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HomeMy WebLinkAbout02-14-1990 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: February 14, 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, Moran, Tappan, and Tucker. Pledge of Allegiance: Approval of Minutes: Minutes of January 24, 1990: Chairperson Siegfried noted that on page 11 the motion for item 12 should be revised to read "...If at any time the Applicant wishes to have dogs boarded or cared for the permit will revert back to the present conditions..." Chairperson Siegfried also requested that the following paragraph be inserted on page 14 prior to. the motion for item 13: "The Planning Commission directed that staff prepare correspondence to the City Council requesting consideration of a left turn lane at Titus Avenue for certain peak hours." MORAN/BURGER MOVED TO APPROVE THE MINUTES OF JANUARY 24, 1990 AS AMENDED. Passed 5-0; Commissioners Harris and Kolstad abstaining. ORAL COMMUNICATIONS: None, REPORT OF POSTING AGENDA: Pursuant to Government Code 54954.2, the agenda for this Meeting was properly posted on February 9, 1990. Technical Corrections to Packet Material: None. PLANNING COMMISSION MEETING Page 2 February 14, 1990 PUBLIC HEARINGS CONSENT CALENDAR:. 1. 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 (cont. to 2/28/90). 2. DR-89-127 Olsen/King, 13850'Saratoga Ave., request for design review approval to construct a two-story, 3,865 sq. ft. single family. dwelling in the R-i-20,000 zone district per Chapter 15 of the City Code. 3. DR-89-119 Oakley, 20840 Beauchamps Ln., request for design review approval to construct a new 4,587 sq. ft. single story residence in the NHR zone district per Chapter 15 of the' City Code. 4. 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 sq. ft. (cont. from 1/24/90). A member of the audience requested removal of Public Hearings Consent Calendar Item 2. A member of the audience requested removal of Public Hearings Consent Calendar Item 4. BURGER/HARRIS MOVED APPROVAL OF CONSENT CALENDAR ITEM 3. 2. DR-89-127 Olsen/King, 13850'Saratoga Ave., request for design review approval to construct a two-story, 3,865 sq. ft. single family dwelling in the R-i-20,000 zone district per Chapter 15 of the City Code. Planning Director Emslie presented the Report to the Planning Commission dated February 14, 1990. The Public Hearing was opened at '7:43 p.m. Mr. Scott Cunningham, 14375 Saratgga Ave., Designer, addressed the Planning Commission on behalf of the Applicant. Mr. Cunningham stated that the Applicant concurs with staff's conclusions on the project. PLANNING COMMISSION MEETING Page 3 February 14, 1990 PUBLIC HEARINGS CONSENT CALENDAR 'Continued Chairperson Siegfried noted that letters were received from Janet Brown, 13846 Saratoga Ave., indicating she would prefer a single- story home; Mary McCready, 13840 Saratoga Ave; and Mary and David O'Connor. Mr. David O'Connor, 13818 Saratoga Avenue, addressed the Planning Commission. Mr. O'Connor noted that in October a similar application was before the Planning Commission to review a two- story residence on the adjacent lot and many of the Commissioners visited the site and unanimously voted to restrict that lot to one story. He requested the decision on this property be consistent with the previous decision. HARRIS/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 7:50 P.M. Passed 7-0. Commissioner Harris stated that in view of the fact the lot is so narrow it seems that the house is sensitively designed. Since the second story portion is only over~by 600 sq. ft., she does not feel it would be impactful. She also stated that since the lot is so narrow there would be more sprawl if the house is all on one story. Commissioner Tappan commented that he is familiar with these properties and recalled the two-lot subdivision across the common driveway is very sparsely vegetated. He agreed with the Staff Report and Commissioner Harris' comments that the house is sensitively designed. The lot' is very mature with existing ordinance size trees which soften the impact of the home. He also agreed with a neighbor who indicated that any improvement over what already exists on the property would be an improvement. He stated he is in favor of the proposal. = Commissioner Burger stated the Land Use Committee visited the lot and her comments would reflect' both Commissioner Harris' and Commissioner Tappan's comments. HARRIS/TAPPANMOVED TO APPROVE DR-89-127 PER THE MODEL RESOLUTION. Passed 7-0~ 4. 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 sq. ft. (cont. from 1/24/90). PLANNING COMMISSION MEETING Page 4 February 14, 1990 PUBLIC HEARINGS CONSENT CALENDAR Continued Planning Director Emslie presented the Report to the Planning Commission dated February 14, 19~0. The Public Hearing was opened at 7:51 p.m. Mr. Scott Cunningham, 14375 saratoga Ave., Designer, addressed the Planning Commission on behalf of the Applicant. He said a number of the concerns expressed at the Study Session were incorporated in the plans. Mr. Jack Cook, 20550 Komina Avenue, addressed the Planning Commission. He said he is still opposed to the structure as it is still a two story structure and too much of a billboard effect exists. Mr. Cunningham commented that'the eave height was lowered approximately 3-1/2 feet. He said the Applicant received feedback at the Study Session that if the.issues of height, bulk and mass could be worked with the two-story would be more acceptable than removal of trees on the site. He indicated if there is some way to deal with Mr. Cook's concerns the Applicant would be happy to work with him. HARRIS/TUCKER MOVED TO CLOSE THE PUBLIC HEARING AT 7:59 P.M. Passed 7-0. Commissioner Tappan indicated the. present plans are an improvement over the previous plans. BURGER/KOLSTAD MOVED TO APPROVE DR-89-100 PER THE MODEL RESOLUTION. Passed 7-0. PUBLIC HEARINGS: 5. 