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HomeMy WebLinkAbout125 Crescent Avenue - Staff ReportJ- P.C. 5/8/89 Item # S MEMO TO: PLANNING COMMISSION FROM: PLANNER SUBJECT: VARIANCES TO PARKING AND SIDE YARD SETBACK FOR AN ADDITION AT 125 CRESCENT AVENUE, ZONED R-1 Terrence Freethy is requesting variances to parking and side yard setback in order to make a 1,334 SF family room and bedroom second story addition to the house at 125 Crescent Avenue, zoned R-1. Total number of bedrooms on the property will increase from 3 to 5 (one of which will be used as an office). Currently there is a one -car garage (91-6" x 241) on the property. The applicant plans to add a 16' x 12, extension to the rear of this garage to provide for a 40' deep tandem parking area. A parking variance is required because the code requires two side by side parking spaces (Code Section 25.70.030 a). A variance to side yard setback is required for this garage extension since it will have a 3'-4" side setback where 51 are required (Code Section 25.66.050). Y The existing house consists of 2,536 SF on the first floor with an attached 228 SF garage and an existing 644 SF second floor for a total area of 3,408 SF. A 143 SF garage extension will be added on the ground floor and 1,334 SF on the second floor, for a total addition .of 1,477 SF. The new house with garage would be 4,885 SF, or 43% larger than the existing house. Currently there is an existing non -conforming studio apartment on this property which will be integrated into the rest of the house and converted into a fourth bedroom. Staff Review City staff.have reviewed this request and had no comments. Planning staff would note that this project isa redesign and has been submitted in response to the City Council denial without prejudice of an earlier proposal for a parking variance (P.C. March 27, 1989 and CC April 17, 1989 minutes included in packet). In his earlier proposal the applicant was requesting a parking variance in order to use the existing garage and 69, long driveway to satisfy the requirement for two covered parking spaces on the property. At their April 17, 1989 meeting, the City Council denied the project without prejudice and directed the applicant to return to the Planning Commission with plans to provide for two covered parking spaces on the property. Applicant's Letter In his letter date stamped April 28, 1989 the applicant notes that in accordance with the City Council's request they have redesigned the project to provide two covered parking spaces on the property. The project involves the addition of an office and family room to the house as well as the conversion of a non- conforming second unit into a fourth bedroom. The proposed garage extension satisfies the requirement for two on -site covered parking spaces and maintains the attractiveness of the property. -2- Findings for a 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; (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 on this project. Affirmative action should be taken by resolution and findings should be made for each of the variance requests. The reasons for any action should be clearly stated. At the public hearing the following conditions should be considered: 11. that the project as built shall be consistent with the plans submitted to the Planning Department and date stamped April 20, 1989; 2. that the existing studio apartment shall be converted to a fourth bedroom and the existing kitchen and bath shall be removed and this property shall be used for only one dwelling unit in the future; and 3. that the project shall be designed to meet all Fire and Building Code requirements. Adriana Garefalos Planner cc: Terrence and Barbara Freethy Arline Castleberry PROJECT APPLICATION /t'CITY O., 125 CRESCENT AVENUE Er CEQA ASSESSMENT BURuNg ME project address b...o' ..,�• project name - if any Application received ( 4-20-89 ) Staff review/acceptance ( ) I. APPLICANT Terrence Freethy 347-6950 PROJECT IS A RESUBMITAL IN name telephone no. RESPONSE TO A PARKING VARIANCE 125 Crescent Avenue, Burlingame, CA 94010 REQUEST WHICH WAS DENIED WITHOUT applicants address: street, city, zip code PREJUDICE BY THE CITY COUNCIL AT contact person, if different telephone no. THEIR APRIL 17, 1989 MEETING. 