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HomeMy WebLinkAboutMin - PC - 1996.05.13CITY OF BURLINGAME PLANNING COMMISSION MINUTES Monday, May 13, 1996 CALL TO ORDER A regular meeting of the Planning Commission, City of Burlingame was called to order by Acting Chairperson Ellis on May 13, 1996 at 7:30 p.m. ROLL CALL Present: Commissioners Coffey, Deal, Galligan, Key and Ellis Absent: Commissioners Mink and Wellford C. Ellis informed the applicants that with two commissioners absent they need to consider the outcome of their request because 5 of 7 Commission members were present. The rules of procedure for the Commission require a quorum (4) affirmative votes to pass a motion on action items. He will ask the question when the agenda gets to the action items. Staff Present: Planner, Leah Dreger; City Attorney, Jerry Coleman; City Engineer, Frank Erbacher; Assistant Fire Chief, Bob Barry MINUTES - The minutes of the April 22, 1996 meeting were approved as mailed. AGENDA - The order of the agenda was approved. ELECTION OF OFFICERS Consistent with the commission's rules of procedure, Acting Chairman Ellis noted that this was the meeting to elect new commission officers for the coming year. The nominations were opened. C. Key nominated C. Ellis for Chairman for the 1996-97 term; C. Galligan moved nomination be closed. C. Ellis was elected Chairman on unanimous voice vote. C. Galligan nominated C. Key for Vice Chairman; C. Galligan moved the nomination be closed. C. Key was elected Vice Chairman on unanimous voice vote. C. Deal nominated C. Mink for Secretary; C. Galligan moved the nominations be closed. C. Mink was elected Secretary on unanimous voice vote. FROM THE FLOOR There were no public comments. ITEMS FOR STUDY There were no study items. -1- Burlingame Planning Commission Minutes May 13, 1996 ITEMS FOR ACTION The applicants were advised that 5 of 7 Commission members were present. The rules of procedure for the Commission require a quorum (4) affirmative votes to pass a motion on action items. The Chair asked if any of tonight's applicants would like to delay their action until a full commission is seated. No applicants asked for a continuance. 1. APPLICATION FOR FOUR SPECIAL PERMITS FOR A SECOND FLOOR ADDITION TO AN EXISTING DETACHED TWO CAR GARAGE AT 835 WALNUT AVENUE, ZONED, R-1, (RUSSELL AND GAIL JACKSON, PROPERTY OWNERS AND APPLICANTS). Reference staff report, 5.13.96 with attachments. Planner Dreger discussed the request, reviewed criteria, Planning Department comments, and study meeting questions. Four conditions were suggested for consideration. C. Ellis opened the public hearing. Russ Jackson, 835 Walnut Avenue presented his project. He was asked if there are any other houses in the area that have garages that -exceed the 15' height limit. He answered in the negative. Robert Louth, 1520 Carol Avenue, spoke in favor of the application. There were no other comments and the public hearing was closed. C. Deal noted this addition above the existing garage is specifically what Council is attempting to regulate and the concern is related to the size of the proposed addition to the accessory structure, 720 SF total where 600 SF is allowed, this does not include the dead space. He then made a motion to deny this application based on the height and possibility the neighboring building at the rear would be rebuilt at some future time. Commission noted that this second story addition exceeds the code requirements, however they are not asking for a sink, toilet, shower or any plumbing. Neighbors were in total support and did not express any concerns about privacy. Motion was seconded by C. Galligan noting there are no other houses in the neighborhood this large and the impact of the house on Newhall will terminate when removed. The vote was 3-2 (C. Coffey and Key dissenting) roll call vote motion was defeated as four affirmative votes are required. Therefore the motion failed, appeal procedures were advised. In the absence of any other motion which does get 4 votes, the project is denied by the lack of any action. 2. APPLICATION FOR SIDE SETBACK AND PARKING VARIANCES FOR NEW CONSTRUCTION AT 211 CLARENDON ROAD, ZONED R-1, (LEWIS AND K. A. SALZMAN PROPERTY OWNERS AND APPLICANTS) Reference staff report, 5.13.96 with attachments. Planner Dreger discussed the request, reviewed criteria, Planning Department comments, and study meeting questions. Three conditions were suggested for consideration. Chm. Ellis opened the public hearing. Lewis Salzman, 211 Clarendon Road was present to answer questions regarding his application. He clarified the use of the room at the rear of the -2- Burlingame Planning Commission Minutes May 13, 1996 garage, where it says existing office. The original assessor's record notes it as a playroom. Commission asked clarification of the plans, old walls vs. new walls, etc. Commission asked if the applicant had considered tandem parking as a mitigation to the variance. Applicant stated he had not since the code didn't recognize tandem parking as legal and because his neighbors expressed a strong interest in not having a carport in front of his garage. Applicant discussed with commission the existing substandard side setbacks and how that setback looks larger because of the placement of the fence. Applicant explained how he could have left his porch off and stayed under 50 % floor area and built the porch a year later, however he wanted to face the problem now and go through construction once. There were no other comments and the public hearing was closed. Commission noted that the existing setbacks were of no concern and it was demonstrated that all family vehicles could be parked on the property, however would have preferred one less accessory structure in the rear yard. C. Deal noted this application does not have a negative impact on the neighbors , he then made a motion to approve these side setback and parking variances, by resolution, with the following conditions: 1) that the project shall be built as shown on the plans submitted to the Planning Department and date stamped May 6, 1996, Two Sheets including drawings V.1, V.2, V.3, V.4 and V.S; 2) that the new trellis structure shall not be increased over 100 SF in area without a special permit from the Planning Commission; and 3) that the project shall meet all the requirements of the California Building and Fire Codes as amended by the City of Burlingame, 1995 edition. Motion was seconded by C. Galligan and passed on a 5-0 voice vote. Appeal procedures were advised. APPLICATION TO RECONFIGURE