iIta I be.. it bad to I:e. If you vent to 1Ia!<e the variance conditloroAl upon .. .upplying a detailed drawinq of that area showinq en existing solid vall with d .. oli~ hole to be .. de, and then a new doorway to be put in, I '. sure :I can open up II boolt and figure out what the 8YJ1bol for .. doorway ls draw it. 1 r. not an arcb1tact, but, or carpenter or a plu.aber or ar.y ot these other tbinqa either but I vant to try to laprove my house. !fancy Lytle: Lat'. hear froa the ne!qbbon here. Who would lilte to spaalt fint? Kielty Rgbert., My n.... b Ricky Robert. and thill is George Roberta and ve own the property with the co.aon rear property line aince 1564. So I have a .uparlor Xnovledq_ to Mr. Je.1I;y on the history ot that building. What bas been told to the neiqhl>ora is not true end following l"'1al rulu of evidance, I 4Dn't ltnow if you do, that would be inadai •• 1ble hearaay. I'. dttinq bera and I'va witne.Hd the enUre b1atory ot the building end I'll sltetch it ••• it'. ooapllcatad and I'll try to abbreviate it becauaa I have written thb out. Aa I aUowed to tile a reaponae? Kaney Lytl.; certainly, y ••• \ , .: " 5 Ricky Roberts: OX. That bujld1nq was put up. ~ 4 First of all l,p_t me preface by sayinq the previous ownership to Kr. Jesky was extremely problematical. That structure was put up either by Kevin Monroe or carpentara were hired. It was put up without a building parmit. At the ti •• it seemed th8t it yas to house animals. I can't prove it, but I think at one time they had a goat there and he had dogs and be bad a very difficult temper. He had a temper and dogs to back it up. We had a lot cf trouble with the fence; the dogs breaking throuqh and eventually we did manage to work out a sort of restituticn arranqement and everybody chipped in and we got it fenced. And that was the end of that. Let I S back up. The buildlnq was put up withol.lt a building perwdt~ It had no floor at that time. When I searched the files in the Planning Depa:rtlaent I found no building perJIit for the ceaent floor. I don't know when that went in, but it was illegal .. Nancy INtle: We bave permits ter the slab tloor~ Ricky Robert!!; You have th .... , Nancy Lytle; Yes, If11 give you a copy. It's a perait for storage addition to garage -a~ready built. Ricky Roberts: And to pour the cement? 1'm t.a.lkir..q specifically about pourinq the cement. NanCY Lytle: Well, I assume it was part of the permit. Ricky Roberts: No it vas no~. That's not an assumption that can he made. Because when it first went up, it was more or 1es. like a rougb structure to house animala because he had h~d so many complaints from all the neighbors. They kept more than the normal, usual, whatever word you want to user number o£ ani.als. So it waS aimply a structure to house animals and it had no .floor. Nancy Lytle: Now this permit is dated '81 ~nd it was issued to Konrcoe. - Ricky Roberts: What I vant to point out is that's a very much after the faet variance. So it existed ••• Haney Lytle: Yes, it says that in the permit, it says -This i. already built." So they went in and leqalized it after. Ricky Bobert .. ; We are now into the period wbere e.verybody was taking a ~hand.-off· attitude to~ard. the property owner, out ot just compassion. The property di.inteqrated and, I haven't had tlae to verity it. but I think Mr. Je&ky got it on a condemnation • . , , \ ,.' , · < / sale. It vas con4emned by PUblic Haalth~ We have lived there during a period vhen the entire baCky2rd vas covered with .nimal dunq and flies and so forth. So I teel that we are nov at the point wber6 equitable restitution needs to be made to UI. s.eause ~. took a ·handa-o~t· att1tu~e out of trying to be diacret. about these probleaatlcal owner. and trying to be cospaasionate and I think that ve'va lived with this structu~e long enough. It'. illegal. I don't think this variance in '81 should ever had been granted. That eays it i. fer 10 rBet 6 inches and the measure.ent given on .Mr. Jesky'. application is 9.5, so th8re'. a d1scre~f there. There are aerial photograph.. I have here fro. '86 an aerial photograph which shows that the hardships which Hr. Jeaky claims ara not borne out. The hardship .... 1n order to get the variance he ha.s t.o est.ablish the hardship, acoording to this, or exceptional quell ty. That property haa no "exception.l qualities" except that I feal he'. trylnq to capitalize on the fact that ve all took a -handa-off-attitude. And I have other neighbors who will aubstantiate this view point, it's not my sole idea. Now he '. tryinq to cose in and convert this to inhabitable BP4ce. I oppose that. I think the structure .houle! be torn down. I think that it waR illegal in the firet plaea. The after the taet variance ahouldn't have been 1 •• ue4 and it should be torn down and the 20 toot .. tbaclt requir ... nt should be strictly entorced. I don't know how auch time I have. Haney Lrtl,: It's unliaited. Ricky Boberl.f: I want to :aake a very .tronq atateJllent about the reaponsibllity the buyer is undsr when ha buy. a house for any property. The c"rdinal principle is caveat emptor. Hr. Jesky was under a responsibility to learn these things about the property and there isn't anythinq that he lists in hi. application which has developed olnce. Ha mentions the wideninq of Cbarleston Road, but that took place long before he bought the property. He :aentiona the noiay .tudent. next door. but I don't think that situation developed since he ca •• there, and further.ore., there are. other legal and equitable rellledl •• tor nol_ abateunt. r would like to put a rhetorical question about wbather ha has tried to negotiate with tho •• Itudenta in other way" to lower the nois .. level. so:r thin!< that he had a re.ponsibility to ~ about the.e thing. that he claias as hardship. I tried to take a photoqraph, it doesn't reveal exactly what I va. trying to show, that r. that structure doe. not perait the .un to ccw:e' throuqh in the worninq into that apace.. You can see the _un coain9 over here. But the Eichlera were built with that i4ea ot havinq aceess to th •• un and that structure closes it ott. .\ 7 He says fu~er in his application that none of the neighbors are bothered, but that'a not true. I have a diagram to turnish you. Mr. Jesky's here. I donft think he qot en opinion trom hthy Roland, the .owner 'Who O-.'lS the property whe.re the iStuoents live, beCaU&8 she's in santa Rosa and I left a ~e&sage to hear from her and she's ha8n~t returned the call. She's the owner and than here lined up beside me I have five neighbors, tour neighbors who are opposed. And the Eickworths phoned, they live in Northern California, they telephoned yith qreat concern about what was bappeninq. We have another nelqhbo~ down here that . opposes, doYn on Carolina and then you have a letter froll Ol3Stedd on Charleston saying he opposes. So I think there is plenty of oppooitior. to this and I think there is a long history of opposition. If we have to qat aerial photographs to prove that that's really a critical issue about when this structure went up then I think Mr.. Jesky i. under the burden ot proof there.. Tho •• photographs are expens1ve. They're about 50 or 75 dollars a piece. I inquired and there'. an aerial photo company in O~and and I took in~or.aation on a base line photo which took place, a fllqht vas aa~e in ·75. So I'd like to conclude ~y saying that! think this structure should be taken down. It'. illegal and that there is precedence iT. Palo Alto und9r two previous Zoninq Adsini.tratora for ••. there have been illeqal conversion of qaraqes to inhabitable space and they went ahead without persits ar~ 80 forth. r think that is comparable to this eituat10n and that in those cases that I'. talking about, the zoninq Administrators ruled that those bulldinqa ahould be torn down an4 this area converted back, restored to qarage space. I went" up to talk to Joe, and I believe a lawyer was there, to try to qet docuaentation on ~~i&. But Joe Colonna says the files are in the .archives and they're. not indexed. But I know of two very reliable men who have recorda of meetinqs who could research this for .e, fer you essentially, if ..... ~ Mancy Lytlp-: The Planning Technician did go to the archives, because I talked to you on the phone and knew you had some con~B about the legal aspects ot it. From what 'We found it looks to be legally permitted, not for habitation, because it does say -For storage purposes.-But the variance was qranted, the buildinq per:JI.."'.t was issued afterwards. You had a question about whether or not the floor vas allowed and it looks like that vas also part of this application. It shows a concrete slab detail. Rigky Roberts: But when I asked for a copy of that, Joe saId it didn't exist. Naney Lytle: Well, the archives is where it va •. \ , Risky Rgbertl; No, no. Be had the file there. I asked hi. Beveral tiaes for a copy of the building per-it for the concrete floor. B Maney Lytle: It', bere, it's in the datal1 of the permit. He aay not have been able to read the plan or Boaething. He's a technician. But it is shown here in the detail. So the real issue lan't ·can the structure be t.J).er.,· the real issue ia "what will the iJopect. be to the neighborhood if it ia changed froa inhabitable to habitable." Risky Prh'rt-; That'. what I r• tryinq to explain to you, it's already has iapacted very adver.ely on ua. Ifarx;y Lyt.l., But we can't chanqe that bee::l!lu.e that's a legal dtuoUon. Ricky Roberta: But ve can have restitution nov. Haney Lytle; You .ean. qo back and riIVer •• that, and. have hi. reaove the .tructure. Ricky RgMrt..; I think the structure Gould be torn down. Thau are lIa11y other .olutions that Hr. Jesky could us •• Ifal!cy Wle: But if I deny thi. v.donee I have no ability to do anything about hI. structure. Th .. t structure can reaain. He' 8 got the right to use it a. a storage, uninhabitable space. It's clearly dC>CWl8rtted in here. We would have no beds tor having hill tall:e it down. It·s only upon the granting of thb application that I could impo •• any condition. on that pr~rty that would allow you Boas r .. titution. If I d.ny the application I can condition it in no way. Bicfr RqbertJ; I '. not clear, how can rest tution by granting the variance? wh .. re would the re.titution COBe in? you give lie 80.e I'a not clear on hoW, Maney Lytl.; •• 11.. there i. sc.eona in one of the letters who .ant.toned tha.t it i5 the exterior appearance. 'that is 80 objectionable. That it neads to be fixed up. I .... n that. could be aacl.e a condition of the application. lIew fencing could be _de a condition of tha application. Approval of the application can be cOlldiUonad. Ricky Roberts; rhe .tructura itself, you could detect this rHdily by coaing out at 8. 9 in the .orning, you could .ee what I'. talking about.. I didn't u •• ay beat camera on t.~i. photo work. I at.teapted t.o piece it together to shov t.he st.ructure it .. lf. To as the integrity of the Eichler. i. the Frenk Lloyd lfri9ht indoor-outdoor dUJ.qn and that includes that 20 foot .etback. That-. what that vaa all about tor privacy, acc.s. to / , 9 aun~ And this structure, YOU'V8 qot some t~chnical language which I haven't mastered yet, interferes with the plane angle. Haney Lytle; Daylight plan. Itfs within daylight plana, it doesn't need a variance for that. And the structure itself is not at issue here. It's not the subject ot this hearing. RiCky R~5I: OK, what is the issue, t.."'le 20 foot set,back? Ha~cy Lytle~ Whether or not that ca~ be inhabited. That structura is leqal~ It is not illegal. It has been given a building per2it and it's been constructed in accordance with the building permit issuod. Ricky Roberts:: The variance that was issued is very much after the tact. rt 1s not a case of they get a permit and then constructed. Nancy Lytle: It doesn't matter if they did it after or before the fact, the property owner has the riqht to keep the atructure as it is. And ve can't reverse tha~ decision now. All we are here to de~ide is --should it be habitable space or shoul~ it remain this sort of odd atoraqe space? Rickv ROberts: It's odd alright and the fact is that the bulk of the n.lq~Jborhoodi people COBa into Eiohlers because theytre c~itted to that concept. KaneY Lytle: Here's my concern, if we shoot this application in the foot we may be taking the "ind out of the sails of 80111ebody who wants to improve this property and make it something .uch better than it has bean in the past. It we allow hi. to convert this to a .aster bedroom, he may actually beqin, little by little, putting some in"'lest.llD.ent into the. property, he seellS very willing to invest his time and all, and bringing it up and raisinq allot your standards out there. R1cky Roberts: Not really, the Dunlap1a project did that, but he didn't do it an a qerrybuilt basIs. Be used an architect# he kept everything constant with Eichler principles. Many of us in the neighborhood came in there ... when we bouqht the house, ve had the option to buy a ~etter constr~cted house. We put our .oney down in 1964, long betore Mr. Jesky appeared. We bouqht ceaaitted Eichler apace. That means we have the run of the house and ve have 20 teet. NOW, historically that structure has been dark, but in the last few months, there's light cominq out of ~~ere and that intrudes on my privacy. There are other ways he can 801ve that by backing up and buildinq a legal structure which is 6 teet into that 20 foot setback. He can do that legally and vithout a va~iance4 But the neiqhborhood is already ve~~ dense~ -f .. \ '-.... ~ . " 10 I!Ul<:L Lytle; don't want to house. So it I underatand your point, your point is you see any fUrther investment into this portion ot the Rigky RObett'; Absolutely nota It's already too dense. The neighborhood is too dense. MOPeY Lytle; What I .un i. no .ore aoney ~unk. into tht. addition vhich you would like to aee removed. You feel it you can aiscouraqe thi. property owner, or future property owners whoever, fro. aakinq further invest.ant into this addition wbicb i. used for storage only, that aaybe theY'11 redo it completely in another direction at saae point, voluntarily essentially. Ricky Hobertl! No, ay viewpoint ia, I think I can get plenty of support in tha neighborhood, I have verbally, but this is a nev aeating to ... and I didn't bring a lot of signatures. bogy Lyt19; That" alriqht. Ricky Roberts; IIy viewpoint 18 ve're coamitted to Eichler principles with a fira enforc ... nt of the 20 toot setbaclc tor inhabitable apace. Now the DUnlap project found a way to make a v .... "Y substantial 1J1provuent, Ir. sure he'. put a lot of aoney, I hav,",,' t seen the ti9Ur'" but all you have to do 10 look at it. It is constant with Eichler principla., he used an architect and it doe. DOt destroy the integrity of the Bichler principle. I think the 20 foot aethack ia part of that principle and should t>e strictly enforced. In other worda, no inbl!lbl table space into that 20 foot aetbaclc. Nancy Lytle: ReaeDber that our code allow. an intrusion and many Eichler. have been DOdltied successfully into that 20 foot setbaCk. We allow up to 6 foot Intruolon legally, for half the width of the house. SO I have a hud ti_ buyinq that ugument beeaus~ I've •• en it dona very, very nicely with a fairly substantial intrusion. Not quite a. de.p •• this onel but this Is only a few feet d .. par. Ricky Babetta; zt 1 s too de.p, it'. 9.S ••• and also ve haven't even diSCUSSed, I haven·t had a chanee to edUCAte .yael! COIIpletely. There'. the power line ... ...nt.. We havenlt even talked about that.. At lea.t nine and a half feet fro. era common fence, so .... Hancy Lytle: And the utility ..... ant runs alonq the ~ack of the property? RiCky BobertS; Yes, ana I haven't qott4n all the details on that. Nancy Lytlt; I think ve have a copy of the block book .. p. , " • \ , , .~. , , 11 Ricky Roberts: But 1 think th .. t Stan DUnlap furnished you vith a letter which 1& v.ry close to what It. saying and I'va seen that coapl,ted projeot. Hr. Jeaky" t .. l~in9 & lot about dreams. He's acre in the category of wishful thinkl~ that. he own.d "ore property or ..•• The fact that we h .. ve tolerated this for years wher. we f_lt that vas the cOJtpaelllionata thing to. do needs to be addreeaed at this point. Honey Lytle: application J etru.eture. J just V&nt you to understand that if I deny this I have no recourse to have. hta remove that &iqky Rpbarts: I know, but the.re. are. riqhts of appeal. Maney Lytle: I don't understand. ~ Roberts: lIa yb.e I doni t 9.1 -the.r . I t you d any the variance ... lIanCY tortle. Then ev"rythinq stay. just as it is now. Ricky B2t1X1s: That decision can be appealed, as I understand it. Baney Lytle; Ha COUld appeal it Cor approval of the variance. xt it vas.denied thera'. no condition, everything just goes away end it stay. status quo es&entially. R1m Bpbg,rt.o: OX, then he cannot inhabit it. Kaney Lytle; Exactly. Rigky Roberts: OX, that'. wbat I favor. I favor a denial, I don't think Mr. Jeaky has presented a h~rd.hip case. ae cert&inly doesn't have accurate inforaation about the structure, ttl. all hearsay that he i • coma up with. We are the beat witnesses on this ~ecause ~e'v. lived ~~ouqh it. And it has been exee&din31y difficult at times. We felt compa •• ion, and felt this was the bumane, if that's the word. thing to do and now 1 think it.'s ti.e for us to have the benefit of our property. ArId r dO"'t think that .peee should be inhabited and 1 think th&t acrosB the board there'. Eichler inhabitant eo .. itllent to that principle. Haney LytlQ: OK, tha.nk y(,.u~ WOuld you care. tOo add anythi,nq to that? ~or9' RobMrts.; t second what sbe said. HADC)' Lytle; Very qood. RickY RObtrta: Could I tile a vritten .tateaent? • • :.' > Ricky Robarts: Do you want to look at a aap or do you want to ... a printout for that particular house? Hancy Lytl.; An::t-'thing you've qoOt and want to submit would be helpful. 12 Ricky Robert~ I've noted on there that this is a printout from a 19'6 aerial photo and that ther8 are others available and I would like to stres. if the dat •..• I don't think it iB trom listening to you talk just nov, but if tne date When that structure went up i. critical, I think the burden of proof is on bill. Raney Lytle: I think it w •• '81- Ricky Robert'; This is .y main letter but this ia a polnt-by point refutation of ... I bop<> it'. not too .uch yellow ink for you. Raney Lytle: I lU,e biqhliqhtinq. Actually, it's very useful. Thank you very .uch. Anyone e1a. ;rho would like t.o speak to this it ... Dora !lauett; I do not live in an Eichler and I don't live on that street, I live on Park Blvd. But I '. very IlUch opposed to this "tructure. I have been very active in the Charleston 'Kaac1<nN Bo_owner t • Association tor .any years.. r don't r.-ber ever gattinq anything in the ... 11 that ... ld that structure vas qoing to be _de laqal. Or that there .. as a variance applied for. Did anyone? Rickv Roberts: Absolutely not. And I can alao brlnq other n.iqhbore to attest to that. Mancy Lytla; our log &howa tb.ra vas a bearinq and the date that the notice. were _iled and it docu.ent. the regular foraal process in f B 1. Dora BArrett; Ny _emory ian I t perfect , but I'll sure that there would have been aoaa uproar in the neighborhood in that tl.e pariod bad that been true. Ricky Robert.; Absolutely! Dora Barrett; Maybe they qot lost in the sailor one of those critical .i.tu.... I do not believe, at this point in tlu, Vbatsver we can clo, that it shoule!. be .. de babitable, at all. I think that •• tho .. are very _est hese. in all ot our particular neighborhood and anything we can do to praeerve ¥bat we bave is very iIIportant. And certainly it is not a ealable ite. for her • to have a ... and I haven't apoken to her except on the phone briefly .04 to bave this structure practically in her backyard. I certainly wouldn't like it in aine. Thank you. Ricky BObtrtli When you saw it, from What perspective did you inspect the site. 13 Nancy Lytle: I haven't saen it trOD your aide of the fence and that might actually be ~ very helpful perspective for me to have~ Rickv ROb~rt.: I stronqly 8uggest it as HX. Dunlap says in his letter, too. r strongly SU9gest that you see it fro. the vie~int ot taking the picture preferably 8:30, 9 Which was when I trIed to use ay camera to qet the picture. H4DCY Lytle: Let m9, at the conclusion of this hearinq, try to set up soae time, in fact, to co.a by before the decision ia made .. 