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HomeMy WebLinkAboutMin - PC - 1995.11.27MINUTES CITY OF BURLINGAME PLANNING COMMISSION November 27, 1995 CALL TO ORDER A regular meeting of the Planning Commission, City of Burlingame was called to order by Chairman Jacobs on Tuesday, November 27, 1995 at 7:30 P.M. ROLL CALL Present: Commissioners Deal, Ellis, Galligan (arrived 7:31), Key, Mink, Wellford and Jacobs Absent: None Staff Present: City Planner, Margaret Monroe; City Engineer, Frank Erbacher and Fire Marshal, Keith Marshall MINUTES - The minutes of the November 13, 1995 Planning Commission meeting minutes, Item #6, 777 Airport Boulevard, condition #1 was corrected to read: " 1) that the signs shall be installed at the locations on the plans submitted to the Planning Department and date stamped September 26, 1995 and amended by the 81/2" X 11" site plan indicating the correct location of the proposed pole sign, dated November 2, 1995, except that the pole sign on the secondary frontage facing Anza Blvd. shall be single faced". The minutes were then approved. AGENDA - It was noted for the record that Item #6, 1375 Burlingame Avenue (Crosby Commons) was withdrawn. The order of the agenda was approved. FROM THE FLOOR There were no public comments. ITEMS FOR STUDY There were no study items. -1- CITY OF BURLINGAME PLANNING COMMISSION MINUTES November 27, 1995 ACTION ITEMS TWO SPECIAL PERMITS AND A SIDE SETBACK VARIANCE FOR A NEW DETACHED GARAGE. THE SPECIAL PERMITS ARE FOR THE TOILET IN THE GARAGE AND FOR THE PLACEMENT OF THE DETACHED GARAGE NOT WHOLLY IN THE REQUIRED REAR 30% OF THE LOT. THE SIDE SETBACK VARIANCE IS FOR THE 1'-0" SIDE SETBACK PROPOSED FOR THE PORTION OF THE GARAGE FORWARD OF THE REAR 30% LINE, WHERE 7'-0" IS REQUIRED AT 328 CHAPIN LANE, ZONED R-1, (GEORGE F. II AND D. H. MONTGOMERY, PROPERTY OWNERS AND APPLICANT). Reference staff report, 11.27.95, with attachments. CP Monroe discussed the request, reviewed criteria, Planning Department comments. Five conditions were suggested for consideration. Chm. Jacobs opened the public hearing. George Montgomery, the applicant, 328 Chapin Lane, explained that the french doors on the side of the garage are for appearance and exiting purposes. The single door is access to the toilet. Mr. and Mrs. Benson, 324 Chapin Lane, spoke in favor of the application, while it might affect their property it is a reasonable request; house is 20 years old, improvement due. There were no other comments and the public hearing was closed. C. Galligan commented that new garage is far enough away so has same effect as others at rear of lot, exceptional circumstance is depth of lot. There are alternatives for placement of the house on the lot but to require them would be to deny applicant the detached garage which is common in Burlingame. He then moved to approve this request for two special permits and a side setback variance with the following amended conditions: 1) that the garage shall be built as shown on the plans submitted to the Planning Department and date stamped October 11, 1995 Sheets A0, Al, A2, A3; and that there shall be at least a 4' separation between the eaves of the garage and the closest portion of the house; 2) that the toilet in the detached garage shall be used in conjunction with the future pool use only and that the new detached garage shall never be used as an accessory living unit or for any purposes other than a detached garage with toilet and changing room; 3) that the exterior shower shall not be enclosed without an amendment to this use permit; 4) that no structure shall ever be constructed to connect the garage to the house, except for a fence built to current Planning, Building and Fire code requirements; and 5) 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 approved on a 6-1 (C. Mink dissenting) voice vote. Appeal procedures were advised. -2- CITY OF BURLINGAME PLANNING COMMISSION MINUTES November 27, 1995 2. FRONT SETBACK AND LOT COVERAGE VARIANCES FOR THE RECONSTRUCTION OF A FRONT PORTION OF THE HOUSE AT 1440 CARLOS AVENUE, ZONED C-1, SUBAREA A, (MICHAEL J. AND CONNIE G. HO, PROPERTY OWNERS AND APPLICANT). Reference staff report, 11.27.95, with attachments. CP Monroe discussed the request, reviewed criteria, Planning Department comments. Four conditions were suggested for consideration. Chm. Jacobs opened the public hearing. Paul Rotter, 190 Belgrave Avenue, San Francisco, the architect was present representing Mr. and Mrs. Ho, who were called out of town. He noted that the work to be done was at the front of the house caused by dry rot. There were no other comments and the public hearing was closed. Commission discussed the request noting the application for these setback variances and lot coverage are for less than is currently on site and this will bring development on this lot closer to code compliance. C. Deal noted this is a request to approve less than is currently there, the house needs some repair and this will reduce the lot coverage and increase the front setback even if not to current code requirements, it would be detrimental to other properties in the area not to allow this refurbishing. He then moved to approve this request for front setback and lot