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HomeMy WebLinkAboutMin - PC - 1994.08.0841(kl� CITY OF BURLINGAME PLANNING COMMISSION CALL TO ORDER A regular meeting of the Planning Commission, City of Burlingame was called to order by Chairman Galligan on Monday, August 8, 19,94 at 7:30 P.M. ROLL CALL Present: Commissioners Deal, Ellis, Galligan, Jacobs, Key and Mink Absent: Commissioner Kelly Staff Present: Margaret Monroe, City Planner; Frank Erbacher, City Engineer; Keith Marshall, Fire Marshal MINUTES - The minutes of the July 25, 1994 meeting were approved as mailed. Chairman Galligan informed all applicants for action :items that the rules of procedure for the commission require a minimum of 4 affirmative votes to pass a motion, there are only 6 members seated tonight,. If a vote ties the motion does not pass. If an applicant would prefer to be heard by a full commission, they may request a continuance. There were no such requests. AGENDA - Item Number 12, 34 Anita Road was continued to the August 22, 1994 meeting. The order of the agenda was then approved. FROM THE FLOOR There were no public comments. ITEMS FOR STUDY 1. SPECIAL PERMITS FOR OVERSIZED DETACHED GARAGE AT 21 PARK ROAD, ZONED R-3 (JOSE ABURTO, PROPERTY OWNER AND STANLEY E. YORKE. APPLICANT). Requests: What is use of small unit; are there plans for a second driveway on E1 Camino; is a use permit or home occupation permit required and what are the stipulations regarding occupational vehicles; describe size of vehicle; are the requirements for a detached garage the same in R-3 as in R-1; could future owner use garage for residential. Item set for public hearing August 22, 1994. 2. SPECIAL PERMIT FOR MARTIAL ARTS CLASSES AT 1247 BROADWAY, ZONED C-1 (WALTER RENNER, PROPERTY OWNER AND SCOTT WOODS. APPLICANT). Requests: Parking study for Saturdays; what age groups attend the Saturday classes; what are the parking requirements of this use vs a retail use; duration of typical class; will there be tournaments or exhibitions at this site; if so, when; Item set for public hearing August 22, 1994 pending completion of the parking study. -1- Burlingame Planning Commission Minutes August 8, 1994 3. SPECIAL PERMIT FOR REAL ESTATE USE ON THE FIRST FLOOR AT 1440 CHAPIN AVENUE, ZONED C-1 SUBAREA B1 (CORTINA INVESTMENTS LTD, PROPERTY OWNER AND CAROL RODONI OF CORNISH AND CAREY, APPLICANT). Requests: Clarify size of area leased on second floor; is the Monday morning meeting 35 or 80 people; address potential methods to alleviate parking problem; include copy of Planning Commission minutes for previous application; what has changed since last application; why no parking variance required; need new parking study, including lunch hour monday morning and peak parking demand times. Item set for public hearing August 22, 1994 if all necessary information is received. 4. TENTATIVE PARCEL MAP TO COMBINE LOTS AND A VARIANCE TO STREET FRONTAGE AT 025-169-160 & 170 AND 025-168-130, ZONED M-1 (ARTHUR MICHAEL AND JOHN T. MICHAEL - R.W.R. PROPERTIES, PROPERTY OWNERS AND ARTHUR MICHAEL, APPLICANT). Requests: Estimate of the number of spaces now provided to Prime Time in supplemental lot; What does the applicant plan to do with parcels; Item set for public hearing August 22, 1994. ACTION ITEMS 5. VARIANCES TO REAR SETBACK AND FLOOR AREA RATIO AT 2022 RAY DRIVE, ZONED R-1 (JERRY AND EILEEN CEGLIA, PROPERTY OWNERS AND TAMARA HARMON, APPLICANT). Reference staff report, 8/8/94, with attachments. CP Monroe discussed the request, reviewed criteria, Planning Department comments, and study meeting questions. Four conditions were suggested for consideration. Chm. Galligan opened the public hearing. Tamara Harmon, T. H. Designs, representing the applicant, addressed the commission and explained the changes to the project and the obstacles, within the structure, created by its original design, difficult to overcome. She stressed the fact that the excess floor area ratio consists mainly of air space in the stair well that could never become floor space. The garage side elevation is also reduced in mass and bulk by the addition of the bay window sections. The previous application asked for four variances; they are now with redesign requesting two. A diagram of floor area removed by redesign on the second floor was submitted to the commission to be a part of the record. C. Jacobs commended the designer for the spirit in which the redesign was handled, to address and reduce the Floor Area Ratio. There were no further comments and the public hearing was closed. The commission discussed the bay window and whether it could be allowed to go to the floor without having to renotice and appear before the commission. Since, if on a foundation it would encroach into the front setback, another variance would be necessary. C.Jacobs noted the exceptional lot shape which is not at all typical but is odd and different. As designed this addition to the house will be an asset to the neighborhood, she then moved approval of this application, by resolution, with the following conditions: 1) that the project shall be built as shown on the plans submitted to the Planning Department and date stamped July 8, 1994 Sheets A-1, A-2, A-3, A-4, A-5 with a maximum FAR of .553 or 3,093 SF; 2) that the front setback on the second floor shall be a -2- Burlingame Planning Commission Minutes August 8, 1994 t minimum of 20'-0" from the front property line; 3) that no portion of the garage shall be converted into storage area or living area which decreases the interior clear dimension of 20'-0" X 20'-011; and 4) that the project shall meet all Uniform Building and Uniform Fire Code requirements as amended by the City. Motion was seconded by C. Ellis and passed on a 6-0-1 (C. Kelly absent) voice vote. Appeal procedures were advised. 