HomeMy WebLinkAbout702 Crossway Road - Staff ReportP.C. 3/14/88
Item # L
MEMO TO: PLANNING COMMISSION
FROM: CITY PLANNER
SUBJECT: PARKING VARIANCE TO CONVERT A GARAGE TO A SECOND
DWELLING AT 1250 OAK GROVE AVENUE, ZONED R-2
Joanne Bogan is requesting a parking variance in order to retain
the garage converted to a second dwelling unit (554 SF) at 1250
Oak Grove Avenue, zoned R-2 (Code Sec. 25.70.030-b). Before the
conversion of the 25' x 21' two car garage to a studio apartment
this single family residence had two covered off-street parking
spaces and two spaces within the front setback in the driveway.
Creation of the studio apartment not only removed all covered
parking on site but resulted in an on -site parking requirement of
four spaces, three of which should be covered. All improvements
to the garage were made without a building permit. Two dwelling
units, assuming they meet code standards, are allowed in the R-2
zone. This item came to staff's attention through a newspaper
article and is an enforcement item.
Staff Review
City staff have reviewed the parking variance request. The City
Engineer (March 3, 1988 memo) recommends against this variance
request because of the lack of on -street parking in the area and
concern about compounding this problem. The Fire Marshal
(February 24, 1988 memo) comments that electrical service in the
studio unit needs to be brought up to code and a smoke detector
installed. The Chief Building Inspector (February 22, 1988 memo)
reviews a list of items which need to be brought up to Uniform
Building Code standards in order to make this studio habitable.
The list includes: installation of fixed heating; a new
substantially upgraded electrical system; meeting ventilation
requirements; a waterproof membrane on/in the slab; and adequate
insulation in the walls and attic. He also notes permits would
have to be issued for all work and a ten times normal fee will be
charged as penalty.
The Planner includes a memo (January 18, 1988) reviewing the
history of this item. She points out if the variance is approved
the penalty fees will have to be paid and the unit will have to
be brought up to Uniform Building and Uniform Fire Code
standards. If the variance is not granted the unit will have to
be removed and the garage converted back to parking in a timely
fashion. It should also be noted that the existing structure is
placed about 9' from the north property line. Possibly access to
the rear yard could be gained here. The rear yard may be big
enough to accommodate two covered parking stalls.
2
The City Attorney wrote a letter (January 20, 1988) to the
newspaper which printed the original article pointing out the
common problems associated with garage conversions. He also
suggests that compliance with city codes is an important
component of such remodeling and we would appreciate this being
acknowledged in future articles on this subject.
Applicant's Letter
In her letter of February 19, 1988 Joanne Bogan requests the
parking variance, noting that a covered carport could be placed
over the driveway and front yard but would be very ugly. The
variance, she notes, would allow the attractive appearance of the
house to continue. The conversion of the garage did not, she
comments, result in any outward change in the structure. The
woman who did the construction has also landscaped the yard. Ms.
Bogan feels that when the present tenant leaves she can live in
the studio apartment herself while she remodels the main house or
her brother or father could use the studio when they can no
longer live independently. She feels there is no health, safety
or welfare issue and the use is consistent with the R-2 zoning.
She offers that if necessary she will widen the driveway to
provide off-street parking for another car. However, she feels
this is not necessary since the two residents have only two cars
and widening the driveway would cause the replacement of existing
landscaping with pavement which would not be used.
Findinas for a Variance
In order to grant a variance the Planning Commission must find
that the following conditions exist on the property (Code Sec.
25.54.020 a-d):
(a) that there are exceptional or extraordinary circumstances
applicable to the property or class of uses in the
district, so that a denial of the application would result
in undue property loss;
(b) that such variance would be necessary for the preservation
and enjoyment of a property right of the owner of the
property involved;
(c) that the granting of such variance would not be materially
detrimental to the public health, safety or welfare, or
injurious to the property or improvements of other
property owners, or the quiet enjoyment of such property
or improvements; and
(d) that the granting of such variance will not adversely
affect the comprehensive zoning plan of the city.
3
Planning Commission Action
The Planning Commission should hold a public hearing.
Affirmative action should be taken by resolution. The reason for
any action should be clearly stated. At the public hearing the
following conditions should be considered:
1. that the conditions of the Fire Marshal (February 24, 1988
memo) and Chief Building Inspector (February 22, 1988
memo) shall be met; and
2. that this variance shall continue only so long as this
garage converted to a studio apartment continues on this
site and shall be voided if the garage conversion and/or
house are damaged to 50 percent or more of their
replacement value.
