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HomeMy WebLinkAboutMin - PC - 1978.08.28CITY OF BURLINGAME PLANNING COMMISSION AUGUST 28, 1978 CALL TO ORDER A regular meeting of the Planning Commission, City of Burlingame was called to order by Chairman Jacobs on Monday, August 28, 1978 at 7:36 P.M. ROLL CALL Present: Commissioners Jacobs, Kindig, Mink, Sine, Taylor; quorum present. Absent: Commissioners Cistulli, Francard (excused). Staff Present: John R. Yost, Assistant City Planner; Jerome F. Coleman, City Attorney; A. M. Rebarchik, Assistant City Engineer (arrived later in the meeting). MINUTES The minutes of the August 14, 1978 meeting were approved as mailed. AGENDA The order of the agenda was unanimously approved. ITEMS FOR ACTION 1. VARIANCE TO ADD A THIRD BEDROOM TO A HOUSE AT 2329 RAY DRIVE Assistant City Planner Yost referred to his staff report, affidavit by the applicant and site plan submitted for this application to add a third bedroom and additional bath at the second floor level. Present garage is 12'-3" wide, less than code requirement of 20'; site plan shows a large lot with additional parking available on the present driveway; the addition would be over the center of the house, approxi- mately 20' away from each side property line. Staff recommended approval of this relatively modest addition which presents a low profile to the neighbors, if it was first determined that requirements of Code Chap. 25.54 are met. Discussion determined the existing garage is approximately 20' behind the front property line and there is room to park a second car in the driveway. Chairman Jacobs opened the public hearing; there were no audience comments and the public hearing was closed. The Chairman had some concern with the different tiers of roof lines. Commissioner Mink questioned if it would be difficult and expensive to remodel the existing garage. Assistant City Planner Yost described why it would be impractical to remodel this garage. Commissioners Kindig and Taylor found the proposed design unattractive but agreed the application met the requirements necessary for approval of a variance. Commissioner Taylor moved for approval of this variance; second Commissioner Sine and approved unanimously, 5-0, Commissioners Cistulli and Francard absent. Burlingame Planning Commission Minutes Page 2 August 28, 1978 2. VARIANCE TO ADD A THIRD AND FOURTH BEDROOMS TO A HOUSE AT 8 DAVIS COURT Assistant City Planner Yost referenced his detailed staff report for this application, noting the site plan which indicates both the present 16'-0" wide garage and driveway on which two cars can be parked. He pointed out two problems: (1) the plans do not show the family room which was added to this house approximately 15 years ago (without benefit of building permit); and (2) the living room of the adjacent neighbors and their small garden would be overshadowed by the second floor addition at.its proposed location toward the back of the house. However, he noted the proposed two story design fully meets code with the sole exception of the width of the existing garage. Mr. Boyle, the applicant, advised his first idea had been to build above the garage, towards the front of the house, but this plan was discarded as it was felt it would be too close to the neighbor's property. Chairman Jacobs opened the public hearing; there were no audience comments in favor. Those speaking in opposition were: Mrs. Edna Hoyt, 2232 Davis Drive and Mr. Kenneth Opie, 2228 Davis Drive; both felt concern over intrusion on their privacy, obstruction of view and possible depreciation in the value of their property. In addition, Mrs. Hoyt would lose some afternoon sun. The public hearing was then closed. During Commission discussion several points were noted: building over the garage may lower the height of the addition and its impact on the neighbors; the difficulty produced by the Hoyts' corner lot was noted; existing lot coverage including the family room is 33 percent. Commissioner Kindig expressed concern about the neighbors looking at a blank wall from their living room. Commissioner Sine recommended the applicant be asked to redesign.. Commissioner Mink commented on the difficulty of adding to homes in Ray Park and Commission's policy to require a plan that will not be detrimental to the.neighbors. He asked for redesign by an architect. Commissioner Taylor agreed. Commissioner Sine moved this item be tabled; motion passed by all aye voice vote. Assistant City Planner Yost advised any new proposal would be renoticed to adjacent property owners. 