6. HEIGHT AND PARKING VARIANCES TO RENOVATE THE FIRST STORY AND BUILD A SECOND STORY ADDITION AT 1617 BALBOA AVENUE, ZONED R-1 (FRANK SKOGLUND, PROPERTY OWNER AND CHU DESIGN & ENGINEERING, APPLICANT). Reference staff report, 8/8/94, with attachments. CP Monroe discussed the request, reviewed criteria, Planning Department comments, and study meeting questions. Three conditions were suggested for consideration. Chm. Galligan opened the public hearing. James Chu, of James Chu Design clarified the lot size as 6000 SF. The property owner objected to the use of a flat roof and felt it would not be compatible with the neighborhood. Dick Inokuchi, the neighbor directly to the rear, at IL616 Coronado, spoke in opposition to the project, expressed his feelings that this would restrict light, air and view to his property and presented the commission with the signatures of neighbors opposed. Don Cory, 833 Alpine expressed his concern with tall structures cutting off light for the houses across the street. The property owner readdressed the commission to clarify that the view obstruction is only about 5' over the 30' maximum and would have little impact. There were no further comments and the public hearing was closed. Commissioners questioned the height of the current building which has a raised roof and the method of determining height, which is from top of curb at front property line. There was also discussion of the utility line within the public right-of-way in the 5.5' area between the sidewalk and front property line. setback area. Further discussion disclosed that this project in fact will almost be a rebuild and under those circumstances it would be possible to make the garage 3 or 4 feet wider which would then provide the 2 parking spaces required; the floor could then also be lowered keeping within the 30' height limit and still retaining the 9' ceiling on the first floor. C. Jacobs stated that this application, as presented, is not in keeping with the bulk and character of existing uses of properties in the general vicinity and could find no exceptional or extraordinary circumstances or conditions applicable to this property that do not generally apply to all property in the neighborhood. The height is more of a problem than the parking. She then moved to deny this application without prejudice. Motion was seconded by C. Mink and passed on a 6-0-1 (C. Kelly absent) voice vote. Appeal procedures were advised. -3- Burlingame Planning Commission Minutes August 8, 1994 7. SPECIAL PERMIT FOR SIZE AND REAR SETBACK VARIANCE FOR GARAGE AT 833 ALPINE ROAD, ZONED R-1 (DONALD CORY, PROPERTY OWNER AND DAVE HOWELL, APPLICANT). Reference staff report, 8/8/94, with attachments. CP Monroe discussed the request, reviewed criteria, and Planning Department comments. Four conditions were suggested for consideration. Chm. Galligan opened the public hearing. Donald Cory, 833 Alpine answered questions. There were no further comments and the public hearing was closed. C. Deal stated that the rear setback is dictated by the fact that garage is outside the rear 30% of the lot and the proportion of the garage relates well to the house. This garage is an intelligent use of the property, will fit nicely with the character of the existing neighborhood. He moved approval of this application, by resolution, with the following conditions: 1) that the project shall be built as shown on the plans submitted to the Planning Department and date stamped July 14, 1994 Sheet 1, Existing Floor Plan and Site Plan, and Sheet 2, Garage Elevations and Plans; 2) that no portion of the garage shall be used as a living area or converted into a living area at any later date; 3) that there shall be no encroachment of any structures, equipment, or appliances into the 10' X 20' required vehicle parking area; and 4) that the project shall meet all the requirements of the Uniform Building and Uniform Fire Codes as amended by the City of Burlingame. Motion was seconded by C. Key and passed on a 6-0-1 (C. Kelly absent) voice vote. Appeal procedures were advised. The Commission adjourned for a break at 9:05 P.M. and reconvened at 9:15 P.M. 8. VARIANCE FOR REQUIRED AVERAGE FRONT SETBACK AT 950 PALOMA AVENUE, ZONED R-1 (STEVE PETERSON, PROPERTY OWNER AND APPLICANT). Reference staff report, 8/8/94, with attachments. CP:Monroe discussed the request, reviewed criteria, and Planning Department comments. Four conditions were suggested for consideration. Chm. Galligan opened the public hearing. Tom Hamacher, the architect, and Steve Peterson, property owner were present to answer any questions. Mr. Hamacher explained the porch accomplishes a buffering effect