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HomeMy WebLinkAboutMin - PC - 1971.09.27THE CITY OF BURLINGAME PLANNING COMMISSION September 27, 1971 COMMISSIONERS PRESENT COMMISSIONERS ABSENT OTHERS PRESENT Cistulli None Jacobs" Kindig Mink Norberg Sine Taylor CALL TO ORDER City Planner Swan A regular meeting of the Burlingame Planning Commission was called to order on the above date at 8:00 p.m., Chairman Sine presiding. ROLL CALL The above -named members were present. MINUTES The minutes of the regular meeting of August 23, the adjourned meeting of September 13 and the study meeting of September 13, 1971, submitted to members previously, were approved and adopted. 1. SIGN VARIANCE APPLICATION - FRED HARVEY'S AIRPORT 14ARINA HOTEL, FOR SIGN AND 34 FOOT MAST AT 1380 OLD BAYSHORE Chairman Sine announced consideration of this application. A new rendering of the proposed sign was presented to Commission members. The Airport Marina Hotel was represented by Mr. Larry Rickart, hotel manager, and Mr. Stan Eisenhardt, hotel engineer. Mr. Rickart informed the commission that the hotel considered this type of sign best for their purposes, hence they had applied for a variance. City Planner Swan gave the background of the application, stating that the sign is a symbol attracting attention to the premises, and in this case can be considered a precedent since the entire mast would be a sign well above the permitted height of 20'. Mr. Rickart noted that the sign is still only 19'; the mast itself was 346". He was informed by the Chairman that the whole structure was still considered a sign. Mr. Eisenhardt explained that this mast was originally considered as only a flag pole, but they needed a sign for restaurant identification and decided it would be all right to put it on a pole if the sign were below 20'. Commissioner Cistulli noted that if they were to put up a 30' flag pole it would be legal; and since they wanted to keep the identification sign on it below 20', it should be favorably considered. Chairman Sine pointed out that if this variance were granted it would be a second identification sign. He stated that the Airport Marina has presented and had approved by staff the modification of another sign showing "Shipwreck Kelley's and Marina Hotel." Commissioner Cistulli remarked that the matter under consideration was the mast - 2 - and not this new proposed sign. It was brought out that only the American and State flag would be flown, no pennants. There were no comments 'from the audience either for or against this variance, and Chairman Sine declared the public meeting closed. The City Planner, upon being asked to comment, repeated that this whole structure is a pole sign by definition, and should not be considered as a precedent to allow any symbol of that type. Commissioner Norberg stated that since the sign itself was within limits, the variance should be allowed. He stated that no one should be discouraged from flying the American and State flags. Commissioner Jacobs agreed with these sentiments, since the sign was within limitations, and felt no precedent would beset. Commissioner Taylor had no comment. Commis- sioner Mink thought it commendable that the mast would be used as a flagpole, since the sign itself was under 20'. Commissioner Kindig dis- agreed, stating the whole mast was an advertising structure, and there- fore a sign. Chairman Sine agreed, stating that this was not a flagpole but a replica of a ship's mast being used for advertising. Commissioner Mink moved that the sign variance application for Shipwreck Kelley's at the Airport Marina Hotel, 1380 Old Bayshore, be approved subject to these restrictions: only the American and State Flags be flown; the mast be allowed to stand only as long as Shipwreck Kelley's is in operation at this hotel; and that this be the last sign, no other exterior advertising signs be allowed at this location. Commissioner Cistulli seconded the motion, and it passed on the following roll call vote: Ayes: Commissioners Cistulli, Jacobs, Mink, Norberg, Taylor Noes: Commissioners Sine, Kindig Chairman Sine informed the applicant this variance would become effective October 5 unless appealed to the City Council. 2. APPLICATION FOR SPECIAL PERMIT - WILLIAM J: THOMPSON, 2701 MARIPOSA AVENUE, MODIFICATION OF EXISTING ACCESSORY STRUCTURE Chairman Sine announced this application for consideration, and the Commission Secretary read to the public the letter of application. Mr. Thompson was not �r esent, but was again represented by Attorney Cyrus McMillan. Mr. McMillan went into the history of this application, stating that in 1964 Mr. Thompson had requested a variance for a two- story accessory building. The application was denied. Sometime in 1969, however, an accessory structure was built without a permit; and in December 1969 Mr. Thompson again applied for a variance for it. This was denied. At a meeting of the City Council on 2/2/70 it was recommended that Mr. Thompson