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.