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HomeMy WebLinkAboutReso - CC - 018-2003RESOLUTION NO. 18-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME DENYING APPEAL OF PLANNING COMMISSION DECISION AND APPROVING PARKING VARIANCES AT 117 DWIGHT ROAD, BURLINGAME, CALIFORNIA WITH CONDITIONS ZONE R-1 PROPERTY OWNERS: MARTIN AND ALISON WESLEY APPELLANT: JANET JENNINGS APN 029-274-070 RESOLVED by the CITY COUNCIL of the CITY of BURLINGAME that: WHEREAS, this matter came before the City Council on February 3, 2003, on an appeal by Janet Jennings from a Planning Commission decision approving the parking variances sought for the property and was regularly noticed in accordance with State and City law; and WHEREAS, the Council received and considered all written documentation and oral testimony submitted from all interested persons; and WHEREAS, the property at 117 Dwight Road is of extremely unusual shape and size; and WHEREAS, the applicants are willing to provide covered parking for the property on an adjacent property to mitigate the lack of parking on their own property; and WHEREAS, the proposed mitigation appears to be the only alternative to removing the existing home from 117 Dwight Road and might provide a parking solution to both the properties at 117 Dwight and 119 Dwight; and WHEREAS, the owners of 117 Dwight Road have represented to and assured the City that they will not oppose an enlargement of the home at 119 Dwight Road; and WHEREAS, the variances are conditioned on the covered parking for 117 Dwight Road being provided on 119 Dwight Road, and if that is not possible, then the variance for covered parking will not become effective and the applicants may apply for a variance to provide no covered parking; and WHEREAS, the variances are further conditioned on the existing home at 117 Dwight and if that home is significantly changed, the variances will expire as described in the conditions, but the then -owners of the property may apply at that time for relief as they deem appropriate; and WHEREAS, the City Council also provided that full consideration should be given to not applying the amount of floor area contained in one-half of the proposed new two -car garage (approximately 210 square feet) to the property at 119 Dwight Road's calculated floor area ratio should the garage be built as proposed, and a notation to this effect should be placed in the address file of the City Planning Department for 119 Dwight Road; and WHEREAS, the City cannot involve itself in resolving the ongoing difficulties between the property owners at 117 Dwight and 119 Dwight, NOW, THEREFORE, it is hereby ordered and directed as follows: 1. The appeal from the decision of the Planning Commission on this application is denied. 2. The application for the subject variances is categorically exempt from CEQA pursuant to CEQA Guidelines section 15303(e), 15304, and 15305. 3. The variance for one off-site, covered parking space and no uncovered parking spaces at 117 Dwight Road is approved subject to the conditions attached to this resolution as Exhibit A hereto. 4. A certified copy of this resolution shall be recorded in the official records of the County of San Mateo as to 117 Dwight Road only. This decision is a final administrative decision of the City of Burlingame. Anyone wishing to challenge this decision in a court of competent jurisdiction must do so within 90 days pursuant to Code of Civil Procedure Section 1094.6 unless a shorter time is provided by State or Federal law. The approval granted by this permit must be used within one year of the approval by the Council or it may be subject to lapsing as provided in the Municipal Code. I, ANN T. MUSSO, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 3`d day of February, 2003, and adopted thereafter by the following vote: AYES: COUNCILMEMBER: BAYLOCK, COFFEY, GALLIGAN, JANNEY, O'MAHONY NOES: COUNCILMEMBER: NONE ABSENT: COUNCILMEMBER: NONE JCity Clerk 2 EXHIBIT A CONDITIONS OF APPROVAL PARKING VARIANCES 117 DWIGHT ROAD that the accessory structure to provide the one covered parking space for 117 Dwight Road shall be built on the property at 119 Dwight Road as shown on the plans submitted to the Planning Department date stamped November 25, 2002, sheet G-1, G-2, C-1 and Boundary Survey; 2. that the southern 50% of the detached garage shall be dedicated for one