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HomeMy WebLinkAbout1469 Benito Avenue - Staff Report., r City Council P�li nutes-10/7/85 � ��_... � �1 had not been aware of this when doing the traffic study but he noted it should improve the traffic flow. ete Campanile, Broadway business owner and resident, spoke in favor o the project. , Mayor l�a�rtin closed the public hearing. r Councilmembe'i^s,�expressed their approval o�.�'the project. Councilman Pagliaro said i�,;+as a good project but.�oting he still had serious concerns about tra�'��c at the site,�trfiat lights would not help the traffic and that he t�}ibught a bar�r to prohibit left turns was the best method of traffic co`�,t�rol Harvey inquired if counci cou1� determine the cost of 25 percent of intersection improveme s he is �'e, uired to pay. Hopper reviewed usual costs of vario aspects of i talling improvements and suggested it would ost around $200,0 Council amended the condition requir' g 25 percent of cost o'mproving intersection to "25 percent no to exceed $50,000." Councilma Amstrup moved adoption of RESOLUTION 1-85 "Approving Special ermits and Variances" with conditions as ame .�ed and inclu 'ng findings of the Planning Commission. Seconded by Councilman Mang ni, carried. 4-1 on roll call vote, Councilman Pagliaro voting no. CONTINUED PUBLIC HEARING - APPEAL OF DENIAL OF VARIANCE FOR CARPORT IN SIDE YARD SETBACK AT 1469 BENITO AVENUE City Planner reviewed her memo of October 1 in which she recommended council continue public hearing and take action. The applicant, Randy Gibbs, is requesting a variance to place a carport one foot into the side yard setback in order to meet code requirement for two covered on-site parking spaces for a remodeling of the home. The carport would provide one covered parking space and the second space would be placed in the basement at the front of the house, both parking spaces would share the same curb cut. At the last council meeting, council directed Gibbs to prepare new plans and resubmit them to Planning staff. Staff finds that it would take several maneuvers to get out of the basement parking space. Mayor Martin opened the continued hearing. Randy Gibbs, applicant and property owner, said he had discussed the parking maneuvers with staff today and that he is allowed three maneuvers. City Attorney reviewed code and said that code section applies to apartment garage aisles, not single family residences. The possibility of tandem parking was discussed, City Planner noted this is not allowed by code. Councilman Pagliaro inquired if Gibbs could eliminate the post in the middle of garage opening; then entrance/exit Would be easier. Gibbs replied that could be done. City Planner noted engineering for removal of post would require certification by a civil engineer. Mayor Martin noted he would vote against this project: there are four requirements for getting a variance and two are not met; exceptional circumstances and preservation and enjoyment of property rights. Councilman Pagliaro moved approval of the variance with findings "a - d" in City Planner's memo and revision to remove the support posts which limit access to the garage area in one maneuver and directed Gibbs to have plans redrawn for approval of city staff, there was no need to return for council approval. Motion seconded by Councilwoman Barton, carried 4-1 on voice vote, Mayor Martin voting no. PUBLIC HEARING - REVIEW OF SPECIAL PERMIT FOR ROOFTOP ANTF�IN_k�"'AT 1350 BAY��ib32E-.$,IGHWAY - RESOLUTION 105-85 ,.av•==~"'" .�r "--M.._.. � �.,.,. Councilman Pagliaro no�`e�d•..h�� ad caj,a.�ed""'�his up for review but he no longer has any concerns about..t'iY�'=�.p,�cia1 permit since these were not dish antenna. , - -, ��.,.... City Att,Qae�"$��noted since a public hearing was publicized, it must be h�1.d-��� 3 � CITY � � '�� O� AGENDA BURLINGAME I T EM u �,..�.:;���,:. STAF� REPORT DATE l0���85 �..� To: HONORABLE MAYOR AND CITY COUNCIL SU6MITTED 1 � BY DATE: OCTOBER l, 1985 FROM: CITY PLANNER APPROVED BY CONTINUATION OF APPEAL ACTION ON A VARIANCE FOR A SIDE YARD sue�ecT: SETBACK AT 146 9 BENITO AVENUE, ZONED R-1 RECOMMENDATION• Council open the continued public hearing and take action. Staff recommended conditions on the August 15, 1985 plans which were reviewed by the Planning Commission: 1. that the conditions of the Chief Building Inspector's July 29 and August 21, 1985 memos and the Director of Public Works' July 29, 1985 memo shall be met; 2. that the project as built shall conform to the plans submitted to the Planning De�artment and date stamped August 15, 1985; and 3. that all construction shall comply with the requirements of the Uniform Buil3ing and Uniform Fire Codes as amended by the City of Burlingame and if these standards cannot be achieved then the variance is not in effect. To grant a variance the City Council must find that certain conditions outlined in the zoning code exist on the site (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 improvem�nts; and d. that the granting of such variance will not adversely affect the comprehensive zoning plan of the city. -2- Action Alternatives: l. City Council uphold the Planning Commission's action and deny the request for side yard setback variance. 