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Council approves site development permit and small variance at 17951 Saratoga-Los Gatos Road
Summary
The council approved a site development permit and a minor variance to permit a second-story addition with a 22-foot side-yard setback (where 25 feet is required) at 17951 Saratoga-Los Gatos Road after council found the existing structure is a legal nonconforming condition and adopted tailored findings.
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Monte Sereno’s City Council voted Aug. 19 to approve a site development permit for additions at 17951 Saratoga-Los Gatos Road and to grant a minor variance allowing a 22-foot second-story side-yard setback where the zoning code requires 25 feet.
Staff told the council the project includes an approximately 829-square-foot single-story addition and an approximately 1,289-square-foot second-story addition, and that no trees would be removed. Staff also reported it could not make the standard variance findings based on unique property circumstances, and that the Site & Architecture Commission recommended approval of the site-development permit but had not recommended the variance. Council and staff discussed that the existing house is a legal nonconforming structure built before the city's incorporation and that, without the variance, there would be a nearly 3-foot gap preventing internal access between second-story areas.
After extended debate about the narrow scope of the variance and potential precedential effects, the council voted to adopt findings tailored to this property — including that the proposed encroachment would not be visible from the surrounding area and that conditions could prevent special privileges — and approved the permit and variance by roll-call vote.
City staff said the variance is intended to address a practical difficulty specific to this lot; any future reconstruction or new houses would still require separate permits and conformity with the city’s development standards.

