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HomeMy WebLinkAboutReso - CC - 083-1997RECORDING REQUESTED AND RETURN TO: CITY CLERK CITY OF BURLINGAME 501 PRIMROSE ROAD BURLINGAME CA 94010 111111111111111111111111111 OFFICIAL RECORDS OF SRN MATEO COUNTY RSSESSOR-COUNTY CLERK -RECORDER WARREN SLOCUM Recorded at Request of CITY OF BURLINGAME 97-155012 12/01/97 09:10 RRecording Fee' SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY ASALAS RESOLUTION 83-97 GRANTING APPEAL AND APPROVING VARIANCES AT 2104 HALE DRIVE, BURLINGAME - APN 027-162-020 `l �5 RESOLUTION NO. 83-97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME GRANTING APPEAL OF PLANNING COMMISSION DECISION AND APPROVING A REQUEST FOR DECLINING HEIGHT ENVELOPE, SIDE SETBACK, HEIGHT, AND PARKING VARIANCES AT 2104 HALE DRIVE, BURLINGAME, CALIFORNIA WITH CONDITIONS ZONE R-1 PROPERTY OWNERS AND APPELLANTS: BRUCE AND PAM OLIVIER APN 027-162-020 RESOLVED by the CITY COUNCIL of the CITY of BURLINGAME that: WHEREAS, this matter came before the City Council on October 20, 1997, on an appeal by the applicants and property owners from a Planning Commission decision approving the application in part with conditions but denying the variances for declining height envelope and side setback, and was regularly noticed in accordance with State and City law; and1 WHEREAS, the Council received and considered all written documentation and oral testimony submitted from all interested persons; and P WHEREAS, the Planning Commission properly considered this application, made findings, and acted in accordance with the requirements of the Zoning Code in its decision; and WHEREAS, the City Council has received additional information and testimony from the -' neighbors of the proposed project and a licensed contractor who has reviewed the plans for compliance with construction requirements; and WHEREAS, a large redwood tree is located in the back yard of the property and largely controls where any additions to the house or garage can be located on the site; and WHEREAS, the current home is of a specific design and layout, especially an earlier second story addition to the rear, that further dictate how any additional improvements can be made; and WHEREAS, the side setbacks on the project property, separation of a driveway on the neighboring property where the narrow side setback is located, and the garages being located to the rear of both properties provide a good deal of structural separation that mitigates the need for full standard setbacks and declining height envelope requirements; and WHEREAS, the neighbors' testimony demonstrated that the proposed design will be in conformance and compatible with the neighborhood's character and will sustain its integrity; and 1 WHEREAS, the proposed design will alleviate the need to unnecessarily destroy significant portions of the existing home and seems to be the sensible approach to the location of certain rooms and the staircase in the house; and WHEREAS, given all of the site constraints and factors, the proposed design will allow the property owners to enjoy the same benefits already enjoyed by other properties in the neighborhood; and WHEREAS, the findings of the Planning Commission with regard to the building height and parking variances are proper and appropriate; and WHEREAS, the proposed project is consistent with the intent of the requirements of the Zoning Code, NOW, THEREFORE, it is hereby ordered and directed as follows: 1. The appeal of the property owners and applicants from the decision of the Planning Commission on this application is granted as provided below. 2. The categorical exemption under CEQA Guidelines, Article 9, Section 15303 (new s?= construction or conversion of small structures, class 3) is approved. 3. The request for variances from the requirements of declining height envelope for the left side of the home, second story side setback for the left side of the home, height variance for 35'-0" building height, and parking variance for number of covered spaces is approved subject to the conditions contained in Exhibit A hereto. 