HomeMy WebLinkAboutMin - PC - 1957.07.28CIW. OF BURL INGAIE, PIZA.NNING COMMUSSION
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motior. was introduced b-,;- Cm,,,,iiiissioner Finger, se(�o'ndf 3d- by
Corrmiissio.as'-Stivers that -resubdi',.rialon as ov.bmitt-ad b.) al":)P-V-Q-""'�'�Cl.
Mot -ion carr"Led unia-zilmous-311" on roll cas"I-I of membcrs prosei-';.
2. TENTATIVE- 1XIF -"Creekside" Subdivision. (Formerly a portion- of
'Ray Park recreation area.) - ........ . I'-
--
An application to subdivide an area of 1.67 acres MoL, looded at
the northwesterly ter -minus of Cabrillo Avenue and Drake Avenue, su.b-
mitted by the owners Frank and Kathe Kennedy and V.,illiam and Clara
Whif le r.
Chairman Martin questioned the Planning Consultant who advised
that certain revisions had been made by the owners to provide proper
street frontages as well as adequate access ways to all of the lots
by extending the existing City street.
The City Engineer indicated his approval of the map as submitted
and advised that prov.,isions for storm drainage and water supply are
on vonz cjyA...-.wboovis f C. s ' ,i. ;J :.
3. VARIAIQ Tots
Nursery S {' T_
..-,. ..� s .•. ry- --
,f :t ... �'? her _ ..-_::.._ l _: c' _? u._• _ r,.! _. >:J s f ...-. . t.• _ J, .':r 4 4.? �.. ..� .:._ ���_.. �i, ths was Tots _ .-...
�4_ .- �. ... ..-. .... ._..! onpolled, i.l_._...._� t» :; .. _.,. - _. _. t.r f..i; con.,_-r'.. j �.. r�
by the pvcsant owner,
ication and a action vas An0vo-
maduced by handig, seconded 's.... by Finlay _' ; I
Betty
Fi
ook tc operate tha school
with the Talloning oWpulations: (2) The grant in to aztend for a thrm,''
year 36.a :._-. ..,W from date. ., At the end of
this time,.. '?o applicant is to
event • r Upon G license e-.. s..-e should terminate t"!"y be n.a :. .. ' >... a ts.' .':-wv.al i .`�;
will automatically bs cancelled; Q) School to be canduatod Aondw-y
thrx a
Motion YaPPAU. YDaoirDnaly on rail call mf`
.:max. r a t F _. ,.cam `. �-+L� .?�3n announced ed that t a ordep of the Com-
mission
Ci>.� r
ty ,'�.. c.... S. - .� :t ..P _ '..:`.y _„ ",-.e s C.�,v'' S August �e r .t ���f�`a
...i v....-t �\.-�... �. ..._idown o .'qc��.�..€...�_ c. js'p n to�i. y�}6'���;...... ve .. .. t. c�:_ -.C'. il.t.on t s . .
El Camino
An. application to permit commercial al use on 2 lots presently zone,',".
H-3 at he a€+utheast r.'f✓"rr r of El Camino Real and Broadway, also to
permit construction of a pi.`+i wp island, canopy and't �� �'�� La
with said c imirsercial use, in the wC Foot building set -back area on th`:
El Cam1no Rea., frontage.
A com.zunication dated March 29, 1957, was read from the Tidewa mr
Oil Company requesting favorable consideration of the application,
In response to Chairman Martin, Mr. K L. Stevenson, construction.
engineer, Tidewater Realty Company, addressed the Commission and sub-
mitted for consideration a sketch of the reconstruction proposed on
the above properties. Mr. Stevenson advised that the present service
station facilities have 'become inadequate and obsolete and it is pro-
posed to completely rebuild the station. The reconstruction will on -
tend over 4 lots, 2 of which are zoned commercial. and 2 R"5 (multiR
Family) e In addition, permission is requested to use a portion of the
20 foot widening set®back.on El Camino Real for a Dump island and
canopy.
Referring to the existing service station, Chairman Martin po-int-ed
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out the existence of a non -conforming use in that the presentstation
occupies a portion of the 2 R-3 lots.
