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HomeMy WebLinkAboutMin - PC - 1956.11.26COMMISSIONERS PRESENT Diederichsen Finger Henderson Kindig Martin Norberg Stivers CITY OF BURLINGAME PLANNING COMMISSION MINUTES COMMISSIONERS ABSENT Regular Meeting November 26, 1956 OTHERS PRESENT None City Attorney Karmel Plan. Consult. Mann Dir, Pub. Works Marr Councilman Thayer Meeting called to order at 8t00 P. M.; Chairman Martin presiding. Minutes of the regular meeting of October 22, 1956s the adjourned regular meeting of November 13, 1956, and the study meeting of November 13, 1956, approved as presented. The Chair announced that this was the time set for certain public hearings, notices having been published as required. RRARTNaR 1. RESUBDIVISION. Portion of Lots 12 through 24, Block 6, Unit No. 3 Millsdale Industrial Park. General Electric Realty Corporation, owner: Questioned by Chairman Martin, the City Engineer reported that the re - subdivision served to divide the property into two parcels, as described on the map. The General Electric building, nearing completion, is on the large portion. The smaller parcel is probably for lease or sale purposes. Mr. Marr verified the calculations and declared the resub- division to be proper. There being no objections presented, a motion was introduced by Com- missioner Henderson that the resubdivision as submitted be approved, seconded by Commissioner Diederichsen, and carried unanimously on roll call. 2. VARIANCE: Ernest and Naomi M. Cravalho,1508 Carol Avenue, re- questing permission to change the front and side set- back requirements for a proposed five -unit apartment building on the Northeast corner of Sanchez Avenue and E1 Camino. A communication dated November 9 was read from Mr. Ernest Cavalho re- questing a variance in the front set -back from 15 feet to 7/1/2 feet and the east side set -back from 5 feet to 3 feet. Plan. Minutes - Reg. Meeting 11/26/56 In reply to Chairman Martin, the Planning Consultant explained that be- cause of the 20 foot restriction on properties on El Camino Real, the sideline set -back here must be 20 feet rather than the usual 7-1/2 feet. To compensate, Mr. Cravalho is requesting a 7-1/2 foot front set -back on Sanchez Avenue and a 3 foot east side set -back between his l6t and the adjoining property. The lot is zoned R-3, with a 60 foot frontage on Sanchez Avenue by 101 feet on E1 Camino Real. Questioned by the Commission, Mr. Cravalho stated that the 20 foot set- back will be landscaped and serve as an entrance -way to the second - floor apartments, as well as a driveway to the garages. In further discussion, Mr. Cravalho acknowledged the possibility of sacrificing to the State Highway Department all or part of the 20 feet for future highway improvement. Protests were heard to the 7-1/2 foot set -back on Saancher Avenue and to an apartment building in an area where parking is now a problem and a traffic hazard from the following citizens: Jacob T. Krawitz, 1428 Sanchez Avenue; James Himmel, represent- ing the Burlingame Federation of divie Improvement Clubs, Inc.; Lois J. Montgomery, 444 Portola Drive, San Mateo; Joseph E. Harvey, 1412 Sanchez Avenue; Mary R. Alden, 1433 Sanchez Avenue; W. H. Nolan, Jr., 1429 Sanchez Avenue. Chairman Martin replied that the Commission was aware of the parking problem but that the land was properly zoned for apartment use. Commissioner Norberg suggested that a 15 foot set -back be established on the Sanchez Avenue frontage by a proportionate reduction in the rear. Commissioners Henderson, Kindig and Stivers expressed strong opposition to the development of the lot as proposed by Mr. Cravalho. A five - unit apartment building was declared too large for the land available. A motion was thereafter introduced by Commissioner Henderson, seconded by Commissioner Stivers that the Variance application as presented be denied. Motion approved on following vote; Ayes: Commissioners:- Stivers, Kindig, Diederichsen, Henderson, MarTrn - Eoes: Commissioners Finger, Norberg. Chairman Martin reminded Mr. Cravalho that an appeal may be directed to the City Council before the next regular Council meeting. 3. VARIANCE: American Standard Motel Corporation, 1102 El Camino Real, San Mateo, requesting permission toerectapart- ment hotel, including sign not to exceed 60 square feet, on the Northeast corner of E1 Camino Real and Bellevue Avenue. Zone -R-4. A communication dated November 12, 1956, was read from Joseph J. Spratt, President of the American Standard Motels Corporation, requesting favorable consideration of the application and stating that the proposed building will serve a definite need in the community. -2- Plan. Minutes - Reg. Meeting 11/26/56 Letters were read endorsing the apartment hotel and requesting Com- mission approval of the variance from the followings 1. Burlingame Woman's Club House Association, present owners of the property; 2. Better Burlingame Association, including a suggestion with reference to the size and character of the sign; 3. A group of Burlingame real estate brokers. Chairman Martin referred to the previous discussion on the application at the Study Meeting of November 13, at which time the Planning Con- sultant and the City Attorney were requested to determine whether the hearing must proceed on the variance application or as a use permit. In reply, the Planning Consultant stated that he did not believe the application fulfilled the requirements for a variance, noting the absence of any evidence of hardship. To justify a use permit, it must be established that the proposed apartment hotel is a similar use to the permitted uses in an R-4 zone. Reference was made to Ordinance Section 1929; Regulations for R-4 Distkicts, prescribing the class- ified uses for the District. Mr. Mann adtimed that when the