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HomeMy WebLinkAbout03-14-1984 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: Wednesday, March 14, 198.4 7:30 p.m. PLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROUTINE ORGANIZATION Roll Call Present: Commissioners Crowther, Harris, Hlava, McGoldrick, Peterson, Schaefer and Siegfried (Commissioner Crowther arrived at 7:37 p.m.) Absent: None ..Minutes Commissioner Hlava moved to waive the reading of the minutes of February 22, 1984 and approve as distributed. Commissioner Peterson seconded the motion, which was carried, with Commissioner McGoldrick abstaining because she was not present. CONSENT CALENDAR· 1. SD-1364 - Allen DeMartini, Mt. Eden Road, Tentative Subdivision Approval, 17 lots, Request for One-Year Extension 2. SDR-1370 - George Day Construction Co. (Irany), Mr. Eden Road, Tentative Building Site Approval, 1 Lot, Request for One-Year Extension Commissioner Hlava moved to approve the items listed above on the Consent Calendar. Commissioner McGoldrick seconded the motion, which was carried unanimously 6-0. PUBLIC HEAI~INGS 3. GPA-83-1-A Consideration of Draft Housing Element and Environmental Impact Report Staff stated that they have submitted a revised Housing Element incorporating choices made by the City Council and Planning Commission at their study sessions. They commented that they feel the Commission should focus on the additional policies in the revised draft'. They noted that they have also reduced the bulk of the Housing Element,. at the direction of the Council. The public hearing was opened at 7:40 p.m. Since no one was present at that time to address the 'Commission, the public hearing was continued until later in the evening. It was reopened at 9:37' p.m. Staff discussed the changes and the schedule for the ltousing Element.. Commissioner Schaefer commented that the Governor's office, at the League of California Cities meeting, suggested that any comments made by the State were advisory and should be treated as such and not as a mandate. Don Eagleston, 14669 Big Basin Way, expressed concern regarding the providing of alternative housing for senior citizens and stressed the importance of doing so. He indicated that, in conjunction with this, he is very much in favor of retirement type communities. He suggested that the City consider using some of the City land for these communities, particularly those near shopping areas. He commented that, as President of the Village Association, he would like to encourage commercial'structures with condominiums set behind, a.s long as the condominiums are not directly on Big Basin Way, since they would like to see that preserved for retail in the future. Commissioner Schaefer.stated that another comment made at the League of Cali- fornia Cities meeting was that the word "alternative" in several years may mean manufactured housing. Therefore, anoth. er word might be considered if the City does not mean manufactured housing. Commissioner Crowther inquired about incorporating the City's policies on secon~ units in ~'~.'e Hqusing Element. The City Attorney indicated that the - 1 - 'Pi'anning Commission ......... Page 2 Meeting Minutes 3/14/84 GPA-83-1-A (cont.) present element was drafted prior to last night's study session of the City Council and does call for consideration and adoption of a Second Unit Ordi- nance. The Council has now sent that ordinance back to the Commission for further action and consideration. FIe stated that if the City Council decides to modify the recommended ordinance they have received from the Commission, then obviously that would require changes in the Housing Element to the extent it refers to the Second Unit Ordinance as one means of providing lower cost housing.. He explained that the ordinance has been referred back to the Com- mission for the purpose of determining whether the Commission is able to make the findings required by State law for adoption of an ordinance which totally precludes second units throughout the City, and that will be coming back to the Commission as soon as it can be agendized. He added that he did advise the Council that that option had not been considered in detail by the Commission. Staff was' requested to get a copy of the findings from San Jose that they had made and the basis on which they made th6Z~!