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 (public hearing closed 1/24/90). Chairperson Siegfried noted there was a tie vote on this item at the last meeting. Commissioner Tucker indicated that she would be .changing her vote from the last meeting because at.the last Public Hearing she did not have a chance to view the site. After viewing the site, she PLANNING COMMISSION MEETING Page 5 February 14, 1990 PUBLIC HEARINGS Continued agrees with some of the other Commissioners that the wall is too stark. She said she is viewing this as a new application and in studying it from that point of view she would not approve it as it is. In response to a question from Commissioner Kolstad, Planning Director Emslie reviewed the proposal. The Public Hearing was reopened at 8:04 p.m. Mr. Brian Pool, 20334 Thelma Ave., addressed the Planning Commission. Mr. Pool reviewed the application in detail. He indicated the Applicant does not. like the sheer wall either but they were forced to do that because they were attempting to comply with other laws regarding a motor home which was parked in front of the house. The Applicant could not get the motor home past the eaves if there was overhang. Mr. Michael Berry, 20333 Thelma Ave., addressed the Planning Commission. Mr. Berry said he too opposes the sheer wall but he is in favor of the second story. BURGER/TAPPAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:14 P.M. Passed 7-0. : Commissioner Burger expressed concern that a one story home was approved but part of the application is for a second story. She said she will not be voting for the application for that reason. KOLSTAD/TAPPAN MOVED TO APPROVE DR-88-102 PER THE MODEL RESOLUTION. The motion was denied without prejudice on the following roll call vote: AYES: Commissioners Tappan', Kolstad and Siegfried NOES: Commissioners Burger, Harris, Moran and Tucker 6. 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 (cont. from 12/13/89). Planning Director Emslie presented the Report to the Planning Commission dated February 14, 1990. PLANNING COMMISSION MEETING Page 6 February 14, 1990 PUBLIC HEARINGS Continued The Public Hearing was opened at 8:16 p.m. Mr. Michael Helm, 200 Seventh= Ave., Santa Cruz, Architect, addressed the Planning Commission. on behalf of the Applicant. He said the structure was reduced in mass and bulk to conform with the allowable square footage. Mr..Helm indicated the cabana was designed to shield an existing san Jose Water tank on the property next door. In response to a question from .Chairperson Siegfried, Planning Director Emslie indicated the cabana would have to be open on three sides in order for it not to be counted. Mr. Sheldon Blum, Applicant, addressed the Planning Commission. He pointed out that his property is the only one affected by the water tank and is in view of the only open space he has for recreational use. He said he had no alternative other than the cabana to mitigate the problem. Mr. Blum pointed out that the two adjacent neighbors were agreeableto his design. The cabana does not affect anyone's views, it does not offend anyone and does not involve any form of invasion of privacy. Ms. Lynn Sprague, 14605 Bougainvillea Court, addressed the Planning Commission. She said the house cannot be seen from her property but her property is impacted by everything that goes on in the hills. She said she is concerned about the precedent a variance would set. The house is very large and bulky. She said the Applicant knew the water tank was there when he purchased the property, and if he wants to put a structure in front of it he should be willing to sacrifice something else in order to be able to construct the cabana. BURGER/TAPPAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:20 P.M. Passed 7-0. Commissioner Tappan stated he is sensitive to the Applicant as the water tank is an eyesore and understands the Applicant's desire for wanting to put something between his property and the water tank. Commissioner Burger indicated that the cabana is not the problem but felt square footage of the house should be under control as the house is massive and bulky. She said she reviewed the findings the Pl.anning Commission is required to make by the State in order to allow the variance and she cannot in good conscience make those findings. Commissioner Burger said she would be in favor of approval with one solid back wall on' the cabana to eliminate the view towards the water tank a~d a small enclosure for a bathroom. PLANNING COMMISSION MEETING Page 7 February 14, 1990 PUBLIC HEARINGS Continued Commissioner Tappan said he had no trouble with stipulating some kind of a structure with three open sides and a back wall to shield the water tank and something other than a traditional roof and would have no trouble voting in favor of the design review. Commissioner Moran clarified that~ the Applicant is free to reduce the size of the main structure and then go with the full cabana as is currently proposed. She said she is unable to make findings for a variance on this site and indicated she is appreciative of the Applicant's willingness to work. with the staff and with the Planning Commission in trying to get the project to a more manageable size. Commissioner Moran expressed concern about the precedent of granting a variance in this case and is unable to vote for that but said she would support the staff recommendation for the design review. BURGER/HARRIS MOVED TO APPROVE DR-89-088 PER THE MODEL RESOLUTION. Passed 7-0. BURGER/TUCKER MOVED TO DENY V-89-022 PER THE MODEL RESOLUTION. Passed 7-0. 