HomeMy WebLinkAboutReso - CC - 074-19929215 1 5 5 5RECORDED AT RQUEST OF�' P i
APJD RETUf iv TO 5'0 / `Y/ � t �^ �OtJ� �� �^
9�0vo
RESOLUTION NO, 74-92
RESOLUTION APPROVING HILLSIDE AREA CONSTRUCTION PERMIT
AND REAR SETBACK VARIANCE -
3096 RIVERA DRIVE
RESOLVED, by the City Council of the City of Burlingame
that:
WHEREAS, application was made to the Planning Commission
of the City of Burlingame by Renato and Beverly Tuccori for a
hillside area construction permit and rear setback variance at 3096
Rivera Drive (APN 025-341-030); and
WHEREAS, said application was heard by the Planning
Commission of the City of Burlingame on July 27, 1992, said hearing Gt7
N
being properly noticed as required by law; and
CJi
WHEREAS, the permit and variance were granted by the
Cn
Planning Commission, a timely appeal filed, and a public hearing Ln
Cn
upon said appeal scheduled and held by the City Council on August
17, 1992:
NOW, THEREFORE, IT IS ORDERED AND DETERMINED by the City
Council of the City of Burlingame:
1. That the following findings of fact are made
regarding said application:
(a) The application of Renato and Beverly Tuccori is for
a hillside area construction permit and rear setback variance at
3096 Rivera Drive, as more fully set for the staff report on this
matter;
1
(b) The proposed construction does not obstruct the
existing distant views of nearby properties.
(c) There are exceptional and extraordinary
circumstances and conditions applicable to the subject property
which do not apply generally to property in the same district, in
that the property is a corner lot and given the placement of this
particular house effectively has two front setbacks, the extension
of the room is under an existing eave and is unobtrusive, and the
patio cover is an extension of the rear wall, is thirty-five feet
below the windows of the adjacent residence, and would be a minor
modification if it were in a side setback;
(d) The granting of the application is necessary for the ti
N
preservation and enjoyment of a substantial property right of the
CJi
applicant and to prevent unreasonable property loss or unnecessary --
Cn
hardship, in that because of the unusual location and orientation Cn
Cn
of the house on a corner lot and the location of the adjacent
residence there is no other reasonable method to obtain some
privacy on the patio unless the variance is allowed;
(e) The granting of the application will not be
detrimental or injurious to property or improvements in the
vicinity and will not be detrimental to the public health, safety,
general welfare or convenience, because the adjacent property owner
at 1610 Hunt Drive is considerably higher and will be unaffected by
the construction;
E
(f) The use of the property with the variance will be
compatible with the aesthetics, mass bulk and character of existing
and potential use of properties in the general vicinity since the
patio cover will not be materially visible from such properties.
2. The decision of the Planning Commission is hereby
affirmed and the hillside area construction permit and rear setback
variance for 3096 Rivera Drive is approved, subject to the
conditions set forth in Exhibit "A" attached hereto.
3. It is further directed that a certified copy of this
resolution be recorded in the official re-cords of the Cc u5a
San
Mateo.
Nv.
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
August 17, 1992, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS: HARRISON, KNIGHT, LEMBI, O'MAHONY, PAGLIARO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS:
3
CD
N
CT
;CJI
C.fl
EXHIBIT "A"
i
"lT�
Conditions of approval, hillside area �tiT
construction permit and rear setback
variance, 3096 Rivera Drive, Burlingame, CA 94010
APN 025-341-030
1. that the addition shall be built as shown on the plans submitted
to the Planning Department and date stamped May 21, 1992, revised
U,) site plan date stamped July 1, 1992 and revised plan date stamped N
August 14, 1992;
Cn
2. that a retroactive building permit for the covered porch shall be _
obtained; and CJi
Cil
rt -)3. that the patio structure and residential addition as finally CJI
tiinspected shall meet all the requirements of the Uniform Building
and Uniform Fire Codes as amended by the City of Burlingame.
I hereby certify this to be a full, true
and correct copy of the document it
purports to be, the original of which LS
on file in my office.
DatedtG�
of surung"o
that:
RESOLUTION NO. 74-92
RESOLUTION APPROVING HILLSIDE AREA CONSTRUCTION PERMIT
AND REAR SETBACK VARIANCE -
3096 RIVERA DRIVE
RESOLVED, by the City Council of the City of Burlingame
WHEREAS, application was made to the Planning Commission
of the City of Burlingame by Renato and Beverly Tuccori for a
hillside area construction permit and rear setback variance at 3096
Rivera Drive (APN 025-341-030); and
WHEREAS, said application was heard by the Planning
Commission of the City of Burlingame on July 27, 1992, said hearing
being properly noticed as required by law; and
WHEREAS, the permit and variance were granted by the
Planning Commission, a timely appeal filed, and a public hearing
upon said appeal scheduled and held by the City Council on August
17, 1992:
NOW, THEREFORE, IT IS ORDERED AND DETERMINED by the City
Council of the City of Burlingame:
1. That the following findings of fact are made
regarding said application:
(a) The application of Renato and Beverly Tuccori is for
a hillside area construction permit and rear setback variance at
3096 Rivera Drive, as more fully set for the staff report on this
matter;
1
(b) The proposed construction does not obstruct the
existing distant views of nearby properties.
(c) There are exceptional and extraordinary
circumstances and conditions applicable to the subject property
which do not apply generally to property in the same district, in
that the property is a corner lot and given the placement of this
particular house effectively has two front setbacks, the extension
of the room is under an existing eave and is unobtrusive, and the
patio cover is an extension of the rear wall, is thirty-five feet
below the windows of the adjacent residence, and would be a minor
modification if it were in a side setback;
(d) The granting of the application is necessary for the
preservation and enjoyment of a substantial property right of the
applicant and to prevent unreasonable property loss or unnecessary
hardship, in that because of the unusual location and orientation
of the house on a corner lot and the location of the adjacent
residence there is no other reasonable method to obtain some
privacy on the patio unless the variance is allowed;
(e) The granting of the application will not be
detrimental or injurious to property or improvements in the
vicinity and will not be detrimental to the public health, safety,
general welfare or convenience, because the adjacent property owner
at 1610 Hunt Drive is considerably higher and will be unaffected by
the construction;
2
(f) The use of the property with the variance will be
compatible with the aesthetics, mass bulk and character of existing
and potential use of properties in the general vicinity since the
patio cover will not be materially visible from such properties.
2. The decision of the Planning Commission is hereby
affirmed and the hillside area construction permit and rear setback
variance for 3096 Rivera Drive is approved, subject to the
conditions set forth in Exhibit "A" attached hereto.
3. It is further directed that a certified copy of this
resolution be recorded in the official rg_Cords of the CouA-#--stf San
Mateo.
i
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
August 17, 1992, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS: HARRISON, KNIGHT, LEMBI, O'MAHONY, PAGLIARO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS:
3
EXHIBIT "A"
Conditions of approval, hillside area
construction permit and rear setback
variance, 3096 Rivera Drive, Burlingame, CA 94010
APN 025-341-030
1. that the addition shall be built as shown on the plans submitted
to the Planning Department and date stamped May 21, 1992, revised
site plan date stamped July 1, 1992 and revised plan date stamped
August 14, 1992;
2. that a retroactive building permit for the covered porch shall be
obtained; and
3. that the patio structure and residential addition as finally
inspected shall meet all the requirements of the Uniform Building
and Uniform Fire Codes as amended by the City of Burlingame.