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HomeMy WebLinkAbout10-02-1990 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: October 2, 1990 - 6:30 p.m. PLACE: Community Center, Arts & Crafts Room, 19655 Allendale Ave., Saratoga, CA TYPE: Regular Adjourned Meeting (cont. from 9/26/90) Roll Call: Chairperson Tucker, Commissioners Burger, Caldwell, Kolstad, Moran, Siegfried and Tappano A. DR-90-030 Ng, 21720 Villa Oaks Ln., request for design review approval to construct a new 4,537 sq. fto two-story single family residence on a 1.2 acre parcel in the NHR zone per Chapter 15 of the City Code. Commissioner Caldwell reported on the land use visit° Planning Director Emslie presented the Report to the Planning Commission dated September 19, 1990. The public hearing was-opened at 6:50 p.m. Mr. Luis Pina, 1210 Muscat Ct., Sunnyvale, addressed the Commission on behalf of the applicant and briefly described the proposal. SIEGFRIED/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 6:55 P.M. Passed 7-0. BURGER/SIEGFRIED MOVED TO APPROVE DR-90-030 WITH A CONDITION THAT THE EXTERIOR WALL COLOR BE DARKER AND WILL BE APPROVED BY STAFF AND THAT THE FOLLOWING TECHNICAL CORRECTIONS BE HADE TO THE RESOLUTION: CONDITION 3 SHOULD READ "HEIGHT OF THE STRUCTURE..."; CONDITION 8 SHOULD READ "NO ORDINANCE SIZE TREE SHALL BE REMOVED."; CONDITION 10 SHOULD INCLUDE A CONDITION FOR FENCING AROUND THE TREES PER THE CITY ARBORIST DURING CONSTRUCTION; CONDITION 16 SHOULD INCLUDE REVEGETATION OF SCENIC EASEMENT. Passed 7-0. B. SD-90-008 Ebner, 13741 & 13755 Saratoga Ave., request V-90-028 for tentative map approval to subdivide a 17,894 sq. ft. parcel with a 7,137 sq. ft. and 10,757 sq. ft. parcel within the R-i-20,000 zone district per Chapter 14 of the City Code. Variance approval is also requested to allow the subdivision of an existing substandard lot and to create two (2) smaller parcels per Chapter 15 of the City Code. Commissioner Moran reported on the land use visit. PLANNING COMMISSION MEETING October 2, 1990 Page 2 PUBLIC HEARINGS Continued Planning Director Emslie presented the Report to the Planning Commission dated September 26, 1990o The public hearing was opened at 7:05 p.m. The applicant, Mr. Mark Ebner, 13755 Saratoga Ave., circulated photographs and distributed letters from the neighbors supporting the lot line split. Mr. Ebner stated his proposal is not a special privilege. The two houses are on one lot and front a major artery of the City. Both houses are to City Code and have been inspected by the City Building Department, the Fire Marshal 1, and an independent contractor and found to be conforming to the present Building Code. Both houses are on separate sanitary sewer laterals, both houses are on separate utilities, both houses have separate Assessor ' s parcel numbers, both houses have separate mailing addresses and are architecturally different. He stated that drawing a property line between the two existing houses will not increase the density of the neighborhood, there will be no negative environmental impact to the neighborhood, no negative valuation to the adjoining properties, and no need for increased services from the City. He indicated this is a special situation with regard to location, shape of the lot and the historical structure. Mr. Zambetti addressed the Commission in support of the applicant. BURGER/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 7:30 P.M. Passed 7-0. Commissioner Burger said she did not have a problem with the variance request because the Commission is essentially dealing with two lots in terms of the fact that they are viewed as two separate parcels, there is no increase in density, no new structures will go up, etc. She suggested a condition that there would be no increase in the square footage. Commissioner Siegfried stated this is a unique situation. He too felt that conditions could be imposed so that nothing could be changed in terms of increasing density in any way. Chairperson Tucker expressed concern because there are a number of existing second units in the City and some of them are actually second houses. She said she would not like to see a precedent set. Commissioner Moran also stated her concern about setting