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HomeMy WebLinkAbout12-23-1963 Planning Commission MinutesCITY OF SARATOGA PLANNING COMMISSION 1963 SU[~4/~Y OF MINUTES CITY OF S~P~TOGA PLANNING COIe. IISSION TIME: 7:30 P. M., Monday, December 23, 1963 PLACE: City H~ll TYPE: Regular Meeting I. ROUTINE ORGANIZATION l]~e meeting was called to order by Chairman Webster at 7:35 P. M. A. ROLL CALL Present: Co=xaissioners Cowley, Crisp, Glenn, Xellum, Norton and Webster. Absent: None. B. MINUTES Co~anissioner Glenn moved, seconded by Co~nissioner Crisp, that the reading of the minutes of December 9, 1963, be waived and that the minutes be approved as submitted; motion carried unanimously. IIo PUBLIC HEARINGS The Chairman declared public hearings open for the evening at 7:40 P. M. A. C-.62 - Warren D. Porter, Jr., Fifth Street - Change of Zoning from "R-M-3s000" (Multiple Residential) to "C-C" (Community Commercial) - Cp.nti. nue.d.f.rom December 9~ 1963 ....... Since the applicant and the Subdivision Com~nittee had not met to discuss this matter as previously requested, Commissioner Crisp suggested that this application be continued until the next regular meeting. On the basis of this suggestion, Chairman Webster directed C-62 continued until the meeting on January 13, 1964. B. UP-56 - Eichler Homes, Inc., Schubert Drive -'Use Permit for Temporary Model Hqme Sales Office The hearing on UP-56 was opened at 7:45 P. M. The Staff advised that Notices of Hearing had been mailed and there were no written ceF. munica- tions on file, Ihe application was then reviewed briefly. ~l~ Planning tommission Minutes - December 23~ 1963 - Continued II. B. b~-56 - ~ichler Homes~ Inc. There was no one present who wished to coneneat ~ith regard to this matter. Cor~nissioner Cowl~y moved, seconded by Co=~issioner Kellum, that the pub- lic hearing on UP-56 be closed. Motion carried unanimously and the Chair- man declared the hearing closed at 7:50 P. M. Commissioner Crisp moved, seconded by Cemmissioner Norton, that UP-56, Eichler Homes, Inc., application for Use Permit for Model Homes Sales Office, be granted for a period of one (1) year in accordance with Sec- tion 2 of Ordinance NS-3-1; motion carried unanimously. C. V-235 - Richard Cornelius, Via Real Drive - Variance to allow 5' Side Yard Setback in lieu of the required 10' - Continued from December 9, 1963 ~e Staff advised 1) the subject pool had been redesigned so that it complied with Ordinance NS-3 2) a building permit had already been issued and 3) while there was no longer any need for a Variance, the applicant had not filed a request for withdrawal of the subject application. Commissioner Glenn moved, seconded by Commissioner Crisp, that the hearing on V-235 be closed. Motion carried unanimously and the hearing was closed by Chairman Webster at 7:55 P. M. Commissioner Glenn moved, seconded by Commissioner Crisp, that V-235, Richard Cornelius, be denied without prejudice; motion carried unanimously. D. V-236 - Roderick Robertson, Piedmont Road - Variance to allow 110' Site ~idt___h in lieu of the required 150' The hearing on V-236 was opened at 7:57 P. M. ~he Staff 1) advised that Notices of Hearing had been mailed and 2) read a communication from Mrs. Frank J. Giansiracusa filed in opposition to this application. Mrs. Robertson was present and stated 1) the proposed lot conformed in all respects except site width and 2) she felt that development of this property would enhance the neighborhood. Mr. Welch, who had made an offer on the lot contingent on the granting of the Variance, stated that he felt it would be a good building site. Cor~missioner Kellum advised that the Variance Committee had visited the site and, after careful consideration of this matter, felt that they PlanniD~ Cormnission Minutes - December 23~ 1963 - Continued II. D. ~r236 - Roderick Robert,on could not make at least three of the findings required by law for the granting of a Variance. Corals,loner Crisp observed that the Con~nission had never granted a Variance of the magnitude of this request, He further observed that there must be other such sites within the City and stated that he felt that the granting of this Variance would set an undesirable precedent. There was no one else present who wished to comment with regard to this matter. Commissioner Crisp moved, seconded by Commissioner Norton, that the hearing on V-236 be closed. Motion carried unanimously and the hearing was closed at 8:12 P. M. Co~issioner Xellummoved, seconded by Commissioner Crisp, that V-236, Roderick Robert,on, be denied since the findings required by law for the granting of a Variance could not be made. Roll call vote: Ayes: Com- missioners Cowley, Crisp, Glenn, Kellum, Norton, and Webster. Noes: None. Absent: None. Motion carried unanimously. Chairman Webster declared public hearings closed for the evening at 8:15 PoM, III, SUBDIVISIONS..AND BUILDING SI~ES A. SDR-453 - Multi-Building and Development Corporation, Amb=ic Knolls - Building Site Approval - 1 Lot -. Continued from December 9~ 1963 Commissioner Crisp advised that the applicant had previously re~uested that this matter be continued to allow him time to try to work out a septic tank problem relative to this property. He further advised, how- ever~ that this application could no longer be continued since the time for action on the tentative map had expired. Co~m~issioner Crisp moved, seconded by Commissioner Kellum, that SDR-453, Multi-Building and Development Corporation, be denied; motion carried unanimously. B. SDR-462 - A. Thomas Bartie, Pierce Road - Building Site Approval - 1 Lot - ~ontinued from December 9, 1963 Commissioner Crisp advised that the applicant was out of town and had requested that this matter be continued until the first meeting in January. Planning Comm!ss~9~ Minutes - D~cember 23, i963 - Continued III. B. SDRo462 .