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HomeMy WebLinkAboutMin - PC - 1985.09.23CITY OF BURLINGAME PLANNING COMMISSION SEPTEMBER 23, 1985 CALL TO ORDER A regular meeting of the Planning Commission, City of Burlingame was called to order by Chairman Garcia on Monday, September 23, 1985 at 7:30 P.M. RC)T.T. rAT.T. Present: Commissioners Garcia, Giomi, Graham, Jacobs, Schwalm, Taylor Absent: Commissioner Leahy Staff Present: Margaret Monroe, City Planner; Jerome Coleman, City Attorney; Frank Erbacher, City Engineer MINUTES - The minutes of the September 10, 1985 meeting were approved with the following correction: page 2, Item 2, insert after paragraph 3, "Chm. Garcia opened the public hearing. There were no audience comments and the hearing was closed." AGENDA - Order of the agenda approved. ITEMS FOR ACTION 1. SPECIAL PERMIT FOR AN INSURANCE REPLACEMENT AUTO RENTAL AGENCY AT 851 BURLWAY ROAD, ZONED M-1 (CONTINUED FROM 9/10/85) Reference staff memos/reports 9/23/85, 9/10/85 and 8/26/85 with attachments. CP Monroe reviewed details of the request, parking requirements, letter from building management of 851 Burlway designating four parking spaces to this use. Six conditions were suggested for consideration at the public hearing. CP noted applicant's suggestion that condition #2 be changed to require all cars on the lot exceeding the allotted four be moved to the San Bruno or Daly City locations within eight hours. Commission discussion: the fact that if the applicant's suggested condition were allowed it would apply to any new user in the same location; parking for the full time employees and for visitors. Brian Cochran, Amerex Rent A Car (applicant) advised the employees drive company cars which are not parked on site all day; office is open all day with an office manager on site; two other employees, a sales representative and a delivery person, are there only 15 minutes at the beginning of the day; the delivery person is out all day delivering cars to body shops. He estimated they have five visitors per day, five minutes per visit. Chm. Garcia declared the public hearing open. There were no audience comments and the hearing was closed. Page 2 Burlingame Planning Commission Minutes September 23, 1985 Further Commission discussion: location of car rental agencies in the city; enforcement of conditions of the permit; on-site parking for this building does not meet present code requirements; concern about sufficient parking for this business and its visitors now and in the future-, or for any future car rental use at this location; because parking requirement was less than current and spaces from that limited number are designated to this use, do not believe this use can operate in the space available to them except at the expense of the other tenants in the building. C. Giomi commented that Commission has looked at several applications in office buildings with an intense use such as this; a landlord may assign spaces but it would affect other tenants and compound the parking problem on site and in the surrounding area. C. Giomi moved to deny this special permit. Second C. Graham; motion approved 6-0 on roll call vote, C. Leahy absent. Appeal procedures were advised. 2. SPECIAL PERMIT TO ALLOW A 50 SF SATELLITE ANTENNA DISH TO REMAIN ON A RESIDENTIAL LOT AT 808 EDGEHILL DRIVE, ZONED C-2 Reference 9/10/85 Planning Commission minutes and 9/10/85 staff report with attachments. CP Monroe reviewed details of the request and referenced staff review and study meeting questions discussed in the staff report. Two conditions were suggested for consideration at the public hearing. It was determined this portion of Edgehill Drive where lots have frontage on California Drive and on Edgehill is zoned C-2. Bruce Kreiger, vice president, Servamatic Systems, Inc. and Earl Nichols, their national installation supervisor, were present. Mr. Kreiger distributed a letter in response to questions from staff as well as data on this company; they have only recently entered into the satellite antenna business. Photographs were also distributed showing the location of the dish with respect to the house and California Drive. He stated alternative at -grade locations were not feasible because of the lack of backyard or sideyard space; the dish is 131-6" from grade, it is clearly on the back side of the property and not visible from the front (Edgehill), there are no homes facing the rear yard; the roof of the house is 22' and shields one side of the dish from California Drive; it is 8' in diameter which is fairly standard in the industry. Responding to Commissioner question, Mr. Nichols advised satellite dishes require square footage of reflecting surface to get a usable signal, 8' is approximately what is necessary in this section of the country; a 4' dish could pick up one satellite's signals, this 8' dish gets transmissions from 12 satellites. Commissioner comment: would be more intrusive than TV antennas. Mr. Kreiger stated manufacturers are attempting to make these dishes more acceptable, one method being the use of mesh; this installation is located too high to screen with landscaping. Applicants further advised there can be no obstructions (roofs, trees, etc.) between the satellite and the dish. There was some further discussion between Commission, Geri Cottle of Servamatic and Mr. Kreiger regarding data distributed this evening on Page 3 Burlingame Planning Commission Minutes September 23, 1985 satellite dish installation, reasonable zoning law and model zoning ordinances. Ms. Cottle stated they found the City of Burlingame's allowable dish size to be very restrictive; with such a restrictive ordinance aren't the constitutional rights of the property owner being violated? It was noted this installation went in without compliance with local law's requirement for a special permit; Mr. Kreiger stated they had used a subcontractor who neglected to apply for a permit. Commissioner comment: the city has recently spent considerable money to underground utilities along California Drive, this antenna is a visual obstruction in the same area