covered parking space for the property owner or tenant at 117 Dwight Road, and the northern 50% of the detached garage shall be dedicated for one covered parking space for the property owner or tenant at 119 Dwight Road; the property owners or tenants at 117 and 119 Dwight Road shall not block the access driveway to the covered parking; pursuant to the defined easements as shown on sheet C-1, date stamped November 25, 2002, and as recorded prior to the variance being effective; 3. that the accessory structure shall have an interior dimension of 20' x 20' and a maximum overall height of 15'-0" measured from adjacent grade to the roofridge, and a maximum plate height of 8'-1" measured from adjacent grade and shall be located no closer than six inches from the property as staked and determined by a licensed engineer prior to inspection of the framing for the foundation; 4. that the accessory structure shall never be used for accessory living or sleeping purposes and shall never include a kitchen, bathroom or laundry facilities, and the only utility serving the accessory structure shall be electricity; 5. that if the existing single family dwelling at 117 Dwight Road is ever demolished, remodeled, damaged or destroyed to the extent of 50% or more of its value, the variance allowing off-site covered parking on the adjacent property shall become void and access to covered and uncovered parking shall be provided on-site as required by the zoning code in effect at that time; 6. that the conditions of the City Arborist's July 26, 2001, memo and the Chief Building Official's November 18, 2002, memo shall be met by the property owner at 117 Dwight Road; that the project shall meet all the requirements of the California Building Code and California Fire Code, 2001 edition, as amended by the City of Burlingame. 8. that because the property owners at 117 Dwight Road provided the arborist's report they shall be responsible for meeting the requirements of the City Arborist's amended comments dated January 13, 2003, and compliance shall be inspected and confirmed before a final inspection is scheduled for the garage structure on 119 Dwight Road; and A-1 that a score line dividing the garage into two equal halves shall be drawn down the middle of the garage slab for the new garage and shall be in place at the time of the Building Division's inspection of the poured slab. A-2 Recording Requested by: DOC a 2003-105976 Ann T. Musso, City Clerk 04/22/2003 08:528 RI Fee'NC City of Burlingame Page i of 5 Recorded in Official Records 501 Primrose Road County of San Mateo Burlingame CA 94010 Warren Slocum e Assessor -County Clerk -Recorder Recorded By 1111111111111111111111! VIII I!III VIII ��� VIII ���� IIII When Recorded Mail to: Ann T. Musso, City Clerk City of Burlingame 501 Primrose Road Burlineame, CA 94010 THIS SPACE FOR RECORDER'S USE ONLY RECEIVED WY 2 2003 CITY CLERK'S OFFICE CITY OF BURLINGAME TITLE OF DOCUMENT: RESOLUTION APPROING VARAIANCES AT 117 DWIGHT ROAD BURLINGAME, CA WITH CONDITIONS ZONE R-1 PROPERTY OWNERS: MARTIN & ALISON WESLEY APN 029-274-070 RESOLUTION NO. 18-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME DENYING APPEAL OF PLANNING COMMISSION DECISION AND APPROVING PARKING VARIANCES AT 117 DWIGHT ROAD, BURLINGAME, CALIFORNIA WITH CONDITIONS ZONE R-1 PROPERTY OWNERS: MARTIN AND ALISON WESLEY APPELLANT: JANET JENNINGS APN 029-274-070 ' RESOLVED by the CITY COUNCIL of the CITY of BURLINGAME that: WHEREAS, this matter came before the City Council on February 3, 2003, on an appeal by Janet Jennings from a Planning Commission decision approving the parking variances sought for the property and was regularly noticed in accordance with State and City law; and WHEREAS, the Council received and considered all written documentation and oral testimony submitted from all interested persons; and WHEREAS, the property at 117 Dwight Road is of extremely unusual shape and size; and WHEREAS, the applicants are willing to provide covered parking for the property on an adjacent property to mitigate the lack of parking on their own property; and WHEREAS, the proposed mitigation appears to be the only alternative to removing the existing home from 117 Dwight Road and might provide a parking solution to both the properties at 117 Dwight and 119 Dwight; and WHEREAS, the owners of 117 Dwight Road have represented to and assured