HomeMy WebLinkAbout1232 Cabrillo Avenue - Staff Report.
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�::;X:�:. STAFF REPORT DATE �_ �_�_
HONORABLE MAYOR AND CITY COUNCIL
SUBMITTED
BY
March 13, 1995
F�oM: C'TTY PT.ANNF.R BYPROVED
s �=-' E � T: APPEAL OF THE PLANNING CONIlVIISSIONS DF.NIAL OF A FRONT SETBACK
VARIANCE AT 1232 CABRILLO AVENUE, ZONED R-1.
RECOMMENDATION:
City Council should hold a public hearing and take action. Affirmative action should be by resolution
and should include findings for each variance. The reasons for any action should be clearly stated for
the record. (Action alternatives and criteria for findings for a variance are included at the end of the staff
report. )
The Planning Commission considered the following conditions for the front setback variance:
1. that the project shall be built as shown on the plans submitted to the Planning Department date
stamped February 8, 1995, sheets 2(foundation and basement plan), 3(main and upper level plans)
and 5 building elevations);
2. that within 30 days, a property survey shall be made and submitted with revised plans to the Building
Department in order to meet the requirement of the city En,gineer's February 9, 1995 memo;
3. that the requirements of the chief Building Official's memo (2/13/95) shall be met;
4. that within 30 days from Planning Commission action on this project, the applicant shall submit
revised plans- denoting the walls at the front of the building as new and sha11 pay all applicable fees
to the Building Department; and
5. that the project shall meet all the requirements of the Uniform Building and Uniform Fire Codes as
amended by the City of Burlingame.
6. that construction plans for the project including construction of the foundation and walls for the front
and left side of the structure shall be submitted to the building department for plan check and
structural engineering review;
7. that all portions of the foundation built at the front and left side of the structure shall be excavated
for inspection as determined by the structural engineer and Chief Building Official;
8. that an amended building permit shall be obtained including a penalty fee for getting a permit after
work had been completed.
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3.20:93
' APPEAL OF THE PLANIVING COMMISSIONS DENIAL OF A FRONT SETBACK VARIANCE AT
232 CABRILLO AVENUE, ZONED R-1.
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For the variance for driveway dimension the Planning Commission approved the following conditions:
1. that the driveway setback shall be 9'-2" as shown on the plans submitted to the Planning Department
date stamped February 8, 1995;
2. that the project shall meet all the requirements of the Uniform Building and Uniform Fire Codes as
amended by the City of Burlingame.
Planning Commission Action
At their meeting on February 27, 1995, the Planning Commission held a public hearing and voted 6-0-1
(C. Kelly absent) to deny the 8'-8" front setback variance and voted 6-0-1 (C: Kelly absent) to approve
the parking variance for drive way dimension (9'-2" requested, 9'6" required). In their action the
commissioners noted this is a new structure and no longer fits in the non-conforming category, there are
no unusual circumstances on the lot and therefore no findings for the front setback variance. For the
parking dimension exception the commission noted that the driveway is only 4 inches smaller than
required, this distance has existed and the driveway has been useable for many years, and that the
conditions should be revised to address only the driveway exception.
BACKGROUND:
Jack McCarthy, designer, representing Thomas O'Connor and Elizabeth O'Sullivan are requesting two
variances in order to build a new single family dwelling at 1232 Cabrillo Avenue, zoned R-1. The
variances are for: front setback, 8'-8" requested, 15' required, and parking, substandard driveway width
9'-2" requested, 9'6" required. The new house would have two stories and would have 2,964 SF of
living area with four bedrooms, three bathrooms, a game room and a family room. The framing of the
entire structure is in place.
This item came to the attention of the Planning Department when a neighbor asked how the house, which
appeared to have been dernolished, was allowed to extend so close to the street. A search of the Building
Department files showed that on August 9, 1994 Mr. O'Connor had submitted an application for a
building permit to remodel the house. The Planning Department's plan check showed that most of the
front wall and foundation and the wall and foundation on the left side of the house were being retained
and unchanged as a part of the remodel. The remodel and second story addition was to occur at the rear
of the structure. The existing front setback was 8'-2" and the existing driveway width on the left side
of the structure where the wall was retained was 9'2". The retention of these walls and the one story
portion of the structure allowed the applicant to retain the non-conforming front setback and driveway
width without Planning Commission review.
Subsequently the applicant noted that they found a problem with the foundation of the portion of the front
wall foundation which was to be retained. They removed and rebuilt the exiting wall and the left side
wall and replaced them. In this process they reformed and raised the foundation under these walls. New
stud walls were installed. The Chief Building Official inspected the site at the Planning Department's
request and stated that it was now a new house not a remodel and the project would have to comply with
all the UBC and UFC requirements for new construction. The project was red tagged and the designer
.
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3:2Q:9�
APPEAL OF THE PLAI�iNING COMMISSIONS DEIVIAL OF A FRONT SETBACK VARIANCE AT
232 CABRILLO AVENUE, ZONED R-1.
page -3-
was notified by the Planning Department that an application would have to be made for the variances as
if this was a new house.
Planning staff have put together a chronology of building permit actions and inspections for this site.
