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HomeMy WebLinkAboutMin - PC - 1969.12.22CITY OF BURLINGAME PLANNING COMMISSION ,OMMISSIONERS PRESENT 3rauner �istulli Ki Nadi g fink lorberg Taylor CALL TO ORDER CO"MISSIONERS ABSENT Sine December 22, 1969 OTHERS PRESENT City Attorney Karmel City Planner Mann City Engireer Marr regular meting of the Burlingame Planning Commission was called to order on the above date at 8:00 p.m., Chairman Mink presiding. ROLL CALL A roll call recorded the above -named Commissioner Sine was excused, having he would be away from the city. MINUTES members present. advised at a prior meeting that The minutes of the uteeti ngs of November 24 and December 8, 1969, pre- viously submitted to raembers, were approved. HEARVIGS 1. A ZA PACIFIC' CORPORATION RESUBDIVISION MAP. A map prepared by Kenneth M. Allen -Engineers, Sate Mateo, for Anza Pacific Corporation, proposing to delete a series of interior lot lines -- Lots 4 through 10, Block 2, Anza Airport Park #1--to establish a single parcel on the northerly line of Beach Read, was reviewed at the study meeting and scheduled for formal consideration at this time. In -response to the Chair's request for comment, the City planner and the City Engineer indicated no objevtions. Mr. David Key4ton, Vice -President; Anna Pacific Corporation, responding to Commissioner Brauner°s inquiry, explained that the Pirelli Tire Company building, 330 Beach Road, is being enlarged and the addition will extend across an existing lot line; since there will be access between the existing building end -the new, and the building and fire departments will nca t perrai t openings In building walls on an interior property line, the ma�9 vas prepared for the purpose of erasing that lot line, and the res;_aining I'll: C, <<Iio7- t0't 1 ones in the block, as well.. There vtere no cowimen s 1 rom tht, and i a ice , A motion introduced by Commissioner Kindig and seconded by Commissioner Cistulli approving the resubdivision map of Lots 4 through 10, Block 2, Anza Airport Park, Unit No. 1, in accordance with the map prepared by Kenneth M. Allen -Engineers, dated November 14, 1969, and filed with the City Engineer, was carried unanimously on roll call. 2. APPLICATION OF BUDGET VALET AIRPORT PARKING FOR COMMERCIAL PARKING LOT WITHDRAWN. The application of Budget Valet Airport Parking Corporation of America, Dallas, Texas, dated December 1, 1969 for special use permit to operate a commercial parking facility in Millsdale Industrial Park - "1800 Block of Adrian Road" - was scheduled for public hearing on this date. Communications were read from the applicant dated December 16, 1969 signed by H.S. Rosenthal, President, requesting removal of the appli- cstion from the agenda; and from the law offices of Anderson, McMillan and Connolly dated December 18, 1969 signed by Cyrus J. McMillan, with- drawing the application submitted by their client, Budget Valet Air- port Parking. Commissioners indicating no objection, Chairman Mink thereafter declared the subject matter removed from the agenda, in compliance with the applicant's request. 3. SPECIAL PERMIT, FOR ACCESSORY STRUCTURE 2739 MARTINEZ DRIVE (continued) A public hearing on the application of Susan Stewart Bournizeau and Virginia Jane Stewart for special use permit to construct a detached structure to the rear of a dwelling at 2739 Martinez Drive, for pur- poses of storage and a guest room, was continued from the regular meeting of November 24 to the present date at the request of Mr. Paul M. Hupf, attorney for the applicants. When it was determined that the principals were not present nor repre- sented, the City Planner reported that in a conversation in his office with Mr. Hupf, concerning some of the problems resulting from the proposed structure, the latter had indicated that he may request a further extension. For purposes of continuity, it is noted here that the Commission with- held action until all of the hearings scheduled for this date were com- pleted and, upon determination at that time that there was no one present to discuss the application, agreed to a further continuance to the meeting of January 26, 1970. 