HomeMy WebLinkAboutMin - PC - 1993.01.11CITY OF BURLINGAME PLANNING COMMISSION
JANUARY 11, 1993
CALL TO ORDER
A regular meeting of the Planning Commission, City of Burlingame was
called to order by Chairman Mink on Monday, January 11, 1993 at 7:33
P.M.
ROLL CALL
Present: Commissioners Deal, Ellis, Galligan, Jacobs, Kelly, Mink
Absent: Commissioner Graham
Staff Present: Margaret Monroe, City Planner; Jerry Coleman, City
Attorney; Frank Erbacher, City Engineer; Keith Marshall,
Fire Marshal
MINUTES - The minutes of the December 14, 1992 meeting were
unanimously approved.
AGENDA - Items #6 and 17, condominium permit and tentative
condominium map, 812-820 E1 Camino Real, continued to
the meeting of January 25, 1993 at the request of the
applicant. CP advised staff will renotice these items.
Order of the agenda was then approved.
FROM THE FLOOR
There were no comments from the floor.
ITEMS FOR ACTION
1. REAR SETBACK VARIANCE AT 1100 CLOVELLY LANE ZONED R-1
Reference staff report, 1/11/93, with attachments. CP Monroe reviewed
details -of the request, staff comments, required findings. Three
conditions were suggested for consideration at the public hearing. The
Chair determined from staff there was no need for Commission to address
existing nonconforming side setbacks.
Chm. Mink opened the public hearing. James Fitzpatrick, applicant and
property owner, was present. He advised it was recommended they move
the addition to the other side of the house; if they do this they will
lose light, air and ventilation to the master bedroom and bath. There
were no audience comments and the public hearing was closed.
C. Deal found the location chosen is the best considering applicants
want to put the addition off the existing kitchen, it will not be
necessary to disrupt the entire house; the property is unusual given
the layout of property lines.,C. Deal moved for approval of the rear
- 1 ,
Burlingame Planning Commission Minutes Page 2
January 11, 1993
setback variance with the following conditions: (1) that the addition
as built shall conform to the plans submitted to the Planning
Department and date stamped November 25, 1992 Sheets Al, A2 and A3; (2)
that the rear addition shall not be any closer than five feet (5'-011)
from the rear property line; and (3) that the project shall meet all
the requirements of the Uniform Building and Uniform Fire Codes as
amended by the City of Burlingame.
Motion was seconded by C. Jacobs. Comment on the motion: one of the
primary reasons for rear yard setback is for privacy from houses
located behind, in this case there are no houses to the rear.
Motion was approved 6-0 on roll call vote, C. Graham absent. Appeal
procedures were advised.
2. SPECIAL PERMIT AMENDMENT TO ADD A RESIDENTIAL UNIT TO THE CHURCH
AT 2828 TROUSDALE DRIVE. ZONED R-1
Reference staff report, 1/11/93, with attachments. CP Monroe
summarized the request and reviewed staff comments, study meeting
questions, required findings. Four conditions were suggested for
consideration at the public hearing. It was determined this site is
one parcel. CP noted that the size of the residential unit had been
reduced since the study meeting.
Chm. Mink opened the public hearing. Anthony Serra, Congregation
Secretary, Burlingame Kingdom Hall (property owner), was present. He
advised the Circuit Overseer will live in this residential unit year
round, his circuit includes 22 congregations from Daly City to Palo
Alto. There were no audience comments and the public hearing was
closed.
C. Deal found this to be a benign use, it will not be detrimental to
the area, required parking will be provided, it is a small residential
unit advantageous to the church property and an asset to the community.
C. Deal moved for approval of the special permit amendment by
resolution with the following conditions: (1) that the project shall be
built as shown on the plans submitted to the Planning Department and
date stamped December 21, 1992, Sheets Al, A2 - 17" x 22" (note voided
ground floor plan sheet A2 - 24" x 36" is not part of proposed plan),
and A3; (2) that the conditions of the Fire Marshal's December 23, 1992
memo shall be met; (3) that the on-site parking shall be marked for the
exclusive use of the church and shall never be leased or sold
separately from the building; and (4) that the project shall meet all
the requirements of the Uniform Building and Uniform Fire Codes as
amended by the City of Burlingame.
