Resolution/ 2121 Sheraton Drive Page 1 of 4
RESOLUTION NO. XX-XX
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
OVERRULING AN APPEAL AND APPROVING A VARIANCE TO
MAINTAIN A 68 SQUARE FOOT ACCESORY BUILDING IN THE
REAR YARD OF A SINGLE-FAMILY RESIDENCE AT THE SITE
LOCATED AT 2121 SHERATON DRIVE, SANTA CLARA
PLN22-00441 (Variance)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, on August 3, 2022, Jim Horner (“Applicant”) filed an application for a V ariance to allow for a 68 square foot accessory building located in the rear of a single-family residential lot located at 2121 Sheraton Drive, Santa Clara (“Project Site”); WHEREAS, the Project Site is currently zoned as R1-6L, Single-family Residential Zoning District; WHEREAS, the applicant is requesting to maintain and complete a partially built accessory structure within the rear accessory building setback, and within the minimum accessory structure setback from a main building. The accessory structure was requested to be maintained at its current footprint of 68 square feet and have no plumbing, as shown on the Development Plans, attached as Exhibit “Development Plans”;
WHEREAS, the Project is Categorically Exempt per Section 15301(e)(2), Class 1 Additions to Existing Facilities, in the Guidelines to the California Environmental Quality Act (“CEQA”), in that the Project would make an addition to an existing structure of less than 10,000 square feet, the Project is located in an area where all public services and facilities are available, and the area where the Project is located is not environmentally sensitive; WHEREAS, the subject property conforms to zoning code standards except for a substandard rear lot width of 44-feet where 60 feet is the minimum lot width in the Single- family Residential Zoning District (R1 -6L), the 106 foot front lot width of the subject property exceeds the zoning code standards, as does the lot size of 7,000 square feet, where only 6,000 square feet is required;
Resolution/ 2121 Sheraton Drive Page 2 of 4
WHEREAS, a duly noticed public hearing was held before the Planning Commission on November 9, 2022 to consider the application, at the conclusion of which, the Planning Commission voted to approve the variance (7-0-0), after making verbal findings after the close of the public hearing. The Commission directed staff to prepare a Resolution reflecting those findings to be voted on at the next Planning Commission meeting scheduled for December 7, 2022.
WHEREAS, Planning Commission voted unanimously to adopt the Resolution to approve the Variance for the Project at 2121 Sheraton Drive at the meeting of December 7, 2022 (5-0-0).
WHEREAS, on December 8, 2022, Annekathrin Chatterjee filed a timely appeal of the Planning Commission’s action to approve the Variance.
WHEREAS, on January 20, 2023 , the notice of the January 31 public hearing for this item was posted within 300 feet of the Project Site and was mailed to property owners within a 300- foot radius of the Project Site; and,
WHEREAS, a duly noticed public hearing was held before the City Council on January 31, 2023 to consider the appeal. At the public hearing, the City Council invited and considered any and all verbal and written testimony offered in favor of and in opposition to the Project.
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That the City Council hereby finds the above Recitals are true and correct and by this reference makes them a part thereof.
2. That pursuant to SCCC Section 18.108.040, the City Council hereby makes the following findings in support of the variance:
A. That there are unusual conditions applying to the land or building which do not apply generally in the same district.
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1. The lot is trapezoidal in shape and due to the configuration of the lot and the significant landscaping improvements already made to the lot limit the options for the installation of the storage shed.
B. That the granting of the Variance is necessary for the preservation and enjoyment of substantial property rights of the Property Owner.
1. Relocating the storage shed would be infeasible, because other possible locations on the site would have blocked the views of the house or the physical use of the carport on the property given the shape and configuration of the lot.
C. That the approval of such Variance, under the circumstances of the particular case, will not materially affect adversely the health, safety, peace, comfort, or general welfare of persons residing or working in the neighborhood of the Property Owner’s property, and will not be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood.
1. The neighborhood is filled with similar structures and the exact location of proposed shed has already been the site of a shed in the past with no significant adverse effects.
D. That the approval of the Variance is in keeping with the purpose and intent of the Zoning Ordinance.
1. The zoning ordinance recognizes that practic al difficulties may arise from strict interpretation of the code and the City Code allows the granting of a variance in these instances.
3. That the City Council hereby overrules the appeal and upholds the approv al of Variance PLN22-00438 to allow a 68 sq ft accessory building in the rear yard setback at 2121 Sheraton Drive, subject to the Conditions of Approval, attached hereto and incorporated herein by this reference.
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4. Effective date. This resolution shall become effective immediately.
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION
APPROVED BY THE CITY COUNCIL OF THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 31th DAY OF JANUARY 2023, BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: C OUNCILORS:
ATTEST: ___________________________________
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Attachments Incorporated by Reference:
1. Conditions of Approval
2. Development Plans