applicant has been heard, the Commission can then determine the relation of the proposed use to the prescribed uses. If satisfied that there is proper justification, the Commission may thereafter set the stipulations under which a use permit may be granted. Questioned by the Commission, the City Attorney declared that should the applicant fail to prove hardship the variance must be denied. The Commission may consider whether a use permit could be granted. Where the Commission would find the authority to grant a use permit is questionable. Ordinance Section 1929, sub -section B. permits "bungalow courts, court apartments and similar uses". Mr. Karmel stated that he is dubious that the Commission has the power to decide that an apartment hotel is a similar use to these permitted uses. No reference is made to "apartment hotel" in the Ordinance. It was the recommendation of the City Attorney that the hearing be postponed pending adoption of amendments to the zoning ordinance to define "apartment hotel." Mr. Luther Carr, representing the applicants, requested Commissioners to proceed with the hearing under the "similar use" provision of the Ordinance, as related to bungalow courts and court apartments. Mr. Carr maintained that the building would serve a multiple use. While the primary intention is for permanent and semi -permanent rentals, transient accommodations will be available. Further discussion established the absence of hardship on the part of the applicants and Chairman Martin thereupon declared that the hearing must proceed on the use permit application. The City Attorney noted that Ordinance Section 1930, sub -section D, "Ambiguity of Use",authorizes the Commission to determine, on the basis of facts presented, the classification for a proposed use not named in the Ordinance. -3- Considerable discussion followed with reference to the relation of an apartment hotel to the classifications permissable under the ordinance. Objections to the proposed use were presented by Walter C. Chouteau, attorney, representing the owners of the contiguous property, and James Himmel, representing the Burlingame Federation of Civic Improvement Clubs, Inc., on the grounds that the proposal was alien to the acceptable uses in a residential area. A five minute recess was called by Chairman Martin for consultation with the City Attorney and the Planning Consultant. CALL TO ORDER: The meeting was called to order at 10:00 P. M. Chairman Martin announced that the Commission must determine (a) That the hearing shall be postponed until the ordinance has been amended to provide for apartment hotel", or (b) That the hearing shall continue on the "similarity of use" provision in the ordinance. A motion was thereafter introduced by Commissioner Finger that the Commission find that the proposed building would fall under the similar use category of the Ordinance as related to bungalow courts and court apartments; motion seconded by Commissioner Henderson. On the question, objections to the action of the Commission were pre- sented by James Himmel and Walter C. Chouteau. Mr. C. Coolidge Kreis, representing St. Paul Episcopal Church, was heard urging Commissioners to amend the ordinance as suggested by the City Attorney. In response to inquiry from Mr. Kreis, Mr. Luther Carr stated that there would be no restaurant or cocktail lounge in the proposed building. Mr. Fred Quandt, representing the Board of Directors. of the Burlingame Chamber of Commerce was heard requesting favorable action on the ap- plication. The motion as stated above was thereafter denied on the following roll call: Noes: Commissioners: Diederichsen, Kindig, Norberg, Stivers, Martin. Ayes: Commissioners: Finger, Henderson. A motion was then introduced by Commissioner Diederiehsen and seconded by Commissioner Henderson that the Planning Commission hold hearings on amendments to be proposed before it for the purpose of providing proper classifications for "apartment hotel" and "motel" in the zoning ordinance. Motion uarried unanimously on roll call. 4. VARIANCE: Nick and Elizabeth Lucich, 1224 Bellevue Avenue, requesting permission to build within the rear set -back line. Chairman Martin announced that the hearing on this variance application will be continued to the regular meeting in December. Mr. Lucich iras requested to attend the study meeting on December 10, with a plot plan and elevation for Commission review before the formal hearing. -4- Plan. Minutes - Reg. Meeting 11/26/56 NEW BUSINESS: 1. San Mateo County Small Craft Harbor Plan. A letter dated November 15, 1956, was read from the San Mateo County Advisory Planning Council urging the endorsement of the proposed "Waterways and Small Boat Harbor Element of the San Mateo County Master Plan". A motion was thereafter introduced by Commissioner Kindig, seconded by Commissioner Diederichsen, that the City Council be requested to forward to the San Mateo County Planning Commission an expression of approval of the proposed "Waterways and Small Craft Harbor" program.: In discussing the program, Commissioners agreed to prepare a plan for the eventual inclusion of Burlingame in the Master Plan of Small - Craft Harbors. Commissioner Kindig stated that the present program is a preliminary one subject to change. The above motion was thereafter approved on the following vote: Ayes: Commissioners: Diederichsen, Henderson, Kindig, Martin, Norberg, Stivers. Noes: Commissioners: Finger UNFINISHED BUSINESS: 1. California Drive and C-" r Ti __ -Avenue Improvement Projects. Copies of a report from the Planning Consultant on the above projects were handed to Commissioners for study and final determination at a future meeting. T1m re being no further business, the meeting was regularly adjourned at llt05 p.m. Respectfully submitted Everett K. Kindig Secretary