a precedent and was concerned that if anything happens to one of the houses the Commission would be looking at a 7,000 sq. ft. lot and an application for a house to be put on the loto PLANNING COMMISSION MEETING October 2, 1990 Page 3 PUBLIC HEARINGS Continued Commissioner Kolstad stated that it is questionable whether it is legally now two lots or not. He said he could make the findings in this case because it is unclear as to whether there were two lots or one. Commissioner Caldwell stated her concern was in sufficiently severing this from the second-unit example. She said she would be agreeable if the size of any future home on either lot were limited. Commissioner Burger addressed Chairperson Tucker's concern regarding this proposal. She said she sees this as different from other situations where a party would have to come in and ask for the creation of a second lot where plainly none has ever existed. She stated there has been a question in this situation for many years and it has been implied that there are two lots. A discussion ensued wherein other Commissioners agreed that it looks like there are two lots. There was further discussion regarding the fact that the two parcels have separate sewer hookups, utilities and separate addresses. Chairperson Tucker stated she could go along with this proposal as long as the record clearly indicates this is not a special privilege but a special circumstance. The other Commissioners were in agreement with Chairperson Tucker's comments and agreed that the size would be limited to the current size of both houses and rebuilding would also be limited to the current size of both. TAPPAN/SIEGFRIED MOVED TO DIRECT STAFF TO PREPARE THE RESOLUTIONS FOR V-90-028 AND SD-90-008 INCORPORATING THE FINDINGS AND CONDITIONS STATED. Passed 7-0. C. DR-90-055 Handa, 20315 Calle Montalvo, request for design review approval to construct a 620 sq. ft. two- story addition to an existing 3,453 sq. ft. one- story residence on a 20,426 sq. ft. parcel within the R-i-20,000 zone district per Chapter 15 of the City Code. Commissioner Caldwell reported on the land use visit. Planning Director Emslie presented the Report to the Planning Commission dated September 26, 1990. The public hearing was opened at 7:40 p.m. PLANNING COMMISSION MEETING October 2, 1990 Page 4 PUBLIC HEARINGS Continued Mr. James DeYoung, 153 Hilton Dr., Boulder Creek, appeared for the applicant. He circulated photographs taken by the applicant showing the locations of the trees. He mentioned that the applicant has spoken to the neighbors at 20316 and 20304 Calle Montalvo, who were agreeable to the proposal. Mr. DeYoung described the proposal. Mr. Ernest Ornellas, 14720 Cody Lane, addressed the Commission regarding opposition to the proposal because of privacy concerns. He indicated he will be removing or trimming back trees which would impact the privacy of his property° Mr. DeYoung questioned the tree Mr. Ornellas intends to have removed and stated there was no clarity defined as to what Mr. Ornellas intends to do with the trees on his property. He did not believe there would be a privacy impact. MORAN/.BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 8:02 P.M. Passed 7-0. CommiSsioner Tappan stated he visited the applicant's property but was not on the neighbor's site. He said he could not vote on this matter until he visits the neighbor's property. Commissioner Kolstad indicated he went into the applicant's home and felt there was adequate landscaping. He said it is possible to see into the neighbor's living room, but that condition will exist whether the two story is there or not. He suggested there may be space in the back yard to expand but could not tell from the drawings whether it could be done. He, too, stated he would like to visit the neighbor's house and also would like to see a complete floor plan of the applicant's house. Chairperson Tucker stated she would like to see a one story addition. She said she did not get a sense of continuity with the two-story addition. BURGER/SIEGFRIED MOVED TO CONTINUE DR-90-055 TO OCTOBER 24, 1990 WITH A STUDY SESSION ON OCTOBER 16. Passed 7-0. The regular meeting was adjourned at 8:11 p.m. Respectful ly submitted, Rebecca Cuffman