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HomeMy WebLinkAbout08-24-1988 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: August 24, 1988 - 7:30 P.M. PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Roll Call: Present: Chairwoman Guch, Commissioners Siegfried, Burger, Harris, Tucker, Kolstad, Tappan Approval of Minutes: Meeting of August 10, 1988 Commissioner Harris asked that on Page 2, add a statement to read, "Commissioner Harris questioned the grandfather clause referred to; Staff was not aware of such. Commissioner Siegfried asked that Page 4, sixth paragraph, end, "It was a comer lot, abutting a highly travelled street." Chairwoman Guch asked that Page 6, second paragraph, read "Mr. Pang 'Traffic Consultant"' BURGER/HARRIS MOVED APPROVAL OF MINUTES OF AUGUST 10, 1988, AS AMENDED. Passed 6-0-1, Commissioner Tucker abstaining. Technical Corrections to the Packet: None. ORAL COMMUNICATIONS: None. REPORT OF CLERK QN pOSTING OF'AGENDA: Pursuant to Government Code 54954.2, the agenda for this Meeting was properly posted on August 19, 1988. PUBLIC HEARINGS CONSENT CALENDAR: 1. V-88-021 Markowski, 19326 Portos Ct., request for variance approval to allow a detached accessory structure to be 17 ft. 4 in. in height where 12 ft. is the maximum allowed in the R-1-15,000 zoning district per Chapter 15 of the City Code. Continued to September 14, 1988, per request of applicant. 2. DR-88-049 Alff, 14185 Teedink Way, request for design review approval of plans to construct a new 5,115 sq. ft. two-story home in the NHR zoning district per Chapter 15 of the City Code. Continued to September 14, 1988. 3. DR-88-035 Gheorghiu, 12637 Star Ridge Ct., request for design review approval of V-88-016 plans to construct a new 5,768 sq. ft. two-story home in the NHR zoning district. A variance from Ordinance 15-14.050(e) is also considered to allow construction on a 36% slope at the building site where 30% is the maximum allowed. 4. DR-88-051 Wei, 21789 Mt. Eden Rd., request for design review approval of plans to construct a new 4,248 sq. ft. two-story home on a .98 acre lot located in the NHR zone district per Chapter 15 of the City Code. 5. SM-88-019 McVay, 21779 Congress Springs Lane, request for site modification approval to allow the construction of a swimming pool in the NHR zon- ing district per subdivision condition. Continued from August 10, 1988. 6. LL-88-006 Baker/Bolton, 15350 Norton Rd., request fro a lot line adjustment that will result in the net transfer of 6,098 sq. ft. from one lot of record to another to allow an existing pool to be located in the same lot as the existing house per Chapters 14 and 15 of the City Code. Chairwoman Guch requested removal of Public Hearings Consent Calendar Item 3. TUCKER/SIEGFRIED MOVED APPROVAL: OF CONSENT CALENDAR ITEMS 4, 5, 6. Passed 7-0. PLANNING COMMISSION MEETING Page AUGUST 24, 1988 PUBLIC HEARINGS CONSENT CALENDAR Continued 3. DR-88-035 Gheorghiu, 12637 Star Ridge Ct., request for design review approval of V-88-016 plans to construct a new 5,768 sq. ft. two-story home in the NHR zoning district. A variance from Ordinance 15-14.050(e) is also considered to allow construction on a 36% slope at the building site where 30% is the maximum allowed. Planner Caldwell reviewed the Report to the Planning Commission, dated August 24, 1988. Chairwoman Guch noted the extremely steep building site requiring 1100 cu. yds. of cut; also, the west elevation appeared bulky due in part, to. the 147 ft. length of the structure. The Public Hearing was opened at 7:45 P.M. Mr. Dorin Gheorghiu, Applicant, commented as .follows: West elevation would either not be seen or only a small portion seen from the Valley The many trees on site screened the lot Center portion of the house was narrow in comparison to the wings; house was not bulky Home to the west was at a higher elevation; project was positioned as to not disturb others Stated that less than a quarter of the west elevation would be visible from the Valley SIEGFRIED/BURGER MOVED TO CLOSE PUBLIC HEARINGS AT 7:50 P.M. Passed 7-0 Commissioner Siegfried felt that the house was well designed despite the length; he questioned what else could be done to reduce the visibility of the house. Commissioner Burger did not feel that the house would directly impact the home to the west. Commissioner Harris noted that the Country Club would only see the narrow part of the house SIEGFRIED/BURGER MOVED TO APPROVE DR-88-053 AND V-88-016 PER THE MODEL RESOLUTION. Passed 6o 1, Chairperson Guch dissenting. PUBLIC HEARINGS; 7. DR-88-030 Sinsley, 12496 Parker Ranch Rd., request for design review approval of plans to construct a new 5,972 sq. ft. two-story home in the NHR zoning district per Chapter 15 of the City Code. Continued from July 13, 1988. Planner Caldwell reviewed the Report to the Planning Commission dated August 24, 1988. Commissioner Burger stated that she could detect no difference in the revised plans submitted; Commissioner Kolstad concurred. The Applicant