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HomeMy WebLinkAbout05-23-1990 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: May 23, 1990 - 7:30 p.m. PLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Roll Call: Chairperson Kolstad, Commissioners Burger, Caldwell Moran, and Siegfried. Commissioners Tappan and Tucker were absent. Pledge of Allegiance Chairperson Kolstad welcomed Commissioner Caldwell to the Planning Commission° Approval of Minutes of April 25, 1990: Planning Director Emslie pointed out that page 6 was missing from the Minutes and suggested the Commission'hold over approval in order for Commissioners to be able to review the page. MORAN/BURGER MOVED TO CONTINUE APPROVAL OF THE MINUTES OF APRIL 25, 1990. Passed 5-0. Approval of Minutes of May 9, 1990: Commissioner Moran noted on page 11 the applicant for DR-90-006 is Davies. Commissioner Moran requested the third paragraph on page 13 be amended to read: "Commissioner Moran stated...and obscure glass in the bathroom would satisfy the problem at hand." Commissioner Moran also requested the third paragraph under item 12 on page 14 be amended to read: "The applicant appeared and explained additional signs are being requested because some tenants moved out because of lack of signage..." Commissioner Burger requested the first paragraph on page 13 be amended to read: "Commissioner Burger expressed concern regarding the height of the fence and with the fact that the residents are currently viewing a fence and a home covered in ivy and she views that as a better situation than' what they would be faced with later." Commissioner Burger also requested that on page 7 the paragraph beginning "Discussion ensued wherein staff responded to Commissioners questions..." be expanded to reflect the questions and staff response because deliberations on the subject may be important in the future. City Attorney Toppel noted on page 8, paragraph 4, Ms. Shipp should be Ms. "Schurr". PLANNING COMMISSION MEETING May 23, 1990 Page 2 BURGER/SIEGFRIED MOVED TO APPROVE THE MINUTES OF MAY 9, 1990 AS AMENDED. Passed 4-0-1 (Commissioner Caldwell abstained). ORAL COMMUNICATIONS: Mr. E. T. Barco addressed the Planning Commission regarding a clipping from the Saratoga magazine noting Commissioner Caldwell's appointment to the Planning Commission. He said he was interviewed on another subject and was asked about Commissioner Caldwell's appointment. He said the content of the article was a subject other than her appointment to the Planning Commission. Mr. Barco also said Planning Director Emslie would read a letter from him during discussion of item 4 under Director's Items. REPORT OF POSTING AGENDA: Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on May 18, 19'90. Technical Corrections to Packet Material: Planning Director Emslie pointed out that a complete copy of the ABAG policy framework was distributed to the Commission for its review. PUBLIC HEARINGS CONSENT CALENDAR: 1. DR-89-078 Gallo, 20087 Mendelsohn Ln., request for design review approval tO construct a new two-story 4518 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 (cont. to 6/13/90' at the request of applicant). 2. SM-90-003 Fazelli, 12479 Crayside Ln., request for site modification approval for a swimming pool in the NHR zone district per Chapter 14 of the City Code. Site modification approval is required for all sites within the Beauchamps subdivision (cont. to 6/13/90 at the request of applicant). 3. DR-90-015 Deiwert, 12272 Via Roncoie, request for design review approval for 644 square-foot second story addition in the R-l-10,000 zone district per Chapter 15 of the City Code (cont. to 6/27/90 at the request of applicant). PLANNING COMMISSION MEETING May 23, 1990 Page 3 PUBLIC HEARING CONSENT CALENDAR Continued 4. DR-89-122 Amaral, 12483 Greenmeadow Ln., request for design review approval to construct an 1195 square-foot second story addition to an existing single story residence within the R-l-12,000 zone district (cont. to 7/11/90 to allow the applicant to submit revised plans. 5. DR-90-005 Grichuhin, 20171 Cherry Ln., request for a one and two-story additioh to an existing one-story.single family residence 'in the R-l-10,000 zone district per Chapter 15 of the City Code (cont. to 6/13/90 to allow the applicant to submit revised plans). 6. DR-90-010 Yin, 19610 Three Oaks Way, request for design review approval to construct a 2,086 square-foot addition to an existing 2,225 square-foot one- story home in the R-1-40,000 zone district per Chapter 15 of the City Code (cont. to 6/13/90 at the request' of the applicant. 