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HomeMy WebLinkAbout12-13-1989 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: December 13, 1989 - 7:30 p.m. PLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Roll Call: Chairperson Siegfried, Commissioners Burger, Harris, Tappan, and Moran. Commissioners Kolstad and Tucker were absent. Pledge of Allegiance: Approval of Minutes: Minutes of October 25, 1989: Commissioner Burger noted that on page 1 under "Oral Communications" the name should be changed to E. T. Barco. On page 6, paragraph 2, line 3, the word "noting" should be changed to "nothing". On page 8 under the paragraph beginning "Staff reviewed the Staff Report from early 1989..." the second bullet should be changed to "the McCarty house". Chairperson Siegfried pointed out that on page 8 under the section where the Gregorys addressed the Planning Commission, the fourth bullet should be amended to read "that the height has been reduced to 22 feet". Commissioner Moran requested that on page 6, paragraph 4, line 5 after 10/3/89, the words "was something" should be deleted and the words "raised fewer variance and design problems" should be added. The first line on page 8 should be amended to read Commissioner Moran voted no. In paragraph 7 on page 8, Applicant Gregory's first name is "Jim". On page 9, paragraph 7, line 2 should read "neighborhood compatibility". On page 10 in the third paragraph under "Communications", line 3 should read "He noted he intends to proceed..." BURGER/MORAN MOVED TO APPROVE THE MINUTES OF OCTOBER 25, 1989 AS AMENDED. Passed 4-0; Commissioner Harris abstained. Minutes of November 8, 1989: Commissioner Burger noted that on page 7, paragraph 5, the name should read "Ms. Charlotte Bucaria". PLANNING COMMISSION MEETING Page 2 December 13, 1989 ApproVal of Minutes of November 8, 1989 Continued Commissioner Harris requested that on page 5, paragraph 4, after the third sentence the following sentence be included: "The third unit was removed by condition of the Planning Commission." HARRIS/BURGER MOVED TO APPROVE THE MINUTES OF NOVEMBER 8, 1989 AS AMENDED. Passed 5-0. ORAL COMMUNICATIONS: None. REPORT OF POSTING AGENDA: Pursuant to Government Code 54954.2, the agenda for this Meeting was properly posted on December 8, 1989. Technical Corrections to Packet Material: None. PUBLIC HEARING8 CONSENT CALENDAR: 1. 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-l-10,000 zone district per Chapter 15 of the City Code (cont. 1/10/90 per the request of applicant). 2. 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-l-10,000 zone per Chapter ~ 15 of the City Code (cont. to 1/10/90). 3. DR-89-039 Pearce, 14857 Bohlman Rd., request for design ' review approval for a new 6,755 sq. ft. one-story single family dwelling in the NHR zone district per Chapter 15 of the City Code (cont. to 1/10/89). 4. DR-89-095 Strom, 18832 Ten Acres Rd., request for design review approval to construct a two-story, 4,813 sq. ft. single-family dwelling in the R-i-40,000 zone district per Chapter 15 of the City Code (cont. to 1/10/90 per request of applicant). PLANNING COMMISSION MEETING Page 3 December 13, 1989 PUBLIC HEARINGS CONSENT CALENDAR Continued 5. V-89-024 Cuffe, 21151 Canyon View Dr., request for variance approval from Ordinance 15-45.030 to allow the expansion to a two-story home to exceed the Allowable floor area. The total proposed floor area is 3,186 sq. ft. in lieu of 2,720 sq. ft. maximum allowed (cont. from 10/11/89). 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-89-093 P.S.A. Partners, 18828 Ten Acres Rd., request for design review approval to construct a two-story 5,422 sq. ft. single family dwelling in the R-1- 40,000 zone district per Chapter 15 of the City Code. 8. DR-88-064 Yonan, 13845 Upper Hill Rd., request for design V-89-045 review approval for a new 5,873 sq. ft. two-story single family dwelling in the R-i-40,000 zone district per Chapter 15 of the City Code. Variance approval is also requested to allow 40% slope under the building site where 30% is the maximum allowed. 