Minutes 1991 1104 - Laserfiche WebLink

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Minutes - San Leandro City Council Meeting - November 4, 1991 Page - 7 - PUBLIC HEARINGS (continued) Council Member Glaze asked if Code Enforcement had looked at the inside of the addition. Mr. Penaranda said they had not, pending the outcome of the Variance process. Mr. Penaranda said a neighbor to the rear had opposed the Variance because it infringes upon his privacy and has been built without permits. Mr. Penaranda said the Board of Zoning Adjustments concluded that denial of the Variance did not deprive Mr. Vales of any property rights that were also enjoyed by his neighbors and, therefore, had denied the Variance. He said if the City Council approves the Variance, they would be required to make Findings for doing so. He said if they denied the Variance Mr. Vales would be required to bring the addition into compliance within 90 days of the City Council 's action. Aderito Vales, 1427 Orchard Avenue, the Appellant on the Variance, said he constructed a 17' x 20' addition for his 85-year-old mother, who is confined to a wheel chair. He said the addition allows her access to a bedroom and a restroom. He said the City Inspectors had seen his addition but told him to forget about it. He said the home of the neighbor behind him is 160' from the rear fence, so he does not feel his addition impacts the privacy of that neighbor. In response to a question from Mayor Karp, Mr. Vales said he did not obtain a Building Permit for the addition because he had done it so quickly. Council Member Polvorosa asked questions about access to and from the room by Mr. Vales' mother and said it appeared there was only one door that she was able to use and this could be a hazard in case of a fire or an emergency. Council Member Santos asked questions regarding the size of the side yard shown at the door into the side yard. Mr. Penaranda said the side yard was 25' wide so Mr. Vales could have built the addition to the side and back slightly without needing a Variance. In response to a question from Mayor Karp, Mr. Penaranda said the neighbor to the rear has complained about both the structure and the sun deck and feels they are an eye sore. The neighbor also questioned the seismic stability of the addition. Mr. Penaranda explained that staff had not yet been inside the addition so he did not know if the addition was up to Code. The City Council asked additional questions regarding the number of bedrooms on the first floor, access to the addition, and location of clothes lines. Mr. Vales concluded by saying he would like to keep the addition temporarily for his mother's use, and he felt his neighbors were protesting because they were jealous.