HomeMy WebLinkAbout1180 Carolan Avenue - Application,
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Exhxt�it� l =^� instrvctior.$)
1, Letter �f �x��ianation
2. ;•iaps �r �li.a� rams
3. Qther su; ��orti.nr �at�
Fee. Forty Dcl�ars (440.OQ� �ayai�le ta the City of �urlingame.
Applicatxon: I, th� ��nclersiZ�r�eu oe,mer (ur a�ent of ''�=e u�rner) af the
`tY'Ch�rLy c3�SCT3,�'�Pcl herexn Gc% `�ere�y r.�a1:e an,r,ii��tion
fnr :c �:�ac;ial �err�zt of the nature set forth above, in
accarc.�ance t�it'� tl;e ;�:�c��i.s? �ns nf z':ze �r�jnar.c� Cc��i�
of tti�e Cit�l o£ 3urlin; ar�e, an�� I hexe'-�vi certifv that
tS�e ir.forration �iven herein is true and carrect to tit�
best of :�y kno�:l.�d�e and be2ief.
'es�,ect*.�llv s bnitted,
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�TE[E CITY OF BURLINGA,•IE PLANNING CObQ�iISSION
� August I4, 1972� �'
CO�L�fISSIONERS PRESE?JT COi�fi�iISSI0:IERS ABSENT OTfIERS PRESENT
Cistulli
KlAClla
Norberg
Sine
Taylor
Jacobs (excused)
Nlink (excused)
City Planner Swan
City Engineer Afarr
City �lttorney Karmel
Planning Aide ilendrickson
CALL TO ORDER
An adjourned nteeting of the Burlin�an�e Plantiing Comraission, from
the regular meeting of July 24, I972, t�ras called to order on t3ie
abvve date at 5:00 p.r.►., Cliairman Cistulli presiding.
ROLL CALL
The a'oove-named members were present. Commissioners Jacobs and
I�tink �ti�ere excused, having given previous notice t}iat business con-
mittments prevented tiieir attendance. . �
HEARIIVGS :
1. SPECIAL PER�IIT FOR ESTABLIS[;`IE�T OF RETAIL STOF'.E IN AV i�i-1
DISTRICT AT 1180 C�ROLA�' AVENUE (APN 026-233-010) BY DO�ALD D.
TATEOSIA�T.'
Chairman_Cistulli announced this.item for hearing. ,`�Ir. Tateosian
stated that he wished to present t�ao docuizents : Grant of Easer�ient
between Oscar F. Person and Rector Cadillac Company and Donald D.
Tateosian, gralitin� easement for parking only, not exclusive, for
a period of five years, and Crant of Easenent bet���een Oscar F.
Person and Rector Cadillac Coinpany and Donald D. Tateosian, grantin�
easement for egress only, not exclusive, for a period of five years.
Air. Tateosian thouoht t}iese docur�ents would support and assure the
parking spaces and egress riohts rec{uired by code for grantino of
the permit. �
City Attorney i�armel observed tliat the major probler� had been off-
street parkino and circulation, that the comr�issioii sug�ested parking
be�, on the easement and circulation be effected t}irouo}i egress on
Rector Cadillac prer�ises. T1r. Karmel stated he and �Ir. Tateosian
had agreed right-o£-way across [and on] tfie Oscar Person property,
Rector Cadillac, tenant, sliould be obtained, thus resolving the
problem. fie ���ould ask the engineer's uffice to clieck the descrint�on
to see it proved satisfactory. - -. �
Commissioner Taylor noting that the easement was not exclusive,
wonclered if the o��ner of the land could enter into some other aGree-
ment. This could account for t�co parking spaces . G�loulcl t,iis iitter-
fere Wlt}1 the Guyselnan easem.ent? City Attorney Karrnel thoti��it
since this iiad been resolved, tlle parking difficulty had been resolveci.
Commissioner Kindig asked for clarification on blr. Tateosian's reQuest
to keep t}ie �asol�ine pump in servicc. l�tr. Tateosian fzlt tliat as the
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whole building ti��as sprinklerecl and as the fire inspector had said
that if in active use the oas pump coulci remain, it would bc ad-
vantageous for t}ie present tenants and an asset to the property.