7. DR-89-115 Nishimura, 19956 Baroni Cto, request for design V-89-041 review approval to demolish an existing home and construct a new 2,429 sq. ft. two-story home pursuant to 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 along the back property line. Variance approval is also requested to allow the home to encroach 8 ft. into a required front yard setback. This application was continued from the 1/10/90 public hearing to allow the applicant to submit a revised proposal. Planning Director Emslie presented the Report to the Planning Commission dated February 14, 1990. The Public Hearing was opened at 8:38 p.m. The Applicant was present and did not wish to address the Planning Commission. Ms. Paula Wallace, 19978 Baroni Court, addressed the Planning Commission. She expressed several concerns relative to privacy and safety. She is concerned that the two-story home will be looking down on her property. Ms. Wallace also expressed concern that the PLANNING COMMISSION MEETING Page 8 February 14, 1990 PUBLIC HEARINGS Continued variance will affect street parking which may cause problems for people, especially emergency vehicles, to turn around on the cul de sac. Planning Director Emslie pointed'out that the proposal maintains the same front setback as the existing house. Ms. Wallace also expressed concern regarding how the house might impact any type of flooding that could occur and if the structure could cause the water to back up onto her property. She also indicated she feels the house is .too large for the lot size. BURGER/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:44 P.M. Passed 7-0. Commissioner Kolstad addressed Ms. Wallace's concerns regarding the privacy issue. He pointed out that if she is to left side there is a large driveway between the two properties. He indicated he is in favor of the proposal as it stands. Commissioner Burger indicated she has some problems with the proposal. She pointed out that the site is very minimal and even though it is a lot of record and 'there are two small lots next to it, her concern is what will happen when all three of those lots are built up. The area may end up with three homes of 2,400 sq. ft. in a row. commissioner Burger said she realizes the living space is minimal at 2,000 sq. ft.. but there is not enough land to handle a larger home. Commissioner Moran stated she too is concerned about overbuilding in the area. She also expressed concern that the bathrooms overlook Ms. Wallace's property a~d suggested obscure glass for the windows. Commissioner Tucker said she is concerned that the house is too bulky for this piece of property, the house next door is very close and the street is very narrow and also expressed concern about overbuilding by allowing the structure to be closer to the street than is required by the Code. Chairperson Siegfried stated he is in favor of the structure. Even though there is a Water District easement, the property is still there and it will still look like a 6,700 sq. ft. lot. He said he thought-the house was nicely designed even though he felt it could have been brought down a few hundred feet. PLANNING COMMISSION MEETING Page 9 February 14, 1990 PUBLIC HEARINGS Continued Commissioner Moran indicated she is concerned about landscaping and would be interested in having some landscaping concentrated where the houses are so close together. TAPPAN/KOLSTAD MOVED TO APPROVE V-89-041 PER THE MODEL RESOLUTION. Passed 4-3; Commissioners Burger, Harris and Tucker dissenting. TAPPAN/KOLSTAD MOVED TO APPROVE DR-89-115 PER THE MODEL RESOLUTION WITH CONDITIONS TO PROVIDE OPAQUE GLASS IN THE BATHROOMS AND TO PROVIDE LANDSCAPING. Passed 4-3; Commissioners Burger, Harris and Tucker dissenting. 8. V-90-001 Lacroute, 12832. Star Ridge Ct., request for variance approval to construct a 6 ft. high fence and waive the restriction on area enclosure to encompass an area greater than 4,000 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 February 14, 1990. The Public Hearing was opened atS:50 p.m. Ms. Ronni Lacroute, Applicant, addressed the Planning Commission. Ms. Lacroute reviewed a letter she submitted dated January 2, 1990 explaining her proposal. She indicated the fence is required to allow the Applicant to remove the wire mesh cages from the trees in the orchard in order to allow them to be pruned. She explained that the timing is critical and the trees cannot be left unprotected after removal of the wire cages because of the deer population. Ms. Lacroute indicated other orchards in the area are fenced. She distributed copies of the landscape design and reviewed the proposal for landscaping. She said she met with the neighbors and they all felt there would be an improvement over what is existing. Ms. Lacroute indicated they plan to conform to the anticipated fencing standards as much as possible. If after the City Council reviews