4. A certified copy of this resolution shall be recorded in the official records of the County of San Mateo. This decision is a final administrative decision of the City of Burlingame. Anyone wishing to challenge this decision in a court of competent jurisdiction must do so within 90 days pursuant to Code of Civil Procedure Section 1094.6 unless a shorter time is provided by State or Federal law. Nothing contained in this decision should be construed as establishing a precedent of any kind, and each such application for any variance shall be reviewed on a specific site basis pursuant to the Municipal Code. The approval granted by this permit must be used within one year of the approval by the Council or it may be subject to lapsing as provided in the Municipal Code. 2 4, �'h Ma I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 3rd day of NOVEMBER1997, and adopted thereafter by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: RMWM4 H— WKa JLN 1 UI_ SIC HARRISON, JANNEY, KNIGHT, O'MAHONY, SPINELLI NONE NONE I hereby certify this to be a full, true and correct copy of the document it purports to be, the original of which is on file inmy office. Dated: qitjl Clerk y of Burlingame 3 EXHIBIT A CONDITIONS OF APPROVAL OF REQUEST FOR VARIANCES FOR 2104 HALE DRIVE, BURLINGAME, CALIFORNIA 1. The project shall be built as shown on the plans submitted to the Planning Department and date stamped August 12, 1997, sheets 1 through 3 and sheets 5 through 7 and sheet 4 date stamped August 28, 1997. The maximum elevation at the top of the roof ridge shall not exceed a height of 35'-0" as measured from the average elevation at the top of curb along Hale Drive (elevation +1.021`) and that the top of the second floor and the final roof ridge shall be surveyed and approved by the City Engineer as the framing proceeds, and prior to final framing and roofing inspections; should any framing exceed the stated elevation at any point in the construction it shall be removed or adjusted so that the final height of the structure with roof shall not exceed the maximum height, 35'-0", shown on the approved plans; The left side property line shall be surveyed to verify the setback of the existing first floor. 4. The conditions of the Fire Marshal's and Chief Building Official's August 4, 1997, memos shall be met. TE 5. The house shall remain as approved with a maximum of five bedrooms, a 33'-0" long - 10'- 4" wide tandem garage accessible for parking two cars, a floor area ratio (FAR) in the i-6 primary structure of no more than .503, and a maximum of 2200 square feet of loto. coverage; and any redesign of this project or any future addition to the house or garage that increases or decreases any of the development on this property shall cause the variances herein granted to be suspended, and application to the Planning Commission for approval shall be required. 6. The project shall meet a!! requirements of the California Building and Fire Codes, 1995 edition, as amended by the City of Burlingame. A-1 RESOLUTION NO. 83-97 RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF BURLINGAME GRANTING APPEAL OF PLANNING COMMISSION DECISION AND APPROVING A REQUEST FOR DECLINING HEIGHT ENVELOPE, SIDE SETBACK, HEIGHT, AND PARKING VARIANCES AT 2104 HALE DRIVE, BURLINGAME, CALIFORNIA WITH CONDITIONS ZONE R-1 PROPERTY OWNERS AND APPELLANTS: BRUCE AND PAM OLIVIER APN 027-162-020 RESOLVED by the CITY COUNCIL of the CITY of BURLINGAME that: WHEREAS, this matter came before the City Council on October 20, 1997, on an appeal by the applicants and property owners from a Planning Commission decision approving the application in part with conditions but denying the variances for declining height envelope and side setback, and was regularly noticed in accordance with State and City law; and WHEREAS, the Council received and considered all written documentation and oral testimony submitted from all interested persons; and WHEREAS, the Planning Commission properly considered this application, made findings, and acted in accordance with the requirements of the Zoning Code in its decision; and WHEREAS, the City Council has received additional information and testimony from the neighbors of the proposed project and a licensed contractor who has reviewed the plans for compliance with construction requirements; and WHEREAS, a large redwood tree is located in the back yard of the property and largely controls where any additions to the house or garage can be located on the site; and WHEREAS, the current home is of a specific design and layout, especially an earlier second story addition to the rear, that further dictate how any additional improvements can be made; and WHEREAS, the side setbacks on the project property, separation of a driveway on the neighboring property where the narrow side setback is located, and the garages being located to the rear of both properties