(attached) The history on the foundation is somewhat confused by the fact that after the building permit
for remodel of the house was issued on October 17, 1994, Mr. O'Connor requested two amendments to
the rear and right side foundation in order to add a habitable basement area (November 9 and November
18). A review of the plans checked and still on file in the Building Department note that neither of these
revisions included any change to the notes that the existing front and left side foundations were to be
retained. Therefore, no building permits have been issued for any of the work done on the portion of
the front and left side foundation and walls presently in place. If these were to be retained, the applicant
would need to submit as built plans for the structural engineer to check, excavate a portion of the
foundation for inspection, and get a retroactive building permit with penalty fee.
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1232CABdt.209
ATTACHMENTS :
Action Alternatives and Criteria for Variance Findings
Monroe letter to Jack McCarthy, March 7, 1995, setting hearing
Elizabeth O'Sullivan-O'Connor and Thomas O'Connor letter to Planning Commission , February 28,
1995, requesting appeal.
Planning Commission Minutes, February 27, 1995
Sigrid and Hans Geiger letter to Planning Department,February 14, 1995
Eugene and Gloria Bordegaray letter to Monroe, February 22,1995
Chronology or Plan Submittal, Plan Check, Inspection and Inspectors Comments at 1232 Cabrillo
Avenue, March 10, 1995
Planning Commission Staff Report, February 27, 1995, with attachments
Map of Public Notice Area
Notice of Appeal Hearing, March 10, 1995
Resolution
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ACTION ALTERNATIVES
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1. City Council may vote in favor of an applicant�s request.
If the action is a variance, use permit, fence exception or
sign exception, the Council must make the findings as
required by the code. Findings must be particular to the
given property and request. Actions on use permits should
be by resolution. A majority of the Council members seated
during the public hearing must agree in order to pass an
affirmative motion.
2. City Council may deny an applicant�s request. The reasons
for denial should be clearly stated for the record.
3. City Council may deny a request without prejudice. This
action should be used when the application made to the City
Council is not the same as that heard by the Planning
Commission; when a Planning Commission action has been
justifiably, with clear direction, denied without prejudice;
or when the proposed project raises questions or issues on
which the Council would like additional information or
additional design work before acting on a project.
Direction about additional information required to be given
to staff, applicant and Planning Commission should be made
very clear. Council should also direct whether any
subsequent hearing should be before the Council or the
Planning Commission.
VARIANCE FINDINGS
(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.
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GTY HALL - 50i PRIMROSE ROAD .e� (415) 696-7250
PLANNING DEPARTMENT BURLINGAME. CALIFORNIA 94010-3997 rnx (4i5) 342-83H6
March 7, 1995
7ack McCarthy
5339 Prospect Road #311
San 7ose, Ca 95129
Dear Mr. McCarthy,
At the City Council meeting of March 6, 1995 the Council scheduled an appeal hearing on your
Front Setback Variance and Parking Variance applications at 1232 Cabrillo Avenue, Zoned R-1.
A public hearing will be held on Monday, March 20, 1995 at 7:30 P.M. in the Council
Chambers, 501 Primrose Road.
We look forward to seeing you there to present your project. Please call me if you have any
questions.
Sincerely yours,
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Margaret Monroe
City Planner
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1232CABR.acc
c: Elizabeth O'Sullivan
2623 - 20th Street
San Francisco, CA 94116
Thomas O'Connor
1338 - 36th Avenue
San Francisco, CA 94122
City Clerk
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February 28, 1995
City of Burlingame
City Plannin� Cammission
; VVe wou�d like ta appeal the decisivn m�ade on February 27, 1995 by
. the Pla�ning Cammissian rega�ding che £ront setback varian�e at
Iz32 Cabrillo Avenue.
� Respectfully,
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Burlingame Planning Commission Minutes
February 27, 1995
� 3. FRONT SETBACK VARIANCE AND PARKING VARIANCE AT 1232 CABRILLO AVENUE,
ZONED R-1 (ELIZABETH O'SULLIVAN AND THOMAS O'CONNOR, PROPERTY OWNERS
AND 7ACK McCARTHY. APPLICANT).
Reference staff report, 2/27/95, with attachments. CP Monroe discussed the request, reviewed criteria,
Planning Department comments, and study meeting questions. Five conditions were suggested for
consideration. There was discussion regarding the fact that the plans in the packet were those submitted
for the changes to the original building permit. The old plans originally reviewed did not include the
notes about the changes to the front and side foundation. The Chief Building Inspector determined this
is a new foundation, therefore a new house.
Chm. Galligan opened the public hearing. Jack McCarthy, project azchitect, 53395 Prospect, Suite 311,
San 7ose and Thomas O'Connor, 1338 - 36th Avenue, San Francisco were present to respond to the
commission's questions. Commission asked the applicant if he had understood when the original design
was done that the non-conforming structure could invade the front setback so long as the original
foundation and wall remained, if it was removed then the structure must meet the cunent zoning and
uniform building and fire code requirements. Mr. McCarthy stated it was understood that it would be
necessary to retain the walls in order to continue the exception to the setback requirements. When it was
discovered that it would be impossible to retain those wa11s because of the termite problem, they thought
it was okay since they were keeping the same foundation line and capping the original foundation.
Gene Bordegaray, 1236 Cabrillo, 7ean Hargrave, 1227 Cabrillo and Sigrid Geiger, 1237 Cabrillo spoke
in favor or the project. They have no problem with the siting of the house in the exact same location as
previously placed.
Steve Pade, 1205 Cabrillo, spoke in opposition to these variances, the encroachment into the front setback
with a two story house changes the character of the street. He stated there should be no need or reason
to grant a variance to a new structure, they should abide by the guidelines required of everyone. This
would set a precedent for him if he remodels his house. This lot has no unusual circumstances it is the
same as all other lots on the street.
