HomeMy WebLinkAboutMin - CC - 1966.07.05422
Burl ingame,
iluly 5,
california
1966
CAI,T TO ORDER
A regular meeting of
given date. Meeting
the Chair.
the Bullingane City Council was held on the above
called to order at 8:OO p.m. , - l.layor ceorge in
At word frcrn the Chair,
Pledge of Allegiance to
ROLL CALL
in the Council Charnber arose
FIag.
and gave the
crosby-Diederichsen-ceorge-alohnson-Mart in .
None.
all
the
Present
Absent
Councilmen :
CounciLmen:
MINUTES
The Minutes of the meeting of June 20, L966, submitted previously to
council, e/ere approved and adopted.
LESLEY FOI,NDATION APPEAL RE: ALMER ROAD PROPERTY
A communication from the Lesley Foundation-Castle ?owers Foundation,
bearing the signature of !1r. A. if. Watson, President, dated afune 29,
1966, appealing from the denial by the Planning Conurission of a
variance request to permit a twelve-story building on Almer Road,
was acknowledged and a hearing before Council acheduled for Monday,
iluly 18, 1966.
HEARING - KAY EI,LIS CARPORT VARIANCE APPEAL
Uayor George announced the continuation on this date of a hearing on
an appeal subnitted by Miss Kay E}1is, to reverse the decision of the
Planning Commission in denying a variance to pemit a carport construc-
tion on her premises at I24 Occidental Avenue.
Referring to minutes of June 20, wherein Council continued the hearing,
with a request that the applicant submit findings of a qualified land
surveyor, a plot plan J.ndicating property dimensions and the location
of the carport, lilayor ceorge thereaf ter recognized l.{rs. Edith B. Taylor,
Attorney, representing the applicant.
Itlrs. Taylor read a letter received by the applicant, dated ilune 30,
1966, from william A. Bartl,ett. Licensed Land Surveyor. stating that
an inspection of the recorded map of the subdivi.sion indicates in-
sufficient information to allow a normal survey and that a thorough
and expensive survey of the blocl< would be necessary to determine
the property 1ine.
A "Statement of Services Rendered in Connection With Preliminary Survey
of Lot 23, Block 8, Burlingame Park No. 2" in the anount of $40.O0 and
paid in full by the applicant, accompanied the cornrnunication.
A plot plan prepared by l,!r. Bartlett, including the location of the
proposed carport, was displayed by ttrs. Taylor, who referred to the
property's setback distances in relation to the proposed conetruction.
Mrs. Taylor, from her calculations, indicated the carport eonstruction
would not interfere with side yard setback requirements; a variance
was required, however, to permit the extension of the carport within
a tlro-foot, ten-inch corner of the building.
PLEDGE OF AILEGIAI{CE
To clarify Mrs. Taylorrs interpretation of sections of the code
to the proposed construction, the City Planner, through Council
explained provisions pertaining to construction extensions into
lines, the nethod determining "average" front yard setbacks and
setbacks .
Speaking verbally in opposition, the Chair recognized ltr.
120 Occidental Avenue, rrho stated that neighbors within a
foot radius of the subject property object to the carport
in that a "troublesome" precedent would be established.
423
applicable
inquiries,
side lot
side yard
lfhe City Engineer, in reply to a question, advised that measurements on
the plot plan from the property line to the rear portion of the existing
concrete slab indicates an area minus two feet, one inch, to 1e9a11y
construct the carport.
Councilman Martin, observing that variances are apparent, one, a side
yard setback encroachment and secondly, construction within a two-foot,
ten-inch colner section of the dwetling, questioned the City Planner,
who confimed that two variances will be required.
In reply to further inquiries, the City Planner, following an explanation
on building regulations and code requirements for garage and carport
construction and differentials betvreen "attached' and "detached" structures,
stated that it was " irnpossible to build a carport within the area proposed
that will meet code requirernents. "
Ttre City Planner surmarized points to be considered by council: that(1) a variance is required to permit encroachnent into the side setback
of the property and (2) a variance is required to permit }ess than the
ten-foot by tsTenty-foot garage (or carport) area requirements.
