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HomeMy WebLinkAboutReso - CC - 041-1952RESOLUTION NO. 41-52 APPROVING THE APPLICATION OF RICHARD R. HANNA, EDWARD R. MARTIN, A. R. MacKENZIE, EDNA M. MacKENIZIE, FLORENCE G. CAVANAUGH, JOSEPHINE AUGA AND SAFEWAY STORES, INC. FOR A VARIANCE IN PROPERTY USE IN AND TO CERTAIN PROPERTY LOCATED IN BLOCK ONE AS DESIGNATED UPON THE MAP ENTITLED "SUPPLLMEN`I`ARY MAP TO MAP NO. 1 TOWN OF BURLINGAME" FILED IN TIC OFFICE OF TH. RECORDER OF THE COUNTY OF SAN MI ATEO, STATE OF CALIFORNIA ON AUGUST 10, 1905 IN BOOK "B" OF MAPS AT PAGE 28 AND A COPY ENTE thD IN BOOK 3 OF Y,t PS AG PAGE 71, and PARTICULARLY AS TO LOTS 10B, 10C AND PORTIONS OF LOT 7A AND 7B AND ALL OF LOT 11. WHEREAS, Richard R. Hanna, Edward R. Martin, A. R. MacKenzie, Edna M. M[acKenzie, Florence G. Cavanaugh, Josephine Auga and Safeway Stores, Inc., on June 11, 1952, filed in the office of the City �_;lerk of the City of Burlingame a petition praying for a variance in the land use of a portion of Block 1 as designated upon the map entitled "Supplementary iv'iap to ivap No. 1 Town of Burlingame", which map was filed in the office of the Recorder of the County of San Mateo, State of California on August 10, 1905 in Book "B" of Taps at page 28 and a copy entered in Book 3 of Maps at Page 71, from apartment to commercial use; and WHEREAS, the City Clerk, pursuant to law, set the said application for hearing before the Planning Commission of the amity of Burlingame, for June 26, 1952 and gave notice thereof as required by law as more fully appears upon the affidavits of ,Dublieation and mailing on file herein; and WHEREAS, the Planning Commission of the City of Burlingame, s June 26, 1952, after a hearing duly and regularly had in said matter and after consideration and submission the said Planning Commission by a majority vote of four to two recommended the granting of the application as requested and sent a coryuriaaa- ion and that recommendation to the City Council; and WHEREAS, the City Council on the 7th day of July, 1952, at a regular meeting of said Council and pursuant to the provisions of law fixed July 21, 1952 as the time and the Council Chambers of the City Council of the City of Burlingame as the place for the hearing on said application and the recommendation thereto of the Planning Commission of the City; and the said application coming on regularly for hearing before the City Council on July 21, 1952, the applicants being present and at the hearings thereon there were no objections to the said granting of said application thereupon had, and after submission and consideration the City Council decided and determined to grant the application but in a modified form as hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED AND IT IS HEREBY ORDERED that the application of Richard R. Hanna, Edward R. Martin, A. R. MacKenzie, Edna M. MacKenzie, Florence G. Cavanaugh, Josephine Auga and Safeway Stores, Inc., for a variance in the land use of the land described in the application be approved upon the following terms and conditions: 1. That whenever the use of the land as herein granted be abandoned the said property shall revert to and be a part of the apartment zone of the City. 2. That there shall be maintained a strip of land five feet in width running along the southerly boundary of said block one as herein referred to from Howard Avenue to the easterly line of Lot A in said block as per said map; the southerly three feet of said five foot strip must be used for tree or shrub planting for the purpose of affording a screen to the commercial use of the property immediately to the north of said strip and the northerly two feet of said strip may be used for a guard for parking automobiles. That the applicant shall file in the County Recorder's office a satisfactory declaration dedicating said five foot said strip to the use and purpose herein set forth. 3. That there shall be dedicated and established a pedestrian way six feet in width to be located ninety-four feet seven inches northeastly from the intersection of the northweste line of Howard Avenue with the northerly line of the L1 Camino Real, said pedestrian way shall extend in a northwesterly direc- tion along the existing building now occupied by hash Motors one hundred forty three feet and then continuing at a right angle southwesterly along the proposed building of the Safeway Stores, Inc. 4. That there shall be established and maintained an in - gross and egress for vehicular traffic, an entrance on Howard Avenue, which shall be thirty feet in width, the westerly terminus of said entrance shall be fifty five feet, plus or minus, from the intersection of the northwesterly line of Howard Avenue with the northerly line of the E1 Camino Heal. 5. That the proposed parking area as appears upon the plat attached hereto and made a part hereof shall be integrated with the public parking area now established and maintained by the City of Burlingame, immediately adjacent to the area proposed to be used by the Safeway Stores Inc; that no barrier be established between the private parking of the Safeway Stores Inc. and the public parking lot of the City of Burlingame so that both areas may be used interchangeably for the benefit of the patrons of the Safeway Stores and the citizens of the City of Burlingame; provided, however, that a line of demarcation may be painted upon the pavement separating the owners of the two parcels of land; and provided further, that the Safeway Stores Inc, shall be entirely responsible for the care, maintainence and policing of all vehicular parking on the area surrounding the proposed store. 6. That a grant be made to the City of Burlingame of a triangular area of land which shall be described as follows; Being a somevfnat triangular shaped parcel of land situated in. the City of Burlingame, County of San 11ateo, State 01' California and being more particularly described as fol- 10ZNS : Beginning for description purposes at the intersection of the southwesterly line of Primrose Road with the northvies t-- erly lire of a 20 foot alley, as shown on Supplementary 11ap to Tap No. 1 of the Tovm of BurlinEame, -recorded on Page 71 of Volume 3, ,August loth, 1950, at 11:00 a,ri1. in the records of San Mateo County. Thence South 480 3011 VVI, aloe--; the northwesterly line of said alley 200 feet more or less to the point of beginning of land to be described, said point being the southerly corner of Lot 6, Bloch 1, of the Totem of Burlingame, thence South 10 26 t E. 25,61 ft, along the westerly line of the 20 ft, strip of land that separates Lots 10 and 11 in said Block 1, said strip running in a general North South direction and contain- ing a box culvert for-Llrlingame Creel., to the southerly line of the presently existing alley, thence on the are of a curve concave to the North Vilest; having a radius of 310 ft. an arc distance of 16.53 ft. with a chord distance of 16.50 ft. (bearing South 500 01, 35tt E, to a point on the southwesterly prolongation of the southeasterly line of 20 ft. alley, thence North 480 30t E. tangent to last cescribed cLrve 9.29 ft. more Ior less to the most r_ortht.resterly corner of Lot 40 Block 1 ( aforesaid, thence North 660 30 t 33E1 W o 27. 07 ft, more or less Ito point of beginning,, 7. That Safeway Stores Inc. shall be granted the variance in the land use in the property now zoned for apartments in order to complete the proposed building and whenever such use shall be abandoned that area shall revert to apartment.zone. S. That all of the requirements and conditions hereinabove set forth shall be submitted to and approved by the City Engineer of the City of Burlingame. 9. The breach of any condition hereinabove set forth shall cause for a revocation of a grant of variance herein. Andrew C. Byrd H. Kent Atwater U. S. Simon s, Jr. I. Herbert K. Wbite, City Clerk of the City of Burlingame hereby certify that the foregoing Resolution was introduced at regular meeting of the City Council held on the 21st day of , 1952, and adopted unanimously by roll call of members. Herbert K. White City Clerk