Mr. McCarthy gave a copy of the survey, showing the placement of the original structure, to the
commission.
C. Deal remarked this is an all new structure and no longer fits in the non-conforming category. There
are no unusual circumstances on this lot and therefore are no findings for a front setback variance. He
then moved denial of the front setback portion of this application.
Motion was seconded by Commissioner Jacobs and the denial was upheld by a 6-0-1 (Commissioner Kelly
absent) voice vote.
C. Deal then moved approval of the parking variance portion of this application, by resolution. He noted
that the areas is only 4" smaller than required, the 9'2" distance has existed and been useable for many
years, the conditions should be modified to retain conditions No. 1, amending it to address the driveway
only and condition No. 5, addressing that all new needs to meet all requirements of the UBC and UFC
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'Burlir=game Planning Commission Minutes February 27, 1995
as follows: 1) that the driveway setback shall be 9'-2" as shown on the plans submitted to the Planning
Department date stamped February 8, 1995; 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 Commissioner Jacobs and passed on a 6-0-1 (Commissioner Kelly absent) voice
vote. Appeal procedures were advised.
The Commission adjourned for a break at 9:05 P.M. and reconvened at 9:20 P.M.
. NTENNA EXCEPTION FOR A SATELLIT DISI3 ANTENNA AT 707 EL CAMINO REAL,
NED R-3 (CENTRAL CALIFORNIA CONFE CE ASSOCIATION OF THE SEVENTH DAY
A ST CHURCH PROPERTY OWNER A DONALD NEPTUNE APPLICANT .
Reference s report, 2/27/95, with attachments. CP Monr discussed the request, reviewed criteria,
Planning Dep ent comments, and study meeting questio s. Ten conditions were suggested for
consideration.
Chm. Galligan open the public hearing. Tom Felton, Chairman, 'ldi�
Avenue, San Mateo, s present. Alex Bodgis, 601 Burlingame Ave
ambiguity and subjectivit f the antenna review guidelines, exceptions and
satellite ordinance. There we no other comments and the public hearing
Committee, 1550 Adeline
commented regarding the
pdings as they apply to the
a�, closed.
C. Jacobs, notetl that the placemen was lower than the roof ridge, visible only fr m Hillsborough Town
the neighbors had not complai ed, an effort had been made to make the ins ation compatible and
it wo ld be painted the same color f the roof based on the information suppli in the packet and
provi by the applicant, moved to ap ve this antenna exception application, by r olution, with the
follow g conditions; 1) that the satellite dis antenna shall be installed as shown on the lans submitted
to the anning Department and date stamped anuary 17, 1995 Site Plan and Elevation • 2) that the
condition of the Chief Building Inspectors' Janu 23 1995 memo (roof and supports shal eet wind
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load require nts of Chapter 23 of the Uniform B'lding Code) shall be met; 3) the installatio of this
satellite dish r 'res separate application to the Buil ' g Department, with proper plans and engin 'ng
calculations, as r ired for a Building Permit; 4) that t antenna dish installed shall not have a diame r
greater than 7'-0", r rise more than 25'-0" above the rface of the ground relative to the roof, and
shall be painted with nonreflective paint, in a color to ma the roof; 5) that the antenna shall have a
maximum rise of 12' a ove the roof ridge as viewed from the rthwest elevation; 6) that the applicant
or property owner shall e responsible for an amendment to this u permit if future construction on any
adjacent property require elocation of the dish antenna, removal d reinstallation costs shall also be
borne by the applicant an r property owner; 7) that the applican shall permanently maintain the
nonreflective surface of the 'sh and its support structure, or remove 1 the equipment and support
structure; 8) that as installed the satellite antenna shall meet all the requirem ts of the Uniform Building
and Uniform Fire Codes, includ g connections from the antenna inside the uilding to any television
equipment; 9) that the satellite enna shall be removed at the time this tenant eventh Day Adventist
Church) leaves this premiss and i the new tenant wishes to install any type of ant na he shall comply
with all the code requirements in e ect at that time; and 10) that any modification to e antenna or its
location shall require an amendment this use permit.
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' ")MMUNICATIOi►1 �tECJEI'�!�
�:�TER PREFARATION
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Pebruary 1Q�, 1995
City of Burlingame
Building/Pta�nz��ng Department
Dear Sir/Madam:
� am the owr�ex at ���� � C~r�i � fc ll.L-p f�U� , this letter is ta ��form ,,
you that I have seen the structare of the building at. 1232 � Cabiillo �.. '
Avenu� �nd have no problem with this house as it is being �� �
constructed. ��
Sinc�rely,
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GENE BORDEGARAY
1236 Cabrillo Avenue
Burlingame, CA 94010
Ms. Margaret Monroe
City Planner
City of Burlingame
Planning Commission
501 Primrose Road
Burlingame, CA 94010
Subject: Application for Variance
A.P.N. #026-156-220
Dear Ms. Monroe:
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I recently received your NOTICE OF HEARING for a request for variance at 1232 Cabrillo
Ave. I live next door at 1236 Cabrillo Ave. and have lived there for almost 24 years.
I've seen the subject structure. It's front wall is located at the same location as the front
wall of the previous structure. Similarly, the side wall along the driveway is also in the
same location as the sidewall of the previous structure.
