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Minutes 1995 0403
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CM City Clerk-City Council - Document Type
Minutes
Document Date (6)
4/3/1995
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Minutes - San Leandro City Council Meeting - April 3, 1995 Page - 10 - <br /> 8. PUBLIC HEARINGS <br /> A. Matter of Appeal by R. Shih of the Board of Zoning Adjustments' Denial <br /> of V-94-5; Variance; to Reduce the Required Rear Yard Setback from 10 <br /> Feet to 5 Feet to Retain an Existing Addition, Which Includes a Family <br /> Room, Bedroom/Study and Bathroom; 14289 Santiago Road; Assessor' s <br /> Parcel Number 80G-928-15; R. Shih; RS (Residential Single-Family) <br /> District. Continued from the March 20, 1995, City Council Meeting. <br /> This being the time and place for the Public Hearing on the above <br /> matter, Steve Emslie, Planning Manager, presented the staff report. He <br /> reviewed the Variances granted in the area since 1969. He described <br /> how those were different from the current request, because they <br /> involved corner lots, property adjacent to higher-density land uses, or <br /> different types of structures such as patio covers. He said all the <br /> Variances were for structures for which permits were obtained before <br /> they were built. <br /> Council Member Polvorosa said some of the previous Variances were for <br /> 90' -deep properties; Mr. Emslie said those Variances would probably not <br /> be granted today. <br /> Council Member Kerr said he did not see any difference between the Shih <br /> Application and the Variances which were previously granted, except <br /> that permits were obtained prior to construction. Council Member Kerr <br /> asked if Mr. Emslie knew of Building Code violations in the Shih <br /> building. Mr. Emslie said there is some evidence that there may be <br /> violations, such as the use of plastic pipe. <br /> Staff presented a video tape of the subject property and responded to <br /> Council questions. Mr. Emslie said the structure has not been <br /> inspected for Building Code issues, pending the outcome of the Appeal . <br /> He confirmed that, under the Zoning Code, a 30' -tall structure could be <br /> constructed to within 10' of the rear property line, with architectural <br /> review and no Variance. <br /> Council Member Kerr said the occupants on both sides and across the <br /> street have no objections, and the rear property owner only objected to <br /> selling 5' of his property to Mrs. Shih. <br /> In response to questions, Mr. Emslie discussed shadows cast on the <br /> property to the rear and reviewed the site plan. <br /> Council Member Kerr said he did not agree the Zoning Code required that <br /> Variances meet all three standards to be granted. He said this is an <br /> exceptional or unusual circumstance because, if the Variance is not <br /> granted, the addition must be demolished. He said the important issue <br /> is that it meets all Building Codes. He did not think it cuts out <br /> anyone's light or ventilation, and it is not detrimental to the <br /> neighbors. He said the reasons for granting other Variances were no <br /> better than in this case, and he does not see much difference. He said <br /> staff could come up with reasons for justifying the Variance with <br /> Conditions that it meet all Codes, which may require Mrs. Shih to open <br /> up the building, which she has agreed to do. He recommended that the <br /> Appeal be granted with Conditions. <br />
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