3. VARIANCE TO EXTEND THE EXISTING HOUSE AT 2500 HAYWARD DRIVE TO WITHIN 10'-6" OF THE REAP. PROPERTY LINE Assistant City Planner Yost reviewed this proposal to add a second covered parking space adjacent to a carport which was built in 1965. He referred to details in the staff report and the site plan circulated to Commission. In staff's opinion, this request appears reasonable under variance requirements of code. If the applicant were denied, however, he advised that Mr. Shadrick's conversion of the original garage to a family room should be discussed, as it was done without a Building Permit and has reduced the available on-site parking to less than required by code. He noted the original driveway to the former garage is still in use for off-street parking. Commissioner Kindig did not object to adding another parking space. Chairman Jacobs opened the public hearing; there were no comments in favor. Mrs. M. Carpenter, 2521 Hayward Drive, voiced her concern about wall to wall houses, roof lines and appearance from the street. She questioned whether a carport was better than a garage aesthetically. She was advised it would be a garage. The public hearing was then closed. Page 3 Burlingame Planning Commission Minutes August 28, 1978 Commissioner Kindig objected to one house and two driveways with separate curb cuts; Chairman Jacobs suggested the original concrete driveway on the Valdivia Way side be removed. Commissioner Mink found the first three requirements for variance approval had been met but that two separate driveways for one single family home would be contrary to the general zoning plan of the city, the fourth variance requirement. Removal of one driveway was suggested as a condition of approval. Commissioner Mink moved for approval of this variance per drawings submitted, statements contained in the applicant's affidavit and statements of staff; with the requirement that the original concrete driveway, curb -and sidewalk be returned to their normal condition, the driveway to be removed. Second Commissioner Kindig and approved unanimously, 5-0, Commissioners Cistulli and Francard absent. 4. SPECIAL PERMIT TO ALLOW TRUE LEARNING CENTER, INC. TO HOLD CLASSES IN WASHINGTON ELEMENTARY SCHOOL Commissioner Mink, because of professional conflict, withdrew from the discussion. Commissioner Sine determined from the City Attorney that four votes would be required for approval. The Commissioner suggested continuation until there is a full Commission since he intended to continue his policy of voting 'no' on any commercial use in a R-1 zone. With the approval of the applicant this item was continued to the September 11 meeting. 5. SPECIAL PERMIT TO OPERATE A MODELING AND CHARM SCHOOL AT 840 HINCKLEY ROAD Assistant City Planner Yost noted staff report and project assessment form with details of this application. The agency would operate weekdays with two employees; modeling classes would be held weekday evenings 7:00-9:00 P.M. and Saturdays; maximum enrollment for the school would be 12 women per class; Building and Fire Departments report no problems and staff recommends approval with three conditions, reference staff report for this item. Judy Hinckle, representative of the applicant, had nothing to add. Commissioner Taylor initiated discussion regarding operation of the agency. He was told by Ms. Hinckle that all licenses required had been obtained and state requirements would be met. Chairman Jacobs announced the public hearing; there were no comments and the public hearing was closed. Chairman Jacobs felt the hours complementary to other tenants in the building; traffic did not seem to be a problem. Commissioner Sine determined the applicant was agreeable to the conditions mentioned in the staff report. He then moved for approval of this special permit with three conditions: (1) the permit be approved to Mark Green of California Fashion Models, Inc., and be nontransferable; (2) the modeling school to operate within the times specified by Mr. Green in his August 7, 1978 letter to the Commission, with a maximum enrollment of 12 students; (3) the permit to be valid only for the location within the building at 840 Hinckley Road identified in the drawings filed with this application. Second by Commissioners Mink and Taylor and approved unanimously, 5-0, Commissioners Cistulli and Francard absent. 