Conmissioner Sine expressed concern as to additive parking. �Ie also
referred to lack of a permit for t�te present sign, illegally installed.
Nir. Finkelstein, attorney for �lr. Dimicelli, stated that he �iad recom-
mended the sign be covered for the tirie being. Commissioner Sine re-
minded him t�iat an application by the antique store for a sign permit
was still necessary.
Cor.unissioner Taylor moved that the special permit for establishment
of a retail store in an �i-1 district at 1180 Carolan Avenue by Donald
D. Tateosian be granted conditionally: 1) The clocuments submitted
be approves by tj�e City Attorney and City Engineer, and 2) that
the application be limited to and extensive krl��l t}ie life of t}le
lease, not to exceed five years. i•(otion was carried 5- 0 oii the
following roll call vote:
AYES:
NOES:
ABSEVT:
CO;���IISSIONERS KINDIG, 1VORBERG, SINE, TAYLOR, CISTULLI
NONE . .
CO�L�IISSIONERS JACOBS, AiINK
2. SPECIAL PERI�IIT FOR E1 LADIES Rf:ADY-TO-jVEAR STORE Iv AN �1-1 DISTRICT
AT 1047 $ROAD1`�AY (PORTIOar' OF AP� 02G-233-010; OjJ�ED BY DONALD D.
Ai�'D N. L. Tt1Tfi0SI�i�1) BY RHODA S�-IALL. ___ �
Neither '�-Irs. Small nor a representative responded when Chairrtaii
Cistulli annouiiced Ite�n 2 open for hearino. City Planner Swan ad-
vised the commission that only verbal notification of appli.cation
withdraiaal had been received from �irs. Rhoda Sna11. At that time,
she k�as informed that a letter stating her intention was required.
However, because the-application fee �ras not refundable, �irs. Small
indicated there [probably] �,�oulcl be no further commuiiication. The
City Planner stated a letter from the Folice Department giving the
traffic circulation in that area had been received but review would
seem academic.
Chairman Cistulli observed that there was no proof to file of the
fact that �irs. Small was witlidrati�inj the application. If t�ie r�otion
were tabled, it �tiould continue to be carried, serving no purpose.
It was notecl ttiat application rejection would apply only to �•irs.
Small, not to the property o���ners. -
ComMissioner Taylor moved that the�application for a special permit
for a Ladies Reacly-to-lVear Store in an D:-1 district at 1047 Broadtiti�ay
by Rhoda Small be denied. I�totion was" carried 5- 0 on the follo��-lIl€,T
roll call votP:
AYES:
�OES:
ABSF.�T :
CO��I�•(ISSIO�ERS �I:v'DIG, NOP.BERG, SI:`rE, TAYLOR, CISTULLI
;dO:vE '
COP,[�IISSIO�ERS JACOI3S, i�[I�JK
Chairr�an Cistulli adjourned tlie adjourned meeting of July 24 at
8:40 p.m. to the•regular study meeting of August 14, 1972.
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THE CITY OF BUP,LINGAr�2E PLANNING COMI�II SSION
July 24, 1972
COMR4I SSIOrTEP.S P RE SErIT COMMI S SIONERS AIlSENT OTHERS P^�E SENT
Cistulli
Jacobs
Kindig
Mink
Norberg
Sine
Taylor
CALL TO ORDER
None City Planner S�an
City Engineer Marr
City Attorney Karmel
Planning Intern
Hendrickson
Councilman Cusick
A regular meeting of the Burlingame Planninq Commission was called to
order on the above date at 8:00 p.m., Chairman Cistul.li presiding.
ROLL CALL
The above-named memb�rs were present.
MI nTi7'I"� S
The minutes
of Jul.y 10,
adopted.
