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HomeMy WebLinkAboutReso - CC - 129-1986ftpN DZq' 2,a 3�a RESOLUTION NO. 129-86 - 1320-1350 HOWARD RESOLVED, py the CITY COUNCIL of the CITY OF BURLINGN.11E, CALIFORNIA that; WHEREAS, an application for a variance from parking requirements has been requested for that property known as 1320- 1350 Howard Avenue, and WHEREAS, said variance was partially granted by the Planning Commission of this City on September 22, 1986, and WHEREAS, said decision of the Planning Commission was thereafter reviewed and affirmed by this Council on November 3, 1986 as hereinafter more fully set forth. NOW, THEREFORE, it is FOUND, ORDERED and DETERMINED that: 1. That property known as 1320-1350 Howard Avenue was and has been vacant for a period of more than six months and therefore is no longer non -conforming with respect to parking requirements and must therefo e receive a parking variance for any use of the property. 2. A parking variance of 85 spaces was requested by the owner of said property, Roger Miles, for the purpose of allowing 8,000 square feet of restaurant, 11,100 square feet of retail, and 5,062 square feet of office use of said site and thereby providing no on- ite or off-site parking for said uses. 3. After a public hearing, considering the staff report and all comments madE by persons present at this Council's meeting of November 3, 1986, it is the decision of this Council that a parking variance of 65 spaces to allow 19,100 square feet of retail and 5,062 square feet of office use of said property, subject to the cnditions set forth in Exhibit A hereto, shall be granted. 4. This Councii makes the rollowing rinaings wicn regaru to said variance. (a) There are exceptional and extraordinary circumstances applicable to this property since the existing building encompasses the entire site tpon which it stands; access to this property can only be obtained from the street and therefore parking on-site would severely impact the frontage use of the property; a restaur- ant on the site would severely impact the parking in the area as demonstrated by the parking study and would have a detrimental effect on other uses in the area as discussed in the public hearing (b) Such variance is necessary for the preservation and enjoyment of the property right of the owner since under the City's 11/12/86 11 -1- ordinances the must have a var ty has lost its non -conforming status and from parking requirements if the structure is to be used for any use. (c) The granting of the variance will not be detrimental to the public health, safety and welfare or injurious to the property or improvements of other property owners, or the quiet enjoyment of such property or improvements because there are City parking lots within one block of this facility and the 5,062 square feet of office and 19,100 square feet of retail uses allowec are of a lesser parking impact than the previous uses (commercial, recreation, snack bar, retail sales and office)which were allowed on the property at the time of its original construction and previous use. (d) The gr nting of this variance does not adversely affect the comprehensiv zoning plan of the City since retail and office uses are permitt d uses within the C-1 Zoning District, and the previous commerc al, recreation use is no longer permitted in the Zoning District. 5. A cert'fied copy of this resolution shall be recd ed in the official rec rds of San Mateo Cou Mayor I, JUDITHMALFATTI, City Clerk of the City of Burlingame, do hereby certif that the foregoing Resolution was introduced at a regular mee ing of the City Council held on the 17th day of November 1986, and adopted thereafter by the following vote: AYES: COUNCI MEN: AMSTRUP, LY;N 14. PAGZ;IaRO_ NOES: COUNCI MEN: BARTON ABSENT: COUNCI MEN: MANGINI City Clerk -2- Conditions of approval, Parking Variance, 1320-1350 Howard Avenue (effective November 4, 1986) Property owner: Roger D. Miles 38 Stern Grove Court San Francisco, CA 94132 1. that the uses in the ] to 19,100 SF of retai' SF of office on the s( and basement areas sh: any purpose; EXHIBIT "A" uilding at 1320-1350 Howard shall be limited on the first floor (no restaurant) and 5,062 cond floor and that the mechanical penthouse 11 not be used or leased to any tenant for 2. that because of the m'dday impact the variance shall be limited to 65 parking spaces (en ugh for first floor retail and second floor office use, no restau ant) and that this variance shall not extend to expansion of the e isting building or to reconstruction of a new building on this site; 3. that it shall be the roperty owner's responsibility to enforce the use of floor area and failure to do so shall result in review and possible revocation o the parking variance; 4. that the property own r shall develop a master signage program for the entire building approved by the city and implement it through various lease agreeme ts; and 5. that this staff repor and its documentation shall be included as part of the Planning ommission and Council action on this variance.