HomeMy WebLinkAboutMin - PC - 1970.04.27CITY OF BURLINGAME PLANNING COMMISSION
COMMISSIONERS PRESENT
Cistulli
Kindig
Mink
Norberg
Sine
Taylor
CALL TO ORDER
April 27, 1970
COMMISSIONERS ABSENT OTHERS PRESENT
None City Attorney Karmel
City Planner Mann
City Engineer Marr
Councilman Amstrup
A regular meeting of the Burlingame Planning Commission was called to
order on the above date at. 8:00 p.m., Chairman Mink presiding.
ROLL CALL
All members were present.
MINUTES
The minutes of the regular meeting of March 23, the adjourned meeting
of April 13 and study meeting of April 13, 1970, ;previously submitted
to members, were approved and adopted.
ACKNOWLEDGMENT
Chairman Mink acknowledged the presence of Councilman Amstrup, Vice -
Mayor.
1. RESUBDIVISION MAP COMBINING LOTS ON HINCKLEY :ROAD.
A map prepared by Louis A. Arata, Civil Engineer and Surveyor, for
Mr. Harry Scott, land owner, proposing to combine 3-1/2 lots in
Block 6, East Millsdale Industrial Park Unit No. 2 into a single par-
cel, was reviewed at the study meeting and referred to the present
meeting for formal consideration.
When it was determined that there was no one present to represent the
proponents, the City Planner reported that Ampex Corporation leases
the existing building and, additionally, an adjacent lot owned by the
same owner, for purposes of parking, and that the map was prepared at
the request of city staff to correct building code problems in con-
nection with a proposed structural addition and to include building
and parking on the same property.
The City Engineer, in response to the Chair, stated that the map was
in order.
There were no comments from the audience in response to the Chair.
A motion introduced by Commissioner Cistulli, seconded by Commissioner
Sine and unanimously carried on roll call, approved the resubdivision
of Lots 21, 22, 23 and a portion of Lot 24, Block 6, East Millsdale
Industrial Park Unit No. 2, in accordance with the map dated
March 6, 1970, prepared by Louis A. Arata, Civil Engineer and Surveyor.
HPARTMGS
/ 1. VARIANCE APPROVED FORSTUDIO SPECIALIZING IN ART OF SELF-DEFENSE
(KARATE) IN THIRD -RESIDENTIAL DISTRICT.
Chairman Mink announced a public hearing on the application for
variance filed by Martin J. Mackowski, 1328 Cabrillo Avenue, Burlingame,
to operate a "self-defense studio specializing in children ages 10 to
15" in a rear ground -floor unit of an apartment building at
1045 El Camino Real. Zone R-3.
The applicant's letter dated April 9, 1970, stated that the unit is
35 feet by 30 feet, designed and built for the owner of a ballet
studio who conducted dancing classes there for many years.
The communication stated that the applicant is a member of the teaching
staff at Our Lady of Angels School, Burlingame, has had extensive
experience in the art of self-defense and trains currently with
Mr. Tony Troche, an expert in the field.
The communication stated that approval of the variance will permit
the school to continue in a low -rental location, an advantage passed
on to the students in the form of reduced tuition, will enable the
property owner to continue to use the unit for a purpose similar to
that for which it was originally intended, rather than being forced
into costly remodeling for residential use, and will serve the public
interest through benefits the young people derive from intensive
training in self-discipline, basic to the art of unarmed self-defense.
A number of photos were filed depicting activities of the school.
Mr. Dermott Fitzgerald, Attorney -at -Law, represented the applicant.
Mr. Fitzgerald, accorded the privilege of the floor by the Chair,
commented favorably on the new city hall, in his opening remarks.
Referring to his client's proposal, Mr. Fitzgerald noted that many
of the large group present came to support Mr. Mackowski's cause,
pointed out that a dancing school existed for years in the studio
now occupied by Mr. Mackowski, and that there have been no problems
nor complaints of nuisance during the 14 months or more of his tenancy.
Mr. Mackowski, upon recognition by the Chair, stated that he was not
informed by the real estate person from whom he rented that the
intended use would be in violation of existing laws.
The City Planner, in response to Commissioner Cist.ulli's request for
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clarification as to circumstances that brought the operation to the
city's attention, reported that he received a copy of a letter from
the fire inspector to Mr. Mackowski, after the former's visit to the
property, and that he was unaware of the school's existence, prior
to that.
In additional comment, the City Planner stated that the code recites
the conditions whereby schools are permitted in residential districts.
He referred to two in locations on El Camino Real -- both operated by
non-profit organizations -- Peninsula Conservatory of Music and
Peninsula Early Learning Center, the latter specializing in training
ohildren of pre-school age, and explained that in normal zoning prac-
tice, true educational schools are permitted in residential districts
without argument. He stated there is a question :in his mind that
the facility operated by the applicant may correctly be categorized
"educational."