HEA:�I NG S :
of the regu�ar meeting of June 26, the adjourned meeting
and the study meeting of July 10, 1972 were approved and
SPECTAL PERMIT FOR A NON-PROFIT ASSOCIATION OFFICE AND MEETING
SPACE AT 1448 BELLEWE AVENUE;, CENTER 50 ` x 125' OF IAT l,
BLOCK 8, BURLIDTGaP4E LArID CONIPANY, MAP ,�$2, (APN 029-111-130)
ZONED R-4 BY JOY CENTER, INC., DONALD DENNY,_BUSINESS P�NAGER
At the onset of the hearings, Chairmar. Cistulli announced that this
appJ_ication had been withdrawn by Joy Center, by letter dated
Ju1y 23, 1972 signed by M. Arthur Gump, Program Director.
1. SPECIAL PERI`�IIT FOR ESTABLISHME�IT OF ZETAIL STORE IN AN M-1
DISTRICT _AT 1180 CAROLAN AVENUE (APN 026-233-01) BY DODT�,LD D.
TATEOSIAN
Chaizman Cistulli announced this twice-continued item for hearing.
Secretary Jacobs read a communication dated June 28, 1972 from
Johr. I,. Rectoz of Yector Cadillac stating he would have no objection
to allowing customers of the proposed antique shop exit behind his
buil.ding onto Cadillac Way. He also read a letter dated June 30,
1972 from A. H. Gaff�_n, owner of Burlinc�ame Animal Hospital, stating
he felt the proposed antique shop would be far superior to the previous
tenants.
Mr, T3t�osian addressed the Commission. He stated he tho���ht that
in askinc� for this specizl oermit for on_ly one per_son and this type
of b�.�siness, he was actually allevi�ting the parking situation. The
previous tenant, Penir.sul.a General Ti.re, had three employee cars and
8- 9 trucks. He commented this a].most blocked the easement.
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Chairman Cistul].i reminded Mr. Tateosian that at the June 25th
meetir_, it �aas emphasized that the easement should not be used fo.r
parki_ng, and he was to submit leqal documentation regard�_ng the
easement so that the problem of possible abandonment could be
discussed.
City Attorney i:�rmel added that �.t this last meeting it was the
consensus of Commission opinion that if this applicatior_ were granted,
off-stre�t parking had to be furnished and a circu_lation pattern
provided. The applicant now proposes to use the easement on the
property both for parking and for traff_i.c circulation. This raises
questions about the nature of the easement, who the owner is, and
whether circulation must be provided on the Oscar Person or Rector
Cadil]_ac property. Mr. Tateosian was asked to furnish title
insu.rance policies for examinati.on by staff so that ownership of the
easement could be determined. At the adjourned meeting his representative
brought the pol�_cies but was not able to leave them for examination.
The City Attarney stated that tonight Mr. Tateosian had produced
documents cahich show that the easement for egress and ingress was
granted to Dr. and Mrs. Guyselmans. If the variance is granted with
the easement to be used f_or circulation witY� ec�ress on Carolan, a
future easement would be required from the owner and a right to use
the Rector Cadillac or Person property. He asked Mr. Tateosian if_
the successor to Dr. Guyselmans would surrender his easernent, and
Mr. Tateosian replied he would not.
M.r. Tateosian went on to say that he could get any kind of document
fr_om Mr. Rector with ri.ghts texminating at the end of the lease of
the tenant. Also, that he had talked with a repr.eser.ta�ive of Mr.
Person who wou].d give a verbal agreement for_ use of the land. He
commented that everyone uses it now without permissi.on.
Na one in the audi.ence was either in favor of or against the
appli.cation. The public hearing was declared closed.
Commissi_oner Si_ne commented that the City Attorney's suggestions
were always wise, but added that he was sympathetic with t�e applicant
and felt the parking could be worked out and flow of traffi.c maint�ined
so that it would not be necessary to back out on Carolan. He voiced
extreme disapprova� of the tenant's husband who had becoma arbi.trary
at the recent study meeting, and who had beleaguered City staff as
well as Council with his opinions on this a�plication. Commissioner
Sine nated the tenznt had obtained a business license on the 13th
of June, had alr_eady moved in the location, and already is in business.