Conrnunications from opponents, filed in the Office of the Ci.ty C1erk,
were entered into the record from T. C. Porter. L2O Costa Rica Avenue,
dated July 5, 1966, william R. and Elizabeth A. ward, I20 occidental Avenue,
dated June 6, L966, Charles D. co1e, 117 Occidental Avenue, dated .rune 1?,
1965, I.{r. and I'{rs. Joseph Nieri, 132 Occidental Avenue, dated June 15, 1966,
l{rs. Edwin Whitesell, 129 Occidental Avenue, and Mrs. Bertha Macordber,
128 Occidental Avenue. Objections included statements that the construc-
tion would be injurious to other property oh,ners, detrimental to the
character and beauty of the neighborhood and adversely affect the property
values of the neighborhood.
williaItl R. ward,
five hundred
construction
Comnenting on a picture of his home submitted in evidence by the applicant
at the initial hearing before council, Mr. ward explained that extended
flom and made a part of his home is a "porte-cocttere " rather than a
carport, it is not used for the purpose intended by the applicant and
that i.n his opinion, there ie no reason by which the applicant cannot
construct a normal garage at the rear of her property.
There being no further protests, !trs. Taylor \.ras granted
of the Floor to reply to points raised by the opposition.
the privilege
Reiterating prior history regarding the removal of the original garage,
Itlrs. Taylor stated that the rocky terrain at the rear of the property
would be too costly to remove to locate a garage, the appearance of the
carport is in keeping with present day architecture. to require the
removal of a small portion of the building to provide space for the
carport would create con8iderable inconvenience and expense and that the
applicant is requesting a variance in a manner set forth in the Code.
Itlr. Raule Hurtado, 206 Ho\rard Avenue and Uias Dahlberg, 125 Occidental
Avenue, spoke briefly in favor of the applicant's request.
424
lFhe Chair thereafter declared
members of the Council .
the hearing closed and referred to
Councilman Martin questioned Urs. Taylor concerning the landscapingat the rear of the property, who advised that the "natural rock" was
placed after the removal of the original garage in the rear yard and
the denial of a building permit to construct a carport at the front
of the property.
l.tr. ward, in reply to Councilman Martin, concerning his reaction
locating a carport similar in design to his porte-cochere at the
rather than at the back of the building, stated that it would be
"more sightly. "
to
side
Councilman Johnson questioned the applicant personally on the long
interim bet\./een the application for a garage building permit and the
current application, who advised that she "waited until she believed
she was entitled to it."
To Councilman Johnson's inquiries coneerning the "reduction of light"
affecting the home of l,tr. Ward by the carport construction, Mrs. Taylor
referred to photographs in evidence to support her statement that an
open construction, seven feet in height will not create a nuisance.
Ur. Ward pointed out that the roof would be visible from his window.
Councilman Johnson expressed the opinion that the "ideal location to
place a garage would be at the rear of the property.'
For recordation purposes, Councilman Johnson reported that she had been
approached to answer inquiries following the initial hearing and had
consented to ansvrer only the following with respeet to the subject,
each affirmatively, that (1) the construction of a carport is the only
issue involved; (2) the construction may proceed without a variance
if a survey indicates that lega1 space is available, and (3) if
applicant elects to withdraw the application, the hearing can be
terminated .
Councilman Diederichsen, referred briefly to prior history affecting
the property, stating that in his opinion, there is adequate space
available to construct either a garage or a carport elsekhere thanat the front of the buildingr that he questioned the precedence given
to the ereetion of a swinming pool prior to the construction of a
garage, and having heard evidence that the proposed construction fails
to meet two of the code requirements, Council would be remiss in
approving the application.
Councilman Crosby, speaking of Councilman lr{artinr s and his pereonal
visitation to the subject property, inquired of the City Planner on
the possibility of erecting a porte-cochere at the rear thereof.
