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HomeMy WebLinkAbout07-08-1992 Planning Commission Minutes "J CITY vr' SARATOGA PLANNING COMMI$~ON MINUTES JULY 8, 1992 REGOLAR MEETING City Council Chambers, 13777 Fruitvale Ave. ---------------------------------------------------------------- Chairperson Caldwell called the meeting to order at 7:30 p.m. Roll Call Present: Chairperson Caldwell, Commissioners Favero, Forbes, Durket and Bogosian Absent: Commissioner Moran Pledge of Allegiance Minutes Minutes of June 24, 1992 Chairperson Caldwell had the following corrections to the minutes: Page 1, Paragraph 6 under the heading "Minutes" should read,"Page 6, 3rd Paragraph, 1st sentence should read "Chr. Caldwell noted one of the recommendations from the Citizens Committee regarding the Cocciardi matter which was adopted by the City Council was to have..." Page 1, 4th paragraph from the bottom, should read: "In regard to the policy regulating the number of Planning Commission study sessions per month, Com. Moran suggested that the Commission should stick to the policy which it develops." Page 3, 3rd paragraph from the bottom, the street name should be Merriwood (not Merrywood) and the words "the active landslide." should be added to the end of the paragraph. Page 6, last paragraph should read: "Regarding the accuracy of the pad elevation, as addressed by Chr. Caldwell, Mr. Perlin stated the pad elevations on the map should be within 6 inches of the existing elevation and identified several pads that may be up to 2 feet off. Page 7, 1st paragraph, should read: "He noted the pad elevations will be reviewed ~ staff. Then the accurate information would be given to the Commission. Page 7, 7th paragraph down, 2nd sentence, should read: "She feels the 80 ft. landscape buffer at the intersection is adequate and..." Page 11, last paragraph, should read: "There was Commission consensus to Chr. Caldwell's suggestions of adding the limitation of eight homes on Ronnie Way and that the pad Planning Commissio~inutes • Meeting of July 8, 1992 Page 2 ----------------------------------------------------------------- elevations be confirmed to coincide with the existing grade of the property." Commissioner Favero had the following corrections: Page 8, 6th paragraph down should be clarified as follows: Com. Favero asked if this parcel or plot should be given further consideration in regard to preserving it for open space. He feels this (parcel) is one of the most predominant pieces of property in the City and this issue needs to be addressed. He noted..." Page 9, 9th paragraph, should read: Com. Favero stated that the applicant indicated that he would be willing to listen..." Page 9, 11th paragraph, should read: "Com. Favero stated that he is proposing that the City consider acquisition..." BOGOSIAN/DURRET MOVED TO APPROVE THE MINUTES OF JUNE 24, 1992, AS AMENDED. PASSED 5-0. ORAL COMMUNICATIONS None REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on July 2, 1992. Technical Corrections to Packet Planner Walgren noted the following corrections to the packet: Relating to Item #4, Kerwin Ranch Subdivision: Page 33, Condition 6d, 2nd sentence, should read: "Temporary access across this strip to the existing farmhouse and for Phase 1 and 2 construction purposes shall be permitted at the locations indicated on the approved Tentative Map until construction work is ..." Page 38, condition 34, middle of the paragraph, the words pedestrian walkway should be changed to pedestrian easement. PUBLIC HEARING CONSENT CALENDAR Commissioner Bogosian removed Item # 1. 2. DR-92-020 - Fine; 14075 Saratoga Ave., request for design review approval to construct a second story deck which exceeds the allowable 5 foot underfloor clearance by 4.5 feet per Chapter 15 of the City Code. The parcel is Planning Commissionmutes i Meeting of July 8, ~i992 Page 3 approximately 27,791 sq. ft. in area and is located within the R-1-20,000 zone district. ------------------------------------------------------------ 3. DR-92-022 - Hendon; 14257 Douglass Ln., request for design review approval to construct a second story deck which exceeds the allowable 5 foot underfloor clearance by 3 feet per Chapter 15 of the City Code. The parcel is approximately 39,000 sq. ft. and is located within the R-1-20,000 zone district. ------------------------------------------------------------ DURRET/FORBES MOVED TO APPROVE THE PUBLIC HEARING CONSENT CALENDAR. PASSED 5-0. 