provide a good deal of structural separation that mitigates the need for full standard setbacks and declining height envelope requirements; and WHEREAS, the neighbors' testimony demonstrated that the proposed design will be in conformance and compatible with the neighborhood's character and will sustain its integrity; and 01 WHEREAS, the proposed design will alleviate the need to unnecessarily destroy significant portions of the existing home and seems to be the sensible approach to the location of certain rooms and the staircase in the house; and WHEREAS, given all of the site constraints and factors, the proposed design will allow the property owners to enjoy the same benefits already enjoyed by other properties in the neighborhood; and WHEREAS, the findings of the Planning Commission with regard to the building height and parking variances are proper and appropriate; and WHEREAS, the proposed project is consistent with the intent of the requirements of the Zoning Code, NOW, THEREFORE, it is hereby ordered and directed as follows: 1. The appeal of the property owners and applicants from the decision of the Planning Commission on this application is granted as provided below. 2. The categorical exemption under CEQA Guidelines, Article 9, Section 15303 (new construction or conversion of small structures, class 3) is approved. 3. The request for variances from the requirements of declining height envelope for the left side of the home, second story side setback for the left side of the home, height variance for 35'-0" building height, and parking variance for number of covered spaces is approved subject to the conditions contained in Exhibit A hereto. 4. A certified copy of this resolution shall be recorded in the official records of the County of San Mateo. This decision is a final administrative decision of the City of Burlingame. Anyone wishing to challenge this decision in a court of competent jurisdiction must do so within 90 days pursuant to Code of Civil Procedure Section 1094.6 unless a shorter time is provided by State or Federal law. Nothing contained in this decision should be construed as establishing a precedent of any kind, and each such application for any variance shall be reviewed on a specific site basis pursuant to the Municipal Code. The approval granted by this permit must be used within one year of the approval by the Council or it may be subject to lapsing as provided in the Municipal Code. N Ma I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 3rd day of NOVEMBER1997, and adopted thereafter by the following vote: AYES: COUNCILMEMBER: HARRISON, JANNEY, KNIGHT, O'MAHONY, SPINELLI NOES: COUNCILMEMBER: NONE ABSENT: COUNCILMEMBER: NONE EXHIBIT A CONDITIONS OF APPROVAL OF REQUEST FOR VARIANCES FOR 2104 HALE DRIVE, BURLINGAME, CALIFORNIA The project shall be built as shown on the plans submitted to the Planning Department and date stamped August 12, 1997, sheets 1 through 3 and sheets 5 through 7 and sheet 4 date stamped August 28, 1997. 2. The maximum elevation at the top of the roof ridge shall not exceed a height of 35-0" as measured from the average elevation at the top of curb along Hale Drive (elevation +1.021') and that the top of the second floor and the final roof ridge shall be surveyed and approved by the City Engineer as the framing proceeds, and prior to final framing and roofing inspections, should any framing exceed the stated elevation at any point in the construction it shall be removed or adjusted so that the final height of the structure with roof shall not exceed the maximum height, 35'-0", shown on the approved plans; The left side property line shall be surveyed to verify the setback of the existing first floor. 4. The conditions of the Fire Marshal's and Chief Building Official's August 4, 1997, memos shall be met. 5. The house shall remain as approved with a maximum of five bedrooms, a 33'-0" long - 10'- 4" wide tandem garage accessible for parking two cars, a floor area ratio (FAR) in the primary structure of no more than .503, and a maximum of 2200 square feet of lot coverage; and any redesign of this project or any future addition to the house or garage that increases or decreases any of the development on this property shall cause the variances herein granted to be suspended, and application to the Planning Commission for approval shall be required. 6. The project shall meet all requirements of the California Building and Fire Codes, 1995 edition, as amended by the City of Burlingame. A-1