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HomeMy WebLinkAbout04-25-1990 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: April 2.~, 1990 - 7:30. p.m. PLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular .Meeting Roll Call: Chairperson Tucker, Commissioners Burger, Kolstad, Moran, Siegfried and Tappan. ChairperSon Tucker presented a plaque to.Commissioner Siegfried in appreciation of his service as Planning Commission Chairman for the past year. Pledge of Allegiance Approval of Minutes of April 11, 1990: BURGER/KOLSTAD MOVED TO APPROVE THE MINUTES OF APRIL 11, 1990 AS WRITTEN. Passed 5-0 (Commissioner Siegfried abstained), Approval. of Minutes of March 28, 1990: BURGER/SIEGFRIED MOVED TO APPROVE.THE MINUTES OF MARCH 28, 1990 AS AMENDED. Passed 5-0 (Commissioner Kolstad abstained). ORAL COMMUNICATIONS: Mr. Andy Boogard, 12022 Titus Avenue, addressed the Commission regarding the parking problem at the McAuliffe School. He circulated photographs showing the traffic problems on Titus Avenue due~n. to..traffic at.=.-the-~=~=sch0ol~7?.'.r~Chairperson Tucker informed Mr. Boogard that this issue will be taken up by the Planning Commission at a later date. REPORT OF POSTING.AGENDA: Pursuant tO Government Code 54954.2, the agenda for this Meeting was properly posted on April 20, 1990. Technical Corrections to Packet Material: None. PLANNING COMMISSION MEETING April 25, 1990 Page 2 PUBLIC' HEARINGS Continued PUBLIC.HEARINGS CONSENT CAI.RNDAR: 1. DR-90-004 Wu, 12903 Arroyo'de Arguello, request for design review approval for a two-story addition totaling 2093 square feet to an existing one-story home in the R-i-40,000 zone district per Chapter 15 of the City Code. 2. DR-90-002 McMullin, 15160 Sobey Rd., request for design review approval for a 3926 square-foot two-story addition to an existing one-story home in the R-1-40,000 zone district per Chapter 15 of the City Code (cont. from 4/11/90). BURGER/KOLSTAD MOVED APPROVAL OF 2CONSENT CALENDAR ITEMS 1 AND 2. Passed 6-0. PUBLIC HEARINGS: 3. DR-89-122 Amaral, 12483 Greenmeadow Ln., request for design review approval to construct a 1262 square-foot first and second' story addition to an existing one-story home for a total of 3865 square feet in the R-1-12,500 zone district per Chapter 15 of the City Code. Commissioner Burger reported on the land use visit. Chairperson Tucker noted the receipt of letters from Ralph and Diane Manriquez, Otto and Bette Crawford, Steve and Karen Cakebread and Conrad and Ruth Bracklein. Planning Director Emslie presented the Report to the Planning Commission dated April 25, 1990. The Public Hearing was opened at 7:45 p.m. Mr. Bob Tager, 12361 Saratoga-Sunnyvale Road, represented the applicant. He circulated photographs of the neighborhood and explained in detail the applicants' need for the addition to their home. Mr. Tager addressed various neighbors' concerns regarding the project. He said the Cakebreads were concerned about privacy, but there is only a small bathroom window overlooking their home which will have obscure glass. He indicated the Crawfords have a legitimate complaint because of. the windows overlooking their property but those concerns will also be addressed' by using clerestory or obscure glass. Regarding the letters addressing the issue of the home blocking the neighbors' view of the hills, Mr. Tager stated that only two or three homes will be impacted. PLANNING COMMISSION MEETING April 25, 1990 Page 3 PUBLIC HEARINGS Continued Mr. Otto Crawford, 12471 Greenmeadow Lane, addressed the Commission regarding his opposition to the second story addition. He said he feels the home invades the privacy of his back yard, is excessively bulky, would block the view of the hillside for a number of residents in the area and would set a precedent for other homes in the neighborhood to become two-story homes. Mr. Charles Vorst, 12468 Greenmeadow Lane, stated the house obstructs his view. He indicated his belief that the home is incompatible with the other homes in the neighborhood. Mr. Vorst also stated that he was representing the Cakebreads' concerns regarding the effects of'the proposal on their home. Mr. Fred Tatar, 20577 Manor Drive, addressed the Planning Commission regarding his concern that the addition of a second story will obstruct the view of the hillside and would set a precedent for other two-story homes in the neighborhood. Mr. Art Bliss, 12430 Curry Court, urged that this matter be continued until studies are completed regarding the determination of the character of existing neighborhoods and the desire of Saratoga in general. Mr. Jimmy W. Fox, 245 