0 that r can look .. t it trom your direction. r think that would be helpful. Ricky Rob"rts: r would appreciate that. We both wOUld. All three of us vould. Hancy LUl.; Let me r"d these tvo letters which are the. other tvo pieces of correspondence that ve've qotten. -I'. writing to qive you ay input to steven Jeskyrs variance application. I do not 8Upport approval Cor this .pplic .. tion .•••• • Stev, Jesky: I 'Il sorry could you qo a little slower and speaJt up a little louder. KAney Lytle: I vill~ "1 do not support approval for this application. I empathize this the explanation of hardshipe and extraordinary situation. However tor th~ following reesons I find them insufficient to warrant qrantlnq & variance~ 'I'be existin<J structure currently has & poor appearance, encroaches on the neighbor living directly behind the structure .. nd is not fitting with the style of .laUar hoaes and additions. Eichler bomes are designed in part to live and fully utilize the backy .. rd aM". That is why the design of~ers very open views to the back. The view that the nearby naiqhbors have i. one ot a poorly deaignea and unkept addition. Nuaber 2, noisy neighbors, which I also .hare with Mr. Je.ky are not a compelling .. rqumant to grant ouch a variance. I aU9gest other solutions such as O4111nq the police and comple,ining: to the neighbors.- ~ r a\1q.gest n"'iOUotions firot. , e • , " "+ . 14 Nancy Lytle; -Nuaber 1, it you drive alonq Charleston Road I believe you will find a variaty ot housinq situation., however, in ~eneral~ the k •• pinq ot the homes detracts from the valUe of other ha..es in the neighborhood. I believe that variances &hould be approved it they are iJlprovlnq the value and. appearance of" the ~o.a and surroundir~ n.ighbor~ood.. Thi. application, in my opinion, clces neither. -And finally, the initial variance required the area be used for storage. I probably would bav. supported that specific variance, however I do not support the co.pounding of expect~tiona to What I believe to be tair an~ rea80nable residential building guideline.. I aA in the process of finishing" addition to my property. Prior to starting my addition I went through the riqorou. r.viev process of the Planning c.partaent and have ~ilt ~ithin the rules. I believe that these rules are to benefit all the neighborhood and although exceptions should be granted, they should be tor reasonable reque.t". I find granting" variance at odds with the city planning and approval proceu ~t llYNlf and aany of Ily neighbors have gone tbrough. Granted, doing it right i. a more expensive process t~r hoa.owner. &nd Bore of a ha •• le~ but it provides cofts1.tency in con.tructlon, appearance and housinq values. Since I ~ve offered a fairly har.~ opinion on the proposed application l Y will otter aome auqqGst!one that may offer some alternative. tor Mr. Jeaky. I believe that consideration should be given to the variance if plane are 4rawn and approved for 6X1:erlor rBlllodelling. If they are dra~ out tboughtfully, the appearance obstacle CO\lld be. lU.naged. rroa a visual inspection, I believe the exbtlng strueture could be modified to accolllPl1sh thi... Further Mr. Js .. ky could construct a privacy fene .. that protect. tile overt appaarance of the structure from adjoining ne1qhbors~ I believe trees and plantinq& would help: and l~~tly, I will help and apply etforts to reduce, to a reasonable noise and treque~ level, the late ni9bt hot tub noise extravaqanzaa froa our student neiqhbors.- steve Hancv Stove Bancv Lane • J ... ky, Lytle: Jpsley; lIl!:tl.g. Who ia that letter from? Dan Dunlap. Whicl1 address? If. sorry, I va. going to read that ... )51 Carolina • Xn closinq I was not one ot the ne ighbor. contacted by Xr. J_ky. I halieve that if be contacted neighbor. ~ho have gone tbrouqh the CPA planning process and built additions ~~ •• Y bave found aeager support. particularly if there i. a visual ,; - "" / inspection, too. All I want to do is keep ou~ neighborhood looking great and I look forward to .upportinq Mr. Jesky'll revised plan to do so. Slncerely, Dan OUnlcp~ Th. next letter is trom Jean Olmstead and lives at 240 West CharleBto.~. ·Since I ca~ot attend tho August 2, 1990 public hearinq at which tbe variance application tor 330 West Charleston 1. to be con.id.re~, I aa writinq thi. latter. 15 I request that the variance not be granted. One, because zonlnq should meart something and not be varianced away. Two, ~caUBe this block badly need. the backyard buffer area since there Is BO much traffic on Charleston Road In front ot ~~e hOUM.. Three, because granting this variance would set a precedence that would leave the rest ot US on the block to feel antitled to enlarging into our backyard a1ao. Four, ~caUBe the i-.ediate neighbors would face the prospect of .ore noise, more llqht trOll ~., area that ordinarily be uaed for trees or lawn. In other varda., I think: that it 1. bportant our small backyards survive as areas f~r sunlight, trees, quiet" privaoy. I don't want to see thea gradually disappear. r want. to aM that r went over and tellr.ed vith Mr. Jeeky this :aorninq. He 8howed .. e the storage rooa and could not have been .ore pleasant. A possible solution, Hr. Jeaky tells •• he could buil~ a •• all eMition, 6 teet deep a:leI not IIOre than halt the width of the house at the rear of hi. hou •• without qoinq throu9h the variance procedure. This would 9ive hill rOOR for a bathroom which he 'Want. it would .e.an we are following the eXistinq rules" Which I would prefer. SincerelYI Jean Olmstead- After readinq that, I have one que.tion tor MS~ Ricky, if ! .1qht, an~ Mr. Ricky and the other IlUIbero. Ricky Roberts: Robert B ~ )fancy Lytl,.! I'll sorry, l\.obert.. What I hurd in the letter frOB Stan Dunlap that I don't hear troa you, and I ju~t want to clarity it, 1. that he feel. that that area ot the house could be reaodeled if it were done prot ••• ionally in a way tnat would be BatI.factory to him. But what. I bear you 8ayInq i. that even if an architect were employed, even it an architectural drawing were Used. that you don't tin~ that configuratIon to be acceptable. Biro Robert.: '%'bat' B cor:r&et. Not at all ~ I think that... Let am clarify somathinq tbat earlier I Bay have given the impression that! don't think economio development ot the houses ia qood or that! ••• that'. not my position. I tbink that Dunlap aMition ~, 1 •• arvelous and he didn't intrude into that 20 foot setback at all. They figured out how to pat it on the front of the houg •• My position ie that tho 20 !~t setback be stri~tly enforced. That it was part ot the original concept ct the Eichler devalopaent. That we bought without •.• Mr. Jeaky's saying he bouqht on certain presumption., but we bouqht a planned devalop_ent and we want and li~e that privacy and I don't have it now.. Especially since live been seeiI\9 that light. I r. changing ay furniture around but I ait and watch television and relax and that liqht eo.es and interferea. So yea, I'. saying Bomethinq d1ft.rant, Z'. sayinq soaethinq different than Dunlap says, on the oth~r hand, I'. think Dwllap haa dona it the correct way. Is that redunde.nt1 He has pre •• rved that concept. He has a beauUful ruodelUng, ie that wJ>at you call it, replanning, auqaentation, whatever you want to call it.. That'. what I favor. Mot thi •.•. if the p~evioas ownership had been amenable to neqotlation, I'd bave been objecting 14 years aqo, Whenever. I would have been he-re, 901119 throuqh this process. SUi;. WB felt we couldn't deal with hi •• Nancy Lytle: Alright, I think I under.tand.. Does anyone have anything to add. Would you like to respond? Steve Jetky: This i. Steve J •• ky again. I haven't been takinq notes as my neighbor. gave their public Input 00 there's probably lota of thinqs I'va forgotten. A couple ot the thing. "Uck in .ind that I would like to ~nt on. I tried to walk around the neighborhood and apeak to those people I could find bOIl... I never did ! ind Mr. Dunlap bOIle on the weekends when I tried. I've drIver. by on Charleston ••• on carolina lots of tia •• and froa what ! can see driving by on the .treet hi. remodeling looks beautiful. But I'll .ake the point that hela on the other side of the Charleston/carolina property lin. than I &a. When he extsnded his hOUS6, he extended it~ not into the 20 foot setback, al )(ra. Robert. has pointed, but he extended away frOll Charlaston, whicb ill the prisary source of r~ise in that neighborhood. That·s the direction I want to enend it, too. It' .. just that hill housa b already that lIuch farther away trom Charleston, .0 ha extended his towards the atreet on carolina. He raiaes SOH pointe about the 8.rterior of the house and the fact it could be done tastefully with plantings or whatever, I'm certainly hoplnq th .. t the eventual plan .. I sulDli t as .oon as the variance i8 granted could aeet with the city housing depart.ent and have thea );)e respectable and aesthetic and nice. I haven't coneidered bavinq an architect draw up the plans but I guess I would consider it if that were .ade a condition ot the variance. Se aentioned having a fence there. As I understand the Palo Alto fence rul .. , a rear fence can only be •• ven feet high and so obviously then if I build a new rence that was seven feet high, 17 it would still he possible to look oyer it and see the top of my house and the top of this rOOD. SO! cO".lld.n't build .4 fence t.."lat w~s 80 high it couldn't be seen. NancY Lytle; XI. Roberti, i. the light coming ac~os. because the fence is too low? Why are you gatting liqht? Ri cky Roberts: your ~estion. You would have to see it at 8:30 or 9 to answer This structure blocks the sunlight. Nancy Lytle: Oh, I Bee, it's not an artificial light. I didn't understand. Ricky Robertll Let's back up ... That's a very important poin.t .. This invade. tbat 20 foot setback. HaneY L:ytlej casts shadOY? Ricky Rob.rta: That'. right, the sun can't qet through there. It "an creep around <IS I att_pted to show in that photograph. I really wiah you'd look at it. bncy Lytle: Yes, I'. qoing to set up Bome tiae to cOile out. !!icky !!oberts: lind I'd like to ask you anotber question, it I find, II. not clear on ~at now, if I find the Beatings Which lhow the previous rulings which had those people restore garages where they tried to go into inhabitable liVing apace. would that have a bearing on your deci.1on. I'a not clear rl~ht nov~ Nancy Lytle: Illeqal garage conversion q_nerally does aoaethinq that thiB conversion vculd not do, and that is, it takes up what'. required parking and there tore results in automobiles either in th9 front yard setback or on the street. So it's slightly different uoa of noraally uninhabitable space. I also bave denied~ I can qive you soae exaaple8 of garage conversions that I have denied, but hava actually ~een approved on appeal. So there have been some inatances wbere tboae ~enlals go throuqh and are approved. Ricky Bobert .. : At the present tr.., we alread.y live with, all I facs the proparty on the left, the plaoe is very crowded with carl!J~ Haney Lytle; We'll qet back to you~ sir. RiCky R~rt.: There'. approxiaately a big truck and three cars there. It looks aore like .. parking garage than a city ~e.idence. The .•. Nancy Lytle; This projoct has parking thoQgh. The gara~e is not the iseue at 411. Ricky Robert.; I kn~, I didn't want to qat into that. I just want to say ••• I tryinq to point out how danse the neighborhood is, extreaely denae. And then, a1ao, It. not sure that th~se decl.ions •••• I think it would be worth my while to do I lIttle aore research. Kaney Lytle; You I re welcome to del it. Ie Ricky RobertI; You see Itve had to learn a lot~ r only got Mr. JeRky's letter last Friday. Hangy Lytle; We can continue the hearing if that's acceptable to everybody, to allow ber to do .oa. addIt10nal research if she'd like to and I can qo out in the tield even without continuinq it. RJcky Robert.: ltd like a little additional time to edu~ate .ys.l~ about the easement. Haney Lytle; ~ell, the a .... ant I've qot here. There's no need tor that. zt's a 5 foot eaBeaent across the back of the property. Ricky Robart-; I don't know bOY 1 t t i te in ~ Haney Lrtla; Well, COila. and look.. The next aqenda itaas on it 'and we just continued one froa today so eiqht it ... aqanda and quite buay. We don't want to unnecessarily. hae seven it "Ill be delay an Ricky Roberts: Well, maybe I can furnish acSdltional information as soon .. possible on that rSllKa.rch. WoUld that be acceptal::lle1 Nancy Lytle; Is that acceptable to you? steve Jesky; It's acceptable ~ ••• ir you want. If her only que5tion 1. on the easement, however, the city records showed that it's a five foot eaSBRent into their property and a five foot ease.ant into ours. The addition isn't within that five foot space. l!iC!CY I!oberts; But it'" awfUlly clos8 1a the point. Kaney Lytle; As long as youtre out of it thera is no iSBue. can build riqht up to an ea .... nt. You've showed it on your and it's documented here. It's five toot on either side. ~Robert.; I. this one that I can take. NO, this says office copy. You map ~ That's OK. You can have it, we've qot it In our office. • .', - Ricky Robert'; I'd like to know a little bit more. Have we 4qreed that a continuance 1s not neceasary? Rancy Lytle; I would actually rather not do it, if we 4on't have to. I'm thinkinq ah •• a. MY mind i. clickinq to the two items I continued earlier and the saven items that are already on that aqenda. Ricky Roberts; Say you give .e a few days to do a little additional research. And then I simply bring it and file it. Is that acceptable? Also, ve have a .an who wants to tile a latt~r. You ~~OW, people are havinq a lot of business trips this ti.e of year and be wants to til~ a letter. That', permissible, right? Another letter? Nancy Lytle: r don't take intor.ation beyond the close of the public hearinq without continuinq the hearinq. Ricky Roberts: OK, IJd l1ke to ~rinq the research. steve Jesky: Do I have a chance to reapond to any research? As I unaer .. tand it, I woulan't. Naney Lytle: What I'd like to do is continu~ for a whole .onth, to the first .eeting in September. Steve Jesky: That's fine with .e. Hancy Lytle: rs that OK with you? An4 then that WQula allow her plenty of tia8. It wouldn't end up on one ot my busier agenda., it would be, hopefully on a liqhter agencla. Ana that way, ahe'a have ti.e to submit the inroraation, you·ll have tt.e to respond to the information and then wa'll aake aure ve !:lave everyth!nq cove.red. There's no rush here, rig-ht? You're not ••• nobody's in any hiq hurry I believe. Steve Jesky: I started talking with you over a year aqo. Haney Lytle.;,. I know. ~J.Qky: I'. here for the long run, not a quick killinq. l!ancy Lytle: Yes, let'. do that then. lAt'. continue the ita. to the first hearinq in Septaahar, which i8 the firot Thursaay in Septa.ber. Shall we qo to the ... ccna meetinq in septa.ber? steve Jesky: That's tine with ... HanCY Lytle; We're qoinq to continue this it .. until the second ... tinq in Septaaher. which i. tho third ThUraaay in septa.ber. And that will allow •.. First ot all, betore you leave today If. qcinq to oet up oOlle tae to come by. In fact tooay "aula be a • 20 qood time tor me to do that actually •• ~. no maybe it woulCL,'t. We'll arrange a tim. anyway. And you can qo ahe.ad. and do your reaearch and submit it. Hr. J •• k}-can have a chance to review that and respond to it if he vanta to and we'll all meet back, or anyone yho wants to continue on, can meet baok on the third Thursday in September at 3 o'clock. Hov's that? So we'll continue the item. Steve JeBky; The~e are quite a few thinqs I'd like to say 1s now an appropriate. time? Nangy Lytle: Please, yes, I'. Borry, you got cut oft there, before ve continue. Staye JesJri: I rememl::ter even fewer of the things 'that I wantM to ooaaent on, but one ot them was about accepting heareay and the tact that I had some of my facts wronq. I'V6 always said I don't know when the thinq wa •• ade. I don't know who made it. I didn't have. a chance to speak to Kra. Robarts, but I did come around and speak to her h\Ulband one tia.. And hia words were very close to --a8 I remeaher thea --that it's always been there. ~~ 80 since held told me when I spoke to him that you quys aoved in in '64, I assumed it was built by whoever before 1964. Obviously I hear you aaying that I was assuming incorrectly, but that was the ••• umption I was qolnq on. The other assu.ptiGn, the other piece of evidence I had in that reqard" is tha.t I apoke to lEY nei9hbor on the east side, down Charleston" right neKt to me, Mrs. Martinsan" and she said it was there when they aovad in the 1974. Now, there. aqain~ I assumed it was because that's what sbe told .e. But I bave no way of ltnowinq. All I know is what the plan •• ay. I'll qlad you clarified the fact that the ceJlent floor was on the oriqinal drawing plana because that'. another one gf the facts I would bave co.manted on" that it wasn't originally a wood floor, but it's always been that cement, at least according to the plans, which i. all 1 have to qo or.. There's probably Iota .ore things that I should say but I've torqotten them and weill be continulnq aqain • Rim R?hert.,; Could I .alte a IIhort add it ion there ~ When Kr. Je.ky caae around -we and our neighbors that face the property 0..'"'1 tha lett aasu.ed that thi~ vas somewhat of a qet-acquainted visit and ve didn't really take this very seriously at all. The neighbors next door were havinq dinner, and they said they just, it was very cursory. In his appllcation, there ia a lot of quallfylnq lanquaqe about "I spoke to neiqhbors who were at hoae who would answer the door .• -and BO forth. So his canvass was very cursory, if that'. tha word. The other information of the neighbors, i. hearsay, they are not here to be questioned about it. I have tried to plead for, ask tor, requeat that our t •• tiaODY ba veiqhted because are the llost contiguous nelqhbor , \ • who have been coapasaionate and put up with the hardship of having this for about 15 years. ! think this is the first t.ime V8~d had a chance to talk, to Bake a qood P-Achange o! our viewpoint. 21 Haney Lytle; Your input is obviously the most valuabla to us. P£ople that are a couple of houses away or just within the radius or 80_eon8 whose int6~ested, it ia aleo welcomed and we appreciate ~~oBe concern_ very much but its the people ~~at are experiencing the direct impacts who qenerally are afte~ed the .ost. Ricky kobertS: There's« tendency to be indifferent it it's not right in your backyard. l!2n...Barrett; I think lin. RoWrt •• aiel that the light when .he watches television at night cIoes bother her. Nancy Lytle; Yes, r thouqht I heard t!1.at, too. George Robert.: It bothers .e J too. Ricky Robert.; .It I. because we use, •• I saId, quote Frank Lloyd Wrlqht incloor-outeloor ane! the back larqe vine!ow is not earpetOte!. elrapecl because.,.!'