HomeMy WebLinkAboutReso - CC - 109-2014RESOLUTION NO. 109-2014
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME MODIFYING
THE PLANNING COMMISSION'S OCTOBER 27, 2014 APPROVAL OF
AMENDMENTS TO A DESIGN REVIEW PERMIT FOR A SINGLE-FAMILY
RESIDENCE LOCATED AT 1521 CABRILLO AVENUE, SITUATED WITHIN A
SINGLE-FAMILY (R-1) ZONE
RESOLVED, BY THE CITY COUNCIL OF THE CITY OF BURLINGAME THAT:
WHEREAS, an application for Design Review, Special Permit for an attached garage and
Parking Variance for construction of a new, two-story single family dwelling at 1521 Cabrillo Avenue
was approved by the Planning Commission on August 26, 2013;
WHEREAS, a building permit for construction of the new dwelling was issued on January 7,
2014 and construction is currently underway;
WHEREAS, at its meeting of October 27, 2014 the Planning Commission approved in part the
applicant's request for amendment of the Design Review Permit for the project as outlined in his
correspondence dated October 22, 2014;
WHEREAS, on November 5, 2014 Linda Ryan, an adjacent resident living at 1532 Drake
Avenue filed a timely appeal of the Planning Commission's October 27, 2014 decision; and
WHEREAS, the City Council conducted a public hearing to consider the appeal of the
Planning Commission's partial approval of an amendment to the Design Review Permit for the project
at its regular meeting of December 1, 2014.
NOW, THEREFORE, IT IS RESOLVED AND DETERMINED BY THE CITY COUNCIL THAT:
Section 1. The City Council hereby modifies the terms of the Planning Commission's October
27, 2014 approval of amendments to the Design Review Permit for the single-family dwelling at 1521
Cabrillo Avenue, based upon the following findings:
a) Some elements of the appellant's appeal citing privacy impacts of specified windows on the
left elevation of the single-family dwelling under construction at 1521 Cabrillo Avenue are
supported due to the atypical relationship between the appellant's property and the applicant's
property: the rear yard of the appellant's property at 1532 Drake Avenue faces the side yard of
the property at 1521 Cabrillo Avenue. In this configuration, the 7 -foot, 8 -inch side -yard setback
from the property line results in the potential loss of privacy to the rear yard of the appellant's
property.
b) Given the urban nature of development within the City of Burlingame, and specifically within
the neighborhood in which the appellant's and the applicant's properties are situated, there
should be no expectation of absolute privacy between properties given the prevailing lot sizes
and development standards for the neighborhood.
RESOLUTION NO. 105-2014
C) The appellant's concerns regarding privacy impacts from non -obscured windows in the
second floor closet and bathroom at 1521 Cabrillo Avenue may have merit; however concerns
regarding potential privacy impacts from the second floor bedroom window and the stairwell
window on the left elevation are not supported.
d) The applicant installed a window in the second floor bedroom on the left elevation that is
larger than that approved by the Planning Commission in its original design review process;
installation of this larger window is contrary to the privacy concerns expressed by the
appellant who lives at 1532 Drake Avenue.
Section 2. The City Council hereby modifies the Planning Commission's October 27, 2014
approval of amendments to the Design Review Permit for 1521 Cabrillo Avenue as follows:
a) The Planning Commission's approval of a change of the round window to a square window on
the front elevation at "Bath 2" is affirmed.
b) On the left elevation, the triple -width window shown at the second floor bedroom shall be
replaced with a double -width window as approved by the Planning Commission. The
applicant shall not be required to obscure any portion of the glass in this window installation.
C) On the left elevation, the applicant shall not be required to install obscured glass within the
window at the stairwell leading from the first to the second floor.
d) On the left elevation, the windows at the second floor bathroom and closet shall be obscured
with glass where the means of obscuring is a permanent feature of the glazing in the window
installation. Use of film or other application to clear glass at these locations shall not be an
acceptable means of obscuring the glass.
M y r
I, Mary Ellen Kearney, 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 15`h day of December,
2014 by the following vote:
AYES: COUNCILMEMBERS: BROWNRIGG, KEIGHRAN, NAGEL, ORTIZ, ROOT
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS:NONE
City Clerk