Ttre City Planner advised that frdn a building standpoint, it is possible,
and replying direct to the inquiry, stated that "if Council wanted to
permit this type construction, .it would, in a sense 'make it 1egaI ."'
In reply to further inquiries from Councilman Crosby, the City Planner
advised that construction of a porte-cochere may be approved by
Council and a condition included that "both ends remain open."
councilman Martin's inquiry to urs. Taylor concerning the applicant's
reaction to the suggestion that a porte-cochere, instead of a carPort
be constructed, prefaced a consultation with the applicant and a
recess declared by the Chair at 9:50 p.m.
CALI TO ORDER
The meeting was again cal]ed to order by the Chair at 10:OO p.m
4"5
HEARING CONTINUED
t{ayor ceorge referred to councilman }lartin, who in turn rePeated his
inquiry to l{rs. Taylor, adding also, whether the applicant would agree
to relocating the construction twenty feet to the rear.
Mrs. Taylor indicated agreement vrith the proposal.
Councilman lr{artin referred to tlr. ward, requesting his opinion on the
compromised p1an.
!1r. ward stated that in his opinion, "this is a case permitting a
structure on the property line r.vhen there is available space for a
garage" and thereafter conceded, following further questioning, that
the proposal is an improvement from that requested by the applicant.
Councilman Martin moved that a variance be approved to permit the
construction of a porte-cochere on the south side of the building, to be
located within the area bordering the side yard setback line and twenty
feet of the property at the rear of an existing fence; that a building
p1an, verified by the signature of either a qualified architect or a
qualified desigmer be submitted to Council for approval .
The motion was seconded by councilman crosby and unanimously adopted.
COMMI'NI CATIONS
1. ACCEPTANCE SCHEDI'LE II-BAYSIDE DISTRIET
A comnunication from the City Engineer, dated June 20, L965, advised
that a final inspection made of the underground utili.ty improvements
eonstructed by contractors Wenrid( and Associates, for the Bayside
Improvement District under Schedule II, indicates that improvements
meet plans and specifications.
A memo from the City Uanager, footnoted in the project report from the
City Engineer, recommended that the work be accepted as complete.
RESOLUTIOTiI NO. 41-66 "Acce pting Underground Utility Improvements Bayside
Improvement District - Schedule 2" was introduced for passage on motion
of Councilman !4artin, seconded by Councilman Johnson and unanimously
adopted upon Ro1l Ca1l .
2. PERI{ISSION fO REI.{OVE ELM TREE
A communication from the City Manager, dated June 30, 1966, advised that
a report from the Police Department, in response to a request from
Engeling Enterprises for permission to remove an elm tree to permit a
driveway construction at 1320 E1 Camino neal , indicates that from a
standpoint of safety, the tree should be removed.
It was the recoronendation of the City I'{anager that permission be granted
upon condition that the tree be replaced and planted at a more appropriate
locat ion
1[he Chair advised of his conversation with a member of the Park Conunission,
suggesting that construction plans be altered to permit the tree to remain.
Mr. Ronald D. Carter, Attorney, representing the applicant, spoke briefly
on the hazard.ous condition and the physical impossibility to properly
execute a right-hand turn into the driveway. Ur. Carter also decLared
the willingness of his client to replace the tree.
426
A motion was introduced by Councilman Crosby that permission begranted and that the applicant confer with members of the park
Commission on a suitable type of tree replacement. The motion was
seconded by Councilman ilohnson and unanimously carried.
3. RE-PAVING PROGRAII
A memo from the City Manager, dated June 30, 1966, announced July 24,
and July 25, as dates scheduled to repave Burl ingame Avenue, with the
downtown streets of Lorton Avenue and Park Road to follow thereafter.
The City llanagerrs notation that if Council has no objections, the
"angle on Burlingame Avenue shall remain as it is currently, " drew
inguiries frorn Councilman Crosby and Councilman Martin on the ,,abandon-
ment" thereof to consider "parallel" parking on Burlingame Avenue.
