HomeMy WebLinkAbout2810 Tiburon Way - Staff ReportSTAFF
REPORT
CITY OF B URLING"E
Hillside Area Construction Permit, Side Setback and Lot Coverage Variances
Address: 2810 Tiburon Way
Meeting Date: 9/ 14/98
Requests: Hillside area construction permit (CS 25.61.020), side setback variance (6'-0"
proposed, 7'-0" required) (C.S. 25.28.072, 3a) and lot coverage variance (44.2%
proposed, 40% maximum allowed) (25.28.071) for a first floor addition and remodel
at 2810 Tiburon Way, zoned R-1.
Applicant: John L. Stewart, AIA APN: 025-031-060
Property Owner: Mitra Morshed-Bergloff
Lot Area: 8,000 SF (80' x 100')
General Plan: Low Density Residential Zoning: R-1
Adjacent Development: Single Family Residential
CEQA Status: Article 19. Categorically Exempt per Section: 15301 Class 1 - (e) additions to
existing structures provided the addition will not result in an increase of more than 50% of the
floor area of the structures before the addition.
Requests for this project:
The applicant, John Stewart, is requesting a hillside area construction permit, side setback and lot
coverage variances for a first floor addition and remodel at 2810 Tiburon Way, zoned R-1. The
proposed addition and remodel will increase the house from four to five bedrooms. The applicant
is requesting the following:
1) Hillside Area Construction Permit for a 483 SF first floor addition and 571 SF crawl space
remodel (C.S. 25.61.030).
2) Side setback variance to extend an existing first floor wall (6'-0" proposed where 7'-0" is
required) .
3) Lot coverage variance for 44.2% (3,542 SF) where 40% (3,200 SF) is the maximum allowed.
History:
In June, 1998 the applicant applied for a hillside area construction permit and two minor
modifications to extend an existing first floor wall with a 6'-0" side setback and to allow 40.8%
lot coverage. This application included the removal of an existing 271 SF uncovered deck at the
rear of the house and a portion of the front covered porch (58 SF) in order to reduce the lot
coverage so that it would qualify as a minor modification. After receiving a notice, a concerned
neighbor called the project up for review by the Planning Commission.
Since then, the applicant has revised the project and decided to retain the existing deck and front
covered porch, bringing the total lot coverage to 44.2% (3,542 SF) where 40 % maximum allowed
(including the addition at the rear of the house).
Hillside Area Construction Permit, Side Setback and Lot Coverage Variances 2810 Tiburon Way
Planning staff would note that a 42.8 % lot coverage variance for a similar first floor addition in
the same location on the site was approved in January, 1982 (P.C. Minutes January 11, 1982).
The project included adding a bedroom. This addition was never built.
Summary: The applicant is requesting a hillside area construction permit, side setback and lot
coverage variances to add a bedroom and bathroom on the first floor (483 SF) and remodel an
existing crawl space to living area (571 SF) at 2810 Tiburon Way, zoned R-1. The proposed first
floor addition and crawl space remodel would bring the total floor area of the house to 3,803 SF
(.48 FAR) (including the garage and covered porch). The crawl space remodel would include
adding a recreation room (considered a potential bedroom), bathroom and laundry area (571 SF).
The addition and remodel increases the number of potential bedrooms from four to five. Two
covered parking spaces 19'-8"W x 20'-0"D are provided.
Lot coverage would be increased to 3,542 SF (44.2%), which includes covered porches and
uncovered decks which exceed 30" in height above adjacent grade. A lot coverage variance is
required for 44.2 % where 40 % is the maximum allowed. A side setback variance is required for
6' -0" (7' -0" required) to extend an existing wall. The main floor will have a kitchen,
dining/living room, family room, four bedrooms, three bathrooms and an attached double car
garage. The proposed height to ridge is 2l'-5" as measured from average top of curb (-7'-3") and
is below the existing roof height. The lot slopes downward from left to right approximately 9'-0"
(11.25 %). The proposed addition is on the high side and is single story along the left side of the
property. Two trees, 8.5" and 12" in diameter, would be removed for the bedroom addition at
the rear.
The existing four bedroom (four rooms qualify as potential bedrooms), two bathroom house is
2,788 SF (including the existing front porch and attached garage). This project does not meet the
definition of New Construction (addition is only 37.6 % of the existing gross floor area where 50 %
qualifies a project as New Construction) and Floor Area Ratio does not apply. The addition and
remodel will increase the number of potential bedrooms in the house from four to five. Two
covered (18' W x 20' D) and one uncovered (9' W x 20' D) off-street parking spaces are required.