1. LL-92-003 - Morrison; 19590 Juna Ln., Fox; 19630 Juna Ln., request for lot line adjustment approval to relocate an existing lot line between a 43,939 sq. ft. parcel and a 53,272 sq. ft. parcel per Chapter 14 of the City Code. Both parcels are over one (1) acre in size and are located within the R-1-40,000 zone district. ------------------------------------------------------------ Commissioner Bogosian inquired if the reason for the requested lot line adjustment was related to an impervious coverage issue on the larger of the parcels. Planner Walgren stated that he was not sure of the reason behind the request and explained that both parcels comply with City development regulations in regard to lot coverage, setbacks and floor area ratios. BOGOSIAN/DURRET MOVED TO APPROVE LL-92-003. PASSED 5-0. PUBLIC HEARINGS 4. SD-91-005 - Kerwin Ranch L.P., 13616 Fruitvale Ave., request for tentative map approval to subdivide an~11.6 acre site into sixteen (16) single family residential parcels ranging from 20,000 to 32,000 sq. ft. in size. The subject property is located at the southeast corner of Saratoga and Fruitvale Avenues, within an R-1-20,000 zone district, and is proposed to be accessed by two cul-de-sacs; one an extension of Ronnie Way serving eight (8) parcels, and the other accessing Saratoga Avenue, aligned with Scotland Dr., serving the remaining eight (8) parcels (cont. 7-0 from 6/24/92 to prepare and adopt tentative map conditions of approval and an environmental Negative Declaration; application expires 7/21/92). Planning Commissio~Tinutes Meeting of July 8, 1992 Page 4 ----------------------------------------------------------------- Planner Walgren presented the Report dated July 8, 1992 to the Commission. He called the Commission's attention to two letters, one from Debra Cobbles and the other from David Pearce, received after distribution of the packets. Planner Walgren addressed the concerns raised in the letters and answered questions from the Commission with regard to the project. Commissioner Favero expressed concern regarding the $50,000 cap on the necessary improvements resulting from the realignment of Fruitvale Avenue and Saratoga Avenue. He questioned whether this amount would be sufficient and who is responsible for determining the amount. City Attorney explained that the City Engineer typically determines the cap on the cost of street improvements. Commissioner Favero stated that he will withdraw his support expressed at the last Planning Commission meeting, for the City's consideration of acquisition of the subject land for Open Space. He also stated that he feels that a 30 foot public easement is not large enough and expressed support for a 40 foot easement. Commissioner Forbes asked if staff foresaw any traffic problems at the Fruitvale/Saratoga intersection due to the opening of Highway 85. Staff indicated that they did not and Commissioner Forbes then stated that he was in favor of the $15,000 cap on the intersection improvements. He also expressed support for an off- street bike lane and a meandering pathway. Chairperson Caldwell noted that the City Council would be discussing the acquisition of Open Space at a future meeting. Chairperson Caldwell opened the public hearing at 8:04 p.m. Linda Davis, applicant, spoke in favor of the application and appealed to the Planning Commission for a decision at this meeting so that they may proceed .with the process. Bill Heiss, Project Civil Engineer, gave a presentation in review of the proposed Tentative Map, the proposed conditions on the Tentative Map, development phasing, enlargement of the landscape easement, and the pathway width. He spoke in favor of the application and asked that the Commission make a decision on the application. Chairperson Caldwell clarified that the public hearing had not been noticed since it had been closed at the last Planning Commission meeting and therefore no new information or testimony would be taken from the general public. She explained that the Commission is taking comments from the applicant in way of an explanation and clarification of changes. City Attorney noted that it was her