Motion was seconded by C. Kelly and approved 6-0 on roll call vote, C.
Graham absent. Appeal procedures were advised.
Burlingame Planning Commission Minutes
Page 3
January 11, 1993
3. SPECIAL PERMITS FOR ACCESSORY STRUCTURE AND BATH AT 916 PARK
AVENUE, ZONED R-1
Reference staff report, 1/11/93, with attachments. CP Monroe reviewed
details of the request, staff comments. Seven conditions were
suggested for consideration at the public hearing. It was determined
a three car garage is about 30' x 20' or 600 SF interior space, this
request is for 360 SF more, or 960 SF.
Chm. Mink opened the public hearing. David Nava, applicant and
property owner, was present. He distributed photographs of other
oversized garages in the area. Responding to a question, he stated the
request for a full bath in the garage is just for convenience, the
accessory structure will not be used for anything other than a garage,
he has four cars and would like to get as many as possible inside as
well as off the street; he will be working on the cars in the garage
and would prefer a bathroom closer than the house; the 9' wide area
behind the bath will be work area with work bench.
There were no audience comments in favor. Speaking in opposition, Tim
McKevitt, 811 Laurel Avenue: this is a very large garage, his house
will be close to it and he was concerned about noise. Applicant
responded it was better to have the cars in the garage rather than on
the street and in the driveway. There were no further audience
comments and the public hearing was closed.
With the statement the proposed garage is not much smaller than the
existing house, she had no problem with a three car garage but this is
much too large, C. Jacobs moved for denial of the two special permits.
Seconded by C. Galligan who suggested the application be denied without
prejudice in order to allow applicant to come back with a proposal for
a three car garage without full bath, this proposal is a garage within
200 SF of the size of the main house. Further comment on the motion:
will support denial, have no problem with a three car garage but am
concerned about a full bath in this garage, a second unit sometime in
the future could be too easily provided.
C. Jacobs amended her motion to deny the two special permits without
prejudice as suggested by the seconder, C. Galligan. Motion was
approved 6-0 on roll call vote, C. Graham absent. Appeal procedures
were advised.
4. VARIANCE FOR AN OVER -SLOPED DRIVEWAY AT 1411 BENITO AVENUE, ZONED
R-1
Reference staff report, 1/11/93, with attachments. CE Erbacher
summarized the request to allow a newly constructed driveway slope
which does not meet driveway slope requirements. He discussed these
requirements, condition of this driveway as recently completed,
potential hazard of steep driveway areas and options for action on the
request.
Burlingame Planning Commission Minutes Page 4
,January 11, 1993
Commission/staff discussion: original plans did not show the driveway
built as it now exists, in the original design there was no flat area
at the top of the driveway, think applicant would have been able to
clear the undercarriage, could have flattened/ lowered the sidewalk
somewhat which would have helped; could slope downward begin closer to
the sidewalk; do not want slope to garage to begin on right of way, it
could be.a problem in the future if the street were widened, would city
be liable; action could be conditioned to require, in the event there
are city street improvements, changes to the driveway shall be at the
expense of the property owner. Staff advised city had been -called out
for inspection but has not signed off on the driveway construction.
Chm. Mink opened the public hearing. Robert Smith, applicant and
property owner, was present and distributed photographs which showed
two cars parked in the driveway; the pickup truck does not extend
beyond the curb when parked in the driveway, they do not park over the
sidewalk, there is a clear view up and down the street from that
location; flat area now present at the top is big- enough to prevent
cars rolling, the excessive slope is in the middle 5' to 6' wide under
the car when parked, they have had no problems backing in and out with
standard or automatic shift. Mr. Smith was not aware he had a problem
until Public Works pointed it out to him, a subcontractor did the
cement work on the driveway, applicant would prefer to leave it as is
if possible, he did not have a problem with the grade since there is
such a small distance involved, he has one car that is very low to the
ground but has had no problem with it scraping on the change in slope.
There were no audience comments and the public hearing was closed.