9. DR-89-097 Butler, 14921 Vickery Ave., request for design review approval to construct a two-story 6,018 sq. ft. home with an attached three-car garage in the R-i-40,000 zone district per Chapter 15 of the City Code. 10. DR-89-091 De La Cruz, 12221 Brookglen Dr., request for design review approval for a second story addition to a one-story single family dwelling in the R-l-10,000 zone district per Chapter 15 of the City Code. The total proposed floor area is 3,079 sq. ft. 11. DR-89-043 Mortimer, 21847 Quarry Rd., request for design review approval for a new 5,553 sq. ft. two-story single family dwelling in the NHR zone district per Chapter 15 of the City Code. PLANNING COMMISSION MEETING Page 4 December 13, 1989 PUBLIC HEARINGS CONSENT CALENDAR Continued 12. DR-89-101 Lee, 18548 Bucknall Rd., request for design review approval to construct a 1,512 sq. ft. first and second floor addition to an existing one-story home for a total of 3,358 sq. ft. in the R-l-10,000 zone district per Chapter 15 of the City Code. Commissioner Harris requested removal of Public Hearings Consent Calendar Item 6. Chairman Siegfried requested removal of Public Hearings Consent Calendar Item 8. HARRIS/MORANMOVED APPROVAL OF CONSENT CALENDAR ITEMS 5, 7, 9, 10, 11, and 12. Passed 5-0. 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). Commissioner Harris expressed concern that there is no condition allowed for landscaping. She said she felt the building is stark and could be softened with some plantings. Planning Director Emslie presented the Report to the Planning Commission dated December 13, 1989. The Public Hearing was opened at 7:43 p.m. Mr. Donald Eagleston, Applicant, stated if the Planning Commission wants him to include landscaping he would do so. HARRIS/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 7:44 P.M. Passed 5-0. Commissioner Harris requested a condition to add landscaping to help screen the structure subject to staff approval. HARRIS/BURGER MOVED TO APPROVE SUP-89-003 WITH AMENDED CONDITION ADDED AS AN AMENDMENT ON DECEMBER 13, 1989. PLANNING COMMISSION MEETING Page 5 December 13, 1989 PUBLIC HEARINGS CONSENT CALENDAR Continued 8. DR-88-064 Yonan, 13845 Upper Hill Rd., request for design V-89-045 review approval for a new 5,873 sq. ft. two-story single family dwelling in the R-i-40,000 zone district per Chapter 15 of the City Code. Variance approval is also requested to allow 40% slope under the building site where 30% is the maximum allowed. Chairperson Siegfried stated he removed this item because of the letter in the file from a neighbor expressing concern about the geology of the area. Commissioner Moran reported on the land use visit. Planning Director Emslie presented the Report to the Planning Commission dated December 13, 1989. The Public Hearing was opened at 7:45 p.m. Mr. Lou Dorsich, Architect, appeared for the Applicant. He stated the Applicant is aware of the geological concerns raised by William Cotton, Geotechnical Consultant for the City, and has hired his own geotechnical consultants. The Applicant feels a solution can be worked out. He said he also feels that the development being proposed mitigates the concerns raised. Mr. and Mrs. A1 Hoagland addressed the Planning Commission regarding the concerns raised in Mr. Hoagland's letter. Mr. Hoagland also stated that widening of the driveway would require moving his water meter. Mr. Dorsich stated the driveway width is required for fire access and would benefit the Hoaglands because it would allow two-way traffic on the driveway. He also said the water meter may have to be relocated but was not certain relocation would be necessary. He said he felt the project would have a minimal impact on the Hoaglands but may have more impact on the property behind. Mr. Vern Kennedy, 20897 Verde Vista, addressed the Planning Commission regarding his concern about what the completed structure will look like from the area below. He also expressed concern about removal of large trees in the area and asked that the Planning Commission monitor this project to assure that a billboard effect is not constructed. PLANNING COMMISSION MEETING Page 6 December 13, 1989 PUBLIC HEARINGS CONSENT CALENDAR Continued Mr. Vaughn, 13889 Upper Hill Court, addressed the Planning Commission and said he had no immediate concern other than where the property is located relative to his view. Discussion ensued regarding where the structure is located in relation to Mr. Vaughn's property. In response to a