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HomeMy WebLinkAbout11-08-1989 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: November 8, 1989 - 7:30 p.m. PLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Roll Call: Chairperson Siegfried, Commissioners Burger, Harris, Kolstad, Tappan, Moran. Commission Tucker was absent. Pledge of Allegiancei Approval of Minutes; None. ORAL COMMUNICATIONS: Mr. Thomas Aykroyd, 20608 Ritana Court, Saratoga, stated he was present for Item 3, DR-88-076, Yoshioka, which was withdrawn from the Consent Calendar. He stated his first concern was the four-foOt retaining wall which he did not believe was designed to be four feet. The other issue of concern to him iS the trees along his property. He was assured that protection would be put around the trees but a foot of earth was removed away from the trees within an inch of the trees and there has been no protective barrier put up. Chairperson Siegfried stated he understood Mr. Aykroyd's concerns and would ask staff to look into the matter. Mr. R. Deveer, 18920 Bonnet Way, Saratoga, noted a meeting which was held concerning the movement of high tension wires and asked if another meeting on the issue would be held. Planning Director Emslie stated the issue about which Mr. Dev~er is concerned deals .with implementation of Route 85 and directed him to another meeting being held before the City Council in the next room. Mr. Deveer expressed concern that he was not notified of the meeting, and Planning Director Emslie said he would see that Mr. Deveer's name is placed on the appropriate mailing list. REPORT.OF POSTING AGENDA: Pursuant to Government Code 54954.2, the agenda for this Meeting was properly posted on November 3, 1989. Technical Corrections to Packet Material: Planner Graff noted the following changes: In DR 89-067 a revised resolution is before the Commission. The applicant has agreed to do some modifications to the grading into the driveway in order to save two trees and those conditions--ll, 12 and 13--have been incorporated into the revised resolution. PLANNING COMMISSION MEETING Page 2 NOVEMBER 8, 1989 PUBLIC HEARINGS CONSENT CALENDAR: 1. AZO-89-005 City of Saratoga, a proposed ordinance to amend fencing requirements in the NHR zone district. The current provisions permit a maximum of 4,000 sq. ft. enclosure of open wire fencihg. The proposed amendment would enable a petition from 60% of property owners within a given neighborhood to request Planning Commission approval for increased fencing (cont. to 12/13/89). 2. DR-89-079 Nagi-Pesie, 21433 Tollgate Rd., a request for design review approval to construct a two-story, 5,019 sq. ft. single family dwelling the NHR zone district per Chapter 15 of the City Code (cont. to 1/10/90). 3. DR-88-076 Yoshioka, 20572 Prospect Rd., request for approval to redesign one unit of a previously approVed 6 unit townhouse project in the C-N zone district per Chapter 15 of the City Code (withdrawn). 4. DR-89-083 Gregory, 20602 Lomita Ave., request for design review and a V-89-037 variance to allow the construction of a 3,783 sq. ft., single story residence, in the R-i-20,000 zone district per Chapter 15 of the City Code. Variance approval would allow the height of a detached garage to exceed the 12 foot height limit (cont. from 11/8/89). 5. DR-89-082 Lohr, 14904 Gypsy Hill Rd., request for design review approval to construct a two-story, 5,722 sq. ft. single family dwelling in the R-i-40,000 zone district per Chapter 15 of the City Code (cont. from 11/8/89). 6. SUP-89-003 Pronger/Eagleston, 20600 Lomita Ave., request for second unit use permit approval to legalize an existing 320 sq. ft. second unit in the R-1-20,O00 zoning'district per Chapter 15, Section 56.110 of the City Code (cont. from 11/8/89). 7. DR-89-087 Lohr, 14766 Gypsy Hill Rd., request for design review approval to construct a two-story, 5,752 sq. ft. single family dwelling in the R-1-40,O00 zone district per Chapter 15 of the City Code. 8. DR-89-086 Woolworth, 14815 Three Oaks Ct., request for design review approval to construct a two-story, 5~939 sq. ft. single family dwelling in the R-1-40,O00 zone district per Chapter 15 of the City Code. 9. TUP-89-002 Boisseranc,' 13650 Saratoga-Sunnyvale Rd., request for temporary use permit approval to operate a retail Christmas tree lot in the R-1- ~2,500 zone district per Chapter 15 of the City Code. PLANNING COMMISSION MEETING Page 3 NOVEMBER 8, 1989 PUBLIC HEARINGS CONSENT CALENDAR Continued 10. DR-88~102 Pool, 20334 Thelma Ave., request for design review approval to construct a 736 sq. ft. second floor addition to an existing one- story home for a total of 3,481 sq. ft. in the R-i-iO,000 zone district per Chapter 15 of the City Code. 11. DR-89-084 Sisk, 14437 Leland Circle, request for design review to allow construction of a 4,999 sq. ft. two-story residence in the R-1- 40,000 zone district per Chapter 15 of the City Code. 12. DR-89-067 Sobey Oaks Assoc., 14520 Chester Ave., request for design review approval for a new 5,802 sq. ft. one-story single family dwelling in the R-I-40,000 zone district per Chapter 15 of the City Code. 13. DR-89-073 Flynn, 14450 Leland Circle, request for design review approval for a new 5,303 sq. ft. two-story single family dwelling in the R-1- 40,000 zone district per Chapter 15 of the City COde. Staff requested r~moval of Public Hearings Consent Calendar Item 4. Commissioner Kolstad requested removal of Public Hearings Consent Calendar Item 5. Commissioner Burger requested removal of Public Hearings Consent Calendar Item 6. Commissioner Harris requested removal of Public Hearings Consent Calendar Item 8. Commissioner Harris requested removal of Public Hearings Consent Calendar Item 10. Commissioner Moran requested removal of Public Hearings Consent Calendar Item 11. Commissioner Kolstad requested removal of Public Hearings Consent Calendar Item 12. HARRIS/BURGER MOVED APPROVAL OF CONSENT CALENDAR ITEMS 7, 9 AND 13. Passed 6-0. 