The existing double car garage has a 19'-8"W x 20'-0"D clear interior dimension which meets the
parking requirement. All other zoning code requirements have been met.
14
Hillside Area Construction Permit, Side Setback and Lot Coverage Variances
*Side Setback (L):
Rear Setback (1st)
*Lot Coverage:
Building Height:
# of Bedrooms:
Parking:
*6' -0"
15' -0"
*44.2 %
(3,542 SF)
21'-5"
5
no change
6' -0"
28'-0" to deck
38.2%
(3,059 SF)
22'-1"
4
2 covered
(19'-8"W x 20'D)
1 uncovered
(9' x 20' )
New Construction: no no
*H.A.C.P.: Requires Hillside Area Construction Permit
Declining Height: n/a
Accessory Structures: none
Fences/Hedges: no proposed
Trees: 8.5" and 12" trees to be removed.
2810 Tiburon Way
KIM 51 1 1 1
7' -0"
15' -0"
40 %
(3,200 SF)
30' -0"
see code
2 covered
(18'W x 20'D)
1 uncovered
(9' x 20' )
see code
* Hillside area construction permit, side setback and lot coverage variances required.
Staff Comments:
The City Engineer in his June 15, 1998 memo notes that roof drainage shall be directed to the
street. The Building Official and Fire Marshal had no comments. Planning staff would note that
A.C. "Bud" Harrison, consultant for Mr. Cipolla (property owner at 2814 Tiburon Way),
submitted a letter (dated August 19, 1998) requesting the applicant install story poles. He believes
the addition will affect Mr. Cipolla's distant views. The letter notes that each Commissioner is
invited to visit Mr. Cipolla's residence anytime on September 11, 12 or 13 to consider the effect
of the proposed addition on views. Please call before making a site visit (phone number provided
in letter).
Study Meeting:
At their meeting on August 24, 1998 the Planning Commission requested that story poles be
installed so that the Commission and neighbors can see the effect of the addition may have on
views (P.C. Minutes August 24, 1998). Planning staff would note that the applicant has been
informed that story poles should be installed no later than Thursday, September 10, 1998. The
Commission asked what would need to be done to reduce the lot coverage to 40 % . In a written
response dated September 1, 1998 the property owner notes that the majority of the uncovered
deck at the rear of the house may be removed to reduce the lot coverage. If the entire uncovered
deck (271 SF) were removed, lot coverage would be reduced to 40.8% (3,271 SF). The applicant
notes that the front covered porch can also be removed to reduce lot coverage, but removal of the
covered porch would alter the appearance of the front of the house.
1
Hillside Area Construction Permit, Side Setback and Lot Coverage Variances 2810 Tiburon Way
The Commission also asked what is unusual about the family which requires two master bedroom
suites and two family rooms. The applicant notes that there are six children in the family and
more living space is needed to accommodate them. The second master bedroom is an extension
of the existing bedroom and bathroom. The room on the lower floor provides a recreation area
for the children. The applicant notes that two of the children have special needs.
Required Findings for Hillside Area Construction Permit:
Review of a hillside area construction permit by the Planning Commission shall be based upon
obstruction by construction of the existing distant views of nearby properties. Emphasis shall be
given to the obstruction of distant views from habitable areas within a dwelling unit (Code Sec.
25.61.060).
Required Findings for Variance:
In order to grant a variance the Planning Commission must find that the following conditions exist
on the property (Code Section 25.54.020 a-d):
(a) there are exceptional or extraordinary circumstances or conditions applicable to the property
involved that do not apply generally to property in the same district;
(b) the granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant, and to prevent unreasonable property loss or
unnecessary hardship;
(c) the granting of the application will not be detrimental or injurious to property or
improvements in the vicinity and will not be detrimental to the public health, safety, general
welfare or convenience; and
(d) that the use of the property will be compatible with the aesthetics, mass, bulk and character
of existing and potential uses of properties in the general vicinity.
