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HomeMy WebLinkAboutMin - PC - 1989.06.26CITY OF BURLINGAME PLANNING COMMISSION JUNE 26, 1989 CALL TO ORDER A regular meeting of the Planning Commission, City of Burlingame was called to order by Chairman H. Graham on Monday, June 26, 1989 at 7:31 P.M. ROLL CALL Present: Commissioners Ellis, Giomi, H.Graham, S.Graham, Harrison, Jacobs, Kelly Absent: None Staff Present: Margaret Monroe, City Planner; Jerry Coleman, City Attorney; Frank Erbacher, City Engineer; Bill Reilly, Fire Marshal MINUTES - The minutes of the June 12, 1989 meeting were unanimously approved. AGENDA - Item #6 (Parking Variance, 1105 Burlingame Avenue) and Item #8 (Special Permit, 1755 Bayshore Highway) were continued to the meeting of July 10, 1989. Order of the agenda was then approved. ITEM FOR STUDY 1. FENCE EXCEPTION, 481 BLOOMFIELD ROAD, ZONED R-1 Requests: have the findings necessary for approval of a fence exception been explained to the applicant; are the lots level and level to each other; how long has the present fence been in place; could the fence be screened by providing some type of adjacent planting; applicant's letter says there are no exceptional circumstances, could staff explain the necessary findings to applicant again. Item set for public hearing July 10, 1989. ITEMS FOR ACTION 2. VARIANCES FOR PARKING AND LOT COVERAGE FOR AN ADDITION AT 1356 VANCOUVER AVENUE, ZONED R-1 Reference staff report, 6/26/89, with attachments. CP Monroe reviewed details of the request, Planning staff comment, applicants letter. Two conditions were suggested for consideration at the public hearing. Comment/discussion: declining Burlingame Planning Commission Minutes Page 2 June 26, 1989 height envelope was considered; could garage be made tandem; variance in lot coverage figures of staff and architect. Chm. H.Graham opened the public hearing. Allen Dadafarin, engineer and architect for the project, was present. His statements: the reason for his 40% lot coverage figure was because he did not include the basement; they decided to make the existing master bedroom into a family room so there would be only four bedrooms with the addition; the footprint would be 44.9% lot coverage. Responding to a question of why the house needs to be so large, architect said applicant and his wife live there, his daughter recently married and will be moving in, they need more space; applicants had told architect they wished to use the room downstairs at the end of the garage for storage; he had discussed with them the possibility of taking down a wall and extending the garage to provide tandem parking, applicants did not wish to do this. There were no audience comments in favor. Speaking in opposition, Steve Gardner, 1352 Vancouver Avenue: he lives next door, his driveway will abut the new addition, if it is built he will be looking at a 28' wall 35' long which will completely block one side of his house; his concerns were architecture, aesthetics; privacy of his residence, new windows will look into his yard and deck; if he sold in the future, inability to get top dollar for his property because of this addition; legal problem, there is no survey on this property, plans show a setback which may not be there, there is a property boundary dispute, another variance might be needed for side setback. Architect spoke in rebuttal: neighbor just completed a two car garage; if he will have a wall blocking his view, applicants will have the same problem looking at the top of his garage from their bedroom window; data obtained from city files by the applicant indicated side setback from the garage is actually 31, not 2'-4" as shown on the plans. Responding to questions, architect said the addition will be about 23.5' tall, neighbor's new garage is about 13' tall; he thought view of garage could be screened with plants; applicant's lot is higher so impact will be more. A Commissioner stated his concern about the variance in lot coverage figures and discrepancy in other measurements on the plans as well as the dispute about location of fences on both properties, he did not want to act on this project without a survey. There were no further audience comments and the public hearing was closed. Commissioner comment: despite the errors and property line problem cannot support the application, think 40% lot coverage is too much, 44.9% is too much; it is a very large addition and would impact the neighbor. Burlingame Planning Commission Minutes Page 3 June 26, 1989 C. Giomi moved for denial of the variances for lot coverage and parking; motion was seconded by C. Jacobs. Comment on the motion: concerned about lot coverage, also think applicant should take another look at providing at least tandem parking; would like to have a survey; there are alternatives to this proposal. Staff noted, if denied, a resubmittal would have to be a substantial change; a survey would be required on any subsequent project. Motion to deny was approved on a 7-0 roll call vote. Appeal procedures were advised. 