4. DR-89-083 Gregory, 20602 Lomita Ave., request for design r~view and a V-89-037 variance to allow the construction of a 3,783 sq. ft., single story residence, in the R-i-20,000 zone district per Chapter 15 of the City Code, Variance approval would allow the height of a detached garage to exceed the 12 foot height limit (cont. from 11/8/89). Planning Director Emslie reported on a meeting held with the applicant on November 7. In response to a question from Chairperson Siegfried regarding the concerns of a neighbor, Planning Director Emslie reported that the neighbor and staff were able to discuss the revisions and the neighbors were satisfied with the changes and indicated they would not be in attendance to raise any objections. In response to a question from Commissioner Burger, Planning Director Emslie stated that the height of the home was reduced from 24 ft. to 22 ft at the highest point and the height from the closest point to the concerned neighbor has also been reduced by 2 ft. The garage is 18 ft. The Public Hearing was opened at 7:46 p.m. PLANNING COMMISSION MEETING Page 4 NOVEMBER 8, 1989 PUBLIC HEARINGS CONSENT CALENDAR Continued Mr. Jim Gregory,. Applicant, stated he met with Planning Staff and the plans were revised. He pointed out that on page 3 of the drawing the architect drew the original roof line. Additionally, the floor was lowered by about 9 in. Mr. Gregory said he was satisfied with the revised plans and requested Planning Commission's approval. BURGER/KOLSTAD MOVED TO CLOSE THE PUBLIC HEARING AT 7:47 P.M. Passed 6-0. Commissioner Burger asked if staff was able to make the variance findings for the garage. Planning Director Emslie responded that because of the predominant nature of detached garages in the vicinity staff felt it was an exceptional circumstance in this case. BURGER/KOLSTAD MOVED TO APPROVE V-89-037 PER THE STAFF RECOMMENDATION. Passed 5-0; Commissioner Harris abstained. BURGER/KOLSTAD MOVED TO APPROVE DR-89-083 PER THE REVISED PLANS. Passed 5-0; Commissioner Harris abstained. 5. DR-89-082 Lohr, 14904 Gypsy Hill Rd., request for design review approval to construct a two-story, 5,722 sq. ft. single family dwelling in the R-1-40,O00 zone district per Chapter 15 of the City Code (cont. from 11/8/89). Commissioner Kolstad expressed concern that he felt the design was bulky and incompatible with the neighborhood. The Public Hearing was opened at 7:48 p.m. Mr. Jerry Lohr, Applicant, reviewed the plans for the home and expressed the ownersf views regarding the design~ He said if the Commission felt changes needed to be made to the plans he would have to return to the owners. HARRIS/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 7:50 P.M. Passed 6-0. At Commissioner Burger's request, Commissioner Kolstad stated his concerns regarding the design of the home. He said he felt the design needed to be revamped and said it was a matter of personal taste. Commissioner Burger reported on the land use visit. Commissioner Moran said she had no problem with design but felt Commissioner Kolstadfs concern should be considered carefully in light of the fact that there will be 23 other houses along those streets in the future. HARRIS/MORAN MOVED TO APPROVE DR-89-082 PER THE MODEL RESOLUTION. Passed 5-1; Commissioner KOlstad dissenting. PLANNING COMMISSION MEETING Page 5 NOVEMBER 8, 1989 PUBLIC HEARINGS CONSENT CALENDAR Continued 6. SUP-89-003 Pronger/Eagleston,.20600 Lomita Ave., request for second unit use permit approval to legalize an existing 320 sq. ft. second unit in the R-1-20,O00 zoning district per Chapter 15, Section 56~110 of the City Code (cont. from 11/8/89). CommisSioner Burger reported on the land use visit. She stated she did not feel the Building Department set enough conditions, i.e., there was no requirement to raise the roof level in the kitchenette.. Planning Director Emslie presented the Report to the Planning Commission dated November 4, 1989. He suggested that the item be continued to December 13 so the Building official could be asked for a more detailed accounting of his analysis and where the code requirements apply. The Public Hearing was opened at 7:58 p.m. Mr. Donald Eagleston, Applicant, stated the second unit was a condition of the subdivision of the rear lot the Gregorys are building on. There were 3 units on the property. A condition of the subdivision was to remove the second unit and bring the unit up to code. The third was removed by condition of the Planning Commission. The unit has been declared as a historical unit and it would not be economical to demoli. sh and rebuild the unit. The Building Department felt that if a foundation was put on and the electrical system was upgraded that would satisfy the conditions. The height of the roof was brought to their attention and they would not require the height of the roof be raised. Mr. Eagleston said he was told by the Building Department that the unit was not an illegal unit but it was a nonconforming unit. He stated the applicants are willing to abide by the wishes of the Planning Commission but there would be objection to demolition of a historic unit. MORAN/TAPPAN MOVED TO CLOSE THE PUBLIC HEARING AT 7:59 P.M. Passed 6-0. Commissioner Burger said she felt a more detailed report is needed. Commissioner Kolstad stated that after visiting the site he did not feel a more detailed report is necessary but would be willing to have a report brought back. He also said he felt the unit needs to be rebuilt. Chairperson Siegfried suggested that the item be discussed at the Study Session on November 28 and be brought back to the Commission for a vote on December 13. HARRiS/MORAN MOVED TO CONTINUE SUP-89-003 TO DECEMBER 13 WITH A STUDY SESSION ON NOVEMBER 28. Passed 6-0. 8. DR-89-086 Woolworth, 14815 Three Oaks Ct., request for design review approval to construct a two-story, 5,939 sq. ft. single family dwelling in the R-1-40,O00 zone district per Chapter 15 of the City Code. PLANNING COMMISSION MEETING Page 6 NOVEMBER 8, 1989 PUBLIC HEARINGS CONSENT CALENDAR Continued Chairperson Siegfried stated a letter from Albert and Eva Alves, 14875 Baranga Lane, was received objecting to the construction. Planning Director Emslie presented the Report to the Planning Commission dated November 8, 1989. The Public Hearing was opened at 8:03 p.m. Mr. Woolworth, Woolworth Construction, questioned when the letter was received, and Chairperson Siegfried read the portion of the letter listing the reasons for the objection. BURGER/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:05 P.M. Passed 6-0. Commissioner Moran asked staff the location of the neighbor who objected to the construction. Commissioner Burger stated she did not recall any particular impact on surrounding neighbors other than they would see homes where they did not see them before. She did not have a problem with the application. In response to a question from Commissioner Tappan, Planning DirectOr Emslie described the distance between the trees. BURGER/HARRIS MOVED TO APPROVE DR-89-086 PER THE MODEL RESOLUTION. Passed 6-0. 