Commission discussion/comment: city does have some slope requirements
and there is good reason for them, there are some things that could be
done to this driveway to make it better; if applicant had come to the
Commission with an application before the driveway was built would have
had a difficult time approving the request but can't approve now just
because it is there. A Commissioner suggested moving the beginning of
the slope closer to the sidewalk and adding a condition that if there
is any widening of the street in the future the city be held harmless,
cars can park on the slope in the driveway but would like to see
driveway meet code requirements and be safer, if this means extending
closer to the sidewalk would not object.
Staff advised in changing the slope applicant could probably save the
part closest to the garage, at least the first 81, they would have to
do some additional walkway work getting into the house, it is a very
nice cement job. Commissioner comment: if it had come to Commission
before it was constructed would probably not have supported it, but it
is there; if this were 25% on an upward slope and driveway were higher
than the street, could support it; this is lower than the street, there
is a safety issue, cars are going to roll into the garage, they won't
be hanging in the driveway.
Burlingame Planning Commission Minutes :Page 5
January 11, 1993
C. Kelly found that since the slope of the driveway is toward the
house, not toward the street, he was more inclined to let it stay as
is, it is not a very long driveway. C. Kelly moved to grant the
variance request for an over -sloped driveway, seconded by C. Jacobs.
Comment on the motion: this is a difficult determination, property
owner is a victim of circumstance and he has come forward to ask for
_relief, there are substantial reasons to support his request, but have
a concern about what might happen during an earthquake, concern about
ice, concern about safety and future homeowners of this site.
Maker and seconder Qf the motion for approval added the following
condition: (1) that if any future city street improvements require
changes to the driveway these shall be made at the property owner's
expense. The Chair discussed the necessity when granting a variance to
find there are exceptional circumstances related to the property and
that the variance is necessary to prevent unnecessary hardship, he
could not support approval since the reason for the hardship was self
imposed.
Motion to grant the variance failed on a 3-3 roll call vote, Cers Deal,
Galligan, Mink voting no, C. Graham absent. Appeal procedures were
advised.
5. FOUR SPECIAL PERMITS AND LOT COVERAGE VARIANCE FOR ACCESSORY
STRUCTURE AT 1301 SANCHEZ AVENUE, ZONED R-2
Reference staff report, 1/11/93, with attachments. CP Monroe reviewed
details of the request, staff comments, required. findings. Eight
conditions were suggested for consideration at the public hearing.
Commission/ staff discussed/ clarified code requirements regarding
setback, unprotected openings on property line, habitable area.
Chm. Mink opened the public hearing. David McKenzie, representing the
property owners, Kathryn and Tom Newburn, was present. He discussed
the reason for the request, with a full size car they need 24' to get
around the front and back, they are asking for storage space on the
second floor of the accessory structure because the house is so small,
there is no room to locate an accessory building for storage on this
lot because of its size; they have asked for extra height because a
flat roof would not look good from the street and a man could barely
stand up with a 14' ridge. Addressing exceptional circumstances to
support the variance request, Mr. McKenzie said this is a small lot,
35' x 1001, the existing house takes up 1,080 SF, existing lot coverage
is 37% and existing garage is a little too small for a full size car;
the "false window" is a recessed stucco panel to break up the front.
A Commissioner was concerned about 40.8% lot coverage, the house has
only two bedrooms and there is not much alternative if property owners
want to add to it. Designer said they would be over lot coverage if
Burlingame Planning Commission Minutes Page 6
January 11, 1993 -
they added anything to the house and they don't want to go to a second
story on the house; the .8% over allowed lot coverage is 28 SF, if this
were eliminated it would reduce the garage by 21. Kathryn Newburn,
property owner, stated they are replacing the garage because the
foundation is cracking, retaining wall is split, they need a new
garage; the requested height is because the garage 'is so much lower
than the house and they need additional storage space desperately.
There were no audience comments and the public hearing was closed.
The Chair noted three letters in support from the following neighbors:
Daniel Eisan, 1305 Sanchez Avenue; Steven Underwood, 1221 Sanchez
Avenue; and the residents at 957 Laguna Avenue.
C. Galligan made findings: with this 3,500 SF lot and 35' frontage
there is not much space, applicants are asking for a minimum amount
over allowed lot coverage for the variance; regarding roof height and
plate line special permits, this is a small lot, there is a need for
storage space, the structure will not affect neighbors because of the
lay of the land, it will not be offensive and is the expressed need of
the applicant; regarding the special permits to exceed allowable square
footage and percentage of storage in an accessory structure, this is a
minimal amount in line with the needs of the property and its
topography.
