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HomeMy WebLinkAboutMin - PC - 1968.07.22CITY OF BURLINGAME PLANNING COMMISSION COMMISSIONERS PRESENT Brauner Cistulli Kindi g Norberg Pierce Taylor CALL TO ORDER COWISSIONERS ABSENT Mink 0 ,July 220 1968 OTHERS PRESENT City Attorney Karmel City Engineer Mary Councilman Diederichsen The regular monthly meeting of the Burlingame Planning Commission was called to order onthe above date at 8:00 p.m. Chairman Pro 'rempore Taylor presided in the absence of Chairman Mink. ROLL CALL A roll call recorded the above -named members present. Chairman Mirka absent due to illness, was excused. ACKNOWLEDGMENT The Chair acknowledged the presence of Councilman Diederichsen, ex-officio member of the Commission. MINUTES The minutes of the meetings of June 24 and July 8, 1968, previously ly rnitted to members, were approved and adopted. HEARINGS Pursuant to public notice, hearings proceeded as follows: L, RESUBDIVISION LOT 1a,_BLOCK 38 MILLS ESTATE NO, 13 APPROVED. Chairman Taylor announced a continued public hearing from the meeting of Jane 24, 1968, on a parcel map of the above -described property filed by the owner, The Protestant Episcopal Bishop of California, a Corporaticn Sole. At the Chal-'s request, the City Engineer summarized proceedings to date stating that the property* consists of a large lot with frontage or three streets,, the proposal is to divide into four sections, one large section ust under three acres, and three legal lots - two frcn -info Fr'oiat ::°a ;Way, a ad the third at the corner of Frontera. and Montecito Flays. K The City Engineer stated that at the prior meeting comments were made \ pertaining to subdivision agreements on Mills Estate No. 13 as neigh- boring property owners were concerned that improvements on the three lots will interfere with the view; as a result, the hearing was con- tinued for the applicant to investigate the matter of deed restric- tions applicable to the property. A copy of a letter dated July 1S, 1968, from the firm of Wilsey and liam, addressed to_Reverend Amos C. Carey, Vicar, The Episcopal Church of the Ascension, Burlingame, the applicant's representative, was read advising that the original deed restrictions for Mills Estate No. 13 filed with the San Mateo County Recorder specifically refer to the church property and, furthermore, specifically cover any lot or portion of lot resubdivided subsequent to the original map. The communication noted that the deed restrictions would allow the highest point of the roof on the proposed new logs to be at an elevation 35 feet above the elevation of the house on Front:era Way, immediately west of the_ church site, if the church were to build upon the land; under the proposed resubdivision, and the different article of the restrictions which applies, the maximum height to which a building can be constructed will be one story in height above main floor level. The City Attorney stated that when questions were: raised by property owners in the area with respect to limitation of heights of buildings in the event the property was resubdivided and used for residential purposes at the last meeting, the Commission was aware that deed restrictions are not relevant to a resubdivision but felt that the resubdivided lots should be subject to the same restrictions, particu- larly as to height, that are attached to all other parcels in the sub- division... for that reason, the records were researched by Wilsey and Ham on behalf of the applicant. Reverend Amos Carey and Mr. Herbert Hall of Wilsey and Ham represented the applicant. Mr. Hall,, in response to Chairman Taylor, stated that copies of the deed restrictions applicable to the church and adjacent residential properties were available for examination by the Commission; he reiterated statements made in the communi tion read earlier to the effect that any portion of the chureRrYUB Mrided for residential pur- poses shall be subject to idential restrictions applying to neighboring properties. A communication read by. Reverend Carey from Mr. John Gallagher, San Francisco, legal counsel for the church, confirmed that the proposed lots improved for residential purposes v.