10. DR-88-102 Pool, 20334 Thelma Ave., request for design review approval to construct a 736 sq. ft. second floor addition to an existing one- story home for a total of 3,481 sq. ft. in the R-I-iO,O00 zone district per Chapter 15 of the City Code. Chairperson Siegfried stated the Commission is in receipt of two letters (Annette Totton, 20298 Thelma Avenue; and Michel and Louise Quenon, 20297 Thelma Avenue) Objecting to this item. Planning Director Emslie stated he was handed another letter regarding the item and circulated it for Commission review. Planning Director Emslie presented the Report to the Planning Commission dated November 8. Chairperson Siegfried asked for a comparison of these plans to previous plans that were submitted; Planning Director Emslie stated the plans were similar. He said the neighborhood is basically a one-story neighborhood but the addition is done in such a way which minimizes the impact of a two-story appearance on the street. Commissioner Harris stated she pulled the item because she recalled when this item was before the Planning Commission previously there was objection from the neighbor that lived in the back. The Public Hearing was opened at 8:10 p.m. PLANNING COMMISSION MEETING Page 7 NOVEMBER 8, 1989 PUBLIC HEARINGS CONSENT CALENDAR Continued Mr~ Brian Pool, Applicant, stated the original plan was 22 ft. and this was prior to th~ 18 ft. change in the requirement fo~ the two-story review. He stated there was a 5 or 6 in. error not a 4 ft. error. He said the setback is shown to be out of standard. He pointed out the third page of the report indicates the 25 ft. setback, the code requires 25 ft. yet there is an asterisk indicating that is not conforming and he is confused by that statement. He stated that the Planning Department suggested to the Applicants that they go for the second story, not the variance. He said that the rear neighbors had concerns about. the windows and the-windows were taken out of the rear and placed on the two sides and on the front. He circulated a set of plans signed by the immediate neighbors including the pool owners next door. In response to a question from Chairperson Siegfried, Mr. Pool explained how the plan compares to the original plan. Mr. Lenney Bei, 20355 Franklin Avenue, addressed the Commission. He said he is the neighbor living on the south side of the property and when this item was before the Commission previously he voiced opposition to the two-story structure. He said his concern was an invasion of privacy in the outdoor living areas. He said since there are no windows designed for the south side, that takes care of his personal feelings regarding the invasion of privacy. Mr. Andy Butera, 20335 Franklin Avenue, said he is in agreement with Mr. Bel. Ms. Charlotte Bucaria stated she submitted a letter this evening which states her position. HARRIS/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:19 P.M. Passed 6-0. Commissioner Kolstad stated he agreed the neighborhood would be best having only one- story homes but the situation occurred and he did not feel it was out of character. He said he was not sure he would agree to a two-story home in the neighborhood now but it is there and he felt approval is acceptable to him. Commissioner Harris said she disagreed with Commissioner Kolstad's comments. Commissioner Burger stated that it was the COmmission's intent three years ago that this be a one-story residence, staff approved it as a one-story residence, this is a neighborhood of one-story residences. The issue is that this is a two-story home and it is not what the Commission had in mind when it was approved. She said she would not vote for a two-story home. Commissioner Tappan questioned that if the Commission did not approve a two-story three years ago why would the Commission approve it now. Commissioner Moran stated she too could not support this item and agreed with the comments made. PLANNING COMMISSION MEETING Page 8 NOVEMBER 8, 1989 PUBLIC HEARINGS CONSENT CALENDAR Continued Chairperson Siegfried said that he would like to see the original plans. He suggested that the Commission review the original plans and concerns and see if that changes anyone~s opinion about the item. Planning Director Emslie stated that a presentation could be made at the study session on November 28° BURGER/TAPPAN MOVED TO CONTINUE DR-88-102 TO DECEMBER 13 WITH A STUDY SESSION ON NOVEMBER 28. Passed 6-0. 11. DR-89-084 Sisk, 14437 Leland Circle, request for design review to allow construction of a 4,999 sq. ft. two-story residence in the R-1- 40,000 zone district per Chapter 15 of the City Code. Planner Graff presented the Report to the Planning Commission dated November 8, 1989. Commissioner Moran reported on the land use visit. Commissioner-Moran expressed concern that the house sets down into the ravine that it is built on but from the back it looks like a four-story house. The Public Hearing was opened at 8:31 p.m. Mr. Roger Griffin addressed the Commission on behalf of the applicant. Mr. Griffin reviewed the plans for the house. He said in terms of the concern for the height of the building from behind, there are only two homes that could see this from the other side of the creek setting. BURGER/HARRIS MOVED TO CLOSE THE PUBLIC HEARING AT 8:35 P.M. Passed 6-0. C~mmissioner Kolstad commented that this is a difficult type of site and he felt that a good job was done on the roof line. BURGER/HARRIS MOVED TO APPROVE DR-89-084 PER THE MODEL RESOLUTION. Passed 5-1; Commission Moran dissenting. 12. DR-89-067 Sobey Oaks Assoc., 14520 Chester Ave., request for design review approval for a new 5,802 sq. ft. one-story single family dwelling in the R-1-40,O00 zone district per Chapter 15 of the City Code. Planner Graff presented the Report to the Planning Commission dated November 8, 1989. Commissioner Kolstad said he felt the design was bulky and does not conform to the neighborhood. The Public Hearing was opened at 8:38 p.m. The Applicant reviewed the plans in detail. PLANNING COMMISSION MEETING Page 9 NOVEMBER 8, 1989 PUBLIC HEARINGS CONSENT CALENDAR Continued HARRIS/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 8:41 P.M. Passed 6-0. BURGER/HARRIS MOVED TO APPROVE DR-89-067 PER THE MODEL R~SOLUTION. Passed 4-2; Commissioners Kolstad and Moran dissenting. Break 8:45 - 8:55 P.M. PUBLIC HEARINGS: 14. DR-89-046 Naghavi, 20233 Seagull Way, request for design review approval to demolish an existing single story residence and construct a 3,197 sq. ft. two-story residence in the R-i-IO,O00 zone per Chapter 15 of the City Code (cont. from 11/8/89). Planner Graff presented the Report to the Planning Commission dated November 8, 1989. The Public Hearing was opened at 8:57 p.m. Mr. Naghavi, Applicant, 10438 Prunetree Lane, Cupertino addressed the Commission. He stated since the hearing in July he has come up with two separate plans. He was told by Planner Graff that one set of plans was something that he would not recommend. He therefore went back to the original plans and tried to eliminate all the concerns the Planning Commissioners and Planning Staff had. He addressed the concerns which were previously noted. He indicated that none of the neighbors complained about privacy or anything of that nature. He said several neighbors have asked him why he is not building the house on the lot as originally discussed. Regarding the objection that the project is of excessive