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HomeMy WebLinkAboutMin - PC - 1970.10.28THE CITY OF BURLINGAME PLANNING COMMISSION COMMISSIONERS PRESENT Cistulli Kindig Jacobs Norberg Sine Taylor CALL TO ORDER COMMISSIONERS ABSENT Mink October 28, 1970 OTHERS PRESENT City Attorney Karmel City Planner Mann City Engineer Marr A regular meeting of the Burlingame Planning Commission was called to order on the above date at 8:00 p.m., Chairman Sine presiding. P11T.T. rAT.T. A roll call recorded the above -named members present. Commissioner Mink, away from the city on business, was excused. MINUTES The minutes of the regular meeting of September 28, adjourned meeting and study meeting of October 14, 1970, previously submitted to mem- bers were approved and adopted. NPAPTMnq 1. LOT COVERAGE VARIANCE APPROVED, BALBOA WAY. Chairman Sine announced a public hearing on the application filed by Mr. and Mrs. Dante Meneguzzi for variance to allow an addition to a single-family residence at 1609 Balboa Way that will result in lot coverage of 45% where the code provides for 40%. (Lot 19, Block 5, Ray Park Subdivision). The applicant's communication dated September 18, 1970, stated that the dwelling was adequate for the family of two adults and one child, when purchased nine years ago; presently, the family comprises two adults and three children, and the proposed addition, intended to be used as a family room, will create the expanded living area con- sidered essential to the family's comfort and enjoyment. A plan prepared by R.E. Onorato & Associates was filed. Communications supporting the application were read from Harry T. and Ruth F. Hicks, 1613 Balboa Way (adjacent to subject property) and from John and Joyce Bestall, 1621 Balboa Way. Chairman Sine recognized Mr. Meneguzzi who stated that the family needs larger living quarters but would prefer not to move away from the neighborhood, because of the advantages of convenience to schools and the city park, and that the alternative appears to be an addition to the dwelling as indicated in the drawings. The City Planner reported that the variance relates only,to the matter of coverage --the proposed construction will not interfere with front and rear yards nor side setbacks. He stated that a precedent has been established by approval of other similar appli- cations in the Ray Park area. There were no comments from the audience approving or opposing the application in response to the Chair. The hearing was declared concluded. During a period of Commission discussion, there were no unfavorable comments. A motion introduced by Commissioner Cistulli, seconded by Com- missioner Norberg, to approve the application of Dante Meneguzzi, 1609 Balboa Way, for lot coverage variance to allow an addition to the existing dwelling, in accordance with plans prepared by Robert E. Onorato and Associates, was declared carried on the following roll call: AYES: COMMISSIONERS: Cistulli, Jacobs, Kindig, Norberg, Sine, Taylor NOES: COMMISSIONERS: None 'ABSENT COMMISSIONERS: Mink The applicant was informed the Commission's action would be effective Tuesday, November 3, 1970, if not appealed. Mr. Meneguzzi was informed that the variance will expire if not exercised within one year of the effective date. 2. VARIANCE APPROVED FOR DUPLEX USE OF SINGLE-FAMILY DWELLING BARROILHET AVENUE. Chairman Sine announced a public hearing on the application of P.M. Montagnoli, 888 Culebra Road, Hillsborough, for variance to use a single-family dwelling at 1512 Barroilhet Avenue as a duplex dwelling. The applicant's communication dated October 9, 1970, stated that the building was converted to a duplex by virtue of a variance granted Mr. E. Van Slyke in April, 1968. The communication stated that structural changes resulted in two front entrances, two separate kitchens, two rear exits and two full baths. Accompanying the application were copies of a "Contract to Purchase -2- Real Property" at 1512 Barroilhet Avenue, executed by Mr. Montagnoli under date of September 29, 1970 and a cable from Ernest D. VanSlyke accepting said offer. A letter dated October 26, 1970, from Patricia Astley-Smith, 1540 Barroilhet Avenue, supported the application for variance. Mr. Montagnoli, in response to the Chair, stated that he desires to provide a home for his parents, recently moved to this area from Chicago and that the subject property appears to be ideal because of location close to transportation and shopping. He stated that he intends that the second unit shall be used for rental purposes and that his offer to purchase is contingent upon approval of the variance. - The City Planner reported that the building, originally a single- family dwelling, is currently a duplex in every sense, that the conversion was permitted as the result of Mr. Van Slyke's plea of ill health and other circumstances that would require another family to live in the building in separate quarters to be avail- able in the event of emergency. The Planner stated that the property is located around the corner from and in the shadow of an apartment house on El Camino Real and that he had voiced no objection, from a planning standpoint, to the conversion allowing duplex use. He recommended approval of the subject variance, pointing out that the structural changes were made with the city's approval. There were no comments favoring or opposing the application from the audience. The hearing was