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HomeMy WebLinkAbout01-10-1990 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: January 10, 1990 - 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, and Moran. Commissioner Tucker arrived as noted below. Pledge of Allegiance: Approval of Minutes: Minutes of December 13, 1989: Commissioner Burger noted that on page 5,the last paragraph, the next to the last line should read "Planning Commission monitor this project to assure that a billboard effect is not constructed." On page 9, the next to the last paragraph should read "Commissioner Burger stated the proposed 6 ft. wall on the outside property line does not concern her and 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 there."! On page 10 the first sentence should read "Commissioner Tappan.said he had no problem with the wall and its proposed height as heis very familiar with the site." Commissioner Moran noted that on page 16, the second paragraph should read "Commissioner Moran stated that she was not in favor and expressed .... " The first paragraph on page 16 should read "Commissioner Tappan said that he would vote in favor of the variance." Commissioner Harris noted that on page 2, item 3, it should read NHR not HCRR. On page 8, in the~third paragraph from the bottom the name should read "Soude". BURGER/HARRIS MOVED TO APPROVE THE MINUTES OF DECEMBER 13, 1989 AS AMENDED. Passed 5-0; Commissioner Kolstad abstained. ORAL COMMUNICATIONS: Ms. Luann Niemann, 13217 Padero' Court, addressed the Planning Commission. She stated she has an appeal before the City Council regarding the Dymand property. She expressed concern that at no PLANNING COMMISSION MEETING Page 2 January 10, 1990 ORAL COMMUNICATIONS Continued time did anyone on the Planning Commission contact her to find out why she had a request for an access. Chairperson Siegfried responded that during that time Mr. Dymand was dealing with the staff, not the Planning Commission. The Planning Commission did not see the request until it came to a Public Hearing. Ms. Niemann also stated that she is concerned with Commissi6ner Harris' involvement with the citizen group that opposed the Niemanns. She said she had no problem with Commissioner Harris' involvement as a citizen but does have a problem with the fact that Commissioner Harris was active in.coordinating and having meetings in her home at which time the Niemanns were not included. She requested that Commissioner Harris consider her position when planning something that directly affects her neighborhood and that when soliciting information from neighbors that all information be solicited. City Attorney Toppel stated that Commissioner Harris abstained from participating as a Commissioner on this issue and he is aware of no illegalities. ~ Commissioner Harris stated that the meeting she had at her house was strictly for informational purposes. She was contacted by the applicant to see if she would personally look at the model, and she said that she did not want to lo=ok at the model and be the only neighbor that looked at it so she called all the neighbors that surrounded that property. At that point she did not know that the Niemanns were asking for an easement. The first time she became aware of that fact was at the Planning Commission meeting. Commissioner Burger said she felt it was important for the community at large to know that if an item comes before the Planning Commission and a Planning Commissioner lives within 500 ft. of an applicant the Commissioner is automatically deemed to have a possible conflict of interest and must step down on any decision that is made. REPORT OF POSTING AGENDA: Pursuant to Government Code 54954.2, the agenda for this Meeting was properly posted on January 5, 1990. Technical Corrections to Packet Material: None. PLANNING COMMISSION MEETING Page 3 January 10, 1990 PUBLIC HEARINGS CONSENT CALENDAR: 1. TR-89-193 Eubanks, 18650 Kosich Dr., appeal of an administrative decision to deny a request to remove an ordinance size protected tree per Chapter 15 of the City Code in the R-l-10,000 zone district (cont. to 1/24/90.at the request of the applicant). 2. DR-89-046 Naghavi, 20233 Seagull Way, request for design review approval ~0 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. from 12/13/89). 3. DR-89-039 Pearce, 14857 Bohlman Rd., request for design review approval for a new 7,570 sq. ft. one-story single family dwelling in the NHR zone district per Chapter 15 ofl the City Code (cont. to 1/24/89 at the request of. the applicant). 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. from 12/13/89). 5. DR-89-096 St. Andrews Parish, 13601 Saratoga Ave., request for design review'approval to construct a 2,822 sq. ft. first and second story addition to an existing mixed use facility consisting of a church, offices, parish hall, and education buildings per Chapter 15 of the City Code. The site is located in the R-i-20,000 zone district per Chapter 15 of the City Code. 6. DR-89-103 Sobey Oaks Assocfates, 14812 Gypsy Hill, request for design review approval to construct a single story 5,736 sq. ft. single family dwelling per Chapter 15 of the City Code in the R-i-40,000 zone district. 