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HomeMy WebLinkAbout1000 Bernal Avenue - Staff Report���,��, � ,., P.C. 10/28/91 Item # �- MEMO TO: PLANNING COMMISSION FROM: PLANNER SUBJECT: SETBACK VARIANCES FOR REAR YARD AND SIDE YARD AT 1000 BERNAL AVENUE, ZONED R-1 Applicant and property owner Michael Martuscello is requesting setback variances for rear yard and side yard at 1000 Bernal Avenue, zoned R-1. The existing one story, two bedroom, one bath house (2,061 SF) is adding a master bedroom and bath (484 SF) creating 2,545 SF total (26.5$ increase). The new one story addition will have a 3'-0" side setback where the code requires 7'- 0" (C.S. 25.66.050). The rear yard setback will be 12'-0" where the code requires 15'-0" (C.S. 25.66.050). Al1 other zoning code requirements have been met. Staff Review City staff have reviewed this application and had no comments. Applicant's Letter In the applicants' variance application of September 25, 1991 he notes that the lot has an unusual shape with a creek along one side limiting the area for additional construction to the rear of the lot. The existing house is small with only two bedrooms and one bath. The addition of the master bedroom and bath will greatly enhance the use of the property. It is not feasible to add a second story at this time due to excessive costs, difficult foundation work, and the time required for remodelling. The side setback variance for 3'-0" is on the part of the property adjacent to a parcel in Hillsborough (15' X 297') owned by the applicant. Since this 15' wide parcel is vacant in reality it creates a 18'(3' + 15') side setback. This long, narrow parcel can never be built on due to its shape and configuration. The new addition has been stepped in the rear so that it is no closer than 12' from the rear property line. The rear neighbors house is approximately 50' from our new addition and would pose no privacy problems. We have designed this addition to match other ranch style houses in the area and it will not be detrimental to the neighborhood. 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. Affirmative action should include findings made for the variance requested. Reasons for any action should be clearly stated. At the public hearing the following conditions should be considered: 1. that the project shall be built as shown on the plans submit- ted to the Planning Department and date stamped September 26, 1991 Sheets 1 and 2; and 2. that the project shall meet all Uniform Building and Uniform Fire Code requirements as amended by the City of Burlingame. Jane Gomery Planner cc:Michael Martuscello STAFF REVIEW OF APPLICATION TO THE PLANNING COMMISSION I. Project Address: 1000 Bernal Avenue II. Project Description and Permits Requested: Setback Variances for Rear Yard and Side Yard at 1000 Bernal Avenue, zoned R-1. The existing one story, two bedroom, one bath house (2,061 SF) is adding a master bedroom and bath (484 SF) creating 2,545 SF total (26.5� increase). The new addition will have a 3'-0" side setback where the code requires 7'-0" (C.S. 25.66.050). The rear yard setback will be 12'-0" where the code requires 15'-0" (C.S. 25.66.050). All other zoning code requirements have been met. III. Property Identification: Assessor's Parcel Number(s): 026-185-060 County: San Mateo Lot No: Portion of 3&4 Block No: 33 Subdivision: Easton Addition Burlingame No. 2 Lot Size: .22 Acres Zoning: R-1 General Plan Designation: Low Density Residential IV. Existinq Site Conditions and Adjacent Land Uses: Existing single story residence located next to Sanchez Creek and Hillsborough. The southern portion of the property includes a 15' X 297' strip that is located in Hillsborough. Surrounding land uses are single family residential with an R-1 zoning and low density residential General Plan