The City Engineer reported that a Council decision at the
meeting of July 18, would stil1 allow a sufficient period
to proceed with the program as scheduled.
regular
of time
The City Itlanager was requested
study meeting agenda, JuIy 13,
to place the subject on the Council
L966.
4. PROGRESS REPORT BROADWAY OFF-STREET PARKING IOT
A memo from the City Manager, dated June 20, 1966. advised that the
city has obtained possession of two premises for a Broadway parking
Iot and announced the following bids received for the demolishing,
clearing and cleaning of the lots:
Councilman Diederichsen moved
the contract for clearing the
and unanimously carried.
National Demofition Corporation
Knapp Excavators
$1 , 337 .00
91,22s.00
that the Knapp Excavators be awarded
area, seconded by Councilrnan ilohnson
The city Engineer, in reply to inquiries from councilman lvlartin
concerning improvements to an existing City parking lot on Paloma Avenue,
suggested, with Council concurring that a contract converting the
property into an off-street parking facility by installing lights,
proper drainage, striping and related improvernents also j-nclude the
Paloma Avenue lot.
A memo from the City t4anager, dated June 30, 1966, advised that the
Fay Improvement Cornpany, under contract for the Cuernavaca Park
improvement, has requested permission, through its representative,
Irtr. Martin Berry, to conduct a one-day haul of the excess dirt removed
from Cuernavaca Park to private property south of the canyon area.
The City Manager was requested, at the
to confer with the Park Superintendent
necessary in the wildlife canyon area.
suggestion of Councilman llartin,
on maintenance work that appears
A motion was introduced by Councilman Martin, seconded by Councilman
.fohnson and unanimously adopted, that the dirt hauling operation be
authorized with the contractor to assume any and all liability arising
therefrom.
5. ONE-DAY DIRT IIAI'L AUTIIO RIZED
In repLy to Council, the City lqanager advised that the hauling operation,
consisting of approximately twenty to thirty loads of excess dirt
shal1 traverse Argue}lo Boulevard.
427
6. "COMPREEIENSIVE SEWERAGE STI'DY " ACKNOI.ILEDGED
A memo from the City l!{anager, dated ilune 3O, 1966, concerning the
presentation of a " Comprehen s ive S*erage Study of San l{ateo County,'
prepared by the consulting firms of Wilsey, Ean and Blair and Uetcalf
and Eddy, wag ad(norrledged and the report referred for 6tudy at the
council study meeting, July 13.
7. TENTATIVE IIIAP "VIEWIAISD ESTATES" APPROVED
A comunication fro the city Planner, dated June 28, 1966, advised
that a tentative map, presented by Johnston and Rhoads, ownerg of
tuo parcels of land on La lleaa Drive, proposing the subdivision of
eight lots ("Visland Estates") uas considered and thereafter approved
by the Planning comniggion at its regrular meeting on June 27, L966.
Tle City Planner, in reply to lrtayor George, advised that the nap
received by Council includes all conditions set forth by the Planning
Comission.
Councilman lt{artin noved that the tentative Eap of the proposed "Vietland
Estates' Subdiviglon be approved, seconded by Councilnan Johnson and
unaninously adopted.
8. DOG NUISANCE COI{PLAINT (1300 block Colurnbus Avenue )
A cmunication from Ronald E. Durkee, 1353 Colutubua Avenue, dated
irune 28, 1966, urging the adoption of the proposed "dog-control"
ordinance, wag referred wtth related infomation, to the study meeting
of council, iruly 13, 1966.
RESOLT'TIONS None
ORDINA}ICES None
1. REVOCABLA PERI(IT TO RECINHATIOT{ DISTRTET
A neno fron the City lt{anager, dated June 28, 1966, referred to a
revoca,ble permit proposed for the Recla[ation District at its requeat
and for the purpoae of hauling earth, dirt and fill naterials over an
acceaa road in the area of the city Dunp to the weat end of the District.