the City that they will not oppose an enlargement of the home at 119 Dwight Road; and WHEREAS, the variances are conditioned on the covered parking for 117 Dwight Road being provided on 119 Dwight Road, and if that is not possible, then the variance for covered parking will not become effective and the applicants may apply for a variance to provide no covered parking; and WHEREAS, the variances are further conditioned on the existing home at 117 Dwight and if that home is significantly changed, the variances will expire as described in the conditions, but the then -owners of the property may apply at that time for relief as they deem appropriate; and III I IIIIII IIIIIIIIII III II IIIIII VIIIIIII IIII 200 02 0of 5 852A WHEREAS, the City Council also provided that full consideration should be given to not applying the amount of floor area contained in one-half of the proposed new two -car garage (approximately 210 square feet) to the property at 119 Dwight Road's calculated floor area ratio should the garage be built as proposed, and a notation to this effect should be placed in the address file of the City Planning Department for 119 Dwight Road; and WHEREAS, the City cannot involve itself in resolving the ongoing difficulties between the property owners at 117 Dwight and 119 Dwight, NOW, THEREFORE, it is hereby ordered and directed as follows: 1. The appeal from the decision of the Planning Commission on this application is denied. 2. The application for the subject variances is categorically exempt from CEQA pursuant to CEQA Guidelines section 15303(e), 15304, and 15305. 3. The variance for one off-site, covered parking space and no uncovered parking spaces at 117 Dwight Road is approved subject to the conditions attached to this resolution as Exhibit A hereto. 4. A certified copy of this resolution shall be recorded in the official records of the County of San Mateo as to 117 Dwight Road only. This decision is a finall administrative decision of the City of Burlingame. Anyone wishing to challenge this decision in a court of competent jurisdiction must do so within 90 days pursuant to Code of Civil Procedure Section 1094.6 unless a shorter time is provided by State or Federal law. The approval granted by this permit must be used within one year of the approval by the Council or it may be subject to lapsing as provided in the Municipal Code. Mayor I, ANN T. MUSSO, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 3rd day of February, 2003, and adopted thereafter by the following vote: AYES: COUNCILMEMBER: BAYLOCK, COFFEY, GALLIGAN, JANNEY, O'MAHONY NOES: COUNCILMEMBER: NONE ABSENT: COUNCILMEMBER: NONE ,/City Clerk IIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 200 0 3 oe'05976 EXHIBIT A CONDITIONS OF APPROVAL PARKING VARIANCES 117 DWIGHT ROAD that the accessory structure to provide the one covered parking space for 117 Dwight Road shall be built on the property at 119 Dwight Road as shown on the plans submitted to the Planning Department date stamped November 25, 2002, sheet G-1, G-2, C-1 and Boundary Survey; 2. that the southern 50% of the detached garage shall be dedicated for one covered parking -space for the property owner or tenant at 117 Dwight Road, and the northern 50% of the .detached garage shall be dedicated for one covered parking space for the property owner or tenant at 119 Dwight Road; the property owners or tenants at 117 and 119 Dwight Road shall not block the access driveway to the covered parking; pursuant to the defined easements as shown on sheet C-1, date stamped November 25, 2002, and as recorded prior to the variance being effective; that the accessory structure shall have an interior dimension of 20'x 20' and a maximum overall height of 15'-0" measured from adjacent grade to the roof ridge, and a maximum plate height of 8'-1" measured from adjacent grade and shall be located no closer than six inches from the property as staked and determined by a licensed engineer prior to inspection of the framing for the foundation; 4. that the accessory structure shall never be used for accessory living or sleeping purposes and shall never include a kitchen, bathroom or laundry facilities, and the only utility serving the accessory structure shall be electricity; 5. that if the existing single family dwelling at 117 Dwight Road is ever demolished, remodeled, damaged or destroyed to the extent of 50% or more of its value, the variance allowing off-site covered parking on the adjacent property shall become void and access to covered and uncovered parking shall be provided on-site as required by the zoning code in effect at that time; 6. that the conditions of the City Arborist's July 26, 2001, memo and the Chief Building Official's November 18, 2002, memo shall be met by the property owner at 117 Dwight Road; that the project shall meet all the requirements of the California Building Code and California Fire Code, 2001 edition, as amended by the City of Burlingame. 