~ and also copies of adopted ordi- nances from the League of California Cities. The City Attorney clarified that if the Commission determines that they can make the findings Staff will certainly assist in drafting it and putting it into ordinance form; however, he does not anticipate that Staff will be giving recommended findings to the Commission. Discussion followed on the findings which would have to be made and the City Attorney was asked to p.~ovid~ some."e~les of what would be included under the categories. It was directed that this matter be continued to a study session on March 20, 1984 and the regular meeting of March 28, 1984. 4. A-928 - Dwayne Richards, Request for Design Review Approval to construct a split level single family residence at 14012 Palomino Way, in the NHR Zoning District It was directed that this item be continued to March 28, 1984. 5. A-934 - Parnas Corporation, Request for Design Review Approval to con- struct a two-story single family residence on Saratoga Heights Drive (Lot 10, Tract 6665), in the NHR Zoning District Staff reported that they have reviewed the revised plan showing the floor plan reversed and'the driveway adjusted, as suggested by the applicant at the last meeting, and recommend approval. The public hearing was opened at 7:35 p.m. No one appeared to a. ddress the Commission. Commissioner Siegfried moved to close the public hearing. Commissioner Peterson seconded the motion, which was carried unanimously. Commissione~ Siegfried moved to approve A-934, per the Staff Report dated February 16, 1984 and Exhibits "B", "C" and "D". Commissioner Hlava seconded the motion, which was carried unanimously 6-0. 6. A-936 - Pinn Brothers Construction, Request for Design Review Approval to construct 15 single story residences on the north side of Verde Vista 400 ft. south of Saratoga-Sunnyvale Road (Saratoga Horticultural Foundation) in the R-1-12,500 Zoning District Staff explained the proposal. It was noted that the house on Eot #5 extends into the front yard setback and will have to be moved ~obtain a variance, and the house on Lot #1 exceeds the floor area standard. The public hearing was opened at 7:45 p.m. The setbacks on Lots #2 and'#15 were discussed, and it was noted that the applicant defined the driveway frontage as the front yard; therefore he does now have the 25 ft. yard setback. Commissioner Peterson inquired about the drainage from a personal standpoint, since some of his neighbors have had some significant problems with flooding primarily from the Horticultural Society. Staff explained the proposed - 2 - Planning Commission Page 3 Meeting. Minutes 3/14/84 A-936 (cont.) drainage'system.and discussed the grading that will be done. Commissioner Siegfried moved to close the public hearing. Commissioner Hlava seconded the motion, which was carried unanimously. Commissioner McGoldrick moved to approve A-936, per the Staff Report dated M~rch 5, 1984 and Exhibi'ts "B" through "N", adding a condition that the home on Lot #1 shall be no greater than 4,000 sq. ft., subject to Staff approval. It was clarified that the condition #6 covers the home on Lot #5. Commissioner Crowther seconded the motion, which was carried unanimously 7-0. 7a..SDR-1545 - Warren Sturla, Request for Tentative Building Site Approval 7b. V-615 - and Design Review Approval for four (4) office condominiums 7C. A-900 and Variance Approval for compact parking and a reduced side setback at the southwest corner of Cox Avenue and Saratoga Creek Drive in a P-A Zoning District It was directed that this item be continued to March 28, 1984. 8a. Negative Declaration - SDR-1549 Frank Horvath 8b.SDR-1549 - Frank and Dagmar Horvath, Request for Tentative Building Site Approval to create two (2) lots at 22122 Mt. Eden Road in the NHR Zoning District It was directed that this item be continued to March'28, 1984. 9. A-937 - Steve Scialabba Request for Design Review Approval to construct a 2-story single family residence on Farr Ranch Court (at the terminus of Farr Ranch Road) in the NHR zoning district Commissioner Crowther abstained from the discussion and voting on this item because of pending li.tigation. Staff described the proposal, indicating that they were unable to make the findings and recommend denial. Commissioner Hlava gave a Land Use Committee report, describing the lot. She stated that they had looked at the other approved houses in the area that are already built and a lot of them do look,like 3-story homes because they back down the side of a hill. She noted that there was a consensus that this home looks fine from the front but does look like a 3-story or tri-level on the side as' you approach it. Commissioner Harris commented that there is quite a bit of screening on the east side, so looking up