declared concluded. In response to queries from Commissioner Taylor, the City Attorney advised that an owner of property, or any person having an interest therein, may apply for a variance, that in the present instance the applicant's agreement to purchase constitutes an interest in the property. Commissioner Taylor referred to conditions recited in the code requisite to variance grants, stating that the applicant is not the owner and not in a position to claim deprivation of a property right nor harm or injury by reason of denial of the variance. Commissioner Taylor reviewed the circumstances whereby the Com- mission agreed to permit Mr. Van Slyke duplex use, stated that the present applicant is not in a like situation and should attempt to locate a property that will serve his purposes in the established duplex -dwelling areas. -3- The City Attorney commented that when the variance was granted it was to be expected that the present or a similar situation would result; the Commission recognized at the time that the individual to whom the variance was granted would not occupy the house for- ever. He stated that the city was placed in rather an untenable position with respect to the premises, apart from the applicant, when the conversion was permitted but no provision made for its restoration at the termination of the variance, and that there would appear to be no grounds for requiring or expecting a third person to undertake such restoration. Commissioner Kindig stated that the Commission was aware that approval of the variance created a duplex dwelling that would remain beyond Mr. Van Slyke's tenancy but that the location, immediately to the rear of the apartment zone on E1 Camino Real was an influencing factor, and that it is questionable that the variance would have been approved had the property been further west on the street. Chairman Sine requested clarification of the status of an old garage to the rear of the duplex which appears to have been abandoned. The City Planner reported that the }property originally consisted of two lots but was resubdivided by alignment of a side lot line, placing the garage on a separate lot from the dwelling; the new carport on Barroilhet Avenue was constructed subsequent to the resubdivision. There were no further comments. A'motion introduced by Commissioner Cistulli, seconded by Commissioner Kindig, approving the application of P.M. Montagnoli, 888 Culebra Road, Hillsborough, for variance to use the building at 1512 Barroilhet Avenue as a duplex dwelling, was declared carried on the following roll call: AYES: COMMISSIONERS: Cistulli, Jacobs, Kindig, Norberg, Sine NOES: COMMISSIONERS: Taylor ABSENT COMMISSIONERS: Mink The applicant was informed the variance would become effective Tuesday, November 3, 1970, if not appealed. 3. SPECIAL PERMIT FOR CLASSROOMS IN CHURCH -OWNED PROPERTY, PRIMROSE ROAD, APPROVED. Chairman Sine announced a public hearing on the application for special permit filed by United Methodist Church of Burlingame to use existing educational facilities at 139 Primrose Road for pur- poses of the San Mateo County Dysphasia Program. A letter dated October 12, 1970, to the Board of Directors, United -4- Methodist Church of Burlingame, signed by Thelma E. Livingston, Principal Dysphasia Program, stated that the Program is a legiti- mate county agency provided through the County Superintendent of Schools Office, Special Education Division, authorized by the State of California, Department of Education, and not subject to the County Health and Welfare Department. The communication stated that the public interest is served by a program offering educational and language therapy to physically handicapped children afflicted with a disorder known as dysphasia, that the children attend school at all grade levels, some classes being held in special facilities provided by the public school system, others in selected facilities for children too young or too seriously handicapped to cope with activities of a public shool campus. The communication discussed administration of the program, staff employed and advantages of having facilities such as exist at the Methodist Church were an ideal atmosphere can be created for teaching and learning. A copy of a letter dated October 2, 1970, from Mrs. Livingston to the United Methodist Church of Burlingame stated that the Dysphasia Program expects to use the classrooms for a period not to exceed two years. Mr. John Staker, member of the Church Board of Directors, was present, and, in response to the Chair, stated that the Church is more than willing to cooperate with the Dysphasia Program in providing a service to the community, particularly where suit- able facilities are available. Mr. Staker reported that the children will be delivered by servi-cars that will deposit them on the church property; the same service will be provided for delivering the children to their homes. The City Planner stated that there appears to be some question as to the city's area of jurisdiction, inasmuch as the program is part of the public education system, supervised by the County Superintendent of Schools. He advised that the city building inspector does not have jurisdiction in the normal public school, whereas the fire inspector administers rules of the State Fire Marshal and will make his inspections to assure compliance with applicable rules and regulations. There were no comments from the audience favoring or protesting the application. The hearing was declared concluded. A motion introduced by Commissioner Kindig approving the applica- tion of United Methodist Church of Burlingame to use a portion of the building at 139 Primrose Road as classrooms for purposes of the San Mateo County Dysphasia Program was seconded by Commissioner Cistulli and declared carried on the following roll call: -5- AYES: COMMISSIONERS: Cistulli, Jacobs, Kindig, Norberg, Sine Taylor NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: Mink The applicant was informed the special permit would be effective Tuesday, November 3, 1970, if not appealed. 