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.
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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.
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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.
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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.
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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