designation. V. CEOA Status: Categorically exempt per CEQA Code Section 15301 Class 1(e) Additions to existing structures provided that the addition will not result in an increase of more than: 50� of the floor area of the structures before the addition, or 2,500 SF, whichever is less. VI. Project Data: Proposed New Construction: 484 SF Total - Master bedroom nd bath one story addition Existing Area: 2,061 SF Total - Two bedroom, one bath with an attached garage, one story house Proposed Percent Increase in Area: Front Setback: Side Yard Setback: (north side) Required 15' or Avg. "r��� 19� - 2,545 SF Total Proposed 51' 8'-6"(existing) Side Yard Setback: 7'-0" 3'-0"(existing) (south side) * 3'-0"(proposed) Rear Yard Setback: 15'-0" 7'to 36'(existing) * 12'to 22'(proposed addition) Lot Coverage: 40$ 26.5� Building Height: 30' or 22 stories 15'-6" Declining Height Envelope: O.K. On-Site Parking Spaces: one covered one covered one uncovered one uncovered * Side Yard and Rear Yard Setback Variances required for the new one story addition. PLANNING DEPARTMENT CITY OF BURLINGAME CITY HALL - 501 PRIMROSE ROAC APPLICATION TO THE PLANNING COMMISSION , BUR�INGAME, CALIFORNIA 94010 Type of Application: Special Permit ✓Variance Other Project Address 1�'C� ��-'�n.��� �se-- Assessor' s Parcel Number ( s ) �'1- (� �' � �' �j � �� C� APPLICANT Name :�\ �"1��.�1 '�' 1` 1,Cf,Y` � l3Sc C'�� Addres s : ��C`� • � �� 1� � � Z-1 �i PROPERTY OWNER Name : � \L��� % . �'Y'� S� �O Address : � C�C�� �,��N1,E1� /QCU'�- '� City/State/Zip ��i✓�q�,y�_�� City/State/Zip ��I,Y�Cf/}'��-� �`�'U�U � �tc'� 1 I Telephone: (Work) 3���i�{-35�Nr��� Telephone (Work) 3��j �74'�~� � ( Home ) .�`��1'' �� �'�"1"�'y" ARCHITECT/DESIGNER Name: Address :��'�,� Telephone ( daytime ) : �j�'��7�" �`j ( Home ) ��r-�Q�- 'J� 7 � �"�'L{- asterisk (*1 who is the contact per.son for this proiect. PROJECT DESCRIPTION C����il�� � S�Y�'1�- �'�1'il ('M�- ����'�'� �� ���� S� �� 5� � �� `c--2�; ,� ���,-�-� � t �,n� o AFFIDAVIT/SIGNATURE: I hereby certify under penalty of perjury that the information given herein is true and correct to the best of my knowledge and belief. _1.��� �� CC� �.�.�.�� i 2� �P Applicant�s Signature Date I know about the proposed application, and hereby authorize the above applicant to submit this application. / Property Owner's Signature Date -------------------------- OFFICE USE ONLY ----------------------------- �J X� 2/� Date Filed: �� ��"( � Fee 2�� Receipt # � Jv/ � Letter(s) to applicant advising application incomplete: ' Date application accepted as complete: P.C. study meeting (date) P.C. public hearing (date) G�FI P.C. ACtlOri � rnp '-� /1 S Appeal to Council? Yes o Council meeting date Council Action CITY OF BURLINGAMF SUPPLEMENTAL TO APPLICATION TO THE PLANNING COMMISSION FOR VARIANCE APPLICATIONS In order to approve a� application for a variance, the Planning Commission is required-to make findings (Code Section 25.54.020 a-d). Please answer the following questions as they apply to your property and application request to show how the findings can be made. A letter may also be submitted if you need additional space or if you wish to provide additional information for the Planning Commission to consider in their review of your application. Please write neatly in ink or type. a. Describe the exceptional conditions applicable to other properties in the or extraordinary circumstances or your property which do not apply to area. � 0�:�4�. ���cr b. Explain why the application preservation and enjoyment and what unreasonable prope might result from the denia " f • •' 4 � � �� request is necessary for the of a substantial property right rty loss or unnecessary hardship 1 of the application. c. Explain why 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. � �=�.4-�. �-v d. Discuss how the proposed 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. �� �,�-k�¢-f,� l�.s�� ......... .......:.. .... j <2<i r�eftit'zK�r+T�,�iS3a�S�til�3�f�;f?iifs� . ,:, ��7e.aX" �Y�:�r�� C'..C�vYIfV�� SS•G°'1 � �� - t---� --��- �Y-uz.