bulk, Mr. Naghavi referred the Commission to the Executive Summary which states that the Applicant's proposal meetings all zone restrictions for the R-i-iO,000 zone. Regarding the issue that the project is not compatible in terms of bulk and height with those homes within the immediate' area, he referred once again to the Executive Summary, paragraph 3. Ms. Vivian Sang, 12370 Ted Avenue, which is across the street from Mr. Naghavi~s property. She expressed support for Mr. Naghavi°s construction. She said the existing house on the property is "junky looking" and all the neighbors she has spoken with want him to tear down the old house. Mr. Len-Tom Lai, 12415 Ted Avenue, also expressed support for Mr. Naghavi~s project. HARRIS/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 9:05 P.M. Passed 6-0. Commissioner Burger said she would like to have had a study session on this in order to try to work out some of the small problems. She expressed concern about the balcony that has been added because it is on the second story and is only 10 ft. from the property line. PLANNING COMMISSION MEETING Page 10 NOVEMBER 8, 1989 PUBLIC' HEARINGS Continued Chairperson Siegfried also stated he had a problem with this particular two-story house on a corner lot and thought it could be less imposing. He also had a problem with the balcony. Commissioner Burger felt that the concerns of the Commission have not been addressed. Commissioner Tappan stated he had nO objection to a two-story house. Commissioner Harris felt that the plan is too imposing for that particular lot. Commissioner Moran said she was not prepared to vote for this item. Chairperson Siegfried stated that although the Applicant may literally meet all the of requirements and has responded to the turrets and some of the other concerns of the Commission, the house seems to be too imposing for the lot. He suggested that this item be reviewed at the Study Session on November 28 and the Applicant stated he was willing to abide by the suggestion. HARRIS/KOLSTAD MOVED TO CONTINUE DR-89-046 TO DECEMBER 13 WITH A STUDY SESSION ON NOVEMBER 28. Passed 6-0. 15. SD-89-013 McNeil, 13621 Pierce Rd., request for a tentative building site DR 89-089 approval for a single lot in the NHR zone district per Chapter V-89-027 14 of the City Code. Design review and variance approvals are also requested for a two-stOry addition to an existing two-story single family dwelling per Chapter 15 of the City Code. The requested variance is from floor area and impervious coverage. The total proposed floor area is 3,755 sq. ft., 715 sq. ft. over the allowable, and 30.7% impervious coverage in lieu of 25% maximum allowed. Planner Graff presented the Report to. the Planning Commission dated November 8, 1989. Commissioner Burger reported on the land use visit. The Public Hearing was opened at 9:26 p.m. Mr. Karl Coombs, Architect, represented Mr. McNeil, the Applicant. He indicated that the previous owner tried to tear down the existing building and design a new building larger than the one in the present application. BURGER/HARRIS MOVED TO CLOSE THE PUBLIC HEARING AT 9:30 P.M. Passed 6-0. BURGER/HARRIS MOVED TO APPROVE SD-89-013 PER THE MODEL RESOLUTION. Passed 6-0. BURGER/HARRIS MOVED TO APPROVE DR-89-089 PER THE MODEL RESOLUTION. Passed 6-0. BURGER/HARRIS MOVED TO APPROVE V-89-027 PER THE MODEL RESOLUTION. Passed 6-0. PLANNING COMMISSION MEETING Page 11 NOVEMBER 8, 1989 PUBLIC HEARINGS Continued Commissioner Kolstad stepped down on the following item. 16. V-89-039 Cashin, 12029 Saratoga-Sunnyvale Rd., request for sign program approval and a variance from Ordinance 15-30.100 to allow two free- standing signs on the site where only one is allowed. The property is located in the C-N zone district. Planner Graff presented the Report to the Planning Commission dated November 8, 1989. Commissioner Moran reported on the land use visit. The Public Hearing was opened at 9:32 p.m. The Applicant was present to respond to questions. Commissioner Harris stated she had a concern about the signs at the Chicken Salsa Restaurant. The Applicant stated that they are attempting to restrain the Chicken Salsa oWners but they are not cooperating and requested support from the City to deal with Chicken Salsa. City Attorney Toppe! asked the architect to relate to the owner that as far as the City Attorney~s Office is concerned the banner is illegal, and the City would begin to issue citations and begin prosecuting. · Commissioner MOran asked about the yellow awning placed on the bhilding. City Attorney Toppel said that the awning could be viewed as a decorative feature because there is no writing on it. If the Commission wants to prohibit the awning, he suggested that it be covered in the sign program. Planning Director Emslie stated that the awning was not covered when the permit was reviewed. The awning was installed after the remodel work was apprOved and is in direct violation of the exhibits that were approved by the Commission which results in a·misdemeanor violation of the Municipal Code. He said he and City Attorney Toppel made numerous requests and have visited the owner of the business and have been unsuccessful in having the banner removed. City Attorney Toppel said he would discuss the matter further with Planning Director Emslie. He said that in Item 16 a specific reference should be made to exclude banners and awnings. Chairperson Siegfried requested that a letter be sent to the Applicant and to the restaurant owner. City Attorney Toppel suggested that a citation be issued the next day since the City has already told him to take down the banner. HARRIS/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 9:37 P.M. Passed 5-0. PLANNING COMMISSION MEETING Page 12 NOVEMBER 8, 1989 PUBLIC HEARINGS Continued HARRIS/BURGER MOVED TO APPROVE V-89-039 PER THE MODEL RESOLUTION ADDING THAT SAFETY WILL BE IMPROVED AT THE INTERSECTION AND THAT ALL SIGNS AND BANNERS WILL BE REMOVED. Passed 5-0. Commissioner Kolstad was reseated on the Commission. DIRECTOR~S ITEMS: i. Memorandum cancelling the Planning Commission meetings of 11/22/89 and 12/27/89. 