Planning Commission Action:
The Planning Commission should hold a public hearing. Affirmative action should be taken by
resolution and should include findings for variances (side setback and lot coverage) and hillside
area construction permit. The reasons for any action should be clearly stated. At the public
hearing the following condition should be considered:
1. that the project shall be built as shown on the plans submitted to the Planning Department
and date stamped August 14, 1998, Sheets Al, A2, A3, A4, A5 and A6 with a maximum
roof ridge height of 21'-5" as measured from average top of curb [elevation (-7'-3")];
2. that any changes to the footprint, building height, window placement or building envelope
shall require an amendment to this Hillside Area Construction Permit; and
0
Hillside Area Construction Pennit, Side Setback and Lot Coverage Variances 2810 Tiburon Way
3. that this project shall meet all the requirements of the California Building and Fire Codes,
1995 Edition, as amended by the City of Burlingame.
Ruben Hurin
Zoning Technician
c: John Stewart, applicant/architect
CALL TO ORDER
order at 7: (16t
ROLL CALL
Present:
Absent:
SVff Present:
STUDY ITEMS
REGULAR PLANNING COMMISSION MEETING
August 24, 1998
7:00 P.M.
Council Chambers
called the August 24, 998, regular meeting of the 1,
.m. �
Commissioners Bojues, Key, Luzuriaga,
Commissioners Coffey and Keighran
Commission to
Vistica kd Deal
\Themi
er, Meg Monroe;'`gity Attorney, Larry Anderson;
eer, Frank Erbacher�ire Marshal, Keith Marshall
s of the August 10, regul meeting of the Planning
n were unanimously approv
The order of lt\e agenda was approved
There were no public comments.
CATION FOR FRONT SETBACK, PARKING AND DECLINING HEIGHT
LOPE VARIANCES FO FIRST AND SECOND ST Y ADDITION SUBJECT TO
'N REVIEW AT 508 HO RD AVENUE, ZONED 1. (PETER W. & JANE
CP Monroe viewed the staff report and p'*Nect and the commissioners a ed: does the garage
door have an tomatic door opener; the ph ttograph included by the app ' ant shows a VW
parked in the g e, when made site visit saw`a VW parked on the street un er a cover, is it
the same vehicle a do they park it in the garage.' ,There were no other question and the item
was set for public he mg on September 14, 1998.
APPLICATION FOR HILLSIDE AREA CONSTRUCTION PERMIT AND VARIANCES FOR
/ SIDE SETBACK AND LOT COVERAGE AT 2810 TIBURON WAY, ZONED R-1. (JOHN
%\ L. STEWART, AIA, APPLICANT AND MITRA MOR SHED-BERGLOFF, PROPERTY
OWNER)
CP Monroe reviewed the staff report and project and the commissioners asked: story poles
should be installed so that they and the neighbors can see the effect on views; asking 44 % lot
coverage, what would need to be done to reduce the lot coverage to 40%; why does the house
-1-
City of Burlingame Planning Commission Minutes August 24, 1998
include two master bedroom suites and two family rooms, what is unusual about the family
which requires this. There were no further questions and the item was set for public hearing
on September 14, 1998.
APPLICATION FOR CONDOM IUM PE"
EL C INO REAL, ZONED R- (DALE
MEHDI ND DEBRA K. SHAHMI A PR(
and
APPLICATIO OR A TENTATIVE COND
CONDOMINIU PROJECT AT 1424 EL CA.
ASSOCIATES, OR
' ICANT AND MEHDI
FOR A 3- IT CONDOMINIUM AT 1424
EYER ASSO IATES, APPLICANT AND
lUM MAP FOR A 3- T RESIDENTIAL
O REA , ZONED R-3. (DALE MEYER
DEBRA . SHAHMI PROPERTY
CP Monroe reviewed the ff report and project and th commissio ers asked: in th previous
review of the project the co ission asked that the buildi be move to the rear and a guest
parking placed more visibl\ea
the front, why does the evised pr 'ect not includ this;
Coll
o cerned about delivery vehow will they enter and exi the site; t cantilever see to
push,, he maximum possible ahave the building stand, sho docume tion that it can e
built,\eb
parking be ade 'n another manner which 11 reduce e extent of th
cantiln there be a bdesi approach to mitigate the ntilever; the previous
applice bulk of the buwas issue that the commission a ed to be dressed, did
reducber of units four to t e but increased the size of ch of the nits so the
buildim st to its previze, can th bulk of the structure be re ced; since here has
been ig ighborhooern about th capacities and direction of ow of stowater
and ss the relate to capacities, uld that be explained before the comm' sion
hears ighbors 'n the aThe item was se for public hearing on September 14, 1 8,
assumall the q stiobe addressed in t e.
APPLICATION FOR 1]D RKING VARIANCE ASPECIAL PERMIT FOR A
HIROPRACTIC OFFICE T 1201 HOWARD AV'NU E, ZONED C-1, SUBAREA B.
