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HomeMy WebLinkAbout08-27-1986 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: August 27, 1986 - 7:30 P.M. PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga CA TYPE: Regular Meeting Roll Call: Present: Chairwoman Burger, Commissioners Harris, Siegfried, Guch, Pines, Callans, Tucker Approval of Minutes; Planning Commission Meeting of August 13, 1986; the following change was requested: On page 5, paragraph beginning with "Commissioner Siegfried feels..." delete the phrase "however, the Commission recognizes that the carport is already built." and add "however, the Commission recognizes that the garage has already been enclosed." HARRIS/SIEGFRIED MOVED TO APPROVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 13, 1986, AS AMENDED. Passed 5-0 Chairwoman Burger, Commissioner Guch abstaining. HARRIS/SIEGFRIED MOVED TO APPROVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 19, 1986. Passed 5-0 Commissioners Siegfried, Guch abstaining. CONSENT CALENDAR: 1. TUP-86-001 - Valley Institute of the Arts (Vita), request for approval of a temporary use permit to conduct a dinner-auction of September 6, 1986, Glen Brae Dr., per City Code Sec. 15-60.050. 2. LL-19 - Russo, request for approval of lot line adjustment to transfer 800 sq. ft. from 21205 Canyon View Dr. per court order. PUBLIC HEARINGS CONSENT CALENDAR: 3. SDR-1626 - Alan Pinn, request for tentative map aproval to resubdivide 12 lots into 9 lots ranging from 20,100 sq. ft. to 35,200 sq. ft. on property located off Hill Ave. between Vine Ave. at the east and Pleasant Ave. at the west in the R-1-20,000 zoning district. Continued to September 10, 1086, per request of the Applicant. The Commission requests that Item 3 be transferred to the Public Hearing. 4. C-234, - Duncan, approval of Negative Declaration and request for General Plan GPA-86-2 Amendment from very low density residential (1.09 dwelling units per acre) to multi-family residential (up to 14.5 units per acre) and rezoning of property from R-I-40,000 to LRM-5,000. Property is aproximately 1.982 acres and is vacant, located at the southwest comer of Glen Una Drive and Saratoga-Los Gatos Road. Continued to September 10, 1986 for readvertisement. Applicant has revised request. The Commission requests that Item 4 be transferred to the Public Hearing. The Chairwoman acknowledged receipt of letters addressed to this Item. PLANNING COMMISSION MEETING Page 2 AUGUST 27, 1986 CONSENT CALENDAR Continued 5. A-1004 - Schiro, request for a two-year extension of a design review approval of a second story addition to an existing single family dwelling at 13902 Upper Hill Ct., per Chapter 15 of the City Code. HARRIS/SIEGFRIED MOVED FOR APPROVAL OF CONSENT CALENDAR. Passed 7-0 PUBLIC HEARINGS: 6. SDE-1630 - Andrew Carter, request for building site approval and design review approval DR-86-021 for a new single family residence on a 1.18 acre lot located on Pierce Road approximately 900 sq. ft. south of Houston Ct. in the R-I-40,000 zoning district. Continued to September 10, 1986. 7. DR-86-017 Saude, request for modification to previously approved plans to allow construction of 6762 sq. ft. of home instead of 6200 sq. ft. as previously approved at 14599 Deer Springs Ct. in the NHR zoning district. Planning Director Hsia read the Report to the Planning Commission of August 27, 1986 and stated that Staff recommends denial of the request for design review approval. In response to Commissioner Harris' question, Staff confirmed that basement square footage is not contained in the total square footage of the house. The Public Hearing was opened at 7:40 P.M. Mr. Frank Saude, Applicant, questioned figures on the Technical Information/Staff Analysis sheet: - Staff Analysis, A. Background, second paragraph, total square footage is not 6790 sq. ft.; the correct total square footage is 6762. Mr. S ~ade stated that this figure was verified by the Planning Director at the request of the City Council. - The Applicant has reduced the size of the family room, reduced the front side of the house, and moved the garage into the house 8 feet. On B., Current Proposal, second paragraph, the Applicant's lot is not 1.2 times the lot area standard; the correct figure is 1.37 times the lot area standard. The lot is 37% larger than the 40,000 square foot minimum for the zoning. The Applicant is not asking for 37% more house; he is requesting only 9% more house. On B., third paragraph, figures for the homes are incorrect: The figure of 5838 square footage should read 5900 square feet. The figure of 6090 square feet should read 6936 square feet. The figure of 7800 square feet is larger also. In the fourth paragraph, which states that the Applicant has 23,500 square feet of buildable area; the house listed in paragraph three of the Staff