the issue other standards are adopted the Applicant is willing to accept a'condition that they will conform to those standards. She requested that they be allowed to meet their pressing horticulture needs. In response to a question from COmmissioner Burger, Ms. Lacroute indicated an area will be left open on all sides of the property in order for animals to pass through. Ms. Ingrid Sywak, 12860 Star Ridge Court, addressed the Planning Commission. She stated she is in support of the Lacroutes' request for a variance as it will beautify the neighborhood. She said PLANNING COMMISSION MEETING Page 10 February 14, 1990 PUBLIC HEARINGS Continued that because of the deer adequate fencing is required in order to provide landscaping. The landscape designer from Design Focus Landscapes, 20465 Saratoga-Los Gatos Road, addressed the Planning Commission. He said he has been involved with the Lacroutes in the capacity of landscape design and horticulture consulting. He reiterated the Lacroutes' need for the fence. BURGER/HARRIS MOVED TO CLOSE THE PUBLIC HEARING AT 9:09 P.M. Passed 7-0. In response to a question from Chairperson Siegfried, City Attorney Toppel responded that the Code would allow a variance with conditions or subject to a period of time. A condition could be included where the variance would be reapplied for and reapproved under new regulations. Commissioner Burger stated she would be willing to consider the proposal with the conditions. She said she is concerned about enclosing the hillsides and it bothers her that people refer to the deer as problems. Commissioner Tucker questioned whether a temporary open wire fence could be approved since the wrought iron fence would be a great expense to the Applicant. This was not acceptable to the Applicant. Commissioner Harris said she believed she could make a variance finding on the basis that the visibility of the fence from public streets will be reduced by landscaping. Commissioner Kolstad indicated he would be in favor of expanding the sizes of the existing enclosures around the trees. He also indicated he would like to see a limitation on the variance of one year. Commissioner Moran stated she agrees with the staff recommendation. She said she is in sympathy with what the Applicants are saying but the Planning Commission should not jump into this at this time. She would be in favor of denying the application at this time. Chairperson Siegfried said he had no problem with a "temporary" variance conditioned upon the City Council's decision. It should be made clear to the Applicant that if the City Council does not approve the fencing provisions it would be the Applicant's risk. PLANNING COMMISSION MEETING Page 11 February 14, 1990 PUBLIC HEARINGS Continued HARRIS/BURGER MOVED TO APPROVE ~-90-001 WITH THE CONDITION THAT THE VARIANCE IS GRANTED FOR A ONE YEAR PERIOD OR UNTIL THE FENCE CONFLICTS WITH ADOPTED CITY STANDARDS, WHICHEVER FIRST OCCURS, AND THAT THE VISIBILITY OF THE FENCE WILL BE SUBSTANTIALLY REDUCED BY THE LANDSCAPING AS PROPOSED. Passed 6-1; Commissioner Moran dissenting. Break 9:20 p.m. - 9:30 p.m. 9. V-89-035 Gill, 13935 Saratoga Ave., request for variance approval to reduce the required rear yard setback of 45 ft. to 37 ft. to facilitate construction of an addition to an existing home in the R-i-20,000 zone district per Chapter 15 of the City Code (cont. from 1/24/90). Chairperson Siegfried indicated that a letter was received from Maximiilan Artuzzi, 19945 Herriman Ave., opposing the variance request. Planning Director .Emslie presented the Report to the Planning Commission dated February 14, 1990o Commissioner Moran reported on the land use visit. The Public Hearing was opened at 9:33 p.m. Mr. Charles Gill, Applicant, addressed the Planning Commission. He indicated that when he decided to do the addition it was his understanding that it was a one story addition to the existing first story but happens to be at the structure that extends out over to the hill so the foundation is considered to be a basement to him. He said he believes 'that is a technicality but an important one at this point. Mr. Gill pointed out that the rear property line is a diagonal and there is only a small portion of the proposed project that extends into the area that requires the variance. He said he was not aware that anyone had written indicating disapproval to the request for a variance. He said his plans could be modified to go clear to the setback line in order to get the needed square footage. He said he chose not to do that hoping that the variance request would be approved and because that would keep his home further from.the neighbor's house. He said he intended in his plan to stay the farthest distance from the neighboring houses and he does view this as a one-story addition. PLANNING COMMISSION MEETING Page 12 February 14, 1990 PUBLIC HEARINGS Continued Mr. Max Artuzzi, 19945 Herriman Ave., addressed the Planning Commission. He stated his opposition as the house sits on a hill above his back yard and reduces the privacy in his back yard. He said he believes the house is a two-story house. BURGER/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 9:42 P.M. Passed 7-0. Commissioner Tappan recalled a previous application of a neighbor and wondered if it was appropriate for the Applicant to discuss this with Mr. Artuzzi and try to work out a compromise. He said he is sympathetic to the Applicant's point that he does not observe this as a two-story addition. Commissioner Burger indicated she would be able to make the variance findings because there are exceptional physical circumstances that exist on the lot in terms of the configuration of the land. BURGER/KOLSTAD MOVED TO APPROVE ~-89-035 MAKING THE FINDINGS THAT IN THIS PARTICULAR CASE THE SUGGESTED ALTERNATIVE OF GOING OUT TO THE SIDE IMPACTS NEIGHBORS AND .THE NEIGHBORHOOD MORE THAN THE CURRENT PROPOSAL AND ALSO MAKING THE FINDINGS THAT THERE ARE EXCEPTIONAL CIRCUMSTANCES THAT =EXIST ON THIS LOT DUE TO ITS TOPOGRAPHY WHICH LIMITS THE ADDITION TO THE AREA IN WHICH IT IS PROPOSED. Passed 6-1; Commissioner Harris dissenting. 