4. VARIANCES FOR EXISTING ADDITION TO DWELLING 2701 MARIPOSA DRIVE DENIED Chairman Mink announced a public hearing on the application of William J. Thompson, 2701 Mariposa Drive for variances for an existing "recreation room for the children while using the pool." In a letter dated December 2, 1969, the applicant stated that an existing "lean -to -lanai in the backyard"was enclosed to provide an area -2- for the children to entertain their guests during the rainy weather and that the work was completed without the required permits; that there appears to be some question whether the structure is legal, because of property lines and fire requirements, and that such deficiencies will be corrected. Photographs of the new construction and the full set of original plans for the dwelling, whereon Mr. Thompson had sketched the addition, were filed. A memo from the City Planner to the Commission, dated December 4,1969, stated that the construction was observed by Building Inspector John Calwell while making a routine inspection of the adjacent property., and that the matter was pursued, since Mr. Calwell was aware that a building permit was never issued. In his memo, the City Planner reported that he visited the property and was permitted to inspect the work; that the addition is a com- plete building, well constructed, attached to the principal building and built to the rear property line and the side property line; that Mr. Thompson was informed of building and zoning code violations and that the application for variance resulted when Mr. Thompson inquired as to recourse in an attempt to rectify the situation. The City Planner's memo recited code violations that were noted and advised further that a similar application made in July, 1964, by Mr. Thompson was denied by the Commission. In response to the Chair, the City Planner confirmed that Mr. Thompson received a copy of the foregoing report. Mr. Thompson, upon recognition by Chairman Mink, agreed to complete all structural corrections to meet code requirements except relocating from the property line, since this would entail total demolition. Mr. Thompson stated that he discussed the addition with the owner of the one property that abutted his and that the latter indicated no objection, because of the added benefits of a windbreak for his swim- ming pool. Mr. Thompson advised that the room is not used for living purposes but solely as a recreation area for the children and their friends. Chairman Mink inquired of Mr. Thompson whether he was familiar with code restrictions applicable to the construction. Mr. Thompson stated that he was unaware of the requirement for one - hour construction on the property line; furthermore, the "lean-to" windbreak existed when the application for variance was filed in 1964, that the Commission did not require its removal at that time, and that the structure was subsequently extended and enclosed as a protection against the weather. Mr. Thompson stated that the room is quite attractive and should not interfere with any of the neighboring properties. In response to Chairman Mink's request for information on the variance -3 requested by Mr. Thompson in 1964, the City Planner stated that a two- story detackhd structure for storage and playroom purposes was pro- posed and that the application was denied. In response to Commissioner Taylor, Mr. Thompson stated that he was aware that a two-story structure would require a variance; that the construction, which is the subject of the current application, is 8 feet in height and was "piece-mealed" to completion over a period of approximately two years; that he knew of the requirements for building and use permits but, through negligence, failed to comply, and that he did not intend to deliberately circumvent the law. Commissioner Brauner referred to a copy of Planning Commission minutes of August 24, 1964, noting that the request was to construct a two- story accessory structure and that mention was not made of an existing accessory structure. Stating that the present structure was built in defiance of the Commission, and apparently without appeal to the City Council, Commissioner Brauner questioned whether the subject appli- cation was a proper matter for consideration. Referring to the question of precedent, Commissioner Brauner suggested that the Commission may be setting a precedent whereby persons will be encouraged to ignore the rules and, when apprehended, appeal for relief. The City Attorney, in response to Chairman Mink, stated that where there is a properly filed application, the Commission has the right to consider the application on its merits. Responding to the Chair, the City Planner stated that accessory buildings for hobby room, recreation room, and the like are permitted with a use permit from the Planning Commission, with -a requirement of a minimum of 4 feet between the accessory and the principal building; in the present situation, there is not actually an accessory building, but an extension of