â–ºill be subject to deed restric- tions attached to all other residential properties in the area. Chairman Taylor recognized Mr. G,J. Lorenz-, 2815 Frontera Way, owner of property immediately adjacent: to the subject property, who inquired if deed restrictions provide for the land to be graded. He stated that all of the lots on the street are terraced to the church property and if the proposed building sites are not similarly terraced the buildings will obstruct the view of adjacent properties. in response to Commissioner Norberg°s comment that the Commission -2- require the lots to be graded in conformity with neighboring properties, the City Attorney stated that such matters may not be considered in an application for resubdivision, citing "Roussey vs. City of Burlingame" as the leading case. He" explained that an owner is entitled to have his property resubdivided where there is compliance with code require- ments. The hearing was concluded. Commissioner Brauner introduced a motion to approve the resubdivision of Lot 1, Block 38, Mills Estate No. 13 in accordance with the Parcel Map prepared by Wilsey and Ham, dated May, 1968, on file in the Office of the City Engineer. Motion seconded by Commissioner Kindig and carried unanimously on roll call. 2. RESUBDIVISION - ACREAGE BAYSHORE BOULEVARD (continued) A Parcel Map "being a resubdivision of acreage which lies between Bayshore Boulevard and Carolan Avenue southeast of Cadillac Way." pre- pared by Howard G. Hickey, Civil Engineer, for the owner, Person - Western, Inc., proposing to establish a new parcel 40 feet on Bayshore Boulevard by 90 feet deep, hdjacent to the lands of 76 Oil Products Corporation -,-was reviewed at the study meeting and scheduled for formal consideration at this time. The City Engineer, in response to Chairman Taylor, explained that a variance was granted recently to Union Oil Company of California to extend the service station facilities at Bayshore Boulevard and Cadillac Way to include 40 feet. of an adjacent property zoned R-4, purchased by Union Oil Company from Person -Western, Inc., and designated "Parcel C-2" on the snap. The City Engineer reported that the agreement providing for development and improvement of the entire parcel of acreage was recently amended by the City Council to exclude =-he 40 feet. The City Engineer- recalled that at the study meeting there. was dis- cussion as to the..possibility of deleting the one internal- lot line separating the main service station site from the proposed parcel and the Commission was advised that '-this may not be possible as different owners are involved. The City Engineer advised that plans for street improvements construc- tion on the service station frontage, to conform to existing improvements on the property to the east, are on file. The City Attorney explained that in excluding the 40 feet from the agree- ment the City Council did not change the zoning; the property remains R-4 and is subject to all of the provisions of the code relating to such classification.. He pointed out that R-4 property must have an average width of 50 feet and 50 feet frontage on a public street. In response to Chairman Taylor, Mr. Norman H. Miller, Union Oil Company representative, explained that ownership is vested in two distinct entities; Union Oil Company of California is purchasing the 40 feet from Person-Viestern, Inc., whereas title to the main service station property is held by a group of investors from whom Union Oil Company leases on a long-term arrangement. -3- 1 Mr. Miller stated that from the standpoint of use: the lots will be com- bined but that the internal lot line must be preserved because of the dual ownership. During a period of discussion, the City Attorney pointed out that it is within the discretion of the Commission to grant a variance as to lot size under a variance application. Following comments from members. of the Commission indicating that the resubdivision proposal was not acceptable, Mr. Person agreed to a continuance. Mr. Miller was informed at7the variance process. The hearing was thereafter continued to the regular meeting of August 26 on a motion introduced by Commissioner Kindig, seconded by Commissioner Brauner and unanimously carried. 3. SPECIAL: , PER _ ' HOTEL, BAYSHORE HIGHWAY (continued) A letter ddtdd July 18, 1968, from R.K. [Davis, Architect, San Diego, requesting a further continuance on the application of 7 Inn of America for hotel construction on Bayshore Highway was read. On a motion intro- duced by Commissioner Kindig, seconded by Commissioner Pierce and unani- mously carried, the matter was referred to the meeting of August 26,1968. ADJOURNMENT The meeting was regularly adjourned at 9:10 p.m. Respectfully submitted, Everett K. Kindig, Secretary oho ,z 3 4 BURLINGMIE PLANNING COMMISSI0N July 22, 1968 I CALL TO ORDER 11 ROLL CALL III MINUTES June 24 and July S. 1968. s.V HEARINGS 1. RESUBDIVISION m Lot 18 Block 38, Mills Estate No. 13. (continued front June 24) Communication from Wilsey and Ham. 2. R.ESUBDIVISION - Acreage Bayshore Boulevard, southeasterly of Cadillac Way. Communication from Person o Western, Inc. 3. SPECIAL PERMIT o Seven Inns of America hotel, Bayshore Highway. (continued from June 24, 1968) if NEW BUSINESS VI ADJOURNMENT