C. Galligan moved for approval of the four special permits and lot
coverage variance by resolution with the conditions in the staff report
and a condition requiring the property owner to come back to the
Planning Commission if an addition is made to the house. Motion was
seconded by C. Jacobs. There was some discussion about ensuring the
storage space in the accessory structure not be habitable area, it was
suggested condition 16 be amended to read "ceiling joists" rather than
"a beam". Another condition was added to approve a real window in
place of the false window.
Conditions of the motion follow: (1) that the project shall be built as
shown on the plans submitted to the Planning Department and date
stamped December 21, 1992 Sheets 1, 2, 3, 4 and 5; (2) that the
conditions of the City Engineer's memo date stamped December 21, 1992
and the Senior Building Plan Checker's memo date stamped December 21,
1992 shall be met; (3) that the roof ridge height on the new detached
garage shall not exceed 16'-6" from average top of curb along Laguna
Avenue and that the roof framing shall be surveyed and this survey
approved by the Chief Building Inspector before the roofing material is
attached; (4) that the plate height on the new detached garage shall
not exceed 14'-6" from average top of curb along Laguna Avenue and this
plate height shall be surveyed before the roof framing is attached and
that survey shall be approved by the Chief Building Inspector before
the roof framing is attached; (5) that the floor area of the new
detached garage shall not exceed a total of 522 SF with 288 SF on the
first floor and 234 SF on the second floor and that plumbing shall not
be extended to this structure and no portion of the accessory structure
ft
Burlingame Planning Commission Minutes Page 7
January 11, 1993
shall ever be used for living purposes; (6) that ceiling joists shall
be installed at a height no greater than 6'-10" above the finished
floor on the second story; (7) that the total structural lot coverage
shall not exceed 40.8% of the existing 3,500 SF lot; (8) that the
project as built shall meet all the requirements of the Uniform
Building and Uniform Fire Codes as amended by the City of Burlingame;
(9) that the property owner shall be required to come back to the
Planning Commission for approval should any addition be made to the
main house; and (10) that a real window shall be allowed in place of
the false window shown on the plans.
Motion was approved 6-0 on roll call vote, C. Graham absent. Appeal
procedures were advised.
6. NEGATIVE DECLARATION AND CONDOMINIUM PERMIT FOR A FOUR STORY, 20
UNIT RESIDENTIAL CONDOMINIUM AT 812-820 EL CAMINO REAL, ZONED R-3
7. TENTATIVE CONDOMINIUM MAP, LOTS K, L AND M, BLOCK 6, MAP OF
BURLINGAME TERRACE - 820 EL CAMINO REAL
Items continued to the meeting of January 25, 1993 at the request of
the applicant.
S. PARKING VARIANCE FOR CONVERSION OF RETAIL SPACE TO HEALTH SERVICE
USE AT 1846 EL CAMINO REAL, ZONED C-1
Reference staff report, 1/11/93, with attachments. CP Monroe reviewed
details of the request, staff comments, required findings. Six
conditions were suggested for consideration at the public hearing.
CP advised a retroactive building permit will be required of this
applicant even though the work was done on the site by the previous
tenant; Building Department will check ADA parking requirements.
Commission asked how many patients this use expected, found storage
located close to the waiting room rather than treatment rooms unusual;
is parking use pooled in this area. CP noted easements among lots and
past use of S.P. right of way for meeting parking requirements of these
larger buildings.
Chm. Mink opened the public hearing. Applicant, property owner or a
representative were not present. There were no audience comments and
the public hearing was closed.
C. Jacobs found this area has a parking problem, on a busy morning
people go all the way over to the train station to park; there are only
four parking spaces for patients/ customers of this use; question layout
of storage next to the waiting room; do not think a parking variance
should be granted in this area, it's a problem now. C. Jacobs moved
for denial of the parking variance, seconded by C. Deal.