. very t1recl by now ••• r ~ct to live In ay whole house as Kr. Jeaky Ba.y., I expect that ay whole property inclueles him sta.ylnq back there. Nsncy Lytle; The fenee isn't high enouqh to block the light? Ricky Roberts 1. No I :I think the fence Is legal. No, the fanee is not the prObl .. , the fence wea qreat when it eaae up because it put • atop to the doq problu. ~~ Tber6 1 a no privacy if he puts a bedroom back there, there will eartainly be aore windows and more light at night. plus a light over the door which there 1s nothinq to stop tha.t trOll shining over the fence. I think it's just too BUeh. Ricky Roberts! And finally. one brief last question J and that is can this be ••• if the variance is 9rantecl. Hr. Jeaky q08. &beael and converts to inhabitable. apao., can it then be sort of upgraded aore into a .ultiple elwelling? Ky Whole faeling about the th1n~ i. encroach, encroach, encroach, in little steps and finally we're qoing to put the stlllllp ot approval and r think that 1 s just ~~traqeous. Nancy Lytle: The!'e is no opportunity in a sinqle :family zone tor cIolnq any .ultlple family. It a lot i. 30' larqBr than the .ini_wa required:, there is an opportunity tor what is called. a eletachecl .econe! elwBllinq unit. Thill property as far as I know l •••• what is the size of the lot .•• • ./' 22 Steve JeRky; 6040 aq.ft. Naney Lytl.; It does not meet that minimum size requirement. It eouid never have a second unit on it. The conversation you may r ... aber .Y having with Mr. Jesky at the beginning ot the meetir~ waa, to .cae extent related to that issue. We, in the PlaMinq Department, one thing we alway. look tor in any addition is that all part. of the house must have interior access. You can't have some portion of your livinq areal which is independently accessed and haa no throuqh connections to the rest of the h~aa because all portlons of the h~use must be available to the same common kitchen. That's what de tine. a aingle family unit. We qet a lot of proposals trom people who are trying to set up a situation where there can be indepandent living quarter& and ot course that 1. a touqh thIng for citiee to monitor. Because what happens inside of ho.es i. not our business and they can do ~ lot of things without us becoming aware of it. But we do at least in plana always .aka a check to see that there is good circulation and that all parte o~ the house are connected. And that there's only one kitchen and the electrical and pluabing is set up that way and that nobody's sneaking .a.ethlng by ua in that respect. We t re very cautious about that. Rioky Robert-: Well, I think anaa1<1ng BOlle thing by the city raquireaant. haa been the Whole history of this property. Haney Lytle: rhe thing is in _kinq ay decioiona thouqh, I cannot .... I appreciate your concerns and. I know there haa been preViOU5 probl ... here, but I have to look at ••. I don't even look et the personality ot people, I don't look at the behavior patterna ot people, I have to look at the structure and the worst cae. scenario tor the use, ••• entlally~ So if this had been a vell-Baintain~ piece ot property or poorly-maiotained pIece of property, II. qoinq to have to consider it the same way. Because property can always change handa and the variance goes with the land, essentially. It's not related to any Bingle person and, aloo the history relevant in that ••. Ricky Rgbert'; I think it's very r.levant6~. Nancy Lytle; understandable ••• it'. nec" •• ary to MOW how this thing got constructed originally and it'. very valuable to knOw the feelings of the neighborhood about it and why thera'. strong objection. Because, frankly, in most neighborhoods something that's been there that lonq Is qanerally easier for the neighborhood to handle~ In this instance, it is not the case. Blak)~ RobertI; rhi B i 8 an except ion. NIDCY Lytle: Thi. is an exception, exactly~ • " , 23 Ricky ~ The neighbor. in thia situation have tried to be very compa •• ionate about thiS situation and I feel Hr. Jesky want. to come in and capitalize on that. One neighbor .po~. to me and said, he'. using the students and he'. going to use you to increase hi. property value. So, that'. not Bomebody I eoul~ get to the meotinq and say that. Xaybe I didn't put enouqh effort in my research in havinq a list ot supporters, people to support that view. That property' I!I bee.., very problematical, I think if you think in terms of equitable principle, Ifa leqally trained, If. not a lawyer BO I mean, there's no equity if we've put up with the situation tor 15 years, qetting close to that, L~d Mr. Jeaky eoaea alonq and clai .. that ha'. a tirst-time buyer and ha doesn't under.tend cave~t emptor and be'. qoinq to capitalize on tloaet.h.ing that we 've put up with. I teel vary atronqly about that and thin1t that it .. ~ld be prevented. And nov Ifa 80 tired I'd like to stop talkinq. stave Jesky: I don't have .y notes with .e but rroa memory Krs. Monroe bought the house in about 1978 1 so we're not talkinq about 15 ye&rs. At the .oat, .V8-~ if she put it up, or her son put it up the instant they moved in there, then that would only be a dozen years.. Sbe talks about caveat emptor and I didn't know ,;h4t I w" qettinq into, I researched that hou .... betore I bouqht it. I didn't b~y it at a demolition .ale, I bouqht it trOD tha County of Santa Clara, leqally .... po ..... red to act aa the quardian ot the estate of Xr8 .. Monroe .... Ricky Robert.: Right, that say. a lot. ]fancy Lytle; Let's not bave any c!isous. ion between the. tvo of you, let's just address the chair, please. steve .:leW: So I bouqh tit fro. K:ra.. Monroe as CV"'~sed to any d8Jt01ition sale. I paid a fair price for the b~use; as opposed to qettinq it as a ste.l, ""ich is .:!>at YOll aay think. That house had that structure on It when I bouqht it. I checked with the city of Palo Alto before I bouqht it and foun<! the variance and the plan and thu. determined that the 8tructurs was leqally there. EVen if it wOI>ldn't be the sort of thlnq that would be allowe~ to build these days. to which I say. Thank God, I vouldn't want sollebody to build that naxt to ... either. It 10 axi8tinq there now and I'. not trl'inq decrease the value ot the property or decrease the ne19hbo~hood, I'. tryIng to increase whet the neiqhborbooc1 is like and iaprove it. Thank you. Ricky RobertSi When does Mr. Jesky claia tha.t Konroe-took ownership of the property? ~Lytle: I think ba oaid hi. chain of title indicated in the early BBventie.? stBYa JeskYi I believe '78 sticks in my ___ ory. Rleky Robert'; No, that's wronq. That's absolutely wronq. Beoause ve vere bavlnq all the difficulty ~ith Kevin Monroe at the early .eventi... 1'11 have to research that. MIncy Lytle: I don't know if any of it Is relevant to be very honest vith you. Bigky Rpberts; If we take in the ~act the Monroe's took the bouse in ·78, that's not tactual. 24 Mangy Lytle: The requaat betore us is lihethe:-on not to inhabit that apace. It ia not whether or not that space is going to be removed, because it's there and it's leqal, our files indicate that. So that's all we're hQre to consider, regardless of the past. That is.ue is very helpful in understanding the neighbor's concerns and what!. more iaportant to .e is qettinq out to your p~y and determining what are qoinq to be the direct impacts on you free ~lvinq in that apace. Because right nc~ it's qoing to stay the way it i. in term. of its envelope. It's not required to chang. unless Mr. Jesky decides to do that. With variance vbat can happen is that be ean further iDprove it tor habitation and he begin to live in it. That's what I need to aadress myself to an4 I do think it woul~ be helpful to a.a it from your perspective to get a bett.r feeli09 for that. . Ricky Roberta, Absolutely. ~ 38gb: Certainly, Ifd be happy to have you inspect any part of it that you'd w~nt to, at your conveniences also. Ca.aents were made about a light above the doorway shining into the yards. Obvi~".ly, I'd be happy to have it be a condition thet there be never any light above the doorway. Something I thought of, speakinq of doorway., yhen we were t41king earlier as far as eqre,s. to the rest of the hOUle, the way it is now there's in the orlqinal house there's Bort of one hallway ~~d then radially around it the thr68 bedrooms ir.cludinq this one ~~at would turn into an anteroom 1 sort of a larqe hallway. '!'here &g-&ln, Ite! be h.sppy to remove the doorway into that bedroom, have it ~ Obviou.ly a ball, just an enlarged hall there at tbe end. Or do a siallar thlnq at the adjoining place wh~re that storaqe roas was built on to the requ1ar house, or whatever, to make sure that there is no <IoUbt at ,,11 thet it is going to be part of the r89U1ar house, it is not ••• Ita not plan..'"1ing on using it ,ss an in-law apartaent or renting it out to somebody whose going to put in a hotplate or whatever. That's going to be ~y bedroom. Maybe it va. co .. ented that the outsi~e of the place look. horrible, it certainly looks horrible, I .&an there's pealinq paint, it's ratty construction. I'. planninq on fixing that. Kanqy Lytle; All riqht. Do you have soaething else to add. \ " 25 Ricky Roberts: 1 ~~ink what h. said 14 an argument tor not a11o,<1"9 it to becolUl inhabitable more than for 0110",1"9 it to become inhabitable~ Re 85y-8 it'll ratty construction, and so forth. Se'l mentioned leaks in the root and it only went up a. an ani.al protection sort ot a loan-to tor •.•• These people were BOra inclined to live in what 1. beyond the suburbs, in a place ~here they'd have them out by far.a, BO they had unusual nuaber of animals. That's all. !laney Lytle: All riqht, Thank you very much for co.i"9. We'll 90 ahead and continue the h.arl"9 to the third Thursday in sept. Nancy Lytle: Should we .et up a tim. for •• to drop by? You said the eveninq hours are a good tt..? Ripky Robert.; Onfortunately r it you co •• to see how tha.t Itructur9 affects the .un, that would aean to be at 8:30 or 9 in the aornlnq. BUt it you caa. to .e. the tact it's a qlaring eyesore with a liqht 9Oin9 out the window and that curtains are not qoinq to make it any better, ~~at'. past dusk 8.30, twelve hours later. Battey Lytle: What do you recou..nd that 11 the belt? Ricky Roberta; I'. thinkirl9 ot. .y strong-.at a~ent, I r. just learninq th" ropes of this hearinq. I think .y atronqest arquJle1\t fa that the character of the Eichler ..oould be preaerved and that includes that 20 foot lIetbac~ to allow sun access, so could you COlle in the IIOrn!nq? Haney Lytle; certainly. Hev about next Tuesday lIlorni"91 At 8.30. will that do? Ricky Robert.; Tha~'l1 be qreat. IIII se. you there. Naney Lytle; And you're dqht h<!hind hi.. So I qet to you frOll Wllltie? Ricky :Robarts; We're between wilkie way and Park Boulevard. If you take a peek at the map, 331 Carolina. '!'hat's one block north of Cbarleston, hi •• tre.t, and between Park Boulevard and Wilkie Way. And I will call in for an appointllent1 NancY Lytl.: To do .~e file research? Ricky Roberts: To bring you .y research. Hiney Lytle; I cSon It think you really need to do that, juat submit it. Zf you'd like to •• a •• and provide aore intormation, you can ma.ke an appointaent with ae or COM in -on Friday morni"", is lilY walk-in hours. The pUblic hearinq is nov closed. Thank you for COlIi"9' • ,/' 26 sept-.ber 20, 1"0 NanCY Lytl.; Good afternoon, this is the Sep~ember ~O, 1990 hearinq ot the Zoning Administrator tor the city of Palo Alto, my n ... i. Nancy Lytle, I'. plea8.~ to see all of you here. (General pu.~s. and instructions for those who have never been to a ZA .eetiny) This ita. was continued fro. the August 21 1990 h~arin9. Since that tiae I've hed the opportunity to go out in the field and view the situation frOll xrl .. Roberts backyard and fal!!ily rOOD and a180, I've had an opportunity to qet into the back of ~~. Jesky·s property and see the atorage tacility trom th~t side of the fence. So I ·va been poking around on both sides and W'e have received considerable intereat in this p~oject and expression of opinion. Metva qot a stack ot torms that were just brought in prior to thia hearinq and are being tallied by staff, collated and auaaarized for my benefit and 1 knew, I ass~e all of you are here to speak to this item I .ince it 1& the only item left. We don't need to •• tablish a ii_it on speakers, but I would like to clarity, there was one ca.aon thr.aa ot misunderstanding that I ow i" the responses fra. a lot ot people that r'd lilte to try and clarify before we take apeakers and then allow you gpealt your _ind bere today. The one thing I notIced is that a lot people teel that the structura .hould be r&moved all together and the variance that vas oriqinally issued vas a baa decision and it'. ~ position that this i. not something we can reverse at this point. The appliCbtlon before UB 1. not wheth6r or not the structure stays but bow it is used, either •• storage or as livin9 area. So the variance was qr~~ted in 1981, th. appeal period for that decision expIred long ago, the structure was Issued a ~uildin9 peralt and was constructed in compliance with that building perait. There vae a discrepancy, I know l about where the property line vas exactly.. It seeo, Itt.. J •• ky has pointed out to me I alS has the neighbor behind bla, that the fence vas used as a reference line in the construction of the project, and in the original variance application and that the fenoe is actually ona toot 1n OD the Roberts property, aa I und~rstand it. Therefore the original variance was tor 10 teet aome odd inches and it ~as built 9 teet some odd inch •• , a toot otf.. Beceuse it's ~en there for 10 year. and the building perait allowed it to ~ eon.tructe4 that far away, r think it'. got a legal right to reaaln there. I will reviait that issue with the city attorney's office before I make any deci.ion. But sy position as ot today i. that we oan't reverse that, ve can't take tha structure off • .-.. ... ..;.., / 27 the back of the building at this point, it hae a legal right to be there. So any coaproai •• could only be done with approval of this applic4tlon. w. can't deny it and say OR pull it back thie tar or that far, we'd have to approve it to reach any kind of compromi •• that .!ght be reached. So I jUlt "ant to clarify that tor everybody'. 8~k. her. before V8 bead into th. proce •• ~ Ricky Robert': Could I make a co .. ent on that claritication? Kancy Lytle; Certainly, if you have & question to ask. Ricky Roberts; I'll state very briefly, I thiM that it'. understandable. that a lot of the people were shocked to learn that vas a. variance, becauae we 4idn't knov the 1981 variance existed. So obviously, no on. took "''"1 appeal beoau.e we didn't know there vas a. variance to appeal. And further, there are J1any people in the neiqhborhood who didn't receive postcard. notifying of the public _tinq and I brought that up to you last tue and you said .. ybe they "ere loot. But r find it difficult to think that 49 postcards or whatever "ere lost in the .ail. I'll keep that brier because this is very active in II)' a1nd CrOl!l a legal standpoint. Kaney Lytl~ OK, that's tine I I appreciate that. Will the applicant like to •••• Jfr'~ JohnsDn: I'. Mr •• Johnaon, who lives on the 'Other ai(fe of Charleston Roed, hvwavar I woul~ lik_ to .peak to the point that the variance has alrea~y been 9iven, the building 1_ there} and we have saaebody who really wants to l~rov. on it and do SOIethL~9 with it and I don!t s.e any rea.on Why that sbould not be granted. And that'. II)' opinion. If people want to c01llplain about what people are doinq to bouainq. T::e house nen door to us vas juat sold last year, and I wi.h .oaeone would go down there an<l tflll tho to do something about it, it's going to pot. :Now that'. sOllathinq to coaplain aboUt. But tharets nothing-we can do. I think that as long as the building is thore and it stays, that to deny Bomecne to want to iBprove it doesn't seem rig!lt to _. Nancy Lrtl-U. 'I'banl< you. Let'" let the applicant go first, since that's usually the procedure I tollow and then we'll let everybody else have* .. Mrs. JObn'on; I'm sorry. Nancy INtle; That's quite alright, we got off track and on the wronq foot, please. stay. Jesky: My name Is steve J •• ky, I'. the applicant. r live at 330 West Charle.ton and own that house. It's the only hOUBS I own. r already brierly Buasarl.8d the project at the first 28 bearing a .onth and a halt a90~ So, unlesa there's specific que.tlon. or i •• ues that are raised I don·t propose to qo into that INch detail again. 1 think everybody here is fa:milior enough with the project. Many y.ars ago this addition vas built and s".. years after that a variance vtta granted to PElI"Ilit the .tructure to *xi.t as an acoa.acry building. And lim asking tor a v~rianee to convert it into inhabit~le 8p~ce. I propose to turn it into a ~st.r bedrooa. Unless you think I ehovld say .ore, that sums it up. Naney Lytle: No, I aay have qu •• tions tor you aftar I hear from other speaker". Who would like to speak to this itn? RiCky Baberta: If. Ricky Roberts and I live at 331 Carolina Lane and our property ia the most adversely affected. ltd like to point out .cae aiarepresentation., actually lies that Mr. Jesky haa used in order to try qet this variance to conyert. The first thinq is he told two neiqhbors that he paid $319,000 for the property, but I spent quite a bit ot tia. researching into the probate file or Marilyn Monroe, the previous owner, and that shows clearly, and I have round that paper with the Planning Departaent that Kr. Jesky paid only $~Sl,600 tor that property. SO there'. quite a discrepancy there. He alao misrepresented and lIed about the drUmmer, the atudent, the qroup of students living next door to hi.. And I have a letter fro. those e.tudents which I would like you to read it possible which explains that situation. ThesIS .tudenta are qravely concerned ,~ut his approach, s1.representation. Also, on one of the drawings that he filed vith his application, he sbowed the peak of the structure that's mid section of hi. boUse, he represented that to be 9 teet E inches. That structure is c19arly tw.lve feet tall. There's a~other ai.representation. Ona of the people who signed in opposition to the variance vere happy to a1qn because Mr. Jesky represented to hiB all he wanted to do vae a roof repair. So when h~ heard the whole story and heard that h. does plan to try to get a variance to do a conversion, he vas happy to sign because be said -I r-•• ent his .isrepresentation.- Be alao a1~represented the opposition to the variance because I have also tiled before with you to show that four out of the five contiguou8 neiqhbors oppose thill varianc.~ And Diana Attle who liv.. next to .. also feels the structure should be torn down and .oved back. So that'. that. The other thInqs that I'd 11ke to bring out is if you go down the technical list of requir ... nta to qet a variance, and a variance is supposed to be a lalilt reaort --I've spant an a.wful lot of tla. studying thIs caae, and I don't understand why the pr.vioua Zoning Adalni.trator granted that variance because the property 4oesn't tultill any ot these requirements. Itts 5S feet • 29 vide, aB ao.t of our properties are, the total .p~ce ia 6,044 so there·. no bard.hip th.re~ on lot coverag8, if he's granted the variance, vill actually exceed the code •• etions which I quoted in a letter to you. He would exceed the lot coveraq8 permitted on R-l zoning &nd ~l.o on floor area ratio. It he's qranted a variance be would exceed what'. allowed in that book, the R-l. He doesn't ••• I don't know why the previous •••• on what technical point ~~e previous variance vas granted and I see no reason for the present variance. I have other co ... nts fro. n.iqrJbors here which I hope you ~ill read. The uin thing rs our privacy aM th .. foot that the 20 foot setback is really very i~rtant fer the Eichler plaru,inq and has to do with Why .any of uo bought in the tract. And I'd like to ask at thi. tiae it you could spend a lew Dore .owent. cosinq out, not to talk further about it but to see the difference in this situation we have with the common rear prope.rty line. with Mr. Jesky and go three houses down and see a situation Where the 20 toot .etback i. observed on both sides of the property line. I tried to photograph it, it doesn't really shew up and it really doesn't show up, but you would see the difterEnce i-.ediately. Maney Lrtle: I'el be happy to coae back out9 RR, Can I give you these to read at thb point, the """"""nto and the letter froD the student •• HIl1CY Lytle: You want :ae to read them for the record? Ricky 89Parts; I think the letter fro. the .tudent. should be read, especially And L~is i. a copy fro~ an out-of-town owner. Thi. is " question, this lady wanted to ~.. to the meeting and couldn't. And there is II. COllJlent at the bottom there. It-'a a lot ot paper, it's not really tbat auch material. Maney Lytle, ox. Is the highlighted the •••• nce of it? Ricky Rob'rtB~ I think allot the students' letter is vary relevant. NancY Lytle: The students have written: "While we believe that we WOUld be unaffected by the outcOIIe of the variance, ~ are gravely concerned by the .isr.presantations Mr. Jesky made in hi. or1iinal application for the variance. It t. trouble.cae that Mr. 3esky's cho.en innuendo, exaqqeration, and lie. to secure his wiahes. For the record, no druaainq bas ever taken placs in Ol..lr ho_ at 11:4.5 P.M. We eillply would not perait "this to occur. The point is also now .oot 4S the cSrwm.er has r.located to San Francisco. ~ part i •• 90 we .oatly hav. dinner parti •• of 6 to 8 qu •• te, our hot tub i. rarely used even for our own enjol'llent. Finally, 1Ir. Jesky haa neve .. approached -....... -------,.