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HomeMy WebLinkAboutMin - PC - 1967.11.27CITE' OF BURLINGAME PLA14NING COMMISSION COHMISSION'EES PRESENT Cistulli Kind1g Mirk Norberg EA^��e ti. CALL '-T0 0r104'R C0144ISSsONTERS ABSENT None November 27, 1967 OTHERS PRESENT City At orney Karm l City PlEP.ner Mann City LnFineer Parr A reprulzr monthly meeting of the Burlingame Planning Coiwknis;sion was Called to ordar on >th-- above plate at 8:C0 p.m., Craairman Citivulli. presiding, ROLL CA3L Tho-t roll call recorded all memberS FTeSent, M D,�, U'rE S hs min t:t of the xrcgular s`?:a::,ting of October 23 and st'u' Eiteet .:5g of No•ipoigber 1967, pre%liously submitted to members were ar-c-roved and adopted ANNOUNCEMENT Chairman C; stuJ -,i reported that Councilman Johnson, ex-affi cio member' of t:1e will not be. p E: ese At due to another � F;: T:�€:i, s;gr►�ratL :. MAPS ro RES�ii�t�Is�TSi01� LOT NO. 7x. BLCCK NOa 2, MILLS ESTATE NC, 1 �3xa1d:¢ j. wlo$a $is�tY' G% ¢i�3 above -described � " Iy < x - , E:;, ed big C er',. T G h c 'r t�4' v ' E� _. � � <�;il ��.��:����.y., � �.. - og�5sec� to delete<% Rs3`cpt 2": 1iz2�;' 'Ie fowl-_ ky.-a�+.e+CJ and '.J �1�r.�..�s1� acw. ar asseniesn�t e5e$J1isflc-. t 't ' a Parcel �'a si5:r€3' �;_: $n ilsyP �. 65f s &T'd G '�c^C� 63L�zli a i1eEG �Si72 l`a y 1!!fi isCi' ��iQ r F;f's x`,id 3i3 e Co0 7'.Lct�S fl.!'1' CCj7:S.'S i"+L•i:f:ilio a e- Tt ,+Z; :h aic ass from de �`t..':..? F. '�ii e � � z' _ _ b _ _ c < _ r f -:7 r } f 1 � 3 ' b 2`t da , c : F �. � t. �f ..d'az xLc i.v si on a Arch.. te';'F_J ' eG r'G�iti 6. _� cw� s ?_ fA_.a ; that a niiP,3tt-r .t -.'i'','r'E Fri: VYO '3 l I Con 8 CM_ r tics'_ � a a her . Dodd advised that the strip is sufficient to accommodate two-way traffic and a single row of parking, that the area will be paved, with concrete curb on either side, and that pedestrian traffic should create no problems. The City Engineer indicated approval of the map. There were no comments from the audience favoring or protesting the application A motion intreduced by Commissioner rrauner approving the resubdivision in •accordanace with the map on file was seconded by Commissioner Mink and carried unanimously on roll call. HEARINGS Public hearings, pursuant to public notice, proceeded as follows: 1. SIDE SEIBROCK VARIANCE APPROVED., 13 VA►LDIVIA COURT. Chai-°man Cistu li announced that a public hearing on an application for variance fired by Frank E. and Olga Lembi for a side setback of three (3) Ieet where five (S) feet is required on property located at 13 Valdivia Court, for the purpose of constructan addition to the existing duelling, was continued from the Meeting of Oc+caber 23 to the Present' tiro 'or the applicant to prepare revised drawings diminishing the g,rea of variance. The Chair recognized Mr. Lembi who referred to the discuss -'on at the last study meeting wherein amended plans were reviewed. He stated that it was possible to accomplish a four (4) foot setback a one (1) root less than code o that the setback will be paved for its full width' to provide clear passage to the rear of the property and that the �tructural addition well be of the same exterior design as the dwelling. There were no comments from the audience in response to the Chair's inquiry, nor objections from staff. Commissioner Pierce commented that the applicant has developed a satisfactory proposal and, thereafter, introduced a motic tz approving si"e suet` sci. of four (4) feet in accordance with the revised drawings eate Novein er 1.3, 1967. Motion seconded by Commissioner Kindig and carried unanimously on roll call.. The l.pplicant was informed that the variance viould be effective on Tuess asp Dyc.ember 5, 1967, if not appealed. .� .._ CI ` ., ' =PF1I s APPROVED CONTRACTOR°S "TOR" E YPRD a D��ySHORE HIGHWA`r CIs t.AI1i aniio-ancea that a Public hearing o-a t -- application of =:&beet H. U0,-e, diva A&B Grading u Paving, 30i California Driv°eo arle, foT a special permit to use a portion of acreage at High, as a contra ctor°s storago yard, was continued fron2 oof October 73 to the present because of ques e.iorts which Were access, -2- Chairman Cistulii recognized Mr. Lipka who advised that the yard will be fenced for storage of dump trucks and a small tool shed. The City Planner, in response to the Chair, recalled that the hearing was continued when Mr. H. Richard 4*Hara, owner of the property in front of the subject property, requested a delay because of litigation involving an easement for street access to the rear property. The City Planner reported that the delay permitted an investigation by staff to determine conditions in the property as another application was in progress foraldjoining parcel. The City Planner submitted a drawing, prepared in connection with a matter to be heard later in the meeting, advising that it should be helpful in identifying the area under discussion. The -.