� dF �Y 1.--� a� -t-hc� ��r.{ � -�he k"� , -Nn� c�i�-� v�c{ �r�.e r�e wc�s � ► �-4 -� � v'� s --�h.� � G�/�. �\�. ��� ���i�S � "�1�1�2_ �� Su;"�'�b� ��1,'Y�C? 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' ` ' �` O P a ;.ti t� �� � � 1��7 ��I''� i' �'J�.. b � � " , , � � ��.� • . . . . „ p �.. ., ; � � . ��� '�� I .x;. .��. � . � �.��� / 2T �F•�i .F ` . ,�x �QQ' /� � - ,.: 03 �:: ' �" '�''!;�' �. / ! �: , �„ � x� ��� ��, � /� , l� h " �,` . � z po �V� � i/ ��. / � � � � / �v p �+ � '3 �" ° ♦ �8 �� � `� Y��� 4,�g� Z� R � � // ' �' � � . �� � �� '� 14 � � � � ,._ ; x '��t , a`�:; .000 / � � � � �� � �,_�� ,�; �, , �� . - . �., �� � �� ������ � � , � �°oi _ � � �� `<�� � �; � �� ��� � � b / �� ., a�� � / �.� �,Q �� i�' �.. / � J� �'� •4V� , / � " E' 'V�� � C`,��1 .. �` � �, � � - � *' `�: �„ ;� � � H ILLSBORovbi� , � � . � b.� �, i _ s ���- y.� � �� . -_- � � " � � � ` ��;=; 1 �� - ��� � � �����'� � / . . � . _ _ ti /� ), '�''' . i �� A Text Consisting of: t� _�,•--'� City of Burlingame �` � 501 Primrose Road j Burtingame, CA 94010 -- I (415) 342-8931 �, I NOTICE OF HEARING i � The CITY OF BURLINGAME PLANNING COMMISSION announces the folloWing public � hearing on Monday, the 28th day of October 1991, at 7:30 p.m. � in the City Hall Council Chambers tocated at 501 Primrose Road, Burlingame, California. A copy of the application and plans may be revieued prior to � the meeting at the Planning Division at 501 Primrose Road, Burlingame, � California. �� .� E 1000 BERNAL AVENUE - APN: 026-185-060 � ,. APPLICATION FOR A VARIANCE TO THE REAR AND S1DE YARD � SETBACKS AT 1000 BERNAL AVENUE, ZONED R-1. THE SIDE SETBACK . NIIL BE 3'-0" LIHERE 7'-0" IS REGUIRED AND THE REAR SETBACK •' NILL BE 12'-0" WHERE 15'-0" IS REGUIRED. �• lf 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. 3 3 MARGARET MONROE 3 ClTY PLANNER I October 18, 1991 ...,�..r . . _. > .� . . . . • , . ��. •. ';•,��.�.�,; � ;.;.;. `�: F -•y Burlingame Planning Commission Minutes Page 4 October 28, 1991 . Kelly opened the public hearing. John Jones, applicant and p operty owner, was present. He advised they are not using their ga�age for parking currently, basically the children use it for a play rooiit,,pand his wife as a laundry room; the door is operational and h,e�� has had a•, truck parked there; with the addition they will have^�`��three bedroo�is and three baths. There were no audience commen�and the public he,aring was closed. �� �,.. � `a; During di�°cussion staff was asked to confirm 1� coverage, a Commissioner`'s,,thought it would be a little over ��, not 48%; CP reviewed C-R'�oning regulations. Comment: not wild about a large amount of lot c���verage for what is an R-1 use bu,��this lot is unusual because it is C-��,,zoning; if looked at as comme�ial, size would not be a factor, size of t�ie lot dictates lot covera , would be more inclined to allow increased ��ot coverage for this pe of use on this small 3,600 SF lot; regard��g a second story, clining height envelope on this narrow 40' lot w'�,uld reduce the a�ount of addition so that it would not be practica�,,, am somewhat,�reluctant to allow this lot coverage since a second fF]�oor is ava�able, it would be all right if over commercial. 