either restructure or remove this accessory building by March 15, 1970. This was not done by him, and the City filed suit against him on April 1, 1971. Mr. McMillan and three staff members, the City Attorney, the City Planner and the Building Inspector, visited the site of the accessory building; and they discussed the matter with him. Mr. McMillan stated the structure was well-built and it seemed a waste to demolish it. He noted that accor ding to the new plans the non -conforming issues would be resolved such as separation of the accessory building from the main structure and a one hour fire wall on the side property line. He noted that - 3 - there are windows on the rear property line, but there is a slope there which cannot be built on. He mentioned the fact that it does not have a foundation as such. There was discussion. Commissioner Cistulli stated that he would not like to act on the application at this meeting because the City Attorney was not present to consult, and the City has a suit pending against Thompson. He moved that this application be postponed to another meeting, but the motion died for want of a second. Chairman Sine asked for comments from'_the audience in favor. There were none. He then asked the City Planner for a summary of the situation. The City Planner set forth the facts as before stated, and added that the City Attorney had indicated that such an application coming before the Commission can be continued, can be denied, or it can be certified with a recommendation to the City Council. Chairman Sine then asked for audience comments against this variance granting. Mrs. Harold Gruner of 2713 Mariposa stated that her property looked down on Mr. Thompson's backyard and it was an unattractiv structure. She asked what the present plans were, and the Chairman explained the modification. She voiced the opinion that Mr. Thompson had not complied with rules in the past and very possibly would not comply with the proposed modification. Mr. Doyle Hayle of 500 E1 Camino also asked for details on the situation and both the Chairman and Mr. McMillan gave him further information. Mr. Hayle felt that Mr. Thompson should be given the variance because it is a violation of constitutional rights not to allow people to do as they please with their own property. There were no more comments and the public hearing was declared closed. The Chairman declared a five-minute recess. RECONVENE Following a recess at 8:50, Chairman Sine reconvened the meeting at 9:00. CONTINUATION OF HEARING During Commission discussion, Commissioner Norberg declared he could not understand granting a variance on an illegal structure. Commissioner Mink stated he chose as one member of the Commission not to prejudice the action before the courts by either denying or approving; that since the City felt it must resort to the courts, it is in the hands of the courts. He also felt it was not fair for the Commission to postpone this matter until Court action had been taken, since the applicant deserved some sort of action. He stated that he would make a motion with the express purpose of abstaining from voting, since four affirmative votes are required to pass it. He moved that Mr. Thompson's application for variance be approved. Commissioner Cistulli seconded the motion. Commissioner Taylor stated he thought the maker of a motion was required to vote. There followed a discussion of rules of procedure. Commissioner Mink withdrew his motion and Commissioner Cistulli his second. Commissioner 7/z�/-7, Mink then moved that this item be delayed until the next regular meeting of the Planning Commission because of lack of counsel. Commissioner Cistulli seconded the motion and it passed on the following roll call vote: Ayes: Commissioners Cistuili, Jacobs, Mink, Norberg, Sine Noes: Commissioners Kindig, Taylor Chairman Sine announced the continuation of this application to the next regular meeting of the Commission. 3. APPLICATION FOR VARIANCE - THOMAS E. MEAKIN, 2828 HILLSIDE DRIVE, ADDITION TO FIRST AND SECOND FLOOR OF RESIDENCE. This application was announced for hearing by the Chairman. Mr. and Mrs. Meakin were present. Plans were distributed to the Commission. Secretary Kindig noted a letter from Mr. John H. Devitt, Architect, describing the addition to the dwelling and stating that basically the variance is for a 10' to 13' rear setback in lieu of 151. There was also a letter of application from Mr. Meakin and two letters from adjacent neighbors, Mr. S. Szedin and Mr. F. Fena, stating that they approved of this addition. On the Chair's invitation, Mr. Meakin informed the Commission he felt this variance was necessary in order to architecturally maintain the flow of the house, that more room was needed and this was the only way to expand it. Chairman Sine asked for comments from the audience in favor. Mr. Dermit Fitzgerald, 2820 Hillside, spoke. He mentioned the unusual shape of the lot and that this is a long house situated at