I have no complaint regarding the location of the structure with respect to the front property
line or the side along the driveway. As a matter of fact, the owners seem to be doing a very
good job of construction and the aesthetics of the design are pleasing and compatible to
Burlingame's ambiance.
Since this structure is well into construction, and since the City of Burlingame, has approved
the plans and already issued several inspection approvals, it would be inappropriate and
certainly untimely to require alterations to the structure and its foundation at this time.
Therefore, I feel that the Planning Commission should grant the variance as soon as possible
and allow the owner to proceed with construction without delay.
If you wish to discuss this matter with me, please don't hesitate to call (737-7711).
Sincerely, Z
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Eugene & loria Bordegaray
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March 10, 1995
CHRONOLOGY OF PLAN SUBMITTAL, PLAN
CHECK, INSPECTION AND INSPECTORS
COMMENTS AT 1232 CABRILLO �VENUE
Items in this font relate to the construction of the
detached garage.
Items in this font relate to the remodel of the single family residential structure.
August 5, 1994 Building permit issued to O'Connor
for a new garage
August 8, 1994 Called for first inspection on
garage-Mike Terwilliger inspector
assigned. Inspection for Footing
Steel (in foundation) and UFER
ground.
August 9, 1994 Application and submittal of plans to the Building
Department for a residential remodel at 1232 Cabrillo
August 15, 1994 Planning Department Plan Check returned to Building
Department noting retention of 8'8" front setback
because there was no change. The 9'2" side setback at
the driveway was also noted as existing and being
retained. A survey of the front setback was required
and confirmation of garage dimensions. Floor area
ratio was checked and it was noted that the extent of the
remodel triggered the "new construction" criteria and
new structure was 3400.49 SF where FAR allowed 3415
SF. Because of garage dimensions corrected an FAR
variance was required. Residential structure was
subsequently reduced to eliminated FAR variance.
Declining height setback was rnet, as were accessory
structures, HACP, fences and size and location of trees.
September 23, water service to garage inspected.
Rough electrical panel inspected,
noted to tag when gas disconnected.
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October 13, 1994
October 13, 1994
October 17, 1994
Inspect rough plumbing, DWV and dry
wall
Plan check complete on August 9, 1994 submittal of
residential remodel showing wall at front and left side in
tact.
inspection for wiring.
O'Connor picked up building permit for residential
remodel.
October 18, 1994 inspected electrical and gas relocated
from house to garage so that service
could be continued for tenants in house
during remodel. During this inspection
Terwilliger recalls discussion with the
contractor/owner about whether the gas
could be relocated from the house to the
garage so that the house could continue
to be inhabited by the tenant while a
remodel was undertaken. Also there was a
conversation at this time about what
alternatives exist with a remodel when
foundation problems are found.
Mike Terwilliger indicated that if the
problem was in a small section of the
foundation the Building Department would
allow it to be replaced. It was implied
that the house was still occupied by a
tenant at the time of the discussion.
He was unaware, and not informed at the
time,that any building plans for remodel
of the house showing retention of any
part of the existing foundation had been
prepared or were going to be submitted
to the Building Department. When shown
later what part of the foundation was
stated as being retained and was
subsequently removed, it was not, in his
opinion, a "small portion". This
discussion on the site took
place in the absence of the review or
presence of any plans for work on the
0
house. He thought it was a"being
helpful" discussion of work which might
be done on the house in possibly the
distant future. The inspector had no
reason to bring up setback issues, nor
was he asked about whether setbacks
would be a factor if a portion of the
existing foundation were to be replaced.
November 2, 1994 Service OK in garage. The permittee
has not called for a final inspection on
the garage permit as of March 10, 1995.
November 9, 1994 Revised rear and right side foundation plans submitted,
structural engineer approved a block wall for adding a
basement area at rear of house.
November 14, 1994 Revised plans resubmitted to Planning. Same Planner
rechecked noting proposed plans for foundation change
to the rear area creating a retaining wall and basement
area would create habitable area below grade with
separate entrance outside and interior access. New area
should be considered a bedroom for parking which is
Ok for a 4 bedroom home. The designated "game room"
must keep the wall open 50°Io to the hall way or it will
be considered a bedroom and a second covered parking
space will be required. Plan check noted that the
basement room shall not be a secondary living unit and
shall not contained any kitchen. (Blue Sheet) (Note:
basement area does not count in FAR.)
November 14, 1994 Issued amendment to building permit for new
foundation, block wall, at rear of house to create a
basement area.
November 18, 1994 Submitted another revision of rear foundation plans
showing a conform systern rather than a block wall.
Plans showed replacement of rear and right side
foundations with new system. The front and left side
were not addressed and continued to be shown as
"existing being retained". Planning did not review these
plans since the area being shown was identical to that on
the November 9 revision and it was covered by
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Planning's November 14, 1994 comments.
November 18, 1994 Foundation inspection for footing steel. According to
the inspector assigned, only the new basement area at
rear was inspected.
January 27, 1995 Planning staff received a compliant from a
neighbor about why someone could build a new house
without a proper front setback or variance. Staff
reviewed building file and determined building permit
issued for remodel. Asked Building department to check
foundation and red tag if construction was done
without a permit.
February 1, 1995 Chief Building Inspector made a site visit, determined
that foundation at front and left side was new. He
instructed an Inspector to place a"red tag" on the
construction.
February 1/2, 1995 Red tag posted on site.