Pruneridge Avenue, Los Gatos, architect for the project, said an attempt 'was made to meet the City's residential design requirements and to follow the initial staff conditions. He pointed out that. in coming years trees are more likely to block the view of the hills more than residential structures~ Mrs. Ruth Bracklein, 12529 Greenmeadow Lane, expressed concern regarding the impact of the home on the view. Mr. Tagar addressed the neighbors' concerns. He said the impact of the home on the view of the hills' is minimal. In response to a question from 'Commissioner Burger, discussion ensued regarding the back yard of the applicants' home. Mr. Mario Boza, 12483 Greenmeadow Lane, further described the back yard. SIEGFRIED/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 8:22 P.M. Passed 6-0. Commissioner Kolstad stated he read the material in the packet before he visited the site and was concerned with the views, privacy, design and the two-story. compatibility. After listening to the testimony, he said he feels the design is fine and is compatible with the neighborhood.' Regarding the two-story PLANNING COMMISSION MEETING April 25, 1990 Page 4 PUBLIC HEARINGS Continued compatibility, he cited comments from the City Council on the issue of two-story additions. CommiSsioner Kolstad stated he walked around the neighborhood in order to determine what the impacts of the house would be on the view and felt the impacts were minimal. He said he would vote for approval of the application. Commissioner Siegfried said he is not opposed to a two-story addition but is opposed to a two-story of this style and felt something could' be done that would be less impactful in terms of roof line and to reduce square footage as this home adds too much of a boxy view of a second story. Commissioner Burger concurred with Commissioner Siegfried's comments. Commissioner Tappan also concurred with Commissioner Siegfried's comments and expressed concern that no time was taken to work out a compromise with the neighbors. He said he felt this second-story addition is impactful and would not be able to vote in favor of it. Commissioner Moran said she would also not be able to support the application. She stated she is aware of the concerns of the neighbors and felt this property is a sensitive site in this neighborhood and that the applicants have other options for additions other than the one they are now pursuing which would not involve excessive bulk, mass and impact on the view of the neighbors. Chairperson Tucker stated she concurs with the majority of the Commissioners. She indicated there can be second-story additions that are not impactful. BURGER/KOLSTAD MOVED TO CONTINUE DR-89-122 TO MAY 23, 1990 WITH A STUDY SESSION ON MAY 15. Passed ~-0. 4. DR-89-078 Gallo, 20087 Mendelsohn Ln., request for design V-90-008 review approval to construct a new two-story 4772 square-foot residence per Chapter 15 of the City Code. The subject property is located within the R-i-20,000 zone district and is part of Tract 6531 Variance approval is also requested to allow the structure to exceed the maximum allowable floor area for this site by approximately 254 square feet. Commissioner Moran reported on the land use visit. Planning Director Emslie presented the Report to the Planning Commission dated April 25, 1990. PLANNING COMMISSION MEETING April 25, 1990 Page 5 PUBLIC HEARINGS Continued The Public Hearing was opened at 8:40 p.m. The applicant, Mr. Nino Gallo, was present and described the proposed house. SIEGFRIED/TAPPAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:41 P.M. Passed 6-0. Commissioner Siegfried stated he did not see any basis for exceeding the square footage and felt it could be reduced. Commissioner Burger said she concurs with Commissioner Siegfried's comments. SIEGFRIED/MORAN MOVED TO DENY V-90-008. Passed 6-0. SIEGFRIED/MORAN MOVED TO CONTINUE DR-89-078 TO MAY 9, 1990. Passed 6-0. Break 8:45 p.m. - 9:00 p.m. 5. DR-90-005 Palmer, 21761 Heber Way, request for design review approval for a new two-story, 4452 square-foot single family dwelling in the NHR 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 April 25, 1990. The Public Hearing was opened at 9:08 p.m. The applicant, Mr. William Palmer, addressed the Commission and described the structure. TAPPAN/SIEGFRIED MOVED TO CLOSE THE PUBLIC HEARING AT 9:10 P.M. Passed 6-0. In response to a question from Commissioner Burger regarding color, Mr. Emslie circulated chips of the proposed color. She also said she would like to see landscaping provided. Commissioner Tappan commended the applicant and the architect for