2. TYPE OF APPLICATION Special Permit ( ) Variance* ( X) Condominium Permit ( ) Other *Attach letter which addresses each of the 4 findings required by Coe Chapter 25.54. 3. PROJECT DESCRIPTION Variances to Parking and Side Yard Setback for the addition of a 1,334 SF second story which will consist of a bedroom (to be used as an office) and a family room. Total number of bedrooms on the property will increase from 3 to Currently there is a one -car garage on the property - x The app scants plan to aCC a x extension to the rear of this garage to provide for a 0deep tandem par Ing area. A variance to side yard setback is required for this garage extension since it will have a - side setback where are required. There is currently an existing non -conforming studio apartment on this property which will be converted into a fourth bedroom and (attach letter of explanation if additional space is needed) integrated into the main Ref. code sectioil (25.70.030-a) ( 25.66.050 ) residence as part of thi 4 PROPERTY IDENTIFICATION project. (028-293-080 ) ( 8 ) ( 7 ) ( Burlingame Park No. 2 ) APN lot no. block no. subdivision name ( R-1 ) ( 8,223 ) zoning district land area, square feet Terrence Francis Freethy and 125 Crescent Avenue land owner's name Barbara Ann Freethy ad res Burlingame, CA 94010 Required Date received city zip code (yes) (no) ( — ) Proof of ownership (yes) (no) Owner's consent to application Existing first floor = 2,536 SF Existing garage = 228 SF Existing second story = 644 SF New second story = 1,334 SF New Garage Extension = 143 SF 5. EXISTING SITE CONDITIONS Three bedroom house with an existing nonconforming studio _apartment upstairs. The existing garage is attached to the house and measures 9'-6" x 241. Required Date received (yes) (ems) (4 - 2 0 — 8 9 ) Site plan showing: property lines; public sidewalks and curbs; all structures and improvements; (yes) (1f6.) ( " ) paved on -site parking; landscaping. Floor plans of all buildings showing: gross floor area (yes) (:n a) ( " by type of use on each floor plan. Building ) (Fes) (no) ( — elevations, cross sections (if relevant). Site ) cross section(s) (if relevant). (other) ( .-2� g�� letter of explanation *Land use classifications are: residential (show # dwelling units); office use; retail sales; restaurant/cafe; manufacturing/repair shop; warehousing; other (to be described). 6. PROJECT PROPOSAL NEW CONSTRUCTION Proposed construction, Below orade ( — SF) Second floor ( 1,3 3 4 SF) gross floor area First floor ( 143 SF) Third floor ( — SF) Project Code Project Code Proposal Rea uirrmsnt Proposal Rea uirement Front setback Side setback Side yard Rear yard 32'-6" 15' min_ Lot covera;se Puildinn height , Landscaoed area 'r �! to nkc .snaces 34% 40% max. 30' 30' max. - — 12 (tandem) 2 _ _ --IT -4 5' 1St fl 44' 1 15' min l 6 PROJECT PROPOSAL (continued) 7 EXISTING after 8-5 5 PM Full time employees on site Part time employees on site Visitors/customers (weekday) Visitors/customers (Sat.Sun.) Residents on property Tri n ends to/from site* Peak hour trip ends* Trucks/service vehicles IN 2 YEARS after 8-5 5 PM IN 5 YEARS after 8-5 5 PM Show calculations on reverse side or attach senarate sheet. ADJACENT BUSINESSES/LAND USES Residential uses on all adjacent lots• this use conforms to the General Plan. Required Date received (Y:L-6) (no) ( - ) Location plan of adjacent properties. (ym) (no) ( _ ) Other tenants/firms on property: no. firms ( ) - no. employees ( ) floor area occupied ( SF office space) ( SF other) no. employee vehicles regularly on site ( ) no. company vehicles at this location ( ) 8. FEES Special Permit, all districts $100 ( ) Other application type, fee $ Variance/R-1,R-2 districts $ 40 (X ) Project Assessment $ 25 (X Variance/other districts $ 75 ( ) Negative