7. DR-89-026 Yam, 22010 Quarry Rd., request for design review approval to construct a two-story single family dwelling and cabana totaling 6,379 sq. ft. in the NHR zone district per Chapter 15 of the City Code. PLANNING COMMISSION MEETING Page 4 January 10, 1990 PUBLIC HEARINGS CONSENT CALENDAR Continued 8. DR-89-099 Sullivan, 13370 Pierce Rd., request for design review approval for a new 7,560 sq. ft. two-story single family dwelling in the NHR zone per Chapter 15 of the City Code. 9. DR-89-114 Ng, 20040 Bella Vista Ave., request for design review approval :to construct an 1,855 sq. ft. second story addition to an existing single story home for a total of 5,879 sq. ft. in the R-1- 40,000 zone district per Chapter 15 of the City Code. Commissioner Kolstad requested removal of Public Hearings Consent Calendar Item 2. Commissioner Moran requested removal of Public Hearings Consent Calendar Item 5. Several Commissioners requested removal of Public Hearings Consent Calendar Item 7. Commissioner Harris requested removal of Public Hearings Consent Calendar Item 8. Commissioner Tappan requested removal of Public Hearings Consent Calendar Item 9. KOLSTAD/MORAN MOVED APPROVAL OF TONSENT CALENDAR ITEMS 4 AND 6. Passed 6-0. 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 Co~e (cont. from 12/13/89). Commissioner Kolstad said he still had concerns about the compatibility with the neighborhood and requested discussion and the opinions of the other Planning Commissioners. Planning Director Emslie presented the Report to the Planning Commission dated January 10, 1990. The Public Hearing was Opened at 7:47 p.m. Mr. Amir Naghavi, 10438 Prunetree Lane, Applicant, addressed the Planning Commission. He said he feels that he has done all he PLANNING COMMISSION MEETING Page 5 January 10, 1990 PUBLIC HEARINGS CONSENT CALENDAR Continued could to satisfy the direction that the Planning Commission has given and all the changes that were requested have been implemented. TAPPAN/HARRIS MOVED THE CLOSE THE PUBLIC HEARING AT 7:50 P.M. Passed 6-0. KOLSTAD/TAPPAN MOVED TO APPROVE DR-89-046 PER THE MODEL RESOLUTION. Passed 4-2. Commissioners Harris and Moran were opposed. 5. DR-89-096 St. Andrews PariSh, 136'01 Saratoga Ave., request for design review.approval to construct a 2,822 sq. ft. first and second story addition to an existing mixed use facility consisting of a church, offices, parish hall, and'education buildings per Chapter 15 of the City C~de. The site is located in the R-i-20,000 zone district per Chapter 15 of the City Code. Commissioner Moran requested removal of this item so that she could abstain from voting due to a potential conflict of interest. TAPPAN/BURGER MOVED TO APPROVE DR-89-096 PER THE MODEL RESOLUTION. Passed 5-0. Commissioner Moran abstained. 7. DR-89-026 Yam, 22010 Quarry Rd., request for design review approval to construct a two-story single family dwelling and cabana totaling 6,379 sq. ft. in the NHR zone district per Chapter 15 of the City Code. Planning Director Emslie presented the Report to the Planning Commission dated January 10, 1990. Commissioner Burger stated she believes the home appears to be rather massive for that particular site. Commissioner Tappan stated he had the same concerns and felt the house is excessively bulky. Commissioner Moran said she is' concerned not only about the location and the boxy appearance but felt that the Planning Commission should think carefully' before approving the pool house because there is not much information available about it. She said she is reluctant to approve it at' this location before the design question is considered. The Public Hearing was opened at 7:53 p.m. PLANNING COMMISSION MEETING Page 6 January 10, 1990 PUBLIC HEARINGS CONSENT CALENDAR Continued Mr. Frank Ho, 2211 Carleton, Berkeley, designer of the project, appeared for the Applicant. He said the figures in the Staff Report reflect a set of drawings that were submitted in March 1989. Since then he has been working with the staff and the final set is a May 1989 set. Those are the numbers the staff approved. He said apparently the Staff Report does.not reflect the correct set of plans. Mr. Willem Kohler, 21842 Via Regina, addressed the Planning Commission. He said he is on r'ecord with the City Council to complain that there are so many variances given in Mt. Eden Estates. Chairperson Siegfried clarified for Mr. Kohler that there is no variance required on this application. HARRIS/TAPPAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:00 P.M. Passed 6-0. Commissioner Burger stated it is her feeling on this application that she cannot vote for approval of this home at this time. It may be within all ordinances and standards but it sits on the top of the hill and is a bulky, boxy two-story home and will be too visible. Commissioner Tappan said he has the same problems with the application