--------- , -. .~ . --:!::.:.:.. ...... -------,/' 30 us with any complaint., We especially reqret the fact that he naver-approachec! UI!I about the variance. He seems mor.e concerned about .1ainforainq our neiqbhora rather than keeping us info~ed. Had it not been tor a. ne.1 qhbor, we would have ne?er known about the vari~nc. or hi. lIes and .i.lnfo~atlon about us. Based on thi., W8 are diaappointed and concerned aboUt Hr. Jesky's lJIanner in applying tor ~~e variance. W. hope that it will not be qr,..nted •• I should .ention thl. type of inforaation isn't parti~~larly relevant to the variance findins., tacta and evidence presented~ ai. character doesn't have a lot to do with whether or not the findings are •• t. ~ Besides the fact he .aid he w.s bothpred by the dr.JllJlera and lIiarepresenteeS.... I don't think )(r~ Jesky has a very qood record for truth and veracity. I think it i6 t.portant, the druaaar didn't dru. vhen he •• id he did. The student vanted to ccnae imd tell it in person. I'm sure. that he would have been able to tell it a little better but h. has a job in additioD to being a student. Haney Lytls: It'. just not aeaathinq va would even consider ag. relevant thouqh. Whether the nelqhbor'. drwDling took place at 11: l 0 1 it r. ons person r. 1I:'ord aqainat another and it·. not ~iriC8l1y .... l.ted to what are the lapaeta going to be fro. ~e use of this structura, usinq it tor etoraqR aa oppos~ to using it 88 a living area. What vill be the land u •• effect. Bi&ty Robarts: Tbat'. what he !i&va .e. ~Lvtle: OK. Ricky Roberts! Botb the students I talked to are very responsible, I WIlS impressed with th ... laney Lytle: I've got & nota fro. Ernie and Hazel Eickworth? Bigley Rpbert..: Tbeyrre out-ot-town owners. Haney Lytle; They say they ••• the variance is unacceptable. If it ware qranted~ it woul~ be a toot in the door and fuel for future violation. ot the 20 foot setback require.ent tor lnb4bitable 81'4Ce. ·W .. hope tbet Rick)" Robert .. accumulates enough signature. to impress the city fathera,- Jane Barrett'. question? Ricky l\obert.: It's sort ot' three questions. laney Lytle; She would like to know i. this the first house that JIr. J811ky baa rBJlOdeled or hae he remodeled other l'louses and how • • 31 &any bas he owned? And~. can allow hi. mayb~ re.pond to that if he caras to, we'll come bac~ to Y~l at a later date~~.at a later point in ti •• , hopefully not a later date. we shouldn't go on to the vee hours ot tlle aorning_ The re 'B another from Ricky Robert.: Just a coaaent •... ~ This Is your letter essentially. Rill Roberta: No, there'. a co_ant down at the bottom. BAn&Y Lytle; A note from Kathy OCata, ia her na~e, 541 Carolina Lane, in Palo Alto. -The City of Palo Alto au.t continue to uphold tbe zoning law to maintain its hiqh standards. A 9 foot S is much too close.- Ricky Roberts: She'. ai_ply saying that ~e thinks the 20 !"oot setback should be obBervec!. Haney Lytle: I'd just resind everybody, the aetback is not golnq to chanqe.. The setback for the gtructur. i. the SaJIe. 'I'bere i. no addition to the structure 1n thi. reque.t. 'I'here 18 no setback variance here I it 1. aisply a matter of whether or not the structura is inhabited and lived in or wbether or not it is used as storaqe. SQ let's hear froB other speakers as vell~ Who elae, please? John J0hn,on: I'. John A~ Johnson, I live at 375 West Charleston, this 15 my wite. I have beeo.. acquainted over the lnt year with Steve and r think he's been a qood addition to the n.eiqhborbood, the property is ,,~.anqed quite a bit in the period and he's making a good effort to build it up. And I'. sure that anythlnq tbat qoea up i. goinq to be in line to improve the neighborhood. So I'd like to go on record aa being in favor of acoeptinq this setup, the variance. Nancy Lytle: Thank you. Anyone else, please? Jean Q 1ast.ad: Ie~ Jean olaatead, 2'0 west Charleston. I guess I should adait my hias 1& in favor ot backyards, and my bias is in favor of following the rule., following the variance rules. Probably. I think this boila down not to people's drea.a and not to people's opinions but whether this applIcation _eets tbe requirBJtellts for a variance~ As far a. I can see it doesn't. Tbere" three requirements:. ao.ethlnq un'll8ual that needs to be iJoproved, and I think we pretty _uch agree there iBn' t anythlnq unusual about thi. property except perhaps the .toraqa shed or the extra riqht to use thio property a. a storage property. And to .. , that's so •• th1nq that i. an advantaqe., it '. not a hard~lp. ordinarily you voul~ •• y there'. no hardship that \ 32 n.eda to be aitigated. I don't ... tbat it' •• hardship to Hr, J .. ky to allow it to continue to be used aa a storaqe ahed. I do ••• it aa a bard.hip to the neighbors to have living spaoe rather than .tora;. In there .. it's a .ore intenaive use.. Mr. JesJcy llay not live th.re indefinitely. 'or th ••• rea_one I think none of the criteria are .at. I don't ... that there's any solid ground Cor granting this variance. HaneY Lytle: In what waya do you envision that the Ude yould intensify to the detrie~~t of tbe neighbors? Jean Ol.staas!;. You don It know but obviously most of us expect .ore intense use from livln9 space than from storage space.. I don't tbink it 1. too helpful to go into all the possibilities, but I vould tbinlt there would be acre iapact on privacy with living apaoe than storaqe apac., tor exa.ple. Nancy Lytle; OX, thank you I Please .. Poria Watson: It. Doria Watson, 464 Tenn ••• ee Lane and I teel a living ~ce tbere would interfere with the Roberts privacy, probably in terlOS of IIlOra noi .. " and IIOre light. Artd I do think it looka a~ful. Kaybe that'. not relevant but it's very close to tbe fence. SO I do think it will interfere witb their privacy. Nancy Lytl.: Thank you. Anyone _1 •• here to apeak to this item.? OX, I've qot a couple or .•• yea, plea ••. George POOtrts: If. Kr. R®ert., IIIl opposed to the qrantlnq of thi. variance and I do not need to give ay reasons. Xy vite can do it for _. Nancy Lytle: Very adequately. I do have a couple of questiona for tha neighbors, is there anyone else, anyone elae chanqe your .ind and decide to speak up on this? You h.~d talked earlier uout financial bardsbip em tbe property, value 10s8. And I was curious as to wh.ather, because our a~torney'. ottice had been involved in that, and we tra4itionally don't take into account ••••••• ant of property value. in situations like thi.. And She felt it was probuly appropriate to '""tertain tbat type of inforaation it you bad any evidence of that sort. And I va. vondBring it you bad appraisals or anything. Ricky Robert.: I had two very reputable real estate people coae and look. One "lliaa horrified. Both ot th_ felt., however., they didn't want to open tbeaselv •• to the possibility of any type of liability by giving a written 8tateaent. But tbey were botb ada.ant tbat it would cause our property value. to go down and Mr. J.sky'& value. to qo up and that'. v.ry relevant to U8 .because we have ~en living there .inca '1S4 end invested right " • -/ 33 along, thi. is a retlraaent hoa. tor u.~ wa're both retired nov. So naturally to say we're upset i. the und.r.tate.~~t or the ~.cad. over the value ot the property qoin9 down. That's in addition tc the environmental factors ve're talking about. If I could COIIIlent on tho .. tat .... ent that wa. .ade. Hr. Jesky vill aake euch an addition to the property, he has stated that he can barely pay the mortgage, Ie I can't se. that he hAa 80 much =oney to pour into an improvement. That'. a repeat, I've said it before, I '. very concerned. about the quality ot it, the quality of hi. improve.ents. I spoke to Mr. Dunlap about how c~stly his val and he said two thinqa. NUaber one, he Bald he didn't .ove forward in his llIprovnent on that prOPOrty to get away fro. the Charleston street noi •• , that was not a conaideration at all~ Mangy Lyt,le: Can I interrupt you for oS aecond. Who's Mr. Dunlap? RicJcy Roberts: Dunlap did the ertensive rnodeling proj act on Carolir,a~ Nancy Lxtle: Oh" the -good-one. Tho one 'We t!.lked about at the. previous hearinq. Ricky Robert" Mr. Jeslcy hacl thought that he had tried to get away from the Cbarleston Street noise, Mr~ Dunlap said hiaselt that vas not a factor~ He Bald further that it is polJllible to hire draftsmen who, he put quite a lot of BOney into it, he told 1M about it, I don't. fael at liberty to diBclose that, but he Baya you can hire drattsm.n who ar8 very ta.illar with all the loninq requireaents who are .-uch cheaper, but .s r said Mr. Jesky Bays he can hardly pay the lIOrtg"g"'. I,son' t know, I CIon' t understand that. Naney Lytle: Tbanlc you. lIr. J •• ky, I' va got two questions for you-. Are you willi719 to put, would you bo. willing to entertain as a condition that plana be developed by a professional d@8iqner a.o that there would be so ... ~. One of the concerns we tv. heard fro. the property owners i. that this .ight not b<o done in a manner that is as up to neighborhood standards. Because you're not a professional" you1re a •• It-motivated person who wants to go out there and do 1 t all "i th your energy rather than with resource." that maybe it vill look hoa.spun or not up to the 9Uality ot what other otandard8 might be in tho neighborhood. Would you be williD9 to accept a eondition that there be BO_. professional design aa.iatance in the davelo~ent of the plana and the finishing work that'. done? StfY4 Jesky: Yes, Steve J •• ky again. Yea I'd be certainly willing to entertain such a condition. I've no problema with that~ I woUld ask that you be a •• pacific a8 you can, aaauainq you decide to have it be such a condition to say "MUot eonsult • , . '." J4 with a registered landscape arehitsct-or ·K~at hire architect certified by the .tat. of California" or whete..,er. Don't bave it be .aaethinq vague like ·prof ••• ional help.-Because that yould be 80 oubjactive, I aight 'let an interior designer to do the inside and that aight be my thinking at what you wanted but not what you had in .ind at all. Certainly any kind of constraint. lite that you want to put on, I would bave no problews at all ... Ung. Nancy Lvt.le: How about the construction ot I!l fence. between. the properties and the addition ot landscaping on your side ot the tence to create a bufter between the backyards of Hrs. Roberts and your addition. steve J,W; Steve Jesky again. I have no probl811 at all oolllltructing a tenes or putting in occluding shrubbery to a.e11orata the i_paot. city code allows rear fences to be seven teet tall, ."rely by tilinq the appropriate fence perait and that .1ght be ad.equate. You aay reJIelDber that wben you were there and we _.urad the height ot the top ot the window. It was .even teet nine incbe. and so it'. conceivable that it you decide to haY. the fence be a condition of it that having a re.quireaent that granting a variance tor a tall.r fence, up to seven feet nine or 61ght teet or Whatever, or maybe in front of the I't!:Ucture such that there would be absolutely no chance that you could look frOll. tbe inside of the atructure ov.r-the fence, at lUJIt an<i ... anyt.b.lnq but ):;Ilu8 sky or root I would be one poe.ibility, too. I have no problema at all with having a tence be a condition of the variance granting. Hancy Lytle: Before you ca.aent, MrS. Roberts, let me ask you a couple ot questiona, too. It you can put yourself, if you can accept hypothetically that the structure hag the right to be there and canlt be removed, do you thlr~ an additional fence between the two properties and lar.~8cap1nq and professional treataent ot the materials and exterior finishing of the building would appease concerns you aight have alx>ut privacy I land use inteneity i~act. that would result fro. the use of the structure and ita visual i~act.? Bierley Roberts: I'. Ricky Robert. BpeaJting again. No, ab801utely not~ That doesn't really speak to the privacy issue. That is .i~ly letting Mr. J ... lcy do what he want. and trying to "hove the n.lghl:;)crs around. He's trying' to ahove the students around and be didn't 'let away "ith that. I don't think the city should be in the business of formulating & policy that'. going to .ove hi. around for phony reasons to the back of the hous8. Why can't be develop the front of the house? It'. a such easier design prahl... The left tront ot' tbe houae.. There' I!I a. lot ot apace there that h. can develop very ... lly and itt. not 80 prcblaaatieal for 'letting d •• igner. in, it .ita in & ccntiquration which 10 auch ... i-.r to develop. Unfortunately, I :;..> • think be'. lookinq priaarily to increaoe the value ot bi. property an4 in ao doinq hs'. going to decrease the value of oura. That'. why he'. so raluctant to do the tront part. 35 "Mey Lytle; OK. thank you. Any further co_nts trom anyone? Steve J~ Steve Jesky again. r woul~ like to comment on a t.w other thinqs that live beard in the public hearing. I had to scribble notes kind o~ tast 80 I don't know that I'll hit them. One o~ the co-aents was rea4inq the letter fro. some of the nei9hbors, &0 calle~ student., they .aid in the letter, In their own words, that the; dr..umar hac:S .oved out. That clearly supports .Y stateaent, in :my application, that there vas a d..r\nmoer and that I certainly heard hi. dru.minq on numerous occasion. including at ieaat once that late at niqht. If he'. moved out, so much the better. ! certainly don't rUe:ml)er apeakinq to any nei9hbor !On<! sayinq that I only wanted to repair the root of that atrueture. I aay have mentioned, in palBinq, that I had repaired the root or vaa planninq Oft repairinq the root. Which 1. certainly one at the thinq. I bav. done ~o that since I bouqbt the house and "",ved 1n. It uoed to leak and now it do •• n' t. Sbe aentioned in paosinq that a Diana Addle who i8 one of the houses diaqonally behind a., i. evid.~tly appooed to .y variance reque.t. I vent to har bouse and asked to apeak to her and the lady who c&lUI to the door .aid xr.. Addl. couldn't COlle to tbe door riqbt now. So I didn't apeak to ber personally, l>ut I spoke to a _ember of ber household ~ a& r explained to Mra. Olmstead when r toll! ber that I spole. ~o the 0"'" in her household and abe ~ted that ahe had never heard of it fro. hi., that Z can It, ooviously, control who speaks to who, based on what I Bay. But certainly, the lady r opoke to at lira. Addle' 0 bousehold back when I spoke to her earlier thi. year, said it was fine. Mrs. Roberta haa caasented that ay lot coveraqe vould exceed the R-l requlraaent. and would exceed the floor area ratio. She claiaed that thOI •• ta~~t. ot .ina, since I didn't ~ay that, since I didn't admit it, I'B clearly lyinq in -r application. Whereas, in tact t put into my application what the lot coveraqe requira.ent 1., the 35' figure of my 6,04' _q. ft. lot, a. well as what the floor area ratio figure tor that aize lot is; and in neither one ot thoae cases does the present .tructure plus this etoraqe room exceed either the lot coverage requirament or the floor area ratio". So the tact that she'. tryinq to malee .... out a liar, even though it i_ not relevant to the variance application, I just want to be on record aa saying it·. not the case. One of the letters that a voaen ¥Tote asked bow many houses bave l' owned, this ia the firwt house I~v. ever owned. It'. the only house I own. Bow aany houaee have I r_odeled? I havan1t reaDdeled any bousea. I've built valls inside a qirltriend'. house and aone wort en BY .other's house. I don't think either , • 36 one at those vou ld coant •• rHodel inq . On the othe r hand, r f ve taJcen a cours. t\"OlII a Berkeley-baaed achool chartered by the atat. of california in r&acdolinq and house buildinq and have a certificate for that. So I thin!< I could do an adequete job. The qrantinq of thi. variance is a pr.co~ition to my t11inq plane with the BulldiJlq Depart.ent ot the city and, parhaps, also to the Planninq Departaent of the city, I don't roally how that ataqe ot it works. xr~ ~~lap ca..ented in his letter that he felt that thea. filing ot the plans and the consulting with the city'. planninq paople and buildinq people was an absolute necessity to eausinq, not hi. words -I don't remmDber his vords, but they "ere basIcally required for the project to turn out qood and l>e up to code and safe and prov ide the riqht impact for the ne1qhborhood. And certainly all of that is true. It's just that that's the next atage. If thi. variance ia not granted then I obviously don't need to file plans sayinq how I'a qoinq to turn that rooa into a beclroo.. And it it La qranted then "ill be this lonq period of tiae, up to a year, in which I will consult with the city and any protesaional belp which may be condi~ioned and then the and of that will be a •• t ot plans wbicb the Buildlnq Department bas approved and then C<lnstr..tction .tart •• Then the city cose. out and aonitors the proqress, .ekes aure those p18ns are folloved, that the work, whatever it 18, 18 done to code and to the plana. And. I'. aure they won't approve any plan. which will be detrieantal to the naiqhborhood, which won't be to DOde. Hanqy Ln.l,,: Be patient, Mrs. Robert_, he let you speak without lnterruptinq, BO hold on a ainute and va'11 qat back to you. ItayA J •• ky: Kra. Roberts nid that several real estate people have said it wouldn't be very good but they weren't ao sure in their opinions that they were willing to put it in writinq, .0 obviously that'., they're not as aura of it a8 they vere villing to tell it verbally. EVen tbou9h it'~ net relevant in the variance ap~llcatlon, I would like to atate it for the record. r quea. that t.. all I can think of, at thi B steqe .. Hanc;y Lytle; OX, thank you, yea .. liskY Robert.: This i. Ricky Robert., in response.. The record: will show but I would like to point ~~t tha~ I didn't say Hr. ~ .. l<y'. lyinq aboUt the lot .r... lihat I said wa. that that'. not a bardship. The part I .aid he .iarepresented, in fact I'd like to aBk a direct question to Hr. J.ol<y, why did he tell two nelqhborB that he paid 319,000 tor the property when he paid 281,500 and the other question i. why doe. hi. drawinq •• how that tho peak of that .tructure, the hiqheat part, is 9 teet 6 inch." when it'. a good l2 inches tall. • 37 Noney t.ytl~ I think I can an.war the •• cond one. Ricky Robert" And one !lore thin... lie jwop. to .. conclu.ion and dravi the wrong conclusion, wh@n h • .aye the real estate people are not 00 .u~. and that'. Why thay don't put it in writing. The reason they don't put it in writing i. that real •• tate people are subject to .. lot .. liability, and they have to be careful. They can't le4ve the.selv •• VUlnerable. That'. the rea.on~ they're very aura of their .tat_ ... ..,t •. BMgy Lytle; I vae just vo!1d.