2. City Council reverse the Planning Commission's action, make appropriate findings (re: 25.54.020) and take action. BACKGROUND- Mr. Gibbs is requesting a variance to place a carport one foot into the required 4' side yard setback in order to provide the second required covered parking space for the remodeling he is doing on his house at 1469 Benito Avenue (Code Sec. 25.70.030). The first covered parking space will be provided in the existing basement area below the front window. The applicant will lower the basement floor one foot to achieve the required 7' clear in the parking area. Because of the width of the lot, the applicant is allowed only one curb cut. Both parking spaces will share the curb cut on the northwest side of the prop�rty. At the Council meeting of September 16, 1985 Councilmembers suggested Mr. Gibbs move the entrance to his garage below the front window 6' to the north, closer to the front stairs. Further they suggested Mr. Gibbs revise his plans accordingly and submit them to staff for review before the next meeting. The public hearing was then continued to the meeting of October 7, 1985 (City Council minutes, September 16, 1985). Mr. Gibbs submitted five sets of his revised plans to staff on September 20, 1985. Since this is just enough for Council, staff has no file copy. The applicant did not see this as a problem. Using the September 20 plans staff did a template study to establish the accessibility of the relocated garage area under the front window. Our template is for a standard American vehicle. Based on the diagrams included, a vehicle entering the garage in a single maneuver would hit the wall next to the garage door and two of the support posts or the other wall by the garage door next to the stairs (Diagrams 1 and 2). Backing out of the garage cannot be done in one maneuver because of the block retaining wall (Diagram 3). Experiments were done with the template to see how many maneuvers would be required. It depends, of course, on the skill of the driver but it appeared that at least four might be needed to back out and clear the block retaining wall. EXHIBITS• -Monroe letter to Mr. Gibbs, September 18, 1985 -City Council Minutes, September 16, 1985 -Diagram 1- 1469 Benito - Entering Garage --One Move -Diagram 2- 1469 Benito - Pulling into New Garage -Diagram 3- 1469 Benito - Backing Out of New Garage -City Council Staff Report, September 16, 1985 w/attachments -Plans date stamped September 20, 1985 Mt�i/ s cc: Randy and Valerie Gibbs ;�_� ,t ��.. �1 ��.� �z�� �� ���zz�.���.� SAN MATEO COUNTY CITY HALL-501 PRIMROSE ROAD BURLINGAME�CALIFORNIA 94010 TEL:(415) 342-6931 September 18, 1985 Mr. Randy Gibbs 1469 Benito Avenue Burlingame, CA 94010 Dear ��Ir. Gibbs: At the City Council meeting of September 16, 1985 your variance application for a carport in the side yard setback at 1469 Benito Avenue was continued to the Council meeting of October 7, 1985 with the under- standing that a revised set of plans would be submitted for staff review showing the entry to the garage moved 6' so that it is under the living room window. In order to review your plans prior to the Council meeting on the 7th and get staff's comments incorporated into the staff report, we will need those plans in the Planning Department no later than September 27, 1985. Sincerely yours, ����� � Dlargaret Monroe City Planner MM/s cc: City Clerk , �� ' Lee reviewed the trace fault was found by City Engineer. Councilman Pagliaro inquired about the age of the trace; it could not be .�`.� determined; reviewed setbacks from the trace. Homes will be set back `�.from the fault line. hlonte stated trenches were dug six to ten feet ���deep to find the trace fault, two geologist have studied and prepared a report of which the city has a copy; neighbors are aware o�� the ��ult and buyers will be informed; the whole area is full,d°f fault t�aces. a Cou�cilwoman Barton asked if the present church build}'1ig is higher than�,the proposed homes. Monte stated homes on lots�.�"l and 3 will be a maximis,m of four feet higher. � Mrs. Ya�agishi distributed a diagram of her vie windows showing that the view°.from family room window (floor level ndow) will be obstructe by 211 foot elevation. She said s e does not want to stop project, j st be sure her views are not obs ucted. 5he would like to see limitat on on height of buildings, hei t of fences and height of trees on the site, Mayor Martin n�ed building and fence eight are set by Planning Commission cond tions; trees are som hing else. Councilman Mangin noted council h' considered tree heights some years ago and deci d not to get "nvolved in the issue. He said there is no guarantee of view when y u buy a home. Monte stated that the 09 foo elevation would be below the window shown in Mrs. Yamagishi s di gram. Mayor Martin closed the pu ic hearing. Councilman Mangini inqu' ed o�YFire Chief if fire access is adequate. Fire Chief replied yes. 