the back of the property with almost no back yard. He felt this was the only logical manner to make an addition to the house and that it would not be detrimental to any of the neighboring properties. Mr. Cyrus McMillan stated he lived across the street from Mr. Meakin and had no objections. City Planner Swan had no comments. There was no comment from the audience against the variance. The public hearing was declared closed. During Commission discussion Commissioner Norberg gave his approval, in view of the fact that it was a necessary addition and both adjacent neighbors had approved. Commissioner Jacobs thought that location on the lot was the only wa'y to do a good job architecturally, and approved. Commissioners Taylor, Mink and Kindig voiced approval, as well as Chairman Sine. Commissioner Cistulli moved that the application for variance by Thomas E. Meakin, 2828 Hillside Drive be approved. Commissioner Jacobs seconded the motion, and it passed unanimously on roll call vote. The Chairman informed the applicant that this variance would become effective October 5, 1971, unless appealed to the City Council. 4. APPLICATION FOR SPECIAL PERMIT - RONALD A. ROSBE RG, 1669 OLD BAYSHORE HIGHTi%7AY, RETAIL SALES IN LIGHT INDUSTRIAL AREA This application was announced for hearing. Commission Secretary - 5 - Kindig read letter of application and noted a letter from Banner Aircraft International, 824 Cowan Road, stating they approved Mr. Rosberg's proposed retail business of office equipment. Mr. Rosberg was present, as well as his attorney, Mr. McMillan. The attorney brought out the fact that much of this area is not light industrial, mentioning several hotels, restaurants, and offices. He also stated that there were two copy shops already in this area and that the Commission had recently approved the application of an office supply and stationery store. He stated that the Burlingame Chamber of Commerce manager approved of Mr. Rosberg's proposed business, and listed Mr. Rosberg's present customers -for office equipment. Mr. Rosberg addressed the commis3ion, stating that he was in the repossession business. When office equipment is repossessed it is store( in the location at Cowan Road and cleaned, then offered for sale to dealers. He now wants to offer it at retail sale to various businesses in the area. When the question of auctions was raised he stated that he was not at the hearing for an auction license but for a retail license, and that was his only purpose. Chairman Sine asked for comments from the audience in favor of this application. Mr. William Hauser, Manager of the Chamber of Commerce, responded, stating he wished to substantiate Mr. Rosberg's remarks and that the Chamber had not ever -had any adverse comments or complaints about his operation. There were no comments from the audience against this application and the public hearing was declared closed. During the period of Commission discussion, Commissioners Norberg, Jacobs, and Taylor indicated no objection. Commissioner Mink brought up the question of parking area in relation to the amount of space Mr. Rosberg is renting - 10,000 square feet for the warehouse and 3,000 square feet for the office. He was informed by Mr. Rosberg that there was 25,000 square feet of parking in the lot in back of the warehouse. The City Planner commented that he did not go to the rear of the building but there were 21 spaces in front. However, he felt that there might be a traffic hazard for cars going north on Old Bayshore and wishing to turn into the area. Commissioner Kindig indicated he felt little objection, but definitely wished to limit the business to office equipment and furniture. He felt the store was not attractive and the garish signs in the window should be eliminated. Mr. Rosberg agreed to this. Commissioner Kindig noted he would be reluctant to have Mr. Rosberg retailing to the general public in this area. Mr. Rosberg went into details of his three stores maintained by his repossession business, each selling a different type of merchandise; and stated he had no desire to sell anything in this location but office equipment and furniture. Commissioner Cistulli noted that Mr. Rosberg had been asked to main- tain his former store on Burlingame Avenue more neatly, and he had not done so. He wondered if it would be the same at this location and hoped there would not be a mass of advertisement. He stated, r however, he would be in favor of the permit provided it were restricted to only office furniture and equipment and no other type of merchandise. The question was raised as to what exactly constitutes office equipment, and calculators, adding machines, typewriters; copying, addressing, mailing, dictating, and multigraphing machines were among those listed. The City Planner reported the Code states special uses may be permitted if the site and proposed development plans are first approved. Suffi- cient data should show floor areas and parking areas for the