10. 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 (cont. from 1/24/90). Planning Director Emslie presented the Report to the Planning Commission dated February 14, 1990. The Public Hearing was opened at .9:47 p.m. Chairperson Siegfried noted a letter which was received from Mr. and Mrs. Gould objecting to the porte-cochere and expressing other concerns. Mr. Warren Heid, Architect, addressed the Planning Commission on behalf of the Applicant. He expressed that the Applicant is interested in doing some landscaping but did not specify an exact. PLANNING COMMISSION MEETING Page 13 February 14, 1990 PUBLIC HEARINGS Continued location. The Applicant agrees that trees should be planted prior to occupancy and wishes to have the right to landscape in keeping with appropriate views. Mr. Heid suggested that item 9 be amended to indicate that the Applicant is willing to plant evergreen trees and any type of tree that will afford screening and shielding both for himself and his neighbors. However, the Applicant would like the opportunity to have the discretion of locating those trees during construction. Mr. Heid indicated he was surprised to find item 8, regarding the porte-cochere, in the Resolution. He said a porte-cochere can be built in Saratoga as there is nothing in the ordinance that prevents one. Mr. Heid stated there is a need for the porte-cochere and the Applicant has a right to build it. He indicated the house is softened by the porte-cochere and requested that the merits of the porte-cochere be considered. Ms. Marian Earles, 15370 Pepper Lane, addressed the Planning Commission. She said that there'is no other house like this one on Pepper Lane. Ms. Earles indicated that the second story does not bother her. She made reference to the photographs that the architect circulated at the last meeting of a panoramic view of what the Applicant would be able to see from his second story. She circulated a photograph she took' standing at the roofline. She said she saw all of the side of the Applicant's house unobstructed by any trees. If the Applicant .is allowed to build a two-story building, he will be able to view.all of her property. Ms. Earles indicated that the Applicant's house will make an incredible presence on her side. If the Applicant were to plant pine trees that grow to 20 or 25 feet, the shadows will fall directly onto her home. She said she has a sight-impaired daughter whose bedroom directly faces the proposed building. If the trees are planted, the shadows caused by the afternoon sun would require her daughter to work by lamplight. Ms. Pamela Lavin, 15450 Pepper Lane, addressed the Planning Commission. She recalled recommendations were made at the last Public Hearing for the architect to revise or reduce the size of the porte-cochere and she noticed that no changes have been made. Ms. Lavin said the porte-cochere will not fit into the neighborhood. = Ms. Jane Gould, 15415 Pepper'Lane, addressed the Planning Commission. She said she feels the house is massive and excessive. The porte-cochere is large, imposing and overpowering. Mr. Heid circulated the pictures taken from where the second story of the Applicant's home will be located. Mr. Heid maintained that the Applicant has the right to build the porte-cochere and that he has a need for it. PLANNING COMMISSION MEETING Page 14 February 14, 1990 PUBLIC HEARINGS Continued TUCKER/HARRIS MOVED TO CLOSE THE PUBLIC HEARING AT 10:09 P.M. Passed 7-0. Commissioner Kolstad said he viewed the Applicant's home from Mrs. Earles' back yard. He said he could clearly see the existing chimney of the home and the tops of the bushes were in line with eave of the home. He stated he also viewed the property from Mrs. Gould's house. Commissioner Kolstad indicated that he is not in favor of the two-story because' of the impacts. Commissioner Tucker reiterated she is still not in favor of the porte-cochere. She said she feels it adds a lot of bulk to the house. Commissioner Harris indicated that the homes surrounding this property are much smaller and that this is a large house and will be very bulky. Commissioner Burger said she felt the one or two story issue has been worked out to her satisfaction and because of the size of the lot she is willing to accept a two story design as proposed. She indicated that she personally does not favor a porte-cochere and felt uncomfortable asking the Applicant to remove it simply because it does not suit her sensibilities. Commissioner Burger indicated that in her opinion, from an impact point of view, the porte- cochere presents no greater problem than the two story addition. Commissioner Tappan stated that as design feature the porte- cochere is out of place for the neighborhood and that it radically departs from the general design