6. REQUEST BY AZTEC RENT -A -CAR AND LEASING, INC. (LOS ANGELES) TO REASSIGN 1976 SPECIAL PERMIT, PROPERTY AT 808 BURLWAY ROAD AND 855 MAHLER ROAD Assistant City Planner Yost reviewed the staff report and background of this item, noting special permit approved 8/22/77 to "Daryl Nick for Aztec Rent-A-Car/Ryder Truck Rentals." Aztec (Los Angeles) has recently repurchased the franchise for this business and proposes to continue the car rental agency as a "company -awned" store. Page 4 Burlingame Planning Commission Minutes August 28, 1978 Staff believes this requested reassignment is in the best interests of all concerned, and recommends approval with conditions 1-5 as stated in the staff report. An additional condition might be that vehicle parking be subject to annual review and report. Chairman Jacobs opened the public hearing; there were no comments and the hearing was closed. Bill Nagel of Aztec, Burlingame confirmed to Commissioner Mink that Aztec has no intention of engaging in truck rental of any type. During discussion with regard to amending the original permit or approving a new one City Attorney Coleman advised it would be best to transfer the original permit. Commissioner Mink moved for approval of this request to reassign 1976 special permit and that it be assigned to Aztec Rent-A-Car and Leasing, Inc. (Los Angeles) with the following six conditions: (1) that there be a single lease agreement with the landowners of 808 Burlway Road and 855 Mahler Road which includes no less than eight parking spaces at 808 Burlway and 25 at 855 Mahler for the exclusive use of Aztec Rent-A-Car; (2) that these spaces be properly striped and marked; (3) that no servicing or washing of vehicles take place at either location; (4) the lease to be subject to approval of the City Attorney; (5) the special permit not to take effect until these conditions are met; and (6) vehicle parking to be subject to annual review and report. Second Commissioner Kindig and unanimously approved, 5-0, Commissioners Cistulli and Francard absent. 7. TENTATIVE PARCEL MAP FOR PROPERTY AT 18/20 CLARENDON ROAD This item was continued to the meeting of September 11 to allow the tentative parcel map to be amended to show the location of the new homes now being constructed on each of the two lots. Assistant City Planner Yost noted that a variance application may need to be filed by the property owner to accompany parcel map application. CITY PLANNER REPORT 8. PAYLESS CAR RENTAL, 1555 BAYSHORE HIGHWAY .City Attorney Coleman reported that Payless has brought in an application for special permit and has paid the business license fee. They have been in business at this location for approximately three months. The item will be scheduled for study September 11. 9. HOTEL RENT-A-CAR/AMERICAN RENT-A-CAR/RYDER TRUCK RENTAL, 808 BURLWAY ROAD. SUITE 106 The City Attorney discussed this matter and stated that he plans infraction complaints against these firms next week if they are still operating at: the above address. OTHER Commissioner Kindig commented on the matter of corner lots and the differences between rear and side property lines. Assistant City Planner Yost discussed these regulations, noting the present code clearly establishes setback and yard requirements. Burlingame Planning Commission Minutes Page 5 August 28, 1978 Commissioner Kindig, Chairman of the Ad Hoc Committee to Recommend a Housing Element, noted the draft Housing Element which had been distributed to Commission this evening. It would be sent to the Committee the next day and a final meeting of this Committee is scheduled for Wednesday, September 6. Assistant City Engineer Rebarchik suggested a change in procedure with regard to parcel maps, i.e., allowing staff to process final maps that are consistent with all conditions of the tentative map approval. Staff was requested to draft a report on this proposed