February 2/3, 1995 Chief Building Official and City Planner contacted by
application O'Connor who said he was a plumbing
contractor, was not busy and wished to continue with
plumbing installation in rear portion of the residential
structure. CBO and CP gave Mr. O'Connor permission
to continue plumbing work in rear portion of the house
that would not be affected if the front had to be
removed to the required 15' setback. Mr. O'Connor
agreed on the phone.
February 6, 1995 Jack McCarthy, designer, submitted an application to the
planning department for a front setback variance
required because of termite and dry rot damage.
February 13, 1995 Issued public notice of variance hearing.
February 27, 1995 Planning Department took application directly to action
and public hearing. Since both the left side wall as well
as the front wall were removed applicant needed two
variances: one for 8'8" front setback (15' required) and
one for driveway width ( 9'2" provided, 9'6" required).
Planning Commission granted variance for driveway
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width, denied variance for front setback.
February 28, 1995 Appealed Planning Commission decision to City
Council.
March 6, 1995 City Council set public hearing for March 20, 1995
MM, Planning Department March 10, 1995
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ITEM 3
City of Burlingame
Front Setback & Parking Variances
Address: 1232 Cabrillo Avenue Meeting Date: 2/27/95
Request: Front setback variance for 8'-8" where 15'-0" is required to the first floor (CS
25.28.072-(2) a). Parking variance for 9'-2" where 9'-6" is required for driveway width (CS
25.70.020 c (1)).
Applicant: 7ack McCarthy Designer, Inc. APN: 026-156-210
Property Owner: Elizabeth O'Sullivan & Thomas O'Connor
Lot Dimensions and Area: 50 x 120, 6000 SF
General Plan: Low density residential Zoning: R-1
Adjacent Development: single family residential
CEQA Status: Article 19. Categorically Exempt per Section: 15303 - Class 3- construction
and location of limited numbers of new, small facilities or structures including (a) single-family
residences not in conjunction with the building of two or more such units. In urbanized areas,
up to three single-family residences may be constructed or converted under this exemption.
Summary•
The applicant is requesting a front setback variance to build a new single family dwelling at
1232 Cabrillo Avenue, zoned R-1. The new house would be two stories, and would have 2964
SF of living area with four bedrooms, three bathrooms, a game room and a family room. The
front setback variance is for 8'-8" where 15'-0" is required to the first floor of new structures
(CS 25.28.072-(2) a). In addition, a parlcing variance is requested for substandard driveway
width (9'-2" proposed; 9'-6" required).
This item came to the Planning Department's attention after a neighbor called asking how the
residence which appeared to have been demolished was allowed to encroach so far into the front
setback. A review of the Building Department file showed that the Planning Department
approved plans for a remodel and addition. The existing detached garage and the front portion
of the existing house were to remain; the back of the house was to be demolished and rebuilt
with the addition of a second story.
The Chief Building Official made a site inspection and noted that the walls which were shown
on the plans as to remain had been removed. In addition, the floor and floor joists had been
removed and the foundation at the front of the house appeared to be new. A stop work notice
was issued by the Building Department, with instruction to apply for a front setback variance.
The applicant was also informed to submit revised plans to the Building Department so the
project could be reevaluation as a new residence rather than a remodel. This affects the energy
calculations, fees, and requirements for a property line survey and water and sewer connections.
Planning staff notes that with the original Building Department plan check, the project was
determined to be "new construction" for the purposes of determining allowable floor azea ratio.
By code defuution, the term "new construction" is used solely for determining floor area ratio
(CS 25.08.477). Because the entire house has now been demolished down to the foundation and
� i�
FRONT SETBACg & PARKING VARIANCES 1232 CABRILLO AVENUE
much of the foundation has been replaced or rebuilt, the Planning Department views the project
as a new residence which must meet all code requirements.
Site Information:
The former house was 1905 SF. A new detached garage (19' wide x 23' length) was built
between August and November of 1994; the building permit for that construction has not been
finaled. This is considered a one-car garage by Planning Department standards because access
to the right side of the garage is blocked so that a car cannot maneuver into it.l This project
increases living area by 1050 SF (56%; from 1095 SF to 2965 SF).
Front setback: lst,flr*
2nd floor
Side (left):
Side (right):
Rear:
Lot Coverage:
FAR:
PROPOSED
8'-8"
20'-0"
9'-2"
5'-4"
+60'
36.9 %
(2211 SF)
3401 SF/.567
EXISTING
8'-8"
not applicable
9'-2"
6'-2„
± 11' to garage
39 %
(2342 SF)
2342 SF/.390
1 covered +
1 uncovered in d/wy
(e) 9'-2" driveway
not given
no 2nd story
n/a
MAXIMUM
ALLOWED/REQ'D
15' (avg = 14'-2")
20'-0"
4'-0"
4'-0"
15'-0"
40 %
(2400 SF)
3415 SF/.569
4 bedrooms requires
2 spaces, one
must be covered
30'/21h stories
see code
n/a
1 covered +
Parking: * 1 uncovered in d/wy
9'-2" wide driveway
proposed
Height:
DH Envelope:
Accessory
structures:
28.86'
meets requirements
no changes to
e�sting garage
Staff Comments:
The City Engineer noted in his February 9, 1995 memo that this shall be considered a new
house and a property line survey is required. The Building Official noted that all work shall
comply with the standards required for a new house. The Fire Marshal had no comments.
lAn existing garage 18' wide by 20' deep garage can be considered a two car garage (CS
25.70.030 (a)). However, an orange tree and a sump pump block access to the right side of the
new garage, limiting its use to one car. The remaining square footage is considered storage
azea.