opinion that there was nothing presented by the application that constitutes new information. Planning Commissic~iinutes • Meeting of July 8, 1992 Page 5 ----------------------------------------------------------------- Commissioner Favero questioned as to why the applicant was allowed to address the Commission with proposed new changes, but the public would not be allowed to address these proposed changes. He stated that the two letters, as mentioned above, and a letter from Commissioner Moran dated June 28, 1992, presented new information and that the public should be given a chance to address the information. Chairperson Caldwell and Commissioner Favero expressed support for re-opening the public hearing. City Attorney explained that since the public hearing had been closed at the last meeting, and noticing did not take place in order to inform the general public that they would be given the opportunity to speak, the public ;hearing should not be re-opened. She stated that it would be improper to re-open the public hearing without renoticing since only those present a would have a chance to speak. Commissioner Bogosian stated that he supported continuing the item so re-noticing could take place and the public hearing could be re-opened. BOGOSIAN/FAVERO MOVED TO CONTINUE THE ITEM TO THE 1ST MEETING IN AUGUST IN ORDER TO ALLOW TIME FOR RE-NOTICING OF THE RE-OPENING OF THE PUBLIC HEARING. Following a discussion among the Commission, the City Attorney and the staff, Chairperson Caldwell addressed the applicant explaining the Commission's desire to continue the item to the August 12, 1992 meeting. She asked if the applicant would be willing to request an extension for the application so the Commission could continue the item. Linda Davis, applicant, stated that she felt that no new information had been received to constitute re-opening the public hearing. She requested she be given a few minutes to consult with her legal counsel regarding requesting a time extension of the application. At 8:27 p.m. the Commission took a break. The meeting was reconvened at 8:37 p.m. Chairperson Caldwell called upon Linda Davis for her decision regarding requesting a time extension for the Kerwin Ranch Subdivision application. Linda Davis requested that an extension be given to the application in order to allow the proper noticing to take place so the public hearing could be re=opened at the August 12 meeting. She also requested the Commission to conduct their deliberation on the major items at the current meeting. Chairperson Caldwell, Commissioners Bogosian, Durket, and Favero expressed support in waiting to deliberate on the item until the Planning Commission Minutes Meeting of July 8,92 • Page 6 formally noticed public hearing at the August 12 Planning Commission meeting. Commissioner Forbes expressed his support for conducting the Commission's deliberation on the item at the present meeting. The Commission did not conduct deliberations at this meeting. Chairperson Caldwell called for a vote on the motion made by Bogosian/Favero. THE MOTION PASSED 4-1 (FORBEB OPPOSED). 5. DR-92-006 - Black, 18532 Paseo Pueblo, request for design review approval to construct an 865 sq. ft. second story addition and 175 sq. ft. of first floor area to an existing 2,284 sq. ft. one-story residence per Chapter 15 of the City Code. The property is approximately 11,542 sg. ft. in size and is located within an R-1-10,000 zone district (cont. 7-0 from 6/24/92 due to the late hour of the meeting). ------------------------------------------------------------ Planner Walgren presented the Report dated June 24, 1992. Chairperson Caldwell opened the public hearing at 8:48 p.m. Rob Black, applicant, 18532 Paseo Pueblo, gave a presentation in explanation of the application and spoke in favor of the proposed project. Chairperson Caldwell noted that a petition had been submitted to the Commission from neighbors opposing the second story addition at the last public hearing and did not appear in the packet, but had been distributed to the Commission at this evening's meeting. BOGOBIAN/DURRET MOVED TO CLOSE THE PUBLIC HEARING AT 8:54 P.M. PASSED 5-0. DURRET/BOGOSIAN MOVED TO APPROVE DR-92-006. PASSED 3-2 (CALDWELL AND FAVERO OPPOSED FOR THE REASON THAT THE NEIGHBORHOOD IS A PRIMARILY SINGLE-STORY NEIGHBORHOOD AND THEREFORE THE TWO-STORY DESIGN IB NOT IN BEEPING WITH THE CHARACTER OF THE EXISTING NEIGHBORHOOD). 