question from Commissioner Tappan, Mr. Dorsich stated that the Applicant has hired a civil engineer to verify the rates and the slope ratio. He said the City would receive a signed plan. Mr. Kennedy expressed concern that the property can be viewed from many areas of the City and also expressed concern about the size of the structure. BURGER/TAPPAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:03 P.M. Passed 5-0. Commissioner Burger expressed concern about the north elevation which is the elevation that will be facing the flats and Verde Vista. Commissioner Harris said she shares the concerns of the other Commissioners and questioned whether it would be possible to mitigate with landscaping since the property is so steep. Commissioner Burger stated the Land Use Committee did not go to Verde Vista and look up at the property site and probably should have done so. Commissioner Moran said she would feel more comfortable if the Planning Commission had an opportunity to look at the site and take into consideration the concerns of the neighbors. Commissioners Tappan and Burger also said they would like to view the site. BURGER/HARRIS MOVED TO CONTINUED DR-88-064 AND V-89-045 TO JANUARY 10, 1990. Passed 5-0. PLANNING COMMISSION MEETING Page 7 December 13, 1989 PUBLIC HEARINGS: 13. AZO-89-003 City of Saratoga, Vehicle Repair Ordinance, an ordinance of the City of Saratoga amending Section 9-50-010 of the City Code concerning repair of vehicles on residential property (cont. from 10/25/89). City Attorney Toppel presented a report to the Planning Commission on the proposed Ordinance. The Public Hearing was opened at 8:10 p.m. BURGER/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:10 P.M. Passed 5-0. BURGER/MORAN MOVED TO APPROVE AZ0-89-003. Passed 5-0. 14. 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 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. from 11/8/89). City Attorney Toppel presented a report to the Planning Commission on the proposed Ordinance. The Public Hearing was opened at 8:14 p.m. A representative' of the Parker Ranch Homeowners Association addressed the Planning Commission. The Association has been working to meet the needs of its homeowners to protect their landscaping. The homeowners have had a problem keeping their landscaping and have been erecting fences. Mr. David Steffer, Parker Ranch Court, addressed the Planning Commission. He stated the homeowners are not asking for an exemption but rather a mechanism to use in the event the homeowners need to request an exemption so they can proceed with it. MORAN/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 8:16 P.M. Passed 5-0. BURGER/MORAN MOVED TO APPROVE AZO-89-005 PURSUANT TO THE STAFF REPORT. Passed 5-0. PLANNING COMMISSION MEETING Page 8 December 13, 1989 PUBLIC HEARINGS Continued 15. DR-89-088 Blum, 14598 Deer Spring Ct., a request for design V-89-022 review approval to construct a two-story, 9,233 sq. ft. single-family dwelling and cabana in the NHR zone district per Chapter 15 of the City Code. The variance request is to exceed the allowed floor area by 1,553 sq. ft. and to allow a 15 ft. high accessory structure where 12 ft. is permitted. Chairperson Siegfried noted receipt of a letter from Lynn and Robert Sprague expressing their concerns regarding the proposal. Commissioner Burger reported on the land use visit. Planning Director Emslie presented the Report to the Planning Commission dated December 13, 1989. The Public Hearing was opened at 8:22 p.m. Mr. and Mrs. Sheldon Blum addressed the Planning Commission. Mr. Blum described the property. He stated a San Jose water tank borders the property and the purpose of the cabana is to screen the property. He said he did not agree with the Staff Report that the water tank be screened by landscaping because the tank would still be visible through the trees. He also stated that the cabana does not impact the other neighbors. He pointed out that the site for the building is the only reasonable and compatible area for it because it is centrally located and is far enough from the street. If it were moved backwards, the yard area would be lost. The reason for additional square footage is based upon double counting of the ceiling level. Mr. Michael Helm, Architect, addressed the Planning