iJ
, , �
FRONT SETBACK & PARKING VARIANCES
1232 CABRILLO AVENUE
Required �indings for 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; and
(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 Commiccion 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 conditions should be considered:
1. that the project shall be built as shown on the plans submitted to the Planning Department
date stamped February 8, 1995, sheets 2(foundation and basement plan), 3(main and
upper level plans) and 5(building elevations);
2. that within 30 days, a property survey shall be made and submitted with revised
plans to the Building Department in order to meet the requirement of the City Engineer's
February 9, 1995 memo;
3. that the requirements of the Chief Building Official's memo (2/ 13/95) shall be met;
4. that within 30 days from Planning Commission action on this project, the applicant shall
submit revised plans denoting the walls at the front of the building as new and shall pay
all applicable fees to the Building Department; and
5. that the project shall meet all the requirements of the Uniform Building and Uniform Fire
Codes as amended by the City of Burlingame.
Sheri Saisi
Planner
cc: Thomas O' Connor, property owner
Jack McCarthy Designer Inc.
3
1
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�vve of Avvlication: Special Permit
ariance Other
Project Address I Z 3 Z c-,a ��.��.� o
Assessor's Parcel Number(s) �� � ( � �/ � 2� � ����,(�y�
APPL/CANT R PERTY WNE ��Q�S %1 Q'� 26� "Z�'
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Name: ,�•a�l�- l''�`GA�L!�-� n�S�U��2., �ML Name: Thomr�5 �'��NNo2 �4�1,6
Address: ; �3 � r�s �� �� � r� � 3 � i
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(home)
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�EARCH/TECT/DES/GNER �
Name: ��1� �� ����� r��z 5 �Ur--� ��, 1,��
Address: � 3 3� P u-as �4�T �+� g3 �►
City/State/Zip: ��� �--� Jo5 � G1� .`') s� 2%
Telephone (daytime): C�faB� `�73 ��t �Z
Address: I 3� S-.� 6'"' �4 Ve
City/State/Zip: S r- ��� Z�
Telephone: (work) S - (� (
Ihome) �15� i5Z-7zSc
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Z/7�92 ��
Please indicate with an asterisk !"1 who the contactnerson
is for this nroiect.
PROJECT DESCR/PT/ON• �`✓ ��v� �-+ i �'d Cp �'�I r� �� ��--� � S Z �+ ��' i i-� U T/J �� � a.� v ��z
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AFF/DA V/T/S/GNA TURE:
I hereby certify under penalty of perjury that the information given herein is true and cor�ect to the
best of my knowledge and belief. ,%
� ,�:' ✓'j
Applica s ' nature � Date
I know about the proposed application, and hereby authorize the above applicant to submit this
application. � � � � J-
roperty Owner's Signature Date
--------------------------------------------------OFFICE USE ONLY
Date Filed: 2" g' � Fee �
-----------------------------------------------------
Receipt #
Letterls) to applicant advising application incomplete:
Date application accepted as complete: '
P.C. study meeting (date) P.C. public hearing (date) 2 Z
P.C. Action
,s�as Appeal to Council? Yes No
projapp.frm Council meeting date Council Action
�, �
Variance: 0'Connor residence, 1232 Cabrillo Avenue, Burlingame
a. Describe the exceptional or extraordinary circumstances or conditions applicable to you
property which do not apply to other properties in this area.
Fifty or more years ago a residence was constructed on the property at 1232 Cabrillo. The original
structure was shingle sided. At a later date a past owner changed the exterior look. He wired and
stuccoed the structure completely covering the shingle siding. In the process he backfilled the
property to a point above the foundation line. (At points this backfill was as much as 8" above the
concrete). We, in our remodel and addition to this residence planned on preserving the existing front
and left side walls and floor in this area, but, upon demolition of the structure we found extensive
concealed termite and dry rot damage making these walls completely useless. (The foundation was
and is in good structural shape). We were forced to remove the concealed damage, cap and dowel
the foundation to bring it up to proper grade, so that we could proceed as planned with the project.
The designer, the structural engineer, and the City Building inspector at various times all saw the
damage and each agreed that the damaged wood was beyond repair and must be removed. If we
were forced to move the front of the structure back to the new City setback line this property would
suffer by not being allowed to remodel that portion of the structure that is in the front setback as the
neighboring properties would be allowed to do under existing city ordinances.
b. Explain why the variance request is necessary for the preservation and enjoyment of a
substantial property right and what unreasonable property loss or unnecessary hardship might
result from the denial of the application.
By City ordinance when a residence is remodeled the existing envelope is allowed to be retained within
the front setback area as long as there is no increase in the non compliance. This we planned to do
and were issued a permit to do. It was only upon actual demolition that the concealed damage and
the high backfill problems were exposed. Any other residence in this zoning district would be allowed
to do as we proposed. Not allowing this equal right by means of a variance would cause our property
substantial property rights loss and hardship not required of our neighbors.
c. Explain why the proposed use at the proposed location will not be detrimental or injurious to
property or improvement in the vicinity or to public health, general welfare, or convenience.
The existing single story portion of the residence has been non conforming to the current ordinances
since it was constructed 50 or more years ago. We are not increasing the non conformance and all
other portions of the residence comply with the current ordinances. We are only reconstructing what
we have had for 50 or more years and there would be not change for the public health, safety, general
welfare or convenience by granting this variance.
d. How will the proposed project be compatible with the aesthe#ics, mass, bulk and character
of the existing and potential uses on adjoining properties in the general vicinity.