7. SM-90-002 Reiman, 12480 Crayside Ln., request for site modification approval for a swimming pool within the Beauchamps 'subdivision in the NHR zone district per Chapter 14 of the City Code. Also requesting approval for retaining walls in excess of 3 feet but not more than 5 feet. Both requests require site modification approval within this subdivision (cont. from 5/9/90). BURGER/SIEGFRIED MOVED APPROVAL OF CONSENT CALENDAR ITEM 7. Passed 5-0. PUBLIC HEARINGS: 8. DR-90-017 Pappanastos, 14375 Cocciardi Ct., request to construct a 5017 square-foot two-story, single family residence in the NHR zone district per Chapter 15 of the City Code. Planning Director Emslie presented the Report to the Planning Commission dated May 23, 1990. He indicated, in response to a question arising from the Land Use Committee's visit yesterday, that the driveway curve cut is to be located 75 feet north of the existing curve cut. Commissioner Moran reported on the land use visit. PLANNING COMMISSION MEETING May 23, 1990 Page 4 PUBLIC HEARINGS Continued The Public Hearing was opened at .7:42 p.m. Mr. Scott Cunningham, 14375 Saratoga Ave., addressed the Planning Commission on behalf of the applicant. He said the applicant does not have any disagreement with the staff conditions or anything that has been proposed. SIEGFRIED/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 7:43 P.M. Passed 5-0. SIEGFRIED/BURGER MOVED APPROVAL OF DR-90-017 PER THE STAFF REPORT. Commissioner Moran requested consideration of the color of the house. She said she would like the color to be closer to the earth tones and suggested the applicant meet with staff and plan a color closer to the earth tone color policy. SIEGFRIED/BURGER AMENDED THE MOTION TO APPROVE DR-90-017 WITH THE CONDITION THAT THE APPLICANT WORK WITH STAFF REGARDING THE COLOR FOR THE HOUSE. Passed 5-0. 9. UP-547.2 Brookside Club, 19127 Cox Ave., review of use of clubhouse and discussion of operating hours in relation to the consideration of relaxing conditions prohibiting alcohol. Planning Director Emslie reviewed the staff memorandum dated May 23, 1990. Staff recommended a two-week continuance of this matter to allow the Club to respond to the concerns voiced at the study session and the previous hearings regarding compliance with the use permit conditions. Staff also recommended that once compliance is attained the alcohol prohibition be eliminated. The Public Hearing was opened at .7:53 p.m. Ms. Sharon Torrens, President of the Brookside Swim Club, addressed the Commission. She commented on her letter dated May 14, 1990 and stated that the members of Brookside did not wish to attend the study session for the reasons outlined in the letter. They did not wish this to be a slight or ignoring of the Planning Commission. Ms. Torrens questioned the planting required along the fence and cited a letter the Club received from the Santa Clara Valley Water District stating that before anything could be planted on the District's easement the Club would have to get approval of the District. Planning Director Emslie agreed the District would have to review the landscaping plan. PLANNING COMMISSION MEETING May 23, 1990 Page 5 PUBLIC HEARINGS Continued Ms. Karin Dowdy, a resident of Brook Lane and a member of the Brookside Club, addressed the Planning Commission. She said she believed the owners of the Club have a right to peaceful enjoyment of their property and have been denied that right by the constant harassment of the neighbors. She stated the Club is a place for families with children to find a wholesome, supportive environment which is safe and secure for children. Ms. Dowdy also stated her belief that there is a double standard for clubs in Saratoga and cited another club that is allowed to use alcohol where Brookside is not. SIEGFRIED/MORAN MOVED TO CONTINUE UP-547.1 TO JUNE 13, 1990. Passed 5-0. 10. DR-90-021 Dix, 15404 Madrone Hill Rd., request for a design V-90-015 review approval to replace an earthquake damaged home in the NHR zone district, per Chapter 15 of the City Code. Variance approval is also requested for reduction of side yard setback for expansion of existing nonconforming garage. Planning Director Emslie presented the Report to the Planning Commission dated May 23, 1990. Commissioner Moran reported on the land use visit. The Public Hearing was opened at 8:11 p.m. The applicant, Mr. Gary Dix, 15404 Madrone Hill Rd., addressed the Planning Commission. He said he understands the requirements set by staff. Mr. Dix answered Planning Commissioners' questions regarding the proposal. Mr. John DiManto, a neighboring landowner, addressed the Planning Commission. He recommended approval of the application with the conditions that a fence be added to screen out a concrete ramp from the garage level to the basement door and that landscaping be included. He also expressed concerning the 7 foot setback, which allows for a variance of 13 feet. SIEGFRIED/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:20 P.M. Passed 5-0. Commissioner Siegfried agreed with the comments regarding the fencing and landscaping. He said he did not have a problem with the variance since the lot is a narrow lot. He suggested consideration of some reduction in the depth of the garage. PLANNING COMMISSION MEETING May 23, 1990 Page 6 PUBLIC HEARINGS Continued Commissioner Moran said she had more trouble making a finding for a hobby shop than she would for a garage and felt a 25-foot deep