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HomeMy WebLinkAboutOrd 0868ORDINANCE NC, 868 AN ORDINANCE ADDING CHAPTER 25035 TO TITLE 259 ZONING, OF THE MUNICIPAL CODE OF THE CITY OF BURLINGAME CREATING A VARIABLE HEIGHT DISTRICT AND REGDLATING THE HEIGHT OF APARTMENT BUILD- INGS WITHIN SAID DISTRICT. The City Council of the City of Burlingame does ordain as follows Section le Chapter 25.35 is hereby added to Title 259 Zoning, of the Municipal Code of the City of Burlingame and shall read and provide as follows: "CHAPTER 25035 VARIABLE HEIGHT DISTRICT REGULATIONS 25 35,010 Purposes of district. In all ureas heretofore or hereafter classified Ra3 or R-4 and which are also contained within the areas designated "Variable Height" which are shown on the "Variable Height" map which is part of this section, or as such map may be amended from time to +tir'e, apartment buildings may be constructed which exceed the height regulations of the respective district in accordance with the regulations which follow. For any apartment building which is built with a greater number of stories then would be permitted in the district of which it is a part, the height of the structure shall be limited only by the requk.tem-encs for open space on the sides and rear of the building and by the further requirement that these regulations shall apply only to the construction of apartment buildings on lots or parcels of land containing no less than 15,000 square feet of area, 25,35,020 Minimum lot size. the min:lr�mm lot area of 15,000 square fee;: is 'raq.Uilad for vff bui"ldin . exceeding the applicable height limitation of the dis- trict. ror the purposes of this chapter, a lot of sufficient size may be --reated by combining all or portions of previously recorded Lots,, In this event, a resubdivision map shall be submitted in accordance with the requirements of Chapter 26,24 "Subdivision of Less ` ivkre Five Lots," -1- 25.. '5030 garage construction requirements. The garage (noxa-habitable) story of the building shall conform to they side and rear yard requirements of sect. 25.6 .050 of this code and, when extended beyond the building line of the principal build- ing, may not exceed one story in height above the established grade of the street on which it fronts. Any additional story above the first story used for garage purposes shall conform to the building setback requirements of the habitable portion of the building. 25.35.040 Building setback requirements. The habitable portion of the building shall have a minimum side setback of tare feet for the first story plus one foot for each addi- tional story up to four stogies plus two feet for each additional story above the fourth story. These distances are cumulative. The habitable portion of the building shall have a rear setback of twenty feet plus two feet for each story above the fourth story. The habitable portion of the building is defined as including any and all stories used by and for people for living, eating or re- creation purposes and includes penthouses used for these purposes. All side and rear setbacks shall be clear from ground to sky or, if the garage portion extends beyond the walls of the habitable portion of the building, from the roof of the garage to the sky except that open balconies or fire escapes may be extended no more than four feet from the wall of the habitable portion where such walls are at least four feet greater in distance from the property line than the garage portion. 25.35.050 maintenance of open space. All open area on sides and rear of the habitable portion of the building which is created by the difference of building and garage setbacAs shall be improved and maintained as usable open space for On lots or par€i',:ts 02 C-fh!.•: it are not :,rectangular in shape and where the strict application of the measured side and recur yard requirements would be impossible or impractical, the ?Manning Comoission may grant a special permit to vary the setback require- -a- ments, N,.o such pest may be approved which vmuld increase the ® ra a icy the habitable po eion oil the structaa �a in eEcess Of tF,jat permitted by the application of the regulations or uahich, in the opinion os the Plaining C`omal-dssiou, would cm -ata a hardship -D adjo-S.-Swing propertiesd a3 Session 2 - SSVSPUMLITY: If any section, subeection, sentence, cause, phrase Or portion o' this ordinance is fat any reasons held in -valid or uncon- stitutional by any Court of competent jurdadiction, such portion shall be (rj,3emed a separate, di -stint and lndspend3nt prossisio-m, =d such hold?€ shall not affect the validity of the remaining Por-. tiona vxle'-faof d 07,00ttoan3a AJ- 1 pr,--4visions of this coda in he.-va- �Ath are hareby repealed. section 4- e its ordinance shall be published ra- quired by Ime. 'i, IMMEErs %o FBM E, City .Clerk, do hG-T-,1')Y =�rtiEy t�hat the foregoing Ordinanca eq introduced at a regular M-etiug of t?,,ee a;ij:y {ou:a,l hey„dae the]Sta dimer �a mer, �,��d, and adopted thwraagter at a regular eteing of the City Council bald on the 20th day of �..z_=.November _ _®- i9r 7 �a �3Y the %,"CF ll v ing-;i?otes : Crosby-Diederichsen-George-.Tohnson-Martin. None Absent Councilman-. None C tie cle -3-