6. 8UP-91-005 - McCullough, 14985 & 14981 Quito Rd., request V-91-013 - for second-unit use permit approval to allow two existing second dwelling units, located on contiguous separate parcels, to be legalized pursuant to Chapter 15 of the City Code. The subject parcels are 1.1 and 1.2 acres in size (cont. 7-0 from 6/24/92 due to the late hour of the meeting). ------------------------------------------------------------ Planner Walgren presented the Report dated June 24, 1992 to the Commission and answered questions in regard to the application. Chairperson Caldwell opened the public hearing at 9:00 p.m. Planning Commission Minutes Meeting of July 8,92 • Page 7 ----------------------------------------------------------------- Doug Adams, 19100 Cox Avenue, attorney representing the applicant, gave a presentation in support of the applications. Connie Hamel, 15001 Quito Road, expressed concern regarding the failure to find building permits on the various second living units which exist on the property. She spoke of noise, traffic, and after dark activity problems which are a result of the residents of the numerous second living units. She also answered questions from the Commissioners regarding the reported problems. She expressed concern regarding fire hazard issues. Commissioner Forbes questioned the staff as to the fire hazard issues raised by Ms. Hamel. Planner Walgren stated that the development, as it currently exists, had recently received fire clearance from the Fire Department. DURRET/BOGOSIAN MOVED TO CLOSE THE PUBLIC HEARING AT 9:30 P.M. PASSED 5-0. BOGOSIAN/DURRET MOVED TO DIRECT STAFF TO DRAFT A RESOLUTION FOR APPROVAL OF V-91-013 TO ALLOW FOR A 5TH SECOND LIVING IINIT BASED ON THE FINDINGS THAT THE UNIT WAS BUILT PRIOR TO THE SECOND LIVING UNIT ORDINANCE, THAT THE PROBLEMS REPORTED ARE NOT UNIISUAL TO ANY OTHER NEIGHBOR PROBLEMS, AND THAT THE UNITS PROVIDE AN OPPORTUNITY FOR AFFORDABLE HOUSING. Commissioner Favero suggested that the unit be allowed to remain as long as the current occupant continues to reside in the subject unit and at the time which that person ceases to occupy the unit, the use of the unit be denied and the unit removed. Commissioner Bogosian stated that he would be willing to tie the use permit approval to the current owner of the property. Thus when the current owner no longer possesses the property the unit shall be removed. Commissioner Forbes stated that he felt that the Commission is being asked to legalize an illegal structure in order to assist the City in meeting its affordable housing goals. He also stated that he felt an approval of the variance and use permit would grant the applicant a special privilege. Commissioner Durket expressed support for Commissioner Bogosian's suggestion. City Attorney stated that she did not believe that it would be valid to approve a condition on the variance based on ownership of the property, but would be valid to condition the variance on the tenancy as suggested by Commissioner Favero. Commissioner Caldwell expressed support for Commissioner Favero's suggestion. Planning Commission Minutes Meeting of July 8,92 • Page 8 THE MOTION DID NOT PASS. 2-3 (CHAIRPERSON CALDWELL, FAVERO AND FORBES OPPOSED). COMMISSIONER FAVERO/CALDWELL MOVED TO DIRECT STAFF TO DRAFT A RESOLUTION FOR APPROVAL OF V-91-013 WITH THE CONDITION THAT THE VARIANCE BECOME VOID WHEN THE CURRENT TENANT OF UNIT 5 VACATES THAT UNIT. Commissioner Bogosian asked the City Attorney whether under Commissioner Favero's suggestion the property owner and the current tenant could sublease the 5th unit in order to prolong the legalization of the unit. Commissioner Durket stated that he felt that this condition gave the tenant too much control over .the existence of the unit. Commissioner Bogosian stated that he would be in favor of conditioning the variance for the 5th unit to the current property owner's continuation to reside on the property. City Attorney explained that based on Commissioner Favero's motion when the current tenant moves from the 5th unit the variance would lapse, therefore occupancy of the unit by anyone other than the current tenant would trigger the requirement to remove the unit. THE