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HomeMy WebLinkAbout07-10-1996 Planning Commission Minutes~~ `i ~ I,ANNING COMMISSION MINU'i~ JULY 10, 1996 City Council Chambers. 13777 Fruitvale Avenue Regular Meeting ---------------------------------------------------------------------------------------- Vice-chairwoman Patrick called the meeting to order at 7:30 p.m. Roll Call Present: Abshire, Asfour, Murakami, Patrick, Siegfried Late: None Absent: Kaplan, Pierce Staff: Community Development Director Curtis and Planner Walgren. City Attorney Riback was not present this evening. Pledge of Allegiance itiinutes - 6/26/96 COMMISSIONERS SIEGFRIED/ABSHIRE MOVED TO APPROVE THE JUNE 26, 1996 MINUTES WITH THE FOLLOWING AMENDMENTS: - Page 2, paragraph 7 amended to read: "Commissioner Siegfried indicated that he visited the site with Mr. E~~ 'I'eerlii~ik': on Sunday.... " - Page 5, paragraph 4 amended to read: "...Herecommended the use of kdar colors for the home.... - Page 11, paragraph 4, last sentence amended to read: "...Heindicated that the City ham cl3es -not haue jurisdiction of this parcel.... " - Page 13, paragraph 3 amended to read: "...She asked ifs=~-z~~~t~f r~eret~:. ° +'~~ a°~~°:~-~ ~~ the Cf~~ Council is swayed by fheapplit::':~::: com~~ients that they (applicant) .relies ;c~ns~aff's recommendation i.n the stf:::regort tb the Planning Commissi~m . She recommended that staff not make a recommendation one way or another to the Commission. THE MOTION CARRIED 3-0-2 WITH COMMISSIONERS ASFOUR AND MURAKAMI ABSTAINING AND COMMISSIONER PIERCE AND CHAIRWOMAN KAPLAN ABSENT. Oral Communications No comments were offered. Report of Posting Agenda Pursuant to Government Code X4954.2, the agenda for this meeting was properly posted on ~~ ~ PLANNING COMMIS~I MINUTES JULY 10, 1996 PAGE - 2 - July 3, 1996. Technical Corrections to Packet Planner Walgren informed the Commission that there vas 1 technical correction to the packet. That correction occurs to agenda item 4, V-96-009: 20890 Hidden View Lane (Williams). He indicated that the project was advertised as a variance (11 feet) from the side yard setback where 12 feet is required. He noted that the table located on page 3 of the staff report lists the side yard setback as 12 feet and that it should be corrected to read 11 feet. CONSENT CALENDAR 1. SD-95-004 - BURKE, 13485 VILLA OAKS L\.; Request for Tentative Parcel Map approval to subdivide the 15 acre (gross) Lot 18 of the Mt. Eden Estates subdivision into three individual lots of 6.1.5.1 and 3.1 acres. The property is located within a Hillside Residential (HR) zoning district (preparation of approval Resolutions continued to 7/24/96 at the joint request of the applicant and City Engineer; City review deadline is 9/20/96). ------------------------------------------------------------------------------------------------- COMMISSIONERS ASFOUR/SIEGFRIED MOVED TO APPROVE CONSENT CALENDAR ITEM 1 BY MINUTE ACTION. THE MOTION CARRIED 5-0 WITH COMMISSIONER PIERCE AND CHAIRWOMAN KAPLAN ABSENT. PUBLIC HEARING CONSENT CALENDAR Commissioner Asfour requested the removal of agenda item 2 in order to change the recommended continuance date. 3. DR-96-022 - SL1V, 14360 DOLTGLASS LA\E; Request for Design Review approval to construct a 5,820 sq. ft. t~vo-story residence pursuant to Chapter 15 of the City Code. The application includes an exemption request from the floor area reduction requirement for building heights over 18 ft. An additional request has been made to grade within an open space easement/riparian area. The subject property is 65,166 sq.~ft. and is located in an R-1-20,000 zoning district (continued to 7/24/96 at the request of the applicant for additional time to complete plan revisions; City review deadline is 11/1/96). ------------------------------------------------------------------------------------------------- COMMISSIONERS SIEGFRIED/ASFOUR MOVED TO APPROVE PUBLIC HEARING CONSENT CALENDAR ITEM 3 BY MINUTE ACTION. THE MOTION CARRIED 5-0 WITH COMMISSIONER PIERCE AND CHAIRWOMAN KAPLAN ABSENT. 2. DR-95-048 - CLARK,12189 PARKER RANCH ROAD; Request for Design Review approval to construct a new 3,366 square foot two-story residence on an undeveloped parcel pursuant to Chapter 15 of the Saratoga City Code. The subject property is approximately 47,180 square feet in gross area and is located in a Hillside PLANNING COMMIS MINUTES JULY 10, 1996 PAGE - 3 - Residential zoning district (continued to 7/24/96 at the request of the applicant for additional time to complete plan revisions; City review deadline is 1/9/97). Commissioner Asfour stated that staff has recommended that the public hearing for agenda item 2 be continued to August 14. 