-Commission explored the matter of access at some length; a suggestion was made to delay action until later in the meeting, following the hearinj on an application for restaurant use of a portion of the same property. Mrs. Melba Moore Riley, the property owner, protested the delay, informinE the Commission that two legal access easements exist o at Burlway Road and at Bayshore Highway o and that a court order has been issued enjoining Mr. 0*Hara from interfering with her rights to the latter. Mrs. Riley discussed concreted driveways within the property, available to Mr. Lioke for access to the parcel he will occupy; mentioned plans for future roadway improvements and reported that the existing roads have been adequate for various types of heavy trucking equipment for many years. Comments were invited from the audhnce. Mr. Hugh Mitzner, representing Bilcris Company, 778 Burlway Road, questioned whether Mr. Lipka considered the Burlway Road easement a competent access for ::his trucks. Mr. Lipka stated that both easements are adequate but direct route to Bayshore Highway is preferred. During a period of Commission discussion, there were comments that the use appeared reasonable in the location, that legal access does exist, and that it is the tenant*s responsibility to protect his rights of ingress and egress to his place of business. A motion was introduced by Commissioner Mink approving the use permit on the conditions that the area shall be enclosed with a cyclone fence, the ground leveled and a seal coat applied. The motions was seconded by Commissioner Pierce on the grounds that the use was proper in the location; he commented, however, that the applica- tion was improperly prepared and presented and that information requested by the Commission was not furnished The motion carried unanimously on roll calla The applicant was advised that the permit would be effective Tuesday, December 5, 1967, if not appealed. dim 3. VARIANCE APPROVED TO RELOCATE GARAGE, 1616 RALSTON AVENUE. \� An application for variance filed by Serge and Adelaide Coutant pro- posed moving an existing non conforming garage to a new location on the property at 1616 Ralston Avenue to clear an area for construction of a swimming pool. A plot pl€r. and snapshots of the garage were filed. A communication from the applicant advised that the structure measures 26 feet in length by 18 feet 10 inches in width - 1 foots 2 inches less in width than the present requirement of 20 feet for a double garage. Tho 'communication stated that there is maple area for two automobiles, with some space for storage, that the structure was built a number of years ago to conform to the exterior design of the maim building on the property., and that there would be difficulty in matching tiles and other building materials were reconstruction required. A letter dated November 18, 1967,-from Joseph M. and Virginia E. Shea, 1612 Ralston Avenue, requested a variance to construct a fence 10 feet in height, between their property and -the Coutant's, explaining that a swimming pool in the area where the garage is now located will inter- fere with the use of certain facilities in their home. (the communication was referred to the study meeting of December 11, 1967.) The City Planner, in reply to the Chair, reported that the owners are forced to move the garage if the swimming pool is to be built, that the proposed location would be legal, with correct setbacks maintained. Comments from the audience were invited. Miss Elsie B. 'Vickery, 1611 Ralston Avenue, approved the variance and filed a communication from Marion K. Bryant, 1608 Ralston, also in favor. Chairman Cistulli recognized Building inspector John Calwell who advised. that there were no objections to the variance as to the measurements of the garage but that approval would negate his rights to require structural corrections to meet building code requirements. Following comments from the City Planner that an actions by the Commission would have no effect on building code enforcement, and the City Engineer' - suggestion that stipulations for repair be attached to the building per- mit for relocating the structure, the Building Inspector indicated no objection. A motion introduced by Commissioner Fierce approving the variance was seconded by Commissioner Kindig and carried unanimousiy on roll call. The applicant was in4`ormed the variance would be effective Tuesday, December 5, 1967, if not appealed. 