change. A n.1011RNMFNT The meeting adjourned at 8:55 P.M. Respectfully submitted, Everett K. Kindig Secretary CITY OF BURLINGAME PLANNING COMMISSION AUGUST 28, 1978 CALL TO ORDER A regular meeting of the Planning Commission, City of Burlingame was called to order by Chairman Jacobs on Monday, August 28, 1978 at 7:36 P.M. ROLL CALL Present: Commissioners Jacobs, Kindig, Mink, Sine, Taylor; quorum present. Absent: Commissioners Cistulli, Francard (excused). Staff Present: John R. Yost, Assistant City Planner; Jerome F. Coleman, City Attorney; A. M. Rebarchik, Assistant City Engineer (arrived later in the meeting). MINUTES The minutes of the August 14, 1978 meeting were approved as mailed. AGENDA The order of the agenda was unanimously approved. ITEMS FOR ACTION 1. VARIANCE TO ADD A THIRD BEDROOM TO A HOUSE AT 2329 RAY DRIVE Assistant City Planner Yost referred to the application to add a third bedroom and additional bath at the second floor level. The variance is required because the present garage is 12'-3" wide, less than code requirement of 20'. Staff recommended approval. Chairman Jacobs opened the public hearing; there were no audience comments and the public hearing was closed. After Commission discussion Commissioner Taylor moved for approval of this variance; second Commissioner Sine and approved unanimously, 5-0, Commissioners Cistulli and Francard absent. 2. VARIANCE TO ADD A THIRD AND FOURTH BEDROOMS TO A HOUSE AT' 8 DAVIS COURT Assistant City Planner Yost referenced the application to add two bedrooms, the variance required because the present 16' wide garage is below code requirements. Mr. Boyle, the applicant, advised his first idea had been to build above the garage, toward the front of the house, but this plan was discarded as it was felt it would be too close to the neighbor's property. Chairman Jacobs opened the public hearing; there were no audience comments in favor. Those speaking in opposition were: Mrs. Edna Hoyt, 2232 Davis Drive and Mr. Kenneth Opie, 2228 Davis Drive; both felt concern over intrusion on their privacy, obstruction of view and possible depreciation in the value of their property. In addition, Mrs. Hoyt would lose some afternoon sun. The public hearing was then closed. After Commission discussion Commissioner Sine moved this item be tabled; motion passed by all aye voice vote. Assistant City Planner Yost advised any new proposal would be renoticed to adjacent property owners. Burlingame Planning Commission Minutes Page 2 August 28, 1978 3. VARIANCE TO EXTEND THE EXISTING HOUSE AT 2500 HAYWARD DRIVE TO WITHIN 10'-6" OF THE REAR PROPERTY LINE Assistant City Planner Yost reviewed this application to add a second covered parking space adjacent to a carport which was built in 1965. The variance is required because the carport would be within the 15' setback. In staff's opinion, this request appears reasonable under variance requirements of code. Chairman Jacobs opened the public hearing; there were no comments in favor. Mrs. M. Carpenter, 2521 Hayward Drive, voiced her concern about wall to wall houses, roof lines and appearance from the street. The public hearing was then closed. After Commission discussion Commissioner Mink moved for approval of this variance per drawings submitted, statements contained in the applicant's affidavit and statements of staff; with the requirement that the original concrete driveway, curb and sidewalk be returned to their normal condition, the driveway to be removed. Second Commissioner Kindig and approved unanimously, 5-0, Commissioners Cistulli and Francard absent. 4. SPECIAL PERMIT TO ALLOW TRUE LEARNING CENTER, INC. TO HOLD CLASSES IN WASHINGTON ELEMENTARY SCHOOL Commissioner Mink, because of professional conflict, withdrew from the discussion. Commissioner Sine determined from the City Attorney that four votes would be required for approval. The Commissioner suggested continuation until there is a full Commission since he intended to continue his policy of voting 'no' on any commercial use in a R-1 zone. With the approval of the applicant this item was continued to the September 11 meeting. 