REPORT TO PLANNING COMMISSION
SUBJECT
Title
Public Hearing: Action on Appeal of Zoning Administrator Denial of Minor Modification for the property at 1940 Avenida De Las Rosas
Report
BACKGROUND
The applicants Jerivette and Jay Ecalnir submitted a proposal to remodel and construct a 522 square foot rear living area addition to their existing house. In order to permit the proposed rear addition, the owners filed an application for Architectural Review Approval and a Minor Modification to allow the rear addition at a 15-foot setback from the rear property line, where a minimum 20-foot rear yard is required for a house in the R1-6L Zoning District.
The request for Minor Modification was denied by the Zoning Administrator on September 7, 2018 (letter attached) because the finding required for the administrative variance could not be met. The applicants are not satisfied with the determination of the Zoning Administrator, and filed an appeal of the decision within seven days on September 14, 2018.
DISCUSSION
The property is zoned Single Family Residential (R1-6L). The subject property is a rectangular lot of a standard lot size of 6,000 square feet, and has a standard lot width of 60 feet - both of which meet the current minimum standards for R1-6L zoned properties. The house is positioned on the property at a 21-foot - 6-inch setback from the front property line, at the minimum standard setback of five-feet from the east side property line, at a six-foot, six-inch setback from the west side property line, and a 34-foot, 6-inch setback from the rear south property line where a minimum 20-foot rear yard building setback is required.
The applicant has provided a statement of justification for the Modification to permit the rear addition at a proposed 15-foot setback from the rear property line, dated August 15, 2018. Based on Chapter 18.90 of the Santa Clara City Code (SCCC), a "Minor Modification" shall in no event be deemed to be greater than twenty-five per...
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