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HomeMy WebLinkAboutMin - PC - 1960.03.28CITY OF BURLINGAME VIANNING COMMISSION COMMISSIONM, S PR9S';,'XTT Diederichsen Kindig Martin Moore Norberg Stivers CALL TO ORDM COMMISS TONERS ABSENT He-nderson March 23, 196o O` "IRS PR;'.S .NT City Attorney Ka rmel City ngineer Ma rr Plan. Cons. Mann Bldg. Inspector Calwell A regular meeting of the Burlingame Planning Commission was held on the above date. Meeting called to order at 8:00 p.m. m Chairmen Kindig presiding. MIIdUTdS PR 3V IOUS ME �0ING Minutes of the regular meeting of February 23, 1960, adjourned regu- lar meeting and.study meeting of March 14, 1960, as'submitted to Com- missioners previously,, were unanimously approved and adopted. Pr'TIT IONS to PENINSULA. T&NXIS CLUB FENCE VARIANCE APPROVED. A communication from the Peninsula Tennis Club, 433 Chatham Road, Burlingame,, dated March 2, 1960p advised that facilities at the club are being expanded and requested a variance grant to permit existing 6 foot cyclone fences on the south, east and west property lines to be replaced with 10 foot cyclone fences. The communication explained that a 6 foot fence does not provide adequate enclosure for,the tennis courts. A site plan accompanied the communication. In reply to an inquiry from the Chair, the Planning Consultant stated that fences on school and playground properties are permitted to be higher than the 6.foot maximum. In the present instance, where it is a matter of containing tennis halls, the 10 foot height would appear to be in the interests of neighboring properties. Commissioner Stivers reported that after visiting the site he had no objections to the request. There being no protests received, oral or written, a motion was intro- duced by Commissioner Diederichsssen ctlhat the variance be a provv4ed to ss oner lYori�er�can eunaff mouslyrcarrfer$n roll°ca�ICH aBOr- WMbers present. H EA RINGS Public hearings,, pursuant to published notice, were held as follows: 1. R ESUBDWISION 0F_ PROPi `f_ ARC_ I:AY_ AND F;L CAMINO R3AL APPROVED. The application .of A reamino Apartments, as owner, proposing a resub- division of Lot 4 and portions of Lots 1, 2 &, 3, Block 5, Map of Sub- division No. 4 of Burlingame Park, hiving been reviewed at a previous study meeting, was submitted for formal consideration. The City Engineer; in reply to Chairman Kindig, advised that three lots are involved, which the owner wishes to combine into one parcel by deletion of interior lot lines. The City Engineer reported also that there are two storm drain pipes located on the property, which have been there for a number of years. In the event of new construction, it will be necessary to guard against disturbing the pipes or interrupting their operation. Philip B. Lygren, civil engineer representing the applicant, advised that the applicants were aware of the situation and prepared to comply with the City Engineering and Building Department requirements. The Planning Consultant, in reply to the Chair, pointed out that at the present time the property consists of three lots and three dwellings, which will be removed. To avoid a possible illegal situation, the . Planning Consultant suggested that the City Engineer not sign the resub� division map until such time that work commences on the project. There being no further comments, and no protests received oral or written,, a motion was introduced by Commissioner Martin approving the resubdivision as proposed, the City to withhold final acoeptanc a of the asap until existing dwellir4:,s on tho property have been removed. Lotion seconded by Commissioner rio= On the question, Sin reply to a protest from taffies Mitchell, architect representing the applicant, that the restriction would -not appear to be justified, the Planning Consultant advised that a single lot with three dwellings was contrary to City ordinances. The above -stated motion was thereafter unanimously carried on roll call vote of members present. The hearing was declared concluded. 2. VARIANCE - GUNNAR KLM APARTMMiT USE. SECOND RrSID�NTIAL DISTRICT An applicat'lon.for.a variance filed by Gunnar Klint, building contractor, requested apartment use of a lot located in a second residential district at 1117 Capuchin Avenue, Burlingame, A set of building plans of the proposed structure accompanied the application. A letter dated March 14, 1960, from the applicant advised that he pro- poses to demolish an existing structure, which because of age and size cannot be economically remodeled to present-day standards, and construct a six unit apartment building with one 1-bedroom apartment and -five 2-bedroom apartments. -2 A communication from Howard 0. Iiansen, owner of property at 1142 Capuohino Avenue, urged favorable action on the application. The Chair recognized Mr. Klint, in attendances who advised that the present application refers to a piece of property on the same street where he recently completed an apartment building under a variance grant from the Commission. The Planning Consultant, in reply to Chairman Kindig, advised that between Broadway and Carmelita Avenues,, this particular block on Capuchin Avenue is the only one not zoned for apartment use in the area from El Camino Real to California Drive. 