(B RLINGAME CHIROPRA TIC, APPLICANT ANDO1 HOWARD AVENUE LLC,
PROPERTY OWNER)
CP Mo e reviewed the staff report d project and the commissioners asked: the application
indicates a aximum of 5 people on site tone time, how was that number arrived at when the
maximum pe le per day is 12. There w e no other questions and the item was set for public
hearing on Sep mber 14, 1998.
-2-
X
Burlingame Planning Commission Minutes
Page 2
January 11, 1982
City; Mrs. Louise Knight merely wanted to confirm that drainage was__, -not--
an issue in this application. Discussion by Commissioners,.included:
why original plans could not be followed; reason,..why--20a slope is used
as a review line.
C. Graham moved to �11ear"a �25 % maximum slope on this site. Seconded by
C. Mink; Matlrm dpproved by unanimous roll -call vote, C. Harvey absent.
8pgea-1-procedures were advised.
2. VARIANCE TO ALLOW AN ADDITION TO A HOME AT 2810 TIBURON WAY WHICH
WILL EXCEED THE MAXIMUM 40% LOT COVERAGE PERMITTED BY CODE SEC. 25.66.010.
ACP Monroe reviewed this revised application to allow 42.8% lot coverage
for a home at 2810 Tiburon Way. Reference staff report dated January 5;
Project Application and CEQA Assessment accepted by staff 1/4/82; January
4 memo from the City Engineer; December 30 memo from the Chief Fire
Inspector; December 30 memo from the Chief Building Inspector; December
28 letter from Dr. and Mrs. Donald Odone; aerial photograph of the site;
and plans for the addition date -stamped December 28, 1981. CP Monroe
clarified Commission questions regarding specific code requirements for
determination of lot coverage, multiple -unit dwellings in the R-1 district
and minimum lot size.
Dr. Donald Odone was present. There were no public comments in favor of
the application. John Armanino, representing Vito Cipolla at 2814
Tiburon Way, expressed his client's concerns regarding view obstruction
and debris from a proposed fireplace in the addition. Chm. Jacobs
clarified that a gas jet would be installed in the proposed fireplace.
Commission discussion included: the variation in grade between 2810 and
2814 Tiburon Way and the common fence between properties; maximum roof
height of the addition will be below existing roof height; clarification
of the exceptional circumstances for this application; a second story
addition would be less accessible from the interior and would create an
even greater view obstruction; elimination of the rear -yard decks would
permit this addition without a variance but the decking is necessary to
create useable area because of steep slope in the rear yard area.
C. Graham moved to approve the request based on the findings that there
are exceptional circumstances due to the fact that it would be unreason-
able to require removal of the rear yard decks since the slope of the
lot prevents access to the rear yard area by any other means, that the
addition is reasonable for the further enjoyment of the applicant's
property, that the granting of the variance will not be detrimental to
the adjacent properties nor would it adversely affect the zoning plan of
the City. Second C. Cistulli; motion approved by unanimous roll -call
vote, C. Harvey absent. Appeal procedures were advised.
3. SPECIAL PERMIT FOR THE EXPANSION OF OFFICE SPACE AT 800 AIRPORT
BOULEVARD
CP Monroe reviewed this revised application to allow the expansion of
office space at 800 Airport Boulevard, Four Seas Center, by 11,814 SF.
Reference staff report dated January 5, 1982; Revised Project Assessment
and CEQA Assessment accepted by staff 12/29/81; memo from the City
TO: PLANNING COMMISSION
BURLINGAME
RE: 2810 TIBURON WAY
MITRA MORSBEMBERGLOFF
2810 TIBURON WAY
BURLINGAME, CA.
To whom it may concern,
Vr
SEP ` 1 1998
CITY CI` SURUNGANIE
PLANNING DEPT.
In response to the question regarding the 44% lot coverage, this includes the rear 1 Oft. by 18ft. uncovered
deck and the front covered porch. We have six children so we need as much square footage as possible.
The downstairs includes a laundry room which was moved there without permits by the previous owner.
The upstairs bedrooms are also very small. If it is necessary we can remove the majority of the rear deck,
which would drop the percentage. We would like to keep the front porch over hang, because it would
change the look of the front of the home.
In response to the question regarding the second master bedroom, which is very small. We again have a
very large family and we need other rooms. The second master bedroom is just an extension of the
bathroom and bedroom that was already originally there. This room also takes advantage of the beautiful
views. Regarding the downstairs family room. This is just an extension of the laundry room to provide a
recreation room for the many children in our family. Two of the children have special needs.