Declaration $ 25 Condominium Permit $ 50 ( ) EIR/City & consultant fees $ ( ) This project was denied wit'nout TOTAL FEES $ 65.00 RECEIPT NO. 4994 Received by K. Mills prejudice at the April 17, 1989 I hereby certify under penalty of perjury that the information given herein is City Council meeting. No true and correct to the best of my knowledge and belief. additional fees required. l Signature o�sNlk� 77�A Date Applicant — STAFF USE ONLY NEGATIVE DECLARATION File No. The City of Burlingame by on 19_, completed a review of the proposed project and determined that: ( ) It will not have a significant effect on the environment. ( ) No Environmental Impact Report is required. Reasons for a Conclusion: Categorically exempt, reference CEQA Code Section 15301 (e), additions to existing structures SIgrVture of Processing Official tle Date Signed Unless appealed within 10 days hereof the Hate oosted, the determination shall be final. DECLARATION OF POSTING Date Posted: I declare under penalty of perjury that I am City Clerk of the City of Burlingame and that I posted a true copy of the above Negative Declaration at the City Hall of said City near the doors to th> Council Chambers. Executed at 3urlingame, California on Apoealed: ( )Yes ( )No , 19 ,1l1DrTH '� t1TTI. CITY CLERK, CIT`, n' GURLINGAME STAFF REVIEW I. CIRCULATION OF APPLICATION Project proposal/plans have been circulated for review by: date circulated reply received memo attached City Engineer (4-24-89 ) (yes) (no) (yes) (no) Building Inspector ( it ) (yes) (no) (yes) (no) Fire Marshal ( " ) (yes) (no) (yes) (no) Park Department ( ) (yes) (no) (yes) (no) City Attorney ( ) (yes) (no) (yes) (no) 2. SUMMARY OF STAFF CONCERNS/POSSIBLE MITIGATION MEASURES Concarnc M,+; �+; M 3 Does this project comply with all Fire and Building Code requirements? Request comments from the Fire Marshal and Chief Bmilding Inspector. CEQA REQUIREMENTS If a Negative Declaration has not been posted for this project: Is the project subject to CEQA review? Categorically Exempt IF AN EIR IS REQUIRED: Initial Study completed ( ) Study by P.C. Decision to prepare EIR ( ) Review period ends Notices of preparation mailed ( ) Public hearing by P.C. { RFP to consultants ( ) Final EIR received by P.C. Contract awarded ( ) Certification by Council Admin. draft EIR received ( ) Decision on project Draft EIR accepted by staff ( ) Notice of Determination Circulation to other agencies ( ) 4. APPLICATION STATUS Date first received ( 4-20-89 ) Accepted as complete: no( ) letter to applicant advising info. required ( } Yes( ) date P.C. study ( ) Is application ready for a public hearing? (yes) (no) Recommended date ( ) Date staff report mailed t applicant (5 1 3/S-Ct) Date Commission hearing (Sf 9;A g ) Application approved ( Denied ( ) Appeal to Council (yes) no Date Council hearing ( ) Application aporoved ( ) Denied ( ) s gned date RECEIVE® APR 9 81989 CITY 0' BU&NGAMr PIANNIN OEPT: April 28, 1989 TO: City of Burlingame, Planning Commission RE: Parking Variance for 125 Crescent Avenue, Burlingame In accordance with the City Council's request that we provide two covered parking spaces at 125 Crescent Avenue, we are submitting new plans that we believe satisfies those requirements. As we stated before, our addition will be adding an office and a family room to our home, as well as converting the in-law unit to a fourth bedroom. Since the garage is attached to the house, we feel the new plans satisfies the city's requirements and maintains the attractiveness of our property. Thank you for your consideration. Sincerely, Barbara and Terrence Freethy BURLINGAME CITY, r. �SAN MATEO COUNTY CITY HALL-501 PRIMROSE ROAD PLANNING DEPARTMENT BURLINGAME, CALIFORNIA 94010 - (415) 342-8625 - "April 18, 1989 Mr. Terrence Freethy 125`Crescent Avenue Burlingame, CA :94010 Dear Mr. Freethy: At their meeting of April 17, 1989 the City Council held an appeal hearing on your application for a parking variance at 125 Crescent Avenue,, zoned R=1.. Following a public hearing