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HomeMy WebLinkAboutMin - PC - 1959.08.24CITY OF' BURLINGAME PL TTNING CO'tk1IS#ST0N August 24, 1959 COMMISSIONERS PRESENT COFR4ISSIONERS ABSENT OTHERS PRESENT Diederichsen Hunter (Resigned) City Attorney Karriiel Henderson Norberg Asst. Eng. Rebarchik Kindig Stivers Plan. Cons. G . Mann Martin Bldg. Insp. Cunningham CALL TO ORDER A .regular meeting of the Burlingame City Planning; Commission was held on the above given date. Meeting called to order at 8:00 p.m. - Chairman Kindig presiding. Commissioner Diederichsen was appointed by Chairman Kindig to serve as Seevetary Pro Tempore. Commission Stivers, having advised the Commission of his absence from the City on this date, was excused from the meeting. MINUTES PREVIOUS MEETING The minutes of the regular meeting of July 27, 1959, and the minutes of the study meeting of August 10, 1959, as submitted to Commissioners previously, were unanimously approved and adopted. COMMUNICATIONS 1. BURLINGAME GUEST_ HOUSE_ _VARIANCE SET FOR HEARING SEPTNMBER 14. 1959 A communication was read from Mrs. Pearl M. Pennington, dated August 13, 1959, requesting an earlier date than the scheduled September 14, 1959, to conduct a public hearing on her application for a variance to permit the conversion of a four -unit garage into a kitchen and dining room area. Mrs. Pennington, in attendance, was advised by the Commission that to conform to ordinance regulations, a sufficient period of time is required to permit the mailing of notices of hearing, thereby rendering It illegal to conduct a hearing prior to September 14- Commissioner Diederichsen moved that the Commission adjourn the meeting on this date to September 14, 1959, at which time a public hearing would be conducted on the application for a variance as previously described. The motion was seconded by Commissioner Henderson and unanimously carried. 2. RESUBDIVISION AMOROSO PROPERTY MILLSDALE INDUsTRIkL PARK, HELD FOR ACTION SEPT,7MBn. 14, 1959 A communication dated August 18, 1959, was read frorr. the real !',,trite firm of Coldwell, Banker &: Company, concerning the resubdivision of the Amoroso site in Millsdale Industrial Park and requesting the Commission to consider the resubdivision maps at its meeting August 24, 1959, and to take final action at the meeting; of September 24, 1959. The Planning Consultant advised that the resubdivision proposes the establishment of four lots, located within the new area of Millsdale Industrial Park, said maps of which have not been examined by the Office of the City -Engineer and the Planning; Consultant. There being no objections, a brief study meeting was the adjournment of the current meeting, with formal at the adjourned meeting of September 14, 1959. PETITIONS scheduled following action to be taken FINAL MAP BURLINGAME MANOR NO. 2 ACCEPTANCE TEMPORARILY WITHHELD A final map of Burlingame Manor No. 2, comprising Lots 1 through 7, Inclusive, on La Mesa Drive, with frontage on Hillside Drive and Lot 8, fronting on La Mesa Drive, was submitted for Commission approval. Chairman Kindig recalled that at a previous meeting the tentative map was approved with several reservations and questioned whether said reservations had been complied with. The Planning Consultant advised that the principle issue was that of the method of carrying the storm waters by providing adequate storm drainage facilities. A representative of the owner -developer advised that a field survey is contemplated prior to indicating the drainage easements on the map and offered the suggestion that the Final Map be approved subject to the granting of drainage easement deeds to the City of Burlingame. In a discussion that followed, members of the Commission expressed reluctance to approve a final map without the description of the drainage easements indicated and without the appearance of the signature of the Pity Engineer on the map. A motion was introduced,by Commissioner Diederichsen that action be withheld until the meeting of September 14.. seconded by Commissioner Martin and unanimously carried. - 2 - HEARINGS 1. VARIANCE - CHARLES H. SEYMOUR. 1212 BURLINGAME LANE Chairman Kind ig announced that this was the time and place scheduled to conduct a public Dearing on the application of Charles H. and Harriet L. Seymour for a variance from the zoning regulations of the City of Burlingame to permit a C-2 Use (Service Business) in a C-1 District (Retail Coamuercial. ) A letter dated July "15, 1959s was read from Mr. Seymour, advising that in 1947 plans were drawn and a permit issued for a building at 1212 Burlingame Lane to be used as a general type of shop building; that since its construction it has been used for numerous tapes of automotive and mechanical repair shop businesses and because of Its location on an alleyway*, it is impossible to conduct a retail type of business. (C-1) Mr. Seymour, in his communication, requested that in consideration of its use over a period of many years, that the present C-1 classifica- tion be revised to a C-2 classification. Chairman Kindlg recognized Ifr. Seymour, who spoke personally on the request and in reply to Commission inquiries, advised that his tenant, Mr. Eugene Miller, intends to conduct general automotive repair work exclusively and that said repair work does not include body repair or painting. Mr. Seymour called attention to an automobile repair shop currently located in the alley immediately across from his building. Mr. Robert Towle, speaking for and in behalf of Bruce Kirkbride, owner of property housing apartment -house residents within the area, stated that Burlingame Lane is narrow and congested