characteristics of other properties in the area. He said he is sensitive to Mrs. Earles' concerns about her daughter. Commissioner Moran said she feels that the house has not been changed very much from what it .looked like when it first came before the Planning Commission. The house still has problems with being compatible with the neighborhood and still has problems with being massive and bulky. She said she is not prepared to vote in favor of the proposal at this time. Chairperson Siegfried expressed that he does not like the porte- cochere. He said even if that were taken off he then has a concern about the what the look of the front of the house is. He said the side elevation on the left side also stands out. Chairperson PLANNING COMMISSION MEETING Page 15 February 14, 1990 PUBLIC HEARINGS Continued Siegfried said he had no problem with the second story or the size but would like to see some relief on the side of the second story and some other design of the roofline or the entry to break it up. Mr. Heid suggested that since there is confusion the owner has a right to try to present a different design and requested a continuance. Chairperson Siegfried reiterated the concerns of the Planning Commission to the Applicant. HARRIS/MORAN MOVED TO CONTINUE DR'89-106 TOMARCH 14, 1990. Passed 7-0. 11. DR-89-121 Chang, 12500 DeSanka Ave., request for design review approval to construct a 438 sq. ft. first floor and an 815 sq. ft. second floor addition to an existing one-story home for a total of 2,907 sq. ft. in the R-l-10,000 zone district per Chapter 15 of the City Code (cont. from 1/24/90). Planning Director Emslie presented the Report to the Planning Commission dated February 14, 1990. Commissioner Burger reported on the land use visit. The Public Hearing was opened at 10:20 p.m. Mr. Augustine, Designer, addressed the Planning Commission. He indicated that one of the reasons for putting in a vaulted ceiling over the dining room was to eliminate the bulkiness and the house was designed to try to minimize the bulkiness. Mr. Jim Chang, Applicant, addressed the Planning Commission. He said he has discussed this proposal with the neighbors and the neighbors are supportive of the plans. BURGER/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 10:29 P.M. Passed 7-0. Staff recommended that this item be continued to allow the Applicant to revise the plans to step back the second floor addition a minimum of 4 feet to reduce the bulk of the home and lessen the cumulative impact if a second story addition is constructed on the home to the north. BURGER/HARRIS MOVED TO CONTINUED DR-89-121 TO MARCH 14, 1990 WITH A STUDY SESSION ON MARCH 6, 1990. Passed 7-0. PLANNING COMMISSION MEETING Page 16 February 14, 1990 PUBLIC HEARINGS Continued 12. AZO-90-001 City of Saratoga, wall height in Commercial Zone Districts. The City of Saratoga Planning Commission is considering enacting a revision to the existing commercial zone districts to permit a solid wall or fence to exceed the 6 ft. height limit to a maximum of 8 ft. when conditions require additional visual and acoustic screening. City Attorney Toppel suggested that in view of the lateness of the hour and the number of applications on the agenda this item be continued to the next meeting. TUCKER/TAPPAN MOVED TO CONTINUE AZO-90-001 TO FEBRUARY 28, 1990. Passed 7-0. 13. DR-89-124 Levin, 18851 Ansley Place, request for design review approval to construct a 637 sq. ft. second story addition to an existing one-story home for a total of 3,367 sq. ft. in the R-l-10,000 zone district per Chapter 15 of the City Code. Chairperson Siegfried noted several letters and petitions have been received in opposition to this project. Planning Director Emslie presented the Report to the Planning Commission dated February 14, 1990. Commissioner Burger reported on the land use visit. The Public Hearing was opened at 10:35 p.m. Mr. Warren Heid, Architect, addressed the Planning Commission. He cited a memo he sent to the Planning Department clarifying the design of the second floor. He also cited other two story homes in the vicinity and circulated photographs. Mrs. Susan Levin, Applicant, addressed the Planning Commission. She circulated several letters and petitions in support of her project. Mrs. Levin described the proposal in detail and circulated photographs of the house. Mr. Art Bliss, 12430 Curry Court, addressed the Planning Commission. Mr. Bliss stated that the concept of maintaining a ranch style home does not strike him as being compatible with a box on box design. He also expressed concern about the lights shining from the second story windows at night. PLANNING COMMISSION MEETING Page 17 February 14, 1990 PUBLIC HEARINGS Continued The neighbor from 12451 Curry Court addressed the Planning Commission. He voiced his opposition to the proposal because it changes the character of the neighborhood, will impact on his openness and privacy in his back yard, and feels it will lower the value of his property. In addition to the night light, he also expressed concern about the burning of fires in the winter because some of the smoke will be going against the house. A neighbor from Cyril Place addressed the Planning Commission. She said a two story addition offends the neighbors and offends her personally. She stated she spoke with her immediate neighbors and circulated a petition in opposition to the proposal which signed by those neighbors. Mr. John Lindell, 