from the Arroyo area it would not be visible, whereas the Sinsley house and other homes on Parker Ranch Road are very visible from down below 'and look very much like~3'-story· houses. Commissioner Peterson indicated that he thinks the design offers'some relief from the 3-story massive feeling. The public 'hearing was opened at 8:05 p.m. Steve Scialabba, the applicant, gave a presentation on the project. He noted that by error.'th'e"Hom'~'~s'8% la~g'~r than he had anticipated. He discussed two solutions to reduce it; one to shrink the existing house or to omit the game room. Commissioner McGoldrick moved to close the public hearing. Commissioner Hlava seconded the motion, which was carried unanimously. Commissioner Siegfried indicated that his only concern was the visibility from the flat land looking at the home, and he does not think it is going to have any more impact than other homes that are there. He added that the fact that the site is 2.2 acres should be taken into account. Commissioner Harris stated that sh~ felt this house was more interesting than some of the Other homes in the area. She added that the most appealing feature was the deck, and she is bothered by the fact that the Staff Report is recommend- ing that there be no third story deck. She commented that she considers the home more a .tri-level than a 3-story. She also indicated that she would hate to see the applicant take off the game room because~she feels that is a big seller and he is obviously in the business of selling houses. Commissioner Siegfried moved to approve A-937, per Exhibits "B", "C" and "D" and the Staff Report dated March'8, 1984, deleting Condition #3 regarding the · PlaHning Commission Page 4 ~ '~eeting Minutes .3/14/84 ~- A-937 (cont.) deck, and making finding #3, ExceSsive Bulk, on the basis of the eucalyptus trees, the way ~'n which the home is se't given the topography of the site, the fact that it will not have excessive bulk. fr'om the' areas where it is most visible, the' architectural treatment, and the considerable setbacks because it is a 2.2 acre site. Commis-sioner Harris seconded the motion,!.~hfch~, was carried 6-0', with Commissioner Crowther abstaining. 10a.A-938 - Bob Bramlett, Reques't for Building Site Approval for an expan- 10b.SDR-1560 - sion greater than 50% and Design Review Approval for a 2nd story expansion and remodel_ exceeding 3,500 sq. ft. at 14440 Oak PlaCe 'i'n th~ 'R-I-'i'0,'0'00 z'o'ning"dis't'ri'c't Staff gave a .description of the proposal. They commented that the street improvements are shown to be subject to a Deferred Improvement Agreement; however, the Commission may wi'sh to consider the applicant making the improve- ments now rather than defer them, since there are improvements on this street immediat'ely north of this property. Commissioner Hlava gave a Land Use Committee report, indicating that there was no problem with the setbacks and no impact on any neighbors. The public hearing was opened at ~:14 p.m. No one appeared to address the Commission. Commissioner Peterson moved to close the' public hearing. Commis- sioner Hlava seconded the motion, wh'i'ch was carried unanimously. Commissioner McGoldrick moved to approve SDR-1560 per Exhibit "B" and A-938 per Exhibits "B", "C" and "D", and the Staff Report dated March 6, 1984. 'Commissioner Hlava seconded the motion. Di. scussion followed on the street improvements. CommissiOner Hlava commen'ted that the Commission needs to sit down and discuss when the Commission is going to defer improvements and when they are going to be required. She stated that she feels this is a case w]~ere the improvements have to be done now and thinks that it is a logical extension down this street of some already improved areas. Commissioner Peterson commented that he had inspected the site and looked at the road and felt it should be a Deferred Improvement Agreement. He stated that he does not have any quarrel wi'th the' streets but has a fundamental quarrel with putting in curbs and gutters.' Commissioner McGoldrick amended her motion to delete any reference to a Deferred Improvement Agreement for the' street impr.ovements in the Staff Report. Commissioner Hlava accepted the amendment. Commissioner Schaefer commented that she typically votes' against putting in pockets but thi'nks the roads out here warrant putting in these kinds of improvements at this time. The vote was taken on the motion, which was carried 6-1, with Commissioner Peterson dissenting. 