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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 -2- 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, -3- 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 -4- 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, -7- 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. -8- 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