and creates a flowing sight line down the block. There were no further comments and the public hearing was closed. Commissioners stated that this elongated and narrow lot requires a greater setback in order to have a 24' turnaround space in the rear. This solution, pulling their house forward, blends the setback with that of the garage on the corner house eliminating a tunnel effect to the streetscape. Reference to these reasons combined with the facts in the staff report, C. Deal then moved to approve this variance application, by resolution, with the following conditions: 1) that the project shall be built as shown on the plans submitted to the Planning Department and date stamped July 19, 1994, Sheet A-1 and Front Setback Survey; 2) that the front setback to the front porch shall not be less that 18'-6" and that the front setback to the -4- Burlingame Planning Commission Minutes August 8, 1994 main house shall not be less than 26'-011; 3) that the proposed fence elevation (Sheet A-1) shall not be approved with this application and shall be redesigned to conform to code prior to the issuance of a Building permit; and 4) that the project shall meet all Uniform Building and Uniform Fire Code requirements as amended by the City. Motion was seconded by C. Jacobs and passed on a 6-0-1 (C. Kelly absent) voice vote. Appeal procedures were advised. 9. PARKING VARIANCE FOR OFFICE USE ON THE SECOND FLOOR AT 311-315 PRIMROSE ROAD, ZONED C-1 SUBAREA A (RONNIE GOLDFIELD, PROPERTY OWNER AND APPLICANT). Reference staff report, 8/8/94, with attachments. CP Monroe discussed the request, reviewed criteria, Planning Department comments, and study meeting questions. Four conditions were suggested for consideration. Chm. Galligan opened the public hearing. Steve Kohn, Bruin Realty, 347 Primrose Road, was present on behalf of the property owner and elaborated that findings should show it is physically impossible to provide the required parking on site. Originally the second floor use was as two apartments requiring only 1 parking space for each unit. Commissioners noted they could not determine how the various areas on the second floor were to be used or there size and asked the applicant to provide adequate plans drawn to scale. Ronnie Goldfield, property owner, offered to answer any questions. There were no further comments and the public hearing was closed. C. Jacobs made a motion to continue this application until the applicant is able to submit a more complete set of plans in compliance with the Planning Department's plan preparation checklist. It was noted. for the record that this application should be renoticed at the time it is brought back to the commission. Motion was seconded by C. Ellis and passed on a 6-0--1 (C. Kelly absent) voice vote. Appeal procedures were advised. 10. PARKING VARIANCE FOR SIX STALLS TO ALLOW SECOND FLOOR RETAIL USE AT 851 CALIFORNIA DRIVE, ZONED C-R (PAUL C. LEE, PROPERTY OWNER AND APPLICANT). Reference staff report, 8/8/94, with attachments. CP Monroe discussed the request, reviewed criteria, Planning Department comments, and study meeting questions. Four conditions were suggested for consideration. A letter objecting to the application, from the owner of 857-8151 California Drive, was read into the record. Commissioner asked clarification of the use permit in the event another business were to occupy this site. Chm. Galligan opened the public hearing. Peter Lee, owner of Future Sound and Ed Chamberlain, Manager of Future Sound were present to answer questions. It was conceded the work had been undertaken and completed without benefit of permits. Commissioners asked the applicant to determine what are the exceptional or extraordinary circumstances that are there now and were not there and outlined in the planner's letter when the building was purchased and prior to the construction. The applicant explained the -5- Burlingame Planning Commission Minutes August 8, 1994 zoning regulations changed after the property was purchased. The interior work to the second floor was done so the business could survive. The zoning restrictions changed in 1991. The applicant acknowledged they made a mistake and are trying to remedy that error. Larry Lyon, 1901 Garden Drive and Frank Hunt, 1134 Eastmoor Road, spoke in support of the applicant. The business is an upscale, destination distributor. They have been in Burlingame a long time. The applicant answered the commissioners questions regarding the length of time the applicant has done business in Burlingame. They have been in Burlingame over seven years, on Burlingame Avenue and at this site. Details of the second floor showroom use were furnished, there are no sales transactions on the second floor. Commissioners commented about the employee parking problems. There were no further comments and the public hearing was closed. Commission stated the applicant caused their own hardship and it is a unique problem created by rezoning. C. Jacobs then moved approval of this application, by resolution, with the following amended and added conditions: 1) that the uses within the building shall conform to those shown on the plans submitted to the Planning Department date stamped June 23, 1994, and shall have 2484 