the principal building, as the original and the new construction are joined; the dwelling now extends to the side and rear property lines in violation of side setback and rear yard require- ments. In further comment, the City Planner stated that from the standpoint of building code violations, the structure is not on a proper founda- tion and, in addition to the exterior wall on the property line not being one -hour construction, there is a window in the wall next to the adjoining property. Commissioner Kindig recalled that he visited the property in 1964, on the occasion of the prior a plication, and that one of the major reasons for denial in that instance was the lack of side setback and open space between the principal building and the proposed for access in the event of fire. Commissioner Kindig stated that Mr. Thompson indicated then that if he were not permitted to build to the pro- posed design that any other structure would not be practical. Commissioner Taylor stated that he was concerned more with the fla- grant disregard for legal process than the question of building design. _4_ . Chairman Mink invited comments from the audience in favor of the variance. There were none. Opponents were recognized. Mr. Harry K. Wolfe, 1825 South Ashton Avenue, Mrs. Donald Teixeira, 1501 Granada Drive, Mr. Harold T. Gruner, 2713 Mariposa Drive and Mrs. Alex Sourikoff, 1800 ttontecito Way, protested that approval will have the result of encouraging others to attempt similar illegal con- struction --a privilege granted to one is not readily denied another; that the construction not only violates city laws but, additionally, ignores deed restrictions applicable to every property in the sub- division. Mrs. Sourikoff stated that the Thompson property abuts a portion of hers and that Mr. Thompson installed an unattractive windbreak against the common fence, clearly visible from her driveway, and that at no time was she consulted. Mrs. Sourikoff called the Commission's attention to a "corral -type" fence at the Thompson swimming pool and requested that an investi- gation be made to determine whether there is compliance with code requirements. Mr. Thompson, in reply to Chairman Mink, agreed to remove the structure. Commenting on the remarks of the previous speakers, Mr. Thompson stated that if his structure is illegal, a number of other accessory buildings in the area are equally illegal. Mr. Thompson stated that some form of windbreak is essential to the family's enjoyment of the swimming pool and that he would confer with the proper city department. Chairman Mink explained that the Commission is concerned solely with code violations that may exist in the construction; land covenants are a contract between property owners. Referring to a comment from one of the speakers, indicating that there may be a violation of the city's swimming pool ordinance, Chairman Mink suggested that the proper department be alerted. The hearing was declared concluded. A motion introduced by Commissioner Taylor to deny the application for variance filed by William J. Thompson, 2701 Mariposa Drive, dated December 2, 1969, for "Recreation room for the children while using the pool" was seconded by Commissioner Cistulli and carried unanimously on roll call. The applicant was advised of the right of appeal to the City Council. In response to the Chair's inquiry concerning initiation of an action to abate the existing structure, the City Attorney reported that such action would be within the discretion of the City Council; however, the Commission may make a recommendation, should it so desire. -5- Commissioner Kindig commented that Mr. Thompson has agreed to take the building down, albeit reluctantly, and if he does not do so within a reasonable time, the Building Inspector undoubtedly will order removal. In response to Commissioner Cistulli, Mr. Thompson promised to have the structure removed by March 15, 1970. Chairman Mink requested the City Planner to keep the Commission informed of conditions in the property. RECESS The Chair declared a recess at 8:55 p.m. CONVENE Chairman Mink called the meeting to order at 9:00 p.m. and announced that Commissioner Brauner requested to be excused at 8:55 p.m. HEARINGS (cont.) 5. PROPOSED AMENDMENT TO CODE - REGULATING USES OF UNCLASSIFIED LANDS. Chairman Mink announced a public hearing for the purpose of considering and recommending to the City Council a proposed amendment to the Municipal Code providing for the regulation of unclassified lands. The Chair declared the hearing open. The Secretary read in its entirety "Exhibit B - Proposed Addition to Zoning Code," an explanation of the proposed ordinance. The City Planner, responding to Chairman Mink, discussed the lands to which the proposed regulations will apply: The lands of the City and County of San Francisco (formerly Market Street Railway right of way) under jurisdiction of San Francisco Water Department; The lands of Southern Pacific Company (railroad right of way); Peninsula Hospital; Burlingame High School site, adjacent to Washington Park. The City Planner reported that there may be some question as to certain elementary school sites --- whether these are R-1 or unclas- sified; however, adoption of the proposed.ordinance will provide the city with the method for controlling their use. Chairman Mink commented that the changes will have the effect of requiring an owner of lands declared to be "unclassified" to seek approval of a special permit or land reclassification, prior to changing a use existing at the time of adoption of the ordinance. The Secretary read in its entirety "Exhibit A - Findings." There were no comments from the audience in response to the Chair. -6- The hearing was declared closed. The City Attorney referred to a paper prepared by the City Planner titled "Unclassified Lands in Burlingame," dated October 3, 1969, and made a part of the Findings; at his request, each Commissioner stated that "he had read, studied and understood" the paper. Commissioner Cistulli introduced and moved the passage of RESOLUTION NO. 4-69 "Recommending The Adoption Of An Ordinance Proviaing or a Regulation Of Unclassified Lands." The motion was seconded by Commissioner Taylor and adopted on the following roll call: AYES: COMMISSIONERS: Cistulli, Kindig, Mink, Norberg, Taylor NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: Brauner, Sine 6. PROPOSED AMENDMENT TO CODE - AMENDING OFF-STREET PARKING REGULATIONS. Chairman Mink announced a public hearing for the purpose of con- sidering and recommending to the City Council a proposed amendment to the Municipal Code providing for off-street parking requirements. The Chair declared the hearing open. Requested by the Chair to initiate the discussion, the City Planner stated that the proposed changes are the culmination of many months of study of the current ordinance and include all of the revisions suggested by the Commission. The City Planner pointed out that the changes and additions are itemized in the Findings. The Secretary read in its entirety "Exhibit A - Findings." There were no comments from the audience in response to Chairman Mink. The hearing was declared concluded. Commissioner Taylor introduced and moved the passage �of RESOLUTION NO. 3 - 69 "Recommending The Adoption Of An Ordinance Amending Sections 25.70.010 to 25.70.030 Inclusive Of Chapter 25.70, "OFFSTREET PARKING" Of The Municipal Code Of The City Of Burlingame. The motion was seconded by Commissioner Cistulli and declared carried on the following roll call: AYES: COMMISSIONERS: Cistulli NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: Brauner, Kindig, Mink, Norberg, Taylor Sine In response to the Chair's inquiry whether Peninsula Hospital will be affected by the new requirement for hospital parking, the City Planner stated that any proposal for expansion would entail verifi- cation of parking by the city to assure compliance with code. -7- COMMUNICATIONS 1. CITY CLERK RE: ERIC MAUSSER APPLICATION FOR VARIANCE. A letter dated December 19, 1969 from Herbert K. White, City Clerk, stated that the City Council held a public hearing at the meeting of December 15 on an appeal submitted by Eric G. Mausser for variance to construct an addition to his residence; that, because of an inconclusive vote when the matter was heard by the Planning Commission, it was the decision of the City Council that a new hearing be conducted by the Commission. The City Planner was requested to inform Mr. Mausser that the appli- cation will be discussed at the study meeting of January 12 and that a public hearing will be scheduled at that time. NEW BUSINESS 1. PUBLIC ACCESS EASEMENTS - TIA MARIA RESTAURANT SITE. Mr. David Keyston advised that a properly executed document, providing for a 25 foot strip along the bay front and 12-1/2 foot strip from the bay front to Bayshore Highway , for public access at the Tia Maria Restaurant site was delivered earlier in the day to his attorney for delivery to the City Attorney.. ADJOURNMENT The meeting regularly adjourned at 9:40 p.m. All in the Council Chambers exchanged Seasons Greetings. Respectfully submitted, Everett K. Kindig, Secretary M:15