8. that because the property owners at 117 Dwight Road provided the arborist's report they shall be responsible for meeting the requirements of the City Arborist's amended comments dated January 13, 2003, and compliance shall be inspected and confirmed before a final inspection is scheduled for the garage structure on 119 Dwight Road; and 111111111VIII II III II IIII IIII IIII II 2Page: 400 03 08:52A that a score line dividing the garage into two equal halves shall be drawn down the middle of the garage slab for the new garage and shall be in place at the time of the Building Division's inspection of the poured slab. IIIIIIIIIIIIIIIIIIIIIIIIVIII VIIIIIIIIIII VIIIIIII IIII © /02 0 0 5 oe 05976 A-2 Recording Requested by: Ann T. Musso, City Clerk City of Burlingame 501 Primrose Road Burlingame, CA 94010 When Recorded Mail to: Ann T. Musso, City Clerk City of Burlingame 501 Primrose Road Burlingame, CA 94010 76G -o3 Doc 4s 2003-067625 03/14/2003 11:528 R1 Fee:NC Recorded Page 1 of 5 ,n Offic Countial Records War ren San Mateo Recdedessor-Cou iocum or IIIIIIIIIIIIIIIIIIIIIIIntY Clerk -Recorder I�IIIIIIIIIIII�iIIIl�illll'VIII THIS SPACE FOR RECORDER'S USE ONLY a TITLE OF DOCUMENT: 16A.39,'410 Martin and Alison Wesley 117 Dwight Road Burlingame, CA 94010 APN #029-274-070 RESOLUTION NO. 18-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME DENYING APPEAL OF PLANNING COMMISSION DECISION AND APPROVING PARKING VARIANCES AT 117 DWIGHT ROAD, BURLINGAME, CALIFORNIA WITH CONDITIONS ZONE R-1 PROPERTY OWNERS: MARTIN AND ALISON WESLEY APPELLANT: JANET JENNINGS APN 029-274-070 RESOLVED by the CITY COUNCIL of the CITY of BURLINGAME that: WHEREAS, this matter came before the City Council on February 3, 2003, on an appeal by Janet Jennings from a Planning Commission decision approving the parking variances sought for the property and was regularly noticed in accordance with State and City law; and WHEREAS, the Council received and considered all written documentation and oral testimony submitted from all interested persons; and N WHEREAS, the property at 117 Dwight Road is of extremely unusual shape and size; and N WHEREAS, the applicants are willing to provide covered parking for the property on an 0N� adjacent property to mitigate the lack of parking on their own property; and I N WHEREAS, the proposed mitigation appears to be the only alternative to removing the 0� existing home from 117 Dwight Road and might provide a parking solution to both the properties Nap at 117 Dwight and 119 Dwight; and WHEREAS, the owners of 117 Dwight Road have represented to and assured the City that —_ they will not oppose an enlargement of the home at 119 Dwight Road; and WHEREAS, the variances are conditioned on the covered parking for 117 Dwight Road being provided on 119 Dwight Road, and if that is not possible, then the variance for covered _ parking will not become effective and the applicants may apply for a variance to provide no covered parking; and —_ WHEREAS, the variances are further conditioned on the existing home at 117 Dwight and if that home is significantly changed, the variances will expire as described in the conditions, but the then -owners of the property may apply at that time for relief as they deem appropriate; and WHEREAS, the City Council also provided that full consideration should be given to not applying the amount of floor area contained in one-half of the proposed new two -car garage (approximately 210 square feet) to the property at 119 Dwight Road's calculated floor area ratio should the garage be built as proposed, and a notation to this effect should be placed in the address file of the City Planning Department for 119 Dwight Road; and WHEREAS, the City cannot involve itself in resolving the ongoing difficulties between the property owners at 117 Dwight and. 119 Dwight, NOW, THEREFORE, it is hereby ordered and directed as follows: 1. The appeal from the decision of the Planning Commission on this application is denied. 