SF of retail sales and :storage on the first floor and 2160 SF of showroom only and 324 SF of storage associated with the retail sales on the second floor; 2) that application shall be made to the Building Department for a retroactive building permit(s) for all work not previously approved by the Building Department and for any required or proposed corrective work, and that prior to the issuance of any building permit(s) for this work the property owner shall pay penalty fees equalling ten times the building permit fee; 3) that only one business, and that business shall be a retail business, shall operate from this site and that the business shall operate within the hours of 10:00 a.m. to 8:00 p.m. Monday through Saturday and 11:00 a.m. to 5:00 p.m. Sundays, with a maximum of four employees on site at any one time; 4) that all sales contracts shall be written on the first floor; 5) that the conditions of the Fire Marshal's memo dated June 27, 1994 shall be met; 6) that the project shall meet all the requirements of the Uniform Building and Uniform Fire Codes as amended by the City of Burlingame; 7) that all employees shall be required to park on the east side of California Drive, so that the adjacent residential area shall not be impacted; 8) that the applicant will comply with requirements of the Uniform Building Code, obtain all required permits and complete work within sixty (60) days; 9) that -this variance shall expire in three (3) years and if the applicant wishes to continue the showroom use on the second floor he shall reapply for a parking variance prior to the expiration of this of this variance; and 10) that the conditions of this variance shall be reviewed for compliance in six months (January, 1995) and every year thereafter or upon complaint. Motion was seconded by C. Key and passed on a 5-1-1 (C. Mink dissenting and C. Kelly absent) voice vote. Appeal procedures were advised. Burlingame Planning Commission Minutes August 8, 1994 11. SPECIAL PERMIT FOR SATELLITE DISH ANTENNA AT 1100 TROUSDALE DRIVE, ZONED C-1 (RUSSELLO & ROSENBERG ET AL, PROPERTY OWNER AND SHAWN CHAPEL, APPLICANT). Reference staff report, 8/8/94, with attachments. CP Monroe discussed the request, reviewed criteria, and Planning Department comments. Five conditions were suggested for consideration. Chm. Galligan opened the public hearing. Shawn Chapel, 1100 Trousdale Avenue, clarified the operation of the satellite dish.. It receives only educational material related to long term care networking, not entertainment. There were no further comments and the public hearing was closed. C. Ellis stated that this antenna and its proposed use, at this location, is suitable and compatible with the character of the existing neighborhood and moved approval of this application, by resolution, with the following conditions: 1) that the location of the antenna shall. be consistent with the location shown on the plans submitted to the Planning Department date stamped July 6, 1994; 2) that the top of the dish antenna shall not be higher than 10'-6" above the grade adjacent to the sidewalk; 3) that the antenna surface shall be non -reflective, painted to match the building and the non -reflective quality shall be maintained by the property owner; 4) that any change in the location, surface or size of this antenna or the addition of other antennas at this site shall require an amendment to this iermit; and 5) that the project shall meet all requirements of the Uniform Building and Fire Codes as amended by the City. Motion was seconded by C. Ellis and passed on a 4-2-1 (C. Deal and Mink dissenting and C. Kelly absent) roll call vote. Appeal procedures were advised. Commission commented on the placement of this satellite dish and its visibility to traffic on California Drive. Anything on the roof would be visible to the residences up the hill. 12. VARIANCES TO RETAIN AN ILLEGALLY CONVERTED GARAGE AS A LIVING UNIT AT 34 ANITA ROAD, ZONED R-3 (ROSA AND YVETTE MEDINA, PROPERTY OWNERS AND YVETTE MEDINA, APPLICANT). (ITEM CONTINUED TO AUGUST 22, 1994). ITEM CONTINUED TO AUGUST 22, 1994. 13. TENTATIVE AND FINAL CONDOMINIUM MAP AT 1445 EL CAMINO REAL, ZONED R-3 (DR. MOHSEN NAJAFI, PROPERTY OWNER AND APPLICANT). Reference staff report, 8/8/94, with attachments. CE Erbacher discussed the request, reviewed criteria, Public Works and Planning Department comments. There were no conditions were suggested for consideration. There was confirmation that occupancy would not be allowed until the landscaping is complete. :hm. Galligan opened the public hearing. Mohsen Najafi, 754 Sir Francis Drake Boulevard, San Raphael, was present to answer any questions and assured the commission the landscape would be complete. There were no further comments and the public hearing was closed. -7- Burlingame Planning Commission Minutes August 8, 1994 C. Jacobs moved that this application for a tentative and final condominium nap be recommended to City Council. Motion was seconded by C. Ellis and passed on a 6-0--1 (C. Kelly absent) voice vote. Appeal procedures were advised. VIII. PLANNER REPORTS There were no reports. IX. ADJOURNMENT The meeting was adjourned at 11:30 P.M. Respectfully submitted, Mike Ellis, Secretary MINUTES8.8