Resolution 12708CITY OF ALAMEDA RESOLUTION NO. 1270.8
UPHOLDING THE PLANNING BOARD'S APPROVAL OF VARIANCE V-95-5 IN
PART FOR THE FRONT STAIR ENCROACHMENT INTO THE REQUIRED FRONT
YARD FOR 1574 PACIFIC AVENUE
WHEREAS, an application was filed on March 3, 1995 by Florencio
Tayag requesting Variance, V-95-5, to consider the construction of the
front stairs, with an 11 foot setback from the front property line
where 14 foot setback is required; and
WHEREAS, the application was accepted as complete on April 13,
1995; and
WHEREAS, the subject property is designated as Medium Density
Residential on the General Plan Diagram; and
WHEREAS, the subject property is located within an R-4
' (Neighborhood Residential) Zoning District; and
WHEREAS, the Planning Board held a public hearing on this
application on September 21, 1995, and examined pertinent maps,
drawings, and documents; and
WHEREAS, the Planning Board approved Variance (V-95-5) in part
for the front stair encroachment into the required front yard; and
WHEREAS, an appeal was filed on September 27, 1995 by Eve
Roberson as a representative of Save Pacific Avenue to City Council
of the approval by the Planning Board of the Variance; and
WHEREAS, the City Council held a public hearing on November 7,
1995, and has examined pertinent maps, drawings and documents; and
WHEREAS, the City Council concurs in the following findings of
the Planning Board, and upholds the Planning Board approval of
Variance 95-5 for encroachment of the front stairs into the required
front yard:
1. There are extraordinary circumstances applying to the property
relating to the physical constraints of the parcel, such as size,
shape, topography, location or surroundings.
The special circumstances include noncomplying lot width and
historic placement of the house with a noncomplying front yard
setback. The lot is 182.5 feet deep by 34.6 feet wide. The
minimum lot width in the R-4 Zoning District is 50 feet. The
historic placement of the house is approximately 15 feet 2 inches
from the front property line where 20 feet is required today.
The construction of a new stair extends within eleven feet of the
front property line, allowed an extension of the existing stair
without redesigning the front facade. Additionally, there is no
practical way to raise the house, which is permitted by Alameda
Municipal Code, without providing an extended stairway. There
is no alternative to the current stair configuration because of
the existing floor plan of the duplex which does not lend itself
to providing a rear access, the narrowness of the lot does not
allow for a side stair access on the east side of the front
duplex and the existing driveway located on the west side of the
structure makes location of a side stairway impossible there as
well.
2. Because of these extraordinary circumstances, the literal
enforcement of the Zoning Ordinance standards would result in
practical difficulty or unnecessary hardship such as to deprive
the applicant of a substantial property right possessed by other
owners of property in the same zoning district.
The literal enforcement of the Zoning Ordinance would deny the
property owner rights that are generally enjoyed by other
property owners in the same zoning district such as the
properties located in the general vicinity within the same zoning
district that have similar front yard setbacks and encroachments
of stairs or buildings due to the historic placement of the
house.
The historic placement of the house was not changed when the
house was raised and converted from a single family house to a
duplex. Due to the narrowness of the lot and the location of the
existing driveway there is no practical solution other than to
place the staircase as constructed.
Therefore, the enforcement of the setback requirements for
encroachments into yards would result in a hardship for the .
applicant by not allowing him to maintain the historic placement
of the house and front entry to the existing units as is provided
for many dwelling units within the surrounding area.
3. The granting of the variance, under the circumstances of the
particular case, will not be detrimental to the public welfare
or injurious to persons or property in the vicinity.
The variance is for the stairs to encroach three feet further
into the required front yard than is permitted. The encroachment
is adjacent to a public street and has minimal effect on the
light, air, privacy of abutting homes and those adjacent
properties across the street. Many other residences in the
immediate area have stairs or buildings which encroach into the
required front yard. However, the existing landscaping within
the front yard should be enhanced to buffer the residential
development from the street. Additionally, the applicant should
be required to construct a garbage enclosure to accommodate the
two garbage cans which are now situated within the front yard.
A variance for stair encroachment within the required front yard
is not uncommon, during the past year two variances have been
granted for single family residences. The applicants applied for
Design Review to raise the existing house and create habitable
space within the existing basement, raising the residence
necessitated construction of new stairs which encroach into the
required front yard. The project addresses are as follows: 1628
Minturn Avenue and 2901 San Jose Avenue.
I, the undersigned, hereby certify that the foregoing Resolution
was duly and regularly adopted and passed by the Council of the City
of Alameda in regular meeting assembled on the 7th day of
November , 1995, by the following vote to wit:
AYES: Councilmembers DeWitt, Mannix and
President Appezzato - 3.
NOES: Councilmembers Arnerich and Lucas - 2.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 8th day of November , 1995.
Dian Felsch, City Clerk
City of Alameda