4. SPECIAL PERMIT APPROVED CONTRACTOR'S YARD, BEACH ROAD. Chairman Sine announced a public hearing on the application of Anza Pacific Corporation, 1310 Bayshore Highway, Burlingame, for special permit to maintain a contractor's yard in the industrial district at 370 Beach Road. The applicant's letter dated September 30, 1970, signed by David H. Keyston, Executive Vice President, stated that the site is adjacent at the rear to the drive-in theater, that a redwood slatted chain line fence six feet in height will enclose the lot and landscaping planted and maintained on the sides visible from the street. The communication stated that the yard will be used to store Anza Pacific construction trailers and materials and for the purposes of Honesto Concrete Company, a responsible local contractor. The communication requested approval of the use for a period of at least five years. - A map showing the precise location was filed. Mr. David Keyston stated that the large Anza Pacific construction trailers stored at various locations presently will be removed to the subject site. He advised that Honesto Concrete will store four or five trucks, form lumber and possibly a trailer for tool storage. Chairman Sine stated that he observed items stored in the parking lot adjacent to the site, -in addition to miscellaneous storage on the lot. In response to comments from Chairman Sine and Commissioner Cistulli, Mr. Keyston agreed that an effort would be made to improve the landscaping by additional plantingsf and to maintain reasonably orderly "housekeeping." There were no comments from the audience approving or protesting the application. The hearing was declared concluded. A motion introduced by Commissioner Kindig, seconded by Commissioner Cistulli to approve the application of Anza Pacific Corporation to maintain a contractor's yard at 370 Beach Road, generally in accord with the letter dated September 30, 1970, filed by David H. Keyston, Executive Vice President, was declared carried on the following roll call: -6- AYES: COMMISSIONERS: Cistulli, Jacobs, Kindig, Norberg, Sine Taylor NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: Mink The applicant was informed the permit would be effective Tuesday, November 3, 1970, if not appealed. _.J NEW BUSINESS 1. RECLASSIFICATION CORBITT TRACT. On a motion introduced by Commissioner Taylor, seconded by Com- missioner Kindig and unanimously carried, Monday, November 23, 1970, was selected as the date for public hearing in the matter of reclassification of properties in Corbitt Tract from R-2 to R-3A. 2. CITY PLANNER REPORT Commissioners heard a report from the City Planner on his attendance at the League of California Cities Conference in San Diego, October 25 through 28, 1970. ADJOURNMENT: - The meeting regularly adjourned at 9:15 p.m. Respectfully submitted, Everett K. Kindig Secretary dâ–ºAS PLANNING COMMISSION STUDY MEETING October 14, 1970 1. APPLICATION FOR LOT COVERAGE VARIANCE, 1609 Balboa Way. Mr. and Mrs. Dante Meneguzzi filed an application for variance to allow an addition to the dwelling at 1609 Balboa Way that will increase lot coverage to 45% where the code provides for 400. A plan of the proposed alterations prepared by R.E. Onorato and Associates was filed. The applicant's letter dated September 18, 1970, explained that the dwelling has become somewhat inadequate space -wise for the family of 2 adults and 3 children and that the proposed addition is intended to be used as a family room to create expanded living area. A letter dated September 24, 1970 from Harry T. and Ruth F. Hicks, 1613 Balboa Way, adjacent to the subject property, indicated no objection to the addition. The City Planner reported that the request for variance relates solely to lot coverage; side setbacks and rear yard are in order. In response to Commission inquiry, Mr. Meneguzzi stated that the new con- struction will be one story in height, conforming to the existing building. The City Planner mentioned that on 5 prior occasions there have been similar applications from owners in Ray Park; one, where the proposal was a tower -like structure, was denied --the others all approved. The matter was scheduled for public hearing at the October regular meeting. 