~ing if yO'l~ had gotten any appraisal. Becaus. ~at 1. what I bad understood. troll the attorneys that you mIght actually be pr.parlng as evidence. Ricky Robert.: •• 11, I don't want to 9~ to that expense unless I bave to. If it's nac ••• ary I vill, but a. you know, appraisals are vary coetly. KanCV Lytle; I still do have a queation for you though, because I've heard you lay the saaa thing, that you consider the plans to be ever the floor ar .... ratio and the lot covera .. e? our plan check did not reveal either of tho ••. Ricky RobtrtSj On size of the lot, 6,044. I said that 1• not a bard8bip because that'. avera .. e. Maney Lytle: lot coveraqe. But didn't you say hiB hOll" is QVer FAR and over I thought I heard you aay that as ""'11. Ricky Boberts: On that I 841d J on lot coverage, on paq~ 10, look on pa .. e 10 of the zoning guide book, there'. a definition of lot coverage and if you cgr.older, 1'11 read you the section numbers - 1812.050, section number 1804.030, and 1888.110. If you figure that up, the variance, if hs gQt & variance, that would exceed the lot coveraqe permitted in R-1. So I •• k you to co.pute that. Honey Lytle: No, our collputatlons show that be'll within lot coverage. It's just the .etback iaau.. And hal. not over on floor area ratio either.. Wo've looked at that and that'. not the case. The variance i. really jUlt for uainq it. It'. not for any other thin .. ". It '. jWlt to allow the use within that structure. !!,iCky Bohert .. : I went over thb with a technical person and I va. told that. We eat down with figures. r'. talking about what he put in the lette~ of application, and that'l What we figured. Nancy Lytle: That his coverage wasn't the ease as what yOy got aa your coveraq8 nuaber. Ricky !!OI>ertt: No, not that. BUt it you take tho •• figures end coapute and then you compare with what th ... code section. allow, / ,- that then it the variance is qranted he would exceed the R-l zoninq. Kangy Lytle; No, that's not true. He won't be. Did you want to respond to the elevation que.tion, Hr. J •• l<y? 38 Steve Jelky: One of the thing, Mrs. Roberta haa cOllUIented on is the alleged difterence between ~~e plana 8bowlnq 9 1/2 feet and her (eellng that it aust be at least 12 teet locking at it from her .ide ot the fence. Tbe 9 l/~ foot .easur .. ent co ••• , this is tor the tape, the 9 1/2 foot •• alurmae.nt acme. from a specific point on the building plana for that bu1161nq, which .... re f nad with the city in 1981. They mealure is. 8pecific di.tance ahown at the end Qf the .tructure to it's tall eat poInt right underneath the root overhanq. It's stated right there in the plans that that IS 9 1/2 feet. When Hr.. Lytle came out to the Btnlc:ture I I hald • tape ... sure at exactly that point in the plane and aeaaured it and she observed, all I did, that it vas 9 feet 4: inches, 80 It i8 actually 1e.s than the plana ahow.. It -.ay seElll to be 12 teet tall tro. Mrs. Robert'. eide of the rence, but unfortunately the tape .easure do6.n't support that &rguaent~ Part of the preble. as .... a glance at a topoqraphle .ap ot the neighborhood would shew is that Charleaton slopes downhill sredually to Carolina and so her house, and all the houses on Carolina, are lover than my hou •• , and all the houses on Charleston. And 80, if she'. standing out in har backyard which 1. level to the eye but is, in tact, not~ And Iia standing out in .y backyard which is see.!nqly level, but is, in reality, sloping a~y toward. her pr~rty, our taat are not standing in the same place. So, i1lag'ine yourself standing' at the bottom ot a 50 toot vell locking' up at this child .tanding on the lid ot the well, that child miqht BS .. to you to be 10 teet tall. ~~t in reality, it'. not. NMev Lvt.le: Let •• interrupt here. On. of the probl_s is that the perait, which is the plan that you refer to, that he auhaltted. It's an elevation fro. the perait in the city file, .heva 9 1/2 feet as the dimension of the elavation. BU'e it "hovs no qrade line. lihat happens vith that addition is that the grade, the natural grade trails ott towards the rear ot the property. It get" l"ver and lover and lover. So by the tIme you qat to thfl })ack of the structure, the foundation Is actually a couple of feet, a toot and a half I'd say? (Mr. Jesky agrees) There'. a toot and a half e! foundation that isn't at the other and of the addition that i. at the addition that is towards the Roberta which dcea aake the helg'bt ot the .tructure above 9 teet ~. Ricky Robarts: ••• you said yourself, itt. tvalva feet tall •••• • \ 39 Hao;y ~ytl.: well, it looks 11ke ita taller than ten certainly. And X think it 1I\I8t be eleven, if you add 9 III and another foot and a half. It I. _laven when we 'lot out there and taped it. But that'. th. rea.on, it .tart. out within that dimension, tha roof line ataya .ven, but the qrade rail. away. So what th8y've dona i. just built it level, aa you would expect, rather than .teppinq it ana that's the re •• on for the discrepancy~ Bigley Roberta; can ve •• k tor a r •• pon.e on 1dhy he told. t.."". ne!qhbora he paid 319,OOO, whan he ~idn't? Nancy Lytle; No, r don't think it'. r.lavant to the bearIng, frankly. Ricky BPMrt,: I think it I. very relevant ... Nancy Lytle; OK, vell I don't and I don't think it ne~d8 a response. I'a not interested in what the sales value vaa of the property at an. I find that not to be at all an iasue bare. So, if there's any other co.ment. or questions from anybody. !lillie Davia: I'm Killie Davla, I live at 344 Tenl',eae .. Lane an~ I .... opposed to the variance, I think it vas a .1atalee that it va. built in the firot place. NanCY Lytle: .I 've heard that a lot. lfillie Davil. I ~o think it Is 008tructlve t<> the viev. I thlnlt that there 18 a po8sibility that if the variance vere turned down at this point, possibly BOlle fUture owner at 8011e Use .l .. ht decide the.y doni t need that auah storage .pace and, who know., it might possibly be aodified and not be at l •• at partially removed and 8QIW: i.:provement on the ne.1ghbor8. And I do think the value of lira. Robert. property will qo down it the variance Is qranted~ I've seen it a.."ld I know it I were an owner X certainly voul~ be atf.cte~ by havinq this 80 clo.e. I do think that the usaqa will beve more of an impact, especially en the Roberts hOIle. concelvlll>ly aom""oo1y aight think this would sake a very nice faaily room, this haa been done In ~ooas a lot in Eichler.. I think there would be in i_at from liqht and noi"" if aoaethinq lin thlo .hould happen. I turned in 80_ ot the respon.e. froa our neiqhborbood. Ye., ve did receiv. nine responses opposed to the variane. and three in favor. I t\L~ed those in on. ~ay vben you weren't thera, I hope that you qat thea. , . N1"t-r Lytle: W. have quite a collection of re.ponaea ar~ &8 I •• nt onad at the beginning ot the he~ring, I actually have a ataff person ""aigned to sort of 8Ul111l&rloe things tor •• in a ebart 80 I can dig.at it a little aero .asily, although I have glanced through it. I think it would be helpful to have it consolida teeS. 40 lUlU. Dayis: May I please uke just one other oomnlent? .I think that it's possible that soa. ot the neighbor. were not notified of the 1981 variance hearing. I know ot another instance in our neighborhood, the Charl •• ton oaka l I think that's the naae of tt, condaainlu:aa on Charla.ton l they'rl! between 11 Caair:;o and Wilkie. Wben that projatlt was in .... one of the neiqhbors In our nelqhborhood waa notifie~ of this requ~.t for a hearing in the Weekly anQ luckily at that time .0.& of ua read about it. IfAncv Lytle: In the paper? !lilli. Ql!vll! W. did call the owner ancS than they told us. But it has definitely happened when neighbors are not notified of request. for variance. I!§ru;y Lytle: The probl .. hare r. that the Uae haa been long .inca that took place, if it va. a recent oituation I think we could correct it aore easily. But it'. been beyond ae.ven years, al.oat, well, nine l eiqht or nine. Ricky RobartB: It we d idn 't kn"" about it, I aU 11 don't know why that variance was qranted beca,ua8 it doe.n't hit those technical rule". NAnCY Lytle; I understand. Ricky Roberts: What did Mario Sanchez have in mind when be granted that variance? Naney Lytle: 111II>poena the speculate. I don 1 t know, if it ever c;oe. to court ve can .an and .ake hia answer for it. I can only Ricky Robert.: It we don't have the Jtn.rNledge that tbere'. a varIance I Vea can't do anythlnq about It4 We've already .poTten extensively about the unstable neighbors. Kaney Lytla: I knew there'. is hi.tory. OK I I'. qoinq to close the public hearinq and end with ju.t a few comments. I know there'. been a very difficult history on this property, and I certainly appr~ciate that the neighbors have been through • __ difficult tiaes in d .. l1ng with that and I can feel the pain that ha. _ experienced thare. Thb has been the ."st pUblicly involved application that r've proc ••• ed since live been here bar 41 non.~ Itve got aare neiqhborhood input on thia one than on any other and I had even gotton advice fro. my boes today that I nll$eded to reaerve the council ehaJibers for this hea.rinq. I was sort of ralieved that we didn't have to piCk up and sove to that roam becauae I've nev.r conducted a hearlnq there and 1 would bave been uncoa!ortabl. in the chambers. A couple of thing_ I do want to mention. A large portion of that rear addition is allowablo under current code. We allow a protrusion i~to the rear •• tback~ It i.n't allowed to co.e aa close as it doe., it would have to be pulled tour feet back I I believe, froa where it is now. But it 1. allowed for half the width at the building to go within another 8ix feet of the .etback, we do allow protrusion. into the 20 toot setback without any discretionary reviev~ •• i.sue paralts for that everywhere 1n town. Another scenario It that were to be reaoved Is that anyone could co.e and bu! 1 d an accessory atructure, at the property linea, right at the property lin •• con8ualng no more than 50' of that rear yard. But right up againat the fence line. And that accessory structure could be eIght t.et at th8 property lin., doping away at " 3 to 1 away fro. the property line to a lI\aXimWl ot 12 fe&t high which 1. a foot higher than we aeasured this .tructure to be. So the code allows conaiderable .ore protrusion into the rear .ethack than thb .tructure nov provides. So I want to leave you with that, 10 that you're aware ot the inconsistency I am faced with in saking thi. decision. One comment I ~as particularly struck by, and I beard it the previous hearinq as wall, 1. that if tbi. isn't approved, it h~ls not allowed to inve.t .ore aoney in thIe, be or another property owner could fix it la.ter.. Tbare could be inc.mtive latar to redesign an addition and bring it back in. I think it's a very valid argument and it's cauqht ay attention and I'. mulling it over and I will tor the next 10 d.a.ya, I '. sure, be atru991ing with this because no satter what I decide, I believe itls qoing on appeal, r see no rea.on why it won't.. It's qoinq to be a tough decision, I have to adait that. BUt in a redevelopment your situation could be made •.• ft could be aore intrusive legally, without a variance application. That could be r81lOved and a detac~ accessory building coUld be built right on your property line, without the potential for landscaping batveen the two. Now that building isn't for living purpose., 00 it would still be a storaqe structure. That '• the di.tinction here~ I need to teaper my comment. with that. In tenia ot the bulk and the .. s. it could be even acre obj aat tonable to you I think. yea. G99rqt Roberts: I want to clarify BY interpr.t.ation of what you just said. Did you just say that if Hr. Jeaky's variance is not approved, then another structure could be built there that would , • \ .. :-~- .. " ·/ c ..... directly to our property line. lout that otructure could not be uoed tor living. MAngy Lyt19: That'. correct. I~ be vare to follow the advice of ""'"" ot the re.ident.. Rethink thi •• get rici of thi_ addition. th1. storaqe addition that vas previously approved and let's come up with a new plan. He couI4 co.. in without any discretionary review and build an ac~.ssory buildinq, at the rear of the property. adjacent to the property line •• providing that he puts f1revalls in, that oould conlume as much a. half of the rear yard of that 20 foot by SS foot wida area. legally. George Roberts; He would not then havs to dflllOlioh the building the t. is there nov? Haney Lytl.; No, r t • saying were hB to de.olish, if he were to have a change of heart and say, letta redo this thing. t;eorsn Prerts: That cauid happen only in the event that the building that is there nOV would be torn 4ovn1 Nancy Mrt1,.; That'. correct .. George Robarts: And then 1 t would. not be necessary to get a variance t.o put thie additional structuro in. Well. I doubt that he WOUld want to do that. Whether the variance was granted or not. Maney t,vtla: Well, be has an option of uslnq that qarage, w.aybe, OOlIverting a portion of his garage to living area and finding a need tor storage elsewhere on the property, and using an accaasory Ouildlng as a •• ana. I'. only bringing that up as an option oecauae wbile there are options that .iqbt be preterable to tba applicant or to the neighbor., in terllS ot redesignil19 thiB thing, and let'. not inve.t any .on in this objectionable portion of the house, there are scae. option. t.'lat a19ht be evan acre objectionable to you that are legal. And I want to aake sure you're aware of that. Ricky Robtrt~ I'. Ricky Roberts, I'd like ~~ say that one of the reasons you've qotten so .uch activity on this application for varIance Is that everybody in the tract who cares about the tract who car •• about the 20 f .... t .etback for inhabitable "p"ce i. very concerned about that. Becauae it xr. JeBky qet. hio variance and t.den hels livinq 1n that apace, then that open. the cloer., aa the Eickworth IS _aid tor other people to 40 the saae and then ~ den.ity of the tract, the privacy ve have nov 1s de.troyed. The density 4oubl •• , ort I can't do the statistics for you, then the traffic Is increaaed and anyone who care" about • ;\. . \ , the Bichler tract doesnlt vant that. So that'. why you1re gatting all thi. opposition. rt's the 20 toot setback that ve want and keep the people livino; back ot that. 43 Haney Lytle; Under current code there 1. already previsions tor building in that setback, tbere-. allowable ways of d.oing it. Ricky Roberti; Not as close a. he i.. KQt living space. Kaney Lytlt: Hot livinq space as close as he is but accessory building .P&ca even closer. Poria wagon; Dorll5 Watson .peaking'. said about baying livIng epece there, future, nondescript structure •. I aqreed with what Ricky for other people building Maney Lytle; Alright, thank you very auch. Thts is one of those double Exce4rin applications. Thia lot a rough one. The public hearing ia closed. Plann1cq Commdssion City Of Palo Alto Dear Hon. Commd3~ioner! 101}-J{( -.~ . : '.' ~, :" < ~ , .'. 'J •. ! 3jO West Charleston ~oad ·Palo Alto, CA 94306 5 NoveIribe-r 199C i c_ _ Thi. 1.:5 rr:y letter supporting 'de-nial' of the appeal.s of Variance 90-V-21, which was provisi¢oally granted to by the Zoninq Administrato~, Mrs. Lytle_ I hope you vill bear with me, as I'm not really sure what to say, how to appeal an a?Pea1, as ~t were4 Rather than repeatic9 vh~t bas already been said, I attach various appendix documents to this letter which you ~~y refer to_ As I type this, I don~t know what materials the city staff will ~ giving you concerning the Appeal, so my apologies if I duplicate somethir.q. I don't have the transcripts of the two pUblio hearings, eitberi when I refer to them I am doing so from memory. Appendi'X A i.5 my origirlal letter of applicatioo, stating ttle reasomll which I believe support my request that this vaziance be granted. Appendix B is the floor plan, showing the square footage of the v~riou~ areas. Appendix C is a more detailed floor plan, showing how the r~ re1ates to the rest of my house. Apper.dix D is the site plan, including the setbacks, as well as the a.pproximate locations of the five contiguous housea to me. Appendix E is from the city's block book, just to give you a feeling of where I &m on ~ block~ on Charleston. In my application, r mentio~ that a neighbo= sa.ys my -accessory building-room existed in 1972_ Appendix G is a letter f~om her, mentioninq that. Appendix F is the 1981 variance, permjt~inq my tben-ex1sting accessory buildin9_ Appendix N i.5 the deed covenant I mention, prohibiting a second story. Several things ha.ve come up, in the cour~e af thi,'S pLo.:ess~ but I don~t believe they materially affect my or~gina1 application letter. When I typed it, for instance, ! said -a rear setback cf 10'6-•..• because r was quoting the original .·':ll:ia.~ee. But when I s".lbmitted my o:::igi:131 site plan~ Sarah Che~ey ~aid it Deeded setback dim~nsions drawn on it. So I measured them. But I measured the location of the fence behind me from the edq~ of the side walk {my property line) fir~t. That's how I discovered it's located about a foot into my rear neighbor's property. So I learned the variaw:;e room. is 9' 6-from the property line. even though it is 10"-from the fence. In heL letter of appeal, Mrs. Roberts says -the fence has been stationary since 19~4.· That explains, to my mind, the confusion: the original applicant measured from the fence, assuming it to ~ at the prope~y line, and the city's checker did likewise. Mr3. Roberts says the ~disc~epancy has never been explained,· then ex~lair.~ it. Only one of a myziad of misstatements from her. I will point out others later. Since 5he chooses to imp~gn me and to call me a li~r, I will indicate to you how inaccurate she is and vhat innuendos she has choseD to spread. I hope thereby to qive you the evidence you Deed to ignore her ~ild irrelevant clai~ &nd deny her appeal. Another thing which has came ~p siDce ~z origina.l letter was written is that the arch';'ved. zecords of the 1981 variance were found by city staff. Nothing vas contained in them ~hich was not already known. • In my oriqinal letteL of application I mentioned my lo~ ai~e, about 6044 :!lIqu.;!:"~ feet. I also stated t~.e ~5' lot. coverage: (abo·.lt 2115) and Floor Area Ratio (about 2563). I gave the d£mensione of my or~ginal house and garage (1523) as ~ell .3 the room !~m requ~stinq the variance for (410). It does~'t take too ~~y brains to add them up and deter.mine that the total (1933) is less than both the 35' and the F.A.R. But as you can see ~hen you re~d the transcript of the second public hearin9, Mr!. ROberts ~4id that I exceeded both of them, thus I ~hould be den~ed. Just anothe= example of h~w s~e ignores the facts whenever they don't agree vith her. Mrs. Lytle corrected her, as you see. In her 2 August letter to the city of Palo Alto, Mrs. ~oberta says -the granting of a variance would exceed the lot coveraqe permitted in R-l %ones.-She $8yS -if this vaxiance is qrant~d, the ~eske property would violate the FAR requirement.