18951 Ansley Place, addressed the Planning Commission. He said the project does not impact him directly and. cited the precedence of two story homes in the neighborhood. He expressed concern that the character of the neighborhood is changing with the two story additions and not only is the style of the house changing but the balance between the size of the house and the size of the lot is being destroyed. Mr. Richard Much, 18830 Ansley Place, addressed the Planning Commission. He cited a letter which he sent to the Planning Commission in opposition to the proposal. He expressed concern regarding the precedent being set to the extent that privacy and architectural designs are compromised and reiterated his opposition to this proposal. Mr. James Reimers, 12450 Curry~ Court, addressed the Planning Commission. He cited a letter he sent to the Planning Commission. Mr. Reimers stated Mrs. Levin spoke with him and showed him the plans. Since that time he developed his thoughts on the proposal which were outlined in his letters. Ms. Susan Millhollan addressed the Planning Commission. She noted that there are a number of people in the neighborhood who have added additions to their homes of the same square footage and larger who have maintained single' level homes. A neighbor from 12415 Saratoga Creek Drive addressed the Planning Commission in support of the proposal. Mr. Heid addressed the comments of the neighbors. He stated the lot would not accept a one story house and in his opinion a one story house would do far more damage to the neighborhood. PLANNING COMMISSION MEETING Page 18 February 14, 1990 PUBLIC HEARINGS Continued BURGER/HARRIS MOVED TO CLOSE THE PUBLIC HEARING AT 11:05 P.M. Passed 7-0. Commissioner Burger noted that the~Planning Commission is receiving a number of requests for second story additions and feels the issue should be addressed. She said' she views the flavor of this neighborhood as one of one story California ranch style homes and is not comfortable with approving the second story addition. Chairperson Siegfried indicated he is not necessarily opposed to a second story addition but would prefer to see second stories which are tucked into the roof. Commissioner Kolstad stated he had no problem with the design and privacy issues are not a concern but feels the neighborhood should remain one of one story homes and would vote that way. Commissioner Moran said she feels a two story. is incompatible with the neighborhood. Mr. Heid requested a continuance. He said there is no direct policy regarding two story homes, the neighborhood is split on the issue of two story homes, and the Levins have a right to build their two story. He requested the opportunity to present additional information to the Planning Commission. Commissioner Tappan indicated he is in agreement with Mr. Heid and that the Applicant should be given the benefit of extending the hearing and perhaps coming up with some ideas that would work for the neighborhood and the Applicant. Commissioner Kolstad said he agrees with Mr. Heid but did not see what purpose additional time would serve. Commissioner Harris stated that the Planning Commission is well aware of the problem but also felt additional time for this proposal would not convince her otherwise. TUCKER/HARRIS MOVED TO DENY DR-89-124 WITHOUT PREJUDICE. Passed 6-1; Commissioner Tappan dissenting. PLANNING COMMISSION MEETING Page 19 February 14, 1990 PUBLIC HEARINGS Continued 14. DR-89-125 Bye, 18806 Harleigh Dr., request for design review V-89-050 and variance approvals to construct an 880 sq. ft. second floor addition to an existing two-story home for a total of 3,960 sq. ft. in the R-1-12,500 zone district per Chapter 15 of the City Code. The variance would permit the applicant to exceed the allowable floor area by 250 sq. ft. Commissioner Tucker stepped down during discussion of this item because she lives within 500 feet of the property. Planning Director Emslie presented the Report to the Planning Commission dated February 14, 199.0. Commissioner Moran reported on the land use visit. The Public Hearing was opened at '11:13 p.m. Ms. Lightner, 2101 California Street, Mountain View, designer of the project, addressed the Planning Commission. She pointed out the features of the design. Mr. Mike Reed addressed the Planning Commission. He stated that if an addition was going to be added he would like to see the addition do something for the house° If it is cut 20% to 30% he sees no sense in adding the addition. Mr. Reed stated he has no objection to the proposal. Mr. Given addressed the Planning Commission. He agreed with Mr. Reed that the proposal would be an enhancement to the neighborhood and he would hate to see it scaled back and would have no objection to the addition. HARRIS/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 11:21 P.M. Passed 6-0. Commissioner Kolstad said he had no problem with the design but did have a problem with the variance. BURGER/HARRIS MOVED TO APPROVE DR-89-125 PER THE MODEL RESOLUTION. Passed 6-0. BURGER/HARRIS MOVED TO DENY V-89-050 PER THE MODEL RESOLUTION. Passed 6-0. Commissioner Tucker was reseated on the Planning Commission. PLANNING COMMISSION MEETING Page 20 February 14, 1990 PUBLIC HEARINGS Continued 15. SD-89-017 Pierce/Waller, 14584 Horseshoe Dr., request for subdivision approval to create two parcels of 20,100 and 22,686 sq. ft. pursuant to Chapter 14 of the City Code. The property is located at