and disagrees with the Staff Report. He referred to page 42 of the Report in the second to last paragraph regarding excessive bulk and said he does not agree with the statement that it has been minimized by compliance with the Design Review Handbook and think it looks institutional.: Commissioner Harris added that the continuous straight line of the roof is not broken up at all and commented on the very light color. Commissioner Moran stated she was unsure whether a study session would be the next step. She felt that the Applicant should work further with staff. Commissioner Kolstad said he is not averse to a study session but would like to see something brought to the study session. Chairperson Siegfried summarized the concerns of the Planning Commission: The house appears too bulky because of its position on the ridgeline, work has to be done on the roof, and there is concern about the colors. TAPPAN/HARRIS MOVED TO CONTINUE DR-89-026 TO FEBRUARY 14, 1990 WITH A STUDY SESSION ON JANUARY 30, 1990. PLANNING COMMISSION MEETING Page 7 January 10, 1990 PUBLIC HEARINGS CONSENT CALENDAR Continued 8. DR-89-099 Sullivan, 13370 .Pierce Rd., request for design review approval for a anew 7,560 sq. ft. two-story single family dwelling in the NHR zone per Chapter 15 of the City Code. Commissioner Harris stated her concerns are that there is no discussion in the Staff Report of:the 10 ft. side yard setback and it seems to be such a large house. She felt those issues should be discussed. She is also concerned about losing the large oak tree on the property. Planner Adar presented the Report to the Planning Commission dated January 10, 1990. Chairperson Siegfried stepped down because he lives across the street from the property. Commissioner Burger thereafter chaired the meeting. The Public Hearing was opened at 8:08 p.m.; Commissioner Tucker arrived during the Public Hearing. Mr. Richard James, representing the Applicant, addressed the Planning Commission. He addressed the concern regarding the 20 ft. side yard setback. The home is situated on the lot to take advantage of the flat area. He said moving the house further from the side yard would involve more.grading. He indicated that the Sullivans are willing to move the tennis court to save the oak tree. He said he spoke with the City Horticulturist and it was determined that moving the tennis court would not necessarily be the better option because of the 'increased amount of grading that would be required to move the tennis court. The Sullivans will do whatever is preferable, but it is,Mr. James' understanding that it was determined by the horticulturist that it would probably be better to take the tree down than to do more grading. Mr. Steve DeKetzer, 13415 Pierce Road, addressed the Planning Commission. He had an understanding that Pierce Road was to be widened about 1-1/2 ft. for the full length of the property then the widening would stop. He also expressed concern that the corner had been shaved but still needs more shaving to be able to see around the corner. Since this lot is part of a three lot parcel, he was also concerned about a large oak tree on one of the other lots that has exposed roots. Mr. Wilhelm Kohler addressed the.Planning Commission. Mr. Kohler stated he believed one of the three lots was approved under the condition that a slide in the back was going to be repaired. He PLANNING COMMISSION MEETING Page 8 January 10, 1990 PUBLIC HEARINGS CONSENT CALENDAR Continued also expressed concern about the oak tree with the exposed roots and felt there should be something done about it. He questioned whether the City Geologist approved the slide repair because he was convinced that this was the condition for building there. Planning Director Emslie said there was a slide within the subdivision boundaries. The condition of the final maps required that the subdivider repair the landslide before he recorded the final map. The landslide was not on this lot but on an adjoining lot. The landslide repair has been done in accordance with the stipulation of the City Geologist who has reviewed and inspected the repair. Mr. Ralph Saviano, 13502 Pierce Road, addressed the Planning Commission. He said he is the original subdivider of the property. Regarding Mr. DeKetzer's comments on the road widening, he stated that basically the road widening repair is between the City and him. He said they are trying to achieve visibility up Pierce Road between Surrey and the curvature. They are trying to avoid moving a few small oak trees and are doing the work a little at a time to see how it looks. The property is city-owned and not the Sullivans' property. Mr. James added that Mr. and Mrs. Sullivan have met with the owners of the home next door regarding the 20 ft. setback, and they were pleased with the plans and the proximity of their home. There is dense and mature oak screening between the two homes so they have no problem with the proximity. KOLSTAD/TAPPAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:22 P.M. Passed 6-0. In response to