MOTION DID NOT PASS 2-3 (COMMI88IONER'8 FORBES, DURRET, AND BOGOSIAN OPPOSED). COMMISSIONER FORBES MOVED TO DENY THE V-91-013 PER THE STAFF RECOMMENDATION WITH THE ADDED CONDITION THAT THE CURRENT TENANT BE GIVEN 90 DAYS TO VACATE THE UNIT. THE MOTION DIED FOR LACK OF A SECOND. FAVERO/FORBES MOVED TO DENY V-91-013 AS RECOMMENDED IN THE STAFF REPORT. Commissioner Favero stated that he felt this motion should be voted down because it is a disservice to the existing tenant. He also stated that all the rest of the thought associated with what might happen is worrying about irrelevancies. Commissioner Bogosian stated that he felt that this was a unique, existing, situation and that it would be an inequity to essentially shut it down for no cause per an ordinance that came into existence long after the subject property's use had begun. Chairperson Caldwell expressed support for Commission Bogosian's statement. She also explained that she had hoped to come to a solution that provided assurance to the neighbor's that the density would decrease and at the same time protect Mrs. McCullough's equity in the established use of her property. She stated that she could not support the motion. THE MOTION DID NOT PASS 2-3 (CALDWELL, DURRET, AND BOGOSIAN OPPOSED). Planning Commissic~Iinutes • Meeting of July 8, 1992 Page 9 ----------------------------------------------------------------- BOGOSIAN/DURRET MOVED TO DIRECT STAFF TO DEVELOP A RESOLUTION TO APPROVE V-91-013 FOR THE FIFTH UNIT. THE RESOLUTION IS TO COME BACK BEFORE THE PLANNING COMMISSION FOR FINAL REVIEW. PASSED 3-2 (FAVERO AND FORBES OPPOSED.) Following a brief discussion, FORBES/BOGOSIAN MOVED TO CONTINUE THE ITEM TO THE NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING WHERE THE PUBLIC HEARING WILL BE RE-OPENED. PASSED 5-0. DURRET/FORBES MOVED TO APPROVE SUP-91-005. PASSED 5-0. The Commission took a break at 9:55 p.m. and reconvened at 10:09 p.m. 7. DR-89-039.1 - Pearce, 20932 Hidden View Ln., request for design review approval to convert 326 sq. ft. of attic space above a garage of an approved 7,570 sq. ft. one-story home to habitable space per Chapter 15 of the City Code. The subject parcel is approximately 6.3 acres in area and is located within the HC-RD zone district (cont. 7-0 from 6/24/92 due to the late hour of the meeting). ------------------------------------------------------------ Planner Walgren presented the Report dated June 24, 1992, to the Commission and answered questions regarding the project. Chairperson Caldwell opened the public hearing at 10:10 p.m. David Pearce, applicant, 678 Regis Drive, Campbell, spoke in favor of his application explaining that the residence would be his personal residence when completed and that proposed project is in-line with the City's objectives. Chairperson Caldwell noted that the Commission had received Mr. Pearce's letter. DURRET/BOGOSIAN MOVED TO CLOSE THE PUBLIC HEARING AT 10:13 P.M. PASSED 5-0. DURRET/FAVERO MOVED TO APPROVE 89-039.1. PASSED 5-0. 8. SM-92-001 - Tager, 14105 Pike Rd., request for site modification to previously approved plans for an existing single family residence in order to construct a pool, spa, and an 837 sq. ft. deck per Chapter 15 of the City Code. The parcel is 1.2 acres in area and is located within the NHR zone district (cont. 7-0 from 6/24/92 due to the late hour of the meeting). ------------------------------------------------------------ Planner Walgren presented the Report dated June 24, 1992 to the Commission . At 10:15 p.m. Chairperson Caldwell opened the public hearing. Planning Commissic~+iinutes • ,. Meeting of July 8, 1992 Page 10 ----------------------------------------------------------------- Steve Tager, applicant, 14105 Pike Road, spoke in support of his application. Chairperson Caldwell verified with staff that Condition 3 would specify that a solid row of 15-gallon escallonia shrubs would be planted 2.5 feet on center. Planner Walgren stated that this requirement is specified in Condition #3 and that this was a technical correction to Condition 3 made at the beginning of the last Planning Commission meeting. DURRET/BOGOSIAN MOVED TO CLOSE THE PIIBLIC HEARING AT 10:17 PM. PASSED 5-0. '.B~OGOSIAN/FAVERO MOVED TO APPROVE.SM-92-001. PASSED 3-2 (DURRET ' AND FORBES OPPOSED). 