Analysis as 5638 square feet has 12,000 square feet of buildable area. These property owners have 2.4 acres of land, however, the remainder of the lot is at approximately a 60 degree angle. In the same paragraph, the Applicant questioned the figures of 7, 15, and 16 percent and stated that actual figures are probably larger. PLANNING COMMISSION MEETING Page 3 AUGUST 27, 1986 PUBLIC HEARINGS Continued The Applicant is not requesting that the house be larger; rather, he requests that a four car garage be permitted. With the removal of two spaces in the garage, the house would be approximately 6180 square feet. This would meet the requirement. He requests an additional two car garage which will keep his vehicles off of the street, and off of the driveway. Finally, Mr. Saude questioned whether the house will impact the privacy of other home owners in the area. Commissioner Pines asked Staff to comment on the numbers presented by the Applicant. City Attorney Toppel reviewed the dates of approvals for this house and stated that various methods of calculating square footage have been used, creating the possibility that these methods account for differing figures. Planner Caldwell stated that the enu'yway, stairways, two story balconies or two story entry ways may have been areas that were double counted. Commissioner Siegfried concurred that if the square footage was calculated today, there would be discrepencies; he expressed concern at a proposed garage in excess of 1000 square feet. The house, however, is in an area of large houses. HARRIS/PINES MOVED TO CLOSE THE PUBLIC HEARING AT 7:56 P.M. Passed 7-0 Commissioner Siegfried stated that this is a unique area of large homes, and since there is no major violation of standards, he does not have serious concerns regarding approval of the application. Chairwoman Burger asked about the information available to the City Council when the original decision of the Planning Commission was upheld, ie., limiting square footage to 6200 sq. ft., 1.07 acres, 1.2 times lot size; Staff stated that this information was not available. In response to Commissioner Siegfried's question, Mr. McBain, designer of the house stated that the major change to the house is that the garage structure was lowered by the elimination of a play area above. Commissioner Pines stated that he prefers a smaller house on this site, but realizes that reducing the garage will not change the perception of the size of the house. Planning Director Hsia reminded the Commission that the City Council upheld the decision of the Commission limiting the size of this structure to 6200 square feet. PINES/SIEGFRIED MOVED FOR APPROVAL OF DR-86-017. Vote 3-4 Commissioners Pines, Siegfried, Callans in favor; Chairwoman Burger, Commissioners Harris, Guch, Tucker opposed. Commissioner Harris clarified her vote, stating that she agreed with the Staff Report that the lot would be overbuilt with approval of this application; she is unable to make the required Findings. Chairwoman Burger concurred with the original decision of the Commission that this house would be limited to 6200 ft. City Attorney Toppel confirmed that the decision of the Commission can be appealed to the Council, even though the application is a request for a modification on an approval previously granted. BURGER/HARRIS MOVED TO DENY DR-86-017 PER THE STAFF REPORT. Vote 4-3 Chairwoman Burger, Commissioners Harris, Guch, Tucker in favor; Commissioners Pines, Siegfried, Callans oppossed. Commissioner Siegfried informed the Applicant that the four Commissioners voting in favor of denial, will again vote in favor of denial if this application is presented minus the 500 square feet of garage. City Attorney Toppel confirmed that the Applicant can present to the Staff plans to build this house with an approved 6200 square feet by removing two stalls in the garage. Commissioner Siegfield stated that the denial of the application was due to the bulk of the house; if the applicant can build the house as is, denial of the application means nothing. The Applicant asked if this application could be reviewed by a study session of the Commission. Commissioners Guch and Pines questioned the rationale for a study session. City Attorney Toppel stated that a Motion and Vote were needed for reconsideration of the application; this vote will revoke the denial previously approved. HARRIS/TUCKER MOVED TO RECONSIDER DR-86-017 AT A STUDY SESSION OF THE PLANNING COMMISSION ON SEPTEMBER 10, 1986. Passed 7-0. PLANNING COMMISSION MEETING Page 4 AUGUST 27, 1986 MISCELLANEOUS: 8. EP-86-001 Poppenberg, request for approval of encroachment permit to allow 6 ft. high wooden fence in the public right-of-way at 12320 Titus Ave. at the corner of Titus Ave. and Brookview. Planning Director Hsia read the Report to the Planning Commission of August 27, 