where cable is available. Applicant noted that a satellite dish offers many more signals and stations than cable TV; he felt homeowners will want to take advantage of this capability and will then face the problem of complying with the city's ordinance. A Commissioner pointed out the applicant's problem is not the size of the dish but its location which is visible to anyone driving down California Drive. Chm. Garcia opened the public hearing. There were no audience comments. Mr. Kreiger felt one issue which might be addressed is whether or not complaints have been received; the homeowner has received none. Mr. Nichols advised that if the dish were relocated to the northeast corner near the fence below the fence line, the fence would block reception; if it cleared the fence the house would be in the way; if it were mounted on a pole in the middle of the backyard with trees spaced around it the trees would block it; the dish must be turned toward California Drive to pick up the eastern satellites. Further Commission comment: concern that approval of this one dish would set a precedent for future applications; it would seem the code is too restrictive to put a satellite dish on this site; there are many zoning restrictions which limit property owners, they are established for the common good and limit everyone; this property owner has a unique problem because of the size of his lot. There being no further comment, Chm. Garcia closed the public hearing. C. Jacobs moved to deny this special permit. Second C. Giomi. Comment on the motion: there were no complaints from immediate neighbors, this is a code enforcement problem, city staff did receive complaints about the installation of this antenna; would not want to deny anyone his constitutional rights but think in this case the overall good outweighs the constitutional rights of the property owner. Motion approved on a 6-0 roll call vote, C. Leahy absent. Appeal procedures were advised. 3. VARIANCE TO PLACE A CARPORT 9' INTO THE REQUIRED FRONT SETBACK AT 707 WALNUT AVENUE, ZONED R-1 Reference staff report, 9/23/85, with attachments. CP Monroe reviewed details of the request, staff review, Planning staff comment, applicant's statement. Two conditions were suggested for consideration at the public hearing. Page 4 Burlingame Planning Commission Minutes September 23, 1985 Discussion: Planning staff's suggestion that the carport be reduced to 13' x 20' which would allow room to park one car but would decrease the encroachment into the front setback by 61, resulting in a variance request for 3' only; proposed use for the new structure adjacent to the carport; possibility of enlarging existing garage. Tony Garisto, applicant, advised he has a three bedroom home, the new construction will be a living room/dining room area, he could extend this roof line which would improve the appearance of the carport. He had no objection to staff's suggestion to reduce the carport to 13' x 20' and felt widening the existing garage to meet the code requirement for two cars would be very expensive and that backup area would be limited. Chm. Garcia opened the public hearing. Beatrice Marino, 750 Walnut Avenue advised this lot was created about 1955. There were no further audience comments and the public hearing was closed. C. Giomi found there were exceptional circumstances in this unusual flag lot; that the variance is necessary for the preservation and enjoyment of a property right of the owner, this is one of the few ways he could improve his property; that it would not be detrimental to other property owners, no complaints have been received from the neighbors, extending the roof line would be a benefit to the house and adjacent properties; and that it would not adversely affect the zoning plan of the city, the lot will remain R-1 and the variance will upgrade parking in the R-1 zone. C. Giomi moved to grant this variance with the following conditions: (1) that the carport be designed to be 13' x 20' allowing 10' clear of the fireplace in which to park a car; and (2) that the maximum height of the completed carport structure not exceed 12' from grade and be designed to meet all the requirements of the Uniform Building Code and Uniform Fire Code. Second C. Taylor; motion approved on a 5-1 roll call vote, C. Jacobs dissenting, C. Leahy absent. Appeal procedures were advised. Recess 8:55 P.M.; reconvene 9:05 P.M. ITEMS FOR STUDY 4. TWO SPECIAL PERMITS - RECREATION ROOM ADDITION - 113 CHANNING ROAD Requests: is the deck there now or will it be new construction; could addition be added to the house; is applicant aware of swimming pool regulations; drainage from the addition. Item set for hearing October 15, 1985. 5. SPECIAL PERMIT - COURIER OPERATION - 837-845 COWAN ROAD Requests: is there other off -premise parking in the M-1 zone; clarify number of vans in the fleet, expected expansion; is lunch room plug-in or cafeteria. Item set for hearing October 15, 1985. Page 5 Burlingame Planning Commission Minutes September 23, 1985 6. SPECIAL PERMIT - AUTOMOBILE LEASING OFFICE - 1608 GILBRETH ROAD Requests: provide previous parking/traffic studies; include updated car rental agency map; hours of operation/shifts; new construction detail (one hour walls). Item set for hearing October 15, 1985. 7. SPECIAL PERMIT TO REPLACE AN EXISTING GAS STATION - 1101 BROADWAY Requests: is leased land included; will bathrooms be open to the public; handicapped provisions; will diesel fuel still be provided; timing of improvements to Broadway intersection; are Encore Theater parking spaces included in this proposal; where will gas station employees park; what is the nature of the 25' triangular area adjacent to the 12 parking spaces on the east side of the lot, is it an access easement; will "Auto Row" sign be affected by street widening. Item set for hearing October 15, 1985. PLANNER REPORT CP Monroe reviewed Council actions at its September 16, 1985 meeting. ADJOURNMENT Chm. Garcia adjourned the meeting at 9:30 P.M. in memory of the victims of the Mexico City earthquake. Respectfully submitted, Nannette M. Giomi Vice Chairman