Zoning hearing officer approves use permit to legalize three backyard sheds at 1591 Lexington Avenue

SAN MATEO, Calif. — The San Mateo County Zoning Hearing Officer on Feb. 20 approved a use permit to legalize three existing detached accessory buildings at 1591 Lexington Avenue, finding the structures would not create significant adverse impacts if built or retrofitted to meet conditions in the staff report.

Planner Sam Becker told the hearing the three buildings are about 12 by 10 feet each (roughly 120 square feet apiece, about 360 square feet total), were constructed without permits, and are proposed to be used for personal meditation, healing and art. "These are detached accessory buildings, not detached accessory dwelling units," Becker said during his presentation.

The permit, listed as PLN2023-00291 on the Feb. 20 agenda, was approved subject to the staff report’s findings and conditions, which include setback verification during the building-permit review and fire-safety upgrades required by the fire department because the property lies within the wildland-urban interface. Zoning Hearing Officer Bridal LeClaire made the final determination, saying, "pursuant to the findings and subject to the conditions of approval in the staff report and attachment A, I'm gonna approve this project." The decision may be appealed to the Planning and Building Department by 5 p.m. on March 6, 2025, accompanied by a $19.62 appeal fee.

Neighbors who spoke at the public hearing said their principal concerns were privacy and the potential for future rental or habitation. Monica Thaw, who identified herself as the owner of the adjacent 1599 Lexington Ave., asked for confirmation that the side-yard setback between her property and the applicant’s would be verified. "I just wanted to confirm that at some point during the project, the setback from the side ... is going to be verified," Thaw said. Becker confirmed that setback verification is a condition of approval.

Tim and Michelle McNeil told the hearing that the third shed sits on a raised area, includes a window and overlooks their backyard. They asked whether future owners could legally rent the sheds. Becker and other staff clarified that the approved structures are non-habitable under the current approval and that approved plan sets will be stamped to indicate they are not accessory dwelling units, and that code-enforcement remedies would apply if the buildings were later used as dwellings without required permits. A county staff speaker also noted that, under state law, an accessory dwelling unit (ADU) may be allowed as a matter of right in some cases, and conversion in the future would need to comply with applicable ADU requirements.

Staff reported the buildings meet the zoning district’s standards for coverage and setbacks as shown on the applicant’s plans, and that the project would be categorically exempt from further environmental review under the cited categorical exemption for accessory structures. The file lists table-based setbacks (a three-foot minimum side-yard setback for detached accessory buildings), the building heights noted on the plans, and the building department’s and fire department’s review notes. Fire-department conditions require upgrades to fire-rated materials for the retrofits because of the property’s location in the wildland-urban interface.

Applicant Yanli Mee (listed on the application with co-owner Peter Bailey) acknowledged neighbors’ concerns and said they have discussed raising the shared fence. Mee also described the garden and personal uses for the sheds during public comment and said they would cooperate with neighbors on privacy measures.

The Zoning Hearing Officer closed the public hearing after the speakers finished and approved PLN2023-00291 with the conditions and findings in the staff report. The staff report and attachments remain the authoritative source for the precise wording of conditions, including the setback-verification requirement and the fire-department retrofit conditions.

Votes at a glance: Zoning Hearing Officer Bridal LeClaire — approval of PLN2023-00291 (no roll-call vote recorded). Appeal deadline: 5 p.m. March 6, 2025; appeal fee: $19.62.