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Home My WebLink About1481 Benito Avenue - Staff Report�> � � �, CITY OF BURLINGAME SPECIAL PERMITS Special Permits for Gazebo Item 4�10 Meetinq Date: 7�12�93 Address: 1481 Benito Avenue Request: Special Permits for a 118 SF gazebo at 1481 Benito Avenue, zoned R-1. The gazebo/patio shelter exceeds 50 SF and has windows within 10' of property line requiring two special permits (C.S. 25.60.010 n and C.S. 25.60.010 i). Applicant and Property Owner: Hans Hatschek APN: 027-182-030 Lot Dimensions and Area: .133 Acres MOL General Plan: Low Density, Single Family Residential Zoninq: R-1 Adjacent Development: Single Family Residential CEQA Status: Article 19. Categorically Exempt per Section: 15303 - New Construction or Conversion of Small Structures Class 3(e), Accessory (appurtenant) structures including garages, carports, patios, swimming pools and fences. Summary: The applicant is requesting special permits for an existing 9'-11,�," X il'-10�" (118 SF) gazebo located in the rear yard at 1481 Benito Avenue, zoned R-1. The gazebo exceeds the 50 SF inaximum allowed for a patio shelter and requires a special permit. The property line wall is solid but all other walls have glazing which begins at 2'-0" from the property line. Windows on accessory structures within 10' of the property line require a special permit. All other accessory structure code requirements have been met. Patio Shelter Size: Window Location: Lot Coveraqe: PROPOSED 118 SF within 2' of property line 29$ ALLOWED/REQ'D 50 SF within 10' of property line 40% Meets all other zoninq code requirements. The recent floor area ratio calculations do not apply to the gazebo since it is not a project that qualifies as new construction. New construction includes construction of a new primary dwelling; additions to existing residences that increase the gross floor area by more than 50� of the existing floor area; or a remodel that removes more than 50� of the linear length of bearing and interior partition walls. Staff Comments: The Fire Marshal, Chief Building Official, and City Engineer had no comments. Required Findinqs for a Special Permit: In order to grant a Special Permit the Planning Commission must find that the following conditions exist on the property (Code Section 25.52.020 a-c): � SPSCIAL PSRXITS 1481 Benito Avenue (a) the proposed use, at the proposed location, 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; (b) the proposed use will be located and conducted in a manner in accord with the Burlingame general plan and the purposes of this title; (c) the Planning Commission may impose such reasonable conditions or restrictions as it deems necessary to secure the purposes of this title and to assure operation of the use in a manner compatible with the aesthetics, mass, bulk and character of existing and potential uses on adjoining properties in the general vicinity. Planninq Commission Action: The Planning Commission should hold a public hearing. Affirmative action should be taken by resolution. The reasons for any action should be clearly stated. At the public hearing the following condition should be considered: Conditions: 1. that the project shall be built as shown on the plans submitted to the Planning Department and date stamped May 24, 1993 Sheet 1- Site Plan, Section, Floor Plan, and North Elevation; and 2. that the project shall meet all the requirements of the Uniform Building and Uniform Fire Codes as amended by the City of Burlingame. Jane Gomery Planner cc: Hans Hatschek JD & Associates � c�o� o� ��c�a�� ° ° ° �C� °-G�4U00 l� 40 4C;1C� ° ° (��]U�JC� C�OO �1�10��0�1 �� Ty e of ARv/ication: �Special Permit Variance Other_ � i€� .. �';�n�_ Project Address /y8� g�� U� C1r� QF ��iJRL1►�GAME Assessor's Parcel Number(s) c� � -�� %-- / _'J -�, - `-' �� %- F�'��''�� t��E�� APPL/CANT Name: �9-�ii_D l�. �ia/s'�-nnla Add�ess: //2-O ��or9�c�J,9-v City/State/Zip: �c%Cu�lrS��s.tF LA 9�0/0 Telephone: (work) __�is- 3 5�Z - 7� ,� ��,�D . /S-3�?Z - D��7 ARCH/TECT/DES/GNER Name: � D � �Sso�-. Address: �ZZ g PP�t�or-r�- �L1� City/State/Zip: �uR�(�4�"�F � 94�0 !