'However,, the Commission within the a_ast several months has approved two variance applications ,for apartmexxt construction in the block and in each instance older homes were aced with attractive buildings. The Planning Consultant statOd that he felt the present zoning should remain until such time that new regulations have been written for multifamily districts. There being no protests received, oral or written, a motion was in- troduced by Commissioner Diederichsen that the variance be approved for apartment house construction in accordance with the building plans submitted. Motion seconded by Commission Stivers and unanimous- ly carried on roll call vote of members present. Chairman Kindig advised the applicant that the effective dste of tha variance was April _4, 1960, provided there was no Eippeal prior to that time. The hearing was thereafter declared concluded. 3. USE PERMIT ,PPRO :• - SHOOTER BROS INC. STORAGE CARD NO. CAROIAN AVE, A public hearing was held on an. application for a use permit filed by Shooter Bros., Inc., landscape contractors, for a storage yard at 1405 North Carolan Avenue. A site plan and elevations were filed as part of the application. A letter dated March 16, 1960, from the lave offices of Anderson & McMillan advised that an office building, carport and garage will be constructed, that a large area will be paved for off-street parking and for storage ofk equipment. A *chain link fence at the rear will be covered with ivy or similar planting. Mr. Arthur Shooter was in attendance and reviewed the plans at length with members of the Commission. Mr. Shooter advised that all storage of equipment and materials will be within the fenced area. There being no protests heard, a motion was introduced by Commissioner Diederichsen that the use permit be approved conditional upon con- struetion of an eight foot cyclone fence to enclose the storage area, Ivy or like vegetation to be planted to cover the fence; all material and equipment, with the exception of plants in containers, to be stored within the fenced area. Motion seconded by Commissioner Norberg and unanimously carried on roll eall-vote of members present. Chairman Kindig advised the applicant that the effective date of the permit was April 59 1960, provided there was to appeal prior to that date. The hearing was thereafter declared concluded. 4. VARIANCE - THOMAS S. WILLIAMS REAR YARD CONSTRUCTION 921 LINDEN AVE, An application filed by Thomas S. Williams, owner of property located at 921 Linden Avenue, Burlingame, requested a variance from the require- ments on rear yard set -backs to permit a bedroom addition at the rear of an existing residence to extend within the rear yard set -bank. A lot plan also a floor plan of the building; was filed with the applic- cation. A letter from the applicant dated March 15, 1960, advised that presently there is an open area of 193 3" between the house and the rear property line. The proposed room is to be 10 feet by 22 feet, leaving a rear .yard of approximately 9 feet. Chairman Kindig recognized Mr. Williams, In attendance, who advised that on one side of the lot, behind the bgarage to the rear property line, there is a yard area of approximately 511 feet. llowever, a bedroom ad- dition in this section of the house would not be satisfactory due to the location of the kitchen. The Planning Consultant, in reply to Chairman Kindig, reported that he had visited the property and found that there is ample open space on the lot because of the very large side yard. While the new room will reduce the rear yard below the legal 15 feet, there will be sufficient clear- anee for fire safety requirements. There being no protests received, oral or written, Commissioner Norberg Introduced a motion to approve the variance as requested, permitting less.than the required rear yard area, on the basis that the overall yard area on the property exceeds the oityss requirements. Motion seconded by Commissioner Moore and unanimously carried on roll call vote of members present. Chairman Kindig advised the applicant that the effective date of the grant was April 5, 19600 provided it was not appealed prior to that date. The hearing was thereafter declared concluded. 