9. DR-92-003 - Graziano, 14055 Chester Ave., request for UP-92-003 - design review approval to construct a 2,034 sq. ft. accessory structure/detached garage on a 41,270 sq. ft. parcel pursuant to Chapter 15 of the City Code. The request also involves use permit approval to locate one portion of the garage 5 feet into the rear yard setback. The parcel is located within the R-1-40,000 zone district (cont. 7- 0 from 6/24/92 due to the late hour of the meeting). ------------------------------------------------------------ Planner Walgren presented the Report dated June 24, 1992, and answered questions related to the project. Chairperson Caldwell opened the public hearing at 10:19 p.m. Project Architect, 14630 Big Basin Way, described the project and the site, and explained the need for the proposed structure and his attempts to minimize impact of the garage. He spoke in favor of the application. BOGOSIAN/FAVERO MOVED TO CLOSE THE PUBLIC HEARING. PASSED 5-0. Commissioner Favero stated that he could not support approval of the structure because he felt the structure was too large for a residential district. Commissioner Durket concurred with Commissioner Favero's comment. Bogosian stated that he could support the application because it appeared to be well screened, would not impinge upon anyone's privacy, and would allow the applicant to have reasonable enjoyment of his premises. BOGOSIAN/FORGES MOVED TO APPROVE DR-92-003. PASSED 3-2 (DURRET AND FAVERO OPPOSED). •Planning Commissi~Iinutes • Meeting of July 8, 1992 Page 11 ----------------------------------------------------------------- BOGOSIAN/FORBES MOVED TO APPROVE UP-92-003. PASSED 3-2 (DURRET AND FAVERO OPPOSED). 10. City of Saratoga - Housing Element, the City of Saratoga Planning Commission will review and comment on the draft Housing Element and Negative Declaration. ------------------------------------------------------------ Planning Director Curtis presented the Report dated July 8, 1992 to the Commission and answered questions from the Commission. Commissioner Favero referred to page 14 of the proposed Housing Element, with regard to #11 where the Paul Mason Winery site is mentioned. Commissioner Favero stated that it was his understanding that all references to specific sites would be deleted from the Element. He requested that this action be taken. Planning Director Curtis stated that it was his understanding, at the previous work sessions, that a decision had not been made whether to strike mention of specific sites or not. Commissioner Favero stated his disagreement with the Director's response and requested that if this particular site was mentioned then other sites should also be mentioned. He favored deleting any reference to specific sites. Commissioner Durket noted that the Commission had received a letter from the in regard to the Housing Element. Chairperson Caldwell noted that the language which reflects that there are virtually no industrial land uses in Saratoga, that was removed from page 17, Goal 6 of the proposed Housing Element should be inserted into the City's General Plan as the Commission had requested. She expressed concern that language to this effect not be lost. Planning Director Curtis indicated that the appropriate place for language reflecting the absence of industrial land in Saratoga would be in the Land Use Element of the General Plan and this language would be presented to the Commission at a meeting scheduled to review the Land Use Element. Commissioner Favero stated he felt the development of sensitive transition mentioned on page 17, Goal 6, #2, should not be limited to single-family residential uses, but should extend to all residential uses. At 10:50 p.m., Chairperson Caldwell opened the public hearing. Ronald Cook, 19263 Brockton Lane, submitted a copy of comments on the proposed Housing Element from the Santa Clara County Council of Churches and Mrs. Raush, member of the Affordable Housing program. Mr. Cooke stated that he felt the proposed Housing Element would not be approved by the State because it does not address the issues or meet the objectives outlined by the State. Planning Commissic~Iinutes Meeting of July 8, 1992 Page 12 ----------------------------------------------------------------- He also submitted a copy of his comments for the Commission's review. Chairperson Caldwell and Commissions Favero and Durket expressed support of continuing the public hearing to the August 12 Planning Commission meeting in order to allow the Commission time to review the comments submitted by Mr. Cook and others. Following a brief discussion regarding this option, BOGOSIAN/FAVERO MOVED TO CONTINUE THE ITEM TO THE AUGUST 12 PUBLIC HEARING. PASSED 5-0. 