coverage variances with the following conditions: 1) that the project shall be built as shown on the plans submitted to the Planning Department and date stamped October 26, 1995, Sheets HV -1 and HV -2; 2) that the lot coverage shall not exceed 42.4% and any change to this project which might affect lot coverage and\or floor area shall require further review by the Planning Commission; 3) that the project shall meet all the Uniform Building and Uniform Fire Codes requirements as amended by the City; and 4) that any changes to the project which affect zoning regulations and/or development envelope after ground breaking shall require a review of this application in front of the Planning Commission prior to continuation of construction. Motion was seconded by C. Mink and approved on a 7-0 voice vote. Appeal procedures were advised. Commission asked clarification of code section 25.50.070, non -conforming structures, which indicates, if it is only repair or maintenance and not enlarging the area of the structure, it can be done as a matter of right. Staff noted in this case new construction is the issue since the enclosure of what was originally an uncovered patio was done without benefit of permits. The project will replace this enclosure with an extension of the original house on a new foundation. This action is necessary to clear the situation. -3- CITY OF BURLINGAME PLANNING COMMISSION MINUTES November 27, 1995 3. TAKE-OUT PERMIT FOR A RESTAURANT AT 234 PRIMROSE ROAD, ZONED C-1, SUBAREA A, (FRANCIS G. & O. M. DUFFIELD, PROPERTY OWNERS AND CLIFF AND SUSAN WOODS, APPLICANT). Reference staff report, 11.27.95, with attachments. CP Monroe discussed the request, reviewed criteria, Planning Department comments. Six conditions were suggested for consideration. Chm. Jacobs opened the public hearing. Mike Nilmeyer, architect, 128 Pepper Avenue, Cliff and Susan Woods, 1600 Beach Street, San Francisco, were present to answer questions. There will be no home delivery from this business. There were no other comments and the public hearing was closed. C. Deal noted that a take-out use at this location will not be detrimental to the city and moved to approve this request with the following conditions: 1) that the project shall be built as shown on the plans submitted to the Planning Department and date stamped October 3, 1995 Sheet A-0 Site Plan and Cover Sheet and sheet A-3 Floor Plan and Details; 2) that the conditions of the City Engineers' October 5, 1995 memo shall be met; 3) that the business will be open 11:00 a.m. to 10:00 p.m. seven days a week with a maximum of five employees at any one time; 4) that the applicant shall provide and maintain at least daily, more often if necessary, a trash receptacle at the door along Primrose Road, or at locations approved by the City Engineer and Fire Department; 5) that the applicant shall remove once a day or more frequently, all take-out debris on the sidewalk in front of the store, in the gutter, and in planters and within 50' of the store; and 6) 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. Ellis and approved on a 7-0 voice vote. Appeal procedures were advised. 4. TAKE-OUT PERMIT FOR A CARRY OUT GOURMET FOOD ESTABLISHMENT WITH CATERING AT 1420 BURLINGAME AVENUE, ZONED C-1, SUBAREA A, (BOARDWALK PROPERTIES, PROPERTY OWNERS AND BILLY HARRIS, APPLICAND. Reference staff report, 11.27.95, with attachments. CP Monroe discussed the request, reviewed criteria, Planning Department comments. Seven conditions were suggested for consideration. Chm. Jacobs opened the public hearing. Billy Harris, the applicant, 1372 Broadway, San Francisco, Gary Cohn, realtor/agent, 347 Primrose, and Martin Dreiling, Architect, 1103 Juanita, presented the project to the commission. There will be regular home delivery. Product is high end and must be reheated at home. Attractive alternative for elderly people. Commission questioned the condition giving the applicant exclusive use of two parking spaces in CITY OF BURLINGAME PLANNING COMMISSION MINUTES November 27, 1995 in the rear (1 for the delivery van and 1 for customers use) when the variance negotiated and granted to this property requires the 31 parking spaces for the exclusive use of the tenants above the first floor. Noting that in the future the restaurant area could be expanded from 2,233 SF to 2,572 SF within the limits of the present parking variance for the site; parking variance was for the office uses above the ground floor, designating some of these spaces for a use on the ground floor is not consistent with a parking variance, so this applicant should find another place for his van; recognize he will have to load the van at the rear of the building for deliveries twice a day; estimates loading will take 7-10 minutes twice a day. The applicant, Mr. Harris clarified he would be willing to lease parking on another site if necessary. It was noted that his lease allows use of these two spaces only if their assignment will not interfere with the parking variance granted by the city. Mr. Dreiling asked that the commission take note that this use will be lower impact use than a restaurant with regular seating that could go into this site and would have a greater effect on