Questioned by the Chair with reference to the extension of a
non -conforming use, the City Attorney declared the Commission to have
the legal right to grant the variance at hand should it see fit to do
soa
Planning Consultant Mann noted that the applicant was desirous
of extending a part of their operation into the 20 foot set --back on the
El Camino and cautioned that should permission be granted here, a
precedent could be established affecting other properties.
Considerable discussion followed relative to the proposed con-
struction within the 20 foot set -back and the problem was resolved
when the applicants agreed to refrain from extending within said set-
back.
A motion was thereupon introduced by Commissioner Finger,
seconded by Commissioner Kindig that a variance be granted as requested
permitting the use of Lots 27 and 28, Block 5, Easton Addition No. 1
for service station facilities providing (a) that no portion -of the
operation extend within the 20 foot set -back on El Camino Real and
(b) that any advertising sign be confined to that portion of the
property zoned for commercial use, that is, either Lot 29 or 30,
Block 5, Easton Addition No. 1.
Motion carried unanimously on roll call of members present.
Chairman Martin thereupon announced that the order of the Com-
mission shall become final provided that no appeal is directed to tha
City Council prior to Tuesday, August 60 1957.
5. VARIANCE - Mohn D. Mahlsted requesting permission to enlarge one
unit of a three unit apartment building.
An application to permit reconstruction on an apartment building
at 717 Linden Avenue (a non -conforming use in an R-2 zone).
Mrs. Mahlsted, in attendance, presented a sketch of the proposed
addition and explained that said addition was required to enlarge the
living quarters occupied by her family. There was no intent to add
additional rental units nor to house additional families on the property.
In reply to the Chair, Planning Consultant Mann reviewed the present
land use on the block and mentioned that the property under discussion
is a non -conforming use in an R-2 (duplex) District. Mr. Mann stated
further that certain conditions in the building relative to the access
to the upstairs apartment were unsafe and provision should be made to
provide adequate ingress and egress to said apartment should the
variance be approved.
Following some discussion with Mrs. Mahlsted, Chairman Martin re-
quested comments from the floor.
Mr. Robert E. Doss, 722 Linden Avenue, asked for clarification on
certain points relative to the building puns and stated that in h4-
opini on any construction on the property, if well done, would be
improvement. Mr, Doss further requested that the Commission
tJ` s n i; �'ua? Ew•_C1E=r di sc fl_-,s s - o.o e. 1!"_'G _ on .\'a -t ,
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.f � l- ..Xla`J- LC3's).i113_ :+s 7, oji
aIKO av•ciOn ,o recor}_side..: -sae appi.zc..t -J_Or{., s eeo.-ide} by CoJnM=;_SS1 ofi`�.C'
St.i"t�e.rs and unanimo-L:,sly czar --7eu o-n. ro"t s call of ie.tf3eys preesf
>✓._C.d f,...'.;:. a, •s!L et o/.u. s s. '..�: I'_.- ohz
. `�..•'bo the fi:.:��-c � `ci_. iroe_e v.l..tt�a szl=c..FE. :+ 2,6 4 '
1"! age_- __-a ca:'__ ed -i1 t=ol . .;€?l' of J F'x
pre 5Y.`t
1.'.`farl;-J.-_ r€3queslt-,ed Mrs,._i6a-1, I-si'ad to .:lade
t<.;,�.: ..� �
„�,;rs,� `,e t—irre a.._�:- �!� o L u ..1.d.ing plans i-ice.'. .� ,i �47_ elf rtr _.._ .
"oroposed
. P" Etienne PiL•o � _i_E � _ C � )I `'..'.
? i 3"''(: �' ! nEu E p i' -, i a?. t' =i ` "t
- -- eu Zo 1-" g," to pesmiit co—_=stxv,—, C J_on (L' .9 200 .,, or (m iii.oG::S':1G i
-o
An application under date of ,Tune 18, 195', su'umittec by
R.P. Et�.;a, ne- Propertied, Inc.,308 E Camino RF0.,, Burlial:an,,-), r equasr,
i�?g "'Hotel Zoning` upon a parcel of land of 8 <c;res MoL, lcJcat:ed on
the Bayshore Freeway., with access can the Old B)yshore Highvay, to pee-,
mit construction of a 200 room motor hotel
The ?Tanning Consultant addressed the ClAi and observers that the
TTmotor hotel" classification is not named in tr3 City's ord.lnanee.