proposed use. He informed the Commission that in his opinion a specific area of the building should be designated for retail sales and a specific area for warehousing and repairing. Commissioner Mink concurred and suggested that this application be put off until the study meeting so that the applicant could present a sketch showing the exact layout of the building. Commissioner Taylor agreed. There followed a lengthy discussion during which Mr. Rosberg-protested that he would rather not spend any more time than necessary since he was being pressured for a lease and could not resolve that matter until he was granted a permit. It was finally agreed that Mr. Rosberg should use only the front 3,000 square feet of the building for office space and retail sales. Commissioner Taylor introduced a motion that the application for special permit for retail sales filed by Ronald A. Rosberg, 1669 Old Bayshore, be approved contingent upon his furnishing to the City Planner a sketch of the proposed operation showing the retail sales and office space limited to 3,000 square feet. The motion was seconded by Commissioner Norberg and passed unanimously on roll call vote. The Chairman informed the applicant that the variance would be effective October 5 if not appealed to the City Council, and cautioned him that this was a special permit subject to recall if all conditions were not met and maintained. 5. APPLICATION FOR SPECIAL PERMIT - MUSIC BCX INC. 868 COWAN ROAD - WAREHOU SE SALE S Chairman Sine introduced this application for hearing. Commission Secretary Kindig read the application letter in which it is requested that this business be permitted to hold two or more warehouse sales in order to take care of overstock. There was a second letter under date of September 24, 1971 requesting one specific date, weekend of November 13, and stating that 30 days' notice could be given on the future second sale. Tom Jones, General Manager of the Music Box, was present and told the Commission he felt he was not asking for anything detrimental to the area, nor would it be a permanent thing. Upon being questioned by the Commission, Mr. Jones stated he would be happy with such a permit for the period of one year, with a maximum of three warehouse sales per year, prior notice being sent to the Commission before each one. He would come in at the end of the year for an extension of the permit, and would be willing to have the sales on weekends only - no working days. The City Planner had no comment. There was no response from the audience either for or against the variance, and the public - 7 - hearing was declared closed. Commissioner Cistulli stated he approved of the sale three times a year with prior notice. The rest of the Commission had no comment. Commissioner Cistulli moved that the application for special permit for the Music Box Inc., 868 Cowan Road be approved for a period of one year with three warehouse sales per year, prior notice to be given on each one to the City Planner, and sales to be held on weekends only. Commissioner Mink seconded the motion and it passed unanimously on roll call vote. Chairman Sine informed the applicant the special permit would become effective October 5, 1971 if not appealed to the City Council. 6. ORDINANCES: a. Radio and Television Antennas A proposed ordinance adding to the City Code limitations on radio and television antennas, presented to the Commission at the study meeting of September 13, was discussed. Commissioner Mink questioned the 150' height limitation in the C-4 zone, stating this was as high as a fifteen -story building, and he had found no building height limitations in the C-4 zone. Chairman Sine suggested a limit of 15' above the roof line. Commissioner Mink thought the ordinance should be reworded both as to total height and height above the roof line. Commissioner Taylor suggested this might be unfair to lower buildings as far as reception was concerned. Chairman Sine felt the reception in this area was so adequate that 15' above the roof structure would be quite satisfactory. There was further discussion, and it was agreed that the ordinance be.referred back to the staff for rephrasing and considered at the next Commission study meeting. b. Sins A draft of a proposed ordinance amending the municipal code regulating the height of pole signs was presented to the Commission for its consideration. It was noted that the height limitation was not included for the C-3 and C-4 zones and this should be rewritten. There was a definition of the pole sign and a discussion of the various types. It was agreed that this ordinance should be reworded as to the waterfront commercial districts and be considered at the next study meeting. NEW BUSINESS: Meeting Dates: Due to the two Monday holidays in October, it was necessary to change meeting dates. After discussion it was decided to hold the study meeting on Wednesday, October 13 and the regular meeting on Wednesday, October 27. Sidewalk