1996. COMMISSIONER ASFOUR/SIEGFRIED MOVED TO CONTINUE THE PUBLIC HEARING FOR AGENDA ITEM 2 TO AUGUST 14, 1996. THE MOTION CARRIED 5-0 WITH COMMISSIONER PIERCE AND CHAIRWOMAN KAPLAN ABSENT. PUBLIC HEARL\TGS 4. V-96-009 - WILLIAI~IS,20890 HIDDEN VIEW LN.; Request for Variance approval to allow a detached 528 sq. ft. garage to be constructed partially within a required side yard setback -the garage would be located 11 ft. from the south property line where 20 ft. is the minimum setback required. The property is 2.06 acres in size and is located within an R-1-40,000 zoning district. ------------------------------------------------------------------------------------------------- Planner Walgren presented the staff report. Vice-chairwoman Patrick opened this item to public hearing at 7:35 p.m. There were no speakers for agenda item 4. COMMISSIONERS SIEGFRIED/ASFOUR MOVED TO CLOSE THE PUBLIC HEARING AT 7:36 P.M. Commissioners Siegfried and Abshire indicated that they did not have a problem with the variance request. Commissioner Murakami stated that he and vice-chairwoman Patrick visited the site and indicated that he did not have any problem with the request. Vice-chairwoman Patrick concurred that she did not have a problem with the request. COMMISSIONERS ASFOUR/SIEGFRIED MOVED TO APPROVE RESOLUTION NO. V-96-009 PER THE STAFF REPORT. THE MOTION CARRIED 5-0 WITH COMMISSIONER PIERCE AND CHAIRWOMAN KAPLAN ABSENT. ~. 5-96-002 & V-96-012 - SAi~1FILIPPO, 18809 COX AVENUE; Request for approval to construct a new 25 sq. ft. , 5.6 ft. tall, externally illuminated, freestanding, multi- tenant redwood identification sign for the Quito Courtyard office building. The application includes a Variance request to locate the sign 10 ft. from the front property line, where 15 ft. is the minimum setback required per the City Code. The subject property is located within the C-N (Neighborhood Commercial) zoning district. PLANNING COMMIS~i T MINUTES • JULY 10, 1996 PAGE - 4 - Planner Walgren presented the staff report. Commissioner Murakami inquired as to the setback requirements for the commercial zoning district? He asked whether adequate spacing could be provided in the future to avoid this situation? Planner Walgren responded that signs are typically approved as part of the center's development under a use permit, noting that they were always located within the front yard setback. If monument signs are proposed, they are located away from the building, within the front of the property. He felt that there should be an exception for signs in commercial districts. If a commercial building meets other criteria, staff did not believe that a sign would need to meet a building setback requirement. Commissioner Abshire asked if there is to be a street number placed on the sign. Planner Walgren responded that an address number would be located at the top of the sign. Vice-chairwoman Patrick opened this item to public hearing at 7:39 p.m. There were no speakers for agenda item 5. COMMISSIONERS SIEGFRIED/MURAKAMI MOVED TO CLOSE THE PUBLIC HEARING AT 7:39 P.M. Commissioners Murakami and Siegfried stated their support of the request. COMMISSIONERS SIEGFRIED/ASFOUR MOVED TO APPROVE RESOLUTION NO. V-96-012 PER THE STAFF REPORT. THE MOTION CARRIED 5-0 WITH COMMISSIONER PIERCE AND CHAIRWOMAN KAPLAN ABSENT. COMMISSIONERS SIEGFRIED/ASFOUR MOVED TO APPROVE RESOLUTION NO. 5-96-002 PER THE STAFF REPORT. THE MOTION CARRIED 5-0 WITH COMMISSIONER PIERCE AND CHAIRWOMAN KAPLAN ABSENT. 6. DR-96-026, V-96-006 - VIDA\AGE,12528 SPRING BLOSSOlt1 COURT; Request for Design Review approval to construct a new 3,741 sq. ft. single story residence on a vacant lot with a net site area of 14,004 sq. ft. The application includes a Variance request to allow the structure to deviate from the lot depth percentage-based rear yard setback. The property is located within the R-1-12.500 zoning district. Planner Walgren presented the staff report. He informed the Commission that condition 3 addresses the concerns raised by the neighbors that the pad grade may be changed during construction. He noted that condition 3 specifies that the building has to be built at the existing grade level and that this would be verified by a civil engineer prior to the issuance of a building permit. Staff recommended approval of the design review and variance to the rear yard setback. Vice-chairwoman Patrick opened this item to public hearing at 7:43 p.m. PLANNING COMMISS~V MINUTES • JULY 10, 1996 PAGE - 5 - David Britt, project designer, concurred with the staff report and indicated that he would agree to answer any questions which the Commission may