By reason of this, under the provisions of the )rdinance code, the
-
plication at hand: is for a use permit rather th.n a variance,
Mr. Stan Gates,, representing the applicant;, addressed ;he Com-
mission and advised as follows: (a) The propos.,! is to cons-k,ruct and
operate a motor hotel upon the parcel of land, o' approximately 8
acres, lying between the Bayshore Freeway and th( Bayshore Highway,
north of the Broadway overpass; (b) There will b( a minimum o,' 195
rooms, with no individual kitchen facilities; (c; The operation will
be maintained and conducted as a hotel. Mr. Gate:: submitted ,+c sketch
depicting the proposed project.
Questioned by the Chair concerning the preset; zoning cla-.sifi-
eation of the location, the Planning Consultant re carted it to be
"M-1 District, (Light Industrial)", the site immediately to the south
is to be developed for professional business,, and v,u the north, in-
dustrial. -4-
The Plannin.; Consultant stated further that there has been a
recognized need in the community for the facilities offered and, in
the past, the problem has been one of location where there would be
no interference to surrounding properties, The site proposed here
appears to meet that requirement, In addition, there is ample land
for off-street parking and proper ingress and egress.
In conclusion, Mr. Mann reminded members that a use permit re-
quires certain restrictions to be set to insure full compliance with
the provisions of the City®s ordinances.
Mr. Don Hawley of Hawley Enterprises, Lynwood, California, de-
veloper of the project, discuss^d the oporation with Commissioners,
stating there to be parking facilities at the front of the `,uilding
to accommodate a .minimum of 125 cars; in addition, there would be
an individual parking stall for each living unit. Mr. Hawley re-
ferred to the number of rooms contemplated and remarked that the
plans call for a maximum of 300 rooms to be r-uilt over a period of
time, but for the present, a minimum of 195 rooms was "guaranteed".
The project will include a restaurant, cocktail lounge, swimming
pool, coffee shop, banquet room, and a series of small shops (barber
shop, gift shop, etc.)
In reply to Park Comnissioner Amstrup, in attendance, Mr. Hawley
advised that the ,.-rounds will ke completely landscaped and offered
to submit these plans to the park Commission for review.
Commissioners individually expressed approval o the ,project as
outlined and a motion was introduced by Commissioner Finger, seconded
by Commissioner Kindig that a use permit be granted for a motor hotel
to be located on the parcel of land described in the application and
to be constructed, operated and maintained to comply with all sections
of the City's ordinance code. Motion carried unanimously on roll call
of members present,
Chairman Martin thereupon announced that the order of the Com-
mission shall become final provided that no ap�7.eal is directed to the
City Council prior to Tuesday, August 6, 1957,
7. RECLASSIFICATION - Andrew J. and Mary Conway, Thomas J. and
Kathleen Culligan to rezone vacant land at
El Camino Real and Dufferin Avenue.
An anplicati`on dated June 24, 1957, submitted by the above -named
propert.;y owners, requesting the reclassification from R-1 District
(first residential) to R-4 District (fourth residential) of four
vacant lots - two on the northeast corner of E1 Camino Real and
Dufferin avenue and two on the sol.2theast corner of El Camino Real
and Dufferin Avenue.
A letter dated July 2, 1957, wa read from Edward Re FitzSimmmons,
attorney representing the applicants, requesting approval of the
°eclassification as submitted to permit the development of tw-1 sets
of studio apartments of approximately ten units each.
