HomeMy WebLinkAbout05-13-1957 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION
TIME: May 13, 1957, 7:35 P- M.
PLACE: Fireman's Hall, Oak Street, Saratoga, Ca!if.
TYPE: Regular Meeting
I ROb~INE ORGANIZATibN
A. ROLL CALL
Present: Bennett, Cameron, Crisp, Anderson, Higgins
Absent: Pasetta, Webster
8. MINUTES
Commissioner Bennett moved that the readlng of the
minutes be waived and said minutes of the previous
meeting be approved. Carried unanimously.
II N~ BUSINESS
A. NEW ZONIRG PETITIONS
None
B. WRITTEN COMM6'NICATiONS
1. Chet Akins re Sevrens and Det~lck - P.G.& E. Power' Poles
The Secretary read a communication dated May 7, 1957 re-
lating to the placement of power poles in the Sevrens -
Derrick subdivision to be known as Saratoga Village.
Chet Akins joseph A. Connally of Beaumont Ave. requested clarifi-
Sevrens-Detrick
P.G. & E. cation of the situation and the matter was explained by
Power Poles
the Chairman.
After a short discussion Commissioner Cameron made a
motion to approve the establishment of power lines on the
rear five foot of the lom in ~he subject subdivision.
Carried unanimously.
IiI Pb~BLIC HEARINGS
A. REZONING
None
B. VARIANCES AND USE PERidITS
1. V 21 - Ansok Builders Inc.
The Secretary did not read several letters of protest
since subsequent to their receipt other letters from
the same people asking for withSrawal of the protests
were received.
A Mr. T. T. Thoeny of 1839 Pollard Rd., Campbell, Callf.
V 21
Ansok Builders asked if the creek bed is to be enlarged.
The Chairman explained that this was a matter rer the
Flood Control but in either case his property ~ould be
protected.
Bennett
Commissioner/moved that the use permit as applied for
be granted. Carried unanimously.
2. V 23 - Clarence T. Roe
Mr. B. F. Rossi of LuSherie Way suggested that Mr. Roe
study the abstract of his deed which shows restrictions
of 20 feet stSe setbacks. He explained furthe~ that i~
order to have the restriction removed it would be neces-
sary to have 3/5 of the people in the subdivision approve.
V 23 Mr. Bonicelll of Lutheria ~ay also called to Mr. Roe's
C. T. Roe
attention, from the floor, the 20~ side setback restric-
tions in his deed.
Kr. Homer Bryan of Lutheris Way stated ~hat when he built
he felt that he sho~Id have less than 20' setbacks but found
that he had to secure tee approval of 2/3 of the people in
the subdivision and decided to build according-to the
restrictions. Since then he has felt that i~ was a wise
thing to do and is completely satisfied with ~is action
and the restrictions.
Chairman Crisp explained that the Planning Commission
must approve 6' side setbacks according to law and that
the restrictions are somethin~ that must be decided among
the people.
Mr. Roe stated that the lot in question is the only One
left on Lutheria Way and that his nearest neighbor, Dr.
--- Overmeier, who lives next door approved of his move.
Commissioner Higgins moved that the matter be held
under advisement until Mr. Roe can talk with the
residents of the area.
A ,r.lr. Rigby, ].4307 Lutheria Way, asked if all
nei.,ghbors should not have been notified.
Chairman Crisp stated theft only those within 300
feet of the property must be notified under la~.
A vote of Co~_missioner !tiggiss' motion was taken
and showed the follov~in,g: Ayes: Bennett, Cameron,
Anderson, Hl!~gins - Noes: None - Abstained from
Voting: Chairman Crisp.
3. V 24 - John M. Zane
john Wayne, o realtor of Los Gatos, stated from the
floor that he represented Mr. Zane in connection with
this property and explained that part of the property
was in Los Gatos and the other portion in Saratoga. He
explained further that the owners have a s:na~l house on
the land and that it ~,~as felt that this area ~.:ould not
be affected adversely by the grantinE of this variance.
V 2~ Mr. Pickerisg of 14675 ilulto Hal. stated bhab the present
J. i.'... Zane
owner has only lived there a month, knew what he was buy-
i.~g and felt very strongly that there should be no down-
~rading from one acre lot in this area.
Mr. [-Yinz of 14521 quito Rd. stated that there should be
no down-grading and F, oln~ed out that any down-grading
would set a precedent for future variances.
Mrs. Morton of Woodbank Way expressed her objections bo
the variance request.
Mrs. Kaufmann off Vessh~g Rd. also expressed her objections.
Com:nlsskoner Be~_nett soared that the ma~ter bad been care-
f~l].y investigated by the Planning Commission on the spot
and moved that the request be de'sled. Carried unanimously.
4. V 25 - Ruth T. Christian
Mrs. Christian state~ from the floor that she wished to
o?zrate a nursery school from her home from 9 to 12 E.M.
with approximately eight children present.
~n answer to s~veral questions from Commissioners regard-
lng the facilities and the size of the house Mrs. Christian
replied that it must be cleared with the State Welfa're
Department and that t!~ey in turn require a local zoning
V 25 clearance. She expla.ined that in her opinion the sanitary
R.T.Christian
conditions were adequate.
Commissioner Hidgins stated t~ere was a question in his
mind as to whether a nursery school should be located in
a residential area.
Chairman Crisp stated that the matter. ~ould be taken under
advisement so that the entire Commission could look into
the situation personally. lie directed the Se,~rebary to
set the case up for the next hearing on 5/2Y/57.
5. V 26 - William S. Edge
_he Secretary read in it's entirety a statement covering
the ~roposed use of the property in question known as the
Hale Estate.
