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HomeMy WebLinkAbout03-13-1996 Planning Commission minutesJ\ ~~ ~ Yi,ANNING COMMISSION MINUTE. MARCH 13, 1995 City Council Chambers, 13777 Fruitvale Avenue Regular Meeting Vice-chairman Kaplan called the meeting to order at 7:32 p.m. Roll Call Present: Kaplan, Patrick, Pierce, Siegfried Late: None Absent: Abshire, Asfour, Murakami Staff: Community Development Director Curtis PLEDGE OF ALLEGIA:tiCE Minutes - 2/28/96 COMMISSIONERS PATRICK/PIERCE itIOVED TO APPROVE THE MIITUTES OF FEBRUARY 28, 1996 `VITH THE FOLLOWING AMENDMENTS: - Page 6, paragraph 9, second sentence amended to read: "...However,she indicted that she had a problem with the request before the Commission as the req~tes~ pQpert~; :.............:...... does not lend itself to two separate lots.... " - Page 8, paragraph 5 amended to read: "Commissioner Siegfried stated that a possibility exists for the creation of two legal lots. ''•o~r:;:::Perhips then the .:::.::.::.. Commission ~ ~ could...ccan~sider~~~~p~rnv:ng a~•~v~r.iance xi:<setbair€, ~ to accommodate a better situation. " - Page 11, paragraph 2, line 4 amended to read: "...justifiedthe parking of the trucks on ashoit;term:::;bass. He stated that he could not support the continued use in a residential area. " - Page 11, paragraph 3, first sentence amended to read: "Commissioner Kaplan contmende;d Mr. and.:.~r~Kola~ourfls on~~rasin.g~~~two fine sons. Slid' indicated that at .:..:.:........ the site visit, she was immediately struck by the gasoline fumes a~tcl••noticed ~~itiat i€liere'' .. . vuas. a hroken ~ truck left on~~:tiite`. She acknowledged.... " - Page 13, paragraph 9, last sentence, replace the word '~" with "f'it~e;" THE MOTION CARRIED 4-0 WITH COMMISSIONERS ABSHIRE, ASFOUR AND MURAKAMI ABSENT. Oral Communications PLANNING COMMISSI~ MINUTES • MARCH 13, 1996 PAGE - 2 - Report of Posting Agenda Pursuant to Government Code 54954.2, the agenda for this meeting vas properly posted on March 8, 1996. Technical Corrections to Packet No corrections were noted. CONSENT CALE\TDAR PUBLIC HEARIl\TG CONSENT CALENDAR 1. SD-95-004 - STELLA L'~VEST~IENT CO./DOUGHERTY; 22665 GARROD RD. Request for Tentative Parcel Map approval to subdivide the 16 acre Lot 4 of the "Sung" subdivision into three individual lots of 4.7, 6.2 and 5.1 acres. The property is located within a Hillside Residential (HR) zoning district. (cont. to 4/ 10/96 at the request the applicant: City review deadline is 8/21/96). ------------------------------------------------------------- 2. DR-91-026.3 -LEE/RUEHLE; 21097 COi\~IER DR.; Request for a third, and final, one-year extension of a previously approved Design Review application to construct a new 5,221 sq. ft. two-story residence per Chapter 15 of the City Code. The subject property is currently vacant, approximately 1.9 acres in size and is located within a Hillside Residential (HR) zoning district. ------------------------------------------------------------------------------------------------- COMMISSIONERS SIEGFRIED/PATRICK MOVED TO APPROVE PUBLIC HEARING CONSENT CALENDAR ITEMS 1 AND 2 BY MINUTE ACTION. THE MOTION CARRIED 4-0 (COMMISSIONERS ABSHIRE, ASFOUR AND MURAKAMI ABSENT) . Community Development Director Curtis informed the Commission that City Attorney Riback as well as Planner Walgren were excused from tonight's meeting. PUBLIC HEARINGS 3. SD-95-009 & V-95-014 - NAGPAL; 19101 VIA TESORO CT.; Request for Tentative Parcel Map approval to subdivide a 2.46 acre lot with an existing residence into two separate building sites. The residence would be retained on Lot 1 and a new single- family residence would be built on Lot 2. Variance approval is requested to allow the existing residence to maintain a nonconforming front yard setback. Though the structure's front setback is not changing, a Variance is necessary to allow the lot to be created. The subject property is located within an R-1-40,000 zoning district. 