4. SPECIAL PERMIT APPROVED FOR FURNITURE SALES, ROILLINIS ROAD. An application for special permit to sell furniture at retail in the -4- industrial area was filed by Mr. Ferd Gebhard, Millbrae. A site plan and a brochure describing the merchandise were filed. A communication from the applicant dated October 9, 1967, stated that it is proposed to establish"a sales outlet for dinette sets, including showrooms and an office, in a portion of a building which he owns at 1212 Rollins Road, northeasterly corner of Broadway and Rollins Road. The communication advised that there will be no manufacturing on the premises as the merchandise is received assembled, that the use will be confined to the second story of the building and the units sold from the floor to the consumer.. The communication referred to off-street parking facilities, proposed identification signs and improvements to be'made to the building. Mr. Maurice Rosen, associated with Mr. Gebhard, was present. In reply to the Chair, the City Planner indicated no objection to the use, pointing . out that that area of Broadway is more or less of a transition zone, neither industrial nor commercial; he mentioned'a large retail sales operation across BDadway from the subject property and a number of small businesses in the area engaged in sales to individuals. The matter of precedent was discussed; it was pointed out that per- sons engaged in.th®_sale of furniture or other large bulk items have difficulty in Satisfying their space requirements in the usual retail trades districts; reference was made to a retail furniture store in the industrial ,area, in San Carlos and a similar operation in sath San Mateo, both located on very large properties; there would appear to be little cause for concern that approval in the present instance would create an unfavorable precedent. There were no comments from the audience in response to the Chairps inquiry. Commissioner Braun6y introduced a motion approving the special permit for sale of furniture in accordance with the proposal, on the con- dition th it the living quarters presently existing on the second floor shall not be occup-ied as such, and that approval of the use does not extend to, nor -include, signs. In seconding the notion, C aato er Kindig comm4e°nted that Broadway Is basically a retail sale it, a suitable location for the type of business proposed. Motion was approved unanimously on roll call. Mr. Rosen advised that Ad -Art, Incorporated, has been engaged to dtsigr an appropriatesign display. The Chair announced that the permit mould be effective December S 6 s.: 6 , if not appealed. RECESS T e�C-9—air degjarod. a recess at 9.30 p.m. CALL TO ORDER The meeting reconvenes'. At 9:3S p.m. ��e HEARINGS (coast.) S. SPECIAL PERMIT FOR RESTAURANT IN INDUSTRIAL AREA_ An application filed by Charley Brown's Restaurants, Los Angeles, requested approval of a special permit for a restaurant with cock- tail lounge on a portion of unsubdivided acreage in theJindustrial° area at ISS4 Bayshore Highway. The application proposed utilizing a portion of city -owned property on the southerly side of the storm drainage channel for roadway and .landscaping purposes. A communication from the applicant stated that Charley Brown's Restaurants, Inc,, a wholly owned subsidiary of Interstate Hosts, currently operates two facilities in Southern California of the type proposed, and that additional units are in process of construction. The communication advised that an existing access easement to the property from Bayshore Highway is proposed to be relocated to an area adjacent to the drainage channel, and that if permission is granted to use the city -owned property, the applicant will construct a road 25 feet in width for the purposes of the restaurant, A topographic survey and site plan were filed, also a brochure describing the restaurant facilities. Chairman Cistulli recognized Mr. Howard Sheehan, agent for the appli- cant., who advised that experience in other communities indicates that the restaurants are well received in industrial and commercial locations since the lunch business represents practically one-half of the company's total business. The City Planner, in reply to the Chair, advised that retail uses in the industrial area entail approval of a special permit, that properties along the bay side of Bayshore Highway are particularly attractive to the restaurant and motel type of operations because of the aesthetics of the bay and the view of the airport, and that there are indications that other similar applications will be forthcoming. The City Planner stated that in the present proposal the use is not considered objectionable but other problems must be resolved. He mentioned that the property consists of a single large parcel in one ownership, with recorded easements over adjoining properties pro- idr-ing the sole means of access. that the applicants contemplate pur- chasing a portion of the property and will assume the responsibility of establishing an access, and further, a proper resubdivision slap is essential to the application. Exploring the maatte, of access, the City Planner explained that. there is a recorded easement -from B=. Away toad, and an easement fron Bayshore Highway across property owned by Mr. H. Richard O'Hara; the latter easement was legally arranged a number of years agog but presently; is the subject of liti.gaticn. He stated that Mr. Sheehan indicates that access will be arranged over the .