Commission. He discussed the attempts made to minimize the impact to the neighbors and various aspects of the Staff Report. Mr. Wilhelm Kohler addressed the Planning Commission regarding his concerns about the size of the house. Mr. Frank Saude addressed the Planning Commission. He is the homeowner adjacent to the Blum's property. He stated he has no problems with the project. Mr. Wong, a neighbor, stated he had no objection t0 the proposal. HARRIS/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 8:40 P.M. Passed 5-0. PLANNING COMMISSION MEETING Page 9 December 13, 1989 PUBLIC HEARINGS Continued Commissioner Tappan stated he has no problems with the double counting issue or the cabana. Commissioner Burger stated she is not bothered by the cabana. Her concerns are in the grading and the square footage. She said it is her feeling that the grading should be reduced and the square footage should be reduced. Commissioner Harris concurred with the comments made. Commissioner Moran stated she agrees with the Staff Report. Chairperson Siegfried said he is not concerned with the cabana but is concerned with the size of the home. At the request of the Applicant, the item was continued to February 14, 1990 with a Study Session on January 16. 16. V-89-028 Petrossi, 14720 Montalvo Rd., a request for variance approval to construct an 8 ft. high sound wall with a zero setback where 15 ft. is normally required and to replace an existing 6 ft. fence with another 6 ft. fence in the R-I-40,000 zone district per Chapter 15 of the City Code. Commissioner Moran reported on the land use visit. Planning Director Emslie presented the Report to the Planning Commission dated December 13, 1989. The Public Hearing was opened at 8:45 p.m. TAPPAN/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 8:46 P.M. Passed 5-0. Commissioner Tappan moved to approve V-89-028; Commissioner Moran requested an amendment to require a 3 ft. wall in the front. Commissioner Burger stated the proposed 6 ft. wall on the outside property line does not concern her but questioned how much noise abatement would occur with a 6 ft. wall across the front of the property and if the 6 ft. wall is necessary. Planning Director Emslie said staff felt the site is unique in that it is so close to Highway 9 and that the effectiveness of the sound wall would be diminished if there was not a continuation of the wall. PLANNING COMMISSION MEETING Page 10 December 13, 1989 PUBLIC HEARINGS Continued Commissioner Tappan said he had no problem with .the wall at its proposed height as he is very familiar with the site. Commissioner Moran stated her concern that there is a3 ft. limit and the house is set back for a distance with a garage and the 6 ft. wall does not seem warranted. Chairperson Siegfried allowed theApplicant to address the Planning Commission and explain his need for the 6 ft. wall. Commissioner Moran withdrew her amendment. TAPPAN/HARRIS MOVED TO APPROVE V-89-028 PER THE MODEL RESOLUTION. Passed 4-1; Commissioner Moran voted no. Break 8:55 - 9:10 p.m. 17. DR-89-023 Riding, 21836 Quarry Rd., request for design review V-89-008 approval for a new 5,653 sq. ft. two-story single family dwelling in the NHR zoning district per Chapter 15 of the City Code. Variance approval is also requested to allow 27 ft. maximum height in lieu of 26 ft. allowed. Planning Director Emslie presented the Report to the Planning Commission dated December 13, 1989. The Public Hearing was opened at 9:12 p.m. Ms. Virginia Fanelli, representing the Applicant, addressed the Planning Commission. She discussed the height of the spire and requested that the Planning Commission find that the spire is an exception to the height limit. She stated if the roofline is lowered, drainage would be a problem. Ms. Fanelli also stated that the Applicant agrees with staff's review of the design of the home. She requested that the Planning Commission conditionally approve the swimming pool with its placements based on the geologic review and on meeting the ordinance for setback. Mr. Wilhelm Kohler addressed the Planning Commission. He requested that the Planning Commission not allow the 1 ft. variance. BURGER/HARRIS MOVED TO CLOSE THE PUBLIC HEARING AT 9:20 P.M. Passed 5-0. PLANNING COMMISSION MEETING Page 11 December 13, 1989 