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PLN21-0391 - Administrative Variance - 1331 Sherman Street - Applicant: Daniel Hoy. A public hearing to consider an Administrative Variance for the re-approval of expired variance no. V06-0007 for lot coverage and rear and side setbacks. In order to allow the construction of a 198 square foot, one-story addition within the footprint of an existing covered rear patio, variances are necessary for the project to achieve total lot coverage of 43% where the maximum allowed lot coverage is 40% and a rear setback of 3 feet 10 inches where 12 feet is required.
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CITY OF ALAMEDA
PLANNING, BUILDING AND TRANSPORTATION DEPARTMENT
ADMINISTRATIVE VARIANCE
PROJECT DESCRIPTION:
PLN21-0391 - Administrative Variance - 1331 Sherman Street - Applicant: Daniel Hoy. A public hearing to consider an Administrative Variance for the re-approval of expired variance no. V06-0007 for lot coverage and rear and side setbacks. In order to allow the construction of a 198 square foot, one-story addition within the footprint of an existing covered rear patio, variances are necessary for the project to achieve total lot coverage of 43% where the maximum allowed lot coverage is 40% and a rear setback of 3 feet 10 inches where 12 feet is required.
GENERAL PLAN: Medium-Density Residential
ZONING: R-1, One-Family Residential District
ENVIRONMENTAL DETERMINATION:
The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 - Existing Facilities and 15305 - Minor Alterations in Land Use Limitations.
PROJECT PLANNER: Deirdre McCartney, Planning Technician
PUBLIC NOTICE: A notice for this hearing was mailed to property owners and residents within 300 feet of the site, published in local newspapers and posted in public areas near the subject property. Staff received no public comments on this proposed project at the time this report was written.
EXHIBITS:
1. Project Plans
2. Resolution PB-06-46
RECOMMENDATION: Approve the Variance with conditions.
PROPOSAL SUMMARY: The applicant has requested the re-approval of an expired variance application no, V06-0007, approved by the Planning Board (Resolution PB-06-46) on November 13, 2006 to allow for an approximately 198 square foot addition to an existing cottage with lot coverage of 43% where 40% is required and a rear setback of 3 feet 10 inches where a 12 foot rear setback is required.
The proposed design for the single family home with its reduced rear yard setback is consistent with the existing homes in this neighborhood. The small rear addition of 198-square-feet is also below the 1,200-square-foot threshold for triggering Design Review pursuant to AMC Section 30-37.2. Besides the variance, no other discretionary review is required.
The subject property lot area is 2,970 square feet which is substantially smaller than the 5,000 square foot standard lot in the city. The subject lot is located in the middle of a residential block and is generally land-locked except for a five-foot wide easement that provides a pedestrian walkway for access through a neighboring lot. The unique and substandard configuration of the lot creates a problem with compliance with the following development standards for the new addition:
1. Maximum main building coverage: AMC Section 30-4.1 Maximum main building coverage is 40% of the lot area. The proposed addition on the substandard lot will bring the lot coverage up to 43%. The substandard lot size prevents the construction of a practically sized addition while staying within the 40% maximum coverage.
2. Rear yard setback: 12 feet. AMC Section 30-5.6 For a lot less than one hundred (100’) feet in depth, the rear yard shall be twenty (20%) percent of the average lot depth, but in no case shall it be less than twelve (12’) feet. The applicant proposes to build the rear addition within approximately 4 feet of the rear property line which will allow for a viable and cohesive design for a bedroom addition that is appropriate for the site and is compatible with neighboring buildings.
Pursuant to AMC Section 30-21.2, an Administrative Variance may be approved for variances to yard requirements and open space requirements on residential properties if the findings in AMC Section 30-21.1 can be made.
AMINISTRATIVE VARIANCE FINDINGS:
1. There are exceptional or extraordinary circumstances applying to the property involved or to the proposed use of this property. The 2,970 square-foot size of the subject property is smaller than a standard lot size by 2,030 square feet. The subject lot is located in the middle of a residential block and is generally land-locked except for a five-foot wide easement that provides a pedestrian walkway for access through a neighboring lot. The unique and substandard configuration of the lot creates a problem with compliance with the development standards for the new addition. As a result of the unique configuration, the buildable portion of the lot is only approximately 47 feet deep, which is less than half of the depth of surrounding lots, which on this residential block is 150-feet deep.