Council denied your application without prejudice. A denial without prejudice. allows you to come back to .the Planning Commission for reapplication without another: fee �- within a reasonable time, 90 days. Council directed specifically hat your resubmittal provide two covered on -site parking spaces: sincerely yours; Margaret Monroe City Planner. MM/s cc:. Arline Castleberry City Clerk Chief Building Inspector , Burlingame Planning Commission Minutes Page 2 March'27, 1989. w ld any new owner be advised of -limitations on the property; .,do the owners intend to continue this use as a senior care fa 'lity`' with pgraded,accommodations ;or do they anticipate, doing ething else w'th the building. Item: set for public hearin Aril 10,,, 1.989. 3. SPECI PERMIT .AND. PARKING VARIANCE FOR OPERATION OF AN �+ ENGLISH FT SHOP_AND TEA' AT 11 BURLINGAME ,AVENUE, ',-ZONED C-1 UB AREA A Requests: how: will, t sh be taken car of, particularly from the restaurant; where will ople.park; w' 1 this be an intensification of use. Item set for pub c heari April 10,, 1989. r 4. AMENDMENT, TO CONDLTIO F REZONING ALLOWING BUSINESSES TO EXTEND THEIR HOURS A 15 ADELINE'DRIVE ZONED C-1 ,> Requests: explanation o the;reques to change a condition of the rezoning and need fo , all businesses o. request an amendmentfof .: their'. -use permits:.' dividually; how many f the people who. signed the petition in pport:were from the neigh rhood. Item set for public hearing ril 10, 1989. 5:; SPEC PERMIT FOR CLASSES AT 111 ANZA BOULE D. ZONED C-4 Request does this building meet current parking req rements•; Burin the hours of the school, 10:00 AM - 1:00 PM- and-1: P.M.- > 4`r00: P.M., number of people in the morning and number i the a'f ernoon amount of parking on; site, how much of this is n in e; } ".;cou d this , use be limited to, a certain > length of time . em set.for public hearing April 10, 1989. ITEMS'FOR ACTION >: 6. PARKING VARIANCE FOR THE ADDITION OF BEDROOMS AT 125 CRESCENT .AVENUE_, ZONED R-1 _ - Reference' staff. `report, 3/27/89,`with attachments. PLR Garefalos F reviewed details of the request; staff review, applicants letter. Three conditions were suggested for _consideration at the public hearing . Chm._ Jacobs opened, the public hearing. Terrence Freethy, applicant, was present.' His comments: the existing nonconforming studio apartment was built as .a part of the building which was. constructed in 1930, the original plans show a one bedroom house designed on the main level with a sun' porch and den 'which are; now counted <as bedrooms, the people, who originally designed this house Apparently had. no children, applicants need more bedrooms; they would.like to have a two car garage but there is no way to achieve th,s;:a drive -through might work for the cars but his truck is too i s^ r. Burlingame Planning Commission Minutes Page 3 March 27, 1989 large; to remove the existing garage which.is_attached to the house , would require substantial remodeling; they have a long driveway and could'•park two cars behind the front setback; they are willing, to remove the extra unit by eliminating the kitchen, applicant thought that.•:: unit would generate more parking concern than a. fourth bedroom. ; K Commissioner noted cars could be driven through an open. carport..,,4'= Responding to.`questions, Mr Freethy said they' need ,one G' of the rooms .for an office, in the originaldesign it was a den-; to incorporate the unit into the flow they added' a stairway tha �r rear;°` they .cannot; incorporate the studio apartment without doings' other -,additions. They have considered a carport in. front of the garage;. there is a basement for storage, the stair at the rear is interior to the house.' Vaughn Janssen, 121 Crescent Avenue spoke in favor. of` the application: he has lived there' for 20 years and `never> had;: parking,problem caused by the studio unit, he saw, no.! problem with this;.::change. There were no further audience comments and :the public hearing was closed. C. _,Harrison found it