3. VARIANCES TO HEIGHT, PARKING AND SIDE YARD SETBACK AND A SPECIAL PERMIT AMENDMENT TO CONVERT AN EXISTING BASEMENT INTO HABITABLE AREA, ADD A ONE CAR GARAGE AND ADD PARTITION WALLS TO AN EXISTING ACCESSORY STRUCTURE AT 824 FAIRFIELD ROAD, ZONED R-1 Refergnce staff report, 6/26/89, with attachments. CP Monroe reviewed details of the request, special permit granted in 1986, present property owner's remodel of the pool house, construction of a paved area within the drainage easement at the rear of the property which has been red tagged, staff review, applicant's letter, letter in opposition from Virginia Hvid, 845 Paloma Avenue (received 6/26/89), study meeting questions. No letter has been received from the property owner responding to some questions asked at study. Five conditions were suggested for consideration at the public hearing. Discussion: partition wall in the pool house; special permit conditions agreed to by the previous owner. Chm. H.Graham opened the public hearing. Rick of Lan Del Construction, contractor, circulated photographs of the site. and addressed Commission: the pool house was in a shambles, it was unsound and never could have been used as a garage, applicant spent $30,000 on remodeling it, they put in new foundation, one hour fire walls, disconnected bathroom facilities, added custom cabinets, added a partition to separate the weight room and recreation room, bathroom will not be connected until permit is issued for remodeling of the main house. In the basement area of the main house they will be willing to reduce the wall between the rec room and family room by 50% thus eliminating a bedroom, there will be one bedroom downstairs and three upstairs; height will not change, from the back it looks like a three story building now; lowering the floor area in the basement won't change the look, new footings will make the house more stable. The garage will keep the same Spanish architecture, they will meet all fire codes and add an exit from the second floor; will be Burlingame Planning Commission Minutes Page 4 June 26, 1989 turning a three bedroom house into a four bedroom house with some more recreation room; area they are reconstructing is unsafe now; basketball court which was started in the easement can be eliminated, applicant understands this cannot be done; he was aware it was not right to put the partition wall in but at the time they were thinking of safety. Commissioner comment: it appears applicant will ultimately have a rec room, family room, sunroom, a study, weight room and another recreation room plus the full house, that is a lot of recreation space. Lorenzo Naranjo, applicant, advised one reason for the recreation room downstairs is so the children can play; there are eight people living in the house now, three of his children plus two children he is taking care of, one of his cousins and his wife and himself. They have three cars now. Commission/contractor/applicant discussion: contractor advised he is a builder and does get involved in design, different people did the drawings; a Commissioner pointed out most cities require parking and asked why so much money was being spent for the house and very little for parking, this property has never supported itself with regard to parking, garage was converted to a pool house a long time ago; in a few years the children will be older, all with cars. Applicant commented the house is unsafe at the present time, it is a fire trap, he is just trying to get the house up to code and make it livable for his family and relatives; he was aware of the use permit when he purchased the property, the accessory structure was a disaster, he knew he would need a lot of work and he wanted to do this work, it's a beautiful home and has a lot of opportunities for his family needs, if this project can't be done it won't be livable. There were no audience comments in favor. The following spoke in opposition. Philip Rossi, 820 Fairfield Road: he lives on the south side of this property, the proposal will make a large house much larger, with more people, noise and vehicles, will exceed the tolerance of the neighborhood. R. J. Edwards, 1429 Palm Drive: he was aware of Commission's problems, spent eight years on the Planning Commission, this property has about six variances on it now, previous owners dug a hole in the ground in the back, they put in bath house and toilet, kitchen facilities and barrel