Chairman Mink invited comments from the audience favoring the variance.
Mr. Thomas Smith, Burlingame, stated that his 13 year old son is an
enthusiastic participant in the Karate classes, earning funds to
finance the tuition; furthermore, Mr. Mackowski provides a valuable
service, not only to young people, but to parents who can be assured
that their children are engaging in supervised activities with their
friends.
Mr. Tony Troche, recognized authority in the field of unarmed self-
defense systems, stated that Mr. Mackowski is one of 12 students whom
he personally trains in a system designed to develop absolute physical
self-control, with resultant benefits of physical fitness, courage
and self-confidence. He stated that he makes regular inspection visits
to the local studio.
Mrs. A. Morgan, Hillsborough, urged favorable consideration to the
variance, explaining that, as a parent of children attending Our Lady
of Angels School, she is personally knowledgable of Mr. Mackowski's
concern and interest in the welfare of young people. Mrs. Morgan
stated further that, in the present location, the studio is convenient
and easily accessible to the children.
Mr. Leo Tealdi, 1645 Marco Polo Way, and Mr. Bernard Archbold,
1401 Columbus Avenue, parents of students in the Karate classes, echoed
the comments of the previous speakers; the latter identified himself as
an educator and spoke of the community's responsibility to furnish
opportunities for young people to participate in :supervised training
and instruction, apart from normal school -day routine.
Mrs. Lester Lipinski, 1523 Alturas Drive, stated 'that not every child
is interested in nor talented in sports, nor in music; she spoke of
the Peninsula Conservatory of Music and its cultural contribution to
the community and pointed out that, for some, a school devoted to body
and mind development is equally important.
There were no further comments supporting the application.
Communications in opposition were read from Mrs. Lillian E. Torrisi,
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1035 E1 Camino Real (no reasons given) and a memordandum from the
Office of the City Clerk dated March 27, 1970, reporting a telephoned
message from Mr. Edward F. Zieminski, 1105 El Camino Real, protesting
that the use would be undesirable and create further traffic con-
gestion.
The following spoke from the floor:
Mr. Ernest A. Schroder, 1043 Balboa Avenue, commented on traffic con-
gestion and parking problems, stated that the use is commercial and
that approval of the variance will establish a precedent for intrusion
of additional commercial establishments in a residential district.
Miss Susan Schweer, resident manager 1035 E1 Camino Real, and
Mr. E. Mackitarian, 1438 Floribunda Avenue, owner of property within
the area of the subject property, objected on the same grounds as
the previous speaker. Miss Schweer, amplifying her position, stated
that apartment building owners will be penalized, because commercializm
of a residential area will be harmful to tenant potential, and sug-
gested that the studio be relocated to an established commercial dis-
trict.
There were no further protests.
Copies of letters written by Howard Pearson, Fire Department Inspector,
dated March 12 and April 7, 1970, to Mr. Mackowski were read, noting
conditions in the operation in violation of city and state require-
ments and setting forth structural corrections and installations
required to conform to State Fire Marshal rules and regulations.
A letter dated April 27, 1970, addressed to the City Planner from
J.H. Calwell, Chief Building Inspector, noted requirements that must
be met for C occupancy, according to the Uniform Building Code.
The City Planner reported that he visited the premises, made an
inspection of the exterior only and discovered there are six dwelling
units in the building and an equal number of parking spaces in a
carport/garage at the rear, that there was one car in the garage and
three parked in the front setback, that there is no room to expand
the parking and that it would appear there are more automobiles tenant -
wise than spaces.
The City Planner reported that to satisfy building and fire department
requirements will involve a sizeable financial investment and that
classroom use of the studio must cease until such requirements have
been met. He stated that in a recent conversation with Mr. Roy Healey,
Current owner, the latter reported he was assured by real estate
people that the school would be permitted.
The City Planner stated that the building inspector prepared rough
sketches to show how the required sanitary facilities could be accom-
plished.
Mr. Fitzgerald, in response to Chairman Mink, referred to protests
relating to parking and traffic and to the allegation that the use
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would be "undesirable," pointing out that Mr. Mackowski has been on
the premises for 14 months and there have been no complaints of
problems generated by the school or the students, during that time.
He stated that the precedent for other than total residential use
of the building is long-standing, because of the prior dance -school
use.
Mr. Fitzgerald suggested that the Commission consider approving the
application for a limited time, with a condition that the applicant
reappear for an experience review.
Commissioners were invited to comment.
In response to a series of inquiries directed by Commissioner Cistulli,
Mr. Mackowski indicated that the operation came to the attention of
the city as the result of an inquiry to one of the city departments by
a parent concerned with safety requirements.