a question from Commissioner Moran, Planner Adar stated that the City Horticulturist reviewed the plans, and he would like to see the tree preserved. However, he was aware there may be some technical problems with the grading so he said that since there are so many large trees he does not see the removal as a major impact on the general landscaping. If it would involve major grading, he would not oppose the removal. The City Geologist did not want to see the plans at this stage since major and very extensive work was done for the subdivision and the condition required the Applicant submit the plans to the Geologist prior to building and grading permits. Commissioner Harris said she thought this item should be continued until more input could be received. She said she could not make PLANNING COMMISSION MEETING Page 9 January 10, 1990 PUBLIC HEARINGS CONSENT CALENDAR Continued a decision. The house is large and with the tennis court will have quite an impact on that section.of Pierce Road. She expressed concern about cutting down the oak tree. Commissioner Harris also said she would like a condition added that a barricade be erected to prevent any more four-wheel driving on this property. Mr. James asked on behalf of the Applicant if they could resume work on the house and hold the tennis court separate. Chairperson Burger said she felt the consensus of the Planning Commission is not to separate design review and the question of the tennis court. Commissioners Kolstad and Tappan said they would be agreeable to the Applicants' request. MORAN/HARRIS MOVED TO CONTINUE THE ENTIRE MATTER TO JANUARY 24, 1990 IN ORDER TO RECEIVE FURTHER'INFORMATION FROM THE APPLICANT. Passed 5-1; Commissioner Tappan was opposed. Chairperson Siegfried resumed chairing the meeting, 9. DR-89-114 Ng, 20040 Bella .Vista Ave., request for design review approval to construct an 1,855 sq. ft. second story addition to an existing single story home for a total of 5,879 sq. ft. in the R-1- 40,000 zone district per Chapter 15 of the City Code. Commissioner Tappan said he removed the item because, although he is not necessarily against the design, he notes that it is such a radical departure from what is. currently there. He is also bothered by mention in the Staff'Report that neither neighbor on either side of the project made any contact with staff concerning the project since it is such a departure from the California ranch character of the neighborhood. Commissioner Burger said she feels the design is inappropriate for that neighborhood. Planning Director Emslie presented the Report to the Planning Commission dated January 10, 1990. The Public Hearing was opened at 8:26 p.m. Mr. Gabriel Ng, Architect, addressed the Planning Commission. He said he spoke with staff and was informed a neighbor did call with concern about one of the windows in the upstairs bathroom. Mr. Ng PLANNING COMMISSION MEETING Page 10 January 10, 1990 PUBLIC HEARINGS CONSENT CALENDAR Continued said that the neighbor was concerned because from that window their house could be looked into. Mr. Ng stated that in order to see into the house a person would have to lean out from the building. The Applicant is willing to do some treatment for that window such a making it smaller or using obscure glass. In response to a question from Commissioner Burger regarding the nature of the guest house, Mr. Ng stated there is a bathroom and kitchen and it is an empty structure. Commissioner Tucker asked the City Attorney if the fact that the guest house has a kitchen does not it qualify as a second unit. She requested that a second unit use permit be made a condition. Mr. Ng stated that the term "kitchen" is an overstatement. There is a refrigerator in the guest house, and they think of it as a kitchen but it is really not a kitchen. There is no cooking done in the unit. He requested a definition of "kitchen". City Attorney Toppel explained that this type of situation is normally handled by a condition that says staff can look at it and if it is a second unit a permit should be obtained. If it is not, then a restriction is included that the unit shall not be used as a second unit without obtaining the proper permit. TUCKER/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 8:45 P.M. Passed 7-0. Commissioner Tappan said he removed the item because there is such a stark difference between the existing home and the plan. He expressed surprise that some neighbors did not step forward. Commissioner Burger stated that she felt this particular design is in the wrong neighborhood. She said she also felt this neighborhood is probably one of the last vestiges of rural Saratoga that people keep talking about trying to preserve. The neighborhood is almost 100% single story California ranch style homes with darker colors and set back from the street, and there are no curbs or gutters. Commissioner Burger stated that in her opinion the home is inappropriate for this particular site. She said she could not vote in favor of this design. Commissioner Harris said she