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
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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
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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
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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;
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3. that the placement of the supports and framing for the deck shall
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be inspected by the Building Department to ensure the approved
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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.