HomeMy WebLinkAboutReso - CC - 129-1986ftpN DZq'
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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.