under the house for sewage, had overflow under the garage, brought to the neighborhood a bad odor for a long time; house has been sold two or three times in the last eight years; at one time there were eight cars located on the site, neighbors have complained continuously; in reading what the present owner is requesting, there is not one request he would support, think applicant should find a house that is suitable for his existing family needs. Evelyn Harper, 832 Fairfield Road: she lives immediately to the north, there are more people than room in the house, this is a single family house in an R-1 neighborhood, she wants to keep it that way, ambience of the neighborhood is being spoiled by the Burlingame Planning Commission Minutes Page 5 June 26, 1989 overpopulation on that site with noise, number of people and cars; the owners are very nice people and may not be aware of the custom of the neighborhood; extending the basement will increase living area and will bring more people with more cars and more noise; dollars spent should have been for repairing the house, not adding to it. Chris Daskalakis, 836 Fairfield Road: if sold in the future what would prevent someone from renting the house and bringing in more cars and more people. Ellyn Freed Wickman, 815 Fairfield Road expressed her concerns: what does habitable mean, does it mean there would be kitchen facilities in the basement so the property could be divided into more than one unit; size of this structure compared to the houses on either side of the property, those houses are single story. Applicant commented: each Commissioner probably has a family and a house adequate for his needs, he is just trying to make this house livable for the family members living there, it is not livable or safe now; when the children reach 16-17 years of age he will buy them a car and will deal with the parking problem when it arrives. Commission comment: Planning Commission is not unsympathetic to the needs of people in Burlingame, there are properties which are problems and Commission must make findings to support approval of these variances and special permit amendment; think it's commendable to take care of one's family but am concerned by applicant trying to put the monkey on the Commission's back, that is if Commission doesn't approve this proposal applicant will have to move from this unlivable, unsafe house, Commission tries to help people. Have a problem with applicant's comment regarding parking and dealing with parking for children's cars in the future, now is later for many homes, parking is something which has to be dealt with now. There were no further audience comments and the public hearing was closed. Commission discussion: variance findings must be made relating to the property itself, size of family and expense of doing these things is not an acceptable reason for a variance; have had problems with this property for a long time, the lot is almost 9,000 SF, a lot that large should be able to provide parking to code, they shouldn't have spent $30,000 on the accessory structure before remodeling the house, accessory structure could have been made into a code standard garage, the city is being asked to give but can see no give on applicant's part. C. S.Graham could not make findings to support the variances, particularly a finding of exceptional circumstances and that the use of the property will be compatible with the aesthetics, mass, bulk and character of the existing properties in the general vicinity. C. S.Graham moved for denial of the three variances and special permit amendment; motion was seconded by C. Giomi. Burlingame Planning Commission Minutes Page 6 June 26, 1989 Comment on the motion: will support the motion, variance finding (d) regarding compatibility with the aesthetics, mass, bulk and character of the neighborhood is not met, variance finding (a) that there are exceptional circumstances applicable to the property involved is not met. Motion to deny was approved on a 7-0 roll call vote. Appeal procedures were advised. 