The City Attorney adviged that the document, prepared by his Office,
was circulated anong nernbera of the Cityi I staff for revieo and the
terin! set forth are in accnordance with an understanding reached between
Council and the applicant at a recent study ueeting.
ttre City llan.ger referrd to a drange in condition "f,o. 12," anendedto read: 'Pernittee eha1l not operate or allor to be operrted over said
real property any vehiclea except at 'average' nininu0 tiEe intervals
of two (2) ninutea.r
!lr. CYrus ir. ltcuillan, Attorney, repreeenting the Reclamation District.
concurred rrith terns described within the " Revocable Penrit."
RESOLUTION !IO. 42-66 'Authorizin g D(ecution of Revocable Pernit OverCity Lands to Reclaration Di8trict No. 2097' uas introduced for paaaagc
on mot ion of Councilnan irohnson, eeconded by councilDan li{artin and
adopted unaninously upon Roll Call.
REPORT RE: WEST BAY RAPID TR,ANSIT
Councibaan piederichaen reported on hig attendance aa Council represen-tative to a recent Eeeting of the West Bay Rapid fransit C@rittee at
which tine it waa stated that it is anticipated that a rapid transitplan will be available early in 1967.
T'NFINISEED BUSINESS
428
NEW BUSINESS
1.NORTIT @I'Nry COI'NCIL OF CITIES
Councilman lltartin, Chaiman, North County Council of Ci.ties, announced
the next neeting of the North County Council of Cities has been sctreduled
on Thursday, July 7, L966, :fhunderbolt Hotel, lrillbrae, 5:30 p.n.
2. CIT'MTT II'NCTIEON UEETIITG CA}ICEI,LED
Dlayor George announced that a luncheon rneeting scheduled by the Boardof Supervisors for wednesday, JuIy 6, 1966, Il:3O a.m., at the Holiday
Inn to discuss hrith North County Cities the question whether Supervisors
should be elected by districta or at large, has been cancelled.
Councilman Johnson, Council liaison to a conmittee comprising mernbersof the North County Council of Cities, reported on her attendance at a
recent meeting in Daly City utrerein it was learned that only San Francisco
County and San lrlateo County elect supervisors 'at large.'
3. TI'T{NEL FIRE IIAZARD
Councilnan Johnson commented on numerous inquiries she has received
with regard to fires being started by chiJ.dren in a drainage culvert in
the vicinity of the Southern Pacific Railroad tracks and North Lane.
The city llanager reported that the southern Pacific Company has
installed a barricade to el ininate further incident.
4. WESIERN GR THOI'IID LIIIES
ayor George acknowledged receipt of a comunication frou western
creyhound Lines, announcing the resumption of the Grelihound Bus
service and comending the citizeng of Burlingane for their patience
during the period of tlre recent strike.
REFERENCE TO PRIIIROSE RON) INTERSECTION HAZARD
ltayor George, in referring to a paragraph within the minutes of the
Health, safety & ?raffic Comnission, concerning the installation of
pedestrian "walk" - "don't walk" signs at the intersection of Primrose
Road and Burlingame Avenue, expressed his intereet in placing the
re conurendat ion into effect.
lrhe subject was referred to the City ungineer for conaultation with
the city Electrician on the poesibility of adding the sigms to the
present signals for report to Council.
ACKNOWLEDGUENTS
llayor ceorge acknorpledged receipt of Uinutes frfil the Eealth, Safety &
Traffic Commission and the Planning Comnission; a rePort from the
San Uateo County Public Eealth & Welfare DePatrment t and rosters of
officials from the Cities of It{il}brae and I{enLo Park.
AD.'OURN!,TENT
llhe meeting was regularly adjourned at 1I:10 p.n.
RespectfullY suboitted,
)
APPROVED:
\A---l
EDWARD D. GEORGE I,IAYO
HERBERT K.TE, CIry CIJERI(
/.,