11. A-939 Mr. and Mrs. East, Request for Design Review Approval to construct a 2-story, single family residence at 1214~ Parker 'Ranch Road, in the' NHR zoning di's'tri'c't Commissioner Crowther abstained from the discussion and voting on this item because of pending litigation. Staff described the application. Commissioner Hlava gave a Land Use Committee 'report, describing the lot and stating that there was no problem with this house obstructing any view. The public hearing was opened at 8:22 p.m. Mrs. East addressed the window upstairs and s~ggested a stained glass window. Commissioner McGoldrick moved to close the public hearing. Commissioner Hlava seconded the motion, wh'ich was ca'rried unanimously. Comm.issioner Peterson moved to approve A-939, per Exhibits "B", "C" and "D" and the Staff Report dated March 6, 1984, with Condition #3 to state that a stained glass window is an option as long as clear glass is not used. Com- missioner McGoldrick seconded the motion, which was carried 6-0,. with Commis- sioner Crowther abstaining. - 4 - Planning Commission Page 5 Meeting Minutes 3/14/84 12a. Negative Declaration - SDR-'15'61' ='Mr'. and Mrs. Levy 12b. A-940 Mr. and Mrs..Levy, Request for Building Site Approval and 12c. SDR-1561 - Design Review Approval to construct a single story resi- dence with a 2-story garage which exceeds 6,200 sq. ft. 'at '1'9'8'00 'Gl'e'n'Una"Dr'i'Ve, in the' HCR'D' Z'o'ni'ng"Dist'ri'c't' Staff explained the project. They stated' that the cabana requires a use permit and they are recommending that the he'ight of the cabana be reduced to 12 ft. when it is resubmitted for the use permit process. They added that they have been in cont'act by phone with the County regarding their conditions for the one portion of Glen Una on the side of'the site. Dis- cussion followed on these conditions. Staff indicated that the County will submit these conditions in writing within the next few days. Commissioner Hlava gave a Land Use Committee report, describi'ng the property and the proposed home. The public hearing was opened at 8:36 p.m. Mr. Levy, the applicant, gave a presentation on the project. He submitted pictures of what is on the property now, stating that they intend to remove all old structures. He indicated that they had shown the plans to the neighbors. Discussion followed' on the conditions of the Staff Report rela- tive to the widening of Glen Una. Mr. Levy stated that he feels' it is foolish to do these improvements now when the' rest of the street is not widened and requested that they be deferred. The impervious coverage on the site was discussed,~-and Mr. Levy asked for a modification to the maximum allowed. Staff commented that the Commission can grant a modification to certain standards in the HCRD Ordinance, wi'th the proper finding. Discussion followed on the impervious coverage. Commissioner Siegfried commented that he is not particularly disturbed about the 'impervious coverage, particularly since the site is 4% slope not only at the building site but the average site overall. Commissioner Schaefer commented that the lot is essentially slopeless, so she' does not feel the conditions for which the Commission is looking at relati've to HCRD applies to this lot. Commissioner Hlava agreed but commen'ted that this is the second time that the Commission has made an exception to impervious coverage, and the other one was a hillside lot. She stated that if the Commission wants to make all of these exceptions, then the r~gulations should be reviewed for possible changes. She added that she' agrees with Commissioner Siegfried's and Com- missioner Schaefer's comments, and prob~bl'y this property should not have been brought in as HCRD because 'it is not a hillside property. However, all of the lots in that area are coming in as HCRD. Commissioner McGoldrick commented that she agrees that the regulations ought to be reviewed, but she does' not. feel that the applicant ought to suffer because the C~mmissio~ is' dealing'~iti~ ordinances that they are not particu- larly fond of working with. Mr. Levy discussed the fencing and the cabana and described the rear of the property. The attic space was addressed, and Mr. Levy stated that it was for architectural design and he had no intention of using it for space. The correspondence received on the 'projec't was noted. Pamela Nesbitt, 15450 Pepper Lane, referenced her letter in opposition to the project. She stated that she feels a poor precedent is being set for the area. She indicated that there are no one story residences in the area of that height and a few two-stories, but they do not have this much impact. She added that she may wish to subdivide in the near future and she would be directly in line with this house. Commissioner Schaefer expressed concern 'regarding the height of the cabana and the fact that it is so close to the property line. She described the oth.er homes in the area and their views in relation to this home. She ;~o~men~ed ~Ji'~' .tb, is. sa. me:,.de~ i. gn./~'~t's ide the ~City has 'bee'~;' C~.