the corner of Horseshoe Dr. and Horseshoe Ct. and is within the R-i-20,000 zone district. Both the existing home and the proposed parcel will access Horseshoe Drive. Planning Director Emslie presented the Report to the Planning Commission dated February 14, 1990. He corrected a typographical error in the Staff Report that the flag road accesses Horseshoe Drive not Horseshoe Court. Commissioner Burger reported on the land use visit. The Public Hearing was opened at 11:25 p.m. Ms. Virginia Fanelli, 1175 Saratoga Avenue, San Jose, addressed the Planning Commission on behalf of the Applicant. Using an overhead projector, Ms. Fanelli reviewed the history of the proposal. A neighbor at 14570 Horseshoe Court addressed the Planning Commission. She expressed concern about development of this lot. She said she spoke with other neighbors who were concerned regarding compatibility of the area, the drainage and sewer hookup. A representative of Mrs. Jolene' Foster, 14519 Horseshoe Drive, addressed the Planning Commission on her behalf. Mrs. Foster is concerned regarding drainage and erosion. A neighbor from 14568 Horseshoe Court, addressed the Planning Commission and expressed concerns regarding drainage and compatibility. A neighbor at 14578 Horseshoe Court addressed the Planning Commission. He commented that he does not believe the flag lot solves the access problem and expressed concern that there may be a problem with cars parking at the lot. Ms. Fanelli addressed the comments of the neighbors. She said the solution to the drainage problem could be handled during the design review in such a way that it will improve the problem as it now exists. She also indicated that access of the flag lot could be handled in a condition for landscaping and fencing. HARRIS/KOLSTAD MOVED TO CLOSE THE PUBLIC HEARING AT 11:43 P.M. PasSed 7-0. PLANNING COMMISSION MEETING Page 21 February 14, 1990 PUBLIC HEARINGS Continued Commissioner Burger said she did not think the issue in this case is drainage but one of density. She stated she views this application as inferior to the original application but the message from the City Council after the ~first appeal was loud and clear and she suspects the message would not change and stated she cannot vote in favor the lot split. Chairperson Siegfried stated he does not think the flag lot configuration is the answer and is not inclined to vote for a flag lot configuration for lots less than 30,000 square feet. Commissioner Tappan said he felt it would be fair to give the Applicant some direction. HARRIS/TUCKER MOVED TO DENY SD-89-017 PER THE MODEL RESOLUTION. Passed 7-0. 16. UP-89-015 Cali-Del Monaco, 14510 Big Basin Way, request for use permit approval to expand the Florentine Trattoria restaurant into existing commercial space within the Village Square retail center pursuant to Chapter 15 of the City Code. The restaurant is located in the CH-1 zone district and is p~rt of Parking District #4. Planning Director Emslie presented the Report to the Planning Commission dated February 14, 1990. The Public Hearing was opened at i1:48 p.m. Mr. Zambetti, 14510 Big Basin Way, representing Mr. Del Monaco and Cali Investments, addressed the Planning Commission. Mr. Zambetti stated in regard to item 4 of the Resolution there will be a time clock on the exhaust fan. Ms. Fay Mongraw, 14591 Oak Street, addressed the Planning Commission. She stated her bedroom is directly behind the kitchen area of the restaurant. She said her main complaint is in regard to the cleaning which is done at night. Ms. Mongraw indicated the homeowner's association and individuals have complained repeatedly with regard to the cleaning from midnight on by the restaurant. Mr. John DiManto addressed the Planning Commission. He expressed concern regarding a reference in the Staff Report to a future variance request for outdoor dining and said if that happens he will have some concerns about the impacts of this. PLANNING COMMISSION MEETING Page 22 February 14, 1990 PUBLIC HEARINGS Continued Mr. Frank Mongraw addressed the Planning Commission. He also expressed concern regarding the.noise problems coming from the restaurant. He cited that Staff Report which indicated that the issue of noise during cleanup' has been resolved among the homeowners and the Applicant. He requested that a condition be added to the use permit regarding the noise. Mr. Zambetti responded that the restaurant has worked to keep the noise at the lowest level possibl. e. BURGER/HARRIS MOVED TO CLOSE THE PUBLIC HEARING AT 11:56 P.M. Passed 7-0. Commissioner Burger expressed Concern regarding the hours of cleanup. She said she would have no problem with application but would like to see a condition limiting the cleanup noise. KOLSTAD/BURGER MOVED TO APPROVE UP-89-015 ADDING CONDITIONS THAT ALL CLEANUP ACTIVITY WILL TAKE PLACE ONE HOUR AFTER CLOSING AND ONE HOUR BEFORE OPENING AND THAT THE DEVELOPERS PREPARE A PROPOSAL FOR CLOSURE OF THE TRASH FACILITIES WITHIN THE PARKING DISTRICT SUBJECT TO APPROVAL OF THE CITY MANAGER. Passed 7-0. DIRECTOR'S ITEMS 1. Upcoming planning applications and projects. 2. Planning Commission Retreat agenda - March 2-3, The Chaminade at Santa Cruz. COMMISSION ITEMS COMMUNICATIONS Written 1. Heritage Preservation minutes from 1/17/90. 2. Committee-of-the Whole Report 1/30/90 and 2/6/90. Oral ADJOURNMENT The meeting of the Planning Commission was adjourned at 12:02 a.m. Respectfully submitted, Rebecca Cuffman