2. Upcoming planning applications and projects. COMMISSION ITEMS' 1. City Council'Report Commission Tappan reported on the City Council Meeting of November 1, 1989. Planning Director Emslie requested that the Commission adjourn the meeting to the Study Session of November 28 in order for the Commission to take action to approve the variance on the Velensky property; a Public Hearing will be advertised. COM~MUNICATIONS: W~itten: 1. Heritage PreServation minutes from 10/4/89 Oral by Commission': Chairperson Siegfried noted that this was Planner Graff~s last meeting. Chairperson Siegfried acknowledged Planner Graff and thanked him for his good work. ADJOURNMENT: The Meeting of the Planning Commission was adjourned at 9:50 P.M. to November 28, 1989. Respectfully submitted, Rebecca S. Cuffman CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: November 8, 1989 - 7:30 p.m. PLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga, CA Type: Regular Meeting Roll Call: Chairperson Siegfried, Commissioners Burger, Harris, Kolstad, Tappan, Moran. Commission Tucker was absent. Pledge of AllegianCe: Approval of Minutes: None. ORAL COMMUNICATIONS: Mr. Thomas Aykroyd, 20608 Ritana Court, Saratoga, stated he was present for Item 3, DR-88-076, Yoshioka, which was withdrawn from the Consent Calendar. He stated his first concern was the four-foot retaining wall which he did not believe was designed to be four feet. The other issue of concern to him is the trees along his property. He was assured that protection would be put around the trees but a foot of earth was removed away from the trees within an inch of the trees and there has been no protective barrier put up. Chairperson Siegfried stated he understood Mr. Aykroyd's concerns and would ask staff to look into the matter. Mr. R. Deveer, ~8920 Bonnet Way, Saratoga, noted a meeting which was held concerning the movement of high tension wires and asked if another meeting on the issue would be held. Planning Director Emslie stated the issue about which Mr. Deveer is concerned deals with implementation of Route 85 and directed him to another meeting being held before the City Council in the next room. Mr. Deveer expressed concern that he was not notified of the meeting, and Planning Director Emslie said he would see that Mr. Deveer's name is placed on the appropriate mailing list. REPORT OF POSTING AGENDA: Pursuant to Government Code 54954.2, the agenda for this Meeting was properly posted on November 3, 1989. Technical Corrections to Packet Material: Planner Graff noted the following changes: - In DR 89-067 a revised resolution is before the Commission. The applicant has agreed to do some modifications to the grading into the driveway in order to save two trees and those conditions--~, ~2 and 13--have been incorporated into the revised resolution. PLANNING COMMISSION MEETING Page 2 NOVEMBER 8, 1989 PUBLIC HEARINGS CONSENT CALENDAR: 1. AZ0-89-005 City of Saratoga, a proposed ordinance to amend fencing requirements in the NHR zone district. The current provisions permit a maximum of 4,000 sq. ft. enclosure of open wire fencing. The proposed amendment would enable a petition from 60% of property owners within a given neighborhood to .request Planning Commission approval for increased fencing (cont. to 12/13/89). 2. DR-89-079 Nagi-Pesic, 21433 Tollgate Rd., a request for design review approval to construct a two-story, 5,019 sq. ft. single family dwelling the NHR zone district per Chapter 15 of the City Code (cont. to 1/10/90). 3. DR-88-076 Yoshioka, 20572 Prospect Rd., request for approval to redesign one unit of a previously approved 6 unit townhouse project in the C-N zone district per Chapter 15 of the City Code (withdrawn). 4. DR-89-083 Gregory, 20602 Lomita Ave., request for design review and a V-89-037 variance to allow the construction of a 3,783 sq. ft., single story residence, in the R-1-20,000 zone district per Chapter 15 of the City Code. Variance approval would allow the height of a detached garage to exceed the 12 foot height limit (cont. from 11/8/89). 5. DR-89-082 Lohr, 14904 Gypsy Hill Rd., request for design review approval to construct a two-story, 5,722 sq. ft. single family dwelling in the R-1-40,000 zone district per Chapter 15 of the City Code (cont. from 11/8/89). 6. SUP-89-003 Pronger/Eagleston, 20600 Lomita Ave., request for second unit use permit approval to legalize an existing 320 sq. ft. second unit in the R-1-20,000 zoning district per Chapter 15, Section 56.110 of the City Code (cont. from 11/8/89). 7. DR-89-087 Lohr, 14766 Gypsy Hill Rd., request for design review approval to construct a two-story, 5,752 sq. ft. single family dwelling in the R-1-40,000 zone district per Chapter 15 of the City Code. 8. DR-89-086 Woolworth, 14815 Three Oaks Ct., request for design review approval to construct a two-story, 5,939 sq. ft. single family dwelling in the R-1-40,000 zone district per Chapter 15 of the City Code. 9. TUP-89-O02 Boisseranc, 13650 Saratoga-Sunnyvale Rd., request for temporary use permit approval to operate a retail Christmas tree lot in the R-1-12,500 zone district per Chapter 15 of the City Code. PLANNING COMMISSION MEETING Page 3 NOVEMBER 8, 1989 PUBLIC HEARINGS CONSENT CALENDAR Continued 10. DR-88-102 Pool, 20334 Thelma Ave., request for design review approval to construct a 736 sq. ft. second floor addition to an existing one- story home for a total of 3,481 sq. ft. in the R-1-10,000 zone district per Chapter 15 of the City Code. 11. DR-89-084 Sisk, 14437 Leland Circle, request for design review to allow construction of a 4,999 sq. ft. two-story residence in the R-1- 40,000 zone district per Chapter 15 of the City Code. 12. DR-89-067 Sobey Oaks Assoc., 14520 Chester Ave., request for design review approval for a new 5,802 sq. ft. one-story single family dwelling in the R-1-40,000 zone district per Chapter 15 of the City Code. 13. DR-89-073 Flynn, 14450 Leland Circle, request for design review approval for a new 5,303 sq. ft. two-story single family dwelling in the R-1-40,000 zone district per Chapter 15 of the City Code. Staff requested removal of Public Hearings Consent Calendar Item 4. Commissioner Kolstad requested removal of Public Hearings Consent Calendar Item 5. Commissioner Burger requested removal of Public Hearings Consent Calendar Item 6. Commissioner Harris requested removal of Public Hearings Consent Calendar Item 8. Commissioner Harris requested removal of Public Hearings Consent Calendar Item ~0. Commissioner Moran requested removal of Public Hearings Consent Calendar Item 11. Commissioner Kolstad requested removal of Public Hearings Consent Calendar Item 12. HARRIS/BURGER MOVED APPROVAL OF CONSENT CALENDAR ITEMS 7, 9 AND 13. Passed 6-0. 