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HomeMy WebLinkAboutMin - CC - 1949.03.1451 BurliIlarch"ffl"i CalL fornla 949 A specLal meetl-ng of th6 Burlingarre Clty Councll was heLd on the above gi.ven date, a1-l membe::s having consented to the holdlng of the meetlng at the last regular meeting of the City Council held on L{arch 7, !949, Ileetlng called to order at 8:1O p.m. - }Iayor Sinond.s in the Chsir. Ro1I CaI1: Present - Councllmefl: Dahl-Harper-IIunt-Love-Slmonals Absent - CouncLLrnen! None ldayo:r Slmonds stated that the purpos e of the special meetins wag to hold hearings on two petitlons subnitted to the City Councll. The Cj-ty Clerk read the fo].lowing com:runicatlon, dated Febt'tlary 28, 1949, Ilom the Plannlng Cormiss5.on of the City of Br:rllngame, con- cernlng the petltlon of Richard P. Hanna, reques-tlng that e stripof land in the creek area ln the vlclnity of Howa?d Avenue and E1 C amino ReaL be rezoned: nAt tlre Regular Ueetlng of the Clty Plannlng Conra5.sslon, !'ebruary 24, 1949, the Plaanlng Commlssion r evlewed lts cornaunl cati on october 15, 1948, relatLve to rezon5.ng the strip of land ln the creek area in the vlelnlty of Eouard Avenue and E1 C snLno Rea1. fn order to cJ-arl-fy that conqnunlcatlon, ttre follorving was adopted as belng added there-to: 1. That a perr:rit be granted to use commercially the flt:'s t 189.67feet northerly from &1 CamLno Rea1, moasuned along the Easterly slcle of the 20 foot strtp. This area represents the extension of the existing servic€ statLon use across the creek. 0n thls po::tlon thene is to be no thor.ouflrfare for vehicular traffic leaving or eIrterlng !1 Camlno Real; and no br:rilding sha1l be constructed ontlis portlon of the ar,ea unless Lot IO-C adjoinlhg the cneek a::ea on the lfest shall be zoned for cornierclal use. 2. That the balance of the area be rezoned to cornnercial subjectto the follorting limitatlons: In this area there shall be no bulld- ing uppn the Vres terly IO feet of 20 foot s trJ.p adJacent to Lot IO-C unlesg the sald Lot ]O-C sha11 be zoned. for commer:ciaI use. 6. The cr:eek area shall be enclosed rvith a concrete culvo:rt, the deslgn of whLch shall- meet with the approval- of the City Englneerp. Any building. constructLon wlthln the 2O foot strlp shall be based on foundatlons separate from the culvert s tructr.u?e. 4. ltro sanitary p1u.nblng or piping shalL dls charge lnto the creok. Stom water nay be dralned into the c::eek.ll It{::. Luther Carr, attorney, representlng trlr. Rlchard n. Hanna, ad- dressed the CounclJ. stating that he was in f\:11 accord vrith the s tlpulatl.ons recornmended. by the Plarning Cor.rrdsslon. Ifayor Sinondsstated that the Councl]. rere apprehenslve as to nhether ldr. Earula would malntain tl:e bulkhead as it nou exlsts on E1 Canlno Real, to whlch llr. Carr repllecl that hls cIlent has no intention of perralt-ting +-n6 use of the area as a through alleyway from Primnose Roadto EI Canlno Rea1. Mr. Roy T{. Seagraves, attorney, representlng asubstantial group of busLnessmen, addressed the Council- and protested the grantl,ng of the rezoning. lJr. Seagraves stated that severaL busines.;men are formulattpg plans for sr-rbmlsslon to ttr.e Clty fo?the crcatlon of a slzeablE parillng area, wnlch would take ln thearea covered in t he petitlon and ulth the ti'rouglrt of creatlng an assessment disbeict lf necessary to acquLre the property not a1-ready contr.olIed. I{e requested that in falrness to all, the nsttershould be set aside for a sufficient tlme to enable the plans to becorrpleted. FoJ.lowlng fl:r ther discussion, lt was polnted out thatthe 20 foot creek bed would be cover6d with a culvert and would J.np::ove rather than jeopardize the property Ln the event plans areproposed to @eate a pa:rkJ.ng area. C or:Icllman Har?er thereuponmoved that the CourrcLl concur ln the recoronendatlon of t ire planning Cor.Brisslon sub ject to cortai,n lfuaitatlons, and wi th r:nders tand.ingthat the bulkhead be naintained on EI Canlno gn.l that the Ctty At-torney be instnucted to prepare an ordinance .lffecting the p::oposed.change. The r'rotLon wag seconded by Cor:nc llrran Dahl ana fotlowing a 52 ro1L ca1l of Oouncil members, was unanimous 1y carried. The second petitlon, concerning tho appllcation for a varlance of Lots I and 9, Block 17, Tosm of Burlingar:e, signed by Leo W. !.,leyer, was presented to the CouncLl. The City Clerk read a eomnunicatlon, dated February 28, 1949, from the PLannlng Com'irleSion ln whlch the Councll was advlsed that folLowing a hearl,ng on the applicatlon the Comnissicn voted to deny the petltlon. l,Dr. Homer Stack, and 11r. R.D. ..IalJ<, p!?operty owners ln the vicinity Ln questlon, addressed ttre Council a.jrrd protested the variance, statlng it would be detrfuaentalto establish a corunerclal parklng 1ot in the nelghborhood. l{r. Dean Meyer, repr.esentlng Leo ll. ldeyer, the petitlone?r was presont and spoke briefly ln ldr. lileyer I s behalf. FolJ.owlng further discusslon, Councllman Dslll moved that the Councl]- concur lnthe ::ecomrnendatl-on of the Plannlng Conmisslon end the appli.cation for a variance be denied, seconded by C ouncL laran Love and followinq Rol1 CaI1, was. unan5.nous ly carried. 1{r. Roy W. SeagSeves, attorney, addrgssed the Council, with an appeal that the Council take action )6"e requesting that the DLl'ec-tors of the l{ospltal District reconsidor theLr selection of ttresite on El Canino Real north of Ray Park for the proposed cons truc-tion of a hospLtal, rather than the sLte p:reviously selected on Itfl].Ibrae Avenue. Each Councilnan, in turn, expressed themselves as belng in favor of the slte on MiUbrae Avenue, and foJ-lowlng ftr-ther dlscussion, Cor:nci Lman Iove introduced a resolutj.on, wherebythe Councll request that the Dlrectons of the llospital Dlstrlct recon*glder thelr selection and agaLn attompt to reach an amLcablesettlement, seconded by Councilman Dahl and camled by the unanl- Eous afflrmative vote of the CounclL members. The Clty Attorneyras lnstnrcted to prepare a nesolution to be comnunlcated to theDirectors of the Hospltal DLst"ict. IIJ. Seagraves aIso suggested that the Councll aid in the actLon tosee that Brr,::11-nga:ne ViJlage and Rey Park are Lncluded ln theino to1Irr area of the Telephcne Companyr s Exchange. Ifr. Seagravesras assured -r,hat the CouncLl Ls ln f\rIl- accor:d wlth hls suggestJ.orx There belng no further business, on notion 63 66slsltnen Dalrle seconded by C ouncllman Ear?en' snd unanlmous Iy carrLed, th6 neetLng ad J ourrre d.. Re spectf\r1Iy subrnS.tted, I{ERBERT ]IYIIITE Clty Clerk APPROIT,TD: a u. ,s.. srl(oifDs, JR. Uayor