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HomeMy WebLinkAboutReso - CC - 040-1987RESOLUTION NO. 40-87 RESOLUTION APPROVING VARIANCES - 1209-1221 HOWARD AVENUE RESOLVED, by the CITY COUNCIL of the CITY OF BURLINGAME, CALIFORNIA that; WHEREAS, an application for variances from parking require- ments and dimensions has been requested for that property known at 1209-1221 Howard Avenue, and WHEREAS, said variances were denied by the Planning Commission of this City on March 9, 1987, and WHEREAS, said decision of the Planning Commission was appealed to this Council and partially granted on April 6, 1987 as hereinafter more fully set forth. NOW, THEREFORE, it is FOUND, ORDERED and DETERMINED that: 1. The building known as 1209 Howard Avenue was built in approximately 1965 for the specific use as an auction studio, having received a use variance therefore. The use of the buildinc as an auction studio ceased at least two years ago, and said building has remained vacant since that time. 2. An application was filed requesting a variance of 14 parking spaces and the reduction in dimension of 13 of 14 parking spaces to be provided on the adjacent property known as 1221 Howard, thereby allowing retail use of the first floor of 1209 Howard and office use of the second floor of 1209 Howard. 3. After a public hearing, consideration of the staff report and all comments made by persons present at this Council's meeting of April 6, 1987, it is the decision of this Council that a parking variance of 14 spaces and the dimensional variances of the 13 spaces as set forth in the application shall be granted subject to the conditions set forth in Exhibit A hereto, provided that all of the first floor shall be used for retail purposes and 3500 feet of the second floor may be used for office purposes, the remainder to be used only for storage. 4. 'Phis Council makes the following findings with regard to said variance. (a) There are exceptional and extraordinary circumstances applicable to this property since the existing building encompasses the entire site upon which it stands; and therefore parking on-site cannot be provided without severe alteration of the buildin ; but allowing office use of the entire second floor would have an adverse impact on parking and other premises in the area. (b) Such variance is necessary for the preservation and enjoyment of the property right of the owner since under the City's 4/7.4/87 11 -1- Drdinances the property has lost its non -conforming status and nust have a variance from parking requirements if the structure is to be used for any use. (c) The granting of the variance will not be detrimental =o the public health, safety and welfare or injurious to the Droperty or improvements of other property owners, or the quiet :njoyment of such property or improvements because there are City )arking lots within one block of this facility and because the applicant is providing parking to mitigate some of the building _mpact; smaller dimensions are appropriate since the parking will b ised only by tenants of 1209 Howard. (d) The granting of this variance does not adversely affect :he comprehensive zoning plan of the City since retail and office ises are permitted uses within the C-1 Zoning District. 5. It is further directed that a certified copy of this resolution be recorded in theo f al rec rof ateo Couni Mayor I, JUDITH A. 11ALFATTI, City Clerk of the City of rlingame, do hereby certify that the foregoing Resolution was troduced at a regular meeting of the City Council held on the 20th day of April ,1987, and adopted thereafter by the ollowing vote: ES: COUNCILMEN: AMSTRUP, BARTON, LEMBI, MANGINI, PAGLIARO ES: COUNCILMEN: NONE SENT: COUNCILMEN: NONE �_�� City CleyV -2- EXHIBIT "A" Conditions of approval, parking variance and variance to parking dimensions, 1209-1221 Howard Avenue (effective April 7, 1987) Property owner: India Club, Inc. 2 West Clay Park San Francisco, CA 94121 (APN 029-224-040/030) 1. that the conditions of the Fire Marshal's December 2, 1986 memo, the City Engineer's December 4, 1986 and March 3, 1987 memos and the Chief Building Inspector's December 8, 1986, December 29, 1986 and March 3, 1987 memos shall be met; 2. that the lots at 1209 and 1221 Howard Avenue shall be merged before a building permit shall be issued to commence remodeling or renovation of the structure at 1209 Howard; 3. that the city shall have the right of vehicle access from Howard Avenue over the property now called 1221 Howard Avenue to the city parking lot; 4. that it shall be the property owner's responsibility to enforce the use of floor area and the failure to do so shall result in review and possible revocation of the parking variance; 5. that the property owner shall develop a master signage program for the entire building approved by the city and implement it through various lease agreements; 6. that the project shall consist of 4,658 gross square feet of retail on the first floor and 3,500 gross square feet of office use on the second floor, the remainder of the second floor area (1,224 gross square feet) to be used for.storage related to the uses in the building, and at least 14 paved at -grade parking spaces as shown in the diagram date stamped February 24, 1987 as amended March 5, 1987 as approved by the City Engineer and landscaping as approved by the Parks Department prior to installation with the area maintained by the property owner; 7. that the retail and office uses allowed on the site shall be limited to those allowed in the C-1 zone, Sub Area B, as periodically amended except that restaurant uses, banks, financial institutions, real estate and insurance offices shall not be allowed because of the parking and traffic impact in this congested area and the dimensions of the parking spaces provided in the on-site parking lot; 8. that the on-site parking lot shall be signed for private parking and restricted to use by tenants in the building. 9. that a fence shall be built and maintained along the rear property line to control vehicular and pedestrian traffic across this site until the city determines that it shall be removed; 10. that the facts in the March 9, 1987 and April 6, 1987 staff reports shall be included as a part of the Council action on this variance; and 11. that this variance shall not extend to the expansion of the existing building or to reconstruction of a new building on either parcel or the merged parcels.