Obstructions: Commissioner Jacobs again introduced this subject and it was discussed. Chairman Sine recommended that this be brought to the attention of the City Council. ADJOURNMENT. The meeting was regularly adjourned at 11:00 p.An. Respectfully submitted, T\__---_J_L .. .s- --JI -- IY_ _. ._—____ RECEIVED SEP Z Z 1971 PLANNING COMMISSION STUDY MEETING CITY OF BURLINGAME 13, 1971 1. VARIANCE APPLICATION BY FRED HARVEY' S AIRPORT MARINA HOTEL, FOR SIGN AND 24 FOOT MAST AT 1380 OLD BAYSHORE Chairman Sine announced consideration of this application. An elevation sketch, plot plan and the application itself were examined by the Com- missioners. Mr. Stan Eisenhardt, hotel engineer, and Larry Rickart, hotel manager, were present as representatives of the applicant. Mr. Eisenhardt told the commission that the mast would be 34' high; the sign - 20" wide - would be 18' above the sidewalk. The structure would be on the North side of the Airport Marina Hotel. Contrary to the sketch, it would not bear pennants, but would have 4' x 6' American and State flags at the top of the mast. The mast would be constructed of a light post standard with stainless steel guy wires. In the discussion it was remarked that other hotels and restaurants in the area had conformed to code regulations. The mast by itself would be all right, but with the addition of a sign, the whole structure must be considered a sign more than 20 feet in.height and therefore against the code. The Chairman informed the applicant that this application would be considered at the public hearing of the commission in two weeks providing that more comprehensible drawings were presented. 2. APPLICATION FOR SPECIAL PERMIT - RONALD A. ROSBERG, 1669 OLD BAYSHORE HIGHSVAY, RETAIL SALES. The Chairman introduced this item for consideration. A letter of application was explained by the applicant's representative, Attorney Cyrus McMillan, who stated that this site was across the street from the Avis facility on Old Bayshore, and that at the present it was strictly a wholesale operation. He stated that Mr. Rosberg wanted to make it retail for office furniture and equipment only, with no display area being visible from the street. He claimed the site is well located for this -use. Due to the many office buildings in the area, there wa- a need for such a store. The business is now called "The Repo Depot." Mr. McMillan noted that the Commission recently approved a retail outlet for office and stationery supplies in..this area. He was asked if Rosberg wanted to have auction sales also, and the attorney replied that he would have to get a permit for these, so he felt it did not apply to this application. The Chairman asked if Mr. Rosberg were not using this site for retail sales now, and Mr. McMillan replied that he was not, to his knowledge. He had asked -him specifically and Mr. Rosberg said he was not. Mr. McMillan stated that his main business now is copying equipment. At this point, Secretary Kindig read the application letter. One of the Commissioners remarked that he had the impression this operation was now being used for the sale of used equipment. Chairman Sine informed the attorney that this matter would be scheduled for a public hearing two weeks hence. 3. APPLICATION FOR SPECIAL PERMIT - WILLIAM J. THOMP SON, 2701 MARIPOSA AVENUE. MODIFICATION OF EXISTING ACCESSORY STRUCTURE.____ This application was announced for consideration, Cyrus McMillan again - 2 - representing the applicant. A plot plan was presented and Mr. McMillan went into the background of the application. He stated that this had been the subject of two prior applications, one for a two-story structure which was denied, and another for a similar structure, which was also denied. Nevertheless the structure had been built, and is the subject of litigation by the City for its removal. He stated he had inspected it, and was impressed with the quality of the workmanship. He had talked with the City Attorney and the Building Inspector regarding the building. He suggested that the proposed one -hour fire wall along the side line would make the building acceptable, noting that the rear line of the property is on an extensive slope. The City Attorney informed the Commission that the City's suit against Mr. Thompson is still pending - that an answer had been filed but the action is awaiting trial. The Council's instructions were to have this building removed, but if the Planning Commission approves of this application, it should so recommend and certify the application to the City Council for final action. A comment was made by several of the Commissioners that they did not understand how the Planning Commission could be involved when it is in litigation. The City Attorney replied that the application was properly filed and should be heard in the usual course, subject thereafter only to denial by the Commission, or alternatively, certification to the City Council. The Chairman scheduled this application for public hearing two weeks from date and requested Mr. McMillan to have Mr. Thompson present if possible. Mr. McMillan stated he would ask the applicant. 