-Just anothez mis-statement of hers you cao ignore. I mentioned the traffic on Charle.eston, in my letter. When Mrs. l·ytie cbo~e the t~ to make a field in.pection of my property# it was the rush ho'.:r. Over my front fence she could clear~y .see the stopped traffic in front of my hou~e, including a bus, all waitinq for the light at Alma to cycle, @ven though I'm maybe 5~O' a~ay f~om ~Lroa. At the second public hearing I learned the drummer had moved out, frcm next door. Would that the din of Char~eston would go away, too. I mentioned in my orig~nal letter that I had $poken to my "five contiguolls nei.qhbors about my 'Wishes. -Mrs. ltoberts makes much of thi:s fact, oiten. ~ever once, in all the letter3 ~he has written, cor the various times she has gi~~n publ~c testimony, has she mentioned that I spoke to her husband first of all, cn 21 January 1390. They'd rather pretend it neve% happened. We had quite a long con~~rsation, during which I mentioned my plans. I mentioned that I was planning ~o inst&l~ a ~hear-.all, for earthquake prot~ction# during my ~emodelinq. October was fresh in oor minds; he said he was thinkinq of things he could do, too, like strapping his water heater. I repl~ed that I had some material on the subject, and on 28 J~~uary ~ dropped 'Off a photocopy of a booklet I have from the Appl.ied Technology Council, on homeovne:rs and structural earthquake-proofing. Be tole several anecdotes abo~t the former owner of my house, Mr~. Monrce. Never once did he say or £mply that they'd had any disagreements. rn fact, just the opposite. He said that ~hen he was teaching an art class (at Dek~za?), Mrs. Monroe had been one of his students. Be said that ~ul:>sequently .. she'd e .... en vritten him a will, leaving him some money. (As I recall, he said that she was p'eased that he'd hired some students to paint the accessory building room's exterior walls.) That#s why he was very interested ~hen I mentioned that I~d bought it; he'd thoY9ht I was just another renter. And be wa$ even more interested whe~ I said that I'd bought it from her estat~. He asked if she1d died, bet I said I didn't know. So later, on 4 Februa~y 1990, he phoned me to say he'd found he% will, leaving him the money ($lDOO as I recall). So I tcld him who I'd bought it frcm~ the guardian ~f her e~tate, Santa Clara County's public G~ardian Office, and gave hLm the addres~; ! said I didn't care to hear whether be got any money or not, just whether she was alive if he happened to learn it. I didn't knov that his wife vas capable of dOing legal research; he never ~ntion~d it. aut I wasn't surprised later when I learned she1d gone to the effort of driving to San Jose, just to learn exactly what I paid. When yOU read the transcript ~f the first public hearing. yoc vi11 see that the subject of money is high on their agenda, since Mrs. Roberts ment~ons several times that they should get -(.' . - ·compen.sa.tioo." She said it .... qa,in in ber :2 August letter, 'When she wrote -reatiV.ltion $hould be made for our property rights~" Never once do they mention that 1 talked to her husband in January --~nd that he never ~aid a di~couraginq wo~d. Also on that 2,1 Jan'Uary di'\Y,. I ta.lked to the Adle residence,. at 291 Carolina~ As you can read in the second tranlcript, ! said that I spoke to a young woman there,. ~hQ said MIs. Adle couldn't ·come to the door just now.-She wasn't. bothered by my plans, either. On t~at S~ day,. 21 January, the house on the other side of Mrs. Roberts,. at 341 Caro1i~a~ was vacant. But ~hen I came back en 25 February, the renter, Stephen Go.ld:schmidt, had just moved in. Be didn't tell me he wa.s against. the idea; I've never seen his name 00 any of the ~ignatu~e sheet! Mrs. ROberts ha~ handed in, either. I supposed she's ignored him. Perhaps ~he doesn1t say ~hello-to a neighbor unless you've beec a homeowner for ten years. One of her sheet! ha~ a sigaature which she says is a y~. Kat%, a ·contiguous property owner-at 341 Carolin~. That may be, but his signatnre clear~y says -Karftonlina, and his name wasn't. in the. property owner book the .P~annin9' department staff had me look at, to prepare my address label~. A3 far as I was concernee l I'd made a good faith effort to contact the people who actoally lived tnere. the ones vho'd be most ~ik~ly to be bothered by any remode~in9 ecnstruction, not some absentee owner, somewhere. They just got the postcard from the city~ I ~de &n ~ffort to ~alk to the students next door to me, also, despite Mrs. Roberts cla~~ng I hadn't. ! spoke to ~everal o£ them on 10 February, two men and a voman. ! said that the city propelty tax records had an ~Ofelia and Jaek Hoodal~ft living there, SQ one o£ them pointed at the woman, sa¥inq ~this is Jackft and another pointed to one of the men, saying ftth~s is Of~lia.· So I qat the idea pretty quickly. but nonetheless outl~ned what I was qoing to be doing. My £ifth ~eiq~r has written you, expressing her views, support~nq me (see Appendix G}. As she mentions, she is ftne~~st to the room in qu~stion,· as her house proper is 12' frpm my room. Mrs. Roberts, topping her letter dated 2 August says "most contiguous neighbor" and dated 10 August say~ -~e are the most contiguous owners; just another case of her ignoring the truth, ~elling another lie she wants people ~o accept as the truth. As you read the transcript of the firs~ public he~rinq, yo~/ll see that Mrs. Roberts claimed a CC,lcrete floor had been illegally i!.,jded to the room, that it originally bad a ~rt floor. Ber letter of 1 August sai1 -a concrete floor has been poured vithout a building permit.-Ber letter of 2 August said ~did Je~ke pour the ceme~~ floor without a building pe-:rmit?-And -it has an illegally p"ured concrete floor. Anybody looking at the foundation can see that is utter rubbi.sh. ~fo:re to the point, you'll see that she was claLming to have looked at the original set of building permit plan~, and not seer. the foundation. Mrs. Lyt.le and I bo-th correeted her; the plans do indeed sho.., the foundation and concrete f~oor. Another case of her ignoring the f3ctS. I could be charitable, say she just doesn't understand the things, but sbe is clearly trying to make everyone believe !he dc~s, sO that everythi,nq she says will be ta.ken as qospel. Nothicg could be further from the truth. What she vishes the £acts to be are more important to her than the real fact 5 . Her 10 August letter to the =ity ~nc.luded a photocopy of part of the original bui~ding plan for the structure, that time. She said ·the supporting drawing sub~tted by Mr. Jeske shows that portion of the 'storage bin' to be 9'1/2-(sic] and in my opinio~ that really undermines Mr. Jeske's credibility" since she thought. it -is at least • 12" biqh.-So when Mrs. L}"tle ~i!t:de II; site visit. I caI"efulllt measured witb my tape measure, .t exactly the p¢iot on the drawir.q {my Appen~ix J) shown as 9' 6-and it measured 9' 5---as the plan.! SOlid. Not the 12' MIs. Robarts bad cla~d. She 5tated that Hr!. Lytle -did Observe [it to be] ·a~ least 12' high hy {her] own observation-but when I a~ked Mrs. Lytle about this, or. her site visit to my backyard, .she sai::!. ehe didn't say tha~. As you'll read, I said in the se~ond public hearing that the ge~eral topography Qf the area is such that Mrs. Roberts' hou~e is a foot or two lo~r than my house, ~o she just thinks my structure i! taller than it is. Uofortunate perhaps, but I hope that if this appeal is den~ed and the variance qr~~ted tben the fence and plantings which I vi11 install will ameliorate her view. In her 2 August letter, MIs. Roberts says ~the ~ity-owned buffer strip is actually wider on tbe Je~ke property than for adjacent houses.D It may be hard for you to make it out, CD ~ Append~x E, but if you look at tbe oriqinal city block book, you will easily see that there is no ·city-owned buffer strip· at all. But anyone reading her letter, or talk.inq to ber, wOt:.ld."l't ha·.re any 'Way of knowinq that. They would tend ~o belie~ if she sa~d it, it mus~ be true. But it isn't. She !%'entions in the same letter "Charleston Road va.s not widened d'.J.rir.g the Jeske ownership,· but it is Bt~ll a hardship, Done the less. One that Eichler never 'planned on, when he did the original subdivisicn in I9S0. In her 2 AUgllst letter, Mrs. Roberts sats -an illegal ~tructure,-'When she is referring to room I am asking for a vaxiance to inhab~t. It is not -an ille9a~ structure,· s~nce the 1981 variance made it legal. But aqain and again, when I spoke to neighbors the second time, after ~~s. Roberts had held meetings at her house to decide what to do to fight me, they were surprised when I said it W~ legal. r had to show them the variance to convince them. It se~ highly likely to me that she'd said the same thing to them that she wrot~ to the city. No wonder they were all against the project, after they spoke tc her. In her 2 August l~tter, she f~rst wrote down that I wanted -to upgrade [~y: real est~te ... as a multiple dwelling ~,.-In my Appendix I, a letter from the city files which she wrote to her neigr~ors, ask~ng fer their support: ·please sig~ the enc~~sed .. , in oppositicn . ,.,. she said I was asking for this vari~~ce to convert the rocrn "to a rnBster bedroo:n/bath (& pO!'lsibly a multiple dwelling'). -Well, ",1'10 wouldn't be against .eomebvdy who yO',J yere told was going to build apart.ments in your single-£~ly neighbo~hood? Who wouldn't sign a petition by a neighbor wbo .eaid this was going: t<') happen .right o ... ~~r her fence? It isn't true., of course. but what potent:.ial siqner 'liouldn't. sign at'lyway, fearing the worst, determined to stop it? Ber 10 AU~~3~ letter to the city says ~pe~haFS he has the ~ltimate plan of converting to a ~ltiple dwelling.· In he~ 11 October letter of appeal, MZe. Roberts wrote that ·one neighbor has ~he view that it ~! obvious that Jeske will ~ve into the back of the house' rent. the frcnt part to pay th~ mortgage.- ~ll wonder somebody would think that, when she probably put the idea into ber head by the thing~ she was saying abo~t me, She alludes to me as -a property o~er who thinks of a property a$ something to be developed for financial gain.-Ferhaps what the psychologists call transfe~ence is bappening here; I bave already cited her call for ·compensation-and -restitution,- ~ yOU will %ead, reading the transc~ipt of the first public hearing, on 2 Auqust, Mrs. Roberts ~as the on~ who asked fOr a continuance, sc she coul~ qather ·ev~dence· against me. Her (Appendix I) lette.r is ~ted 13 Auqust, so evidently having failed to gather any evidence, she • decided to start a c~~aign to politicize it, my variance reque~t, in the hope of stopping me by inflaming her neighbors ~it~ innuendo and ~i"8. Sc it wa~ that a week or two bef~re Labor Day, Jean Ol~te~ sho~ed up at ~ doorstep aqain, with a draft of what she was going t~ vrite and put .into an .ie.$u$ of t.he: Cha.J:leston Rag, our nei9'hoornood r.ewslette.r. (See my Appendix L for 3 copy.) She had f.i:u·t come by my houe-e on 21 July, the day she got the postc~rd from the city announcing the first pWblic hearing. A~ I said in ~ side of the newsl~tter (Appendix ~, when she qat the pcstcard, ~he thought I was a renter; s~e'd seen me befcre, when .she was walking b~·, periDdically. She thought a developer owned it, she said then, 21 July; ~~d was surpJ:ised ~hen I said I did. So when she shoved up again, in August, with th~ draft of her editori~l against ~, I vas amazed. She tried for several ~eeks to get me ~o give up my request Ear ~ variance, ~cale ~ack ~ project to the point where I didn't need one r all the t~ saying she was talking to Mrs, Robert., too, tryi.ng to qet u.s both to compromise. Never oncoe di.d !"he report that Mrs. :Roberts-was w:illing to conopromise, even though I mentioned several things that I was willing to do. She even said 5be'd spoken to Mr. Bi%sch r at $yntex, about my var~ance J:equest; she work~ there, too. ,A nei~hho% told ~ her son ~nd daughter a~so work at Syntex., So on 29 August Mrs. Olmsted called mer $aid she needed my part of ~he newsletter. And it ca~ to pass a few days later. ~~S. OLmsted was one of only two people to wr~te lettezs against me, by the time of that first public hearing, on 2 August. In the other letter r a Hr. Dunlap said but ~consideration should be given to tte variance if plans are drawn and approved fer exterio~ remodeling. ~ .. Mr. Jeske should construct a p~ivacy f __ nce .•. trees and plantings would help out.w (~l these things I am willing to do.) He added that he ·will help and applaud e£forts to reduce, to a reasonable noise and frequency level, the late night bot tub noise extravagan%~s fJ:om our student oeighboLs.-Mr. Dunlap lives diaqonally behind the students, at 351 Carolina, one house away from ~$ ~ P.oberts. Perhaps because t.heir landlady va.s contacted by !o'..rs. Roberts" the hot t~b parties have been more reasonable of late. But the Charles~on noise remains. Mrs. OLmsted makes much of back yards~ Her 21 July l~tter says -thi& block badly needs the hack yard buffer area.-(She li7es five houses away from roe, also on Charle5t?~.) She agrees ~i~h me that ·th~re is so ~ch tr~ffic on Charleston Road in front of tbe houses.-Her editorial aqainst me in the neighborhood n~w~letter (Appendix L) says -ou~ back yard space is i~cJ:tant.-The last" final three words of her letter to appeal the granting of the variance axe -backyards are important!-A:!I I :!laid in my .side of it (Appendix M), Mrs. OL"TI.."tted didn't know anybody could build inhabitable space out into the 20' setback. aJ:ea. a di.stance of 6' ..,ithout a var~ance at a.ll. I had 'to show her the page in tbe blue/green Zoning Gu~debook with the picture an it to convince her. ~~en I told her that I coold bui11 a bat~t~ ~.~ a toilet in that accessory building right now, anyone could, she aeked me if I WdS sure of that. (As I read it, -no such acces~ory building shall have mo%.e than two plumb~ng fixtures. -) A:g you can reaci in the transcript of the second public hearing, when M%s. Li~le said that accessory bUildinqs could occupy ar. area up to fifty percent of the required reax yard. peopl~ were amazed. They just don"t realize what is allowed under ehe ~oning laws. They want the laws to me~n what tney want them to mean, ignoring what they really do me~~. I doubt that a variance would be granted today if somebody wonted to build my structure the ~ay it i~ no~, past the al~owab~e 6'. But a5 I said ia •. \ • ·' I.t'tY .appli.,=,a,tion letter, -I'm not a.:5Ixing for a "~iUianee to bui.ld it, jU"'t to be al1ov~d to live in it.-Back yards are import~~t to me, too, but I'm not 90ing to tear down that acces~ory bui2ding ju~t to get more b.ck yard. I've &lready remov~d maybe ISC ~quare feet of cement ~labs there, and at the :side of my house, so that g:re.s.s will eventtl.a~ly gro'l·" there &gaint when the dro'.1ght ends. Another rea~on the Roberts' and I see this from different perspectives is that the focal point of their bouse, their living r~om, is acija.cent to their back yard. (In my opinion, to get their ~leeping rooms as far away from Char~eston as possible, th~ same thing I am trying to do.) So the~r E~chler-2arqe windows look out onto their back yard. But my bOllse has my living :room adjacent to my front yard. (A"~ai.nr in my opinion, to get my sleeping rooms ~~ far a~ay from Charl~ston as possible.) When ~ houee was built. it had one, total one, window look~n9 cut into my back yard. It vas about 8-wide, ran from floor to cei.l~ng and d~dn't open. (The door next to it, it's a sleepin9 room so it needs eqres3. has a ,emi-transparent plastic pane. ! d~n't know if it's original or not.) So no wonder the back yard at my house has always been less important to its owners than th~ £ront yard. The front yard is the cn~ I look out at all the t~, whenever I'm in ~~ living room. Sut again, I'm Dot asking to build tt~ just to live in it. It's fine to say it never should have been built, it's too big, whatever. Onder different circumstances I might even agree with you. But there are a whole lot of ~ecently-built houses in this city that I might happen to th~nk are toe big, that I would like to see torn down if it w~re legal to do so, since they ~ouldn't be built today. Ucfortunately, they are huilt. So we must all l~ve with tbem, make friends witb tbe people who lLve inside them, who are probably decent people, aftel; al.l. The same as we must ace!'pt the fact that my acoesaory building is legal, even if i~ couldn't be built today. And given that it is legal, I think the city as well as the ne~9hborhood as well as my ~diate neighbors will all be better off if this appeal ~o deny ~ variance is itself denied. Mr~. Roberts thinks ber property will b~ decreased if ! get thia variance, -adversely affected" ~he says in ber 10 AUguEt letter. I disagree. I think her property value wi~l be increased, by the addition to her iamediate proximity of a lov"ely, well cared-for house --instead of a run-down accessozy buildinq. In her 2 A~9Ust letter, MIs. Roberts said "the structure has been lighted in the e·,enings; this interferes witb my enjoyment of t!:!'j property rights.-Ber ~ext paragIaph ask~ [tha city] -if they have in.spected t';) .see whethe.:: Jeske, or whoever, is working il.legally to upqrade the illega~ structure to inhabitable space~-In her site .isit, Mrs. Lytle was inside the room in question, which was clearly not ~i.!'1g so upgraded. Just another ur.founded fear. AnoJ;:her innuendo. In her 11 October appeal, Mrs. Roberts said several times ~there are only 4 (focr) property owners ... ho favor va.ria..""lce-granting. This is ju~t anecher case o£ her believing what she wishes to believe, totally ignoring ~ny facts vhi.ch may get in her way. On 19 September I submitted to the city about l~ signatures of my neighbors, all of vhom were -signing this petition to express my feeling tha.t Steven Jeske &bocld he permitted by the ~ity to remodel his already-existing, city-approved legal storage room into a bedroom~-possihly vitb a fence or plantinqs ·conditional ~n that.-The signers felt that "the result won't be detrimeot41 to my nei.ghborhood.-See my Appendix B. And that's not even counting the others, who checked a box on the newsletter's coupon. But really, I don't think the is~ue sbould turn on how many peop~e sign what. Especially when such 3 mis1eading • campaign ha.s been waged by Mrs. Roberts. In her 11 OCtober appeal, ~XS. Roberts gave ~o~ ctis~orted claim3, calling them -nistory.-She says the previous ·owner, Mrs. Monroe, waS declaLeQ leqally incompetent at some pOint, and i~ 1981 she had an attorney with power of attorney. 'I'h.!..!1 att.orney failed to notify the neighbor! of the pUblic meeting to discus, tne 1981 v~riance. Sending the information for a public meeting on a variance issue invO~?e! sending apprcx£mately 299 poatcarde~ Host of us did not rec~ive them, Well, as my Appendix ~ shows I it wasnrt unti~ July 1985 t~at a judge appointed a. conserva.'tor to U".a.r:.age )hIS. Mon:::oe', affair!, long a.fter the t.itre of the 1981 variance hearinqs. ttr.le.re did I get tbis photocopy, you aBk? Why, ~n the same public record, the same inch of papers, where Mrs. Roberts researched what I paid to: the property, and ~~de her photocopy. Either she d~dn't see it there, and i~ care1~sa about her -history,· or sav it there and is lying as ~5ual. Also, &s all of you kno~, I am 8ure, it i~ntt an -attorney· ~bich notifies tbe neighbors, it is the city of Palo Alto. And at the first pub1ic hearing, the transcript vill show that Mrs. Lytle mentioned that the log ~ntry for that mailing had been found; the mailing did take place. ~ to how many. ~11 as you know it i~n't every house in the city who gets notified, nor even every house in the neighborhood, it is only those vithin a hundred yards. I think I was very thorough when I p~epared the address label~ for the city to c~e. When ~hey gave me their hundred yard plastic circle overlay, I ~oted down the address e~~n if it just barely grazed the circle, moving it to the fOUI points of my property. And ~heIe an absentee owner was listed 00 the record beak, and otherwise, too, I li~ted the renter's name, or at least said occupant, if I cou~d never find ;tn/one home, or it. loIaa vacan~ when I cheeked. And I came up y~th a total of 76 names and addre33e~ --a far c~y from tbe -299-~hich Mra. Roberts someh~v imag~nes is the case. But wben she say:! ·most of us did not receive ti:lem," that statement means she obviou81y found some people who did, indeed, remember getting them$ nine yea~s aq~. Clearly MrS. Roberts has forgotten getting one. But that doesn't mean it didn't happen. NQt that it's relevant to this var.iance l but she brought it. up so I feel I should point out -""hat she said is wrong. In nearly every detail. In her 11 October appeal. ~~d earlier l MrS. Roberts kept referring to -a fir~y established p~inciple of the Charleston Meadow Eichler Tract i.e .