commendablethe applicants wish to, remove an existing nonconforming_ unit, in order to enjoy their property they would: not be `able to put' in a two car garage or "even 'a drive- through because of;what it would do to the appearance of the house; granting of the variance is necessary for the preservation :and enjoyment of the .property rights of the applicants,, it, will' not 'be detrimental " or njurio.us to; property or. _ improvements of . the neighbors andthe. use of .,the property would be compatible with,t,hbll aesthetics', mass,,;bulk and character of existing and potential uses of .jproperties -in the general vicinity. C. Harrison moved.. for.;. �f approval of the variance and for adoption of Commission Resolution Approving Variance. with the conditions listed in the staff report. Motion was seconded by C. Ellis. ;, Comment on the motion: there.is space on this property for a tandem r..; garage by expansion ta.the rear so will': vote no C. .,Harrison added %. a finding: that there is a long driveway and two cars can.be parked F: behind the front setback. Further comment: this is a large house, thew- are spending a considerable amount of money and_realiz'e atwo ;. car.: garage would be ;another expense, but. a drive -through would mot M change the house so much, think they should provide a standard two ' car, garage; it is a small lot with a large house but there .is room at the rear for a 'standard garage': Motion for approval failed on a 2-3 rollcallvote, Cers Garcia, H. Graham and Jacobs voting no, Cers Giomi and S. Graham absent: Appeal procedures';were,advised i i Led by, Fz re ,Chi of Mal col m Towns: .. . ROLL 'CALL" .. COUNCIL.MEMBEFS PRESENT: AMSTRUP, BARTON, LEMBI! PAGLIARO 1i GOUNCILMEM11kRS ABSENT:' MANGINI (i11ness) I NUTES .. - Minutes of the Regular Meeting of :April Z,, 1989 were approved. `y CONTINUED APPEALHEAR-ING FOR FENCE EXCEPTION AT 1915 ADELINE-DRIVE City P1•anner'reviewed her memo of N-arch 27 which recommended council �. hol"d qublic"`hearing and take action. Michael Morn, a contractor,: 1 _ is reg jesting a fence exception for a sis',foot eight, to -ten inch. -- high property ,line fence at a -house that:'he;built. This is a rode enforcement item.". The fence was in pl,ace-when the, final inspection for the'house was made. The property owners who have since purcHased.the ho�ise have not•been 'involved in this -fence exception. The fence was build„without.: building permit. The Planning Commission' denied``tKi-s request at i.ts meeting of March 1,:3 1989. uz Mayor Amstrup opened the public hearing.- Michael ,Moran staged he wanted to, enhance; the security of,, this new home; i.t is "a corner lot and a busy area near a high school. Councilman Pagl,iaro confirmed that.the.f,ence was not shown.on.plans submitted to city 'and that:Lhe contractor never got a fence permit;Moran noted that the city approved the final .building - inspection; he said the. previous house was an eyesore and the new house '.greatly improves the area; "the_fence is attractive and well burl't;".h'e.'showed,phot;ographs of fences in the area that are over - height. layor'Amstrup closed the public hearing: Councilman:Pagli.aro agreed that it is a well built fence but he could find no exceptional circumstances in order to grant a fence except on.:Council members agreed. ' n. sustain the Counciiman Pagliaro moved to Planning Commission denial. sr kr�r;a � Seconded b Councilman car - - , carried unanimously 4-0 on roll. -call vote. APPEAL OF PLANNING COMMISSION DETERMINATION FOR PARKING VARIANCE FOR ADDITION AT 125 CRESCENT . City Planner reviewed her memo of April i which recommended council . -hold public nearing and take: action. Terrence Freethy is requesting a parking variance in order- to make a family roomlbedroom.second story addition to his house at 125 Crescent. He proposes to use the s e.isting, one car garage where the code requires a two car garage. j There is a 69foot driveway between 1-he Front property line and the --emu-- garage. There presently