the design. He said he felt it was a very pleasing and sensitive design. Commissioner Siegfried concurred with Commissioner Tappan's comments. PLANNING COMMISSION MEETING April 25, 1990 Page 6 PUBLIC HEARINGS Continued Commissioner Kolstad commented that he felt the house goes beyond the compatibility of the neighborhood but if the rest of the Commission feels the proposal is acceptable he would vote for approval. Because it is a predominant site in the neighborhood, he expressed concern about the colors and stated he would prefer them to be earth tone as opposed to gray stucco. BURGER/SIEGFRIED MOVED TO APPROVE DR-90-005 ADDING A CONDITION THAT LANDSCAPING WILL BE PROVIDED ALONG THE WEST PROPERTY LINE PER THE ARTIST'S RENDERING AND SHALL BE INSTALLED PRIOR TO FINAL OCCUPANCY. Passed 6-0. 6. UP-547.2 Brookside Swim Club, 19127 Cox Ave., Planning Commission review of the Brookside Club's compliance with the use permit condition that prohibits the consumption of alcohol on the premises. Planning Director Emslie reviewed the staff memorandum dated April 20, 1990 which explained the background of this issue in detail. The Public Hearing was opened at 29:20 p.m. Ms. Sharon Torrens, President of the Brookside Swim Club, addressed the Commission. She explained the activities which are held at the club. She said the club has no intention of changing the character of the club. Ms. Torrens pointed out the club has never sold, nor does it intend to sell, alcoholic beverages. She said there have been discrepancies in the interpretation of the use permit in the past. The original use permit prohibited the use of alcohol but that was not carried over in wording in subsequent permits. By oral agreement with the Planning Commission in the 1970s, it was ruled that the BOard at Brookside'was allowed to make the judgment on the use of alcohol. Subsequent to that ruling, other Planning Commissions have reaffirmed the status of alcohol consistent with the first permit. Ms. Torrens requested clarification of the use permit. She stated the issue should be an issue of noise and not one of alcohol and pointed out that the club has been making an effort to be sensitive to the.noise created by some of the activities at the club. She also pointed out that the club must be able to hold a few reasonable social events in order to promote membership and to maintain the value of the club for the present members. On behalf of Brookside, Ms. Torrens requested deletion of the prohibition of alcohol from the use permit. Ms. Dee Askew, 12651 Saratoga Creek Drive, addressed the Planning Commission. She presented a detailed report on the issues which have arisen between the neighbors.and Brookside Swim Club over the PLANNING COMMISSION MEETING April 25, 1990 Page 7 PUBLIC HEARINGS Continued years. Ms. Askew voiced her opposition to the use of alcohol at the club. In response to a question from Commissioner Tappan, Ms. Askew stated that in the past year Brookside has tried to be a good neighbor and that has been appreciated by the neighbors. She said she wanted to point out that if liquor is allowed at the club the neighbors will probably face the same problems that were faced in the past. Mrs. Susan Salutric, 12635 Saratoga Creek Drive, read a letter opposing the use of alcohol at the club from a neighbor who was unable to attend the meeting. Mr. Bob Salutric, 12635 Saratoga Creek Drive, addressed the Commission regarding his opposition to the use of alcohol at the club. He addressed the issue of safety of children in the area if alcohol is permitted at the club and the issue of excessive noise. Mr. Rick Ritter, 12634 Saratoga Creek Drive, addressed the Commission regarding his opposition to the use of alcohol at the club and the excessive noise which would ensue if alcohol is served at the club. Mr. Jeff Grundy, 19242 Gunther Court, addressed the Commission regarding the use of alcohol at Brookside and the resulting impacts to the neighborhood which include crowding, parking and safety of Children in the area. Mr. Gene Steiger, 19186 Gunther court, expressed his opposition to the use of alcohol at the club and the resulting impacts to the neighborhood. Commissioner Siegfried requested that Ms. Torrens clarify the activities at the club. She indicated there are three or four social events a year that involve the raising of funds for the tennis committee and kicking off the junior programs. There is a group of people who play bridge. The tournaments usually involve a party in the evening, and there is socializing during the tournaments. Commissioner Tappan pointed out someone stated that one