1 PLANNING COMMISSI~ MINUTES • MARCH 13, 1996 PAGE - 3 - An environmental Negative Declaration has been prepared for the project pursuant to the California Environmental Quality Act. (cont. from 2/28/96: City review deadline is 6/6/96). Community Development Director Curtis presented the staff report. He recommended that the Commission discuss whether the applicant has responded to the Commission's concerns regarding the justification for creating two separate parcels as well as the size of the second home. Staff indicated that should the Commission feel that the applicant has responded to its concerns, that a resolution would be prepared for the Commission's approval. Should the Commission feel that its concerns have not been addressed and that it would be inappropriate to subdivide the property, that the Commission direct staff to prepare a resolution of denial for its next meeting. Vice-chairwoman Kaplan clarified that the entire issue of the subdivision of the parcel was before the Commission, not just the size of the proposed second home. Vice-chairwoman Kaplan opened this item to public hearing at 7:42 p.m. Mrs. Nagpal, applicant, stated that at the last meeting, it was her understanding that the main concern of the Commission was the impact to the existing home. She proposed to locate the future home as far back into the building envelope as possible to minimize the impact to the existing home. She indicated that a two story home would be proposed because it would minimize the building footprint. She stated that the second home is proposed to be approximately 3,000 square feet, half the square footage allowed under the current zoning district. She indicated that she would agree to increase the side setback from 20 to 50 feet. She noted that alternative two would protrude outside of the building envelope and that it would require a rear yard setback variance. COMMISSIONERS SIEGFRIED/PATRICK MOVED TO CLOSE THE PUBLIC HEARING AT 7:45 P.M. Commissioner Patrick stated that she was not impressed with the modifications proposed at the site visit. She felt that the Commission made it clear that it would consider aguest- type cottage and that the building was to be a low profile building, minimizing its impact. She did not see a 3,400 square foot two story home on either of the two alternative building envelopes doing that. Therefore, she would not approve the request. Commissioner Pierce agreed with the comments as stated by Commissioner Patrick. He felt that the existing home was a beautiful estate home and that the proposed lot with a proposed 3,400 square foot home would be inappropriate. He stated that he was enthusiastic about the possibility of a smaller guest home and indicated that he could not approve the request as proposed. Vice-chairwoman Kaplan stated that she had some real concerns from a land use stand • PLANNING COMMISSI~ MINUTES MARCH 13, 1996 PAGE - 4 - point. She felt that the lot split would create a terrible, irregular-meandering configuration and that it has been the Commission's experience that once you do so, you create all kinds of problems for the future. She felt that the existing property was beautiful and that she would hate to see it disturbed. She felt that the size of the second home would be too small and that it would be out of character with that of the neighborhood. She referred to page 9 of the February 28,199 minutes where Community Development Director Curtis clarified that the tentative map request before the Commission was discretionary. As it was a discretionary review, she felt that the request was not good planning and would vote against the request. Community Development Director Curtis recommended that the Commission include in its motion that it could not make the findings necessary to approve the tentative map and the variance applications and to direct staff to prepare resolutions for its next regularly scheduled meeting, to be placed on the consent calendar, should the Commission wish to deny the request. COMMISSIONERS SIEGFRIED/PATRICK MOVED TO DENY APPLICATIONS SD-95- 009 AND V-95-014 AND DIRECTED STAFF TO RETURN WITH RESOLUTIONS OF DENIAL FOR THE COMMISSION'S NEXT MEETING AS IT COULD NOT MAKE THE FINDINGS NECESSARY TO APPROVE THE APPLICATIONS. THE MOTION CARRIED 4-0 (COMMISSIONERS ABSHIRE, ASFOUR, MURAKAMI ABSENT). Vice-chairwoman Kaplan informed Ms. Nagpal that the appeal process would commence upon adoption of the resolution of denials by the Commission at its next meeting . 