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HomeMy WebLinkAboutReso - CC - 097-1991RECORDING REQUESTED BY CITY CLERK CITY OF BURLINGAME 501 PRIMIROSE ROAD BURLINGAME CA 94010 RESOLUTION N0. 97-91 RESOLUTION GRANTING REAR SETBACK VARIANCE - 433 OCCIDENTAL AVENUE 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 Donald and Pamela Asplund for a rear setback variance at 433 Occidental Avenue (APN 028-282-020); and WHEREAS, said application was heard by the Planning Commission of the City of Burlingame on September 23, 1991, said hearing being properly noticed as required by law; and WHEREAS, the variance was granted by the Planning Commission, a timely appeal filed, and a public hearing upon said appeal scheduled and held by the City Council on October 21, 1991: NOW, THEREFORE, IT IS ORDERED AND DETERMINED by the City Council of the City of Burlingame: 1. That the followingfindings of fact are made regarding said application: (a) The application of Donald and Pamela Asplund is for a rear setback variance to allow the construction of a deck upon their property at 433 Occidental Avenue, as more fully set for the staff report on this matter; (b) There are exceptional and extraordinary circumstances and conditions applicable to the subject property 01 WE which do not apply generally to property in the same district, in that the property has an unique shape which places the residence thereon unusually close to the rear property line but which places it a substantial distance from the adjacent residence to the rear; (c) 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 there is no other safe outdoor recreation area to the rear of the residence unless the variance is allowed for the construction of the deck; (d) 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 to the rear has installed a fence which limits view of the deck and noise transition and the deck as proposed will be above the level of any serious flood waters; (e) 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 deck will not be visible from such properties and the sound transmission therefrom will be minimal. 2. The decision of the Planning Commission is hereby affirmed and the rear setback variance for 433 Occidental Avenue 2 W N N .A EXHIBIT "A" Conditions of approval, rear setback variance, 433 Occidental Avenue (effective October 22, 1991) 1. that the project as built shall be consistent with the plans submitted to the Planning Department and date stamped August 7, 1991 with no portion of the 280 SF deck closer than 5' to the rear property line, no portion of the walkway closer than 12' to the rear property line and no portion of the addition to the existing deck closer than 12' to the rear property line; 5. that all requirements of the Uniform Building Code and Uniform Fire Code as amended by the City of Burlingame shall be met. 1 hereby certify this to he n full, true QnU corrOct cr- -Jv Of t",, c1cc:11 :t purports }p be, 0,,3 ori of vdl::' 'rs cry fire innly of the Chy of 2. that all decking and railings shall be of redwood and maintained in a safe condition in such a way that they shall not affect the free flow conditions in the creek; rp 3. that the placement of the supports and framing for the deck shall QNQ be inspected by the Building Department to ensure the approved C a setbacks are met prior to placing the deck surface and railings, and all footings and piers shall be lowered so that they are placed below grade; 4. that the conditions of the City Engineer's August 20, 1991 memo requiring submittal and approval of additional detail and refinements for deck supports and improvements and securing Fish and Game and U. S. Corps of Engineers permits shall be met before a building permit is issued; and 5. that all requirements of the Uniform Building Code and Uniform Fire Code as amended by the City of Burlingame shall be met. 1 hereby certify this to he n full, true QnU corrOct cr- -Jv Of t",, c1cc:11 :t purports }p be, 0,,3 ori of vdl::' 'rs cry fire innly of the Chy of RESOLUTION NO.97-91 RESOLUTION GRANTING REAR SETBACK VARIANCE - 433 OCCIDENTAL AVENUE 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 Donald and Pamela Asplund for a rear setback variance at 433 Occidental Avenue (APN 028-282-020); and WHEREAS, said application was heard by the Planning Commission of the City of Burlingame on September 23, 1991, said hearing being properly noticed as required by law; and WHEREAS, the variance was granted by the Planning Commission, a timely appeal filed, and a public hearing upon said appeal scheduled and held by the City Council on October 21, 1991: 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 Donald and Pamela Asplund is for a rear setback variance to allow the construction of a deck upon their property at 433 Occidental Avenue, as more fully set for the staff report on this matter; (b) There are exceptional and extraordinary circumstances and conditions applicable to the subject property 1 which do not apply generally to property in the same district, in that the property has an unique shape which places the residence thereon unusually close to the rear property line but which places it a substantial distance from the adjacent residence to the rear; (c) 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 there is no other safe outdoor recreation area to the rear of the residence unless the variance is allowed for the construction of the deck; (d) 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 to the rear has installed a fence which limits view of the deck and noise transition and the deck as proposed will be above the level of any serious flood waters; (e) 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 deck will not be visible from such properties and the sound transmission therefrom will be minimal. 2. The decision of the Planning Commission is hereby affirmed and the rear setback variance for 433 Occidental Avenue V, 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 records of the County of San Mateo. MAYOR 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 21st day of October, 1991, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: BARTON, HARRISON, LEMBI, O'MAHONY, PAGLIARO NONE "_W"40 .�/i W, CITY CLERK/ 3 EXHIBIT "A" Conditions of approval, rear setback variance, 433 Occidental Avenue (effective October 22, 1991) 1. that the project as built shall be consistent with the plans submitted to the Planning Department and date stamped August 7, 1991 with no portion of the 280 SF deck closer than 5' to the rear property line, no portion of the walkway closer than 12' to the rear property line and no portion of the addition to the existing deck closer than 12' to the rear property line; 2. that all decking and railings shall be of redwood and maintained in a safe condition in such a way that they shall not affect the free flow conditions in the creek; 3. that the placement of the supports and framing for the deck shall be inspected by the Building Department to ensure the approved setbacks are met prior to placing the deck surface and railings, and all footings and piers shall be lowered so that they are placed below grade; 4. that the conditions of the City Engineer's August 20, 1991 memo requiring submittal and approval of additional detail and refinements for deck supports and improvements and securing Fish and Game and U. S. Corps of Engineers permits shall be met before a building permit is issued; and 5. that all requirements of the Uniform Building Code and Uniform Fire Code as amended by the City of Burlingame shall be met.