• the principle of the 20' setback which insures privacy, sunligbt, light on Any day and guarded areas for children.-I have already menti.cned the tw-:; routine exce},">tions to this idea, that of th-.. 50% maximum coverage for accessory buildings and that of the 50% wide and 6 1 t:Jeep inhabitable incursion into thi~ zone _ I don·~t think m".1 structure is tha~ far cut of line with the$e exceptions alxeady routicely allo~d, yithout a variance. But in my case, whatever the rules are, or were, tbe str~'cture .is already there, it is lega11 it t";"'.:ists, it bas exi03ted for al:nost two decades _ I'm j"J.st aSking to be able to live in it l inhabit it. In her 15 OCtober appeal, Mrs. OLmsted said -the whole variance ~ystem ~ill become meaningless if variances are granted that really do not meet variance require~nts.-I couldn't a9ree more. But obvious1y I thinK that my variance appli~ation meets the variance requirements. She says "an already bad situation should not be made worse by grantlnq th~s second variance.-In my op~nion, a bad situation will be made better by the qrantinq of this variance. A taller, more handsome fence, coupled with tastefu1 screening plantings ~ill sure1y look better than the rickety, dilapidated fence that is now hetween my house • and tbe Roberts. Lik~wia~ a redone ~.d reeovated exterior sheeth!ng O~ my accessory b~ildin9 rocm mu~t surely be an improvemeo~ to the vi~ual ~tatus quo. If Mrs. O~ted had to look at the ex~stinq one! all the ~Lme_ perhaps she vould more readily agree. In her 21 July letter, Mrs. Ol~ted 5a~d that ~he feared ·gr~ntin9 of thi~ variance would set a praced~nt that yould lead the rest of os on the bl~k to feel entitled to enlarging into the back yard ~l6o.a I hav~ already mentioned how anybody, anywhere, can aenlarge into the "tack yard, -6' a...id half the width of the hO·J~e. Her other fear i.s groundles8~ Every variance request is considered by itself, on its own ;rounda, as you know. If one is ~ranted, it does n~t set a precedent. I assume she ~as informed of this, a.s she lezt this idea out of her appeal. letter. Rex letter boils down to her opinions vereus that of a trai~d professional in the p~anninq £ielc. Attempting to derive profound ~4ning b9tween nuances, such a~ -difficult-verSus -extra.ordinary.· I ril.l trust the trained judgement of the professional, not the amateur. I request you deny her appeal. In her 11 October appeal i Mrs_ RObert~ ~aid -r conclude that Jeske bas a bad recoro on truth and veracity.-But I think r bave adequately shown here t.hat t;he. .shoe is on the other foot. !'m sure any reader of her letters and public testimcny will reach the ~~ conclusion a~ I have. I request you deny her appeal. Tnank you. Steven .!. Jeske Ene. Ms. N.ancy Lytle ~oninv AdEiniltrator City Of Palo Alto Dear Ms. Lytle: .' '. 330 Weat Cha:lestcn Road pslo Alto; CA 94305 28 March 1990 I ovo and occupy the above aGdzesl, and I would like tc apply fer a Variance to inhabit the alre~dy-ex18tinq ·~ccessory b~ildinq~ room at t'he rear of my house,. with a rear sfilltback of 10'"6-wbere 20' would otherwise be required. Some previous owner added the room without a pe~t,. I don't knov when, A next~oor ne!qhb¢r says ~t waa there in 1972,. when they moved in. In 1981,. variance 81·V-22 was qra~ted -to permit the location of an existinq accel~gry buildinq (storaqe bin) With. rear setback of 10'6- where 20' would otherwise be required.-It was a mdanomer to call this ell-shaped rOOM a buildinq. since it's attached to the hQuse. (I read in the Fa~o Alto ~oninq G~1debook that such -buildinqs· ~~3t be -detached.-) Three of its six va11a were .x~atinq valli of the hou8e~ whatever such & room i8 ca~led. City staff couldn't find ~ecords of that varianc.~ 80 I don't know know ~f th~. point was raised then or not. (For your information~ by City records the oriqinal house &nd garaqe together have 1476 sq.ft.: by my IDII&sUX8Sllentl 1523 sq.ft. The roaD adds about 418, accordinq to the floor plan f1~.d witb the room's 1981 bu~ldinq pe~t, by my me.aurement. 410 sq. ft. The 35' lot coveraqe o£ 6044 1s about 2115 sq. ft., tbe F.A.R. about 2563.' There are excepticnal and €:xtraorc!i.nary circwutances applicable to DIY property, which ia one r.ason I request this Variance be qr&nt~. One is the faet that when the land va. orlqinally lubdivided and the house built in 1950, I understand Charleston Road was only two lanes. When maybe • decade later the road vae widened to its presen~ four lanes plus park!nq, lan~ for the purpose was removed from the front of my lot~ foreshorteninq the lot with respect to the house site. +~other reason is that to allow for more such viden1nqa in the tutQre~ my lot has a ·specia~· fzont yara setback of 24', not the normal 2C'~ Perhaps becao$e of these thinqs, roy land hegin3 r1qht at the side~alkr~ edqer withQut the City-ovoea buffer strip which I under~tand many houses in the city have. (Tbe Eichler-larqe glaBs windows in my liv~n9 room~ on the Cbarl •• ton side, are only 40' from the curb., So my front lot space is smaller than most ~n the city. And only a fev of os live on four-lane roads. An additional exceptional condition 1s that the deed has a covenant and r~.trietion proh1bitinq 8eeona stOries, forever e1iminat~cq any expansion upwaras~ Those exceptional conditions may apply to some other houses in the city~ at Ieaat to t~e do~eD or so who live on Charleston in Eichl~r9, byt my house has an &dditiona1 one wb~ch ia probably un~~e: it has th~s room. pre-existinq for roughly two decades. I'm not askinq for a Varianc~ to build it~ just to be allowed to live in it. I don't know what a "property right-is~ but I imagine it allowa me to live io ~ house. My who~e houBe. ~o all intentl and purposes I am prob~ited from doinq that now, since this room is only approved for ·storage.-I don't need that 410 .quare feet o£ storage spa~e. My bou.e ha. a two-car qaraq. whicb has about 396 square teet, and when my car is parked ther~ I still have more than enouqh storage ~pace. • ., . - As for hardship. well, lean Dention what I have to put u~ with now~ My house is an ear~y Eichler~ I don't know if h~ improved later on, but the thin pan.Is he uoed for ~alla in my room. transmit sound very weil, like diaphr4~s; I wiah he'd used drywall un~r them. I k~ew about the four-lane road be£ore I bouqht it, but not how poorly I would be muffled fram it. To add t~ the din, it S&e~ that the (thin-walled Elcbl~r) bOIJ8e next to .me is rented O'J.t to some Stanford students .. and their floor plan is rotated ~ith respect to mine: their living room abuts my master bedroom, about 12' away. One of tnem plays drums. If you can't ~ine what it's like to be lyinq there in bed 1~stenin9 to hLm practicing at 11:45 p.m" then maybe you can ~9ine vhat it's like to hear hot-tub p&rtie~ on their patio in the summer at 1 or 2 a.m., (ye8_ just outside their livinq room~ next to my bedroom,. One of the big attractions of my -addition-room to me~ the one I'm ask1nq a Vaxiance for, is that it is unfinished: b&r9 cement floor. exposed studs with only exterior sbeathinq on, and 80 on (at least r've fixed most of the pl.ces the roof leaked). I'm plann10q to remodel it into a thorouqhly sound-proofed master bedroom suite --since it is as far away ~rom Charleston and their hot-tub as I ean get. In my opinion, this Variance will not be detrimental to the City, neiqhbo:heod, or immediate neighbors. I've _poken to my f1ve eont1quous neiqhbors about my wishes, and none oL them are bothered . . 'lao mar. than half of the ne1qhbors within three bundred feet, the on •• I've manaqed to find home on weekend$, who will answer the door. You cannc·t 8M it from the streel:. There will be no neqative visual. impact; after a1.1 it h&s been there lor many y~ax~ already. If anytb~n9 it will be tmprov.d, 9~nee such things ea curta~ns are commonplace in a hou8e~ although not iQ a storaqe shed. As I unde48t~~d the proc8ss, I f14St apply for this Variance, to legally inhabit that room. If it is qr.nted~ then next is the Hou,lnq Department, to alter that ~oom 80 that it meets code. II haven't shown itl batbroom-to-be on m~ floor plan, since I haven't decided its precise location, s1:e or shape; it will eithe4 be in a portion of that room. contiguous to it~ ar both.) As the floor plan ShO~9, the rOom mostl.y abuts the qaraqe. Access to the rest ¢L the house will ~he~efo%e be thrcugh that anteroom at the end of the hallway. I'll either U3e it as a s~udy or just as a hallw~y, depending on where I eventual~y p~t my desks. Since the Variance room haa an outside door~ the ao~sinq man said the Code's egress conaition is satisfied. I look forward to vorking with the City, le&~ninq as I go~ and to workinq and livinq in Palo Alto for many year~ to come. 'Thank you. Si~eerely, Steven E. Jeske Ene. -.- .- • • ..... ':;11t> weST '-"4 ... reslOI. ' ICOI-I IQ"")/vt)«1i ~f t-,/;, 1'(1'1 ~C(e I<.r~ ,.,!.c.t,of ,13t>/'P !f{'1' ZS"" I Va y ;(l~ ce-. a.0; f ;Ok /8' 3" r----------S"~~ 11 '-''' I T {,'q< • .--____ ..L_ --1 orljl '1« ( l'Okse do ....... r.'r 3~· $'f' (6'8" (2'(I8j I I I I I I I (~( ~,- J-8'~!...{ (I" " 6' /oe.forr! XeI'"QNu.,) (.,til..$Llrelllt~tS ±I") ~O"'~f~ '(!'?" t ZV't!· : II;; r S/,I'I ,J'Y"'7' = 18' f/!' r ZZ '2 • :-:3 1'15[' II. Vil.Y'IHCR-ye<i~esJJ nl'>M= Ir'~" 'I( 21'/" .... :;'$" ". 6' f" ;: if I¢ 'P'l, PI. ~ j. i f j I -- _0 r .::? '(/T r; I 1'" , '-,oil 1 I ---.~7-·----: I' i --------;. , 1,_ ~, ,.:. !: I " ." .-. .. ", ;1: 6'k/7 ;-I.: ~,:hi I--C:,'''-- if: . ,/8 I , • I , • f i, I .-:.", tl: i 4 ;,; /9 ~-----!)-j-I-Htt- ·.7~ ~ .. '-.- ··~el , '. ; , .--#-r----IC4IJ':'_- I 3: :: 20 I ', .. '"'~ ~ .r-..~.. ______ .,I ---_.--- , J?/ ____ -"'::--""=-.: ___ --;;" .L. ~ ./>.. I : I I ~n-Irt:11 I I .1., tfJ7S .~±;;::t;'""~ • VAUi.llCZ,--JItJ.1:J'Y!,:'.J,.22,- 330 'If. O1arlestcn Road Vari.anc:e U·Y-22 is hereby granted to !!at)' Lyn E. IGlroe to permit tho location of II> exisUnc a"""ssory "ulld!ng (storage .lD) with a rear setback of 10.'6" -.... 20' would otherwise be nquired at 330 W. O1arleston Road, ,<DO district R-l, Palo Alto, Oolif<mli&, and is subject to t. ... following cmditicn: 1. This varisllce shall be valid for tM life of tl!e existing struct:ure. .' "' '?2~1.. ~/ j/:<'''.£j/j Zorring Administrator City of Polo Alto, J\Ile 18, 1981 Tilts Y.;Jrlancll!' h granted in .ac.!';.ordan.:::e with and. subject to the provision.s of 1:h:1pl.l't" i3.90 of the City of 'ala Alto Municlpal Code. My Varhnu is tr"n& r"rshJI!" unLifAs oth(,rwise pro"1dl@'~ at the ti_ of granting. /" . In .. my C.1At> 1n whleh the cotuUtions to the Itantlng of it Y,Jrtancl! have not 'be-1!1l! ~'c arr r'H't C'capl1ed wUb. the ZoninG Administrator shall glV1! notiee to U"p pcr.tlt~ of intention t~ revoke such Va~l~nce at least ten (10) d~ys p~tor to • h.~r1R~ thereon. Fol1~1n, such h~.rln8 and if good causa exists therefot. ('1(,' 7.l"lljna. A_~htrator may revoke the Variance. A VMr-il'lnt'e .... hre"h has not bee-a used withia one (1) )lear after t.he date of arant. fna b,'c01WS _YOU, alt'hou&h the Zoa-inC Ad:u:n1strator lh.8y, without. a 'head"8, I("-Uend cl1e tiM for aD additional yeer !f an .ppl1c:atlO11 to thhi effea is ftl~d with ~t. b~fore t.he expir.tian of the first )le.r. 1/11 JOO F Ms. Naru:y Lytle Palo Alto C!ty Board of PermitS Clt;y Hall Palo AI to. CA RE: Bu1ldfng permit foc 330 West Charleston Road August 1. 1990 I am wrttlng to support the grant1ng of final approval to the plans 0( Mr. Steven Jeske for completion of the Interlol" of a rear room at 330 West Charleston Road. I own the house on the east Side 0( the Jeske lot and. therefore. am nearest to the room In qu~. It Is my View that a useful weU-cared·for house llved In by a responsible owner can only Increase the value of other properties In the neIg!lborhood. Mr. Jeske has shown himself to be energetic and resourceful In Improvlng a property long In need of work. W)lat he proposes In no way alters the size or shape 0( a structure that has been In place since we maved to our property next door In 1972. Indeed. It Improves that structure by making It livable Instead of vacant and useless. In no way wiU finishing the Inter!oc diminish the livability of our adjacent propert;y. I urge your prompt approval 0( this project. Sincerely • . ~WV3-t. 4¥~ Mary S. MartInson 290 West Charleston Road Palo Alto. CA 94306 • Ms. Nancy Lytle, %oninq Adminis~~ator City of P&lo Alto; ~50 B~lton; PAlo Alto, CA 9430l De~ Ha. Lytle: I live 0= own ~ithin 300 f&et of Steven ~e.k., ~bo ~iv.s i~ the hou~e he own. at 3.30 Wellt Charl.non Ro&el, .so I received. a poatcard. trOCl. yOlJ. and the City of Pal~ A1to. It c~ified me that there vould he & public he&r~nq cencercinq h~s app~ic&t.!o.n to qet parmi.uiotl; t.o remodel an exl..Jtinq aJ.ready-leqal sto%'aqe room. .into '" mane%' bed.ro-ocIl lind bat:h,. an inhKi.tahle roan .. and. tha.t I :My come to the public he&.ri.n9 and. ~ heard. on tbe matt'!'r, 0: write you or ca.l.l you. I ,.,.sn't able to come t.o that publi-:. hearinq. I don't kno..., y~t if I will be able to come to the next public hea.r1nq on the mat.ter, on Thur:ui&y iIlftemoon, September 20th. I may not find time to vrite you, or telephone you at 329-2321, to convey ~ feelings on thi3 matter. I knew that i~ you= approval is grAnted, he must t~le tncrouqh and complete plan~. with the eity's housinq and planninq deFartmeDts, vhieh wi11 peri.odie&lly i.n.spec:t the prog'r~s", ma.king sure the p.lans a.re follo"omd. !'m sure you realize t~-&~ as a re~id~ot of this ne~9hborhood, I ~ eoneerceC that all such remodelinqs are done vith sen~itivity ~d considerati.on --~~~ only for the OVQer, but tor the oeiqhbor3 as well. It the c~ty fee.ls that as part of its approval for his ~droom, that he should buil~ or r~-build a fence, or make plan~lnqs of screening vegitation, or muat change the interior or erter.ior appe.a.razu:.e of hi!! room. in a:'"ly manner, I know tha.t you can mak_ your <1.pproval Cond1.t.iODU .on thAt. I have faith in your expertise in thi.. ma.tter. And I'm s~re the r .. ult won't be detr~Qtal to my ne1g~Jborhood. If I don't find t~ to come, or write, or call, I a. si~ng this petition to express my f~LiQ9 that Steven Jeake sbould be permitted by the city to redOdel his alre.o1.dy-ex.istinq, c:ity-appr~ed 1lSqal storage room .into a bedroom.. Thank you for your consideration in ~his matter. (your address, and any comments yeu may ~~sh t~ add) , ' ~. N&nCy ~ytl., tCD~~~ Adm1Di'tr.~or ~ity of Palo Alto. 250 Bami1~on; fLlo Alte, CA 94301 !::ear M.s. Lytle;. I lLve or own witbin 300 teet of Steven Jeak., who live~ in the hQuae he O~~ ~t 330 weae Cb~l •• ~OD Road, SO I ~ec.ived & pOltea:d from yQ~ and the City of P.a10 Alto. ::::t. not:.1.f1ed lie that t.here voulel be a public hearing concerning-hi.5 applie&~ion to ~et permd •• ion to ~emod.l an ex~st~q already-legal ~tor.ge room. i:c.to .. :uster bedroom and. bath, Ul inhabi't.a.bl. room, &l!d that I <:MY c:aae to the publiC: he&.ri.n9 and be beard. on the m&tte..r~ ex 'Write you or cul yeu. I w.sn't able to eOllllO to that publie hear.ir.;. I don't know yet i.f I 'IIil1 be able t.c coare to the oert pablic ha&rinq on the matter, on !hursc;ay afternoon, Sept.ember 20th. I may not find time to VTi.t. you, co%' telephone you at 329-2321, to convey my foelin~, on tbi~ matt.~. I know tt-..... t i.f your .... pprov.l is qrante:d.,. be mgn t1.1e thorough and. cocplete plans with the city's housing and pl&nninq departments, whi=h will peri.odica.lly iupeet the progr.ea, m&Scit19' aure :.he p~an.s are folloliHlcL I'm sure you r.a~~e that a~ :& resident of this ne~g~borhood~ I am concerned th&~ all such remodeliDqs are done wi~h sensi~ivity and con.ider&tio~ .-nQe only for the owner, but f~~ the neiqhbor.s as well. If the city f •• ~s that a5 F~ of .it • .app:rov.al for his bedroom:., that be sbould bu.ild or re-Quil.tl a fe.nee~ or lNI.ke pl&nt1nqs of" sc%:eenin.:j' veqitat.1ctl., or must chanqe the in't.e:rie-r or enericr appea.ranee of hi .. room in any .m.&tU'ler, ! know tbat; you ean make your apfIroval conditional-on t.hat. I have faith ill your 18Xperti.se in this mat.t.r~ And 1':a .sure the resul.t won't be detrilrt:tlatal to Dry neiqhborhood. I.f I docr't fiD.d. ti.me to cClC8, or write, o:t cul, I am s.igni.cq tUs petition eo exp:te •• ray feeli.JU1 that SteveI'! J ... k. should be :;>ermitted by the cJ..ty to re:DOdel h1s .~ready-e-xistinq:, city-approved le .. al seoz::aqe z::oom into a bedroom. Thank you for your con.ider&c1o~ in this mateer. {your addres.s,. and any e01rlllente you may wish to add) Pit - Ch.rk·,tr... fd GlA • \ <" d(iJk d(Of, .. <l:4 331 e..wI.ina. ..!An. .. Palo ofLto, (Jof 94306 13 August, 1990 Dear Charleston Meadov Property Owner: We need your support in opposition ~o VARIANCE 90-V-22. Steven Jeske, who has owned 330 West Charleston Road (since early 1969) has recruested this variance needed to convert a "storage bin" (WHICH IS ONLY 9' S' from OUR COMMON REAR PROPERTY LINE) to a master bedroom/bath (& possibly a multiple dwelling). THIS WOULD BE IN VIOLATION OF THE 20' SETBACK REQUIREMENT FOR INHABITABLE SPACE.) ~lease sign the enclosed (& return) IN OPPOSITION TO THE VIOLATION OF THE 20' SETBACK REQUIREMENT FOR INHABITABLE SPACE. We have ,been told by two reputable realtors that THIS UPGRADE TO INHABITABLE SPACE WILL INCREASE. THE .' VALUE OF JESKE'S PROPERTY BUT THAT IT WILL DEC REA S E the val u e 0 f o~ pro per t y a t 331 Carolina Lane (we have the common rear property line.) Tha~k you for your support. _12.~-Y";-'=c!",""W='~_=-?-=-=~<.>b~~'i/(~h~, __ Ricki e Rober ts __ ~~~~~~ ___ ~~~~~ __ ~~ ______ George Roberts (0 W N E R S S I N,C E 1 9 6 4) r . c: _ ".-~ ~ ""-.<> . ~.:;' APPROVED FOR WILDING P£RMrT ~-~1tG<: -4L 0\ Sl'~----• I c. ~ .' .. ~ ~ (h .. [ ~ .. ; .... " I' j ~i " ! I I O!I\. I I . -t» .,,1 .?; ~ ~~ I ! 0:: I , '" . , - 1 n ! :j.... P- i ... I -{..: I '<-".. Q l' 1 D ~ !1. Itj £ .- '" k !. !.. #--. "' ~ ::. , 1 . ~ ~ ~ ~ --. ~/$ -/8-Q o...f fencR,-X 0 , 0, <-.' ( ( _...... ---- ... ~'I' OIINo1"n' WlTHC".-''1' .nQlltll4:" ~_ ......... T'fLl~IIIO. ~0II~?r:~~ DC'MLD L .. ClAU. COUD.ty COWUIel 4081299-2111 ' :"~)(A\I(.\ DERIS G. O'NEAL Deputy 10 w ••• Hedd1D& Scre ••• 9th Floor. u.t Wing san .I~u. CA 95110 I 8S JUl!S p 3: ZD • nOl'lAE' 1lOIII I'-"'r r., ' .. SUPEIUOA COURT c:w CAUFORNLI. COUNTY OF SAllrA CLAIIA I Sl1'lllfT AOI)III£$$ 191 Morth flrl. Stre.t I C.;. , ;-"( ---" ---I 8Y_ -~'_t.,.:.;...; CITY -"'C) lllI" (;(lCK san .I .... CA 95113 D(PliTY-.... !!2.1f1fM1E -- - CONSERVA;TOASHIP OF lliE 0 PERSOrt fJJ cST A;T£ 06lN .... n I MAltYLlN MONROl!: Ik. MARY LlN MOI'.ItOE I CcnMnf"iU 0R0eA AFPOINnNQ CONSlAY4TOR ............ 1.~_~372 O~Coo--"" I ,. n.. petition! tot ~ QI ~.-rw came on for ~ as PaOowI-(d'lKk boxes c. d .•. and , Ie ~ ~~): ...... ,-" CIIAIU.ES GORiXlN .......... __ 7/11/85 T,m., 1:30 p ••• lZlo."" 3 0"'" D"""~' c-. CJ htrtJoner c,...}. d.CJj Att:orn.,Iot~(n..,..) Dent. G. 0 'Neal. neopu.cJ Count,-Counael .0 AIkImey lOr pet'IOn eMO (~. ~sa. and ~J: 1. 111£ COURT FINDS a. .... 1'M)bca teqUIf.ai by LII. I'Iavto been ~. "-1 ...... ', KARYtYN MONROE eke HAItY LYN MOIlllOE o .,~ cwoperfr ~ pn:Mde lor filS I:lt '* 9WaonaI needI lei ~ heaM. fCXld. ~ 01'''''''''''. [Xl ., P' ... , ~ to .,...,aq. hill Of her InaftcII! ...soUrt4tl-Qr II:! ,..... "MId Of" u~ inr~. o tIa voIufaritor teQ~ ~b'IMItIt of. COC'IAfQIOf and good ca... Ma I>tetl shoWn rot IN ap;IOInt."'TIent Co Coo_ .... (]J iII..,..adutl o will 0. If! aduI\ on U--eIf.c:lrIf. dille 01 thIS IHdef D.a~..mor. D .......... "Wt\OM Nlmag. hu bftf1 a'~. d. 0 Tber.-i:J 010 ~ of lNdIcal tn,.rm.nr lor WfI~ ttl. con ......... "" th4I CoI9AClty to g~.tII ITllonTl8d eo~ o (A)l ...... 