agrees with Commissioner Burger. She indicated she felt the home was stark, almost cold looking, and could not envision the home in that setting. Commissioner Burger stated that although the site was not on the list of places to make a land use visit that a special trip was made because there was concern. PLANNING COMMISSION MEETING Page 11 January 10, 1990 PUBLIC HEARINGS CONSENT CALENDAR Continued Commissioner Kolstad stated he is concerned about incompatibility with the neighborhood. Commissioner Tappan said he is very familiar with that street which is a very quiet rural California ranch environment. He stated he agrees with Commissioner Burger ahd could not vote for the design. KOLSTAD/HARRIS MOVED DENIAL OF DR-'89-114 WITHOUT PREJUDICE. Passed 7-0. PUBLIC HEARINGS 10. 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% ~lope under the building site. where 30% is the maximum allowed (cont. from 12/13/89). Commissioner Moran reported on the land use visit. Planning Director Emslie presented the Report to the Planning Commission dated January 10, 1990.. The Public Hearing was opened at 8:52 p.m. Mr. Lou Dorsich, Architect, appeared for the Applicant. He said he has met with staff and Mr. Kenhedy to assess the impact on the rear deck of Mr. Kennedy's property. TAPPAN/HARRIS MOVED TO CLOSE THE PUBLIC HEARING AT 8:55 P.M. Passed 7-0. TAPPAN/BURGER MOVED TO APPROVE DR188-064 PER THE MODEL RESOLUTION. Passed 7-0. MORAN/BURGER MOVED TO APPROVE V-89-045 PER THE MODEL RESOLUTION. Passed 7-0. 11. DR-89-106 Guilardi, 15410 Pepper Ln., request for design review approval to construct a 419 sq. ft. first floor and a 1,949:sq. ft. second floor addition to an existing one story home for a total floor area of 6,931 sq. ft. in the R-i-40,000 zone district per Chapter 15 of. the City Code. Commissioner Moran reported on the land use visit. PLANNING COMMISSION MEETING Page 12 January 10, 1990 PUBLIC HEARINGS Continued Planning Director Emslie presented the Report to the Planning Commission dated January 10, 1990. The Public Hearing was opened at 8:57 p.m. Mr. Warren Held, Architect, appeared for the Applicant. He indicated that he and the owner agree with the Staff Report and feel that the information is accurate and the conditions are basically acceptable. He explained in detail how the plans evolved. He indicated that, after studying the property from many views, if the home is placed in the center of the property there would be appropriate setbacks. The porte-cochere was added for convenience and to complement the one story. The new ridge would only be 7 ft. higher than the existing ridge. The wall across the front at the second floor is behind the sloping roof and softens from the street. The second floor has two bathrooms that face Pepper Lane. The front is complemented with the multi-sided master bedroom and would be the only area that might invade other people's property. However there are about 155 to 160 feet, plus the distance the master bedroom sets.back (nearly 200 feet) from the front of one house to the front of the next. The Applicants do not feel the neighbors will have their privacy invaded any more than they would. As far as south exposure is concerned there is approximately 100 ft. to the home to the south from the property line and another 90 ft. to the garage so again there is quite a bit of distance there. Ms. Mari Lynne Earls, 15370 Pepper Lane, addressed the Planning Commission. She stated she has not been able to view any plans of the house. Ms. Earls viewed the plans at this time. Ms. Jane Gold, 15015 Pepper .Lane, addressed the Planning Commission. She said she feels ~he second story home interferes with her privacy. The windows from the second story would look directly onto her porch and into her living room. The natural landscape would be changed, and she would be seeing the entire house from her living room. She considers the house to be excessively bulky. She also feels the portico is not consistent or compatible with other homes in the area. She indicated the Applicant has not asked the feelings of any of the neighbors. She stated the pepper trees are vulnerable to frost and she cannot depend on those being there for any length of time. Ms. Pamela Lavin, 15450 Pepper Lane, addressed the Planning Commission. Her property is higher and she is concerned about having the full end of the second story visible from her front windows. She understands there will also be a back deck on the PLANNING COMMISSION MEETING Page 13 January 10, 1990 PUBLIC HEARINGS Continued second story and whoever is out there will be able to look onto her property and probably the adjacent property. She was concerned about the fact the house will be a bulky, high house and about the precedent which will be set if this home is allowed to be built. She also had concerns about the aesthetics of the house. After viewing the plans, Ms. Earls stated the placement of the deck is not as bad as she feared. She is, however, concerned because she is uphill and her first floor is lower than the