~ve~e'd_ ~nt:~- ·. .!arge.~moy.ntS'of square..~Oot'hg¢'.]'She requested that4t not ever be added onto or used for an addition, which Mr. Levy has agreed to. She added that it should also be conditioned that they not be used ever for rental units unless the ordinance is changed. P~anning Commission t~· Page 6 Meeting Minutes 3/14/84 O A-940 and SDR-1561 (cont.) Discussion followed on the height· and size of the cabana. Staff clarified that the cabana is not being approved tonight. They added that at the time of the use permit for the ·cabana the design of the structure can come back for consideration. · Commissioner Siegfried moved to close ·the public hearing. Commissioner Hlava seconded the motion, which was·~darried unanimously. The City Attorney commented that if the Commission wi·shes to change the Staff recommendation regarding impervious coverage, in-addition to making the finding that the variation of the standard is in the interest of public health, safety and general welfare, there ·is a set of ten specific guide- lines and criteria. He discussed the·se and stated that if the· Commission considers going above the 15,000 sq. ft. of impervious coverage they should be able to justify that departure ·or modification of the standard based on one of the specific criteria. He indicated that the Commission can deal with this at the time of the cabana approval. Commissioner Hlava stated that she has a problem with the height and size of the cabana, and she does not think she would be inclined to support anything that is in the setback. She noted that the ba·ck neighbor has an existing house there. Commissioner Schaefer addressed the widening of Glen Una Drive, indicating that she feels that widening that street does not serve a good purpose.and would create a lot of hazard. She rec~ommended that this Street should not be widened now and should remain the· way it is. However, she feels that possibly an asphalt or concrete berm should be there. Staff commented that if it is the· consensus of the Commission to approve the project with deferred improvements, they would recommend that the matter be left open to allow Staff to take another look at what might be done now short of full improvements and bring it back at the next meeting. Commissioner McGoldrick moved to approve the Negative Declaration for SDR-1561. Commissioner Crowther seconded the motion, which was carried unanimously 7-0. Commissioner Crowther moved to approve SDR-15·61 and A-940, per Exhibits "B" and "C" and the Staff Report dated March 8, 1984, excluding the approval of the cabana and making the· street improvements under· Condition II deferred subject to review by Staff, and directing Staff to return with recommended street improvements at the··meeting on March 28, 198·4. In addition Condition 5 shall be amended to read that fencing plans sh~ll be· presented in detail to Staff for review and approval. Commissioner McGoldrick seconded the motion, which was carried unanimously 7-0. Co'mmissioner Siegfried commented that he was voting for this wi·th reservation, since he·is increasingly con- cerned about homes of thi·s size. He added that it is a beautiful home, but he thinks it has the size and magnitude of a house ·that is probably 10,000 sq. ft. in size. It was noted to Commissioner Schaefer that Condition #4 covers her concern relative to completion of the second floor. 13. A-941 - Mr. and Mrs. Penrose, Request for Design Review Approval to construct a 2-story single family residence at 12296 Farr Ranch Road in the NHR zon'i'ng di's'tr'ict Commi.ssioner Crowther abstained from the discussion and voting on this item because of pending litigation. Staff described the proposal. Commissioner Hlava gave a Land Use Committee report, describing the site. The public hearing was opened at 9:52 p.m. Bud Johnson, representing the applicant, stated that the applicant has ~ndicated a desire to maintain the circular driveway if possible. He gave a presentation on the project. Marty Oakley, the designer, discussed the desi.g~.