2. The application for the subject variances is categorically exempt from CEQA pursuant to CEQA Guidelines section 15303(e), 15304, and 15305. 3. The variance for one off-site, covered parking space and no uncovered parking spaces at 117 Dwight Road is approved subject to the conditions attached to this resolution as Exhibit A hereto. 4. A certified copy of this resolution shall be recorded in the official records of the County of San Mateo as to 117 Dwight Road only. N 0 This decision is a final administrative decision of the City of Burlingame. Anyone wishing toN to challenge this decision in a court of competent jurisdiction must do so within 90 days pursuant I to Code of Civil Procedure Section 1094.6 unless a shorter time is provided by State or Federal law. m Mo _. VW The approval granted by this permit must be used within one year of the approval by the N2& Council or it may be subject to lapsing as provided in the Municipal Code. r� Mayor I, ANN T. WSSO, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 3' day of Februarv, 2003, and adopted thereafter y t e fib lowing vote: I herpglFSeer 1} HVWAOFFEY, GALLIGAN, JANNEY, O'MAHONY and ggGFgot LSE purpWrt�.I._h`�C0C'YMBER: NONE h is on file in :_r o ice. Dated:��� fC2'Z2 JCity Clerk 2 City CI rk City of Burlrngame EXHIBIT A CONDITIONS OF APPROVAL PARKING VARIANCES 117 DWIGHT ROAD that the accessory structure to provide the one covered parking space for 117 Dwight Road shall be built on the property at 119 Dwight Road as shown on the plans submitted to the Planning Department date stamped November 25, 2002, sheet G-1, G-2, C-1 and Boundary Survey; 2. that the southern 50% of the detached garage shall be dedicated for one covered parking space for the property owner or tenant at 117 Dwight Road, and the northern 50% of the detached garage shall be dedicated for one covered parking space for the property owner or tenant at 119 Dwight Road; the property owners or tenants at 117 and 119 Dwight Road shall not block the access driveway to the covered parking; pursuant to the defined easements as shown on sheet C-1, date stamped November 25, 2002, and as recorded prior to the variance being effective; that the accessory structure shall have an interior dimension of 20' x 20' and a maximum overall height of 15'-0" measured from adjacent grade to the roof ridge, and a maximum plate height of 8'-1" measured from adjacent grade and shall be located no closer than six inches from the property as staked and determined by a licensed engineer prior to inspection of the framing for the foundation; 4. that the accessory structure shall never be used for accessory living or sleeping purposes and shall never include a kitchen, bathroom or laundry facilities, and the only utility serving the accessory structure shall be electricity; 5. that if the existing single family dwelling at 117 Dwight Road is ever demolished, remodeled, damaged or destroyed to the extent of 50% or more of its value, the variance allowing off-site covered parking on the adjacent properly shall become void and access to covered and uncovered parking shall be provided on-site as required by the zoning code in effect at that time; 6. that the conditions of the City Arborist's July 26, 2001, memo and the Chief Building Official's November 18, 2002, memo shall be met by the property owner at 117 Dwight Road; that the project shall meet all the requirements of the California Building Code and California Fire Code, 2001 edition, as amended by the City of Burlingame. 8. that because the property owners at 117 Dwight Road provided the arborist's report they shall be responsible for meeting the requirements of the City Arborist's amended comments dated January 13, 2003, and compliance shall be inspected and confirmed before a final inspection is scheduled for the garage structure on 119 Dwight Road; and ISI N N N hQ N NN m0 Imo Mo 0�m m M&� arc 9. that a score line dividing the garage into two equal halves shall be drawn down the middle of the garage slab for the new garage and shall be in place at the time of the Building Division's inspection of the poured slab. 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