He also read a lel~er from Gertrude French Scott of San
V 26 Francisco - an owner of property next door to the property
W.S.Edge
in question - said letter belng in protes~ to the proposed
use.
Robert Davies, an attorney from Los ~]atos, stated t~at he
was representing Mr. Edge although the property was actually
owned by the Klindbs but was currently in the hands of Mr.
Abrell and Mr. Davidson on a contractual basis. However
Mr. Davles represented Mr. Ed~Ze who has applied for the
use permit. He explained that the organization would be
non-profit, would have a limited membership and would be
confined be the Hale Estate e.~cept for t~o acres ,~t the
rear of the property which would be retained by Hears.
Abrell and Davidson.
Mr. S. M. Smith of Hill Ave. spoke in opposition to the
request, emphasizing that nothing was needed to add to
the prestige of Saratoga.
Mr. John Len~han of 20261 Hill Ave. spoke in opposition
to the proposed use.
Mr. L. F. Weisler of 20161 Hill Ave. spoke in opposition
to the requested use.
Mr. Wendell Hammen of Hill Ave. spoke in opposition to
the requested use.
Dr. Robert L. Dennis of Hill Ave. stated from the floor
that this was a well-established residential area and
tile residents would like to keep it residential.
Captain E. 51. McI(enzie of 20120 Hill Ave. spoke in
opposition to the request.
Mr. Arata, who identified himself as a recent purchaser
of the Sisters of Presentation property on Hill Ave.
spoke in opposition.
Mr. A. A. Dempsey, a.resident of Hill Ave., protested
against the proposed use.
Several residents called to the attention of the
Commissioners that they were not notified despite the
fact that they live within 200 feet of the area.
Chairman Crisp directed the Secretary to check the
assessment roles to ascertain whether or not the pro-
per people were notified and adjourned the case for
further hearing at the next meeting of the Commission,
5/27~57.
Chalrman Crisp adjourned the public hearings st this time.
IV MATTERS HELD UNDER ADVISEMENT
1. V 17 - J. B. Perego
Commissioner Bennett moved that the use permit be
V 17
J.B.Perego granted as requested. Carried unanimously.
2. V 19 - John L. Hamilton
The Secretary of the Commission read a letter from Mr.
R. ~. Forward dated May ~, 1957, in which he withdrew
V 19
J.L.Hamilton his protest to the variance.
Commissioner Hidgins moved for approval of the variance
as requested. Carried unanimously.
V COMMITTEE REPORTS
A. ARCHI'i~ZCTURAL AND SITE CONTROL
I. V 22 Ted Skenzel
Commissioner Hlggins moved that the petitioner be
V 22 granted an architecture! an~ site control permit ss
T.Skenzel
requested. Carried unanimously.
At this point in the proceedings Mr. Pierce Davies of
1907 West San Carlos St., Sa~ Jose, Calif., stated tRat he
was representing Mr. Duo iD connection with the latter's
request for a change in zoning. Mr. Davies stated that
the freeway plan would come no closer than one-quarter
mile to the affected property and that he had checked
this on the County maps along ~ith Commissioner Cameron
C 2 and they found that the ~roperty would not be affected.
C. E.Glass
He stated that they are very anxious to clear this matter
and would appreciate the Commission handling it at their
earliest opportunity.
He stated that he had heard a rumor that people in
Saratoga were "tire8 of outside promoters coming in and
referred to Mr. Duc as being from Texas". For the record
Mr. Davies wanted to make it clear that Mr0 Duo has been
a resident of Sarstoga for five years and has been doing
considerable building in this area during that time.
Chairman Crisp state8 that the Commission has as yet had
no opportunity to act on the above matter.
2. V 14 - W. Seagrsves
Maps covering the architecture of buildings Mr. Seagraves
intends to plgce on his subdivision were vle~ed by the
V 14
W.Seagraves Architectural and Site Control Committee and met with
their ~pproval.
B. SbBDIVISIONS
1. SD 25 - Wandermere & Co.
The Secretary indicated that the Planning Commission
had not as yet received the conditions in connection
with the affected subdivision from either the Engineer's
Office or the Health Dept. of the County.
Mr. Waltera of Wandermere & Co. asked if the revi~ed mop
SD 25 could be submitted for the consideration of the Planning
Wandemere & Co.
Commission and both he and Mr. Woolworth granted the City
an additional 30 days to make their decision on the basis
of the new map as submitted.
Mr. Waltera stated that he would submit additional copies
of the map to the Engineer's Office and the ~ealth Dept.
of the County.
2. SD 27 - M. R. Mil,ievich
The Secretary stated that he had been told by the Health
Dept. via the telephone that a condition of this subdivision
was to be that lot sizes would be increased to 14,003 sq. ft.
because of the character of the soil and the type develop-
SD 27 mont.
M.E.Miljevich
Mr. Kaemmerling jr. of George S. Molte Co. was present and
steted that in view of the fact that all the conditions
had not been recelved from the County Departments that he
would grant the City an additional 30 d~ys in connection
with this subdivision.
3- SD 32 Merrivale, Tract 1756, Unit ~2
The Plannin~ Commission reviewed ~he tentative map and
SD 32 approved it on the basis of the conditions layed down by
Merrivale
, 10~6
Unit #2 the County on July 17 1956 and ~Carch 7, .D · Carried
unanimously.
4. SDR 28 - Ruth Allen
A motion was made by Commissioner Cameron that the
tentative map be approved on the basis of the con-
SDR 28 ditions lay~d down by the County plus a third con-
Ruth Allen
dition which would provide for a future street line
twenty feet Pack from the ~resent property line on
Boyce Lane. Passed unanimously.
Commissioner Bennett moved for adjournment at 9:50 P.M. Carried
unanimously.
50 Present - 1 Press