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Council grants variance to enclose small patio at 18113 Bancroft Avenue
Summary
After a public hearing and discussion of required legal findings, Monte Sereno's council approved a variance to reduce the rear-yard setback from 30 to 25 feet so the owners can enclose about 24 square feet of covered patio; the council found the lot's narrowness, slope and prior zoning change created a legal nonconforming condition.
The Monte Sereno City Council voted Jan. 20 to grant a variance allowing a modest enclosure at 18113 Bancroft Avenue, reducing the required rear-yard setback from 30 feet to match an existing 25-foot condition. Staff and the site and architectural commission had recommended denial, noting the strictness of variance findings, but the applicant and several councilmembers argued the property's narrow shape, steep slope and legal nonconforming status justified the relief.
Applicant Dan Casetas (speaker 7) told the council the only practical location for the addition is under an existing roofed patio and that the enclosure would not increase visible massing: "This is highly site specific...it's tied to an existing roof line and unique lot constraints with 0 visibility impact to the neighbors," he said. Casetas submitted photos and said the rear neighbor provided a letter of support.
The city attorney (speaker 12) summarized the three findings the council must make for a variance: (1) special circumstances due to size, shape, topography or surroundings make strict application of the code deny privileges enjoyed by other properties; (2) conditions and any conditions imposed will not grant special privileges inconsistent with nearby properties; and (3) the variance does not authorize uses prohibited by the zoning regulations. After council discussion referencing those findings and concerns about precedent, a councilmember moved to approve the variance; the motion was seconded and passed on roll call (unanimous recorded yes votes).
Councilmembers emphasized the narrow, site-specific nature of the request and noted the variance would not change the property's single-family use or increase the building envelope beyond the existing roof line. The council directed staff to prepare the resolution reflecting the findings discussed in the motion.