1986. Commissioner Harris reported on the land use visit of the site. The Chairwoman added that the RV trailer cannot be moved further into the yard which would allow the fence, screening the trailer to be moved funher back also. Mr. Mark Poppenberg, Applicant, stated that the fence was built in reponse to a discussion with a Community Services Officer. The receipt of a letter noting encroachment problems stunned the applicant. He suggested that the fence could be moved back from the curbline 3 feet and planters could be installed to screen the front of the fence. Mr. Bill Shefidon, 19766 Elisa Ave., Saratoga, stated that he initiated the complaint by contacting the Community Services Officer a year ago. Mr. Sheridon related the history of Commission and Council denials of this permit and presented pictures of the property in question. He stated that regardless of where the RV is placed, building on City property to the curb or to a 3 foot depth is a Code violation. Mr. Thomas Reddick, 12389 Larchmont Ave., Saratoga, presented pictures of the applicant's fence and read the Ordinance that applied to this application. He questioned the authority of Community Services Officers and registered a complaint. Mr. Reddick related the situation of his neighbor who also has an RV parked in the yard and has complied with the Codes and Ordinances of the City of Saratoga. He stated that approval of this permit application may result in a petition being initiated by him and others who oppose this situation. Mr. Poppenberg stated that he is on a corner lot with a driveway on Brookview Ave. and asked if this is considered to be his side yard which would allow a 6 ft. fence within 8 ft. of the curb; Planner Caldwell stated that there is no differentiation on a comer lot. The Applicant stated that being on a comer lot, he understood that the driveway desinated that pan of the property as the side yard and building the fence to the curb on the side yard was allowed. The fence can remain if brought back 8 ft. from curbline. Mr. Poppenberg commented that the previous speaker lives several blocks from him and questioned why his RV would bother Mr. Reddick. Ms. Mary Kohler, 12091 Country Squire Lane, Saratoga, stated that the fence is not aesthetically pleasing to the neighborhood and she does not approve of the fence. Commissioner Siegfried concurred with the previous comments and will not approve the encroachment permit. Commissioner Harris cannot make the Finding that this fence is compatible with the neighborhood. Commissioner Guch, who lives nearby, stated that fences of this type are not common to the neighborhood; she cannot make the necessary Finding.. Mr. Dave Lapic, Community Services Officer, City of Saratoga, continned that two years ago he received a complaint regarding the storage of the Applicant's RV; he advised the Applicant of the Ordinance concerning storage of an RV and front setback requirements. Mr. Lapic stated that he made a mistake, figuring that the front setback was measured from the curb rather than from the right-of-way; later, a letter written to the Applicant advised him of the correction. Chairwoman Burger stated that while the fence may not impair visibility or decrease safety in the area, the fence is incompatible with the surrounding neighborhood. SIEGFRIED/HARRIS MOVED TO DENY EP-86-001 PER THE STAFF REPORT. Passed 7-0 PLANNING COMMISSION MEETING Page 5 AUGUST 27, 1986 PUBLIC HEARINGS Continued Mr. Poppenberg stated that he would move his fence the required 8 feet from fight-of-way. He questioned whether he would be reimbursed, and by whom, the approximate $1000 cost of the fence and permit application, since an employee of the City made the mistake. The City Attorney adivsed the Applicant regarding his fight of appeal; he stated that the City does not assume an obligation to reimburse, however a claim could be filed. In response to further questions, the City Attorney offered to meet with the Applicant to pursue the issue at another ume. Planner Caldwell stated that this Ordinance will be reviewed in October. Mr. Poppenberg commented that he took off work to be available for the land use visit by the Commission; however, when they came to his property they did not stop to announce their visit nor introduce themselves. He requested that in the future, greater courtesy be shown. COMMUNICATIONS: Wfiuen: Letter from Saratoga Fire Department Letter regarding the Saratoga Gardens Nursery Letter regarding an air quality element in the General Plan which will be submitted as a Report to the Mayor and the City Council. Chairwoman made this letter available for revxew. Oral by Commission: City Council Report: Meeting of August 20, 1986 cancelled. ADJOURNMENT; SIEGFRIED/HARRIS MOVED TO ADJOURN THE MEETING The Meeting of the Planning Commission was adjourned at 8:45 P.M.