- A. ~lomas Bartie On tlme basis of timis request, Chairman Webster directed SDR-462 continued until the meeting on January 13, 1964. IV. DESIGN REVIEW ~-128 - Prince of Peace Lutheran Church, Saratoga Avenue - Final Design Review - Portable Classroom Time Secretary briefly reviewed this application and explained that the ble classroom was needed only as a temporary arrangement since they planned to begin building in the spring. After discussion, Cop~issioner Cowley moved, seconded by Commissioner Crisp, that A-128, Prince of Peace Lutheran Church, request for temporary use of portable classroom, be granted (in accordance with Exhibits "A" and "B") for a period not to exceed six months~ said six month period to begin January 1964, with no consideration to be given to extension of this use at the end of the specified period; motion carried unanimously. V. qITY COUNCI~ REPORT Commissioner Cowley gave a brief report on action taken at the City Council meeting on December 18, 1963, with particular emphasis on the following: 1) Modification of ~Ir. Swanson's conditions of approval (SDR-458) was approved as recommended by the Commission. 2) The Subdivision Committee~s report on Retirement Developments was approved with a request that the study be continued. 3) With reference to proposed Ordinance NS-3-4, a question was raised in connection with the Flood Control Easement so this matter was referred back to the Planning Co~ittee. VI, NEW BUSINESS VII. OLD BUSE~ESS Ao ~-54 - Robert Neale, Saratoga Avenue - Request for Removal of Restriction on."C-C" Zonin~ - Continued from December 9~ 1963 Co~issioner Crisp explained that the Subdivision Committee had discussed this matter with the City Attorney and he (the City Attorney) had ruled that it was within the jurisdiction of the Commission to add another use under conditional zoning, or to withdraw the existing use and add another, as long as the new use was a permitted use in that particular zoning -4- Plannin~ Cop.~i. ssion Minutes - December 23~ 1963 - Coj~tinued VII. A. C-54 - ~obert Neal__.e. district. Conmlissioner Crisp advised, however, that it was felt that the Ordinance should be more specific about this, so a proposed amend- ment clarifying this matter was being submitted by the City Attorney. Co~mnissioner Crisp further explained that while Notices of Hearing were not required~ they had been mailed, as a matter of courtesy, to all those people who own property within 500 feet of the subject Antique Shop. ~he Secretary read 1) a communication filed by Agnes R. Wood supportins this request and 2) a corm~unication filed by Mrs. Percy M. Armitage of the Foothill Club opposing the request. John Ostrowski, new owner of the subject property~ stated that while he felt the intent of the letter was to request that a Real Estate Office be permitted, it was possible that he would have office space to rent to a business that would be compatible with Real Estate. Mrs. Buearia stated that she felt there should be no change in the use of the building since she did not feel that there was ample space for the proposed use. Clarence Neale observed that the appearance of the building was good at present and since there would be no equipment storage, etc. in connec- tion with a Real Estate Office, he could see no reason for the appearance to change. After further discussion, Commissioner Crisp moved, seconded by Commis- sioner Kellum, that the request of Robert Neale and John Ostrowski in connection with C-54 be granted to the extent that '~eal Estate and Realtor's Office" be substituted for the existing use of this property subject to the following conditions: 1) Property shall be limited to the following use: Real Estate and Realtor's Office. 2) Specific Design Review shall be obtained with full compliance with all applicable provisions of Ordinance NS-3 and with particular concern as to the propriety of signs~ 3) Property shall be placed in the approved use within (1) year. Roll call vote: Ayes: Commissioners Cowley, Crisp, Glenn, Kellum, Norton, and Webster. Noes: None. Absent: None. Motion carried unanimously. Planning Qemmission..Minutes - Da=e~ber 23~ 1963 .- Contipue__~ VII. B. yiola~iona 1) The Secretary advised that he had talked to the owners' of La Chaine D'or (Waldorf) about their sign and yet, to date, they still moved it in and out. After discussion, Chairman Webster, with concurrence of the Commis~ sion~ directed that the Secretary write to the restaurant~ advising them that the outside display of this sign without a permit was ille- gal and the Planning Comraission had directed that appropriate action be taken to abate this violation. 2) The Secretary advised that appropriate steps were being taken to remove the illegal sign at Wimpy's. 3) With reference to the sign at the Blue Hills Shopping Center, the Secretary advised that he had previously written a letter requesting that this violation be abated, and the matter was now being taken up with the City Attorney. VIII. COMM~3NICATIONS A. WRITTEN 1. The Secretary read a letter from Mr. Kennedy of Little Village Real Estate, advising that he had arrang~ to purchase the westerly one hundred feet of the Saratoga Inn property and requesting that this parcel be released from the restrictions on the adjoining portion of the Inn property so that he could immediately begin construction of a Real Estate Office similar to his office in Los Gatos. Mr. Kennedy was present to discuss this matter with the Commission. After discussion~ Chairman Webster explained, with concurrence of the Commission, that the conditions of this Conditional Zoning made it necessary for the entire property to be developed as one unit, so that the only possible way for him (Mr. Kennedy) to proceed would be to meet the original conditions. 2. The Secretary read a letter from the School Board with reference te the need for an additional access (on the north) to the Foothill School. -6- ~lanninR Cemm~ssion Minutes - December 23~ 1963 - Continued VIII, A, 2, Chairman Webster referred this matter to the General Plan ConTnittee and requested that the Secretary transmit a copy of the letter to the Subdivision Committee. B, ORAL MEETING ADJOURNED AT 9:30 P. M. Respectfully submitted, Stanley M. r, Secretary v