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A letter dated July 20, 1957s was read from the Burlingame
Improvements Clubs Council protesting the ap)lication and requesting
that the lots remain in an R-1 classification to (1) protect the
present home owners and (2) prevent the establishment of a precedent
that may threaten the future security of the homes within the boundaries
of the Burlingame Village Subdivision,
Chairman Martin called upon Mr. Fitzsimmons who addressed the
Commission and introduced for consideration "Applicants -Exhibit A",
a.zoning classification diagram of the land within the area surround-
ing the subject property. Referring to said diagram, Mr. Fitzsimmons
pointed out that the land to the south is zoned R-1, immediately
north, C-1; to the west, the lands of the Peninsula Hospital District,
a commercial use, and also to the west, the R-3 zoning of the Ray
Park Subdivision,
Mr. Fitzsimmons stated that the 4 lots in question are the
sole undeveloped properties ands.by their location, adjacent to the
E1 Camino Real, and on the northerly corner bordering a commercial
development, are not suitable for first residential use.
Mr. Fitzsimmons submitted for filing a plot plan of the two
proposed buildings as well as "first floor plan" and "second floor
plan", also introduced "Applicants Exhibit B", an aerial plan of the
area.
Continuing, Mr. Fitzsimmons stated that the owners propose to
build two 3-story apartment buildings., one on each corner of the
intersection at E1 Camino Real and Dufferin Avenue. The Following
points were made:, (a) There will be 11 units in each building
with the required number of off-street parking spaces; (b) Ingress
and egress ways to both properties will le provided from the side
streets.
Mr. Fitzsimmons presented to the Commission.Mr. D. Jackson
Faustmann of Sacramento, who identified himself as a consultir4g
.ngineer with many years experience in planning principles and
related traffic problems.
Mr. Faustmann reported that, in his opinion, because of the
location on a major traffic artery (the E1 Camino Real) and the varied
land used in the:immediate neighborhood, the proper way to protect
the lard values of the subject properties would be to create "some
sort of a buffer zonin,- - a zone which would try to minimize the
noise and confusion of the comnercial uses". Mr. Faustmann stated
further that from a traffic standpoint he would approve the designs
proposed for the two properties with access off the side streets.
Mr. FitzSimanons then introduced Mr. Orovill.e Decker, real
estate appraiser, who declared that in hi.s opinion the highest use
of the subject properties to be as follows: (a) The lots on the
northeast corners becs;mse of . the proximity to th:e' comnercial use,
to be developed for comae_ c1al use; (b) The lots, on the southeast
corner, utilized for an apartment house site to act as a buffer against
the noise and odors emanating from the El Camino Real,
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Mr. Decker stated further that 1 - n his opini-n tha day olopme.n,15"]
proposed would In no wal detract f-m r-- the existing D rope Y-61 ess but
would rather be an asset, the subject lots not beint-� satisfactor--i-
for first-Pesidential usa,;
(J'h- *L-z�.,z-f2ran, i`J?a1--1'-,Jin othars
propo-so-1 to spo��. 1" J� IIE.
04,�urint.on ctoo-La.-,"("�dt t DO
t-la-e-
exception 0' �. .45'.C-� r-'ropert'les, -'I'S
esta'hf aestheti,,,-, po"-ern blishad 'n -61
resul tIng 22 additiona-11- f'a.,,.i -1-11 ,s C 1-8 -3,t-O
probla-za-t Tins
by 1. Ul-
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a g 0 Ln op
P
ns
In respoi-,,,se to Chai,Fiikain It"I'muct-121.2a,f.
of the V-J-llrage Subdiv-isi, a--a�--ovoiGesto'l 'L�he
an
llqr�
1109 Dufl-a-riin Avenue: Mr. C
Mrs. R. j. Moritz, 1116 Clovally, !,ane-
Aver-us, G, Ducha-nv 1660 Wastmicoz, _"to-n.dlr; V2-S4
1116 Duffe--in Avenue; lNv. Maria Ve.--ballij L'u,562,
Mir. H. H. WJI-ng, 1129 Hamilton La---.e; PLr. R. L.
Eastmoor Road; 1"s7. R. E. Cullen. 1621� Nfestim-oor
1650 Weatmoor Road; 1,2r. R. R. SharDe't, 1133 Oufferin -Aviven-o.S
Mr® Robert Boyce, 1541 Westraoor Road...,
Tiae above sneakers made the following points,. (a) T-i-,-o oi-.'
plans for development of the Subdivision were basad on
residential zoning' and properties were 'OouL-ht with th,�
that that zoning-,:vTould be protected; (b) Une proposed 3-oltlo9,y
buildings i4o,ild 4eprive the neighborin- properliesof thoir
In rebuttal, Xro FitzSlnnons declared that the location of tln-6
lots makes them unattractive for single-family use, thereby doprlirixlS
the owners of the use of their grope �tles; that the apartment bvi2d-
ings will not injure the existing si-Ingle-l-'amily homes and that, thS
com-iercial area to the north has not proved to be a detd-raen-t or a
nuisance.