4. DR-89-083 Gregory, 20602 Lomita Ave., request for design review and a V-89-037 variance to allow the construction of a 3,783 sq. ft., single story residence, in the R-1-20,000 zone district per Chapter 15 of the City Code. Variance approval would allow the height of a detached garage to exceed the 12 foot height limit (cont. from 11/8/89). Planning Director Emslie reported on a meeting held with the applicant on November 7. In response to a question from Chairperson Siegfried regarding the concerns of a neighbor, Planning Director Emslie reported that the neighbor and staff were able to discuss the revisions and the neighbors were satisfied with the changes and indicated they would not be in attendance to raise any objections. In response to a question from Commissioner Burger, Planning Director Emslie stated that the height of the home was reduced from 24 ft. to 22 ft at the highest point and the height from the closest point to the concerned neighbor has also been reduced by 2 ft. The garage is 18 ft. The Public Hearing was opened at 7:46 p.m. PLANNING COMMISSION MEETING Page 4 NOVEMBER 8, 1989 PUBLIC HEARINGS CONSENT CALENDAR Continued Mr. Jim Gregory, Applicant, stated he met with Planning Staff and the plans were revised. He pointed out that on page 3 of the drawing the architect drew the original loop line. Additionally, the floor was lowered by about 9 in. Mr. Gregory said he was satisfied with the revised plans and requested Planning Commission approval. BURGER/KOLSTAD MOVED TO CLOSE THE PUBLIC HEARING AT 7:47 P.M. Passed 6-0. Commissioner Burger asked if staff was able to make the variance findings for the garage. Planning Director Emslie responded that because of the predominant nature of detached garages in the vicinity staff felt it was an exceptional circumstance in this case. BURGER/KOLSTAD MOVED TO APPROVE V-89-037 PER THE. STAFF RECOMMENDATION. Passed 5-0; Commissioner Harris abstained. BURGER/KOLSTAD MOVED TO APPROVE .DR-89-083 PER THE REVISED PLANS. Passed 5-0; Commissioner Harris abstained. 5. DR-89-082 Lohr, 14904 Gypsy Hill Rd., request for design review approval to construct a two-story, 5,722 sq. ft. single family dwelling in the R-1-40,O00 zone district per Chapter ~5 of the City Code (cont. from 1~/8/89). Commissioner Kolstad expressed concern that he felt the design was bulky and incompatible with the neighborhood. The Public Hearing was opened at 7:48 p.m. Mr. Jerry Lohr, Applicant, reviewed the plans for the home and expressed the owners' views regarding the design. He said if the Commission felt changes needed to be made to the plans he would have to return to the owners. HARRIS/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 7:50 P.M. Passed 6-0. At Commissioner Burger's request, Commissioner Kolstad stated his concerns regarding the design of the home. He said he felt the design needed to be revamped and said it was a matter of personal taste. Commissioner Burger reported on the land use visit. Commissioner Moran said she had no problem with design but felt Commissioner Kolstad's concern should be considered carefully in light of the fact that there will be 23 other houses along those streets in the future. HARRIS/MORAN MOVED TO APPROVE DR-89-082 PER THE MODEL RESOLUTION. Passed 5-~; Commissioner Kolstad dissenting. PLANNING COMMISSION MEETING Page 5 NOVEMBER 8, 1989 PUBLIC HEARINGS CONSENT CALENDAR Continued 6. SUP-89-003 Pronger/Eagleston, 20600 Lomita Ave., request for second unit use permit approval to legalize an existing 320 sq. ft. second unit in the R-1-20,O00 zoning district per Chapter 15, Section 56.110 of the City Code (cont. from 11/8/89). Commissioner Burger reported on the land use visit. She stated she did not feel the Building Department set enough conditions, i.e., there was no requirement to raise the roof level in the kitchenette. Planning Director Emslie presented the Report to the Planning Commission dated November 4, 1989. He suggested that the item be continued to December 13 so the Building official could be asked for a more detailed accounting of his analysis and where the code requirements apply. The Public Hearing was opened at 7:58 p.m. Mr. Donald Eagleston, Applicant, stated the second unit was a condition of the subdivision of the rear lot the Gregorys are building on. There were 3 units on the property. A condition of the subdivision was to remove the second unit and bring the unit up to code. The unit has been declared as a historical unit and it would not be economical to demolish and rebuild the unit. The Building Department felt that if a foundation was put on and the electrical system was upgraded that would satisfy the conditions. The height of the roof was brought to their attention and they would not require the height of the roof be raised. Mr. Eagleston said he was told by the Building Department that the unit was not an illegal unit but it was a nonconforming unit. He stated the applicants are willing to abide by the wishes of the Planning Commission but there would be objection to demolition of a historic unit. MORAN/TAPPAN MOVED TO CLOSE THE PUBLIC HEARING AT 7:59 P.M. Passed 6-0. Commissioner Burger said she felt a more detailed report is needed. Commissioner Kolstad stated that after visiting the site he did not feel a more detailed report is necessary but would be willing to have a report brought back. He also said he felt the unit needs to be rebuilt. Chairperson Siegfried suggested that the item be discussed at the Study Session on November 28 and be brought back to the Commission for a vote on December 13. HARRIS/MORAN MOVED TO CONTINUE SUP-89-003 TO DECEMBER 13 WITH A STUDY SESSION ON NOVEMBER 28. Passed 6-0. 8. DR-89-086 Woolworth, 14815 Three Oaks Ct., request for design review approval to construct a two-story, 5,939 sq. ft. single family dwelling in the R-1-40,O00 zone district per Chapter 15 of the City Code. PLANNING COMMISSION MEETING Page 6 NOVEMBER 8, 1989 PUBLIC HEARINGS CONSENT.CALENDAR Continued Chairperson Siegfried stated a letter from Albert and Eva Alves, 14875 Baranga Lane, was received objecting to the construction. Planning Director Emslie presented the Report to the Planning Commission dated November 8, ~989. The Public Hearing was opened at 8:03 p.m. Mr. Woolworth, Woolworth Construction, questioned when the letter was received, and Chairperson Siegfried read the portion of the letter listing the reasons for the objection. BURGER/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:05 P.M. Passed 6-0. Commissioner Moran asked staff the location of the neighbor who objected to the construction. Commissioner Burger stated she did not recall any particular impact on surrounding neighbors other than they would see homes where they did not see them before. She did not have a problem with the application. In response to a question from Commissioner Tappan, Planning Director Emslie described the distance between the trees. BURGER/HARRIS MOVED TO APPROVE DR-89-086 PER THE MODEL RESOLUTION. Passed 6-0. ~0. DR-88-~02 Pool, 20334 Thelma Ave., request for design review approval to construct a 736 sq. ft. second floor addition to an existing one- story home for a total of 3,48~ sq. ft. in the R-l-~O,O00 zone district per Chapter ~5 of the City Code. Chairperson Siegfried stated the Commission is in receipt of two letters (Annette Totton, 20298 Thelma Avenue; and Michel and Louise Quenon, 20297 Thelma Avenue) objecting to this item. Planning Director Emslie stated he was handed another letter regarding the item and circulated it for Commission review. Planning Director Emslie presented the Report to the Planning Commission dated