HomeMy WebLinkAbout1000 Bernal Avenue - Staff Report���,��,
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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.
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�� 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.