5. SPECIAL PERMIT TO OPERATE A MODELING AND CHARM SCHOOL AT 840 HINCKLEY ROAD Assistant City Planner Yost stated that the permit was required because this is a school use in the M-1 zone. Staff recommended approval with three conditions, as set forth in the staff report. Judy Hinckle appeared for the applicant. Chairman Jacobs announced the public hearing; there were no comments and the public hearing was closed. Commissioner Sine moved for approval of this special permit with three conditions: (1) the permit be approved to Mark Green of California Fashion Models, Inc., and be nontransferable; (2) the modeling school to operate within the times specified by Mr. Green in his August 7, 1978 letter to the Commission, with a maximum enrollment of 12 students; (3) the permit to be valid only for the location within the building at 840 Hinckley Road identified in the drawings filed with this application. Second by Commissioners Mink and Taylor and approved unanimously, 5-0, Commissioners Cistulli and Francard absent. 6. REQUEST BY AZTEC RENT -A -CAR AND LEASING, INC. (LOS ANGELES) TO REASSIGN 1976 SPECIAL PERMIT, PROPERTY AT 808 BURLWAY ROAD AND 855 MAHLER ROAD Assistant City Planner Yost reviewed the staff report. Staff recommended approval with conditions 1-5 as stated in the staff report. An additional condition might be that vehicle parking be subject to annual review and report. Chairman Jacobs opened the public hearing; there were no.comnents and.the hearing was closed. Bill Nagel of Aztec, Burlingame appeared for the applicant. He confirmed that Aztec has no intention of engaging in truck rental of any type. Commissioner Mink moved for approval of this request to reassign 1976 special permit and that it be assigned to Aztec Rent-A-Car and Leasing, Inc. (Los Angeles) with the following six conditions: Page 3 Burlingame Planning Commission Minutes August 28, 1978 (1) that there be a single lease agreement with the landowners of 808 Burlway Road and 855 Mahler Road which includes no less than eight parking spaces at 808 Burlway and 25 at 855 Mahler for the exclusive use of Aztec Rent-A-Car; (2) that these spaces be properly striped and marked; (3) that no servicing or washing of vehicles take place at either location; (4) the lease to be subject to approval of the City Attorney; (5) the special permit not to take effect until these conditions are met; and (6) vehicle parking to be subject to annual review and report. Second Commissioner Kindig and unanimously approved, 5-0, Commissioners Cistulli and Francard absent. 7. TENTATIVE PARCEL MAP FOR PROPERTY AT 18/20 CLARENDON ROAD This item was continued to the meeting of September 11 to allow the tentative parcel map to be amended to show the location -of the new homes now being constructed on each of the two lots. Assistant City Planner Yost noted that a variance application may need to be filed by the property owner to accompany parcel map application. CITY PLANNER REPORT 8. PAYLESS CAR RENTAL, 1555 BAYSHORE HIGHWAY City Attorney Coleman reported that Payless has brought in an application for special permit and has paid the business license fee. They have been in business at this location for approximately three months. The item will be scheduled.for study September 11. 9. HOTEL RENT-A-CAR/AMERICAN RENT-A-CAR/RYDER TRUCK RENTAL, 808 BURLWAY RD., SUITE 106 The City Attorney discussed this matter and stated he plans infraction complaints against these firms next week if they are still operating at the above address. OTHER Commissioner Kindig commented on the matter of corner lots and the differences between rear and side property lines. Assistant City Planner Yost discussed these regulations, noting the present code clearly establishes setback and yard requirements. Commissioner Kindig, Chairman of the Ad Hoc Committee to Recommend a Housing Element, noted the draft Housing Element which had been distributed to Commission this evening. It would be sent to the Committee the next day and a final meeting of this Committee is scheduled for Wednesday, September 6. Assistant City Engineer Rebarchik suggested a change in procedure with regard to parcel maps, i.e., allowing staff to process final maps that are consistent with all conditions of the tentative map approval. Staff was requested to draft a report on this proposed.change. ADJOURNMENT The meeting adjourned at 8:55 P.M. Respectfully submitted, Everett K. Kindig Secretary