·as it relates to·the. appearance of the house from the valley an~..ad~r~s's~'d'_'~h"~ ~l~'i~e.'Ij~'D'~Z~us~s~-~'l'lowed on suggested landscaping along the ·rear of ~he home. There was a consensus that the landscaping should be close to the·house.' - 6 - :~Pl~nning Commission -.. Page 7 Meeting Minutes 3/1.4/84 A-941 (cont.) Russell Crowther, 20788 Norada Court, stated that he lives adjacent to this site and is concerned abo.ut the items 'already addressed. In addition, he added, he is also oppose'd to the' color of the house' and would like it changed from a light gray to an earth ton~. Mr. Penrose, the applicant, stated that he had no objection to changing the color to a darker tone. He addressed the circular driveway and the land- scaping. Commissioner Hlava moved to close the public hearing. Commissioner' McGoldrick seconded the motion, whfch'was carried unanimously. After further discussion there was a consensus that a circular drivewa'y would be allowed. Commissioner Hlava moved to approve A-941 per Exhibits "B", "C" and "D" and the Staff Report dated March 9, 1984, adding a condition that the applicant 'submit landscape plans for Staff review which basically accomplish some screening and softening of the rear of the' house, with installation prior to final occupancy, and a condition that the color of the' exterior of the house shall be a medium tone. Commissioner Peterson seconded the motion, which was carried 6-0, wi'th Commissioner Crowther abstaining. 14. V-631 - Core and Candice 'Bregman, Reques't for Variance Approval to allow the construction of an 8' high, stucco fence in the front yard (5'-6" from the front property line) in the R-I-20,000 zoning 'district"at"2'0'3'3'0 S~rat'o'.g~-Lo's Gato's Road Staff described the proposal, recommending denial. The public hearing w~s opened at I0:10 p.m. No one appeared to address the Commission. Commissioner McGoldrick moved to close the public hearing. Com- missioner Hlava seconded the motion. Commissioner McGoldrick moved to deny V-631 per the Staff Report dated March 7, 1984. Commissioner Crowther seconded the motion, whi'ch was carried unani- mously 7-0. Commissioner Schaefer commented that the history of having fences along that road, even though the noise has increased, is not a good practice and she agrees with the Staff Report. The 'impervious coverage on the site was ques- tioned by Commissioner Hlava. Staff commented that they felt they had not exceeded the maximum; howe'ver, they would check the figuresi. DESIGN REVIEW 15. A-660 Joseph Masek, 14435. Big.Basin, Modification of Design Review Ap'p'r'ova'l';' c'ont'inue'd 'from January' 25', 198'4 It was directed that this matter be continued to March 28,. 1984. MISCELLANEOUS 16. UP-218 - Congregation Beth David Synagogue, Discussion of violation of condi't'io'n o'f'Us'e 'permit Staff reported that there had been a violation of the condition in the use permit which prohibits educational facilities, i.e. day care. They noted that there has been a complaint from the neighbors relative to the substantial noise on the playground. They indicated that they h.ave been in contact with the synagogue; however, the noise'has continued. The correspondence received from the day care school, requesting that they be allowed to continue this use through the current school year, was noted. The conditions of the use permit we're discussed. Chairman Schaefer commented that the needs have changed regarding school and to stop the school at this time of year would be very difficult. The options wer'e discussed, i.e. removing playground equipment or moving it to anothe'r area in agreement with the neighbors. Michael Leitner, President of the' Board of Directors of the Yavneh Day School, .~PI~nning commission .... Page 8 Meeting Minutes'. 3/14/84 UP-218 (cont.) discussed their operation. He indicated that they have been in contact with the neighbo.r5 to work out a solution. Options regarding the playground equipment were discussed. Bruce Farly, a neighbor, indicated he had met wi'th 'the 'president of the synagogue, wh'o was pleasant,.bUt the"noise 'has continued'. He ~tated that the major issue is the noise, and the only solution is not to use the courtyard area, since that area reflects the sound toward the houses. Discussion followed on another' area' for' the ch-ildren to use. Mr. Leitner mentioned a huge grassy area on the' other side. He noted that it is not enclosed or protected at this time, and possible fencing for that area was discussed. The City Attorney commented' that now 'there is an established violation of the use permit, and the Commission has the power to direct Staff to suspend the use permit