Loading...
HomeMy WebLinkAbout01-27-1988 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: January 27, 1988 - 7:30 P.M. PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Roll Call: Present: Chairwoman Harris, Commissioners Guch, Siegfried, Burger, Kolstad Commissioners Tucker, Clay absent. Approval of Minutes: None Deletions to the Agenda: None ORAL COMMUNICATIONS; None REPORT OF CLERK ON POSTING OF AGENDA: Pursuant to Government Code 54954.2, the agenda for this Meeting was properly posted on January 22, 1988. PUBLIC HEARINGS CONSENT CALENDAR: 1. SD-87-018 Hayes, 21130 Ambric Knolls, request for tentative building site and DR-87-139 design review approval to construct a new 6,187 sq. ft. two-story residence on a one-acre lot in the R-1-40,000 zoning district per Chapters 14 and 15 of the City Code.. Continued to February 10, 1988 2. DR-87-114 Westbrook, 20601 Lomita .Ave., request for design review approval of plans to construct a 1,118 sq. ft. two-story addition to an existing one-story single family home in the R-l-10,000 zoning district per Chapter 15 of the City Code. Continued to February 24, 1988. 3. V-87-029 Coffey, 13287, 13286 Glasgow Ct., request for variance approval of plans to construct an 8 ft. high rear yard fence where a 6 ft. high fence is allowed in the R-1-12,500 zoning district per Chapter 15 of the City Code. 4. DR-87-156 Chen, 12805 Picea Ct., request for design review and variance approvals V-87-030 of plans to construct a new 4,884 sq. ft. two-story home on a lot with an average natural slope at the building site of 35% where 30% is the maximum allowed in the NHR zoning district per Chapter 15 of the City Code. 5. DR-87-083 Parnas Corp., 21750 Vintage Lane, request for design review approval of plans to construct a new 5,776 sq. ft. two-story single family home in the NHR zoning district per Chapter 15 of the City Code. 6. DR-87-120 Parnas Corp., 21779 Congress Springs Ln., request for design review approval of plans to construct a new 5,016 sq. ft. two-story single family residence in the NHR zoning district per Chapter 15 of the City Code. 7. V-87-023 Farmer, 13765 Saratoga Ave., Request for legalization of an existing SUP-87-002 second unit and granting a variance to allow the construction of a new two-car garage 4 ft. from the front property line in lieu of 25 ft. required in the R-i-20,000 zoning district per Chapter 15 of the City Code. Chairwoman Harris noted Public Hearings Consent Calendar Items 1 and 2 were continued. Commissioner Guch requested removal of Public Hearings Consent Calendar Item 3. Commissioner Guch requested removal of Public Hearings Consent Calendar Item 4. Commissioner Burger requested removal of Public Hearings Consent Calendar Item 5. A member of the public requested removal of Public Hearings Consent Calendar Item 7. PLANNING COMMISSION MEETING Page 2 JANUARY 27, 1988 PUBLIC HEARINGS CONSENT CALENDAR Continued GUCH/SIEGFRIED MOVED APPROVAL OF CONSENT CALENDAR ITEM 6. Passed 6-0 3. V-87-029 Coffey, 13287, 13286 Glasgow Ct., request for variance approval of plans to construct an 8 ft. high rear yard fence where a 6 ft. high fence is allowed in the R-1-12,500 zoning district per Chapter 15 of the City Code. Commissioner Burger reported on the land use visit. Commissioner Guch requested information on landscape screening in relation to the fence; Commissioner Burger responded that screening would be installed along the rear property line in addition to the fence. Commissioner Kolstad was favorable to such. Planning Director Hsia noted that the landscape screening would be 6 ft. high on a 2 ft. grade; he added that such would prevent privacy intrusion. The Public Hearing was opened at 7:45 P.M. BURGER/SIEGFRIED MOVED TO CLOSE THE PUBLIC HEARINGS AT 7:46 P.M. Passed 5-0. Mr. Robert O'Brien, 20452 Cunningham PI., Saratoga, presented pictures of the site. BURGER/GUCH MOVED APPROVAL OF V-87-029 PER THE MODEL RESOLUTION. Passed 5-0. 