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HomeMy WebLinkAbout1180 Carolan Avenue - Application, �,, ' � .� . �... ��E��f��. ....._.�....�_ �......._.,. � ������ � �. � A�v;�1CATI0c: Tt� '�`HC, i��.Ai�'talhC CE°1�;:�4�. �51 nN AN� :: i�"Y �;nUNC �:� df� TH� REG�i`��::,:.,t� J U i'J :� �r:� � � �� CITY (Dtr: vutii�.�N�Ai�E D�t� R���2v�d ..._ ..................._ ... .... .. .... Stuciy �ieeting ..._......_._........ .._...... ....... .. Publi.c Hearing ..,.._...... .. ._..,_........._ ............... CI'TY t3� �1►�LIN�A�i� ...:......_.._.._.�..� - ------�::: :___ ._ . ... _. _...._.. _._ .�. ...... _.�.�......---..`•..._.._�_.�.�_� z ant �ate��.......� /97Z ��� � c --�- �3 � /C�2 O a��,,ic .�.a.N.�.�......,..�...)..,....._...,l.R..T.EGz��.l.�.�1. 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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, � �.� �� . � i �� ►1 a t :i re .. _ . .�:k?'�C�•-....�G��.�-a-�-�-n� D a t e.... .. ..._..�; _l'9 % 2— • � -, ��„ �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 .. . � _ 2 _ .i�. 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. y . . , 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. } � , � -.2 - 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 � , . . - 3 - 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