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Milpitas council denies variance for covered deck at 860 Evans Road
Summary
City council voted 3-1 to overturn the Planning Commission and deny a variance that would have allowed a covered deck to encroach into the Hillside Combining District side-yard setback; staff said alternatives exist and approving the request would expand a nonconforming structure.
The Milpitas City Council voted 3-1 on May 21 to deny a minor site development permit and zoning variance that would have allowed a covered, attached deck to encroach into the Hillside Combining District side-yard setback at 860 Evans Road.
Staff told the council the proposal would expand a legally nonconforming structure and did not meet the required variance findings. Planning staff and the city attorney said alternatives — including an uncovered deck, a detached patio cover, or relocating a covered deck to the property’s opposite side — would comply with current code without granting the property a special privilege.
Randy Baez, associate planner for the city, told the council the applicant sought approval for an approximately 1,082-square-foot attached accessory building on a 0.8-acre lot and a deviation from the hillside minimum 40-foot…
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