Applicant's first floor. There are no significant trees along the property line and the only thing that keeps the privacy between the two properties are hedges trimmed to 'a 7 ft. level. She is concerned that she will lose privacy in the swimming pool area. Mr. Heid addressed the neighbors'.comments. He responded that the Applicant has tried to be aware of the concerns for privacy for the both the Applicant and the neighbors. He circulated pictures taken from the roof indicating the exposure from all angles. BURGER/TUCKER MOVED TO CLOSE THE PUBLIC HEARING AT 9:26 P.M. Passed 7-0. Commissioner Burger stated that the Planning Commission is dealing with a large lot with extremely large setbacks. The home enjoys a tremendous amount of setbacks and, in her opinion, the design attempts to be sensitive to all of the neighbors. She has little problem with the proposal but would perhaps personally appreciate it more if it did not have the porte-cochere in the front. Commissioner Tucker concurred with Commissioner Burger's comments. She said she felt some sort of lattice work might soften the effect and keep it more in a rural setting. She expressed concern that the application is almost to the maximum and yet there is a second unit in the back that has a carport and not an enclosed garage. She would like to see the carport enclosed and the adjustments made because problems might occur in the future. Her other concern is that in condition 7 a caretaker's unit is discussed. She felt that if there is no mention in the ordinance of a caretaker's unit it should be referred to as a second unit. Commissioner Moran agreed with the comments about the covered area for the car. She said she is not in favor of keeping the carport or the circular driveway. Commissioner Kolstad indicated that after visiting the site the privacy and setbacks did not have as much impact as some of the neighbors indicated. He said he did not know if the portico is PLANNING COMMISSION MEETING Page 14 January 10, 1990 PUBLIC HEARINGS Continued appropriate. The major issue is ~hat the second story appears to have a long line to it and tends to be a bit imposing. He indicated that might be what the neighbors are concerned about. Chairperson Siegfried said he was'not too concerned about the home and in looking at the plans again he felt that with 80 ft. setbacks on each side and then 30+ ft.' for the master bedroom those concerns are well addressed. 'He said he did not have any particular problem with the circular driveway. Commissioner Harris stated she is not concerned about the circular driveway. She said that Commissioner Tucker's comments about enclosing the carport to make a garage for the second unit is well taken, and there would need to be some square footage adjustment so that a variance would not be needed on the square footage. Planning Director Emslie stated that staff is suggesting additional landscaping be added as a condition and acknowledges the concern of the adjoining neighbor. It was the consensus of the CommiSsion that the Applicant address the porte-cochere and the adjustment for the garage. MORAN/HARRIS MOVED TO CONTINUE DR-89-106 TO JANUARY 24, 1990. Passed 7-0. Break 9:35 p.m. - 9:50 p.m. 12. V-89-042 Hornung, 18651 Perego Way, request for variance approval to reduce the required 10 ft. side yard setback to about 6 ft. in order to construct a room addition to an existing home in the R-l-10,000 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 January 10, 1990o He reported that this is a nonconforming lot and corrected the Staff Report to indicate the side yard setback is 7 ft. not 10 ft. The Public Hearing was opened at 9:51 p.m. Mr. Jeff Hornung, 18651 Perego Way, Applicant, addressed the Planning Commission. He agreed with the Staff Report and stated he is willing to compromise on the conditions of the Report. PLANNING COMMISSION MEETING Page 15 January 10, 1990 PUBLIC HEARINGS Continued The property owner to the west ~of the Applicant addressed the Planning Commission. He objected to the setback and the design plans. He distributed and reviewed a handout for the Commission. His concerns also included the chimney, the skylight and the fact that the kitchen of the Hornung~ home would be so close to the bedroom of his home. He said he felt the enhancements to the Applicant's home are being done to the expense of his home. Mr. Harold Unger, 18670 Harley2 Drive, addressed the Planning CommissiOn. He objected to the request to reduce the 10 ft. setback. BURGER/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 10:08 P.M. Passed 7-0. Commissioner Kolstad stated he had no problems with the application. Commissioner Harris expressed her concerns regarding the reorientation of the kitchen. Commissioner Burger said she was concerned that the existing problem is being compounded and, in her view, the compounding consists of increasing a nonconforming setback by allowing an addition. Chairperson Siegfried stated he did not feel there was any significant impact on the property° Commissioner Tucker