Burlingame Planning Commission Minutes Page 8
January 11, 1993
Comment on the motion: at 3:00 P.M. today the parking lot was packed,
except behind this building; concern that applicant is not here, would
be more comfortable with a denial without prejudice; staff noted this
is a code enforcement item, applicant should be given clear direction
for how the project should be revised if it is denied without
prejudice, item could be continued to next meeting;'see no reason to
deny without prejudice, item was noticed, applicant was informed, agree
with the reasons cited for denial; this is a unique application, with
sporadic hours, understand parking problems in the area but the
question is does Commission want to keep the matter before them or send
it to City Council on appeal, would prefer applicant came in and talked
to Commission first; plan Commission has is of the existing building,
want to approve plans of what will be there, not what is there; staff
advised this is the floor plan applicant intends to use unless there
are required changes under the UBC.
The Chair asked for a vote on the motion to deny the parking variance.
Motion passed on a 5-1 roll call vote, C. Galligan voting no, C. Graham
absent. Appeal procedures were advised.
9. MASTER SIGN PROGRAM AND SIGN EXCEPTION AT 65 CALIFORNIA DRIVE,
ZONED C-2, SUB AREA D
Reference staff report, 1/11/93, with attachments. CP Monroe
summarized the request, staff comments, study meeting questions,
required findings. Five conditions were suggested for consideration at
the public hearing.
Chm. Mink opened the public hearing. Joyce Amsden, Cole European,
applicant, was present. She noted the photo submitted of the Subaru
sign has 4' x 4' letters, their proposed Subaru sign has 3' x 3'
letters; responding to a question she thought the manufacturers might
require the two service signs as presented rather than combining them.
There were no audience comments and the public hearing was closed.
Commissioner comment: Subaru sign is out of character, it is too large,
and signage on the secondary frontage is too much.
C. Deal found no problem with the Subaru sign, it looks as good as any
sign on Auto Row; on the California Drive frontage they are asking for
a little less square footage than they are allowed, several places have
more than allowed; regarding combining service signs, they can't be
seen until one is in the driveway; secondary frontage is on the parking
lot, he had no problem with the wall sign on the secondary frontage.
C. Deal moved for approval of the master signage program and sign
exception with the following conditions: (1) that the project shall be
built as shown on the plans submitted to the Planning Department and
date stamped January 4, 1993 Sheet Al - Plan, Perspective and
Elevations, and Sheet A2 - Site Plan and Elevations; (2) that the
existing 'Premier Sales and Leasing' pole sign along California Drive
shall be removed; (3) that an encroachment permit shall be obtained for
Burlingame Planning Commission Minutes Page 9
January 11, 1993
the proposed 'Subaru' sign before a building permit is issued; (4) that
the temporary service entrance sign shall not be located on the
sidewalk or in the public right of way; and (5) that the project shall
meet Uniform Building and Uniform Fire Codes as amended by the City of
Burlingame.
Motion was seconded by C. Galligan and approved on a 5-1 roll call
vote, C. Jacobs voting no, C. Graham absent. Appeal procedures were
advised.
PERMIT EXTENSION
10. ONE YEAR EXTENSION OF HILLSIDE AREA CONSTRUCTION PERMIT AND CREEK
ENCLOSURE PERMIT AT 2652 SUMMIT DRIVE. ZONED R-1
Reference staff report, 1/11/93, with attachments. CP Monroe reviewed
the request. One condition was suggested for consideration at the
public hearing. Responding to a question, CP advised this building was
required to be fire sprinklered.
Chm. Mink opened the public hearing. John Lee, architect, was present.
He stated they need the extension due to delays in selecting a
contractor whose signature is needed when picking up a building permit.
There is also extensive site work to do which cannot be done until
March or April. There were no audience comments and the public hearing
was closed.
C. Deal moved to grant a one year extension to September 17, 1993 of
the hillside area construction permit and creek enclosure permit with
the following condition: (1) that the project shall meet all current
Uniform Building and Uniform Fire Codes as amended by the City of
Burlingame in effect at the date of the planning permit extension.
Motion was seconded by C. Ellis and approved 6-0 on roll call vote, C.
Graham absent. C. Jacobs requested that on any future permit
extensions the action minutes be included in the packet.
PLANNER REPORTS
CP Monroe reviewed City Council actions at its January 4, 1993 regular
meeting.
ADJOURNMENT
The meeting was adjourned at 9:48 P.M.
Respectfully submitted,
Michael F. Galligan
Secretary