November 8. Chairperson Siegfried asked for a comparison of these plans to previous plans that were submitted; Planning Director Emslie stated the plans were similar. He said the neighborhood is basically a one-story neighborhood but the addition is done in such a way which minimizes the impact of a two-story appearance on the street. Commissioner Harris stated she pulled the item because she recalled when this item was before the Planning Commission previously there was objection from the neighbor that lived in the back. The Public Hearing was opened at 8:~0 p.m. PLANNING COMMISSION MEETING Page 7 NOVEMBER 8, 1989 PUBLIC HEARINGS CONSENT CALENDAR Continued Mr. Brian Pool, Applicant, stated the original plan was 22 ft. and this was prior to the 18 ft. change in the single story. He stated there was a 5 or 6 in. error not a 4 ft. error. He said the setback is shown to be out of standard. He pointed out the third page of the report indicates the 25 ft. setback, the code requires 25 ft. yet there is an asterisk indicating that is not conforming and he is confused by that statement. He stated that the Planning Department suggested to the Applicants that they go for the second story, not the variance. He said that the rear neighbors had concerns about the windows and the windows were taken out of the rear and placed on the two sides and on the front. He circulated a set of plans signed by the immediate neighbors including the pool owners next door. In response to a question from Chairperson Siegfried, Mr. Pool explained how the plan compares to the original plan. Mr. Lenney Bel, 20355 Franklin Avenue, addressed the Commission. He said he is the neighbor living on the south side of the property and when this item was before the Commission previously he voiced opposition to the two-story structure. He said his concern was an invasion of privacy in the outdoor living areas. He said since there are no windows designed for the south side, that takes care of his personal feelings regarding the invasion of privacy. Mr. Andy Butera, 20335 Franklin Avenue, said he is in agreement with Mr. Bel. Ms. Charlotte Butera stated she submitted a letter this evening which states her position. HARRIS/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:19 P.M. Passed 6-0. Commissioner Kolstad stated he agreed the neighborhood would be best having only one-story homes but the situation occurred and he did not feel it was out of character. He said he was not sure he would agree to a two-story home in the neighborhood now but it is there and he felt approval is acceptable to him. Commissioner Harris said she disagreed with Commissioner Kolstad's comments. Commissioner Burger stated that it was the Commission's intent three years ago that this be a one-story residence, staff approved it as a one-story residence, this is a neighborhood of one-story residences. The issue is that this is a two-story home and it is not what the Commission had in mind when it was approved. She said she would not vote for a two-story home. Commissioner Tappan questioned that if the Commission did not approve a two-story three years ago why would the Commission approve it now. Commissioner Moran stated she too could not support this item and agreed with the comments made. PLANNING COMMISSION MEETING Page 8 NOVEMBER 8, 1989 PUBLIC HEARINGS CONSENT CALENDAR Continued Chairperson Siegfried said that he would like to see the original plans. He suggested that the Commission review the original plans and concerns and see if that changes anyone's opinion about the item. Planning Director Emslie stated that a presentation could be made at the study session on November 28. BURGER/TAPPAN MOVED TO CONTINUE DR-88-102 TO DECEMBER 13 WITH A STUDY SESSION ON NOVEMBER 28. Passed 6-0. l~. DR-89-084 Sisk, ~4437 Leland Circle, request for design review to allow construction of a 4,999 sq. ft. two-story residence in the 40,000 zone district per Chapter ~5 of the City Code. Planner Graff presented the Report to the Planning Commission dated November 8, ~989. Commissioner Moran reported on the land use visit. Commissioner Moran expressed concern that the house sets down into the ravine that it is built on but from the back it looks like a four-story house. The Public Hearing was opened at 8:31 p.m. Mr. Roger Griffin addressed the Commission on behalf of the applicant. Mr. Griffin reviewed the plans for the house. He said in terms of the concern for the height of the building from behind, there are only two homes that could see this from the other side of the creek setting. BURGER/HARRIS MOVED TO CLOSE THE PUBLIC HEARING AT 8:35 P.M. Passed 6-0. Commissioner Kolstad commented that this is a difficult type of site and he felt that a good job was done on the roof line. BURGER/HARRIS MOVED TO APPROVE DR-89-084 PER THE MODEL RESOLUTION. Passed Commission Moran dissenting. 12. DR-89-067 Sobey Oaks Assoc., ~4520 Chester Ave., request for design review approval for a new 5,802 sq. ft. one-story single family dwelling in the R-~-40,O00 zone district per Chapter 15 of the City Code. Planner Graff presented the Report to the Planning Commission dated November 8, ~989. Commissioner Kolstad said he felt the design was bulky and does not conform to the neighborhood. The Public Hearing was opened at 8:38 p.m. The Applicant reviewed the plans in detail. PLANNING COMMISSION MEETING Page 9 NOVEMBER 8, 1989 PUBLIC HEARINGS CONSENT CALENDAR Continued HARRIS/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 8:41 P.M. Passed 6-0. BURGER/HARRIS MOVED TO APPROVE DR-89-067 PER THE MODEL RESOLUTION. Passed 4-2; Commissioners Kolstad and Moran dissenting. Break 8:45 - 8:55 P.M. PUBLIC HEARINGS: 14. DR-89-046 Naghavi, 20233 Seagull Way, request for design review approval to demolish an existing single story residence and construct a 3,~97 sq. ft. two-story residence in the R-~-~O,O00 zone per Chapter ~5 of the City Code (cont. from 11/8/89). Planner Graff presented the Report to the Planning Commission dated November 8, ~989. The Public Hearing was opened at 8:57 p.m. Mr. Naghavi, Applicant, ~0438 Prunetree Lane, Cupertino addressed the Commission. He stated since the hearing in July he has come up with two separate plans. He was told by Planner Graff that one set of plans was something that he would not recommend. He therefore went back to the original plans and tried to eliminate all the concerns the Planning Commissioners and Planning Staff had. He addressed the concerns which were previously noted. He indicated that none of the neighbors complained about privacy or anything of that nature. He said several neighbors have asked him why he is not building 'the house on the lot as originally discussed. Regarding the objection that the project is of excessive bulk, Mr. Naghavi referred the Commission to the Executive Summary which