2. Because of such exceptional or extraordinary circumstances, the literal enforcement of specified provisions of this section would result in practical difficulty or unnecessary hardship such as to deprive the applicant of substantial property right possessed by other owners of property in the same class of district. Due to the extraordinary circumstances of the substandard lot, the literal enforcement of the Zoning Ordinance would deprive the applicant of substantial property rights possessed by other owners of property in the same class district. AMC 30-4.1 provides a maximum 40% lot coverage and AMC 30-5.6 requires a minimum 12 foot rear yard for lots less than 100-feet deep. The applicant is proposing a 198- square foot addition in order to add one bedroom and one bathroom to the existing one-bed, one-bath house, which without the variance would not be achievable. Furthermore, the surrounding homes average over 2,000 square feet in size, and the subject home with a 198-sf addition would only be approximately 1,271 square-feet in size. Therefore, the literal enforcement of the zoning requirements in combination with the small lot size prohibits the property owner from building a one-bedroom addition to make this a small two-bedroom house. Regarding rear yard setback and lot coverage, the proposed lot coverage is similar to the adjacent lot west of the property and the proposed rear yard setback is similar to those existing for other homes in the neighborhood which are similarly zoned R-1, Low Density Residential For example, adjacent lots on the north side of the property have rear yards that are less than five feet and nearby homes on Sherman Street and in the immediate neighborhood similarly do not meet the setback requirements of the Zoning Ordinance and have rear yard setbacks of less than three feet.
3. The granting of the variance will not, under the circumstances of the particular case, be detrimental to the public welfare or injurious to persons or property in the vicinity. The proposed second bedroom addition to the existing one-bedroom cottage will not be detrimental to the public welfare or injurious to persons or property in the vicinity. The proposed addition will not generate significant shading on the neighboring properties when compared to a home that is built with five-foot setbacks. Consistent with the previous approval granted by the Planning Board, the project will be conditioned to use a hipped roof instead of a gable roof to further minimize and shadow potential from the addition. The project also does not obstruct any designated scenic views. Overall, no major adverse effects such as significant shading or significant view blockage, except as noted above, will occur on adjoining properties. All other components of the project, except the side yard and front yard setbacks covered under the variance, comply with development standards in the Zoning Ordinance. The proposed addition is within the foot print of an existing covered patio and is not visible from the street. The proposed design utilizes a 3-foot 10 inch set back with one-hour rated construction and no windows which exceeds the requirements of the building code (2019 California Residential Code Table 721.1). With the use of a reduced rear yard setback and increased lot coverage, the proposed design is realistic for a new modest one-story addition and the proposed design is compatible with other existing homes in the neighborhood. Therefore, granting this variance will not be detrimental to the public welfare or injurious to persons or property within the vicinity.
CONDITIONS:
1. Compliance with Approved Plans: The plans submitted for building permit and construction shall be in substantial compliance with plans prepared by Daniel Hoy, received August 31, 2021 and on file in the office of the City of Alameda Planning, Building, and Transportation Department, except as modified by the conditions listed in this letter.
2. A copy of this Approval shall be printed on the cover of the final Building Permit plans.
3. Roof Design: Final plans submitted for Building Permits shall show a hipped roof for the proposed addition.
4. Rear Deck: The proposed rear deck shall comply with setback standards for decks in the Alameda Municipal Code.
5. Vesting: This approval is valid for two years and will expire on October 4, 2023 unless substantial construction has commenced under valid permits. Please note: The approval may be extended to October 4, 2025 upon submittal of an extension request and the associated fee.
6. Changes to Approved Plans: This approval is limited to the scope of the project defined in the project description and does not represent a recognition and/or approval of any work completed without required City permits. Any additional exterior changes shall be submitted to the Planning, Building, and Transportation Department for review and approval prior to construction.
7. HOLD HARMLESS. To the maximum extent permitted by law, the applicant (or its successor in interest) shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City of Alameda, its City Council, City Planning Board, officials, employees, agents and volunteers (collectively, “Indemnitees”) from and against any and all claims, actions, or proceedings against Indemnitees to attack, set aside, void or annul an approval by Indemnitees relating to this project. This indemnification shall include, but is not limited to, all damages, losses, and expenses (including, without limitation, legal costs and attorney’s fees) that may be awarded to the prevailing party arising out of or in connection with an approval by the Indemnitees relating to this project. The City shall promptly notify the applicant of any claim, action or proceeding and the City shall cooperate in the defense. The City may elect, in its sole discretion, to participate in the defense of said claim, action, or proceeding and the applicant (or its successor in interest) shall reimburse the City for its reasonable legal costs and attorneys’ fees.
DECISION:
Environmental Determination
The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 - Existing Facilities and 15305 - Minor Alterations in Land Use Limitations.
Variance
The Zoning Administrator hereby approves the Variance and Design Review with conditions.
The decision of the Zoning Administrator shall be final unless appealed to the Planning Board, in writing and within ten (10) days of the decision.
Approved by: Date: November 15, 2021