The adjoining structures are two story residences. Half of the structures on the same side of the
street are constructed in front of the 15' first floor setback. Many of the two story structures are also
in front of the 20' setback. The single story massing of the proposed structure is equal to what has
existed for 50 years and the balance of the structure is in complete compliance with all other City
setback, height, mass, and daylight plane requirement. This variance would not alter the existing
mass, bulk or character of the surrounding properties but would give us the same property rights as
our neighbors.
y � ,
Variance: O'Connor residence, 1232 Cabrillo Avenue, Burlingame
Foundation capping.
These photographs show the existing foundation (Dark concrete) and the new cap the installed to
bring the foundation above natural grade. The new cap and floor joists are at the save finish floor
level as the existing residence was, therefore there was not increase in the floor height fram the
plans originally submitted.
�� - _ x-� t � �.
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Variance: O'Connor residence, 1232 Cabrillo Avenue, Burlingame
Termite and Dry Rot damage:
These photographs show the extensive damage caused by the high backfill against the structure.
Also, the original shingle siding is still visible on both photographs. When the stucco was originally
applied they put a dry pack concrete footing to the face of the wood in an effort to protect the
wood. This failed but until we actually started demolition it gave the appearance of a stable
foundation.
� , . .,
- COMPLAINT FORM �
• DATE: Z ' I � �,5
FILE ADDRESS: _ �Z✓ Z (�l�C,b`'/ //�
COMPLAINANT NAME(S):
ADDRESS:
/
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PHONE #-
GU%?��1
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COMPLAINT:
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RESEARCH
CIIRRENT ORNER : �(� Z Q� G'� h (� � S �( I i V Ct h APN O Z�O ' I 5 LO - 2 � O
ADDRESS: Z�23 Z(�--��+ S'f'� S�n �VGt�1Gijlp CQ, �l4'�IL� ZONING �— �
CURRENT RESIDENT: PHONE
21 %' 28 t,�SS y ��, x 2z.�r ��, �,�A�2
LOT: BLOCR: SIIBDIVISION: �aS-►z�n Fa�d, ��rl, �fo, Z
RESEARCH NOTES:
��Y' ✓Y v�
ACTION TAKEN
REFERRED TO: �l// G• ' f'%�� �^I � � �
DATED:
d y � N�c�a�'Prw
DATE OF: SITE INSPECTION: LETTER: WARNING NOTICE:
SITE INSPECTION FINDINGS/ACTION NOT$S:
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(USE REVERSE SIDE IF ADDITIONAL NEEDED)
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DATE : _ t/ � q � q
TO: oC CITY ENGINEER
CHIEF BIIILDING INSPECTOR
FIRE MARSHAL
PARRS DIRECTOR •
CITY ATTORNEY
FROM: CITY PLANNER/ZONING TECHNICIAN
SUBJECT: � REQIIEST FOR
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SCHEDULED PLANNING COMMISSION ACTION MEETING: � . 2�
REVIEWED BY STAFF IN MEETING ON MONDAY: �, ���
THANKS,
Jane/Sheri/Leah
Z `G - Date of Comments
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DATE : � ' �
TO: CITY ENGINEER
_.Q� CHIEF BIIILDING INSPECTOR
FIRE MARSHAL
PARRS DIRECTOR �
CITY ATTORNEY
FROM: CITY PLANNER/ZONING TECHNICIAN
SUBJECT: � REQIIEST FOR
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SCHEDULED PLANNING COMMISSION ACTION MEETING: � , 2.�
REVIEWED BY STAFF IN MEETING ON MONDAY: �,���
THANKS,
Jane/Sheri/Leah
Z �3/ � Date of Comments
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TO: CITY ENGINEER
CHIEF BIIILDING INSPECTOR
�_ FIRE MARSHAL
PARRS DIRECTOR �
CITY ATTORNEY
FROM: CITY PLANNER/ZONING TECHNICIAN
SUBJECT : � REQIIEST FOR _ �I v {�� � f ��'�
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SCHEDULED PLANNING COMMISSION ACTION MEETING: �' , 2�
REVIEWED BY STAFF IN MEETING ON MONDAY: �,'L�
THANKS,
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CITY OF BIIRLINGAME
501 PRIMROSE ROAD
BIIRLINGAME, CA 94010
(415) 696-7250
NOTICE OF HEARING
The CITY OF BIIRLINGAME PLANNING COMMISSION announces the
following public hearing on MONDAY, THE 27TH DAY OF FEBRIIARY, 1995
at 7:30 P.M. in the City Hall Council Chambers lqcated 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.
1232 CABRILLO AVENIIE
APN: 026-156-210
APPLICATION FOR A FRONT SETBACR VARIANCE FOR 8'-8"
(WHERE 15'-0" IS REQIIIRED TO NEW STRIICTIIRES) AND A
PARRING VARIANCE FOR SUBBTANDARD DRIVE�PAY WIDTH AT
1232 CABRILLO AVENUE, 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.
The property owner who receives this notice is responsible for
informinq their tenants about this notice. Please post this notice
in a public place on your property. Thank you
MARGARET MONROE
CITY PLANNER
FEBRUARY 17, 1995
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RESOLUTION NO.