expressed concern about the family room being put right next to the back yard and felt that the family room and dining room positions could be switched. Commissioner Tappan said he had n0 problems with the application. Commissioner Moran stated she felt some compromise might be possible and suggested taking out both window extensions. She also thought perhaps something could be done with windows in the back which would protect the privacy of the neighbors. Commissioner Burger expressed concern that whatever the Planning Commission does with this application would be the wrong thing. If the Applicant chooses to build'the family room and move it back 1 ft., he would not have to request a variance and does not have to appear before the Planning Commission° She felt that would not be any better than the present proposal. PLANNING COMMISSION MEETING Page 16 January 10, 1990 PUBLIC HEARINGS Continued MORAN/HARRIS MOVED TO DENY V-89-042 WITHOUT PREJUDICE. Motion passed by roll call vote 4-3; Chairman Siegfried and Commissioners Kolstad and Tappan opposed. 13. DR-89-100 Briggs, 20540 Komina Ave., request for design review approval for a two-story addition to an existing one-story single family dwelling in the R-l-10,000 zone district. The total proposed floor area including proposed detached garage is 3,002 sqo ft. Commissioner Burger reported on the land use visit. Planner Adar presented the Report to the Planning Commission dated January 10, 1990. A correction was made to the Staff Report under Technical Information. The rear yard setbacks are 71 ft. not 7 ft. Another issue that arose after the Staff Report was written was regarding dedication required for'Komina Avenue. The City Engineer determined after reconsidering the issue that he would like to have a 5 ft. dedication for Komina Avenue. Even though it does not look like the street will be widened in the near future, the City Engineer feels there may be some issues because of parking for the school and the tennis club. That'will deduct 285 sq. ft. from the size of the lot and will reduce ~he allowable floor area to 2,880 and will bring the proposed floor area 122 sq. ft. above the allowable. Chairperson Siegfried noted that .staff is recommending continuing this item to a Study Session on the issues of reduction of height, possible changes in roofline, use of glass, and a sunlight study. The Public Hearing was opened at .10:24 p.m. Mr. Scott Cunningham, 14375 Saratoga Avenue, appeared for the Applicant. He reported that the issue of the 5 ft. street dedication had been discussed previously, and he had understood that was not going to be required and requested he be allowed to re-review that issue. Regarding the issue of bulk, Mr. Cunningham indicated that the issue stated in the Staff Report pertains to the substandard conditions of the adjacent properties and the Report refers to the bulk based on those properties being close to the setback. He said the Applicant is working to maintain the required setback, and it is frustrating to be penalized for the condition of the adjacent properties. Privacy is another issue that has been raised, and he said that Mr. Briggs is not opposed to the obscure windows. There is, however, a concern that staff is suggesting that the windows be fixed. From a ventilation standpoint the PLANNING COMMISSION MEETING Page 17 January 10, 1990 PUBLIC HEARINGS Continued Applicant would prefer that the windows not be fixed in those locations. Mr. Cunningham discussed the sunlight issue by using an illustration. Mr. and Mrs. Jack Cook, 20550 Komina Avenue, addressed the Planning Commission. Mr. Cook expressed concerns regarding excessive bulk and compatibility in bulk and height with surrounding structures. He also expressed concern that the plan indicates his garage is closer to the street than it actually is. The back end of the proposed addition would be at 'the front of his garage. He indicated that the tree indicated on the plan as a 24 in. walnut is actually a locust tree. He requested that a provision be made for screening. Mrs. Cook indicated she is unhappy to have a two- story house next to their house. 'It overshadows their living area and patio. Mr. Bruce Briggs, Applicant, addressed the Planning Commission and indicated he has a serious question with the Staff Report. He stated the setback is listed as 15 ft. The topographical map done by the civil engineer indicates it is 15 ft. from the front of the home to the existing low fence at which point the property extends out to the center of the street line where there is an easement for the paving. From the front of the fence to the street is about 9 ft. He also stated that the entire home, including the second story, will be well surrounded by existing trees. TAPPAN/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 10:43 P.M. Passed 7-0. Commissioner Tappan stated he agrees with the Staff Report. He said he knows the neighborhood Very well and said he felt the Planning Commission should take a better look at the application. He also said he is not sure he wants to see a second story house on Komina. Commissioner Burger said she is concerned about the second story and asked if there was any thought given to making the addition a one story addition. Commissioner Tucker stated that a two-story house would give the perception of bulk because the homes are so close together. Chairperson Siegfried said he is not necessarily opposed to a second story but his sense is that a second story in this type of neighborhood would be something tucked in the roofline which would not stand out. PLANNING COMMISSION MEETING Page 18 January 10, 1990 PUBLIC HEARINGS Continued ' TAPPAN/BURGER MOVED TO CONTINUE DR-89-100 TO JANUARY 24, 1990 WITH A STUDY SESSION ON JANUARY 16, 1990. Passed 7-0. 