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Home My WebLink AboutReso - CC - 019-1978that: RESOLUTION NO. 19 - 78 RESOLUTION APPROVING VARIANCES YVONNE T. GENER, 1457-59 EL CAMINO REAL, BURLINGAME RESOLVED by the CITY COUNCIL of the City of Burlingame, California, WHEREAS, pursuant to the provisions of the Ordinance Code of the City of Burlingame, variances to allow the improvement of a separate residen- tial building which is a rear dwelling unit within three feet of back and side property lines, were applied for by YVONNE T. GENER for that property located at 1457-59 E1 Camino Real, in Burlingame (Assessor's Parcel No. 026-013-050); and WHEREAS, after due notice and hearing the application for said variances was denied by the Planning Commission on February 27, 1978, as more fully set forth in the minutes of the meeting of that date; and WHEREAS, pursuant to the provisions of said Code the decision denying said variances was appealed by the property owner, and a hearing held thereon on March 20, 1978; NOW, THEREFORE, it is ORDERED, DETERMINED and FOUND by the City Council of the City of Burlingame: property: 1. That the following findings of fact are made regarding said (a) The appeal before this Council of Nicholas Gener on behalf of Yvonne T. Gener is for the conversion of two existing garages to living quarters and the construction of covered parking for three automobiles between the two existing structures upon said property. (b) The denial of the application for the variances herein could result in the property remaining in its current condition of having only three covered parking spaces and unrestricted parking 3/21/78 -1 i L- in the front of the property, without an improved sidewalk. (c) The granting of said variances will provide uses of the property more in conformance with City codes than that currently existing. 2. It is therefore found that there are exceptional circumstances applicable to the property, so that denial of the application would result in undue property loss; the variances are necessary for the preservation and enjoyment of a property right of the owner; the granting of the variances will be beneficial to the public health, safety and welfare; and the grant- ing of the variances will not adversely affect the comprehensive zoning plan of the City. 3. The decision of the Planning Commission is hereby reversed, and the variances to convert the two southerly garages in the rear unit for dwelling purposes are hereby granted subject to the following conditions: (a) The property owner shall provide a twelve -foot by thirty- foot paved parking area in the front yard behind the required twenty - foot setback from E1 Camino Real. (b) The property owner shall construct a six-inch curb along the driveway between E1 Camino Real and said paved parking area. (c) The property owner shall grant a ten -foot wide pedestrian easement to the City. (d) The property owner shall reimburse the City for the con- struction cost of a curb, gutter and sidewalk across the width of the prover over said pedestrian easement. (e) The property owner shall landscape between said sidewalk and the front of the existing building. (f) The existing garage next to the northerly property line shall be retained as such. (g) The property owner shall obtain a building permit and construct improvements, including three covered parking spaces, to conform with the Building Code and the plans submitted to this Council. -2- (h) Only the three dwelling units existing upon said property as modified pursuant to this resolution shall be allowed. 4. The City Clerk shall cause a copy of this resolution to be recorded with the County Recorder of the County of San Mateo. I, EVELYN H. HILL, 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 April, 1978, and was adopted thereafter by the following vote: AYES: COUNCILMEN: Crosby-Mangini-Martin NOES: COUNCILMEN: Amstrup-Barton ABSENT: COUNCILMEN: None tAty Clerk -3- CIX—e _: . E. C: c .m \1 c .. a• w s. K � c: O m c m 1� � < m a m as rq IN m O 43 O D U U p� W 4 0 O sa m o 4 m � y O K p RESOLUTION NO. 19 - 78 RESOLUTION APPROVING VARIANCES YVONNE T._GENER, 1457-59 EL CAMINO REAL BURLINGAME RESOLVED by the CITY COUNCIL of the City of Burlingame, California, t: WNLREAS, pursuant to the provisions of the Ordinance Code of the City of Burlingame, variances to allow the improvement of a separate residen- tial building which is a rear dwelling unit within three feet of back and side property lines, were applied for by YVONNE T. GENER for that property located at 1457-59 E1 Camino Real, in Burlingame (Assessor's Parcel No. 026-013-050); and WHEREAS, after due notice and hearing the application for said variances was denied by the Planning Commission on February 27, 1978, as more fully set forth in the minutes of the meeting of that date; and WHEREAS, pursuant to the provisions of said Code the decision denying said variances was appealed by the property owner, and a hearing held thereon on March 20, 1978; r) NOW, THEREFORE, it is ORDERED, DETERMINED and FOUND by the City Council of the City of Burlingame: 1. That the following findings of fact are made regarding said property: (a) The appeal before this Council of Nicholas Gener on behalf of Yvonne T. Gener is for the conversion of two existing garages to living quarters and the construction of covered parking for three automobiles between the two existing structures upon said property. (b) The denial of the application for the variances herein could result in the property remaining in its current condition of having only three covered parking spaces and unrestricted parking REEL 7737 F75 P- �a- 3/21/78 in the front of the property, without an improved sidewalk. (c) The granting of said variances will provide uses of the property more in conformance with City codes than that currently existing. 2. It is therefore found that -there are exceptional circumstances applicable to the property, so that denial of the application would result in undue property loss; the variances are necessary for the preservation and enjoyment of a property right of the owner; the granting of the variances will be beneficial to the public health, safety and welfare; and the grant- ing of the variances will not adversely affect the comprehensive zoning plan of the City. 3. The decision of the Planning Commission is hereby reversed, and the variances to convert the two southerly garages in the rear unit for dwelling purposes are hereby granted subject to the following conditions: (a) The property owner shall provide a twelve -foot by thirty- foot paved parking area in the front yard behind the required twenty - foot setback from El Camino Real. (b) The property owner shall construct a six-inch curb along the driveway between E1 Camino Real and said paved parking area. (c) The property owner shall grant a ten -foot wide pedestrian easement to the City. '(d) The property owner shall reimburse the City for the con- struction cost of a curb, gutter and sidewalk across the width of the prover over said pedestrian easement. (e) The property owner shall landscape between said sidewalk and the front of the existing building. (f) The existing garage next to the northerly property line shall be retained as such. (g) The property owner shall obtain a building permit and construct improvements, including three covered parking spaces, to conform with the Building Code and the plans submitted to this Council. REEL 7737 DAnF 1676 -2- I (h) Only the three dwelling units existing upon said property as modified pursuant to this resolution shall be allowed. 4. The City Clerk shall cause a copy of this resolution to be recorded with the County Recorder of the County of San Mateo. May I, EVELYN H. HILL, 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 April, 1978, and was adopted thereafter by the following vote: AYES: COUNCILMEN: Crosby-Mangini-Martin NOES: COUNCILMEN: Amstrup-Barton ABSENT: COUNCILMEN: None REEL 7131 FASE1675 RECOROEO AT REQUEST Of AFft 25 3 20 P�{ 1918 MARS44 MATEO COUNaqER OFF!CI! 1- RECORDS City Clerk I -3- P'�El7797 ^ I677