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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.