Mr. Mackowski reported that no more than two or three students drive,
the majority walk; those that do drive, park on side streets, as do
parents who meet the children after classes.
In response to Commissioner Taylor, the City Planner reported there
has been no business license issued to the applicant.
In response to Commissioner Taylor's reference to code conditions
requisite to variance grants, Mr. Fitzgerald stated that denial of
the variance will deprive the owner of the full use of the property
by prohibiting a use that was provided for when the building was
constructed.
At Commissioner Cistulli's suggestion, the Chair .invited a boy and a
girl in the audience to speak in behalf of their peers.
Stephen Lipinski, 1523 Alturas Drive and Andrea Bevins, 11 Vista Lane,
agreed that participation in Karate encourages development of physical
skills and promotes self-discipline, self-confidence and respect for
others.
Commissioner Kindig stated that it would appear that the advantages
of the services offered by Mr. Mackowski, from the statements of
parents and children, would outweigh disadvantages normally associated
with a commercial use in a residential building, particularly where
the business operated for over a year before city staff was alerted.
Commissioner Sine stated that he inspected the property, observed that
there would be structural problems and considerable expense involved
in furnishing separate dressing rooms and restrooms, to conform to
building code standards, and suggested that Mr. Mackowski consider dis-
continuing coeducational classes and providing a single proper rest -
room.
The City Planner stated that the owner will be required to correct
structural deficiencies uncovered during building and fire department
inspections, irrespective of the city's disposition of the request for
variance. _5_
Commissioner Taylor, complimenting the young people in attendance on
their interest and exemplary behavior, explained that, in his judgment,
the applicant failed to present suitable justification for a variance
grant.
The hearing was declared concluded.
A motion introduced by Commissioner Cistulli to approve a variance for
the use of a rear ground -floor unit in the apartment building at
1045 E1 Camino Real for purposes of a self-defense studio, specializing
in children agres 10 to 15 was conditioned as follo s: variance to
be granted to Mr. Martin J. Mackowski, personally,I�Sompliance with all
applicable code requirements, including state laws and regulations.
The motion was seconded by Commissioner Kindig.
Mr. Mackowski, in response to the Chair, stated that he will attempt
to find a temporary location, perhaps room on the property of the
Church of Our Lady of Angels, until the studio is made to conform to
code.
Chairman Mink stated that he was fully cognizant of the benefits the
young people receive from the training but was bound by an obligation
to support and maintain the city's established policy that residential
and commercial uses shall not be combined in a residential building
in a residential area.
A roll call on the motion was recorded as follows:
AYES: COMMISSIONERS: Cistulli, Kindig, Norberq_, Sine
NOES: COMMISSIONERS: Mink, Taylor
ABSENT COMMISSIONERS: None
Chairman Mink announted that the Commission's action is subject to
review by the City Council at its regular meeting on Monday, May 4,1970.
Chairman Mink expressed appreciation to those in attendance for their
interest in city affairs, particularly the students.
RECESS
Following a recess at 9:25, Chairman Mink reconvened the meeting at
9:35 p.m.
HEARINGS (cont.)
2. SPECIAL PERMIT APPROVED _ OUTDOOR AUTOMOBILE STORAGE
ROLLINS AND MARSTEN ROADS.
Chairman Mink announced a public hearing on the application for special
permit filed by John Baeza for Elgin Auto and Body, 1304 Marsten Road,
to occupy a vacant lot at the corner of Marsten and Rollins Road for
purposes of automobile storage and parking.
The applicant's communication dated March 9, 1970, stated that if the
permit is approved a fence will be erected inclosing the site and
landscaping planted and maintained.
Q.
The City Planner, in response to the Chair, stated that Mr. Baeza
intends to use the lot in conjunction with the body repair shop that
he operates on the adjacent parcel, that he needs the additional
storage space for vehicles that have been involved in accidents and
must be held for insurance adjustments, before repairs can be made.
He stated that he has no objection to the proposal, providing that
Mr. Baeza installs a suitable fence and shrubbery.
There were no comments from the floor in favor of the application,
in response to the Chair.
A letter dated April 27, 1970, from Mr. and Mrs. Henry E. Lapkin, Jr.,
Hillsborough, owners of property at 1275 Rollins Road, directly
across from the subject property, objected to the permit, unless the
site is completely fenced.
Comments from the audience protesting the application were invited.
Mr. Herbert Clarke, in behalf of W&W Tool and Die Company at
1322 Marsten Road, stated that the site proposed to be used by
Mr. Baeza has never been maintained and is a source of annoyance to
all of the neighboring owners. He stated that his principals will
withdraw their objections, if the lot is fenced.
