Commission approves vertical extension of nonconforming wall at 713 San Carlos Avenue
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Summary
The commission approved a use‑permit request to vertically extend an existing nonconforming north/left setback at 713 San Carlos Avenue so a proposed attached ADU addition can proceed; the decision was 3‑0 with a standard 14‑day appeal period.
The Planning and Zoning Commission of the City of Albany on May 20 approved a use permit to vertically extend an existing nonconforming left/north side yard wall at 713 San Carlos Avenue, allowing the applicant to proceed with a two‑story addition that includes a garage conversion to an attached accessory dwelling unit. The vote was 3‑0, and staff reminded the applicant that story poles must remain in place during a 14‑day appeal period.
Associate planner Mira Hahn told commissioners the 3,333‑square‑foot lot currently contains a 1,861‑square‑foot two‑story home built in 1926 with an existing, nonconforming left/north side setback. The proposal would demolish a rear sunroom, convert the one‑car garage to living space, and construct about 456 square feet of two‑story addition area plus a 27‑square‑foot utility room, yielding a resulting house of about 1,983 square feet and a maximum height of 20 feet 8 inches as shown in the plans. Because the proposed second‑story work would vertically extend a wall that sits inside the required side setback (staff described an existing nonconformity measured in inches versus the code‑required 3 feet 3.6 inches), the project requires a use permit to allow that vertical extension.
Two public comments were received and placed into the project file; no speakers attended in person or online for the public‑comment period on this item. Commissioners noted that state law limits local design review of ADUs and that the limited question before the commission was whether the use permit findings could be made to extend the nonconforming wall vertically. Commissioners said the plans are well‑handled and recommended clear house numbers for emergency access as a minor improvement.
Motion and result: a commissioner moved and the commission approved the vertical nonconforming wall extension (application PA25‑019 at 713 San Carlos Avenue). The vote was unanimous, 3‑0. Staff reiterated that story poles must remain for 14 days and that building permits and ADU review (where applicable) follow separate procedures.