garage would solve some of the problems raised by the neighbor about the eave extension. She supported the landscaping and the fence. Commissioner Caldwell stated she was initially concerned about the trees but after reviewing the criteria for granting a tree removal she said she was sufficiently persuaded by staff's opinion that the trees may be so damaged in the course of the significant soil work to be undertaken at the site that it may not be worthwhile to try to preserve them. She said she had no problem with a 7.5 foot underfloor area. She indicated she could not make the variance findings in order to accommodate a hobby area and perhaps a 25-foot garage would enable her to make the variance findings given. the topography of the site and the neighbor's concerns. Commissioner Caldwell agreed with the conditions requested by Mr. DiManto. Commissioner Burger also agreed with the requested conditions. She said she would be able to make the variance finding for the garage per the staff report based on the fact that the property is a very constricted piece of property in terms of its development capability. Commissioner Burger requested a condition in the variance for landscaping behind the garage to soften that effect. Chairperson Kolstad stated he is in favor of landscaping behind the garage, the fence and the additional landscaping. He said secondarily he would be in favor of accepting the garage as is because if there was ever a new owner, that area might be used for storage of junk which he would rather see inside that garage than outside. Commissioner Moran expressed concern regarding the trees' and questioned whether there could be a condition for the horitculturist to look at the trees to see if they could be saved. Commissioner Burger said she did not question the health of the trees but would like to see the trees examined to see if they could survive the amount of work that will have to go on around them. She stated' the removal of the two trees did not concern her. SIEGFRIED/BURGER MOVED TO APPROVE V-90-015 PER THE STAFF REPORT. Passed 3-2 (Commissioners Caldwell and Moran opposed). SIEGFRIED/BURGER MOVED TO APPROVE DR-90-021 WITH THE CONDITIONS THAT LANDSCAPING BE ADDED BEHIND THE GARAGE AND A FENCE AND LANDSCAPING BE INCLUDED ALONG THE PROPERTY LINE ADJACENT TO THE DI MANTO PROPERTY. Passed 5-0. PLANNING COMMISSION MEETING May 23, 1990 Page 7 DIRECTOR'S ITEMS 1. Heritage Preservation Minutes - 4/18/90 2. Committee-of-the-Whole Report - 5/15/90 3. Review of draft Memorandum to City Council re Oddfellows Senior Alternatives. Mr. Emslie reviewed the memorandum and stated it was staff's intention to take Commission comment and direction and modify the memorandum. If there are significant changes to the document, staff recommended the Commission appoint a subcommittee to work on the' language in order to expedite forwarding the matter to the City Council. He stated it is staff's intention to forward the item to the City Council for a public hearing at their June 20 meeting. Commissioner Siegfried stated he had two concerns regarding the report. On page 64 in the discussion of neighbors' concerns, he said it was a good summary of their concerns but sensed a stronger emphasis on the whole history of the site and the neighbors' concern that they have always understood that anything that would be done there would in keeping with the neighborhood and a stronger emphasis should be placed on that concern. Commissioner Siegfried expressed his opinion regarding item 5 that he did not feel there was enough emphasis placed on the fact that the neighborhood sense and the General Plan indicate that anything done there needs to be in keeping with what'is in R-i-40,000. Planning Director Emslie stated the Senior Coordinating Council submitted a letter to staff expressing concern with the last sentence of the report and felt the statement was ambiguous and did not represent the Planning Commission's direction. 4. Council referral of Proposed Regional Land Use Policy Framework. Planning Director Emslie reviewed this item. He read Mr. Barco's memorandum to the Planning Commission regarding the policy. Mr. Barco recommended a one- or two-month extension on the comment deadline and that the Commission hold a study session on the policy. PLANNING COMMISSION MEETING May 23, 1990 Page 8 DIRECTOR'S ITEMS Continued Planning Director Emslie suggested that he send a letter indicating the City is interested in commenting on this policy but will· need further time to submit comments. A lengthy discussion ensued regarding the policy. Commissioner Caldwell stated it would be helpful to review this policy at a study session and: it would also be helpful to have a draft of the draft. She said she would be happy to work with staff to prepare a draft. Discussion of this item was continued to a study session on June 5, 1990. COMMISSION ITEMS COMMUNICATIONS Written Oral ADJOURNMENT The meeting of the Planning Commission was adjourned at 8:50 p.m. Respectfully submitted, .-~' Rebecca Cuffman