11. DR-92-017 - Byrne; 20115 .Bonnie Brae Way, request for design review approval to remodel an existing 2,755 sq. ft. one-story residence and expand it with a one and two-story addition totaling 4,668 sq. ft. The subject property is 22,274 sq. ft. in size and is located within an R-1- 20,000 zone district. ------------------------------------------------------------ Planner Walgren presented the Report dated July 8, 1992 to the Commission. Mr. and Mrs. Byrne, applicants, spoke in favor of their application and addressed such issues as landscaping and mitigation of privacy impacts. They also answered questions from the Commission with regard to their project. Irvin Hass, project architect, spoke in favor of the design and also answered questions regarding the proposed remodel and addition. Resident of 20131 Bonnie Brae Way, spoke in support of the proposed project. BOGOSIAN/DURRET MOVED TO CLOSE THE PUBLIC HEARING AT 11:15 P.M. PASSED 5-0. BOGOSIAN/DURRET MOVED TO APPROVE DR-92-017 AS RECOMMENDED IN THE STAFF REPORT. PASSED 5-0. 12. V-92-006 - Pohle; 15135 El Camino Grande, request for variance approval to allow a garage addition to encroach approximately 15 ft. into the required 20 ft. side yard setback and to exceed the allowable impervious coverage by approximately 8~ per Chapter 15 of the City Code. The parcel is 1.09 acres in net site area and is located in the R-1-40,000 zone district. ------------------------------------------------------------ Planner Walgren presented the Report dated July 8, 1992 to the Commission and answered their questions in regard to the application. Chairperson Caldwell opened the public hearing at 11:25 p.m. planning Commissi~inutes .: Meeting of July 8, 1992 Page 13 ----------------------------------------------------------------- Mr. Zambetti, 14540 Biq Basin Way, representing the applicant, gave a presentation in explanation and support of the application. He also answered question of the Commission. FAVERO/BOGOSIAN MOVED TO CLOSE THE PUBLIC HEARING AT 11:35 P.M. PASSED 5-0. Commissioner Favero stated that he could support the variance because he saw no adverse impacts as a result of the project. Commissioner Durket concurred with Commissioner Favero's comment. Commissioner Bogosian also expressed his support for the variance stating that he could not make the findings for a denial. He stated he felt that a denial of the variance would deny the applicant reasonable use of his property. He also felt that the existing trees and vegetation made it difficult to place the structure elsewhere on the property. DURRET/FAVERO MOVED TO DIRECT STAFF TO DRAFT A RESOLIITION TO APPROVE V-92-006. PASSED 5-0. It was the consensus of the Commission that this item should be placed on the Consent Calendar. DUE TO THE HOUR, BOGOSIAN/FORGES MOVED TO CONTINUE ITEMS 13, AZO-92-001 - City of Saratoga, Amendment to the Fence Ordinance Article 15-29 of the City Code, ,AND 14, AZO-92-003 - City of Saratoga, Amendment to Zoning Regulations,) TO THE NE%T PLANNING COMMISSION MEETING. PASSED 5-0. DIRECTOR'S ITEMS COMMISSION ITEMS Commissioner Durket announced that he would not be present for the August Planning Commission meeting. Chairperson spoke to the incident that took place earlier in the evening regarding the Kerwin Ranch Subdivision. She requested that, in the future, staff remind the Commission of the consequences when closing the public hearing on such significant projects. Commissioners Favero, Durket and Bogosian again expressed their desire to give the citizens every possible opportunity to speak on an item appearing on the agenda. COMMUNICATIONS Written 1. City Council Minutes - 6/17/92 - Manning Commissiollinutes Meeting of July 8, 1992 Page 14 ----------------------------------------------------------------- Oral Cit Council ADJOURNMENT FAVERO/BOGOSIAN MOVED TO ADJOURN THE MEETING AT 11:50 P.M. PASSED 5-0. Andrea M. Chelemengos Minutes Clerk