RESOLUTION APPROVING CATEGORICAL EXEMPTION,
FRONT SETBACK AND PARKING VARIANCE
RFSOLVED, by the Planning Commission of the City of Burlingame that:
WHEREAS, a categorical exemption has been proposed and application has been made for a front
setback variance for a variance of 8'-8" where 15'-0" is required to the first floor and parldng
variance for 9'-2" where 0'-6" is rec�„uired for driveway width at 1232 Cabrillo Avenue. APN: 026-
156-210 ; property owner: Elizabeth O'Sullivan and Thomas O'Connor. 1232 Cabrillo Avenue ; and
WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on
February 27, 1995 , 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 categorical exemption
per Section: 15303 - Class 3- construction and location of limited numbers of new, small facilities or
structures including (a) single-family residences not in conjunction with the building of two or more such
units. In urbanized areas, up to three single-family residences may be constructed or converted under
this exemption is hereby approved.
2. Said front setback and parking variances are approved subject to the conditions set forth
in Exhibit "A" attached hereto. Findings for such variances 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.
��
I, Mike Ellis , 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 27th day of February , 1995 , by the following vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
SECRETARY
, •� �;
M�`f_: :
Conditions of approval categorical exemption and variances
1232 CABRII,LO AVENUE
effective MARCH 6, 1995
that the project shall be built as shown on the plans submitted to the Planning Department
date stamped February 8, 1995, sheets 2(foundation and basement plan), 3(main and
upper level plans) and 5(building elevations);
2. that within 30 days, a property survey shall be made and submitted to the with revised
plans to the Building Department in order to meet the requirement of the City Engineer's
February 9, 1995 memo;
3. that the requirements of the Chief Building Official's memo (2/13/95) shall be met;
4. that within 30 days from Planning Commission action on this project, the applicant shall
submit revised plans denoting the walls at the front of the building as new and shall pay
all applicable fees to the Building Department; and
5. that the project shall meet all the requirements of the Uniform Building and Uniform Fire
Codes as amended by the City of Burlingame.
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50' 25.67' 2433 50' 20 �0 50' /L'�$ ' .. . .. .. .. _ .. - 50'
O� � O � ' � O O O O O O O9 /0 // /2 /3 /4 /5
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/LSZ �� N��� W 122 S y ILL�°' /ZZO /2/(0 /L/L
KE �RA�� AVE.
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CITY OF BURLINGAME
501 PRIlVIROSE ROAD
BURLINGAME, CA 94010
(41� 696-7250
NOTICE OF APPEAL HEARING
The CITY OF BURLINGAME CITY COUNCIL announces the following public hearing on
MONDAY the 20TH DAY OF MARCH. 1995, 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.
1232 CABRILLO AVENUE
APN: 026-156-210
APPLICATION FOR A FRONT SETBACK VARIANCE FOR 8'-8" (WHERE 15'-
0" IS REQUIRED TO NEW STRUCTURES) AND A PARKING VARIANCE FOR
SUBSTANDARD DRIVEWAY WIDTH AT 1232 CABRILLO AVENUE, 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
conespondence delivered to the City at or prior to the public hearing.
The property owner who receives this notice is responsible for informing their tenants about this
notice. Please post this notice in a public place on your property. Thank you
MARGARET MONROE
CITY PLANNER
MARCH 10, 1995
� � , � �
� , RESOLUTION NO.
- ' RESOLUTION APPROVING CATEGORICAL EXEMPTION,
.
AND PARKING VARIANCE
RESOLVED by the CITY COUNCIL of the City of Burlingame that:
WHEREAS, a categorical exemption has been proposed and application has been made for a
parking variance for _ 9'-2" where 0'-6" is required for driveway width at 1232 Cabrillo Avenue.
APN: 026-156-210 ; nronerty owner: Elizabeth O'Sullivan and Thomas O'Connor, 1232 Cabrillo
Avenue ; and
WHEREAS, the Planning Commission held a public hearing on said application on February
27 , 1995 , at which time said application was approved;
WFIEREAS, this matter was appealed to City Council and a hearing thereon held on March
20. 1995 , at which time it reviewed and considered the staff report and a11 other written materials and
testimony presented at said hearing;
NOW, THEREFORE, it is hereby RESOLVED and DETERMINED by this Council that:
1. On the basis of the Initial Study and the documents submitted and reviewed, and comments
received and addressed by this council, 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 categorical exemption
per Section: 15303 - Class 3- construction and location of limited numbers of new, small facilities
or structures including (a) single-family residences not in conjunction with the building of two or more
such units. In urbanized areas, up to three single-family residences may be constructed or converted
under this exemption is hereby approved.
2. Said parking variance is approved, subject to the conditions set forth in Exhibit "A" attached
hereto. Findings for such variance aze as set forth in the minutes and recording of said meeting.
3. It is further directed that a certiiied copy of this resolution be recorded in the official records
of the County of San Mateo.
MAYOR
I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that the
foregoing resolution was introduced at a regular meeting of the City Council held on the 20th day
of March , 1995 , and adopted thereafter by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
CITY CLERK
1R Y � 1
Y �
_ f
EXHIBIT "A"
Conditions of approval categorical exemption and variances
1232 CABRILLO AVENUE
effective MARCH 20, 1995
1. that the driveway setback shall be 9'-2" as shown on the plans submitted to the Planning
Department date stamped February 8, 1995;
2. that the project shall meet all the requirements of the Uniform Building and Uniform Fire
Codes as amended by the City of Burlingame.