and some of the tenants find it difficult to receive delivery service; that a C-2 zoning would constitute an encroachment upon the rights of others in the area and tend to devaluat the properties. C. J. Payette, 232 Park Road, Burlingame, (Gaffey•Building),spoke on the nuisance created by members of a hot -rod club using the alley- way in the past, but admitted that the new tenant, Mr. Miller, has done considerable to eliminate abuse of the property. Mr. Pai�rr 4te expressed his concern that parking congestion would handicap/F re Department responding to fire calls at the rear of the apartments. In response to Commissioner Martin's inquiries, Mr. Seymour advised that the building had been used continuously in the past as an ( "automatic repair shop and said use has not been detrimental to the public safety or injurious to the property or improvements of other property owners. The Planning Consultant, in response to the Chair's inquiries, advised that the application merely requests "a change from a C-1 use to a C-2 use" and to conform to legal requirements a variance must stipulate a definite use. — 3 — The Planning Consultant stated that he has received inqu—Irles from neighboring properties concerning the hours during which the business shall be operated and the potential parking problems. On the latter issue, the Planning Consultant advised that under no circumstances should parking be permitted; that the ten foot alleyway was placed by property owners to provide a rear service road. Commissioner nieder'ichsen expressed concern that if the variance were approved, a precedent may b established whereby other stares in a similar position, may use the front building as "C-l" and the rear building as "C-2." In further reply to Commission questioning, Mr. Seymour advised that the building is recognized as an independent building and is indicated on a city map as "1212 Burlingame Lane;" that a considerable sum of money has been invested in the property and because it was constructed as a shop building, a hardship would be created if he were not permitted to use the building for the specific use Intended. The Planning Mitim ltant, in reply to Commissioner Martin's inquiries concerning whether the issue would be classified as a "non -conforming use," advised that the question has arisen; howo ver, in his own personal opinion, the property has scot been used as a non -conforming use for a period of six months and therefore a variance is required. Commissioner Martin stated that the subject of a non -conforming use has been before the Commission on previous occasions and in his opinion, the application in this instance, should not be granted. Commissioner Henderson stated that the building is appropriately- suited for automotive shop purposes and thereupon moved. that the variance be granted with the stipulations that the business operation be limited to the hours between 8 a.m., and. 6 p.m., six days a week, that no body work or painting shall be conducted and the use thereof granted to the lessee of the property and not transferrable. The motion was seconded by Commissioner Martin and a roll call vote recorded as follows: Ayes: Commissioners: Diederichsen-Henderson-Kindig Noes: Commissioners: Martin Absent Commissioners: Norberg-Stivers (Hunter resiCned) The hearing was deelared concluded. 2. VARIANCE - HII;LHAVEN CONVALESCENT HOSPITAL APPLICATION DENIED The Chair announced that this was the time and place scheduled to conduct a hearing on an Application submitted by the Burlingame Development Company in behalf of the Hillhaven Convalescent Hospital, 1609 Trousdale Drive, requesting a parking variance of twelve automobile parking spaces. The Chair reca.1. ed that at the study meeting, of August 1-0, 1959, Commissioners reviewed a set of plans and during the course of dis- cussion, it was suggested that the required number of off-street parking spaces may be made available by a rearrangement of the building plans. A letter was read from Cleor'e C. Roberts, Secretary, Hillhaven, Inc., dated August 21, 1959, advising the Commission that the plans have been revised, placing the proposed addition back five feet for a total front set back of twenty .feet and rendering it necessary to request a variance in the rear set back in obder to provide the required parking in front of the building. A letter dated August 21, 1959, was read from J. T. McCormick, Regional Control Manager, E. I. DuPont De Nemours Company, 1600 Trousdale Drive, entering objections to the proposed variance because of a potential aggravated parking problem. The Chair reeognizeda Mr. Gillis, representing the applicants, who personally advised of the alteration in the building plans, stating that the new addition will create spaces for a total of forty-seven beds and that under the requirements of the ordinance, there will be a shortage of two parking spaces. Mr. Gillis, in commenting on the objection raised by the DuPont Company, stated that to his knowledge, parking has not been a major problem in the area and other tenants in the vicinity have expressed no objection to the proposed plan. Mr. Jack Hornstein, representing the Burlingame Development Company confirmed the statements of Mr. Gillis. Questioned by the Commission, the Planning Consultant advised that the proposal to use the rear set back to provide off-street parking in the front of the building is reasonable. He further advised that the rear portion of the property faces hospital property and the variance, if approved, would not create a hardship to the other owner or to the City; however, the use of the landscaped area for the parking of automobiles should be given consideration. Prank Morin, Assistant Administrator of the Peninsula Hospital, representing the Iospital Board of Directors, stated that the Board has indicated that there would be no objection to the extra five foot set back at the rear of the property. Commissioner Martin stated that he had no objection to the rear set back, but was concerned with the appearance of a number of auto- mobiles parked directly in front of the building.; but visible from Trousdale Avenue. %.. 