5. USE PERMIT APPROVED - BOARDING HOUSE lU0 BELLS VENUE A public hearing was held on an application for a use permit to operate a boarding house at 1430 Bellevue Avenue, filed by Mrs. L.M. Bowler, property owner, Mrs. G.E. Morel and Mrs. Lillian Miller, property lessees. Communications in protest were read from the following property owners: Alfred R. Teltz, 504-1 Almer Road; Francis A. Raymond, 502 Almer Road; Philip H. Angell, attorney representing Helen Feleamp, owner of property at 1422 Bellevue Avenue; James and Louisa Brace, 1415 Bellevue Avenue. A 11 of the protestants contended that a boarding house was a commercial operation and its location in a residential area was in violation of the city's zoning laws. The Planning Consultant,, in reply to a request from the Chair to describe the subject property, advised that the main building Is a -4© a large reinforced concrete structure. At the rear and attached to this building, is a second structure with rooms upstairs and garages below. In addition to these, there are two other buildings on the Property used as dwellings. The Planning Consultant reported that all of the struc- tures have been in existence for a number of years. In reply to an inquiry from the Chair, the Buildin{; inspector advised that there are 9 garage spaces on the property. Chairman Kindig recognized Nrs. Lillian Miller, in attendance, who ad- vised that she and Mrs. G.E. Morel wish to lease the main building, which has been and is presently used as a rooming house and continue the operation with the addition of breakfast and dinner meals. Mfrs. Miller stated that there will be a maximum of 7 boarders and one resident at- tendant - meals to be served only to those residing in the house. Reference was made to restrictions applicable to rooming or boarding houses, as provided in Section 1928, sub -section B-2 of the Ordinance Code. In reply to an inquiry directed by the Chair to the Building Inspector, Commissioners were advised that an inspection was made of the property, in company with the City Fire Inspector and a representative from the County Health Department. The main building, in partieulr.r, was found to be in excellent condition. With the addition of a second means of egress from the second story, the Building Inspector expressed the opinion that the building was well qualified for boarding house use. Mrs. Lola Bowler, owner of the property, stated that she recently pur- chased the property. Under the previous ownership, the main building was used as a rooming house and she has continued this operation. Mrs. Bowler stated that she has received requests from people in the house for kitchen privileges but rather than provide this service she would prefer to lease t' building to someone interested in preparing meals at regular hevae.�, Mr. W.E. Chambliss, 518 Almer Road, protested that a boarding house Mould down -grade neighboring properties. Mrs. J.L. Mathias, 1435 Bellevue and Iira. L.E. Preston,1441 Bellevue, requested that the ap- plication be denied. Both speakers acknowledged that they were aware that the building had been converted from a private residence to a rooming house in the early.1940es. However, the addition of meal ser- vice would change- the character of the use and set a precedent for other business ventures on the street. Commissioner Martin commented that with installation of an additional exit from the second story, to meet fire safety requirements, the boarding house would appear to be a legal use. Commissioner Stive rs stated that he was in sympathy with property owners who were fearful of commercial inroads into the neighborhood. Any action by the Commission should emphasize the impossibility of a public dining room. Commissioner Diederichsen expressing his objection to boarding houses In residential district, Introduced a motion to deny the use permit. Motion seconded by Commissioner Stivers. The motion was declared lost on the following; roll call vote: AYES: COMMISSIONERS: Diederichsen,-Stivers NO'&S: COMMISSIONERS: Kindig,.Martin, Moore, Norberg ABSENT COMViISSIOXERS: Henderson A motion was thereupon introduced by Commissioner Martin that a use permit to operate a boarding house at 1430 Bellavue Avenue be granted to Mrs. G.E. Morel and Mrs. Lillian Miller, the.operation to comply with the requirements of the ordinance code, plus the following specific conditions: breakfast and dinner meal: may be served, the boarding house may not be identified by any type of advertising sign on the property. Motion seconded by Commissioner Moore and declared carried on the following roll call vote: AYdS : COMFLISSIO11KRS : Kindig, Martin, Moore., Norberg, Stivers NO3S : CORMISS IO ERS : Diederiohson ABS%.IIT CoNIMISSIOliERS : Henderson Chairman Kindig advised the applicants that the effective date of the permit was April 5, 1960, provided that it was not appealed prior to that time. Prior to declaring the hearing concluded, Chairman Kindig commented, that on the basis that the rooming house has been in operation for some time, that there is off-street parking and the building is in excellent condition,, It is the opinion of a majority of the Commission that addition of meals to the established operation should not have an adverse effect on neighboring properties. R3CdSS (10:05 P.m.) The Chair announced a five minute recess. CALL TO ORDER The meeting was called to order by Chairman Kindig at 10:10 p.m. 6. RICHFIELD OIL CORPORATIOW SIG14 VARIANCE. DEN1'r�D: Chairman Kindig announced that this was the time scheduled to conduct a hearing; on a sign variance application submitted by Richfield Oil Corporation to the City Council and referred by that body to the Planning Commission for recommendation. A letter dated February 12, 1960, from Richfield Oil Corporation ad- vised that it is proposed to construct a new pole sign on service station property at the northwest corner of California Drive and Peninsula Avenue, the sign to be 22ft. Bin. high, extending 7 feet over the property line to within 2 feet of the curb line on California Drive. R.H. Klamer, representing the applicant, was in attendance and in response to Chairman Kindig°s invitation to comment, stated that there Is a problem in attracting motorists insofar as the.partioular station is concerned. Directly adjacent to the north, a used car sales lot, with Advertising signs and cars parked to the property line, blocks the view of the entrance way to the station to south -bound traffic on California Drive. Mr. Klamer stated that the new sign extending over the property line will identify the station in time for motorists to turn into the proper lane of traffic. Chairman Kindig invited comments from the floor;there being none, Commissioners were requested to comment. In reply to a question concerning theproposed height, Mr. Klamer stated that Richfield was agreeable to �eduoin, this to comply with the 20 foot limitation established by ordinance. Mr. Klamer stated that the existing sign on the canopy, extending 4 feet over the public way, complys with the ordinance. The proposed sign would pro- ject approximately 3 feet further. The Planning Consultant, in reply to the Chair's request for com- ment, stated that he felt a free-standing sign of legal dimensions, strategically placed, *mould be easily visible. The Planning Con- sultant suggested that should Richfield Oil be permitted to pro- ject a sign 7 feet over the property line neighboring business es- tablishments would expect the same consideration, Commissioner Norberg introduced a motion that the Commission recom- mend to the City Council that the variance be denied on the basis that a sign in conformance with the ordinance would serve the ap" plicant's purpose. Motion seconded by Commissioner Moore and unan- imously carried on roll call vote of members present. The hoaring was thereafter declared concluded, 7. SPECIAL PERMIT �4 R.Y. Etienne Properties, Ino. Illuminated Directional Si (Hyatt House An application filed by R.P. Etienne Properties, Inc., for a use permit for erection of a directional sign, having been .reviewed at a previous study meeting, was given formal consideration by the Commission. A sketch of the proposed sign and a map describing location (westerly side of Bayshore Freeway, on the southerly edge of Mills Creek storm drain channel, or 70 feet MoL southerly from Lot 7, Block 7m Hills- dale Industrial Park, unit No. 3) were filed as part of the appli- cation. A letter dated March 14, 1960, from J.D. Crouch, president Hyatt House Hotels, advised that the application filed by R.P. Etienne Properties proposes construction of a sign on a portion of the Etienne property to indicate the location of the Hyatt House Hotel, 1333 old buys. -tore Highway. The oommunioation stated that upon apm provn'1 of.tho permit,, Hyatt House will lease the land, place the necessary fill and construct the sign in accordance with the sketch submitted. The communication mentioned further that since there is no direct access from the Freeway to the Hotel it is felt that directional signs are an economic necessity to attract the motoring public. Cyrus J. McMillan, attorney, was in attendance representing the Hyatt House Hotels. Mr. McMillan advised that since the time of the discussion at the study meeting (March 14, 1960)9 his clients have agreed to lower the sign two feet