2. SPECIAL PERMIT: CLASSES FOR DYSPHASIC CHILDREN. United Methodist Church of Burlingame, 1443 Howard Avenue, submitted an application for special permit to use existing facilities in a church - owned building at 139 Primrose Road to accommodate the Dysphasia Program for San Mateo County, provided through the County Superintendent of Schools Office, Special Education Division. Supporting material accompanying the application included a letter dated October 12, 1970, to the Board of Directors, United Methodist Church of Burlingame, from Thelma E. Livingston, Principal Dysphasia Program, explaining the purposes of the program and administrative procedures and a copy of an informational report presented to the San Mateo County Board of Education by Mrs. Livingston in February, 1970. Mrs. Livingston and Mr. Roy Damonte, Director of Christian Education Methodist Church of Burlingame, were present. The City Planner explained that, with the exception of the public school system, all schools are conditional uses in any district in the city, requiring approval of a special permit and thereby enabling the Planning Commission to investigate location in relation to adjoining properties, parking, traffic and other related matters. He stated that there may be some question as to the city's right to insist on a use permit in the present situation --the school is, in fact, a part of the county school system; the location in a church building, however, appears to be a proper subject for condideration by the Commission. Mr. Damonte stated that existing facilities regularly used. for Sunday School classes are available to the Dysphasia Program. Mrs. Livingston explained that there are classes for dysphasic children at all grade levels and that many of the children can accept normal activities of a public school campus, while attending their special classes; for those who cannot, particularly pre-school and elementary grades, facilities such as are available at the Methodist Church provide the ideal teaching and learning atmosphere. Mrs. Livingston stated that the children are transported by servi-cars, delivered personally to a teacher or aide, that maximum class enrollment is six children, attended by two adults. Mrs. Livingston reported that she is an employee of the San Mateo County Board of Education. The application was scheduled for public hearing at the October regular meeting. 3. VARIANCE FOR DUPLEX USE IN R-1 ZONE. An application for variance filed by Mr. P.M. Montagnoli, 888 Culebra Road, Hillsborough, requested that a prior variance granted personally to Mr. E.Van Slyke for duplex use of R-1 property at 1512 Barroilhet Avenue be amended to allow the use to continue under new ownership. A letter accompanying the application dated October 9, 1970, submitted copies of a "Contract to Purchase Real Property" and a cable from Mr. Van Slyke, accepting the applicant's offer to purchase. The communi- cation stated that the building was altered by the former occupant to provide two front entrances, two separate kitchens, two rear exits and two full baths. The City Planner reported that the existing variance was limited to Mr. Van Slyke's tenure of occupancy, that the building as it exists is a duplex, and that Mr. Van Slyke now wishes to sell and Mr. Montagnoli to purchase and use as a duplex. The City Planner stated that the location is such, immediately adjacent and to the rear of the R-3 zoning on E1 Camino Real and that he found no reason to object to the conversion, from a planning standpoint. The application was scheduled for public hearing at the regular meeting in October. -2- 4. CONTRACTOR'S YARD, ANZA AIRPORT PARK NO. 1. An application for special permit filed by Anza Pacific Corporation pro- posed to establish a contractor's yard in the industrial district at 370 Beach Road, adjacent -at the rear to the drive-in theatre parcel. A letter dated September 30, 1970, signed by David H. Keyston, Executive Vice President Anza Pacific Corporation, stated that the yard will be used to store Anza Pacific construction trailers and by Honesto Concrete Company, a responsible local contractor. The letter stated further that the lot will be fenced on all sides, landscaping increased along Beach Road and, except for normal vehicles, storage limited to six feet., the height of the fence, and requested that the use be approved for a five- year period. A map was filed showing location. In response to Commissioner Kindig, Mr. Keyston stated that it is intended that equipment presently stored at the rear of Lindal Homes operation will be removed to the subject lot. The application was scheduled for formal hearing at the regular meeting in October. CITY PLANNER REPORT The City Planner stated that there appears to be considerable interest among property owners in Corbitt Tract in the proposed reclassification, evidenced by the number of telephone calls and personal visits to his office. He reported that opinions are varied, some owners appear to oppose any change, whereas others want more than R-3A. He advised that subsequent to the meeting with the property owners when the matter of reclassification was first broached, -he prepared a second map excluding the lots that front Oak Grove Avenue and Park Avenue and that both maps will be presented at the time of the public hearings. In response to the Planner's request, Commissioners agreed to take an action at the October regular meeting setting the date for a public hearing on reclassification in Corbitt Tract. The City Planner mentioned also that he has received at least a dozen inquiries concerning a change in zoning from owners :in the Arundel/Dwight Roads area and that, hopefully, the preliminary work there can be started after the first of the year. ADJOURNMENT The meeting regularly adjourned at 9:45 p.m. Commissioner Mink reported that he will be away from the city at the time of the next meeting. Respectfully submitted, Everett K. Kindig Secretary -3-