parking. Delivery will be only twice each day, lunch, 11:00 a.m. to 1:00 p.m. and dinner, 4:00 p.m. to 7:30 p.m. There were no other comments and the public hearing was closed. Commissioners discussion: if this applicant parks elsewhere there will be a minimal impact from this use, not like to see a chipping away at the previous agreement, condition regarding designating parking spaces should be removed because it will be a detriment to the office users; expressed concern about the fact that the take-out permit goes with the portion of the property and the applicant or a future restauranteur could expand from 2,233 SF to 2,572 SF and intensify the business on the same permit; it was noted that the conditions go with the permit and limit future users the same as the present applicant; discussed adding a condition limiting this take-out permit to the leased size (2,233 SF) and number of tables (3) and chairs (12) of this request. C. Mink noted this proposed use will be in accord with the general plan and will not be detrimental to the office use or impact their parking. He then moved to approve this application with the following suggested conditions except that the condition allowing designated parking at the rear shall be removed and that this take-out permit shall be limited to 2,233 SF food establishment with 3 tables and 12 chairs and any change to those will require a review and amendment to this take-out permit: 1) that the project shall be built as shown on the plans submitted to the Planning Department and date stamped October 12, 1995 Sheet Al Existing Ground Floor Plan and Sheet A2 Proposed Ground Floor Plan; 2) that the conditions of the City Engineers' October 16, 1995 memo shall be met; 3) that the business will be open 10:00 A.M. to 8:00 P.M. Tuesday through Sunday with a maximum of eight employees at any one time; 4) that the applicant shall provide and maintain at least daily, more often if necessary, a trash receptacle at the door along Burlingame Avenue, or at locations as approved by the City Engineer and Fire Department; 5) that the applicant shall remove once a day or more frequently, all take-out debris on the sidewalk, in the gutter, and in planters, in front of the store and within 50' of the store; 6) that the project shall meet all the requirements of the Uniform Building and -5- CITY OF BURLINGAME PLANNING COMMISSION MINUTES November 27, 1995 Uniform Fire Codes as amended by the City of Burlingame; and 7) that this take-out permit shall be limited to a 2,233 SF food establishment with 3 tables and 12 chairs and any change to these conditions will require a review and an amendment to this take-out permit. Motion was seconded by C. Ellis and approved on a 7-0 roll call vote. Appeal procedures were advised. 5. SPECIAL PERMIT FOR A REAL ESTATE OFFICE AT 330 PRIMROSE ROAD #500, ZONED C-1, SUBAREA A, (EDWARD A. KEITH, PROPERTY OWNERS AND INTERNET PROPERTIES, INC., APPLICANT). Reference staff report, 11.27.95, with attachments. CP Monroe discussed the request, reviewed criteria, Planning Department comments. Four conditions were suggested for consideration. Chin. Jacobs opened the public hearing. Sophia Lau, a broker representing the applicant was present to answer any questions. When asked the reason the large space is required it was noted that the tenant improvements are is in place and the price was less than comparable space is in San Mateo. There were no other comments and the public hearing was closed. A commissioner noted that the other financial institutions granted use permits in this building were much smaller. C. Galligan noted based on review of the staff report and previous actions this is a proper use for this site. It will not interfere with the health, safety and welfare of the neighborhood. He then moved to approve this application with the following conditions: 1) that the real estate business shall be limited to 2,700 SF in Suite #500, as shown on the plans submitted to the Planning Department and date stamped October 24, 1995, Underground Garage, First through Fifth Floors (81/2" x 11"); 2) that the real estate business shall be open 9:00 A. M. to 5:00 P.M. Monday through Friday with a maximum of eight employees on site at any one time; 3) that any changes in operation, floor area, use, location in the building, or number of employees, which exceed the maximums as stated in these conditions shall require an amendment to this use permit; 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. Mink and approved on a 6-1 (C. Jacobs dissenting) voice vote. Appeal procedures were advised. 6. PARKING VARIANCE FOR 18 SPACES FOR A TENANT IMPROVEMENT AT 1375 BURLINGAME AVENUE (CROSBY COMMONS), ZONED C-1, SUBAREA A. (EDWARD W. BECK, PROPERTY OWNER AND ENRIQUE FAINCHTEIN, APPLICANT). WITHDRAWN - 11.20.95 In CITY OF BURLINGAME PLANNING COMMISSION MINUTES November 27, 1995 PLANNER REPORTS - CP reviewed City Council regular meetings of November 20, 1995. - Commission discussed and reviewed the proposed Draft M-1 District Regulations; Conditional and Prohibited Uses with the CP and Mike Coffey from the citizens committee. ADJOURNMENT The meeting was adjourned at 10:10 p.m. NMTLUEs11.27 -7- Respectfully submitted, Karen Key, Secretary