4. CONDOMINIUM PERMIT, EXCEPTION TO CONDOMINIUM STANDARDS FOR COMMON OPEN SPACE AND FRONT SETBACK VARIANCE FOR CONSTRUCTION OF A THREE UNIT CONDOMINIUM AT 1443 FLORIBUNDA AVENUE, ZONED R-3 Reference staff report, 6/26/89, with attachments. CP Monroe reviewed details of the request, June 15, 1989 plans which show an area for guest parking in the garage, staff comments, Planning staff comment on front setback and redesign of landscaping at the rear of the building, letter in opposition (June 26, 1989) from the property owners of the apartment building at 1446 Floribunda, study meeting questions, applicant's letter. Seven conditions were suggested for consideration at the public hearing. Discussion: CP's note regarding parking in the required backup area; will garage doors be roll -up; guest parking policy. Chm. H.Graham opened the public hearing. Dale Meyer, architect, addressed Commission: guest parking has been addressed in the alternate plans (June 15, 1989), they have provided one space; regarding landscaping and the gate in the fence at the entryway to Unit C, Commission has a landscape plan which addresses this, there is clear access all the way around, there will be a fence where the gate is that allows exiting from the back area; regarding common open space and private open space, because of the townhouse concept they would like to provide common open space as private open space to each individual unit so it can be used as a yard is used by a single family house; parking is below grade so that the on-site open space could be used individually; with a larger project, even 10 units, common open space makes sense; regarding front setback, the packet has a breakdown of eight properties along the street, it is full of apartment buildings with approximately 15' setbacks, one house is set back 531, because of that one house the average setback is 181-611; with the zoning on this street this one house undoubtedly will be sold and developed as a multiple family unit, the site developed with a number of units and the front setback changed to 151. Comment: it appears the house with 53' setback has more than one unit. There were no further audience comments and the public hearing was closed. Burlingame Planning Commission Minutes Page 7 June 26, 1989 Commission discussion: letter in opposition from the property owners of 1446 Floribunda; this is a creative project; open space proposal is a good idea, common open space is not needed with three units; don't see why an 18'-6" front setback needs to be required, if the 53' setback were dropped out the average would be 141. C. Jacobs moved for approval of the condominium permit and the front setback variance by resolution with the following conditions: (1) that the conditions of the Fire Marshal's June 5, 1989 memo and City Engineer's June 6, 1989 memo shall be met and that all requirements of the Uniform Building Code and Uniform Fire Code shall be met to the satisfaction of the city; (2) that the structure shall be built in conformance with the plans submitted to the Planning Department and date stamped June 15, 1989 as amended by the conditions of this permit; (3) that an uninterrupted continuous pathway a minimum of 4.5' in width clearly separated from the at grade common open space of the adjacent units shall be provided in such a way so that the walkway will always remain clear of obstacles; (4) that upon completion no unit shall have less private open space at grade and above grade in decks than 307 SF; (5) that final inspection shall be complete and a certificate of occupancy shall be issued before the close of escrow on the sale of each unit; and (6) that the developer shall provide to each initial purchaser of a unit and to the board of directors of the condominium association an owner -purchaser manual which shall contain the name and address of all contractors who performed work on the project, copies of all warranties or guarantees of appliances or fixtures and the estimated life expectancy of all depreciable component parts of the project, including but not limited to roof, painting and common area carpets, drapes and furniture. Motion was seconded by C. Ellis with the comment that even if the 53' front setback were 18' it would still drop the average to 141. Motion was approved on a 7-0 roll call vote. Appeal procedures were advised. 5. TENTATIVE CONDOMINIUM MAP FOR A THREE UNIT RESIDENTIAL CONDOMINIUM, LOT 9, BLOCK 9, MAP NO. 2 OF BURLINGAME LAND COMPANY, 1443 FLORIBUNDA AVENUE Reference CE memo, 6/26/89, Item #5. C. Harrison moved to recommend this tentative condominium map to City Council for approval. Second C. Ellis; motion approved unanimously on voice vote. Staff will forward to Council. 