� Telephone (daytime): _ 3y3-�o/�/ PROPERTY OWNER Name: ��1 ?S G kEK Address: S�iZcp /�'J�,y� (�>i4. �.- City/State/Zip: blZro��i� v�-�-� C�4 `� 5�6 Z Telephone: (work) i��o��ei l- 9/� - ��9- �7of� Please indicate with an asterisk f•1 who the contact nerson is for ihis nroiect. PROJECT DESCR/PT/ON: Cfi Z�� D AFF/DA V/T/S/GNA TURE: I hereby certify under per��l_t1_ �of perjury that the information given herein is true and correct to the best of my krnrwrtedge and, be�fief.; ." %% �. /� � c �- � ✓��-' ' (o � Ann�� n*'s Sigr�ature n�rp �� /� �'' ��% � �`� C ��-�!�-� j ��'��(_ �� i�' �. � I know about the proposed application, and hereb �uthorize the above application. \,� � � �� 3 Property Owner's Signature ate ---QFFICE USE ONLY ---- applicant to submit this ----------------------------- � �, Fee � Date Filed: s '-' �� C� Receipt # Letter(s) to applicant advising application incomplete: Date application accepted as �omplete: � P.C. study meeting (date) P.C. public hearing (date) b- ��-- 9 3 , , �v.uTi.t,'�L p 7-! �- 9'3 P.C. Action �-} � � �!S +� � ria ,2�as Appeal to Council? Yes No projapp.frm Council meeting date Council Action � � � � � May G, f493 ,T�WI� � C�UN"�'�tY R��,,�,T�Y 1 t 2o gro�dway P,O. gox 1 g99, 8urlingam�, CA 9a011 (41 S) 342-7000 M�. David M. tonstantina cfo '�ow� & Coun�ry Realty 1120 Bro�dway suriir�g8me CA 94Q14 R�; 94$1 �eni�o Avenue, �ur�ingame CA Dear M�, Constdntino, As owner$ of the above captioned proper'ty you h�ve pu� author�sty ta dbtaln buiiding ��rmits !'or previously completed improve��nts to 1Q81 �enito Avenue. The specific areas fn question are: 1. ttte wster i��t�r; 2• the g�s, fat"ced a.ir furnace; 3. �the acc�ssory str•ucture 1pc�ted ta thp rear, of �he praperty;' unattached fsrom the m�ir� s�ructure. PlQase attach this aut�orizatian to the Per�it ApplfCa�ion Worksheet �equired by the City of Burlingame. Sinc r �y, i. ,; , � � 1 . . l�. R. Hatschek Fie�ene M. �tatschek , � � '� TRADIT"ION SIT�l�E 19�8 _ PF.c�FLE cERVING PE�PL� t� � �� i �''t F �,�� , � . ... TOTAL P.01 0 � � The ga2ebo will have little effect on adjoining properties. It is an unheated structure that will allow us to enjoy the serenity of our backyard in a structure that allows great visibility whiie blocking out the wind. The glazing around greatly e�ends the amount of days that the gazebo can be comfortably used. The gazebo has only one sma11 light and it is positioned well up within the exposed ceiling. This is not a starage shed or any area intended to be used as a workroom. The structure is very sma11 and will not effect the public's health, safety or general welfa.re. 2. The zone is R-1 and accessory structures are an allowed use which conforms to the Burlingame General Plan and Zoning Ordinance. 3. The gazebo is a sma11 accessory structure which is part of the rear garden environment. Many homes in the area have detached garages or much larger accessory structures within the rear yard. The gazebo is compatible with the mass, bulk and use in the general vicinity. CITY OF BIIRLINGAME 501 PRIMROSE ROAD BIIRLINGAME, CA 94010 (415) 696-7250 NOTICE OF HEARING The CITY OF BORLINGAME PLANNING COMMISSION announces the following public hearing on Monday, the 28th day of June, 1993, at 7:30 P.M. in the City Hall Council Chambers located at 501 Primrose Road, Burlingame, California. A copy of the application and plans may be reviewed prior to the meeting at the Planning Division at 501 Primrose Road, Burlingame, California. 