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HomeMy WebLinkAboutReso - CC - 025-2017RESOLUTION NO. 25-2017 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, GRANTING THE APPEAL OF BRANDY AND PETER YAREMA AND OVERTURNING THE PLANNING COMMISSION'S FEBRUARY 13, 2017 DENIAL OF APPLICATIONS FOR DESIGN REVIEW AND A SPECIAL PERMIT FOR CONSTRUCTION OF A NEW, TWO-STORY SINGLE-FAMILY RESIDENCE WITH AN ATTACHED GARAGE AT 746 LINDEN AVENUE RESOLVED, BY THE CITY COUNCIL OF THE CITY OF BURLINGAME THAT: WHEREAS, on October 13, 2016, Natalie Hyland, on behalf of property owners Peter and Brandy Yarema, filed an application for Design Review and a Special Permit to construct a new single-family residence with attached garage at 746 Linden Avenue; and WHEREAS, the Planning Commission considered the request at public hearings held on January 9, 2017 and February 13, 2017; and WHEREAS, following conclusion of the public hearing on February 2017, by a tied vote of 3-3- 1 (Commissioner Terrones absent), the Planning Commission denied the applications for Design Review and a Special Permit; and WHEREAS, the property owners (Yaremas) filed a timely appeal of the Planning Commission's February 13, 2017 denial of their requests; and WHEREAS, the City Council conducted a public hearing to review and consider the application at its regular meeting of March 20, 2017 and, following conclusion of the hearing, moved to overturn the Planning Commission's February 13, 2017 denial of the applications for Design Review and a Special Permit, and approved the requests; and WHEREAS, following the March 20, 2017 City Council public hearing, it was found that notice of the appeal hearing was not mailed to all owners of property lying within 300 -feet of the subject property (746 Linden Avenue) ten days in advance of the public hearing, as is the normal procedure. In light of this oversight, on March 24, 2017 the Community Development Director mailed a Notice of City Council's March 20th action regarding the appeal to all owners of property lying within 300 -feet of 746 Linden Avenue, providing any party ten calendar days (until April 3, 2017) to challenge the City Council's March 201h decision on the appeal. Prior to the April 3" deadline, the resident at 748 Linden Avenue (Susanne McLaughlin) requested that a properly noticed appeal hearing be scheduled before the City Council; and WHEREAS, notice of the new public hearing on the appeal of the Planning Commission's February 13, 2017 decision regarding the project at 746 Linden Avenue, scheduled for the City Council's April 17, 2017 Regular Meeting Agenda, was mailed to all owners of property lying within 300 -feet of the 746 Linden Avenue on April 7, 2017; and WHEREAS, a duly noticed hearing on the appeal was conducted by the City Council on April 17, 2017. Following conclusion of the public hearing, and considering all oral and written testimony, 1 RESOLUTION NO. 25-2017 as well as the information contained in the staff report regarding this matter, the City Council moved to grant the appeal of Peter and Brandy Yarema, to overturn the Planning Commission's February 13, 2017 denial of applications for Design Review and a Special Permit for construction of a new single- family residence at 746 Linden Avenue, and to approved said requests. NOW, THEREFORE, IT IS RESOLVED AND DETERMINED BY THE CITY COUNCIL THAT: Section 1. The City Council hereby overturns the Planning Commission's denial of the applications and hereby approves the applications Design Review and a Special Permit, based upon the following findings: a) That the architectural style, mass and bulk of the structure, featuring stucco siding, articulated first and second floor walls, proportional plate heights, aluminum clad wood windows, wood trim, composition shingle roofing, and sloping roofs with gable ends is compatible with the existing character of the neighborhood; that the windows and architectural elements of the proposed structure are placed so that the structure respects the interface with the structures on adjacent properties; and that the proposed landscape plan incorporates plants, hedges, and trees at locations to provide privacy and compatible with the existing neighborhood, the project may be found to be compatible with the requirements of the City's five design review criteria. b) That the proposed single -car garage complies with the off-street parking requirement for the project, side setback requirements, and exceeds the required front setback at 27'-11" where 25'-0" is required by code. C) That the 22'-5" distance between the exterior wall of the proposed garage and the exterior wall of the neighboring structure at 748 Linden Avenue provides an adequate buffer between the two houses that respects the existing patterns of space within the neighborhood. d) That the wood traditional style door is integrated into the architecture of the house by way of a sloping roof and that the wood trellis above the door expands the architectural relief of the connecting covered porch with wood columns, providing a well -articulated front fagade that complements the existing character