from a height of 40 feet 10 inches to 38 feet 10 inches. Mr. McMillan also advised that the State of California Highway Advertising Act requires that directional lettering be secondary in size and placement in relation to the name of the firm. Chairman Kindig invited comments from the floor. Mr. Damon Raike, representing Damon Raike & Company commercial and Industrial realtors, San Francisco, advised that he was represent- ing the Milland Development Company, owners of property in Hillsdale Industrial Park, directly north of the Etienne properties. Mr; Ralke stated that a building will be erectod soon by the Milland Development Company and they feel that the sign will impair the value of their investment as well as detract from other developments in Hillsdale Industrial Park. Me. McMillan stated that there are signs In existence on properties located on Adrian Road far in excess in size of the proposed sign. Mr. McMillan maintained that the sign will be located a considerable distance from the building described by Mr. Raike because of the Intervening dills Creek Channel. In addition, the lease arrangement provides that the sign shall be removed to another site within six months from the time that development of the Etienne property com- manes. Reference was made to the City Sign Ordinance, Section 1855 "PROHIBIT'.D SIGNSO , sub section d: "Signs or structures carrying the advertising of a person, product or service other than that of the occupant of the land on which it is placed or the building to wit it is attached except signs for the sale or rental of the pr at ° The City Attorney, in reply to a question from Commissioner Martin concerning a variance grant from the above provisions, stated that the purpose of the section was to prevent the placement of signs in locations nodoccupied by the person or product being advertised. The City Attorney expressed the opinion that it was not the intent of the Sign Ordinance to permit the type of sign for which appli- cation was being made. In additions the ordinance relating to ad- vertising adjacent to Freeways, adopted shortly after the Sign Ordinance, further emphasizes the CityQs position with respect to such signs. Mr. McMillan noted that application has been made for a use permit to use a particular piece of land for erection of a sign, rather than application for a variance from the sign ordinance. The Planning Consultant stated that the application proposes a use of land not specifically named in the regulations for N=1 Districts. The Commission must determine, therefore, whether or not the use Is correct. Commissioner Norberg expressed the opinion that the sign was properly a directional sign rather than an advertising sign and, as such, the Commission should endeavor to cooperate to make the sign possible, but on a less elaborate scale than had been proposed. Commissioner Norberg thereupon moved that the hearing be continued to a later meeting to permit Hyatt House to reconsider the size of the proposed sign. Motion seconded by Commissioner niedericheen. On the question, the City Attorney advised that the Commission has the right to determine on the basis Of the zoning ordinance whether or not the use is Drouer in an N-1 District but the decision. imam also take into consideration the provisions of other applicable or- dinances. Upon a roll callvote of members present,, a tie vote was declared as follows: AYES: COMMISSIONERS: Diederiehsen, Kindig, Norberg NOES: COMMISSIONERS: Martin, Moore Stivez—a ABS3N'T COMMISSIONERS: Henderson Commissioner Martin introduced a motion that it be the finding of the Commission that land in an M-1 District may not be used for location of advertising signs except those advertising the product or person occupying the land. Motion seconded by Commissioner Stivers and declared carried on the following roll call vote of members present: AYES: COMMISSIOPIMS: Kindig, Martin, Moore, Stivers NOLS: COMMISSIONERS: Diederichsen, Norberg ABS;EM COMMISSIONu-RS : Henderson Prior to declaring the hearing concluded, Chairman Kindig suggested to Mr. HeMillan that If the management of Hyatt House feels that a direction sign is necessary they investigate the possibility of lo- cating a sign at the north end of their own property. UNFINISHED BUSINESS 1. COMMITTEE FOR REVISING APARTME3IT ZONE REGFUTATIONS. A committee to consist of Chairman Kindig, Commissioner Moore and Planning Consultant Mann agreed to meet on Saturday mornings, com- mencing April 9, 1960, to eombile material for revising regulations for multi -family districts. ADJOURNMENT There being no further business, the meeting was regularly adjourned at 11:20 p.m. Respectfully submitted, D.A. STIVERS, Secretary -9-