6. PARKING VARIANCE - 1105 BURLINGAME AVENUE Item continued to the meeting of July 10, 1989 at the request of the property owner. Burlingame Planning Commission Minutes Page 8 June 26, 1989 Recess 9:02 P.M.; reconvene 9:10 P.M. 7. VARIANCE TO PARKING STANDARDS FOR A NEW BUILDING AT 701 CALIFORNIA DRIVE, ZONED C-2 Reference staff report, 6/26/89, with attachments. CP Monroe reviewed details of the request, staff review, Planning staff comment, applicantfs letter, study meeting questions and applicants response. Three conditions were suggested for consideration at the public hearing. Discussion: car sales in this zone; CE explained his concern about vehicle visibility backing out onto San Mateo Avenue and the rear exit door, he is requesting a 3' minimum setback at the rear to give more visibility; mezzanine area is included in the square footage for bulk sales. Condition #3 allowing sale of bulk merchandise as determined by the terms of the zoning code as reviewed by the City Planner was discussed; concern was expressed about car sales at this busy corner. Chm. H. Graham opened the public hearing. Bill Britton, applicant and property owner, noted most bulk sales in this area are automobiles, he did not feel that auto sales on this site would be dangerous; he would like to stay away from restrictions in the deed, deed restrictions affect lenders much more than a resolution of record or something of that nature; he has tried to purchase the gas station structure on the site next door several times without success. There were no audience comments and the public hearing was closed. Commission discussion/comment: this item was duly noticed; previous proposal needed a parking variance in addition to a variance to parking standards and had quite a bit of opposition, staff has received no negative comments on this proposal; applicant has returned with a proposal which does not require a parking variance, this is a difficult place to put anything, am concerned about auto sales, can understand applicant's concern about deed restrictions; several businesses back out onto San Mateo Avenue, it is not the best way but can be done. C. Harrison moved for approval of the variance to parking standards based on Commission comments during discussion by resolution with the following conditions: (1) that the conditions of the City Engineer's June 6, 1989 memo shall be met; (2) that the project shall be built in conformance with the plans submitted to the Planning Department and date stamped June 14, 1989; and (3) that the building shall be used only for businesses selling bulk merchandise as determined by the terms of the zoning code as reviewed by the City Planner. Motion was seconded by C. Kelly. Burlingame Planning Commission Minutes Page 9 June 26, 1989 Comment on the motion: this action will not restrict car sales, doubt anyone would try to put an auto sales business on this site; auto sales would need to be approved by the DMV and they would have to show they have a showroom and parking. Motion was approved on a 4-3 roll call vote, Cers Ellis, Giomi and Jacobs voting no. Appeal procedures were advised. 8. SPECIAL PERMIT - CAR RENTAL OPERATION - 1755 BAYSHORE HIGHWAY Item continued to the meeting of July 10, 1989. 9. AMENDMENT TO A SPECIAL PERMIT FOR AIRPORT PARKING AT 615, 701 AND 731 AIRPORT BOULEVARD, ZONED C-4 Reference staff report, 6/26/89, with attachments. CP Monroe reviewed details of the request, CA's review of legal arguments and suggested actions for the Commission (CA recommended his 4th alternative), Planning staff comment, study meeting questions (notification of public hearing, history of permits on this site). CP reported a telephone call this morning advising the landscaping has been completed and discussed the lots involved with the use of a map on the overhead projector. One condition was suggested as a replacement for Condition #2 of the September 7, 1988 use permit. Discussion: use permit required one access point if used for airport parking; leasehold from the state; public access. CP noted the lots shaded on the map are excluded from the September, 1988 permit and the parking lot operator must get rights of easement across nonparticipating lots in order to use them as access to participating lots; applicant has said he cannot get easements across these lots; the city is saying in the fourth alternative suggested by the CA that all the lots can be used for parking with only one access point, let the operator and various property owners work out the access question. Chm. H. Graham opened the public hearing. George Corey, attorney representing Metropolitan Parking Corporation, applicant, addressed Commission: he stated Metro Parking is merely the operator, the operator gets leases from various owners to use the lots for parking; he understood the landscaping is now complete; Metro Parking is applying only for those lots over which it has lease rights. Regarding the CA's recommendation, his client would prefer that the language be changed from easements to licenses, they will be satisfied with the CA's recommendation. Michael McCracken, attorney representing Richard Szeto and Gordon Wong who own or lease 50% or more of some of the nonparticipating lots and have not signed a lease or license agreement with Metro Parking, addressed Commission: he stated the problem is disparate Burlingame Planning Commission Minutes Page 10 June 26, 1989 