1Mi • .,.. adhrwnt of. r~'91CU1 dtillned 011 ~n 2~) 01 t71. Protlat. CGde II, 0 Gr~ .,. c~lor ~ til ~ .,,~ itl~Py !Jrn:l1f sec1Jcln 2590 of th. Prj)\)atil CocStI III to" ~ lind benefit and In th8 bat kltflftt of \:he ",nsef\';I~ nlItiI. l 0 ea. ........ not AOaDoIe ol comp/etJng ..... .aft!kI.aYit IH' voteI ~ •. 0 AnorMy in-..}: hal tIeM .~~ by 1M ~11 as ~ COUfteIII1O ,.,...... IWt COftIJIIIVIIlw.in "-Pf'CICII4inP. TM COIf tot '6PiW6I'ttltiOn" .';;S===== TheCUi __ ........ .".~tolWl 0" D~D.~01 .... aum!~1 k..D~ftMdl'tOt~tt..~ l (Xl 1M ~ court ~aO, • (~, 1tddtnI. and ltIItephDM): DENISE DOSPENZ Superior court. 1'1 North Firat Street. San Jo.e, CA 95113 Plume 1'0. 408/299-3484 i 0 (JOI1itrrit«I ~ 4"1",) Tn. hmteed COMar¥'I-IN .. 1M."Opmlll'!.I1Iy cliUlIlIICI .. demlld in NCfion 14ZO of.". PrOCliIe C«kt. '. "EOOt.O !"~t~ .,~l.ltNC1': =~ J1I].)I't'D~?~??:>? .~:'Ulrd ... ~~ ... r.n;; ~<l-ld c:.y :V41\C~' :"'y-;:~e of the .. bnn.rn;: 'Depcr'tJneTlt III':. ':.hree :)' <::loc.lc. Q~. ~",pt~o: ~r'. 1,)7~. :~::y !\I!.U. ~"=!lU.seo ',.~U e ... re ' .. t:at :'apper.s .n your ~,nqWort:cCXI , Vi_ In. _iVllbcr'. boic:'.t. rllZTl 01 .t.O¥~ .:.f" .. Iltd 'IIt.:l" r~ b6c.lt ot 1:011 .. .c ~:JQ .. ClI&:rJ •• Co.a ... ..,.. ..... n. __ r or: U •• hou.M at: 33/1 • Cbarl_t«t ua ~~ • vu-,a_ t.a iI. ~ ~QOV 1lI~ to eoavert t.Mo .t:lr~ shac! il.o;:tocl* t.e the h~ fr .. it. s'_or"'9" slwdi n.tas to li Vi M n. "ern",,, slled C~ nil 3q'IlIU'e :r_r. ill d_, WT.appecI ill back of the q.Ior~ am alonq .,.. side or tl'Ie bo<l.ae) ...... or-lqill611, Wilt. by • fo~r ~ ritbout; • buLldinll' pe~t:. III 19'1 .. v-.ri._ .... ~_t.ed. .,)O~ ~t" .llowillQl t.be l-.q&l ..ao!I of Hoe shed as .. st.o£aqe "be::!. r.-.. , .... LM!II nov i3 lIItIet.h.et 11-:.111 U~'3tber OVMt ~ld be .1.10....::1 <;0 COl!V'lU:t. tha .-tDr"'911 s .... to liv;IIIq~. 11M n!aa_ the ,i.=.~ loS ir.por-.... nt. to aU of WI is u,.".t; tba shed ia.~s u.. ~O fOOt area t.I:I.Iot. by zOllillQl law, .. itl!. oeru'>:l10 c.capt.1D11.. is afilMd. .s All area .,ru.e" ~ould; cot. ba bui It upoJI. The ~11t:.-ctI ar_ La p41rt. of .. .,10 Alt.o ~_inq te ... and t.l'ItI Elcbl"., vi .tar.. all 'UP"" t1>at ~OV!de. qt_ spil.o:::oI!. Friv.,;y. "lac. for plal'lo:.s:, IUA, vi..-. Il1'4l ror '.:IlUGten to .,lI1Y. In t111l ~sc •• illGe dle shei is ~Tlly , U2 feeL fro. t1Ie l.oe 11M. t .... De 1 ~I\borl see IIfiMOv' IIDd _ 'Is ~~t:4ed . no .. ot yoo.t "'ho are re.adinq ehi:l _, be tlIlllkl:nq .. I _I.d 1 i k.e 1:0 adI!-oD t<ll .,y ~ too" or -tAlt u.. p<lGl:' .. n do .. bat. I\.e lA~t.I to dO) .,itll hi. pr.:.pen:,." 01: Y'OIoI -V be .s.ay:lhq thaot the varian,:-'I! L) sb:Iuld =tot: t"I 'lt1lIlt.d Nc:'iI..Wle yo:N tear tMI ~e ... 1Id v.llM1 Ce yarcI space, ~ ~ -l.tl.b.lDq doell lOOt Io!Io&D anytbiQq' if fO"I e.:II ;-t a v4ri.&.IIC& '::IY' t.t.. you au.. for it:-. To belp !'QU cecilia vnae .::1'I04.l11:1: lie dolle, :...:1 tbII r·.qI,n~ fOI: otlt!l.llUf19 • "ac-.1,._ wb';'o;b. (<; 11"", and decide ...meu.er t.bt. roqueat. _4:t..I" t.he varillftCII r~ir~t...a . 1'0 obt.&.1h • variance L'1e appl ie"nt lMl::lt ~tr .. te that.: a. na.r. at. -..cepelOJ\;lI IIr elttraonluwll-y cirC\allt..anoe-s u£ e,:mdJ.uonlil IIpptLc.ahle tc t.bI p~rty ia. ... cl~ ~t elQ 'IIIl'It IIpplY' 9'lbIIoraUy t.C!-pcopoe.r>::, i~ the . di.trict.; aDd b_ The ',jyant!Llq of the applicat:.1011 i" n..:; .... a'Y ( .. r th.& pCPllIlr'Vat.icQ. .Ild IUIjor-nt of ., SYb.It.lInUd prope::ty ri~ht.. of ~ aw1,iea.:1t ... ,-..::I tc P<Ol:'0"81't WltOl!a'Ol\4blll pr<:per ty I':::II!I cr lm-Reces:II",ry 1laN.sllip; an4 e. 'tbe q1'anUnq o( t.l'le IIpplicatioo wtll DOt. be det:ri..ntAl <>r in Juno":!! to geopetty or iJIIp.. ___ nu 1.110 tJ!c vic=.It11ity. aM w,-11 tIIot bI! chtri_nt.61 ~o tile ~lic t-.... ltll. ~r .. t'. qenerll1 _Ifar'll. oe (:onYllon1~ , '1"t. !0110Vl..l'Iq CQf!Allnt.1 tltr. bot J_I\ Ohuted ,,"'ppo$l.1lq ~"le q~ar\'t:.lnq o! t.~ 'VI.r1lnct1. iU explain..:! .i~ t.Mo hh Alt.~ lenin.; Guic\ebo()it for the .1;-1 Proplr<:.:t c:o.mar ellCl a·.a11:l'!!1:'. t....,. 1;lr~t rllqUlr~t (or t.M (jr,n~H'4 of • varh.nc:~ la thAt t.M! propertr ~ .. at. MY" soaet..'1ir.g w; ~que aDfTlot. 1 t "'Il~ch York' a Mr~'hl.p t..Q t.he. GYMr. In. t1I:'1 e.~. thoU. :i ~ notMnoq Wll.IIU&l ,bout the i.ot .~p-t ttl. '9M''' i W'CteD ot' :Mine; 11:'.ev.d the st.oraqe .lh-.cl by • prlvJ.~.I var!.oea. ::hc lot. is u. .It.-:1d.t.r-d 1()9. , .. c 1ft. lenqU .. aM 1-.1 ~'\, C_t. wieM. (5 .... of tl:. Cha.r:",tofl jots Marb)" &1-1 !i3 ( ... t. or ilu). !'hI tua .... 11 .l1t.ed 35 p~\l.:I hat h'c:. ~. ~.lG.w,uil jult. ak • .Qt.l\lt !:l~l.r. ct: the ,,,... 1!tOd<a'l buHt. O"tby 01'1 <::tlrhlt.Of>. l~. no-twc-ac.orry d<Md r..-t.l1c:t.lOIi lnet the 101. of 1.3d in. :!rOll.t of tne l!oua. beCIU", ef tM w1dltn1 .... "r Cb.a.rluton apply Itq\I&Uy ~ aU '=,h. nel.4Qborlnq CMrl.,t:on £1c:hllrl. ~ uclMlCl rlq\.l1r_lIt i I th&t I b.a:nubi;. IItIOULQ btl piaclCl. IIpOJI. thl OVQI[" t.c. ...... of' the -anl~lI:1 of 't..~ let if tnl VU'UlIlCI ....,... Ii01: qratltAld. "Then ill DO IM.t'G.IlI1p 'The OWDIIt v1U jU.l.t teSta t'» '!*tiEl WxU.I:aI. of .:daq the .COI'I9" abed. Ir t.Iw VUUIICII for liv1Dg ~ 1:1 "!lOt. ijlrar.ted. Tha !11141 requl.~n"t 1, ~"""t t..he va.ru.nce lIot work a.tly In ... irOJDU.Ul t...niab,i.p Qn ~ "i~:I. !n. IIdd.1tlen til Ul<iIil' le.n ot U~1aI "Ill ... to)l tJa.lr Ftoparty. t.n.. near n,ll1l'U)or:l vou.ld ,u.U"r .. loa. ill! 'nj~t o( th.ir p["f~par~y -e 1= .. ill prl. ..... q~ reo,s e! !re-aclOlfl (r-:lll n~i" !L~ Hqt.t .:nat:ed by a'-Olll 1ivillq ao ne.IIL tJol'II a! tJ:.. UU"ee .r.qu.it·_lltll (.:or obtairJinc;: tit v.r~.n.ea blVll bIe.!I _t.. ow: ~cll yu'C! ~ea u ~1IIPOrtaJIt. ~l.r =-= t.IUI attached paqaa rot: Mr. ":ea~.'·1 o::.-nu UI. fol:ltor or gr .. ntl."'iI of tlla va.r;. il:1lI;'. 'DIIL. .... UN "'um! ~ IBK .aIlIa 1R'I'I" &KI ~, ~ ~J:c:., c:rrr::D..LL, ~ lCl~ ., "tlO O'CU)Ql t! you e&lI not .tteotl tt. -.ui:.;. writ.. to kQOy L;ttl., Planil.Ulq ~t.. l"tltta "-Ito -City Ball. 2~" a-lltoe, Pdo J.lto. C1t. tnOl. or dWcJt OM cbotce _1_ aM: MOld -I:bI .t.~ ro~ to 011 u.oeiatlcm.. lU TenDlI_. Palo J.l~. CA gUll'. ___ I do .02 !'o\vt:l1' qrutlar;11 a "'Ir~ aUOIOilllll tlM: COfIV'IIuiO'll of" I atonqe .UUctUr'"l (bu.llt La S-rt. wi"tl:l1D. tlMo \i.lQal :za root :r.a1' Janl Sl'JADIJ loto Uv1lIqi ' ..... ___ t h.V'DC vr&GtiDg" tbe .... r1.-to .. U_ tbe; ~t ato:.p .hoId to "be ~t.ed. '-!ltO' livi .... ~_ ~u, ______________________________________________ __ YQg ~: ___________________________________________________ ___ .- :---<- 330 West Charleston Road ?&lo Alto, CA g4306 Jean 01mated_ ~he editor(2)/publisher(1) of the Charlestco Raq showed me the draft of this issue, part of which va. her point of ... ·1."', her statement. She asked for mine, too. I was surprised that ",hat is essentially a difference of opinion between neighbor. ~Quld be rea soc for this issue's publication. As I later said to her, I would hope th~t the purpose of this new~letter ~ould be to bring the neighborhood together, not to split us apart~ aut I guess my choice is: see only the other point of view published. O~ both. Saving houses hundreds of yards away from mine net be ~othered wa. nQ~ a choice she was willinq to make. I ~poloqize to a.ny of you who are bothered by all thJ.s. It wasc't my choice to politicize it, the vay it has been. Tneze h,,'s been a. lot of incorrect information and a1laumptions about my 'lI'anting to remodel a r~ of my house. For instance, when Jean Olmsted first came to see me, she thought I was a renter, that a dev9loper owned it. I ovn it, it's the only real estate I own. Ilm an electron~cs techn~cian; I've ~orked in Palo ~lto for over six years. I live in it, and have sinee early last year, when I bouqht it. In a letter Mr1l. Roberts behind me wrote to some of you, she seem.s to thiruc. it. 1s a f~ • .., that I have only lived in the tleighborbood. fer a yeaz and a balf. I doubt that any of you felt that way, when you'd lLved here the S~ period of t~. Nor do I. Nor is HzI. Roberts correct when she says I may make my house -a multiple dwellinq.-That woulo be ille9a1 in a sinqle-family neighborhood like oure, and all she or anyone else ~ho n~ices such a thing, anywhere, need to do is call the city: they will stop it. Part of Mrs. Roberts· anger is aqa~nst the woman who used to own my house, Mr8~ Monroe, and her son. She railed against her at the public hearing. describing bow she used to keep goats, and so on. Rer Leelin98 toward ~s. Monroe are understandable. but none are relevant to me, or my house, 411 the zoning administrator tried to point out to her. Another incorrect assumption is that my addition is illegal, that one possible rEsult of this pub~ic hearing 1s to qet it torn down. It is legal, and has been since 19B!. Anyone who wanta it torn dow~ should have spoken up at the public hearinq held on the matter back in 1981~ I don~t know when the addition was built. or by whom. My neighbor next doer said it was here when they moved in, in 1972 (and so wrote the city) ~ All I knc~ is that my hOUSE was built in 1950: that room in question has been part of it Lor a good many of those years. It makes it un~que~ I vould guess~ Some people think you car::t build a part of ~'our :house in the 2D' rear setback area. When I showed Jean OLmsted the Pa~o Alto pamphlet saying people could build their house 6' out into this setback area. up to halL their house in width. she thanked me, sayinq sometbinq about maybe having the bathroom Ine's alwaya wanted. Bl:t l:nfortunately. half of my houae is abc1ut 21" and lIly room is about 25' wide; that's one reason why I need this variance l those four feet eJtt.ra~ It also po'kf!:S out 10.5', not just 6'. so I need· the variance fot t.hose 4.5' too~ To me, 4.5' out of a lot depth of 110· is the sort of minot exception that a variance is meant to deal w~th~ Another incorrect assumption some people have is that you can't have plumbing facilities in accessory buildings. as the city call. them. You can, Dut only tvo of them. So if I wanted to build a bathtub and toilet in my room, I could, right nov. without a variance. But because I ~ant to have a sink too, I ne~ thi1l variance. : .• <' " ... • ---,,- Mrs. Roberts stated at the pWblic hearinq that her 11v1ng room ~indow8 have no curtains or drapes. nothlcq to block me look.ing in. To me, this seems like a prDblem easily solved. besides the obvious way. Through an intermediary I've offered to build a taller fence, install opaque shrubbery, even remove the windows on tier side, a,' a condition .of that variance: eVidently she waBn~t interested. I! she chooses to live her life in a goldfish bowl. I can see why she would be unhappy, thinking of P60ple lookinq in at her. She wrote the city, "the structure has been liqhted in the eveni~9s; this interfere5 with my enjoyme~t of my property rights.-Palo Alto is a liqhted city. I'm afraid. T~ere i5 nothinq to stop me from usinq my room for a different purpose, if I don't get this va~1anee to turn it into my master bedroom. You can have thinq5 like workbenches in accessory buildings, perhaps some of you do. Think of it as stmd1ar to a garage: you can't sleep in a garage. but yeu can do lots of other things there. I think the R~bertsr would be a lot happ!er if my room ~as a soundproofed bedro~., even if they may not a~it it yet. My la~ge8t bedroom is about tvelve feet from the living room of the house to the West of me. When the drWfl1'ler 1.s practicing I can clearly hear it~ even through closed windows in both houses. So I am planning to soundprcof the room I am asking for the variance 00. I am certainly willing to have soundproofinq be made a condition of the granting of the variance. Not only should soundproofl.1'l9 pro-tect the Roberts' from any noise I may make in my bedroom, it will also protect me against any noiSe some future occupant of their house may maJte. I estimate that the RobeLts' living' room is a:bout forty feet away from the wall of th~s room I want to make into a master bedroom (and their bedrooms twice as far. ,maybe). Mine is forty feel: from Charleston. To ~y way of thinkinq~ I ~ improvinq the neiq~~orhood as well as my house. The room's exter~or is very run down~ lO~9 in need of attention. If I qet the v~rianee~ I plan to totally remove the bo&rda~ install a layer of quake-proofing plywood~ then re-~n8tall the exterior sbeathinq before paintinq and so forth. It should look a lot better~ both to my immediate neighbors as well as me. Mrs. Roberts says she thinks it will decrease the value of her property~ I disagree: I think ~y remodelinq vill increase her value. I could go or.~ b'!.lt I haven~t the slightest idea ha., interested you are in all this. Palo Also required me to generate the ~ddress labels. which those of you livinq withi~ three hondred feet of my property rece~ved on ycu~ postcards from the ~ity. T~ey didn·t ma.e me talk to anyone, jose pointed me at their address book. But I went around~ knocking en dooL5. talking to those of you who were at horne. telling J,'oc. what I had in mind. aski!lg how you felt about it, and 50 OD. Lote of you tho~qht it was fine. I cooldn't ta~k to everyone, and this newsletter is qoinq to a much wider e~rele than three hundred feet. But if any of you are ir.t~["e8ted, one way or the other, or just:. curiou.s, pleaSE coneact me. I'll be happy to talk to yeu, answer any questions you may have~ listen to any suqQestions. have you come over to look at it. or ~hatever (after Labor Day veek). My phone number is 424-1314. My guess is that most of yeu dea't care &bout it, one way or the other. You might even resent being bothered. To you~ I apolog~ze. again~ Thanks. Respectfully, Steve Jeske r Oce, 44_ is lOok 2011 OUlo1al -.cord ... ,.~ U4) IIIC1.oAU.ftOB or aDrul!'TtOttS. ('!C)tml'l'101i1S. CO'IIDUft:. CIaMZII lUll) AGJ;ra 11 ~IIC 'l'1li: J:U:. PiQliZkti .... '" lfHtC2l' 11 Sl'l"'~ rI 'I'B1 comrrr or unA ctAM. SYAD: or c:Al.%J"01I:lft k U£C1AIiA'!1011 ~ and ht.M U. Uh "atoe of Oct.obez. 1"0 by &an "on Ab,t , !'itl_ Insurance Cc~ •• co..pont.ian. 1IiI'!IDDS .an ,JQ" ..:t.,t,.act • 'titl. In.u:r~c. co .• the ovn .. r rind: ,uW:t ... i.4e-r of • c.rtaift t.ra~t (Iof lu;d in. the CD'Qr,t.y of Sant. .. clara, Stat .. of eaUfol' ala, ,hCNn upoa .. Aap entitl.-4 -!".ract 1k>~ 7'5. C:Ju,rl.lto:I; M.a&ht.~ .. porUcn of the hMM JUncon. 1:) •• an Pranciaquito. Sant.. Clan CO'm'ty. CaUfornia"', filed fOE reeoz. in the officI of tho County -.co%4.~ ot th. CO~ty of hat_ CLua • .stat.. of Cal,Uom:i.l. em the ltd •• , of 0et.0lN0l'. Usa la Book 3D of ........ at PI9-5). ~. Ian oJOS_ Abltnr:t • Htle IMUIftC'e co. h .ucut. to •• 11 ~ 11IINn o.l IU ..... 'WMcb it; ... tr.. w .-aiIj. ct. to C'U't.aift t •• t.ri~1ob .. ,. C!DDIliUoaa. co-nU1t.1 ant. .,ra_ilu "~ it. and t:.ha ptn'c:h ... r. o( .aU propert.y •• ber.inaltlr let fortbr lOW. , ..... OU. Ian ilau Abrtzact. '" ~1t.1.e InIVD.CI CO. IIHlu •• u..t tile pnpert.y .hown 0l'Il said .... p ia h .. !.d UM!I U&ll h coa.v.ryed lubj." to .... 'r:lc- tloa.. c.oacUt1onl, covealll'l'C. aDd .,t"~t.s ~ it. IU'Io!! the pIU~a .. u ., H-1d pr-oputy ahd u.:i K" NU.. hft:'e...... UM! ... iqu. a. MU;U&aftM' a.t fort.h. 1. Ita lot. :Ioht;14 bit oatd u.eapt. foz-.r_i .... t;.hl purpo.a... IfO IHaUd11MJ IhI;U be nenftl. dtel'ti'l. pla.c.d or ~naitt" to Z--UJI. Oft any lot. o~ 'than ODII ~ .:i.nt1e-f.-iJy 6I.tell1ng. ttOt. to .~ one story 111. helt" .-nc! a priVate 9"ag-faz act. .uc u,an. two cur. 2. JIO build!n;J s.~l :be eren.ed • .plaC'eC1 Dr altere<l on any lot untU the conlt.ntctiOA plans UId .,.c-,i.f~.:.tion. and a plat ahow1.nq the loeatiOll of tile cor..~iO!'l nave bHn approvwd. 'by t;..be nehit.eet.urel eon-trol =-:it. .. tee 1".$ to qoaJ.:i.t.y of voTtau.hip and aIIt.U'i&l •• ?lenony of tl.s:i,n with diatiav 1t.net.UZ'" and. •• to location witll. respeet. to tapogor.,by &D4 f.1nJ all "r&d. elevatJ,cllo. 1ge-f~ Dr "all .hall be uec:ted. pIleII'd or .U.ret em an.y 10" ~ar.1' ~ MY au.at. t;:n.u. t.h.-ailiUta. b-..lildillo, •• t. lIal:'1" liD' ~l ... U:ai.'u~J' ~'HM!. ~.1 ahall b • .:rovU~ h p&r~npb t. :J. 'Itte 9%'OQ"toC1 floor area of thtI •• in .'tnC't.uIW belu.i ... · ::Jt a1'l .... tory opfi' porch .. and gu.p •• a'hall be not. 1 ••• thaQ 1. 000 lq\Iue 'Ht for oae-I~ry aw.11iD9'~ 4. 110 buUd1h1;f .hd1 be-.:Kt.H on any ...... U411\1 plot n •• ,..r-th.l 25 fHt to the fJ"Ofl'L atTHt. lift. nor naarer t.tlan 10 ;bn t=I 1::<), lit. IU·.,t. LiDe noz-_U.T tJt;p :l feet to .11, aide lot l.ln_~ ~t th.t ~h. sit;. U'Mt n.tric-tiona do not;. apply w tIM> detaci'fl 9"119_ locatad an the reB 1/2 of U. lot. 5 ~ Jb ...... lHng I\ou ••• hall be cr •• t." or &T1flCt.ed DpOn any let. or plOt.. re9Ultin; f_~ ra&Z"r~ ... ~t or ze.Ubd!ylaloD of Dr19inal lat.. as ahavn ."on the recor:lril I'L:.p of thh av.b4i .hiO'rl. •• ~ noKi~ aT offenaive .~ivity ah.ll be earri.a en upgn any lot., DO~ ahdl anythirrg 'be Rna thereon. which .. y 'be o~ baC'OllM .n. annoyance or aai..lhCe to 'th. Ml,hJ)orbood. • . i i , '. " ." ~_.~." _. I ~ . .,~-,>.~ ~ ~~--. .;. ...... ,~ 110 et.l'01:"t.ure of • t:.-pcrary cJq~.C"tA"r. tr-a.Uer, 'b....-.nt. t_t;, ~ ......... ban Dr iHber outbaU4i.l\q shall 'be .... alii any lot at any t-'-e ... ,. .. i"-nce eiCher u.poruU, ar ~tlnt.ly. •• lID fowl or fi;:n.u..1a. othel' t.hU bo.a .. t.ol11\1 pe ... of the a." .. 1 JI..ln4 and '" .. r-••• otIul_ :!'IUIIMI' •• ~ll " or-h l'\IUer.ct to M. kept. Dr aaJ,nt.aln" h . •• id fiaet. t. rh. ,...chhlct;ural COnt.zcl co-.U:t •• ia eoqMaH o.! J'OI.-ph L. zh)\.br, tillian liebler •• ~rt An.hen aDd Ian Joe. ".tract • ~tl. tna~ranc. CO. A __ J0r-ity of tho ~1'tt .. aay d •• ignate .. z.,r ••• nt.~1ve to A~t f~r it. En ,he ...... t of .... u. 0-1' ndgMtiCI:D. of an, ....... of tJle ~t.t. ••• tlIe I'~in!~ ~. sh .. !l h.~ full .. tbortt.y to ••• 1tnat. ... lace ••• or • • .-ither· the ...... 1'. of the (lCIIaitt .. _I' H .. dod9JWt.M rt'p1' •• ltnut.hre .. hall boe oht-itl...s to Iny ~ .. t.icm tor •• rvieea por-fonilltd PUUUI'lt. to chi .. ~t •• At ally tJ.Iu:. the tM:1 I'eCOrd ~n of • "jorlt., ot u. lot a ahan ,..". the J'9"'f'eC" thrOugh. ddy :r~rd.cl writt.en j,nnruaent. to change tn. ...... ,..h1p CIt the 0I:IIM.i ttee or to Vi tIWlr.., frca the c::...dt.t .. 01' .ru'tOl"e to it Py of J.u pcN'U'a end dati •• ~ 10. '!'be-CCladtt .. • I IpprDvd or d.i.~ro¥&l •• %eqairad ift u. ••• C01tHanta .hall b.-in wdt.ift9. III tM ...... t ttl. c:a-J.tt:_~ QI' ttl dedgl1lt.d npze •• nUtive. faJ.la to ."l'Ov. or .h~e VithlA 10 d.,.. after Flenl and ~e:i.ftee.ti.onl ~va been auDaitted to it" 0: ta. any ItV'aIt if 110 'Ilit 10 e1l~o1Jt; the COJ'W,~t.ion haa bMtl CCI'IIaeftt:H prior to t~ ~:et:lO!l. thneof. -.,ro.al Will not be :r~.iret!l aftI5 the ulnad! COftDIMfU Ihdl H d..-d to han bmlI fally ce.plJ.ri wi tl'I ~ 11. 'J'he.. ~t, er. to 'I'WI vUIl the lUllS and .MU h ~!D9 .. .11 ,..«1_ .,.. .U peraon.. ch~ '&ftd.ar the-. for .. pv.tod cf ~ty .. fJ. .. .,.11'1 f.n.a ~ date 01 tlI .... COV«Iutl are rec0.r4e4. after Vbich u.. • .,id ~~t~ .hell ~ e~~t1e.llr e.t~ for ~lv. period. of 1~ ye-UI UIll ••• an iZlltn.ent lilJned: by .... jodtr of th. thflI DWMra of U. lot.a ltae ~ .£~..s ~"hl9' 'to cheap: .. id ~ta 1.n ",*le w iu part. u. E:ft~t _hall ~ by pz:oceeddnqa .t. 1 ... or :lD taqgity .. Untt. .,. peHOa o.r J!U~ YioletJ..D9 Or .tt.-pUDg' eo violate> any covenaats al Uer to nltzain Yiolllt.i.OU or to :r.eovu d..-ge • 1l ~ %zwa1i4llUoa of any oa. of thue ~U try ,~t or COQZ't. onhr __ 11 ill r.o vi .. affect. any of the othe:r prori..iODI Whicb neU r--.in. in '~11 (~ and .fte;t~ Th. breach of the fc~eqoin9 r •• trietion. and eoveftant. Dr any entry by rea.oD of .uc:'b tlr •• cob shall ftOt defeat Dt' :l'end • .r imralid t:h. lie. Dt any DMd of Tr\I'It em .aid pr .... i ••• !>u't itll the c-••• of fOl'ecloaure and ,at. ~e"l.jndar. the pard: .... r ,hall. tak .. UU. lIul::iIject to all of •• i4 r ... tzictiDn. anr!I QQt)4.i Uona. 1_ VIftESS lIRI'Jt%lOF. t: •• unCIenig:nK 110 ... e-=~e4 and .... la(l; thh 1na~t 1:1'1. rIIay and year '''rat ~ V'l'itt~. s ....