PUBLIC HEARINGS Continued Commissioner Burger stated she felt the 1 ft. would'not make much of a difference. She stated if the reduction in height requires a complete redesign of the roof, she could make the findings for the variance. Commissioner Moran said she felt the spire should be dealt with as a variance. Chairperson Siegfried said he agreed with the comments made by the other Commissioners. Commissioner Harris commented that if staff cannot make the findings she cannot argue against them. MORAN/HARRIS MOVED TO ADOPT DR-89-023 PER THE MODEL RESOLUTION. Passed 5-0. MORAN/HARRIS MOVED TO DENY V-89-008 PER THE MODEL RESOLUTION. Passed 4-1; Commissioner Burger voted no. 18. V-89-029 Brady, 13855 Saratoga Ave., request for variance approval from Ordinance 15-80,030(d) to allow the construction of a new 704 sq. ft. three-car garage within the required rear yard. The maximum height proposed is 13 ft. where 10 ft. is the maximum allowed with 6 ft. rear and right side setbacks where 12 feet are required. The property is located in the R-1-20,000 zone district. Commissioner Burger reported on the land use visit. Planning Director Emslie presented the Report to the Planning Commission dated December 13, 1989. The Public Hearing was opened at 9:30 p.m. Mrl Richard Haro, Designer, 350 E. Campbell Ave., Campbell, addressed the Planning Commission on behalf of the Applicant. He stated that the easement for the property is on the neighbor's property and there is no fence between the properties at the present time. He explained the existing garage has been on the property for about 30 years as have the two driveways. BURGER/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 9:35 P.M. Passed 5-0. BURGER/MORAN MOVED TO APPROVE V-89-029 PER THE STAFF'S REPORT. Passed 5-0. PLANNING COMMISSION MEETING Page 12 December 13, 1989 PUBLIC HEARINGS Continued 19. SD-89-014 Emami, 20760 Wardell Rd., request for tentative map approval to divide a 1.53 acre parcel in the R-1- 12,000 zone district into two lots, each of which would be 1.05 and 0.48 acres in gross area per Chapter 14 of the City Code. Commissioner Burger reported on the land use visit. Planning Director Emslie presented the Report to the Planning Commission dated December 13, 1989. The Public Hearing was opened at 9:43 p.m. Mr. William Heiss, Civil Engineer, addressed the Planning Commission on behalf of the Applicant. Using an overhead projector, Mr. Heiss pointed out the property and explained the proposal. The concern of the Applicant is the requirement to widen the bridge over Calabazas Creek and the Applicant feels there is merit to not widening the bridge. The bridge is in good condition, and it gives a rural character to the area. A check of the records of the Engineering Department indicates there have been no accidents at the bridge during the past five years. The cost of widening the bridge would place a burden on the Applicant. Ms. Sherry Diemer addressed the Planning Commission and expressed her concerns about widening of the bridge. She presented a petition from the residents of the adjacent area opposing the widening of the bridge. The residents feel that speeds have been kept down by the slowing of traffic at the bridge; the bridge has not been considered a safety issue; and the widening of the bridge would create serious problems for residents on the western end of Wardell Road. Mr. Ronald Calley addressed the Planning Commission. He stated he opposed the widening of the bridge because he feels it is an unfair burden to the developer and the bridge is effective in slowing traffic. He would oppose any increase in traffic that would occur if the bridge was widened. Mr. Ed Bevis addressed the Planning Commission. He stated his opposition to widening of the bridge and said the bridge adds appeal to the area and does serve to slow traffic in the area. PLANNING COMMISSION MEETING Page 13 December 13, 1989 PUBLIC HEARINGS Continued Ms. Rita Hennessey addressed the Planning Commission. She stated she opposes the subdivision. She indicated she reviewed the blueprints and had always been under the impression her property line was located.at a different location than that indicated on the blueprints. She requested a decision be postponed so she can research the project