of the neighborhood. e) That the removal of trees located within the footprint of the new structure have been transplanted and incorporated into the landscape plan of the proposed project and is consistent with the City's reforestation requirements. Section 2. The City Council hereby approves the applications for Design Review and a Special Permit for the construction of a new single-family dwelling with an attached garage at 746 Linden Avenue, subject to the following conditions: 1. that the project shall be built as shown on the plans submitted to the Planning Division date stamped December 27, 2016, sheets L-1 through L-5, A2.0, and date stamped January 18, E RESOLUTION NO. 25-2017 2017 sheetsA1 .0 and A3.0 sheets, with the exception that the roof of the residence shall be redesigned to an 8:12 pitch with a maximum overall structure height of 30 -feet; 2. that any changes to building materials, exterior finishes, windows, architectural features, roof height or pitch, and amount or type of hardscape materials shall be subject to Planning Division or Planning Commission review (FYI or amendment to be determined by Planning staff); 3. that any changes to the size or envelope of the first or second floors, or garage, which would include adding or enlarging a dormer(s), shall require an amendment to this permit; 4. that the conditions of the Building Division's October 17, 2016 and December 13, 2016 memos, the Engineering Division's October 19, 2016 and December 13, 2016 memos, the Fire Division's October 21, 2016 memo, the Parks Division's November 22, 2016 and December 16, 2016 memos, and the Stormwater Division's October 19, 2016 memo shall be met; 5. that any recycling containers, debris boxes or dumpsters for the construction project shall be placed upon the private property, if feasible, as determined by the Community Development Director; 6. that demolition or removal of the existing structures and any grading or earth moving on the site shall not occur until a building permit has been issued and such site work shall be required to comply with all the regulations of the Bay Area Air Quality Management District; 7. that prior to issuance of a building permit for construction of the project, the project construction plans shall be modified to include a cover sheet listing all conditions of approval adopted by the Planning Commission, or City Council on appeal; which shall remain a part of all sets of approved plans throughout the construction process. Compliance with all conditions of approval is required; the conditions of approval shall not be modified or changed without the approval of the Planning Commission, or City Council on appeal; 8. that all air ducts, plumbing vents, and flues shall be combined, where possible, to a single termination and installed on the portions of the roof not visible from the street; and that these venting details shall be included and approved in the construction plans before a Building permit is issued; 9. that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which requires affected demolition, new construction and alteration projects to submit a Waste Reduction plan and meet recycling requirements; any partial or full demolition of a structure, interior or exterior, shall require a demolition permit; 10. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2013 Edition, as amended by the City of Burlingame; 3 RESOLUTION NO. 25-2017 THE FOLLOWING CONDITIONS SHALL BE MET DURING THE BUILDING INSPECTION PROCESS PRIOR TO THE INSPECTIONS NOTED IN EACH CONDITION: 11. that prior to scheduling the framing inspection the applicant shall provide a certification by the project architect or residential designer, or another architect or residential design professional, that demonstrates that the project falls at or below the maximum approved floor area ratio for the property; 12. that prior to scheduling the framing inspection the project architect or residential designer, or another architect or residential design professional, shall provide an architectural certification that the architectural details shown in the approved design which should be evident at framing, such as window locations and bays, are built as shown on the approved plans; architectural certification documenting framing compliance with approved design shall be submitted to the Building Division before the final framing inspection shall be scheduled; 13. that prior to scheduling the roof deck inspection, a licensed surveyor shall shoot the height of the roof ridge and provide certification of that height to the Building Division; and 14. that prior to final inspection, Planning Division staff will inspect and note compliance of the architectural details (trim materials, window type, etc.) to verify that the project has been built according to the approved Planning and Building plans. I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council held on the 17th day of April, 2017 by the following vote: AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, , ORTIZ NOES: COUNCILMEMBERS: K&I ej"IRArI ABSENT: COUNCILMEMBERS: NONE Al Meaghan Hassel -Shearer, City Clerk C!