Margret Monroe
City Planner
MM/s
cc: Joanne Bogan
Victor Bogan (Tampa, FL and Burlingame)
202 So. Hesperides
Tampa, FL 33609
PROJECT APPLICATION
Q CEQA ASSESSMENT
Application received ( 2/19/88 )
Staff review/acceptance ( )
1. APPLICANT Joanne Bogan
name
1250 OAK GROVE AVENUE
project address
Garage Conversion
project name - if any
telephone no.
1250 Oak Grove Avenue, Burlingame, CA 94010
applicant's address: street, city, zip code
348-8622
contact person, if different telephone no.
2. TYPE OF APPLICATION
Special Permit ( ) Variance* (X) Condominium Permit ( ) Other
*Attach letter which addresses each of the 4 findings required by Code Chapter 25.54.
3. PROJECT DESCRIPTION
PARKING VARIANCE for conversion of a two car garage (25'-9" x
x 21'-5") to a studio apartment and laundry room. A total of
four parking spaces are required for the two bedroom house and
new studio apartment. There is no parking provided on site.
(attach letter of explanation if additional space is needed)
Ref. code section(s): (25.70.030-b) ( ' )
4. PROPERTY IDENTIFICATION
( 029-051-200 ) ( 11&2 ) ( 12� ) ( Burlingame Terrace No. 2
APN to no. bloc no. subaivision name
( R-2 ) ( 5,816 )
zoning district land area, square feet
Victor S. Bogan
land owner's name
Required
(Iss-) (no)
(yes) (Fae*
Date received
( —
( 3-7-88 )
1201 Vancouver Avenue
address
Burlingame, CA
94010
city zip code
Proof of ownership
Owner's consent to application (verbal consent).
5. EXISTING SITE CONDITIONS
Two bedroom house and 437± SF studio apartment. No on -site
parking is provided.
Required Date received
(yes) O (2/19/88 )
(yes) (eo-)
(yes) (fsix)
(,gs) (no)
(other)
(
II
( " )
2/19/88
Site plan showing: property lines; public sidewalks and
curbs; all structures and improvements;
paved on -site parking; landscaping.
Floor plans of all buildings showing: gross floor area
by type of useton each floor plan.
Building elevations, cross sections (if relevant).
Site cross section(s) (if relevant).
1PttPr
*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 NO NEW CONSTRUCTION PROPOSED - INTERIRRnnR ALTERATIONS
Proposed construction, Below grade ( — SF) Second flo01(-Y — SF)
gross floor area First floor ( _ SF) Third floor ( SF)
Front setback
Side setback
Side yard
Rear yard
Project Code
Proposal Reouirems?nt
Lot coverage
Rui id inr height
Landscaped area
9n site pkg_snaces
Project Code
Proposal Requirement
0
4
6. PROJECT PROPOSAL (continued)
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
Trip ends to/from site*
Peak hour trip ends*
Trucks/service vehicles
8-5
IN 2 YEARS
after
5 PM
IN 5 YEARS
after
8-5 5 PM
*Show calculations on reverse side or attach separate sheet.
7. ADJACENT BUSINESSES/LAND USES
Residential uses on all adjacent lots; this use conforms to
the General Plan
Required Date received
(yAts) (no) ( _ ) Location plan of adjacent properties.
Cgs) (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 ( i
Condominium Permit $ 50 ( ) EIR/City & consultant fees $
TOTAL FEES $ 65.00 RECEIPT NO. 02.530 Received by L . Frei tas
I hereby certify under penalty of perjury that the information given herein is
true and correct to the best of my knowledge and belief.
Signature '.Av✓•t ,C)% Date ;�//G'
/ (Applicant)
NEGATIVE DECLARATION
The City of Burlingame by
STAFF USE ONLY
File No.
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 15303(b), conversion of
small structures
Sigrature of Processing Official
G'- leitle Date Si ned
Unless appealed within 10 days hereof the date posted, 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 the Council Chambers.
Executed at Burlingame, California on , 19
Appealed: ( )Yes ( )tio
JUDITH A. MALFATTI, CITY CLERK, CITY OF BURLINGAME
STAFF REVIEW
1. CIRCULATION OF APPLICATION
Project proposal/plans have been circulated for review by:
City Engineer
Building Inspector
Fire Marshal
Park Department
City Attorney
date circulated
(2/22/88 )
)
( 1 )
( )
( )
reply
(yes)
(yes)
(yes)
(yes)
(yes)
received
(no)
(no)
(no)
(no)
(no)
2. SUMMARY OF STAFF CONCERNS/POSSIBLE MITIGATION MEASURES
Concerns
memo attached
(yes)
(yes)
(yes)
(yes)
(yes)
Mitigation Measures
(no)
(no)
(no)
(no)
(no)
Does this project comply with
all Fire and Building Code
requirements?
Request comments from the Fire
Marshal and Chief Building
Inspector.