A sign is up and no sign permit granted,
Commissioner Norberg thouaht a vote should be taken. Commissioner
Mink stated that the parkinq should be straigh�:ened out or the
applicati.on denied. Commissioner Taylor was annoyed that this
api]_�_cati_on h�d been presented at s�veral meetings with st�lt no
an.re�m�r.t c�n the ea��-ner.t or unde.r_sta�dinc� �•aith the arplic��nt. He
felt if �:r. T�i�eo�ian did not wish to compl.y �aith t.he wi.s�es or the
Comm?ssion the application shoul.d be denied. Commissioner Kindi.g
thought the easement shoulcl be finalized ar.d disapproved of the
tenant's use of the gasoline pump. Commissioner Jacohs sugc,ested
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Mr. Tateosian be given the opportunity to w�.thdraw his application.
This was suqgested by the Chair, but Mr. Tateosian stated he clid not
comprehend wherein he had not already satisfied the wishes of the
commission. Chairman Cistul�i informed him that if the application
were denied, he could no� apply aga�.n f-or a year, and suggested a
continuance. Mr. Tateosian did not indicate his wishes, and
Comma.ssioner Sine moved that this application be continued to the
adjourned meeting of August 14 to allow the applicant ti.me to get
a11 necessary information. Commissioner Mink seconded the motion
and it carried by voice vote.
2. VARIANCE Td ALLOW UPGRADID?G THE EXISTING APARTP+IENT BUILDIDIG AT �
1452 BELLEVUE AVE?�TLTE, BEING STiV 50 FEET OI' IAT l, BLOCK 8,
BURLID7Gt1'�'IE LAD?D COMPaNY A'LA.P NO. 2(APN 029-111-140) ZOI�'ED R-4,
BY JA:�IES GONG �TA�LED AT JUNE 26 u..�ARING)
Commi.ssa.oner Cistulli introduced this appl�_cation for hearing.
Secretary Jacobs read letter from G. K. Curtis, g�neral coiztractor,
substantiating the request for variance. City Planner S�van revieti,�ed
the application, statinc� that this building is now non-conforming
and wi11 remain non-conforming even after_ the improvement. He
commented on the Fire Inspector's report, stating that this wou].d
be considered a three-story buildinc�, since there are common areas
remaining at ground level such as laundry and garage. In a three-
story bui?ding each living unit must have �wo exiL-s. One unit as
1452 Bellevue c7oes not have a second exit. He continued that the
gxound level w�ll be remodeled to pr_ovide a maximttm ten parking
spaces, of which five in the rear would have to be small car parking
spaces. The City PlanneY suc�gested that this application be accepted
on its own merits or suggestions made as to how it could be improved.
He showed slides of thP driveway between the apartment and the
adjacent dwel]_ir_g and of the garage on the grour.d floor, commenting
on the inadequate height and builda.nc� f.oundation.
There was no one in the au�3ience either in favor of or ac,rainst
this appl-ication an� the publi.c hearing was declared closed.
ACKI�O i�TLE DG:�IE L�rI'
At this point, Chairman Cistulli acknowledged the presence of
Co�lne�_7_man Cusick i.n the audience.
C�_ty Engineer Marr co:nmer,ted an the application. He stated the
pa.rking arrangement was horrible in that every car would ?�ave to back
out or_to the street. In additi_or., if a proposed f�r.ce is built
alonc� t�e proper_ty line, it would restr.�_ct access to the rea.r huildi.ng
and thi.s mi�ht cause a problem far the_Fire Department. F-ie conceded
that curb ct�ts amountinc; to 70/ o.f the street fr_ontage could be m�de
for the drive�.��ys, but this would el�_minate or.street parking space.
Con��issi.oner r7orb�rn thay.ghi� trat since the builclinr is ?�an-cona or,;.l�._r,�
anc3 ;�h� parki?�g situation ve_ry b3d, th� applica.t� on sho�?.?d re deni.cci,
Commissione-r Sine established the fact
been 1?. units, and now there would be
only f_ive parking'spaces and now th�re
result in getting several cars.off the
s that previously there had
9; previously there had been
would be 10. This wou_ld
street. He agreed that the