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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