3. 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
Decision to prepare EIR
Notices of preparation mailed
RFP to consultants
Contract awarded
Admin. draft EIR received
Draft EIR accepted by staff
Circulation to other agencies
(
(
(
(
4. APPLICATION STATUS
Accepted as complete: no( ) letter
Yes( ) date
Study by P.C.
Review period ends
Public hearing by P.C.
Final EIR received by P.C.
Certification by Council
Decision on project
Notice of Determination
Date first received
to applicant advising info. required
P.C. study
Recommended date (3/i'/B a
8) Date Commission heari ng (54 ,S1)
Appeal to Council (yes) (no)
Application approved (
Is application ready for a public hearing? (yes) (no)
Date staff report mailed to applicant (
Application approved ( ) Denied (
Date Council hearing ( )
)
( 2/19/88)
Denied
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REC, ED
FEB 1. 91988
CITY 0 - e U% t GAM
The City of Burlingame
Dear Sirs•
February 19, 1988
1250 Oak Grove Ave.
Burlingame, Ca.
T_would like a:var.iance to allow the ,existing parking to remain
as it is and to waive the requirement for covered parking. The
area in front of the house could accomodate more cars and a
carport to cover them, but it would be unnesessary and incredably
ugly.
The granting of this variance would allow me to keep the impact
on the property positive. In building the apartment in the
garage, there was no outward change in the size or look of the
building, only the use of the space. Previously a dark and cold
storage area full of collected junk, as many garages are, it is
now a bright and cheery apartment with storage area in front,
and a laundry area with shelving for a pantry.
The other extraordinary change is due to Pat Ryan. She has
relandscaped the entire property and been responsible for many
improvements. Even when she eventually leaves to live in Montana
the apartment will be a perfect place for me to live so I can
remodel the rest of my house. I also may need the apartment
for my father or brother if their health deteriorates.
There is no threat to public health, safety, or welfare. There
is no conflict in the zoning requirements as this is R-2 zoned.
If necessary to fulfill the code, I am willing to widen the
driveway to accomodate a third car. Even though it would ruin
some landscaping and be unused as there are only two cars in
the household. The front of the house as seen on the layout
is just short of the letter of the law in the use of the front
set back for parking now, so I would prefer not to increase
the impact on the driveway unnecessarily.
Joanne Bogan
FEB 1 9 1988
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MEMO March 3, 1988
TO: Planning Department
FROM: Public Works - City Engineer
Re: 1250 Oak Grove - Parking Variance for Conversion of the
Existing Garage to a Studio Apartment with No Parking
On -Site
I cannot support any variance request for parking at this location. Parking
in this area is heavily impacted with regard to parking. An increase in the
number of dwelling units on any site in this area, must have its parking de-
mand supported on -site. I recommend denial of this parking variance.
Frank C. Erbacher
mg
. CITY ENGINEER
.CHIEF BUILDING IPECTOR
FIRE MARSHAL
DIRECTOR OF PARKS
PLANNING DEPARTMENT
SUBJECT: /e$ O Q 0 k 6 vC /°01 dt./ fez�'l(�
ee,),/ c5iD 0( lc ex}t' ,
;An application has been received for the above project for review y the • d'7 S
Planning Commission. The application will be scheduled for .C2170
7
at their ?5 ? meeting. We would appreciate having
r 4 9 e/ 96'. p
y
your comments by
Thank you.
raain ,
CI R C 4+1 T.S /0( ck1M-Lc40,<0
?, Pp,0 ✓,off. A S Antic. ilf
2—zLI
CITY ENGINEER
.CHIEF BUILDING INSPECTOR
FIRE MARSHAL
DIRECTOR OF PARKS
PLANKING DEPARTMENT
/2 6-0 0 0 k 67)o - 1c" 1/4A/ Q•n6.,e.
Coo ve 310 7 D7 exf-3 /7,
fo cc S i d apoa4 t o'2* i ro /614
An application has been received for the above project for review y the • Dr% S A
Commission. The application will be scheduled for /cC f70
7
ij y� 75 Fmeeting. We would appreciate having
comments by i'64vi1 257 / 9 , y
A _I
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January 12, 1988
Joan Bogan
1250 Oak Grove Ave.
Burlingame Ca. 94010
RE: Converted Garage
Ziff (gi.k aE Nurlirr.0ttme
SAN MATEO COUNTY
CITY HALL-SO1 PRIMROSE ROAD
BURLINGAME, CALIFORNIA 94010
On January 12, 1988, an inspection was made by me in conjunction with
the Planning Department on your garage which has been converted to a
living unit with full kitchen..
The following violations of the Building Codes were found to exist.
1. Main electric service panel has 4 circuits which have been
doubled, creating a very hazardous condition.
2. The unit has no means for heat, violation of U.B.C. Section
1211.