4. DR-87-156 Chen, 12805 Picea Ct., request for design review and variance approvals V-87-030 of plans to construct a new ;4,884 sq. ft. two-story home on a lot with an average natural slope at the building site of 35% where 30% is the maximum allowed in the NHR zoning district per Chapter 15 of the City Code. Commissioner Burger reported on the land use visit. Commissioner Guch noted concern regarding 29 ft. height to the rear, impact on the viewshed and a large, exposed under floor area; she felt that such would add to the perception of bulk. Planning Director Hsia presented the Report to the Planning Commission, January 27, 1988; Planner Caldwell noted in Exhibit "A" Condition 13. d) to be deleted. The Public Hearings was opened at 7:52 P.M. Mr. Shih, Project Designer, noted the difficultyof designing a house for this site and added that landscaping would be added to lower portions of the house to screen the crawl space area. Chairwoman Harris summarizing concerns of several Commissioners regarding the design presented. She felt that landscaping would not adequately address the concerns expressed and asked that consideration be given to a design that would step the house up the hill. Mr. Shih called attention to the steepness of the slope and the grade of the lot. He felt that due to distance, visual impacts of the house would not be so great as fu'st appeared; from the street level, this house would appear to be one story. BURGER/KOLSTAD MOVED TO CLOSE THE PUBLIC HEARING AT 7:59 P.M. Passed 5-0. Commissioner Kolstad noted the prominence of gabled roofs as opposed to hip roofs; hip roofs appeared to blend in with the landscape. With respect to the house in question, he asked that a redesign be submitted with landscaping of the lower portions of the house addressed. He felt that distance alone wouldn't mitigate the impact of a gabled roof of the length proposed. Commissioner Burger asked whether stepping the house required extensive grading of the site; Commissioner Guch noted that substantial grading was already required due to the cut. PLANNING COMMISSION MEETING Page JANUARY 27, 1988 PUBLIC HEARINGS CONSENT CALENDAR Continued .2 Commissioner Burger felt that considerable impacts would result from the design proposed and ~ concurred that a detailed landscaping plan was required. Commissioner Guch's original concerns were. the massive rear elevation, the three-story appearance and a lack of design interest mitigating the rear elevation; she not feel that land- -: scaping would adequately screen the piers. Commissioner Siegfried concurred regarding the :, need for variation in design of the rear elevation and favored landscape screening. Chairwoman Harris felt that the design proposed was insensitive to the lot; she cited the length and height of the house. She opposed the 29 ft. and suggested a reduction to a 26 ft. height. ~. Mr. Shih was agreeable to a Continuance of this Application and attending a Study Session. .' GUCH/BURGER MOVED TO CONTINUE DR-87-156 AND V-87-030 TO FEBRUARY 24, 1988, WITH A STUDY SESSION TO BE HELD ON FEBRUARY 2, 1988. Passed 5-0. .: 5. DR-87-083 Parnas Corp., 21750 Vintage Lane, request for design review approval of plans to construct a new 5,776 sq. ft. two-story single family home in the NHR zoning district per Chapter 15 of the City Code. Commissioner Burger reported on the land use visit. Commissioner Guch noted concern regarding the 29.5 ft. height. She cited the 344 sq. ft. attic space not included in total square footage; the addition of such raised the total to 6120 sq. ft. and created a perception of bulk. She asked that Exhibit "A", 14. d) be deleted. Planning Director Hsia presented the Report to the Planning Commission, January 27, 1988. Planner Caldwell stated that the Application was submitted before an Ordinance amendment requiring 7 1/2 ft. attic space to be counted; while the Applicant was not obliged to include this area in the total, Staff wished to bring such to the Commission's attention. The Public Hearing was opened at 8:12 P.M. Mr. Wendell Roscoe, Parnas Corporation, presented pictures of the site. He felt that the prospective of the house from the street considerably reduced the perception of bulk; the small amount of square footage in the attic would not impact an adjacent house to the right. Chairwoman Harris noted that an adjacent subdivision view's would be upward toward the site; vertical roof lines accentuated height. Commissioner Kolstad noted the visibility of the site Mr. Roscoe responded that a change in the roof would destroy the integrity of the design. BURGER/KOLSTAD MOVED TO CLOSE THE PUBLIC HEARING AT 8:23 P. M. Passed 5-0. Commissioner Kolstad favored a height reduction--at least to the height of adjacent homes; Commissioner Burger concurred; however, variation in the roof height added visual interest. Commissioner Siegfried, while not concerned about the 29 ft. height, questioned the style of the proposed roof for this site; however, he favored the variation in roof height. Commissioner Guch opposed the 29 ft. height and the uncounted attic space; she was favorable to variations in the roof. She noted the impacts to adjacent homes looking up at this site and recommended that the roof peaks be reduced; such would not do violence to the roof line. Chairwoman