4. APPLICATION FOR SPECIAL PERMIT - MUSIC BOX INC., 868 COWAN ROAD, WAREHOUSE SALES This application was introduced by the Chairman, and City Planner Swan informed the Commission that it was for infrequent warehouse sales. Tqm Jones, general manager, was present as representative of the Music Box. He told the Commission that his organization wishes to better balance the inventory. He went on to say that sometimes records are overbought. They can be returned to the supplier, but the credit is minimal and the initial investment is not recovered. Therefore his organization wishes to hold warehouse sales once or twice a year. He stated he had held one, advertised in the Green Sheet, and afterward had received a letter from the City Planner stating this was not permitted. He talked wi Box, Inc. did not intend several other retail uni to get rid of surplus in was raised if it would b every sale. The City At the applicant give the C sale. When asked the mo when a large supply of u happens once or twice a as further explanation. his particular needs for public hearing at the ne :h the City Planner, informing him that Music to be retail in this district, since they have :s, one on Burlingame Avenue, but merely wished rentory. There was discussion, and the question necessary for him to get a separate permit for :orney felt that it would be sufficient to have )mmission one or two weeks notice prior to each ;t feasible time for a sale, Mr. Jones replied isaleable records had accumulated. This rear. Mr. Jones then read his application letter It was suggested that he bring in a plan fulfillin a year, and the matter was scheduled for a tt regular Commission meeting. 5. APPLICATION FOR VARIANCE - THOMAS E. MEAKIN, 2828 HILLSIDE DRIVE, ADDITION TO FIRST AND SECOND FLOOR OF RESIDENCE. The Chairman introduced this application to the Commission. Both Mr. and Mrs. Meakin were present, as well as their architect, Mr. John H. Devit - 3 - Two preliminary drawings were presented, as well as photographs, letter of application, and letters from two neighbors. Mr. Devitt explained that the Meakins wished to make an addition to both the first and second floor of their residence. This proposed addition would encroach and necessitate a reduced setback in the rear, for which a variance is needed. He went on to say that the structure was built in 1938 on the rear of the lot, and any additions would have to be made northerly. He added there was no overhang on the second floor since it is superimposed on the first floor. The plans were discussed by the commission, and the Chairman commented that there should be an adequate number of drawings, instead of one copy. He informed the applicants that their application would be heard at the next public hearing of the Commission on September 27, 1971. 6. ORDINANCE - RADIO AND TELEVISION ANTENNAS The City Attorney presented the Commission members with copies of a proposed ordinance limiting the height of radio and television antennas as well as containing other restrictions. He stated that .this ordinance was prepared by the City Planner after consultation with other cities and consultation with the City Building Inspector. He noted that this matter was for study and approval by the Planning Commission, -but would go through the regular channels of the City Council for actual adoption. There was discussion. The Chairman upon inquiry, was informed that all such antennas now existing would be exempt. After further discussion, it was announced by -the Chairman that there would be a public hearing on this proposed ordinance two weeks from date. OTHER BUSINESS: At this point, Commissioner Mink suggested that an amendment to the sign ordinance be prepared limiting pole signs in the water front commercial area. The Chairman, with the approval of the Commission, advised that the City Attorney should prepare such an amendment, and stated that a public hearing on it would be held at the next regular meeting of the Commission. The Chairman also suggested that a letter should be written to Douglas Pringle, Skyline Terrace Apartments, 3133 Frontera Way, requesting that he -take down the two illegal signs on his property. SIDEWALK IMPEDIMENTS: Chairman Sine brought up the subject of sidewalk obstructions, and noted that we do not have in our code restrictions of stores on Burlingame Avenue which have objects projecting into the sidewalk area. He mentioned two stores which have planters directly on the sidewalk, and the Building Inspector mentioned several others. The City Attorney stated that since this is a public street, nothing is needed in the code, and the Public Works Department should write a letter to the respective owners of the property informing them of their negligence. ADJOURNMENT: The meeting regularly adjourned at 9:35 P.M. Respectfully submitted, etc.