1481 BENITO AVENLJE APN: 027-182-030 APPLICATION FOR SPECIAL PERMITS FOR AN EXISTING GAZEBO AT 1481 BENITO, ZONED R-1. If you challenge the subject application(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in the notice or in written correspondence delivered to the City at or prior to the public hearing. Please note, when possible, and when multiple family development is involved, this notice shall be posted in a public place on the project site and on neiqhborinq buildinqs with tenants. MARGARET MONROE CITY PLANNER June 18, 1993 � . 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CITY OF BIIRLINGAME 501 PRIMROSE ROAD BIIRLINGAME, CA 94010 (415) 696-7250 NOTICE OF HEARING The CITY OF BIIRLINGAME PLANNING COMMIBSION announces the following public hearing on Monday, the 12th day of July 1993, at 7:30 P.M. in the City Hall Council Chambers located at 501 Primrose Road, Burlingame, California. A copy of the application and plans may be reviewed prior to the meeting at the Planning Division at 501 Primrose Road, Burlingame, California. 1481 BENITO AVENIIE APN: 027-182-030 APPLICATION FOR SPECIAL PERMITS FOR AN ERISTING GAZEBO AT 1481 BENITO, ZONED R-1. If you challenge the subject application(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in the notice or in written correspondence delivered to the City at or prior to the public hearing. Please note, �hen possible, and when multiple family development is involved, this notice shall be posted in a public place on the project site and on neiqhborinq buildinqs with tenants. MARGARET MONROE CITY PLANNER Ju 2 1993 RESOLUTION NO. RESOLUTION APPROVING CATEGORICAL EXEMPTION AND SPECIAL PERMITS RESOLVED, by the Planning Commission of the City of Burlingame that: WHEREAS, a categorical exemption has been proposed and application has been made for special permits for an existing gazebo at 1481 Benito Avenue (APN 027-182-030�; (property owner: Hans R. and He_lene M. Hatschek. 1481 Benito Avenue, Burlingame, CA 94010 ); and WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on July 12, 1993 , 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 RESOLVED and DETERMINED by this Planning Commission that: 1. On the basis of the Initial Study and the documents submitted and reviewed, and comments received and addressed by this commission, it is hereby found that there is no substantial evidence that the project set forth above will have a significant effect on the environment, and a categorical exemption, Sec. 15303 - New construction or conversion of small structures Class 3(e), is hereby approved. 2. Said special permits are approved subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such special permits are as set forth in the minutes and recording of said meeting. 3. 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 12th day of Julv , 1993 , by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: SECRETARY . a Burlingame Planning Commission Minutes Page 10 July 12, 1993 ho e on E1 Camino, fence will help block noise and There�were no audience comments and the public hearingrwasdclosedacy. �� C. Graham 'no�ed Commission had approved another fence exc,eption about a block from''this home during the past year, this:-is a difficult location, applican� has done a good job with the f,e�°ce the are not objectionable-y,. she has heard no objecti.ons from the neighbors this evening. C. Graha��ound there were ex�eptional circumstances in the location'which fronts`on,Highway Road adjacent to a bus stop on El Camino, this will not create,.,a publ�.c""hazard, neighbors will not be materially damaged. She then moved �or approval of the fence exception with the following conditions:.;,..