exists as part of this house a nonconform- ing second Floor satudio apartment which appears to have been built r as part of the original house in 1930; this apartment would be j eliminated. The Planning Commission voted to approve the parking I variance on a vote; since 4 .:vrfirmative votes are required for • _ _ i approval, 1. L wd n doni ed.. wanted more covered parking. Mayor Amstrup closed- the public hearing. Coldncilman Lembi commented with such a long driveway Freethy could- ; park four cars, offthe street. Counci'1`directed Freethy..to,develop,more parking, either in front or back o-f'the present garage. hold a Public hearing and ta4:e-action^: Shuij'i' and Ryuko Suruki, ' property,,owner;s, are requesting two special permits to build and operate a grocery store at 914" Edgeh'i`l l . The permits' are for sale of alcoholic beverages (beer and wine) and for failure.to comply with o'Ur"of the eight criteria established for grocery stores ru tx: i. u Mayor Amstru acknowledged a y P 9 petition signed by approximately 00 nearby residents, and several letters in opposition. *YMn =� r' Mayor Amstrup ,opened the public hearing. , The applicant Shi.rji SUruki requested approval, noting they need to have a larger site r6r their Japanese grocery store which is now located -on Broadway._.The applicants' architect Paul iVii also spoke "1 in favor; he said all conditions of approval would be met and - responded to council questions: that the mechanical structures would not be visible to neighbor; in response to noise concerns he noi_ed that refrigeration equipment would be located in an enr_ 1 osure z in the basemen-t; garbage would' be plc_%ed up from the California Dr`r•;e side of properi_v, not at rear. ' Speakinq in opposition wrare rnany residents and neighbors including: _. San Francisco archi-tect sand sister of Pat Jones who livies next door to the pro osed ro e-* I - J " P P Jn ones, 8lu Edgehill; Warren - 4 Wickliffe, 3c';3 E:dgehill; Tracy Hamann, 1117 Pzil.m; C'.ene Hannon, 1400 �tSt._.ituarr~-rli r4st t Edgehi.11; Jim Riles, 814 Acacia; C.lai_rde Shepard; Chris l_angridg , ?-=' il01 Edge -Tali tlarge L,neiar_, ,�,., "d,eh.ii1; a -an Friebf 1., 31;1 2 _ i NGAME ,1� 0 Rqq 4 'kx%..C4...E7, Zhr Tito d arlingamt SAN MATEO COUNTY CITY HALL- 501 PRIMROSE ROAD BURLINGAME, CALIFORNIA 94010 TEL:(415) 342-8931 NOTICE OF HEARING Parking and Side Yard Setback Variance NOTICE IS HEREBY GIVEN that Monday, the 8th day of May, 1989 , at the hour of 7:30 P.M., in the City Hall Council Chambers , 501 Primrose Road, Burlingame, California the Planning Commission of the City of Burlingame will conduct a public hearing on the application for: 1) a parking variance to extend the existing one car garage to provide two covered tandem offstreet parking spaces; and a si e yard setback variance for extending the garage with a 3'-4" setback where 5'-0" is required at 125 Crescent Avenue Zoned R-1. At the time of the hearing all persons interested will be heard. For further particulars reference is made to the Planning Department. MARGARET MONROE CITY PLANNER April 28, 1989 RESOLUTION NO. RESOLVED Burlingame that: RESOLUTION APPROVING VARIANCE by the Planning Commission of the City of WHEREAS, application has been made for a variance for parking and side yard setback at 125 Crescent Avenue �APN 028-293-080 and WHEREAS, this Commission held a public hearing on said application on May 8, , 1989 , at which time it reviewed and considered the staff report and all other written materials and testimony presented at said hearing; NOW, THEREFORE, it is hereby RESOLVED and DETERMINED by this Planning Commission that said variance is approved, subject to the. conditions set forth in Exhibit "A" attached hereto. It is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. CHAIRMAN I, , Secretary of the Planning Commission of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the Planning Commission held on the 8th day of May , 1989 by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: SECRETARY