states that the Applicant's proposal meetings all zone restrictions for the R-~-~O,O00 zone. Regarding the issue that the project is not compatible in terms of bulk and height with those homes within the immediate area, he referred once again to the Executive Summary, paragraph 3. Ms. Vivian Sang, 12370 Ted Avenue, which is across the street from Mr. Naghavi's property. She expressed support for Mr. Naghavi's construction. She said the existing house on the property is "junky looking" and all the neighbors she has spoken with want him to tear down the old house. Mr. Len-Tom Lai, ~24~5 Ted Avenue, also expressed support for Mr. Naghavi's project. HARRIS/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 9:05 P.M. Passed 6-0. Commissioner Burger said she would like to have had a study session on this in order to try to work out some of the small problems. She expressed concern about the balcony that has been added because it is on the second story and is only ~0 ft. from the property line. PLANNING COMMISSION MEETING Page lO NOVEMBER 8, 1989 PUBLIC HEARINGS Continued Chairperson Siegfried also stated he had a problem with this particular two-story house on a corner lot and thought it could be less imposing. He also had a problem with the balcony. Commissioner Burger felt that the concerns of the Commission have not been addressed. Commissioner Tappan stated he had no objection to a two-story house. Commissioner Harris felt that the plan is too imposing for that particular lot. Commissioner Moran said she was not prepared to vote for this item. Chairperson Siegfried stated that although the Applicant may literally meet all the of requirements and has responded to the turrets and some of the other concerns of the Commission, the house seems to be too imposing for the lot. He suggested that this item be reviewed at the Study Session on November 28 and the Applicant stated he was willing to abide by the suggestion. HARRIS/KOLSTAD MOVED TO CONTINUE DR-89-046 TO DECEMBER 13 WITH A STUDY SESSION ON NOVEMBER 28. Passed 6-0. ~5. SD-89-0~3 McNeil, ~362~ Pierce Rd., request for a tentative building site DR-89-089 approval for a single lot in the NHR zone district per Chapter 14 V-89-027 of the City Code. Design review and variance approvals are also requested for a two-story addition to an existing two-story single family dwelling per Chapter 15 of the City Code. The requested variance is from floor area and impervious coverage. The total proposed floor area is 3,755 sq. ft., 715 sq. ft. over the allowable, and 30.7% impervious coverage in lieu of 25% maximum allowed. Planner Graff presented the Report to the Planning Commission dated November 8, ~989. Commissioner Burger reported on the land use visit. The Public Hearing was opened at 9:26 p.m. Mr. Karl Coombs, Architect, represented Mr. McNeil, the Applicant. He indicated that the previous owner tried to tear down the existing building and design a new building larger than the one in the present application. BURGER/HARRIS MOVED TO CLOSE THE PUBLIC HEARING'AT 9:30 P.M. Passed 6-0. BURGER/HARRIS MOVED TO APPROVE SD-89-0~3 PER THE MODEL RESOLUTION. Passed 6-0. BURGER/HARRIS MOVED TO APPROVE DR-89-089 PER THE MODEL RESOLUTION. Passed 6-0. BURGER/HARRIS MOVED TO APPROVE V-89-027 PER THE MODEL RESOLUTION. Passed 6-0. PLANNING COMMISSION MEETING Page ll NOVEMBER 8, 1989 PUBLIC HEARINGS Continued Commissioner Kolstad stepped down on the following item. ~6. V-89-039 Cashin, ~2029 Saratoga-Sunnyvale Rd., request for sign program approval and a variance from Ordinance ~5-30.100 to allow two free-standing signs on the site where only one is allowed. The property is located in the C-N zone district. Planner Graff presented the Report to the Planning Commission dated November 8, ~989. Commissioner Moran reported on the land use visit. The Public Hearing was opened at 9:32 p.m. The Applicant was present to respond to questions. Commissioner Harris stated she had a concern about the signs at the Chicken Salsa Restaurant. The Applicant stated that they are attempting to restrain the Chicken Salsa owners but they are not cooperating and requested support from the City to deal with Chicken Salsa. City Attorney Toppel asked the architect to relate to the owner that as far as the City Attorney's Office is concerned the banner is illegal, and the City would begin to issue citations and begin prosecuting. Commissioner Moran asked about the yellow awning placed on the building. City Attorney Toppel said that the awning could be viewed as a decorative feature because there is no writing on it. If the Commission wants to prohibit the awning, he suggested that it be covered in the sign program. Planning Director Emslie stated that the awning was not covered when the permit was reviewed. The awning was installed after the remodel work was approved and'is in direct violation of the exhibits that were approved by the Commission which results in a misdemeanor violation of the Municipal Code. He said he and City Attorney Toppel made numerous requests and have visited the owner of the business and have been unsuccessful in having the banner removed. City Attorney Toppel said he would discuss the matter further with Planning Director Emslie. He said that in Item ~6 a specific reference should be made to include banners and awnings. Chairperson Siegfried requested that a letter be sent to the Applicant and to the restaurant owner. City Attorney Toppel suggested that a citation be issued the next day since the City has already told him to take down the banner. HARRIS/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 9:37 P.M. Passed 5-0. PLANNING COMMISSION MEETING Page 12 NOVEMBER 8, 1989 PUBLIC HEARINGS Continued HARRIS/BURGER MOVED TO APPROVE V-89-039 PER THE MODEL RESOLUTION ADDING THAT SAFETY WILL BE IMPROVED AT THE INTERSECTION AND THAT ALL SIGNS AND BANNERS WILL BE REVIEWED. Passed 5-0. Commissioner Kolstad was reseated on the Commission. DIRECTOR'S ITEMS: 1. Memorandum cancelling the Planning Commission meetings of 1~/22/89 and 12/27/89. 2. Upcoming planning applications and projects. COMMISSION ITEMS: ~. City Council Report Commission Tappan reported on the City Council Meeting of November l, 1989. Planning Director Emslie requested that the Commission adjourn the meeting to the Study Session of November 28 in order for the Commission to take action to approve the variance on the Valenski property; a Public Hearing will be advertised. COMMUNICATIONS: Written: ~. Heritage Preservation minutes from ~0/4/89 Oral by Commission: Chairperson Siegfried noted that this was Planner Graff's last meeting. Chairperson Siegfried acknowledged Planner Graff and thanked him for his good work. ADJOURNMENT: The Meeting of the Planning Commission was adjourned at 9:50 P.M. to November 28, ~989. Respectfully submitted, R~ffman