�°(1) �,that the project shall be built as shown on the plans submitted to the Planning Department and date stamped May 28, 1993, S�e�et 1- Site PT�r� and Sheet 2- Site Plan and Front Elevation; anc��'"(2) that the projeet shall meet all Uniform Building and UniforYd` Fire Code requirements a`-....amended by the City of Burl ingame . .--�'� ,,,, ,,.�r ' �•,.. Motion was.��seconded by C. Ellis who agreed with the ,findings made for excepti�C'ial circumstances and commented on his site visit°;�.,_he found he coulf� � ee over the side fences, most are only 6', some are��-less than 6'.�" Motion was approved on a 4-2-1 roll call vote Mink dissenting, C. Deal abstainin p, , Cers Jacok�s and g• ppeal procedures were advi�ed. .� 10. SPECIAL PERMITS FOR A GAZEBO AT 1481 BENITO AVENUE ZONED �t-1 �... Reference staff report, 7/12/93, with attachments. CP Monroe reviewed details of the request and required findings. Two conditions were suggested for consideration at the public hearing. Chm. Galligan opened the public hearing. David Constantino, representing the property owners, Hans and Helene Hatschek, was present. He distributed a booklet addressing this special permit application. No permits have been received for the improvements, he had two inspections of the property by building inspectors, there were a few minor discrepancies in installation of the water heater and furnace, they have replaced the window on property line with a one hour fire wall, owner states the gazebo will have little effect on adjacent properties, structure is very small and will not be detrimental to the environmentthmany homes ave larger accessor 1 struc of the rear garden yards. Y tures in their rear Mr. Constantino visited the neighbor at 1485 Benito directly to the north of subject property, this neighbor wrote a letter (July 12, 1993) which is included in the booklet submitted and states the gazebo has never had an impact on their property, it is screened by a fence and thick shrubbery. Mr. Constantino noted there are photos included in the booklet to illustrate these remarks. The Hatscheks are in the process of selling this property, a condition of purchase is that all � J � � Burlingame Planning Commission Minutes inspections and permits be taken care of. comments and the public hearing was closed. Page 11 July 12, 1993 There were no audience C. Jacobs referred to her site inspection, since the rear yard slopes down and there is a fire wall on property line she found no problem, it is a delightful back yard. C. Jacobs moved for approval of the special permit by resolution with the following conditions: (1) that the project shall be built as shown-on the plans submitted to the Planning Department and date stamped May 24, 1993 Sheet 1- Site Plan, Section, Floor Plan and North Elevation; and (2) that the project shall meet all the requirements of the Uniform Building and Uniform Fire Codes as amended by the City of Burlingame. Motion was seconded by C. Kelly and approved 6-0-1 on roll call vote, C. Deal abstaining. Appeal procedures were advised. Vice Chairman Galligan returned the gavel to Chairman Deal. HILLSIDE AREA CONSTRUCTION PERMIT TO ADD A SECOND FLOOR AND AL� THE FIRST FLOOR OF THE EXISTING RESIDENCE AT 2760 BURLINC�7IEW DRIVE ZONED R-1 . Refere e staff report, 7/12/93, with attachments. CP Monroe reviewed details f the request, staff comments, required findings. Five conditions �ere suggested for consideration at the public hearing. Chm. Deal open�d the public