immediately and discontinue it immediately. He stated that they could direct Staff to take that action unless the' play area is relocated to a portion that is designated wi'thin a certain period of time. He explained the procedure that would be used' if the condition is not met. After further discussion it was the consensus of the Commission that the. day school operation would be a].lowed to continue until the end of the school year, June 30, 1984, with the condition that the playground area will not be used after Monday, March 19, 1984. Mr. Leitner inquired about a temporary fence to be put up in the grassy area on the other side of the building by the .parking lot. He was informed that if a fence iS built that is n'6"']Yi~h'e~ ~.~h..~.n..6~f.~!within the setbacks there is no permit needed. 17. Rhett's, 14577 Big Basin Way, Request for-Addition of amplified music and dancing use in C-'C 'zoning 'di'Stri'ct Staff reported that Rhett's restaurant is having amplified music and dancing, which has prompted complaints from the neighbors.and is in violation of the zoning. Staff asked for direction as to whether the Commission would like them to prepare a resolution for the inclusion of such uses within the zone or whether the Commission wishes to direct the restaurant to make a more formal request for a change in that .zoning. Jan Wardner, Manager of Rhett's, commented that they had stopped the dancing in the last two weeks because they did not want to be in violation. She commented that they had purchased the business with the idea that they culd ]have dancing. She discussed their operation. Ms. Wardnet indicated that they have.talked to the neighbors, and all of the complaints are being made by one resident across the street in'the apartment building. She submitted a petition in favor of the operation. It was noted'that the ordinance would have to be changed to allow this use as an allowed or.conditional use. Control of the operation was discussed. Commissioner Peterson stated that he see this as a favorabl.e tenant mix for the Village and thinks a conditional use permit is the solution for control. Commissioner Schaefer expressed her concern about bringing in a lot of people into the City and ?hanging the feeling of what the Village area is and what our commercial zonzng.:areas have been. She commented that' the hours for this type of operation are very late hours and it is adjacent presently to the residential areas. After discussion there was a consensus that the Commission would be willing to consider the use but would need appropriate input. They determined that ifRhett"s wishes to pursue the amplified music and dancing they should apply for a formal application to amend the ordinance to allow that use, and. if that is approved they can then apply for a use permit. The process was discussed, which entails public hearings by both the Commission and the City Council. Don Eagleston stated that he sees this as a controversial issue. He stated that very few businesses are still open at the' time of the music and dancing. He noted that he does not think the representation on the petition which was presented is adequate to give 'a cross-section of the neighborhood and he would like that input. He added that he also sees a long term effect on the Village area. - 8 - ~Planning Commission Page 9 Meeting Minutes 3/14/84 18. UP-315 - Radoni Construction Co., Status of Use Permit at end of. 15-day period Staff discussed the Staff Report as to the conditions of the' use 'permit, which lists the areas that have not been complied with. It wa's noted that the previous motion by the Commission had included a timeframe which the applicant had to meet. Staff noted the' correspondence Wh'ich had been sent to the applicant regarding the use permit and also stated that they had been iHf0'rm~d...th~f Sf'aff Was Submitting a report to the Commission at this meet- ing. Commissioner Hlava stated that she' fee'Is that there has been more than adequate time in which 'to deal wi'th th.i's subject. She moved to revoke UP-315. Commissioner McGoldrick seconded the motion, which was carried 6-1, with Commissioner Schaefer' dissenting because she would like to look at the site again before taking action. CO~IUNICATIONS Oral 1. Chairman Schaefer' thanked the 'Saratoga 'News for attending the meeting and the Good Government Group for attending and serving coffee. ADJOURNMENT It was moved and seconded to adjourn the meeting. The motion was carried unanimously, and the meeting was adjourned at 11:15 p.m. ~rt~.u~hoo~ed' SeCret'ary RSS:cd