°Hasa property but there is some question as to its adequacy for their purposes; Piro Sheehan as hopeful that the city will permit use of the filled portion of the berm sir that a con-,oe-�ent road can be constructed. o�� The City Planner mentioned that parking must be arranged so as to avoid interference from traffic Snerated by other uses on the property. Mr. Sheehan reported that there appears to be basic agreement with Mr. O'Hara on the access and that the negotiations are directed toward a 25 foot strip along the northerly boundary of his property; however, Aar. O'Hara is contemplating a new structure with adequate space reserved for parking - whether or not the entire easement can be contained within the property remains to be decided, Mr. Sheehan referred to the topographic survey ;yap and advised that the shaded portions indicate future easements to be recorded, including a continuation of the easement from Burlway Road to the extreme corner of the property. The City Engineer advised that a legal description of the city property involved should be prepared and submitted to his office for verification. There was discussion concerning fire department requirements, the City Engineer and City Planner reporting that the Fire Chief has requested a separate fire line - larger than the domestic line - and on -site fire hydrant or standpipe. Mr. Sheehan discussed the proposed facilities, advising that the restaurants are geared primarily to a dining room atmosphere, rather than night club or cabaret. Comments were invited from the audience. Mr, Hugh Mitzner, representing Bilcris Company, 778 Burlway Road questioned whether the industrial zoning may be changed in view of com- ments indicating an influx of businesses offering services not usually associated with industrial uses. The City Planner replied in the negative, stating that it is in the city's interest to protect the industrial districts. that retail uses are permitted under certain conditions, and there would be strong opposition to -any proposal that would attract a heavy concentration of shoppers. A letter dated November 22, 1967, was read from William F. McClenahan, owner of property at 750 Burlway Road and director of Bi lcris, Inc.* 778 Burlway Road, objecting to the permit for commercial use of indus- trial property on the grounds that noise and dirt factors inherent in industrial operations will create a nuisance to the restaurant owners and patrons, and that the easement from Burlway Road was not intended to carry 4 heavy traffic load. The City Engineer,, in response to Commission inquiry, advised that 2S feet, wri -h no parking lanes, is sufficient for two-way traffic. A motion introduced by CoT.missioner Brauner approved the use in principa. condit-ions relating to construction and improvement of the road, on -site pal-kingt lighting aDd isndsca+pi,ng, fire safety installations and resub- d "'ision of the property "o be deteradined at such time that the appli- cant's petition to the City Council 1�3 esoX�ed and t>ze application returned ..o the Cc; nJ1.ssion for f-ina . ?.cti.on. - 7- Motion seconded by Commissioner Mink and carried unanimously on roll call. UNFINISHED BUSINESS le F.D. U e C2Ep ry Contractor's yard, North Carolan Avenue A memo to the Planning Commission from the City Planner, dated November 9, 1967, was read concerning the premises of F.D. Sperry Company, Grading Contractor, on North Carolan Avenue. The communication reviewed circumstances whereby Mr. Sperry has con- tinued to occupy the property since 1961 on a temporary use permit, noted that none of the usual rules for a storage yard were applied since fencing and paging such a large _property would be costly, and Mr. Sperry had indicated, at the time, that he would be wfsving else- where to a permanent location. The communication reported that the knatter was brought to the at-terti s—f of the Commission for official recognition because the property is creating problems when the Building Inspector attempts to enforce the building code in adjoining properties. Chairman Cistulli recognized Mr. Sperry who advised that a now location will be available within a period of 120 days; he requested permission to remain for that length of time. Following a period of discussion, Commissioners agreed w th Commissioner Pierce that no official action be taken at this time and that at the end of 120 days, if the property has not been vacated,, the Commission w it request the City- Council to take the necessary action to have Mr. Sperrr's operation removed. The d4scu3sion was concluded. ADJOURNMENT The meeti-Ag regularly adjourned. at- 10:3S home Respectfully submitted, Everett K. Kindig, Secret arly