Harris concurred and commented favorably on the design; she reiterated concerns that the vertical lines would accentuate the height. Mr. Roscoe reviewed the neighborhood, the design proposed and the existing landscaping; the Commission asked that revised drawings reducing the roof be presented at the Study Session. The Public Hearing remained open. GUCH/BURGER MOVED TO CONTINUE V-87-023 AND SUP-87-002 TO FEBRUARY 24, 1988, WITH A STUDY SESSION HELD ON FEBRUARY 2, 1988. Passed 5-0. PLANNING COMMISSION MEETING Page 4 JANUARY 27, 1988 PUBLIC HEARINGS CONSENT CALENDAR Continued 7. V-87-023 Farmer, 13765 Saratoga Ave., Request for legalization of an existing SUP-87-002 second unit and granting a variance to allow the construction of a new two-car garage 4 ft. from the front property line in lieu of 25 ft. required in the R-I-20,000 zoning district per Chapter 15 of the City Code. Commissioners Burger and Kolstad reported on the site visit. Planning Director Hsia presented the Report to the Planning Commission of January 27, 1988. Planner Caldwell noted a correction to the Staff Report, front setback was 30 ft. not 25 ft. The City Attomey reviewed the current Second Unit Ordinance. He advised that requirements for owner occupancy and age could not be modified without Findings being made; Findings could not be made for waiver of owner occupancy and age restmctions. He noted a correction in the Model Resolution, 4., to read, "The use permit..." He stated that the lack of two covered parking spaces raised new issues for the main structure; such created a non-conforming main structure. Chairwoman Harris was concerned about a variance request to allow 4 ft. where 30 ft. was re- quired, especially when required parking was removed to accommodate the second unit. The Public Hearing was opened at 8:53 P.M. Mr. Jimmy Fox, Architect, responded that the rear portion of house closest to the second unit had been an addition to the house; previously there had been space to maneuver the cars. He noted the 100 year flood line that transected the 15roperty. Mr. Fred Reid, whose property boardered on three sides of the Applicant's property, stated that such had formerly been screened by trees and vegetation, now destroyed by residents of this house. Pictures were presented. He objected to the legalization of this second unit and the granting of the variance requested; he asked that the garage use be restored and questioned the Applicant's compliance with the Second Unit Ordinance requirements. Mrs. Virginia Farmer, Applicant, stated that when she purchased the property, she understood that covered parking would have to be provided and the existing second unit legalized; she intended to do both. Two large pine trees were infested with beetles and had to be removed; in addition, a fence and a utility pole were weakened by heavy ivy and were no longer functional. With respect the second unit, she intended to comply with requirements of the Second Unit Ordinance and would not rent the house; her husband meet the age requirement. Mr. Fox added that it would be almost impossible to convert the second unit back to a garage; he reiterated that there was no area sufficiently large enough for a turn around for a car. Mr. Reid responded to questions regarding the neighborhood addressed by the Commission. SEIGFRIED/BURGER MOVED TO CLOSE' THE PUBLIC HEARING AT 9:20 P.M. Passed 5-0. Commissioner Siegfried noted that the required garage could not be placed in the front yard and was favorable to the granting of the variance requested; however, such was a separate issue from legalization of the existing second unit. He noted difficulty in approving the second unit. Use of the accessory structure for a garage would be very useful. Commissioner Kolstad was unfavorable to legalizing the second unit and opposed granting a variance for a non-conforming use. He suggested consideration of design alternatives and questioned the adequacy of the 14 ft. 6 in. area for ingress/egress of a two car garage. Commissioner Burger was opposed to legalization of the second unit and the granting of a variance for the garage; such violated setback requirements. She suggested a creative approach to the construction of a garage. Commissioner Guch, Chairwoman Harris concurred. GUCH/BURGER MOVED TO DENY WITHOUT PREJUDICE V-87-023. Passed 5-0. GUCH/BURGER MOVED TO DENY SUP-87-002. Passed 5-0. Break: 9:30 - 9:43 P.M. PLANNING COMMISSION MEETING Page 5 JANUARY 27, 1988 PUBLIC HEARINGS; 8. DR-87-095 Cartmell, 14350 Paul Ave., request for design review approval of plans V-87-025 to construct a 1,099 sq. ft. two-story addition to