ownerships; there is a dispute now about who is going to operate the parking lot presently and when the present lease expires in 1991, the city should not be involved, reason for the problem is there is only one entrance onto Airport Boulevard, if all lots are allowed to operate out of one gate the situation will be the same as it presently is forcing owners of the participating lots to illegally cross state leased land without full permission of all of the owners; by this amendment Commission is being asked to grant a use permit for parking use for lots where all of the owners haven't consented, a use permit cannot be granted where all the owners do not agree. If all the lots are allowed to operate out of one gate Commission is forever foreclosing the shaded lots to the right from use of the gate because the owners of the unshaded lots will not allow them to cross over, there will be a stalemate; a license won't be satisfactory, it is not an interest in land. Mr. McCracken suggested the status quo be maintained with one access point and that cross easements be obtained; how does the fourth alternative suggested by the CA enable the owners of the shaded properties to use their property. CA and Attorney McCracken discussed what might result if Condition #2 were amended to include all the properties; Mr. McCracken contended this would be rewarding the present operator, how are those not under the Metropolitan lease going to use their properties without access onto Airport Boulevard; he stated the solution would be to maintain the permit granted in September, 1988. Commission/attorneys discussion: Mr. McCracken's clients were present at the hearing in 1988, they recognized the reality and they did not grant easements, they have not had the use of that property for years; there is a dispute over two operators. Attorney McCracken commented Commission didn't create the problem but it cannot take what he would consider an illegal action to rectify it, that action would be granting a use permit across properties without the consent of the owners. In response CA noted Attorney Corey's argument that permission can be granted to use a property by part of the property owners, the city is suggesting removal of the condition which reflects what is out there now, CA could not understand what anyone would lose by granting the use permit for all of the properties and confirmed it is down to an issue of license versus easement, let the courts decide. Mr. McCracken stated this action would overturn the status quo everyone has relied on up until now. CP noted this use has been here since the 19601s. Further discussion: why not apply for another gate for Lots 10-13, Block 7 to give them equal treatment; there is a parking demand out there and there is another operator ready; is there that much difference between the two operators; problem is not the operators, it is the enmity which has developed between the owners over the years. Attorney Corey stated the legal argument should not be Burlingame Planning Commission Minutes Page 11 June 26, 1989 before Commission but they do not want to stop the parking operation, CA's recommendation will let it keep going until the problems are worked out. There were no further audience comments and the public hearing was closed. Staff and Commission briefly discussed the history of this site, permits granted and litigation. C. Jacobs moved for approval of the special permit amendment as recommended by the City Attorney for the reasons stated in his memo of June 6, 1989 with the following condition: (1) that this use permit shall include the parcels identified as Block 5, Lots 8, 9, 10, 11, 12 and Block 7, Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 and that circulation in and among these lots shall occur only internally to the lots. Motion was made by resolution and seconded by C. S.Graham. In comment on the motion it was determined the CA still stands by his recommendation. Further Commission comment: in 1988 voted against the special permit because it brought the permit up before Commission again, contended in 1988 that it was an interim use 20 years ago because they had problems selling the land and getting construction started, this land has a much better and higher use than a parking lot, will vote against the special permit amendment. Motion was approved on a 6-1 roll call vote, C. H.Graham voting no. Appeal procedures were advised. FROM THE FLOOR There were no comments from the floor. ACKNOWLEDGMENT CP memo - change to 2112 Hillside Drive plans PLANNER REPORT CP Monroe reviewed City Council actions at its June 19, 1989 regular meeting. ADJOURNMENT The meeting was adjourned at 10:18 P.M. Respectfully submitted, Shelley S. Graham Secretary