Chairman Martin noted that the application requested R-b I .. wass'
fication and the buildings proposed and described before the Com-O.SS..-Ion
would fall in the province of an R-3 classifieat'.1on.
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In reply, I4r. Iyi.tzSimmons said that the apyolic-ation had been
made for R-4 throug-1 a misunderstanding of the City¢ s ordinances On
behalf of his clients, he was prepared to vnnon6l the appl? -cation
in-i- ediately or., if necessary, before the City
assurance would be givent that R --` classification -�,1010 c ; +�� �.:. C:,a
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In ,-.—w3 3ly to a quest. -Ion P �dsed by Ghai.,nrp- n ?,el,-J;f(. 've L`l%
a varil-nee P rrriF t ra then than a roei a ssification €_C; t"i on, - .:. .r F:*,- 4:,;,.
Si.mnons protested, deciari-r g a variance to be i ii1-reva.b a In that
any person may take steps to contest the periR-Cy and 1-1,rex-e'"Y
Construction.
Mr. Fi.tzglmnons thereupon advised that should the reclassifi-
cation be a.p!-I-ove,d, 'iis clients violi l d be Yr3ill.finc-, t, ant -of" ntJo a
contract with the- City agroo ng to anV terms and conditions pre-
scribed as to co4structi on;
The City Attorney declared that in his opinion, in the event
of a reclassification of land and the subser•ient passage of a
zoning; ordinance, the City exercises 'no further contol of the lend
use beyond the restrictions defined in the ordinimce code,
After some further discussion, Com--iissioner Kindig observed
that although the I lot located on the northeast corner could
possl' ly Le rezoned., the remainin -, 3 lots in no way diV; ered f'a-am
their adjoining lots and did not warrant a reclassification.
_ 8.,
A motion was thereupon introduced by Commissioner Kind_i g,,
that the Cone ni.ssion. recom lend to the City Council that the
application for reclassification be denied, seconded by Commissioner
in.r,er and unanimously carried on roll call of nierrgber s present,
Chairman Martin thereupon announced that the oa�der° of the
Cor2riission shall become final provided that no avpeal is d-I rec tad
to the City Council prior to Tuesday, August 6;,
IVf�" BUSiWESS
(a) "Rooming House" ordinance:
The Piandng Consultant- advised that the preparatory work on
the proposed "Roozm.ng House" ordinance having besn eooqpl ted,,. •tho
proposal must now be forwarded to the City Council for
A motion was thereupon introduced by Ccmr�ifs:si.ona3? Finger,
seconded by Cannis sioner Undi.g that the proposed gYsiG3c7:'.'tb?.?"? House"
ordinance be recor�r?anded to the Sity Council for a.dopt :can» Notion
carried unan-Jm,ous, y on ro? 1 call of riierinb xrs prat nt-, x
(b) Proposed revisions to Section 1926, Zoning Ordinance.
One Planning Consultant advised that the final draft of the
revisions to Sec *ion 1926, Zoning Qr°di+ mice (regtalations for R-1
Districts) would be completed in time to conduct a public hearing
at the next regular meeting of the Corwi ssion, August 26, 19157.
A motion was thereupon introduced by Com As:3i.oner � .-'Lager,
secon-ided by Cor,raissi.oner Kind.ig that the P anns.ng 'hoAE
a public, hearing at its regular meeting august �?�� �95f � for the
purpose of amending Section 1926, Zoning Gr d.L-1 ar.e=>e. Mot i on cavra7 cr!
unanimously on roll call of merrbers present.
'share being no further business, the meetin€; was regularly
adjourned at 12:10 a.m.
Respectfully submitted,
Everett K. Rindig
Secretary
__ n __