Planning commission approves variance to keep patio cover at 8544 Larch Avenue

The Cotati Planning Commission voted unanimously to adopt a resolution approving a variance that allows an existing attached patio cover at 8544 Larch Avenue to encroach up to five feet into the property setback.

City staffer JP described the lot as unusually shaped and said the house itself already encroaches into the rear setback, which factored into the staff recommendation that the commission could make the findings required for a variance under the municipal code. JP said the property had a history of unpermitted structures dating back to complaints received in 2024 and that the current owner has since worked with the city to resolve several items, leaving the patio cover as the remaining encroachment that prompted the variance application.

Several neighbors and public commenters urged the commission to grant the variance and questioned the fee required for a variance application. Michael Hillberg told the commission, “you’re charging these homeowners $4,000 for this variance for just a lousy shade cover over a concrete slab,” and urged fee relief and an alternative interpretation of the lot lines that would avoid classification as a rear‑yard encroachment. Kelly WCK and other neighbors also spoke in support of the applicant.

The applicant, who did not give a full name at the podium, said the patio cover was a prized feature of the house they bought about a year ago, said they had remedied several code issues inherited when they purchased the property, and asked commissioners to approve the variance so the family could continue to use the space. “We love this city … we spend time with family underneath there,” the applicant said.

Commissioners discussed the $4,000 deposit and staff clarified the department’s fee process: the $4,000 is a deposit for cost recovery (staff estimated actual costs would be substantially less, closer to about $1,000) and the remainder is returned after expenses are covered. Commissioners also discussed the challenges of determining front/rear/side yards on corner lots and noted that the ordinance’s measurement for attached patio covers requires a 10‑foot clearance from any property line, which is why a variance was required.

A motion to approve the resolution was moved, seconded and approved on a 5–0 roll call vote (Commissioners Sparks, Berman, Moffett, Vice Chair Gelardi and Chair Long voting yes). The approval included conditions that the applicant obtain a building permit, bring the structure into compliance with current codes and allow inspection to ensure the cover is mounted safely. Staff also noted the project was categorically exempt from CEQA under a small‑project conversion exemption and that staff will return any unspent portion of the variance deposit to the applicant after processing costs are recovered.

The commission did not grant fee waivers at the hearing; commissioners directed the applicant to speak with Director H or the city manager about possible fee relief and noted the commission’s limited discretion over fee waivers. The resolution and the commission’s recommendation will be reflected in the permit record and the applicant must secure required building permits before final sign‑off.