further. Mr. Heiss reviewed the map of the property and pointed out the common line shared by the properties. He also pointed out the Santa Clara Valley Water District easements. He stated there is no area of overlap or conflict and the recorded maps agree with one another. Mr. Heiss said he would work with Ms. Hennessey so there is no question about where the property line lies. BURGER/HARRIS MOVED TO CLOSE THE PUBLIC HEARING AT 10:03 P.M. Passed 5-0. Commissioner Burger said she felt the only question to be addressed is the widening of the bridge. She stated she is not in favor of widening the bridge for the reasons cited by the neighbors. BURGER/MORAN MOVED FOR APPROVAL OF SD-89-014 WITH THE UNDERSTANDING THAT THE BRIDGE ON WARDELL AT CALABAZAS CREEK WILL NOT BE WIDENED. Passed 5-0. 20. DR-89-120 DiManto, 14550 Big Basin Way, request for design UP-89-014 review and use permit approval to remodel an existing vacant building within the Village and provide a "Hobee's" restaurant with outdoor dining per Chapter 15 of the City Code. This parcel is also within Parking District No. 2. Planning Director Emslie presented the Report to the Planning Commission dated December 13, 1989. The Public Hearing was opened at 10:08 p.m. Mr. William Heiss appeared for the Applicant and described the project. He said the Applicant is concerned with Conditions 3 and 4 of the design review. The conditions as written should be clarified so that in the future if a different use or supplemental use would occur the same square footage and height would not necessarily apply. The Applicant is concerned about the implications that these conditions would have and feel they would seriously diminish the value of the property considering the amount of parking available. Mr. Heiss requested verbiage in the record indicating that these square footages apply for this specific use PLANNING COMMISSION MEETING Page 14 December 13, 1989 PUBLIC HEARINGS Continued only and that in subsequent uses whatever square footages are appropriate would be allowed. Another concern addressed by Mr. Heiss is Condition 4 of the use permit. He requested the Condition be modified so that when the application is reviewed in 12 months it be reviewed for the time of operation and not the use. Planning Director Emslie clarified that staff's concern regards the hours. City Attorney Toppel clarified that the application applies to this structure only and is not a permanent restriction on the property. Any modification would have to be approved by the Planning Commission. Mr. Tom Neil, Architect, addressed the Planning Commission and described the modifications which are planned for the structure. A representative of Hobee's addressed the Planning Commission and reviewed the history of Hobee's. HARRIS/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 10:20 P.M. Passed 5-0. HARRIS/MORAN MOVED TO APPROVE DR-89-120 PER THE MODEL RESOLUTION. HARRIS/TAPPAN MOVED TO APPROVE UP-89-014 CLARIFYING CONDITION 3 THAT ALL ACTIVITIES RELATED TO MAINTENANCE WILL BE LIMITED TO ONE HOUR PRIOR AND ONE HOUR FOLLOWING AND THAT REVIEW WITHIN 12 MONTHS WILL BE REGARDING THE HOURS OF OPERATION. Passed 5-0. 21. V-89-033 Matsuura, 21536 Saratoga Heights Dr., request for variance approval to allow an open 5 ft. tall fence within a required front yard in the NHR zone district per Chapter 15 of the City Code. Variance approval is also requested to enclose the remaining portion of this parcel with open wire fencing in a hillside zoning district which only allows a 4,000 sq. ft. maximum area of enclosure. Commissioner Moran reported on the land use visit. Planning Director Emslie presented the Report to the Planning Commission dated December 13, 1989. The Public Hearing was opened at 10:29 p.m. PLANNING COMMISSION MEETING Page 15 December 13, 1989 PUBLIC HEARINGS Continued Mr. Ron Matsuura, Applicant, addressed the Planning Commission. Mr. Matsuura stated he did not have plans for a fence on his property but his family has been harassed by cars driving by his home and he also has had prowlers around his home. He said the only reason he put up the fence was for fear of his family's safety. Mr. Matsuura stated he did not know there was a 3 ft. limit on construction the fence. He noted his letter dated December 11 in which