PARKING AND BALCONY AT 1212 EL CAMINO REAL. ZONED R-3, (JACK KLEIN, PROPERTY OWNER AND APPLICANT). Reference staff report„ 5.13.96, with attachments. Planner Dreger discussed the request, reviewed criteria, Planning Department comments, and study meeting questions. Four conditions were suggested for consideration. Commission discussed the original intent of the original request is not changing. A portion of the remodelling of the carport is the only thing that is changing. The dimension of the garages is not changing, only the fact that one garage will now be uncovered. Code requires 80% of the required parking be covered. This request falls within those guidelines. C. Ellis opened the public hearing. Mr. Yanaga, 1650 Boreal, San Mateo, the project architect and Martin Cloherty, 939 Helen Drive, Millbrae, the builder were present to answer questions. The applicant was not available to respond. There were no other comments and the public hearing was closed. C. Deal moved approval of this application, by resolution, with the following conditions.: 1) that the project shall be built as shown on the plans submitted to the Planning Department and date stamped April 12, 1996, Sheets 1, 2, 3, 4 and 5 and the minimum width of the driveway shall -3- Burlingame Planning Commission Minutes May 13, 1996 be 10'-0" from property line for the length of the building and the new carport. Construction shall not create any obstruction to the maneuvering area at the rear of the lot or access to the adjacent property; 2) that there shall be covered parking spaces 1 uncovered parking space dimensioned to current code requirements and any changes to the carports shall require an additional review by the Planning Commission; 3) that a 36' wall shall be placed between the uncovered parking space and the new at grade patio area and the small room being retained on the second floor shall be improved to meet all the requirements of the California Building and the Fire Code 1995 Edition as amended by the City of Burlingame and if present construction of the room was not done with a permit then a retroactive building permit shall be obtained; and 4) that the entire project shall meet the California building and Fire Code, 1995 Edition as amended by the City of Burlingame. Motion was seconded by C. Key. Chm. Ellis reopened the public hearing to address additional comments from the architect and builder. Commission asked questions pertaining to the basis for retaining the small room. The applicant was not available to respond and the architect and builder were not aware of the owner's reasons. There were no other comments and the public hearing was closed. Commission felt that there had been some discussion about this room with the previous applicant and they felt they should give the property owner the opportunity to explain his reasons. After further clarification by staff about the project C. Deal withdrew his motion, the second was in agreement. C. Galligan then made a motion to continue the application to public hearing on Tuesday, May 28, 1996 so that the applicant could have the opportunity to respond. Motion was seconded by C. Key and passed on a 5-0 voice vote. 4. APPLICATION FOR A SPECIAL PERMIT FOR RETAIL AUTO REPAIR AT 45 STAR WAY, ZONED, M-1, (N. & S. CRISAFI, PROPERTY OWNERS AND WILLIE DAVIS AND RICHARD AMBROSIO. APPLICANTS) CONTINUED FROM APRIL 22, 1996 Reference staff report, 5.13.96, with attachments. Planner Dreger discussed the request, reviewed criteria, Planning Department comments, and study meeting questions. Nine conditions were suggested for consideration. C. Ellis opened the public hearing. Richard Ambrosio, 324 Cedar Avenue, Millbrae, thanked Commission for letting him come back again. He didn't want to be held responsible for the existing parking problem in the area. Commission asked why there were cars in the applicants' parking spaces. The applicant noted that those 5 cars were his and they were put there so that the other businesses could not occupy those spaces. Commission discussed that the information requested from the property owner was the same as in 1993, however there is still a parking problem exemplified in the Fire Marshal's memo. Commission asked City Attorney to look into this situation with the Fire Marshal. There were no other comments and the public hearing was closed. 91 Burlingame Planning Commission Minutes May 13, 1996 C. Galligan moved, based on the information supplied in the packet and provided by the applicant, to approve this special permit application, by resolution, with the following conditions;. 1) that the project shall be built as shown on the plans submitted to the Planning Department and date stamped March 5, 1996, Floor Plan (8'/2" X 11"), and Building Plan (8'/2" X 11") and Overall Site Plan (II" X 11"); 2) that the conditions of the Fire Marshals' February 26, 1996 and April 15, 1996 memos and the Chief Building Inspectors' February 26, 1996 memo shall be met; 3) that the uses at 45 Star Way shall be limited to automobile repair, and paint preparation of automobiles including sanding, but no major auto body work including cutting or welding, or auto body painting shall be allowed; 4) that the business shall be open 8:00 A.M. to 5:00 P.M. Monday through Sunday with a maximum of four employees including the proprietors, on site, at any one time; 5) that no vehicles shall be stored outside the building, and all repairs shall occur inside the building; 6) that all exterior parking spaces shall be available for use at all times and never blocked by inoperable vehicles or used to store operable cars overnight, no cars shall be stored in fire access areas or lanes or on the railroad right-of- way; 7) that any change in use or addition of other related repair activities shall require an amendment to this special permit; 8) that no portion of the tenant space designated as 45 Star Way shall be subleased to another business or activity without amendment to this use permit; and 9) that the use and any improvements for the use shall meet all the requirements of the California Building and Fire Codes 1995 edition as amended by the City of Burlingame. Motion was seconded by C. Coffey and passed on a 5-0 voice vote. Appeal procedures were advised. VIII. PLANNER REPORTS - Planner Dreger reviewed City Council regular meeting of May 6, 1996. - Chairman Ellis thanked C. Key and Mink for their shopping and delivery of the retirement gift to C. Jacobs. IX. ADJOURNMENT The meeting was adjourned at 9:15 p.m. MINUTES5.13 Respectfully submitted, Karen Key, Secretary -5-