hearing. James Chu present. He com�qented: they are proposing a s co d c tory 1 dditions trying not to bloc�.,any neighbor's view, the��e is no addition on the side which will affe�,t the neighbor acros�-°'the street, view of trees and sky from the break°�,�st area of the �eighbors at 2753 Burlingview will be affected. �•L„ ,� There were no audience commerrts in avor. Dan Erwin, 2753 Burlingview Drive, spoke in opposition: H� as lived here for seven attraction was the swee in vie years, the P g R� trees and sky, beautiful sunsets, if this permit is granted there �'`ill �e� a structure where his view of the sunset is now. Terry Mc oon, 2'��9 Burlingview Drive (across the street from the site): fr the markerrs it appears the second floor of the addition will be on e right side ast) of the house and will not impact his view. CP c�firmed that is c rect. There were no further audience comments an�the public hearing s closed. �� Commission comment�,� the redesign has solved one problem across the street and now anq'ther neighbor is impacted, i�t�'�s difficult to satisfy everyone; visitet� the neighbor at 2753 Burlingvi w and looked out his window, design,e`r has solved the McAloon's (2759 urlingview) problem but the Erwin�s view will be blocked by this addit �n, cannot support this application. �,� �,. -- -�- •- • • • •- , _ : _'.- ---- ■■■��N�■H■��M■■■N�■�■�H■ ---- - I■■q�■��1■■��■�■�■■�■■�NN��■ - i■�n�■��po��rrsra�■n■�■�u■■ _ i , �, , ��un��■��■■�■ �■N■ � � � � � ��■■nWG�■■■■�,�A�E��BN�a - - . � � . . ��■��■ ■ �■��Ii1�Y■■��NN�N ■ 1! R�I � (' -- --- � '� � �-�-r- SSU INTERIOR o7�o'lO. 2ESIDENTIAL e-r�'i ZS �"OYy 7•,dcc�i�. /aA - ` �-� � e J EXTERIOR W/ �" � ;� _ , ROOF o_ 1 _ '•� ` Y �" FOUNDATION r � CON6TRUCTIi �..; n f ! .. I . BASEMENT r � _ �^ � OARAOE �r , _ . � � 4 e u � ' - , OUT SUILDIN / � .' . � /%- / � 0 � �n� � � � �• CONDITIOH t r ,x,� 3 / a2� i-'vJ ti --- s 1 � ' - Y GL �✓ ��;- ' - r�' 6 a-� _�. ..-- - �Y�- . � �r:y�- �+ � _i i r :�� ''_� / ' r 7 'J.� USE�OMMERCIAL � ? � i Y D/� � ; � , . �I CEILINGS �J , } � ! i — �---+ + +. � :.: µ 1 i � .. .�- � ; � :, +'C Y -- :. . i �� — - +-�- -� �-r �.. ' ' ' � -�; 1 , �-1 - " -i i -C�-- - t - -- — ---- 'inisH ' } j--r �-r,}- � l•� Q r * � . S fG(iGr 0 - *- �- _ « BATHS NO. FLOORS � 4�0 � '_�_. � i r ��y_ +_ WAINSGOTING y ♦ � � � � /�- -f� ',. �� a ,r.a't �- _.+ r.• : � (iG(Ql_L—L�`k1S[=�C' -_ . . . . PLU ING FRONT OF HOUSE $ S+,�N M� �,� �? Q� j� 1 Sfd�� Yrolf `� r� eu� o N r o5terrur5 a. 1 /��FT.Bid'�PERSC.FT. f�/L�L�p _ f {' ';�4 f � Sh � '�� - --i - LIGHTIN6 6ARAG! I e SQ• FT. 8 f PER 50. FT. i ---1-- .- HEAT�NG OUT BUILDIN65 ---- ��--- �--� �� j, (,� -1 � � Y. � ��!' C;�� L __ S. FT. f PER SG. Ff. WATER HEATER TOTAL s.�/�tLQ,I -_ r' �-r � ----- - FIREPLACES❑ ' O �• � '^ !r ` - ^ ' ��n C✓e�c � i��_„__ � DEPRECIATION i � _ _____.._.___-. _-. �--- _- ---- BUILT.IN FEATURES tLF�GO � �!_ r.' � �?/".�G PRESENTVALUE S�zOO �_ � �" � n �rC�1l+�.y'�.p, �.%NS �iP�t__ 3QSG/MP.h�'t _ _ ._ _ _REAL�FyTA A i9 t�• �1�'SCrS ✓4i7Q%!',}�,C'�� i ��'Jf�t H�,SP T AL ES A 7 ��'�� ti^ •+ �,� C' M��' OWNER'6 VALUATION RENTAL e �,o tib.r I LAND VALUATION �'�Q.�l. ______ _______._________.__.__ FRONT._____,______DEPTH __ _______ _.. _ . AREA _UNITVALU[__ ._...._COMPUT[DVALU!___ -- -------- - - - -- x - - — -- - - - — -1 G .S a -__- x -Q-v"�-- ------ -- � - --- ---.. _ _ . .. - -- - -----�---- -- --------- ---- --- -- -- �- --- ----------------------'------ � ,� M%�S _____.._ .__-_ __ x _-_ _____. ___.._-.-_.—_ TOTAL LAND VAIU[ s • _�"�`" �_:? �.t �_ ----- - - _ --- _ __ _- --- -- --_ _ _ - -.. _ --- - - - ------- ,/6.f�0 E ---- -- - --- — - - -------- ---- �z 7 _ S2 . � i?=�� ----- -- ---------- --- - - - - -�1-------- --