have. Commissioner Murakami inquired as to the height of the building pad. He indicated that one of the homes that has been built in this area was recently raised t~vo feet and that a question was raised regarding this lot as far as whether this lot would also be raised. Mr. Britt responded that there were two homes currently under construction. He indicated that lot 4 was built on the existing grade instead of digging out the required subfloor. Lot 5 has provisions to require that the subfloor be excavated. Therefore, it would not be raised. He noted that the Kerwin Ranch subdivision vas built similar to that of lot 4. Vice-chairwoman Patrick noted that a lot of dirt has been piled on the lot. She asked what the applicant intends to do with the dirt? Mr. Britt responded that it was his belief that the applicant would use the dirt for landscaping or that it would be smoothed out over the lot. Commissioner Siegfried asked staff about the difference in foundation construction. He asked if a condition was included to require grading at the required subfloor. Planner Walgren responded that the resolution includes conditions that would ensure that the building does not exceed 18 feet from the current grade. Paul Campbell, 12578 Wardell Court, indicated that he lives directly behind the home that was raised (lot 4). He expressed concern that he nor Mr. Lau received notice of this hearing, noting that a neighbor informed him of this meeting. He indicated that Mrs. DeBianco received her public notice on Monday and that she was not able to attend the meeting nor submit her comments in writing regrading this request. He requested that the variance be denied as he did not receive notice of this public hearing. He indicated that he went to the building department to obtain information regardingy setback requirements, noting that the Ordinance vas adopted in 1992 that stipulates that all vacant lots are required to have 25 percent of their yard depth at their rear setback which would equal 45 feet in this case. He felt that the City should make homes comply with city codes. He asked if other homes would be exempt from meeting setback requirements? He felt that there were enough individuals present that are concerned with the construction of the home on this site. If the variance is considered and granted, he felt that the City may need to consider Measure G and put the request before the voters. Commissioner Murakami asked Mr. Campbell if he received the original notice on the development itself. Mr. Campbell responded that he has been present since 1991 when development occurred and that he vas notified of previous hearings and that he was in attendance at those meetings. Commissioner Asfour asked staff to clarify to the audience the status of this request regards to Measure G. Community Development Director Curtis stated that this project was not one that was subject to Measure G. PLANNING COMMIS~I MINUTES • JULY 10, 1996 PAGE - 6 - Sue Campbell, 12578 Wardell Court, indicated that she resides adjacent to this property. She concurred with the comments as expressed by her husband. It was her belief that the neighbors were intentionally deleted from receiving notice of this request. She felt that the applicant does not want the neighbors to be notified. She felt that the lack of notice warrants denial of the variance request and that she felt that city codes should be followed. Ann Ryan, 20563 Wardell Road, informed the Commission that she resides directly behind the fence from the home being considered for a variance. Her husband and her neighbor, Mr. and Mrs. DeBianco strongly oppose any variance that would place the home closer to the fence. Having the home overlooking her fence would be unbearable. She requested that the variance be denied. Commissioner Abshire asked how far back Mrs. Ryan's home was from the lot line. Ms. Ryan responded that she did not have that information. Commissioner Asfour asked staff to identify the location of the neighbors who addressed the Commission this evening. Planner Walgren identified the lots as being lots 68 and 73 as shown on the vicinity map. Mr. Britt stated that he felt that the design proposed was a reasonable solution for this difficult site. He felt that the home vas designed to be compatible with the existing homes and the subdivision. He felt that if the home was designed with a 45 foot rear setback, the home would be pushed up closer to the eastern and the southern property lines, adversely affecting the adjacent homes, making the home less compatible with those of the neighborhood. Vice-chairwoman Patrick noted that the rear property line jogs back further than the