5 - Zhalrmtar martin questioned whether the proposed addition may be revised to provide for a rei3ser ramber of beds and to include sufficient parking space to conform to ordinance requirements. 11r. Gillis replied by stating that the need is urgent and it would not be economically feasible to erect an addition to the building to provide for a small number of beds. Following further discussion, Commissioner Diederichsen prefaced a motion that the application be denied, stating that the proposed plan destroys the aesthetic value of the property and in his op&pion, a more appropriate plan should be submitted. The motion was -seconded by Commissioner Henderson and declared unanimous following a roll call vote. 3. SPECIAL PTRMIT - ALTERATIONS FIRST PRESBYTERIAN CHURCH APPROVED The Chair annourn ed that this was the time and place scheduled to conduct a hearing on the application of the First Presbyterian Church of Burlingame, 1308 Balboa Avenue, for a special permit to construct a two story educational addition and alterations to existing buildings. Mr. Stan Pauch, representing the church properties, described the proposed new construction and the Commission was advised that parking requirements have been met satisfactorily, the maps have been checked by the Engineering Department, the construction will not project into a small strip of city -owned property and said addition and alteration shall conform to .the architectural structure of the present buildings and surrounding properties. Mr. and Mrs. J. R. Brooks, owners of rental property immediately adjacent to the church properties, called attention to the parking problem, particularly on Sundays and were advised that although the situation is regrettable, it was beyond the jurisdiction of the Planning Commission. A suggestion was advanced that the problem be called to the attention of the City Council. Following a brief discussion, Commissioner Henderson moved that the special permit be granted, seconded by Commissioner Martin and unanimously carried on roll call. RECESS A recess was called by Chairman Kindig at 10:05 p.m. CALL TO ORDER The meeting was called to order at 10:15 p.m. - 6 - HEARINGS CONT:II4'UED It. VARIANCE -. 1.5.39-1543 LOS ALTOS DRIVE SETa"'XK3 APPROVED The Chair announced that th.s was the time and place scheduled to conduct a hearing on the request for a variance to legalize an encroachment into the five foot side -yard setback area, involving two new residences, 1539 and 15h 3 Los Altos Drive, £curlinFame. A communication dated August 10, 1959, was read from George F. Congdon III Construction Go., Inc., advising that during the construction of two new residences, an Improvement, adding an area 2 feet by 9 feet to each home, resulted in an encroachment of two feet into the five-foot side -yard setback area. The communication further stated that the violation of the building code was called to his attention by the Building Inspector upon completion of the homes and a variance was therefor respectfully requested. The Chair recognized Mr. Congdon, who advised that the house proper is five feet from the property line and the cantilevered area projects into the five foot side -yard five feet above the grounds however, there is a minimum of nine feet between the two property lines. Mr. Congdon, in admitting his error, stated that the two homes were patterned from those he had constructed in the City of Millbrae and in conformance with that City's building setback requirements. In reply to Commission inquiries, Mr. Congdon advised that the two homes are in the process of being sold, with one prospective owner declaring his intention to close the transaction upon resolvement of this issue and the other transaction to close on September b, 1959. In a discussion that followed, DIP. Congdon was admonished for his failure to notify the Building Inspector of the revision in the original plans. Members of the Commission expressed the opinion that approval of the variance as requested may establish a precedent; however, it was generally conceded that the error was committed and little may be done to rectify the situation at this point without placing undue hardship upon the owner. A motion was thereupon introduced by Commissioner Diederichsen, seconded by Commissioner Henderson, that the variance be granted. On the question, Mr. Congdon replied to Commissioner Martin's inquiry, stating that final,inspection has been made and completion notices have been released. Also in reply to Commissioner Martin's inquiry, the Building Inspector advised that certificates of occupancy are issued mandatorily upon completion of multiple dwellings and on request upon completion of residential property. A roll call vote was recorded as unanimous. L ANNOUNCEMENT Chairman Kindig announced receipt of a communication from Frank Skillman, San -' ateo County Planning Director, extending an invitation to a.t}end public: hearings on August 3.2, Aurust 261, 1959, on the proposed 11iaster Plan for San Mateo County. ADJOURNMENT There being no further business, the meeting w.as regularly adjourned at 10:45 p,m.. to meet September 14, 1959 Respectfully submitted, W. H. DIEDERICHSEN Secretary Pro Tempore