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HomeMy WebLinkAbout04-06-1982 Planning Commission Minutes CITY OF SARATOGA PLANNING CO~ISSION MINUTES DATE: Tuesday, April 6, 1982 - 7:30 p.m. PLACE: Community Center Meeting Room, Allendale Avenue, Saratoga TYPE: Adjourned Regular Meeting ROUTINE ORGANIZATION Present: Commissioners Bolger, King, Laden, Monia, Schaefer and Zambetti Absent: Commissioner Crowther PUBL I C HEAR ING C-199 - E. Zambetti, Request for Rezoning (from R-M-3,000 to C-C), Design A-812 - Review Approval and Site App~roval to construct an office building SDR-1517' - adjacent to 'Parking Assessmen't' DistriCt No. 4 Commissioner Zambetti abstained from the voting on this matter. The applicant gave 'a presentation on the' project.. He noted a petition and other correspondence 'received in support. of the project. He requested that the Commission make a decision at this time. Robert Aviles, the architect, submitted photos of the site and discuss.ed the project, pointing out existing landscapi.ng and the interface between the subject property and the Brown proper'ty. He showed a plan of the entire block and discussed the 'adjoining sites. The lexisting home, proposed home and the setbacks were discussed. The applicant further discussed the size' of the lots in the adjoining area and the uses. The formation of the parking district was also discussed. It was pointed out that there had been an overlay at one time that carried out t|ie concept of having some commercial use on both sides of the parking lot; however, the concept was never adopted. '.'~i~.~'irnian'.~S~h~efdr 'asked' i'f"tii'~r.e= Wei~'~ ~y comments from th~ public regarding this application.· ' - ...... Steven Richard spoke in favor of the project and addressed the tax aspects of the project, specifically regarding renovation of old historical buildings and properties. ~ Diana .Parham, representing the Twin Oaks Homeowners Association, addressed the project and indicated that 'they opposed rezoning of any part of Oak Street. She specifically spoke to the 'issue of setting a precedent. The history of the application was discussed. Commissioner Laden moved to close 'the public hearing. Commissioner King seconded the motion, which 'was carried unanimously. Commissioner' Laden stated that she' felt 'that the thought process had been, when Oak Street was rezoned· to R-M-3,000 when all of the lots were nonconforming, that eventually it would be a good place for higher density housing. However, the rest of the plan never' was implemented.' She 'added that she felt that the Commission should decide if th'ey feel that the old plan would still be viable and suggested overlaying the WhOle area: The Village Task Force Report was discussed, and it was pointed out that it had been discussed at public hearings but never formally adopted. The City Attorney's memo regarding the rezoning was discussed, specifically the practical difficulties that occur with split zoning. Commissioner Monia pointed out that Oak Street School may eventually be the only grade school in 'the district, and he found a potential safety hazard in the fact that this school could possibly be bo.rdered on a Commercial zone. Concern regarding setting a precedent in that general area was also discussed. Discussion followed on the location of the proposed structure and the delinea- tion of where the commercial should stop, not just on this property but in the entire area. Commissioner Laden commented that 'she felt that the City Council's thinking proces's' befor'e wa's that in the 'C-C district a permit can be set up through 'a zone, not 'neCess'arily being on the boundaries of the lot, but as an 1 ~jl'~n'ing Commission Page 2 Meeting Minutes 4/6/82, overlay zone, using a use permit process throughout that zone. Discussion followed on this process. Commissioner King discussed the history of the application and stated that he felt that., since the applicant had requested it, a decision should be made at this time. The overlay study requested previously by the 'City Council was discussed. It was pointed out that an overlay had previously been done of the Village; however, it was not pursued. Commissioner King moved to recommend to the City Council the rezoning applica- tion C-199; that the proposed rezoning would adjust that no structures would encroach beyond the lot line of the Brown property extended across the back of this property, and that would be considered the zone line. CommissiO.ner .K_in.g made the findings and .~ohai'~iB'n~d..'~the='iT'~'~'~'F0'v'al ~hat: .'(i)' 'onl~ ~ne ~.e wil]."b~ approved, that use being' 'the d'es'ign review to follow, maximum s'ize as describ~H TM in the application 1700 square feet', and '(2) the building permit shall be applied for within eighteen (18) months of the Ci.;ty Council's approval of the rezoning. Commissioner Laden seconded the motion. The motion was- discussed.. Commissioner KZing stated that his intent was simply to deal with. the Village Task Horce recommendation by realigning the lot line. He added that he felt the concept of rezoning this lot and doing an overlay is a good concept and he would like 'to see that further accomplished. Discussion followed on the possibility of approving lthe rezoning in concept, with the addendum that an overlay study be taken up and accomplished in concert with the General Plan. The cost of the overlay was discussed. Commissioner Schaefer commented that she .felt the historical aspect is very understandable and that the economic viability can be helpful. However, she feels the question of special privilege Cannot 'be overlooked. She added that she feels that when the line is drawn the only access for some of the lots' will be off of Oak Street'. PosSible amendment of the motion to include the overlay was discussed. Commis- sioner · King commented that he felt that t'.h_e.. applicant had' .the' right to a vote at this time,-a~d be ..&'~'ione~d.~q!ether' th6 ."6V.'~l~.?"..would be accomplished. The vote was taken on the motion as stated. It failed, with Commissioners Bolger, Monia and Schaefer dissenting. Commissioner Monia then moved to recommen~t the rezoning application C-199, in concept, to the City Council, making the appropriate findings discussed in the previous motion, with the following conditions: (1) an overlay."'sH~l' be' included in :the General Plan Review for Area' J whith would establish a use permit pro- cess, and (2) an opinion from the' City. Attorney must be received regarding the overlay plan before adoption. Commissioner' Laden seconded the motion, which carried, with Commissioner Schaefer' dissenting. ADJOURNMENT Commissioner Bolger moved to adjourn the meeting. CommiSsioner Monia seconded the motion, whliCh was 'C~rried. The meeting was adjourned at 10:30 p.m. ,. Resp,ectfully submitted, Robert S. Shook SeCretary RSS:cd'