recruiting device used for bringing in new membership is that it is important that it be known alcohol can be consumed on the premises and questioned whether that was the policy of the club. Ms. Torrens responded that memberships have never been promoted that way. She clarified she said it was necessary to haveadult social functions in order to promote membership. PLANNING COMMISSION MEETING April 25, 1990 Page 8 PUBLIC HEARINGS Continued In response to a question from Ms..Torrens, Mr. Emslie reviewed the status of the items the club was directed to comply with previously. TAPPAN/SIEGFRIED MOVED TO CLOSE THE PUBLIC HEARING AT 10:03 P.M. Passed 6-0. Commissioner Tappan stated he could not foresee a solution to this problem. He questioned why the neighbors, some of whom have lived in the area for 30 years, have n~t moved if the situation was so intolerable. On the other hand, he acknowledged there have been abuses, and Brookside has made some effort. He said the parties appear to be at loggerheads and could not envision a solution. Commissioner Burger said she was unaware that the use permit included an alcohol prohibition until recently. She pointed out that since the prohibition was issued 30 years ago the attitude towards alcohol consumption has changed and people have become increasingly concerned about alcohol consumption. She stated she felt the issue before the Commission is noise not alcohol consumption. Commissioner Burger urged staff to continue monitoring the conditions which were set on Brookside earlier as they would go a long way towards resolving the noise issue. She stated she is in favor of changing the use permit to allow consumption of alcohol at the club. She also urged an in depth review of the conditions of the use permit in order for the conditions of the permit to be clarified. Commissioner Kolstad stated he felt the neighbors are trying to have the Plannin'g Commission settle their differences with Brookside. He agreed with Commissioner Burger on the use of alcohol and also agreed with the staff report. Commissioner Siegfried said he is not disturbed by the use.of alcohol. However, the activities of the club are limited to ending one hour after sundown but the activities of the clubhouse are not. He said what should be looked at is what the clubhouse may be used for in terms of hours and activities. Discussion ensued regarding the use of the clubhouse. Chairperson Tucker suggested discussing the issue at a study session in order for the club to present a report of its activities and the hours of activities. Commissioner Tappan stated he had' trouble with the statement that alcohol does not in some fashion.increase noise levels at social e~ents. He said he would be in favor of a study session to examine hours of operation for the clubhouse and appropriate uses for activities in the clubhouse. He stated the issue comes down to a PLANNING COMMISSION MEETING April 25, 1990 Page 9 PUBLIC HEARINGS. Continued basic good neighbor policy. He again acknowledged that Brookside has made efforts and the neighbors have legitimate complaints. Commissioner Tappan requested that at the study session the club present an outline as to what the Board of Directors considers appropriate and reasonable use of the clubhouse, appropriate and reasonable hours of operation for events and what the current uses of the clubhouse are. TAPPAN/SIEGFRIED MOVED TO CONTINUE UP-547.2 TO MAY 23, 1990 WITH A STUDY SESSION ON MAY 15. Passed 6-0. 7. V-90-009 Fara 12385 Parke~ Ranch Rd., request for variance approval from Ordinance 15-14.110(d) to allow a detached accessory structure to exceed the maximum height of 12 ft..allowed by the City Code. The structure is 18'6" high and is located outside the required yard. Planning Director Emslie presented the Report to the Planning Commission dated April 25, 1990. The Public Hearing was opened at 10:20 p.m. SIEGFRIED/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 10:20 P.M. Passed 6-0. SIEGFRIED/BURGER MOVED TO APPROVE V-90-009. Passed 6-0. DIRECTOR'S ITEMS 1. Upcoming planning applications and projects 2. Heritage Preservation Minutes - 4/4/90 3. Committee-of-the-Whole Report - 4/17/90 COMMISSION ITEMS COMMUNICATIONS Written 1. Letter from Faith M. Schmidt re: Affordable Housing in Saratoga. PLANNING COMMISSION MEETING April 25, 1990 Page 10 PUBLIC' HEARINGS Continued PLANNING COMMISSION MEETING April 25, 1990 Page 10 2. Letter from Andrew M. Boogard re: Enlarging parking lot at Hansen School. Oral ADJOURNMENT The meeting of the Planning CommiSsion was adjourned at 10:25 p.m. Respectfully submitted, Rebecca Cuffman