4` � ���„ �,� �. �.. Do not have a problem with the` posal whether lot coverage is 460 or 48�, this is a 200 SF addit' on a small lot, the area is in transition, do not believe in 0 y� ,a,rs this will be residential, there will be more commercial in� he futtl,re; do not have a problem either, this is a mixed use, could ave comm��cial use lot line to lot line on California frontage and �ill allow a�ea for residential use on the second floor, this is 1 Ss than what co`t�ld be put on the site, it is a small lot, a small ad tion, they are trXing to do the best they can and still maintain c�racter of the neighb`"t�,�hood, it is a common sense approach; agree wit these remarks, this is`� difficult lot because of its size with un' ue zoning which defines lat coverage in two ways, Commission shou give options. With the stat ent the possibilities for expansiorr��are limited because the lot is � small, applicant should be allowed to,,imake the best use he can of s property, a second story would require f�rther variances, C. Graha moved to grant the variance for 48� lot ccs�erage with the followi g conditions: (1) that the project shall be bui`"�t as shown on the p ns submitted to the Planning Department and date st mped October 21, -991, Sheet 1; and (2) that the project shall meet 11 Uniform Bu�j'I'`�ding and Uniform Fire Code requirements as amended by t City of B},r��lingame. Motion was seconded by C. Ellis and approved 7-0 n roll �all vote. Appeal procedures were advised. � 4. SETBACK VARIANCES FOR REAR YARD AND SIDE YARD AT 1000 BERNAL AVENUE. ZONED R-1 Reference staff report, 10/28/91, with attachments. CP Monroe reviewed details of the request, staff review, applicant's letter, required Burlingame Planning Commission Minutes Page 5 October 28, 1991 findings. Two conditions were suggested for consideration at the public hearing. Staff and Commission discussed the fact that a portion of this property which is one lot with two assessor's parcel numbers is in Hillsborough. The possibility of annexing the entire lot to Burlingame was discussed. Chm. Kelly opened the public hearing. Michael Martuscello, applicant and property owner, was present. He commented on his two lots: he receives two tax bills for portion of lot in Burlingame and portion in Hillsborough and there is one legal lot description. He does not want to go through annexation procedures. On the city limits side he will be 3' from his own property in Hillsborough and therefore 18' from his nearest neighbor in Hi.11sborough; the addition will be no closer than 12' from the rear property line with a 15' average rear setback, he has talked to the neighbors and they have not obj ected; he has tried to maintain the character of the neighborhood. Applicant/staff/Commission discussed the two lots, there was a concern if one lot were sold; applicant did not believe anyone would buy the long, narrow Hillsborough lot, it could not be built upon. CA commented that required Burlingame setbacks stop at the city boundary, he thought it would be safer to treat this matter as a variance. Robert Shafer, 1008 Bernal Avenue, spoke in support: he lives across the narrow portion of the lot and had no objection to the project. There were no further audience comments and the public hearing was closed. With the statement the Hillsborough portion of this lot is not buildable, this is an unusual property, a classic example of exceptional circumstances, C. Graham moved for approval of the setback variances 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 September 26, 1991 Sheets 1 and 2; and (2) that the project shall meet all Uniform Building and Uniform Fire Code requirements as amended by the City of Burlingame. Motion was seconded by C. Mink. Comment on the motion: in its action believe Commission should make a determination that in fact a variance is required; Commission's action in granting the variance is not an idle act and it confirms Commission's finding that it is one lot; support the motion, the rear setback is no closer than 12' to property line and the nearest neighbor's house is quite a distance away. Motion was approved on a 7-0 roll call vote. Appeal procedures were advised.