14. DR-89~115 Nishimura, 19956.Baroni Ct., request for design V-89-041 review approval for a new 2,520 sq. ft. two-story single family dwelling which encroaches into a required front yard per Chapter 15 of the City Code. The parcel'is located within the R-i-20,000 zone district and'is nonconforming in width, depth, and area, and includes a large Santa Clara Valley Water District easement across the rear. Commissioner Burger reported on the land use visit. Planning Director Emslie presented the Report to the Planning Commission dated January 10, 1990. The Public Hearing was opened at 10:51 p.m. Mr. Nishimura, Applicant, addressed the Planning Commission. He reported that the house he plans'to build is consistent with the surrounding neighborhood, and he 'believes the size of the home is reasonable. BURGER/KOLSTAD MOVED TO CLOSE THE PUBLIC HEARING AT 10:54 P.M. Passed 7-0. Commissioner Tucker suggested that if the balcony off the back were eliminated the house could be moved back 5 ft. and would be in compliance. The Applicant stated that according to the Santa Clara Valley Water District, he has to stay within the existing foundations. Commissioner Burger said she is 2concerned about the size of the home. She indicated that a house between 1,500 and 1,800 sq. ft. would be appropriate for the lot.. Chairperson Siegfried stated he is not concerned about the square footage even though he feels it is a fairly large home for the size of the lot. He said he thought perhaps the home could be lowered a few feet without modifying the design significantly. Commissioner Moran also stated sh'e felt the house was too big for the lot. She said she agrees with Commissioner Burger regarding the suggested size of the house. Commissioner Tappan said he has no problems with the proposal. PLANNING COMMISSION MEETING Page 19 January 10, 1990 PUBLIC HEARINGS Continued Commissioner Tucker agreed with .the reduction in size and would like to have the house pushed back so a variance would not be needed. Commissioner Kolstad stated he had no problem with the proposal although he would like to see it reduced in height. Commissioner Harris concurred with the comments made regarding the size. BURGER/TUCKER MOVED TO CONTINUE DR-89-115 AND V-89-041 TO FEBRUARY 14, 1990 WITH A STUDY SESSION ON FEBRUARY 6, 1990. Passed 15. V~89-044 Bailey, 12861 Foothill Lno, request for variance approval to allow an approximately 17 ft. tall detached garage in the R-i-40,000 zone district. Chapter 15, Sec. 12-100 of the City Code limits detached accessor.y structures to a maximum height of 12 ft. Planner Adar presented the Report to the Planning Commission dated January 10, 1990. The Public Hearing was opened at 11:05 p.m. Ms. Jennifer Wilhelm, Designer, addressed the Planning Commission. She said there is a reason why the roof is oddly pitched, which would be explained by the Applicant. Mr. Jim Bailey, Applicant, explained that the home was designed with approval of the City and is a solar home. The latitude requires a fairly steep angle to gain optimum sunshine. The garage is located to sit on the property and is rotated to make the roof match the roof of the solar house.. Ms. Wilhelm indicated that the ~garage is moved away from the existing main house and is moved forward to the front of the property. They have rotated the entrance to the garage by 90 degrees. The entrance of the garage now faces the existing house. MORAN/HARRIS MOVED TO CLOSE TH~ PUBLIC HEARING AT 11:11 P.M. Passed 7-0. MORAN/HARRIS MOVED TO APPROVE V-89-044 PER THE MODEL RESOLUTION. Passed 7-0. PLANNING COMMISSION MEETING Page 20 January 10, 1990 PUBLIC HEARINGS Continued 16. 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 in the NHR zone district per Chapter 15 of the City Code (cont. from 11/8/89) The Public Hearing was opened at '11:12 p.m. The Applicant was not present nor was he represented. HARRIS/BURGER MOVED TO CLOSED THE PUBLIC HEARING AT 11:12 P.M. Passed 7-0. TAPPAN/HARRIS MOVED TO CONTINUE .DR-89-079 TO FEBRUARY 28, 1990. Passed 7-0. DIRECTOR' S ITEMS 1. Upcoming planning applications and projects. COMMISSION ITEMS COMMUNICATIONS Written 1. Heritage Preservation minutes from 11/15/89. Oral ADJOURNMENT The meeting of the Planning Commission was adjourned at 11:15 p.m. Respectfully submitted, Rebecca Cuffman