Mr. Henry Lapkinwhgse letter was read earlier, indicated that he, too,
would not object, //provided the lot is fenced.
The hearing was declared concluded.
A motion introduced by Commissioner Taylor, seconded by Commissioner
Kindig and unanimously carried on roll call, approved the application
of Mr. John Baeza for Elgin Auto and Body, 1304 Marsten Road, to
store automobiles on vacant land at the easterly corner of Rollins
and Marsten Roads, subject to the site being enclosed with a cyclone
fence with redwood inserts, six feet in height, set back two feet
from the property line to allow for a landscaping area, properly
planted and maintained.
The applicant was informed that the permit would 'be effective Tuesday,
May 5, 1970, if not appealed.
NEW BUSINESS
1. ARCHITECTURAL DESIGN APPROVED, SERVICE STATION BAYSHORE HIGHWAY.
Mr. Norman Miller, Union Oil Company Real Estate Representative and
Mr. David Keyston, Anza Pacific Corporation, were present to discuss
architect's plans for a service station adjacent to Charley Brown
Restaurant, approved in principle approximately 14 months ago.
In response to Chairman Mink, Mr. Keyston stated that the design has
been made to conform as closely as possible with Charley Brown
Restaurant, and that the preliminary plans have been sent to Host
International, parent company for Charley Brown Restaurants.
In response to Commission inquiry concerning the parking situation,
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Mr. David Keyston explained that the original plot reserved for the
service station proved to be inadequate, necessitating partial
rearrangement of the parking layout for Charley Brown Restaurant.
Mr. Keyston referred to a strip 32 feet in width :between Charley Brown
and Tia Maria Restaurants, reserved for parking for either business,
and reported that, by agreement between Charley Brown, Union Oil Company
and Anza Pacific Corporation, 15 spaces in the restaurant service area
were released to Union Oil Company; furthermore, 21 spaces in the
reserve strip were added to Charley Brown, resulting in a total of
140 spaces for that restaurant and 106 for Tia Maria.
Mr. Miller, in response to the Chair, stated that the proposed sign
will conform to code with a gross height of 25 feet 6 inches and that
internal lighting will be installed in the rotating fixture at the
top of the standard.
Mr. Miller, in response to Commissioner Norberg, agreed to a slight
change in the right elevations, replacing two small louvers with a
single large one.
A motion introduced by Commissioner Sine, seconded by Commissioner
Cistulli and unanimously carried, approved preliminary plans fur-
nished by Union Oil Company of California for a gasoline service
station on the lands of Anza Pacific Corporation adjoining
Charley Brown Restaurant.
2. ELECTION OF OFFICERS.
Chairman Mink announced that nominations were in order for officers
of the Commission, for the term April, 1970 to April, 1971.
CN' 3 WI
On a motion introduced by Commissioner Cistulli, seconded by Com-
missioner Norberg, Commissioner Thomas W. Sine was; elected Chairman
by acclamation.
VICE-CHAIRMAN
On a motion introduced by Commissioner
missioner Norberg, Commissioner Frank
man on a unanimous vote.
SECRETARY
Sine, seconded by Com-
Cistulli was elected Vice -Chair -
On a motion introduced by Commissioner Cistulli, seconded by Com-
missioner Sine, Commissioner Everett K. Kindig was re-elected Secretary
on a unanimous vote.
Retiring Chairman Mink expressed appreciation to fellow Commissioners
for their cooperation during the two years he served in the capacity
of chairman, commenting that the Commission accomplished a great deal
for the benefit of the city, during that time.
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3. VICE -MAYOR COMMENTS.
Chairman Mink recognized Councilman Amstrup, who, as Vice -Mayor and
in behalf of the City Council, commended Commissioners for their
untiring and dedicated efforts in the city's behalf, and made
special mention of Chairman Mink's outstanding performance during
his two terms in the Chair.
4. CITY PLANNER REPORT.
The City Planner advised of recent conversations with the City
Attorney concerning the matter of taking actions where an operation
is not in accord with conditions that were made a part of variance
and use permit grants. He stated that the City Attorney learned that,
under the county system, such matters are returned to the planning
commission for review.
The City Planner stated that he is preparing a change in the coning
ordinance whereby the planning commission will be allowed to con-
duct review hearings under similar circumstances, with the applicant
having the right of appeal to the city council, and that he is hope-
ful the amendment will be received favorably.
5. PLANNING COMMISSIONERS INSTITUTE.
Commissioners were furnished literature on a forthcoming institute
devoted to planning, to be held at Disneyland June 3,4,5.
ADJOURNMENT
The meeting was regularly adjourned at 10:15 p.m.
Respectfully submitted,
Everett K. Kindig
Secretary