3. Unit does not meet U.B.C. Section 1205(a) for ventilation.
4. Burlingame Municipal Code Section 18.08.305(b) requires a
waterproof membrane under slabs of habitable rooms, this being
constructed as a garage slab would not meet this Section.
5. Due to concealed walls and ceiling, it can not be determined
if the walls have the required R-11 insulation or the attic
having the required R-30 insulation.
Should the garage conversion obtain approval from the Planning
Commission on parking, you would be required to submit two complete
sets of plans to the Building Division for approval. You would be
required to obtain Building, Plumbing, Electrical and Mechanical
permits. The Building permit fee would be ten (10) times the normal
fee.
Pete Kriner
A
hief Building Inspector
4/-1//r//,///'
FROM:
SUBJECT:
DATE:
File
Planner - A. Garefalos
Garage Converted to Second Unit at 1250 Oak Grove Avenue
January 18, 1988
In the Lifestyle Section of the San Mateo Times on November 23, 1987,
there appeared an -article regarding "Do-It-Yourselfers" handywomen.
Among the projects discussed, was a studio apartment built out of
a Burlingame garage. Knowing the difficulty of converting a garage
to dwelling use, several council members asked us to pursue the
situation and verify that all necessary city permits were obtained
for the conversion.
After a good deal of research to determine the address of the
property in question, it was determined that there were no permits
on file for conversion of the garage to a dwelling unit. A site
inspection on January 12, 1988 revealed that indeed the two car
garage has been converted to a dwelling unit with full kitchen
and bathroom facilities. Attached is a letter from the Chief
Building Inspector documenting the corrections needed to bring
the structure up to Building and Fire Code standards.
The property owner has been informed that since the existing
parking on the property was removed and the new unit was added
without providing additional parking as required by code,
application will have to be made to the Planning Commission for
a _Four- car parking variance.
If the parking variance is approved by the City, all necessary
corrections will have to be made to bring the structure up to
Building and Fire. Code standards. All retroactive permits will
have to be obtained for work already completed and a penalty fee
of ten (10) times the normal fee will be charged. If the parking
variance is not approved, the unit will have to be removed and
the garage converted to .its original state.
cc:
City Attorney
ATE. Li of urtirr.Frrre
SAN MATEO COUNTY
CITY HALL-501 PRIMROSE ROAD
BURLINGAME, CALIFORNIA 94010
January 20, 1988
Mickey Carter
News Editor
San Mateo. Times
1080 South Amphlett Blvd.,
San Mateo, CA 94401
Subject: Do-It-Yourselfers
Dear Mickey:
As you may recall, in November I expressed some interest in
your article regarding do-it-yourself handi-women. Of particular
interest was a garage conversion into a studio apartment in
Burlingame. As indicated by the attached memo from the City
Planners, your article caught the eye of a number of people in
the City, both elected and on staff. The reason for our concern
was that garage conversion almost always means the loss of required
parking spaces and almost as often means work done without proper
building and planning approvals.
As you can see from our Planner's memo, we did some detective
work and located the primary property which was the subject of the
article. It did prove to have been done without any permits and
in violation. of the Planning and Building Codes. The practical
dangers are indicated by the Building Inspector's letter which
indicates that the electrical work creates very hazardous over-
load conditions.
,r .z s a I r k- Cary v6
TEL: (4I5) 342-893I
RECEIVED
JAN 2 01988
GTY PA�NNhl GDE E
The purpose of my letter is to suggest that while encouraging
extra living space and do-it-yourself work is a great idea, it
needs to be accompanied by responsible compliance with local
building codes. We would hope that future articles along this line
would assist us by including that caveat.
JME . ALE
Cy Attorney
FC/b
cc: Planning, Building
C1 u Lit if Lur1ingcun
SAN MATEO COUNTY
CITY HALL- 501 PRIMROSE ROAD
BURLINGAME, CALIFORNIA 94010
NOTICE OF HEARING
Parking Variance
TEL:(415) 342-8931
NOTICE IS HEREBY GIVEN that Monday, the 14th day of March, 1988 , 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 a 4 car parking variance for the
conversion of a two car garage to a studio apartment and laundry room
without providing add_ition..a1.on-site parking at 1250 Oak Grove Avenue,
zoned R-2.
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
1
March 4, 1988
RESOLUTION NO.
RESOLUTION APPROVING Variance
RESOLVED by the Planning Commission of the City of Burlingame
that:
WHEREAS, application has been made for a parking variance
to convert a garage to a second dwelling unit
at 1250 Oak Grove Avenue
and
(APN 029-051-200
WHEREAS, this Commission held a public hearing on said
application on March 14 , 198 8
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.
NANNETTE M. GIOMI
CHAIRMAN
I, HARRY S. GRAHAM, 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 14th day of March , I98 8 , by
the following vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
HARRY S. GRAHAM
SECRETARY