'F� Councilwoman Barton�ated the bi3�lder should be complimented, he has been most considera of neighbors�i.n checking views. She moved to uphold the PlanningrCommission's fi dings and action allowing the variance includin� four conditions b adoption of RESOLUTIOY 100-85. Seconded by Coun�'ilman Mangini. Mayor Martin nd�ted he is not greatly co�Ferned about the trace fault found, there �re faults on all the lots i°9�i the hills. Motion carr ed unanimously 4-0 by roll call�"�vote, Counci]man Amstrup being abse�. '� 1 �. � Councilwbman Barton moved to approve the Subdivi`�ion ;Sap including conditi,ons of variance and six conditions of City ngineer's memo of Augus 22, 1985. Seconded by Councilman Mangini, c ried unanimously 4-0 roll call vote. �.�,,� Ci Attorney stated he would prepare a resolution approvi�g the map f r the next meeting. PUBLIC HEARING - APPEAL OF DENIAL OF VARIANCE FOR C�IRPORT IY SIDE YARD C.C. Minutes SETBACK AT 1469 BEYITO AVENUE September 16, 1985 City Planner reviewed her memo of September 11 in which she recommended council hold public hearing and take action. The applicant, Randy Gibbs, is requesting a variance to place a carport one foot into the side yard setback in order to meet code requirement for two covered on-site parking spaces for a remodeling of the home. The carport would provi�le one covered parking space and the second space would be placed in the basement at the front of the house. Planning Commission held two public hearings, the second was held after the applicant re<{uested to introduce a revised set of plans which staff has not reviewed. The Commission denied the revised plans because they did not ieel the proposal met variance requirements and there were alternatives to providing the parking wnich did not need a variance. ,yayor Martin opened the public hearing. 2 �V Randy Gibbs, applicant and property owner, reviewed his project and said it would compliment the neighborhood; old city code allowed '3 foot sideyard setback with his narrow lot; is trying to improve his home for his family; needs back yard for children. In response to council questions, Gibbs stated the old rear garage has already been torn down. City Planner stated the Planning Commission's concern was placement of the new driveway to join the old driveway and the sharp turn necessary to use the curb cut for a vehicle parked in the new garage would be a difficult maneuver. Council reviewed two alternatives available to Gibbs, building gara�e in back yard or two car garage under house; Gibbs said it would be too costly to do second alternative, he would have to remove his front steps. Council reviewed difficulty of maneuvering into garage under home; difficulty of parking cars in tandem, Gibbs reviewed his budget for building improvements; replied he has two cars. Mayor Martin suggested he build tandem carport, or place parking space to left of driveway in front yard. Councilwoman Barton stated she would like to see some accommodation made for this young family. Councilman Pagliaro inquired if garage could be moved closer to front stairs of building under the window. Gibbs said it could and he had a drawing of that plan. After further discussion, Mayor Martin directed Gibbs to have clear plans redrawn for this new alternative and brought back to City Planner for review before the next meeting. The public hearing was continued until October 7. PUBLIC HEARING - APPEAL OF SPECIAL PERMIT FOR DRY CLEANING SERVICE AT 27-329 LORTON AVENUE - DENIED WITHOUT PREJUDICE Ci Planner reviewed her memo of September 11 in which she reco ended council hold public hearing and take action. Applicant is request' g special permit for on-site processing dry clea�ing service. Planning mmission denied the request; their concern�ing parking in the area. .,n Councilman Mangi"� commented on the incomplete�ns. ..`,"�,� Mayor Martin noted tfi"e�problem with fire ex' s from the site. Mayor Martin opened th p`inj�lic hearing. Paul Zieman, American Pacifi�c°`�e�quip nt, requested council deny without prejudice so that the a cant could go back to Planning Commission with more complete d 'ngs and a parking study. 1 Mayor Martin closed the pub�c hearin ;, Council referred back t�Planning Commis 'on. City Planner requested council set time limit,,ation. Council direc ed plans be to Planning Department by Octobe 15. REFUSE COLLECTION ATE NEGOTIATIONS - NO INCREASE'" N RATE Y City Manager r viewed the Finance Director's memo of ptember 6 in which he inf ined council that the rate advisory commit e, composed of staff fr m Burlingame, San Plateo, San Carlos, Redwood 'ty and Price-Wate�rhouse, had successfully obtained audited financi� informati'on and supplemental statistical data from BFI. With`''�,his informa.t�ion, the committee and BFI have agreed that no rate increase is ne�,ded for 1985-86. Cit,y Manager noted the franchise with BFI expires in two years and the cq.+nmittee is working for a more satisfactory rate setting procedure. Council discussed the changes in garbage collection services in San Bruno and San Jose. 3 �s