an existing single-story residence in the R-l-10,000 zoning district. In addition, variance approval is requested to allow a one-car garage where a two-car garage is required per Chapter 15 of the City Code. Continued from November 17, 1987. Planning Director Hsia presented the Report to the Planning Commission, January 27, 1988. The Public Hearing was opened at 9:45 P.M. Mr. Sam Cartmell, Applicant, noted the following points: Concern regarding the legal questions surrounding the easement Variance Finding 4., cited an example of a variance allowed for a one-car garage Variance Finding 5., noted that off-street parking space already existed in this area Ms. Barbara Crane, 14360 Paul Ave., Saratoga, supported the variance requested and cited her letter of November 10, 1987. She presented an exhibit showing the adjacent sites and noted her concerns regarding use of a 5 ft. easement as a private road. Chairwoman Harris noted difficulty making the necessary Findings. BURGER/KOLSTAD MOVED THE CLOSE THE PUBLIC HEARING AT 9:56 P.M. Passed 5-0. Commissioner Kolstad opposed the granting the variance requested and asked for additional information on the existing easement; the City Attorney presented a stipulation of agreement between the parties involved, a deed of trust and a site drawing. He reviewed legal documents showing the width, length and conditions of the easement and noted that such was installed for utilities as well as the ingress/egress of the site. He concluded that the Applicant had rights to use the easement as a driveway with placement of the garage in the rear. Commissioner Kolstad felt that putting a two-car garage to the rear of the property would be more beneficial to the City, even with a variance for encroachment of the 10 ft. easement. Chairwoman Harris noted difficulty in making the necessary Findings. Commissioner Burger stated that the request was both logical and appropriate. In order to construct a garage in the rear yard, there would also have to be a turn around area; such increased the impervious coverage on a substandard lot, further reducing the rear yard area. Construction of the garage/turn around would deprive the Applicant of use of the rear yard far beyond the deprivation experienced by adjacent' property owners and thus, prevented enjoy- ment of a common privilege. Thus, by definition, was not special privilege. The Applicant's proposal to construct a one-car garage and off-street parking site removed cars from the public right of way and therefore was not detrimental to the public health, safety and welfare. Commissioner Siegfried noted that the Applicant was attempting to modify an existing house in keeping with the neighborhood. But for the easement, there would be no question of putting a two-car garage to the rear of the property; such would be impactful, destroying the rear yard area and potentially impacting the privacy of adjacent homeowners. Viewing the neighborhoed as a whole, the granting of a variance would provide additional off-street parking. The City Attorney stated that the installation of landscaping in the easement area could be viewed as necessary to mitigate impacts of the second story addition. A Finding of special circumstance could be made in that an easement existed; landscaping was required to mitigate development which was of great concern to both the Applicant and an adjacent property owner. Mr. Ireland commented on the Application.' Commissioner Burger questioned adding a Condition requiring landscaping. PLANNING COMMISSION MEETING Page JANUARY 27, 1988 PUBLIC HEARINGS Continued BURGER/GUCH MOVED APPROVAL OF V-87o025 MAKING THE FINDINGS: 1. EXISTANCE OF AN EASEMENT ALLOWS THE INSTALLATION OF A TWO-CAR GARAGE; CONSTRUCTION OF A GARAGE/TURN AROUND AREA IN THE REAR YARD INCREASED IMPERVIOUS COVERAGE ON A SUBSTANDARD LOT, FURTHER REDUCING THE REAR YARD AREA; SUCH DEPRIVED THE APPLICANT OF USE OF THIS AREA FAR BEYOND THE DEPRIVATION EXPERIENCED BY ADJACENT PROPERTY OWNERS 2. EXISTENCE OF AN EASEMENT IS CONSIDERED TO BE AN EXCEPTIONAL PHYSICAL CIRCUMSTANCE NOT APPLICABLE TO OTHER PROPERTY OWNERS IN THAT THE REQUIRED MITIGATING LANDSCAPING PRECLUDED THE INSTALLATION OF A DRIVEWAY. 3. CONSTRUCTION OF A GARAGE/TURN AROUND AREA DEPRIVED THE APPLICANT OF USE OF THIS AREA FAR BEYOND THE DEPRIVATION EXPERIENCED BY ADJACENT PROPERTY OWNERS AND PREVENTED ENJOYMENT OF A COMMON PRIVILEGE. THIS, BY DEFINITION, WAS NOT SPECIAL PRIVILEGE. 4. AS PREVIOUSLY STATED IN FINDING 3. 