was asked to address this question. The Public Hearing was opened at 7:52 P.M. Mr. Wendell Roscoe, Designer, responded as follows: - Entire house was reduced 10%; revised plans.were reduced on a Xerox machine - Noted his reluctance to alter the design and integrity of the house - Stated that revised plans presented would translate exactly to the working plans - Confirmed that plans for another application had been similarly reduced on a Xerox; such had been explained by the consulting civil engineer to the Commission's satisfaction - Stated that the ceiling had not been reduced 10%; height remained the same Planner Caldwell stated that Condition 16 required Applicants to submit a detailed analysis of the home at the construction stage, to confirm that the structure was in fact, 5,319 sq. ft. BURGER/HARRIS MOVED TO CLOSE PUBLIC HEARINGS AT 8:03 P.M. Passed 7-0. Commissioner Burger stated that her concern was not the square footage per se; if the 653 sq. ft. reduction of the home could be verified, her concerns would be addressed. Commissioner Siegfried concurred; the question was whether the home could be called out as presented. Chairwoman Guch asked that the appropriateness of submitting plans reduced in a Xerox be discussed at another time; if the reduction of this house could be verified, the Commission's request had been met. Commissioners Burger and Siegfried concurred. BURGER/SIEGFRIED MOVED TO APPROVE DR-88-030 PER THE MODEL RESOLU- TION. Passed 6-1, Commissioner Kolstad dissenting. PLANNING COMMISSION MEETING Page AUGUST 24, 1988 PUBLIC HEARINGS Continued 8. DR-88-048 Frankel, 19123 Via Tesoro Court, request for design review approval for V-88-012 a new 6,010 sq. ft. two story single family home in the R-l-40,000 zoning district per Chapter 15 of the City Code. Also consider granting a variance from Ordinance 15-12 for 34 ft. height in lieu of 26 ft. maximum height allowed. Continued from August 10, 1988. Applications DR-88-048 and V-88-012 withdrawn by the Applicant. 9. DR-87-167 McMullin, 14893 Bohlman Rd., request for design review approval of V-88-024 plans to construct a new 7,053 sq. ft. two-story home where 6,600 sq. ft. is the maximum on a 2.04 acre lot in the HC-RD zone district per Chapter 15 of the City Code. Commissioner Burger reported on the land use visit. Planner Caldwell reviewed the Report to the Planning Commission dated August 24, 1988. When the Applicant realized that an easement existed, he informed Staff and the gross square footage was reduced to 6, 600 sq. ft; nontheless, Staff could not make the Variance Findings. The Public Hearing was opened at 8:10 P.M. Mr. Nyal McMullin, Applicant, commented as follows: Reason for requesting a variance for what he originally believed would be 303 sq. ft. (now 450 sq. ft.) was for a guest room above the garage for occupancy by visiting in-laws Guest room/garage was designed at height proposed due to a dip in the site at this location Mr. Bill Heiss, Civil Engineer, addressed the uniqueness of the site in that such was adjacent to open space; such was not applicable to any other lot in the subdivision. Mr. S. Miller, 1501 Bohlman Rd., Saratoga, recommended that the variance be granted; how- ever, he was concerned regarding preservation of his view from other structures in the area. Mr. Erwin Hawes, Designer, commented as follows: - House originally proposed was about 8,000 sq. ft; size was reduced by a hip roof design - The roof, which seemed high on the plans, would not appear so in reality - Requested approval of the project as submitted - Only two trees would be removed on a site with was covered with trees of various species Mr. McMullin added that the property was characterized by the steepest part of the hill being one-third of the rear lot; slope under the house was about 10 degrees or less. He felt that the formula applied over penalized the area in general and this project in particular. BURGER/SIEGFRIED MOVED TO CLOSE PUBLIC HEARINGS AT 8:25 P.M. Passed 7-0 Commissioner Siegfried stated that the question was whether or not Findings could be made; he noted Ordinance changes and felt that a Finding that the site was unique could not be made. Planner Catdwell stated that the Halcone Gardens was not considered open space per se. The City Attorney noted that the area adjacent to the subject property was a parking lot; open space was typically preserved in its' natural state.. Whether such was a feature considered to be unique as suggested by Mr. Heiss, was at the Commission's discretion. Commissioner Harris thanked Staff for the explanation and added that the open space issue was her only concern; she concurred with Commissioner Siegfried's comments. Chairwoman Guch agreed with the Applicant that there was an easement for Hakone Gardens; however, a variance finding showing physical constraint was required to allow an exception. She did not feel that such a constraint existed, thus the Finding could not be made. Commissioner Burger stated that the home was beautifully