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Monte Sereno council denies variance for front-yard ADU at Winchester Boulevard
Summary
The council voted to deny a homeowner's request to exceed the 800-square-foot limit for a front-yard accessory dwelling unit, siding with staff that the required legal findings could not be made; the motion passed 4-1.
The Monte Sereno City Council on May 5 denied a variance request that would have allowed a detached accessory dwelling unit (ADU) of about 986 square feet in a front yard at 15391 Winchester Boulevard, reversing a site commission recommendation and following staff's objection. The motion to deny carried on a 4-1 vote.
Staff told the council the property is within the 30-foot front-yard setback and that state and local rules allow a larger unit only if the structure is moved behind that setback; because the ADU is inside the setback, staff said the only allowed exception is an 800-square-foot unit with 4-foot setbacks. "This front yard setback in that zoning district is 30 feet. The structure that currently exists does not meet that 30-foot requirement," the city attorney told the council, explaining why staff concluded the statutory findings for a variance could not be met.
The applicant argued the property's configuration and easements limited where a building could be sited and that expanding the existing garage/ADU in front was the least intrusive option. A nearby neighbor and attorney said the site and architectural commission inspected the lot and recommended approval of some components but added conditions, while other neighbors testified the addition would harm privacy and viewlines.
After public comment and questions about alternatives, the mayor moved to deny the variance "for the reasons given by staff and the city attorney." A council member seconded the motion. The council then approved the motion by roll call and the variance request was denied. The council urged the applicant to work with staff on possible redesigns that would comply with the setback rules or keep the ADU within the 800-square-foot exception.
Provenance: topicintro SEG 160, topfinish SEG 853.