5. PROPOSAL TO CONSTRUCT A ONE-CAR GARAGE AND OFF-STREET PARKING SITE WAS NOT DETRIMENTAL TO THE PUBLIC HEALTH, SAFETY AND WELFARE. ADDING A CONDITION REQUIRING LANDSCAPING SCREENING OF FAST GROWING EVERGREENS TO BE INSTALLED ON THE RIGHT PROPERTY SIDE TO FURTHER MITIGATE PRIVACY IMPACTS TO ADJACENT PROPERTY OWNERS, SUBJECT TO STAFF APPROVAL. Passed 3-2, Chairwoman Harris, Commissioner Kolstad opposed. Chairwoman Harris opposed the Motion noting concern that precedent was being set in allowing insufficient on-site parking; Commissioner Kolstad concurred. BURGER/GUCH MOVED APPROVAL OF DR-87-095 PER THE MODEL RESOLUTION. Passed, 4-1, Commissioner Kolstad opposed. 9. DR-87-110 Faraone, 14041 Saratoga Ave., request for design review approval of plans to construct a new 2,204 sq. ft. two-story home in the R-I-20,000 zoning district per Chapter 15 of the City Code. Continued from November 17, 1987. Planning Director Hsia presented the Report to the Planning Commission, January 27, 1988. The Public Hearing was opened at 10:16 P.M. A Representative of the Applicant stated that all considerations had been addressed as noted in the Staff Report; with reference to Exhibit "A" 4., the house was lowered to 26 ft. in the front and to 25 ft. in the rear. He provided additional information per request of the Commission. Ms. Debbie Maclamera noted appreciation for changes made and asked that assurance be given regarding landscaping adjacent to her home in order to minimize the perception of bulk. KOLSTAD/SIEGFRIED MOVED TO CLOSE THE PUBLIC HEARING AT 10:25 P.M. Passed 5-0. GUCH/BURGER MOVED APPROVAL OF DR-87-110 PER THE MODEL RESOLUTION, EXHIBIT"A" CONDITION 7 ADD, "SUBJECT TO STAFF APPROVAL." Passed 5-0. 10. SD-87-007 Fox & Carskadon, 12029 Prospect Rd., request for tentative building site DR-87-053 and design review approval of plans to construct a new 10,000 sq. ft. one-story commercial building in the C-N zoning district per Chapters 14 and 15 of the City Code. Continued from December 12, 1987. Planning Director Hsia presented the Report to the Planning Commission, January 27, 1988; he noted in Exhibit "A", Condition O. to be added to read, "The Applicant shall participate in the Saratoga-Sunnyvale Rd. Improvement Project; this project will provide a landscaped medium and funding for those unimproved properties on Saratoga~Sunnyvale Rd. between Prospect and Southern Pacific Railroad Crossing." PLANNING COMMISSION MEETING Page 7 JANUARY 27, 1988 PUBLIC HEARINGS Continued Mr. Vincent Kopes, Fox & Carskadon, confirmed that they had been informed of Condition O. The one issue of major concern was the modified parking had been addressed; color for window trim would be deep blue. The City Attorney stated that the Condition requiring a landscape maintenance agreement referred both the open area by the gas station and the City's fight-of-way. He suggested that maintenance of the right-of-way be transferred to the Applicant; such would insure that the area was landscaped, screened and presented a pleasing appearance for entrance into the City. Language added, "Additional planting of the area to be determined by Staff as necessary." Applicant was agreeable to the above changes. KOLSTAD/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 10:35 P.M. Passed 5-0. GUCH/BURGER MOVED TO APPROVE SD-87-007 PER THE MODEL RESOLUTION WITH CONDITIONS AS AMENDED. Passed 4-0-1, Commissioner Kolstad abstaining. GUCH/BURGER MOVED APPROVAL OF DR-87-053 PER THE MODEL RESOLUTION. Passed 4-0-1, Commissioner Kolstad abstaining. MISCELLANEOUS; 11. LL-87-007 Reusser & Hall, 22637 and 22633 Mr. Eden Rd., request for approval of a lot line adjustment to incorporate and existing driveway within the boundaries of the lot served by the driveway. Commissioner Kolstad reported on the land use visit. Mr. Bill Heiss, Civil Engineer, made himserf available for question. SIEGFRIEDBURGER MOVED APPROVAL OF LL-87-007. Passed 5-0. 12. Administrative Review, Moore, 19608 Farwell Ave., request for approval of plans for a 609 sq. ft. second floor addition within the existing roof line and a 206 sq. ft. first floor addition to an existing two-story home on.a 40,000 sq. ft. lot line the R-1-40,000 zoning district. After the additions, the home will be 5,993 sq. ft. Commissioner Burger reported on the land use visit. Planning Director Hsia reviewed the Staff Report. GUCH/BURGER MOVED APPROVAL OF ITEM 12. Passed 5-0. COMMUNICATIONS; Written: 1. Minutes of Heritage Preservation Commission of ,1988, - Noted and filed. 2. Committee-of-the-Whole Minutes - Noted and filed. 3. Letter from City Manager re: Crisp Avenue - Noted and filed. Oral by Commission: None ADJOURNMENT; The Meeting of the Planning Commission was adjourned at 10:45 P.M. Carol A. Probst-Caughey/.~///f'