If there any questions please feel free to call at 593-6194.
Sincerely,
Mitra Morshed\Bergloff
CITY AME lb� RECEIVED
BURUNG, „ II 11 OF BU ULMAU`! E
VAMANCE APPMAMNS JUN 111998
CITY OF BURLINGAME
The Planning Commission is required by law to make findings as defined by *%IQt §Dq-Fdinance
(Code Section 25.54.020 a-d). Your answers to the following questions will assist the Planning
Commission in making the decision as to whether the findings can be made for your request.
Please type or write neatly in ink. Refer to the back of this form for assistance with these
questions.
a. Describe the exceptional or extraordinary circumstances or conditions applicable to your
property which do not apply to other properties in this area.
The lot is unusual as it slopes side to side rather steeply. A variance for lot
coverage would not be required if the additions were contained in a new second
story; however, the view bf the uphill neighbor tothe left of the home would be
blocked. This project requires a Hillside Area Permit which requires protection
of views. It is for this reason that we have designed the additions for the main
level and basement area; however, this requires a variance for lot coverage.
b. Explain why the variance request is necessary for the preservation and enjoyment of a
substantial property right and what unreasonable property loss or unnecessary hardship
might result from the denial of the application.
If this variance were not granted, this home would be smaller than other homes in
the neighborhood. L
C. Explain why the proposed use at the proposed location will not be detrimental or injurious
to property or improvements in the vicinity or to public health, safety, general welfare, or
convenience.
The variance is to allow the existing rear deck and the roof over the entry to remain.
This will not have any effect on the neighbors. Normally decks and front entrys would
be .,within 18" of the ground and not count towards lot coverage. Due to the steepness
of the lot, these existing areas were constructed at a higher level and count towards
lot coverage.
d. How will the proposed project be compatible with the aesthetics, mass, bulk and character
of the existing and potential uses on adjoining properties in the general vicinity?
The existing rear deck and the roof over the entry are existing. They fit into
the arghitecture of the home and the neighborhood.
12/92 ver.frm
A. C. BUD HARRISON
August 19, 1998
Burlingame Planning Commissioners.
City Hall
Dear Commissioners:
376 Lexington Way, Burlingame, CA 94010
Phone (650) 344-6851, Fax (650) 344-6852
email: buddeel3@pacbell.net
1 � EC E
AUG 2 01998
CITY OF BURLINGAME
PLANNING DEPT.
s
i
Mr. Vito Cipolla, who lives at 2814 Tiberon Way, called up the addition to 2810 Tiberon
Way for review.
Mr. Cipolla is requesting that at your study session on August 24th, you request that
the applicant erect "story poles" indicating the height and area that the addition will
encompass.
It is our contention that the addition obstructs Mr. Cipolla's distant views as specified in
Code Section 25.61.060 (Review Criteria).
Each Commissioner is invited to visit Mr. Cipolla's residence anytime on September 11th,
12th or 13th to observe "obstruction" for yourself; please phone prior to coming: 697-
4541.
Thank you for your consideration in this matter.
Sincerely,
r P �S, r
A. C. "Bud" Harrison
Consultant
[6uddee2budOudhead] August 20, 1996
o
E
A0
s-
CITY OF BURLINGAME
fBCUR�LINJGiAM�E� PLANNING DEPARTMENT
501 PRIMROSE ROAD
BURLINGAME, CA 94010
TEL: (650) 696-7250
'2810 Tiburon Way
APN:025-031-060
Application for a hillside area construction PUBLIC HEARING
permit and variances for side setback and lot NOTICE
coverage for a first floor addition at 22810
Tiburon Way, zoned R—l.
The City of Burlingame Planning Commission
announces the following public hearing on
Monday, September 14, 1998 at 7 : 00 P.M. in t h e
Ca y Hall UOUncilam ers located at 501
Primrose Road, Burlingame, California.
Mailed September 4, 1998
(Please refer to other side)
A copy of the applic,
to the meeting at
Burlingame, Califori
If you challenge the,'
raising only tho ss
described in th otr
at or prior tp ut
5s
Property owners w7c
tenants about this;_ i
696-7250. qo'
Margaret Monr
City Planner
CITY OF B URLINGAME
and plans for this project may be reviewed prior
Manning Department at 501 Primrose Road,
A application(s) in court, you may, be limited to
ou or someone else raised at the p ubli h
c eanng,
,in written correspondence delivered to the city
raring
(Please refer to other side)
le for inforn ing their
ease call (650)
ICE
i