designed for the lot; however, a slope adjustment had already been made. The required Finding could not be made. SIEGFRIED/BURGER MOVED TO DENY DR-87-167 AND V-88-024 WITHOUT PREJUDICE. Passed 7-0. PLANNING COMMISSION MEETING Page 4 AUGUST 24, 1988 PUBLIC HEARINGS Continued Mr. McMullin added that he was aware that the Variance for 303 sq. ft. could be denied and engineered the house in such a manner as to eliminate the guest room without changing the foot print of the house if required; however, now that 453 sq. ft. was involved, the house would have to be redesigned for the third time. 10. V-88-025 Kocir, 12855 Saratoga-SUnnyvale Rd., consider granting a variance A-1088.1 approval to allow the floor area standard to be exceeded on a level 29,680 sq. ft. lot in the R-1-12,500 zoning district. The proposed additions to the existing residence modifying the previous plans will result in a total floor area on the lot of 10,374 sq. ft. where 5,220 sq. ft. is currently the maximum allowed. The previous approval allowed 7,419 sq. ft. total on the lot. In addition, variance approval is requested to allow the additions to the residence to be a maximum of 13 ft. from the exterior side property line where 25 ft. is required per Chapter 15 of the City Code. Commissioner Burger reported on the land use visit. Planner Caldwell reviewed the Report to the Planning Commission dated August 24, 1988. The City Attorney reviewed applicable time lines and the project approval previously granted; however, a Permit was issued in 1985 for the accessory structure only. He stated that questions surrounding this situation were resolved in favor of the Applicant. The Public Hearing was opened at 8:40 P.M. Mr. Jerry Kocir, Applicant, commented as follows: Staff Report, Variance Analysis Exterior Side Setback: - Noted for the record that Brandywine Dr. Of the adjacent subdivision was imposed upon his lot after he had lived there for seven years - Variance was predicated upon curvature of the road and exterior line from the pipe - Inadvertently an item was omitted; if taken from the curb to the comer of the easterly side of the property, he would be three feet short of the addition proposed - The addition would extend towards Hwy. 9 for a total of 9 ft; therefore the Variance involved would be 3 ft. - 0 ft. Reasons for project delay included his wife's health and his care of her during this time Staff Report, Design Review Analysis: noted the new structure which appeared less boxy; revised plans were received favorably by the neighbors Positioning of the garage: such complimented the building and would be convenient for wheelchair access Presented pictures of adjacent subdivisions and noted the favorable siting of his home Regretted that square footage requested was a little more than permitted Requested a study session to resolve any rem.aining problems Commissioner Siegfried felt that he could not approve the 10,000 sq. ft. requested; however, he was favorable to a study session to further discuss this Application. BURGER/HARRIS MOVED TO CLOSE PUBLIC HEARINGS AT 8:53 P.M. Passed 7-0. Commissioner Burger stated she could not approve the square footage requested; a study session was desirable. Chairwoman Guch concurred. SIEGFRIED/KOLSTAD MOVED TO CONTINUE V-88-025 AND A-1099.1 TO SEPTEM- BER 28, 1988, WITH A STUDY SESSION ON SEPTEMBER 6, 1988. Passed 7-0. Break: 8:55 - 9:07 P.M. 11. UP-88-011 Radin, 18709 Devon Ave., request for use permit approval to allow a 140 sq. ft. addition to an existing 400 sq. ft. accessory building located in the required rear yard of a 10,000 sq. ft. lot in the R-l-10,000 zoning district per Chapter 15 of the City Code. The addition will be 11.5 ft. in height and will be located 11 ft. from the rear property line and 3.5 ft. from the fight side property line. Commissioner Burger reported on the land 'use visit. Planner Caldwell reviewed the Report to the Planning Commission dated August 24, 1988. PLANNING COMMISSION MEETING Page AUGUST 24, 1988 PUBLIC HEARINGS Continued The Public Hearing was opened at 9:15 P.M. Mr. Pete Radin, Applicant, wished to use the addition as an recreation room. He continned that the area to the right of his home was unpaved; he had no covered parking at present. Mr. Robert Malkin, Adjacent property owner, reviewed his letter of August 24, 1988. Mr. John Grosshams, 18692 Paseo Lado, Saratoga, commented as follows: - Cited an incident of the Applicant building only 3 ft. from side setback/11 ft. from rear one - Assumed that the existing accessory structure was grandfathered in; he did not feel that the extension of this structure should be allowed to encroach into the setback areas - Asked that any building done by the Applicant be removed; noted the unsigh~y appearance - Noted the efforts of the neighborhood to improve the area and the Applicant's attitude of non-participation Ms. Mary Hawkins, 18692 Paseo Lado, Saratoga, stated that her privacy was invaded by the Applicant's newly constructed structure. Mr. Mike