4. DR-96-001- FLICK/SitiALL; 20140 RANCHO BELLA VISTA; Request for Design Review approval to construct a new 4,421 sq. ft. two-story residence on a vacant 20,042 sq. ft. parcel per Chapter 15 of the City Code. The subject property is located within an R-1-20,000 zoning district. Community Development Director Curtis presented the staff report. He informed the Commission that a letter from Peter and Christine Rutti, 20097 Mendelsohn Lane, adjacent property owners, was received and included in the staff report. The letter states their opposition to the windows proposed to the backside of the building. Staff felt that the design of the house was appropriate for the neighborhood, noting that second story windows were not an unusual characteristic in design for that neighborhood. Therefore, staff recommended approval of the project. Vice-Chairwoman Kaplan opened this item to public hearing at 7:51 p.m. No one offered public testimony. COMMISSIONERS SIEGFRIED/PATRICK MOVED TO CLOSE THE PUBLIC HEARING AT 7:52 P.M. PLANNING COMMISSI~ MINUTES • MARCH 13 , 1996 PAGE - 5 - COMMISSIONERS PATRICK/SIEGFRIED MOVED TO APPROVE RESOLUTION DR-96-001. THE MOTION CARRIED 4-0 (COMMISSIONERS ABSHIRE, ASFOUR AND MURAKAMI ABSENT. DIRECTOR'S ITEMS No Director's items were noted. COMMISSION ITEMS 1. DR-95-033 -Houston; 14810 Sobey Rd. -Request for minor modification of approved architectural plans. Kent England, designer, informed the Commission that a potential buyer had a different opinion of what the house should look like. Therefore, minor modifications were being requested. Vice-chairwoman Kaplan stated that she liked the proposal the first time around, commenting that the design of the home was not aMediterranean-style design, that it proposed porches and that she liked the design presented. She asked if the buyers could be encouraged to make one fire place an irrevocable gas burning fireplace? Mr. England indicated that he would discuss this recommendation with his clients. He stated that his clients may wish to propose all gas burning fireplaces. Commissioner Pierce inquired as to the Commission's role with this minor modification. Community Development Director Curtis responded that a design review was approved for this site. Modifications are now being proposed to the original design review and that the Commission needs to determine if the modifications are consistent with the original approval of the home. Commissioner Siegfried stated that he particularly liked how the roof line steps down and its articulation. Mr. England indicated that he tried not to chance the foot print of the house with the exception of the slight wall change in front of the garage. He stated that the reason for pulling the garage wall out was to allow the details to be pushed up to the bottom of the windows and to provide additional space above the garage door, creating an open feeling. He noted that the original design proposed a cantilever second story. He also noted that the archways located above the garage door would help to soften the rest of the design. Commissioner Pierce indicated that Mr. Houston contacted him and that he told Mr. Houston that he did not know what action the Commission would be taking this evening. COMMISSIONERS SIEGFRIED/PATRICK MOVED TO APPROVE THE PLANNING COMMISSI~ MINUTES MARCH 13, 1996 PAGE - 6 - REQUESTED MODIFICATIONS, MAKING A FINDING THAT THE MODIFICATIONS ARE CONSISTENT WITH THE ORIGINAL APPROVAL OF THE HOME DESIGN. CO1ti1~iUNICATIO\'S - Community Development Director informed the Commission that the Kolotouros family has appealed the Commission's action on their use permit request and that the appeal is scheduled to be considered by the City Council at its meeting of April 3. Also, an appeal has been received for the Skov design review approval and that the appeal is also scheduled for the April 3 City Council meeting. He reminded the Commission that it can attend the City Council meeting if it so desires but that it is no longer a responsibility. Written 1. City Council Minutes dated 2/13, 2/21 & 2/27/96 2. Planning Commission Public Notices for 3/27/96 Oral Citv Council ADJOURIV~ZENT -There being no further business, the meeting adjourned at 7:55 p.m. to 7:30 p.m., Wednesday, March 27, 1996, Civic Theater, 13777 Fruitvale Ave., Saratoga. CA Respectfully Submitted, Irma Torrez Minutes Clerk IT\PC031396.SAR