he points out inaccuracies in the Staff Report. He also presented a petition signed by his neighbors supporting his fence and a letter from one of his neighbors. Mr. Charles Master, Architectural Review Committee Chairman for the neighborhood, addressed the Planning Commission. He stated that he supports the request for the fence. He expressed his feelings that the ordinance should be reviewed. Mr. John Page, 21530 Saratoga Heights Drive, addressed the Planning Commission and expressed his support for the fence. Ms. Lynn Sprague addressed the Planning Commission and stated she generally objects to fences in front yards. However, this fence has added to the attractiveness of the house. Mr. Matsuura clarified that, contrary to the Staff Report, he is not asking for an enclosure all around the property only around the backyard area. He did not know what the total square footage of the enclosure would be. BURGER/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 10:48 P.M. Passed 5-0. Commissioner Burger stated she was concerned with the discrepancies between the Staff Report and what Mr. Matsuura reported he requested. She also stated she could not vote for the fence enclosure for the back of the property until reviewing an actual proposal with indication by staff as to the square footage. Commissioner Burger said that it was obvious Mr. Matsuura needs some sort of safety feature in the front of his property. She indicated the wrought iron fence is appealing and would like to see it become more of a neighborhood flavor rather than just an isolated home. Commissioner Harris stated she did not like to handle these types of cases on a variance basis and felt this would be a good opportunity to review the ordinance. PLANNING COMMISSION MEETING Page 16 December 13, 1989 PUBLIC HEARINGS Continued Commissioner Tappan said he would vote in favor the variance on the safety issues. Commissioner Moran stated she was not in favor but expressed concern that other instances may arise with applicants with similar security problems. Chairperson Siegfried indicated that his inclination was to try and get more input from the residents of the area. He said he had a difficult time voting on the fence for the enclosure since he was not sure of the square footage. He suggested that time be taken to get appropriate input in terms of the square footage and get input from the neighborhood association. HARRIS/MORAN MOVED TO CONTINUE V-89-033 TO JANUARY 24, 1989. Passed 5-0. 22. V-89-038 Sato, 21282 Tollgate Rd., request for variance approval to allow a 5 ft. fence within a required front yard in the R-1-40,000 zone district per Chapter 15 of the City Code. Commissioner Burger reported on the land use visit. Planning Director Emslie presented the Report to the Planning Commission dated December 13, 1989. The Public Hearing was opened at 11:06 p.m. Ms. Lynn Sprague addressed the Planning Commission. She expressed her concerns with the visual impact of the fence. She suggested that landscaping could be added to soften the impact. BURGER/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 11:08 P.M. Passed 5-0. Commissioner Moran stated she would favor keeping the pool area 5 ft. but asking for a step down of the wrought iron section to 3 ft. for the rest of the property. BURGER/HARRIS MOVED TO APPROVE V-89-038 WITH CONDITIONS THAT THE FENCE REMAIN AT 5 FEET AROUND THE POOL ENCLOSURE AND THAT PORTION OF THE FRONT YARD THAT SERVES AS PART OF THE POOL ENCLOSURE AND FROM THAT POINT ON THROUGH THE REST OF THE FRONT YARD THAT IT GRADUALLY BE REDUCED IN HEIGHT TO THE REQUIRED 3 FT. AND THAT LANDSCAPING IN THE PUBLIC RIGHT OF WAY BETWEEN THE FENCE AND THE CURB BE INCLUDED TO SOFTEN THE EFFECTS OF THE FENCE; BOTH CONDITIONS ARE SUBJECT TO STAFF APPROVAL. Passed 5-0. PLANNING COMMISSION MEETING Page 17 December 13, 1989 DIRECTOR'S ITEMS 1. Upcoming planning applications and projects COMMISSION ITEMS Commissioner Harris reported on the December 6 City Council Meeting. COMMUNICATIONS Written 1. Heritage Preservation minutes from 11/1/89 2. Letter to Ms. Wanda Henry from CSO Dept. re: Commercial Zoning Violation & Property Damage Quito Center Oral ADJOURNMENT The meeting of the Planning Commission was adjourned at 11:30 p.m. Respectfully submitted, Rebecca Cuffman