Parker, 18597 Devon Ave., Saratoga, 'commented as follows: Did not have immediate concerns since his property was about five houses away Noted the number of non-conforming structures built in the area Objected to an extension of this accessory structure since such was too close to the property line and would reduce property values BURGER/SIEGFRIED MOVED TO CLOSE PUBLIC HEARINGS AT 9:25 P.M. Passed 7-0 Commissioner Tucker noted that the immediate area was a charming, residential neighborhood; she was reluctant to grant the request based on the resulting loss of parking spaces. Commissioner Burger suggested that the Applicant consider an expansion to the rear of the residence; she concurred that there was insufficient covered parking on-site. SIEGFRIED/TUCKER MOVED TO DENY UP-88-011. Passed 7-0. 12. DR-88-052 Pan Cal Development, 12419 Crayside Ln., request for design review V-88-029 and variance approval of plans to construct a new 5,984 sq. ft. two-story home where 4,800 sq. ft. is the maximum in the NHR zoning district per Chapter 15 of the City Code. Commissioner Burger reported on the land use visit. Planner Caldwell reviewed the Report to the Planning Commission, dated August 24, 1988. The Public Hearing was opened at 9:30 P.M. Mr. Pierre Prodis, Architect, commented as follows: - Applicants were pleased with the plans presented which were custom designed for the site - Cited the site restrictions: a fixed driveway location, an unusual split pad configuration and orientation of the house - When the project was reduced to 4,800 sq. ft., the outdoor atrium was not considered usable space nor was this square footage included in calculations - Atrium area only had access from the entry hall, not from any living/activity areas - Requested approval of project as proposed: design was appropriate for the location; secondly, house was sized and configured to meet the intent of the square footage restriction - Architectural design features were described and dimensions of the lot described - Asked that the atrium space be interpreted as .usable space - In response to a question, he stated that moving the living room forward, eliminating the partial fourth wall of the atrium area, would destroy the interior sight lines of the house The City Attorney advised that the issue was a question of interpretation; he was concerned that if a Variance were conceded, then an interpretation had been made. The Commission could make the administrative interpretation that given the shape and grade of the project in question, the atrium area was not an interior court; therefore a variance was not required. Mr. Prodis stated that they would eliminate paving and/or create a slope with landscaping if such were required. PLANNING COMMISSION MEETING Page AUGUST 24, 1988 PUBLIC HEARINGS Continued SIEGFRIEDBURGER MOVED TO CLOSE PUBLIC HEARINGS AT 9:50 P.M. Passed 7~0 Commissioner Siegfried felt that the area in question was not an interior courtyard; thus, consideration of granting a Variance was unnecessary. Commissioner Burger concurred. Commissioner Kolstad noted that what was required was a determination whether atriums were open area or courtyard; while such may not be considered living space, it contributed to the bulk of the house. He would consider approving the request provided that atriums be defined. Commissioner Siegfried felt that the area in q~estion was not what the Commission had in mind when considering courtyards; the house simply incorporated the side elevation of the site. Commissioner Burger concurred. Commissioner Kolstad cited the use of atriums in Southern California and was concerned that in the future,. applicants could incorporate several open areas, increasing the bulk of the house. Commissioner Tucker was also concerned that future applications could present a problem. Commissioner Siegfried felt that given the slope of the lot in question and the atrium under consideration, a determination could be made that this atrium was not an interior courtyard. Chairwoman Guch added that the Commission viewed the atrium as a landscaping feature. SIEGFRIED/BURGER MOVED TO MAKE A DETERMINATION THAT GIVEN THE FACTS OF THIS SITUATION, THE AREA IN QUESTION WAS DETERMINED NOT TO BE AN INTERIOR COURTYARD, BUT RATHER AN OPEN, LANDSCAPED AREA AND THUS A VARIANCE WAS NOT APPLICABLE. Passed 5-1-1, Commissioner Kolstad dissenting, Commissioner Tucker abstaining. SIEGFRIED/BURGER MOVED TO APPROVE DR-88-052; RESOLUTION TO BE PRESENTED SEPTEMBER 14, 1988. Passed 7-0. COMMUNICATIONS: Written: 1. Minutes of Heritage Preservation Commission of August 2, 1988, - Noted and filed. 2. Letter from Mary Bogdanovich re: Argonaut 'Shopping Center - Noted and fried. 3. Schedule of Planning Commission/Committee-of-the-Whole Meetings for 1989. Oral by Commission: Commissioner Harris reported on the City Council Meeting of August 18, 1988. ADJOURNMENT: The Meeting of the Planning Commission was adjourned at 10:15 P.M. Re~Tully submiU~ ///' / Carol A. Probst-Caughey 7 ~ /