adjacent parcels. Mr. Britt indicated that the rear property line vas setback 15 feet further than lots 78 and 79. He stated that he did not know how far the home located on lot 60 vas setback from the rear property line. COMMISSIONERS MURAKAMI/SIEGFRIED MOVED TO CLOSE THE PUBLIC HEARING AT 7:58 P.M. Commissioner Asfour stated that it vas his belief that the neighbors were upset that they were not notified of this hearing date. Community Development Director Curtis stated that a speaker indicated that the applicant intentionally left the neighbors' names off the list. He clarified that the owner does not generate the hearing list. He indicated that the City contracts to a provider who uses the latest County Tax Assessors Roll. He stated that he would need to review the file to determine who was notified of this hearing date. Commissioner Siegfried stated that Vice-chairwoman Patrick brought up a good point that the rear property line jogs back further than lots 78 and 79. He indicated that his initial reaction was to grant the variance. However, he was not sure whether the applicant should PLANNING COMMIS~T MINUTES • JULY 10, 1996 PAGE - 7 - take another look at redesigning the home to achieve a greater setback. He stated that he was sympathetic with the applicant and that the adjacent neighbors would need to understand that the lot was created under a different ordinance than what currently exists. Under the previous ordinance, it vas believed that a 26 foot rear setback would be sufficient. He felt that a problem exists and that it could be addressed by some form of variance. He recommended that the applicant be requested to return with a redesign. Commissioner Murakami stated that he senses hostility with the neighbors. He felt that maybe the developer may have had a poor relationship with the neighbors. He concurred with the recommendation that the applicant investigate a redesign. Commissioner Abshire felt that this parcel could be interpreted as a flag lot. In view of the neighbors' comments, he could not approve the variance. He recommended that the applicant consider a redesign. Commissioner Asfour stated that it was his belief that this parcel was a flan lot. He emphasized that these six lots were created under a different code than currently exists. He felt that the property line needs to be reviewed and that alternative designs be considered. Vice-chairwoman Patrick stated that she felt that the lot was a flan lot and that she understood the difficulty in applying newer restrictions onto older sites. Because this property jogs back 15 feet, the City would be siting a home 10 feet back from where the other homes are sited. She understood that this was a difficult site but that she vas not sure if alternatives have been considered to address the neighbors' concerns. Community Development Director Curtis stated that he could not find the public hearing mailing list. He stated that it has been represented that noticing was not received and that he could not verify this fact. He stated that staff would further investigate this issue should the Commission continue this item. COMMISSIONERS SIEGFRIED/ASFOUR REOPENED THE PUBLIC HEARING AT 8:07 TO ASCERTAIN WHETHER THE APPLICANT WOULD LIKE TO CONTINUE THE PUBLIC HEARING OR REQUEST THAT ACTION BE TAKEN THIS EVENING. Mr. Britt stated that the home could be redesigned to reduce the rear setback and that he would agree to a continuance. COMMISSIONERS ASFOUR/ABSHIRE MOVED TO CONTINUE THE PUBLIC HEARING FOR DR-96-026 AND V-96-006 TO AUGUST 14. 1996. THE MOTION CARRIED 5-0 WITH COMMISSIONER PIERCE AND CHAIRWOMAN KAPLAN ABSENT. 7. DR-96-024 - HAN, 19121 DAGitIAR DRIVE; Request for Design Review approval construct a 642 sq. ft. second story addition to an existing single story residence pursuant to Chapter 15 of the City Code. The subject property is 8,036 sq. ft. and is located in an R-1-10.000 zoning district. PLANNING COMMIS MINUTES JULY 10, 1996 PAGE - 8 - Planner Walgren presented the staff report. He noted that this would be the first, two story home proposed in this existing residential tract. He requested that the Commission make a statement as to whether the approval of a two story home is the type of precedent that it is comfortable in setting in this residential neighborhood. Staff recommended approval of the request. Vice-chairwoman Patrick opened this item to public hearing at 8:10 p.m. No comments were offered for agenda item 7. COMMISSIONERS ASFOUR/MURAKAMI MOVED TO CLOSE THE PUBLIC HEARING AT 8:11 P.M. Commissioner Murakami stated that the Commission visited the neighborhood and that typically, input from the neighbors was a reason to deny atwo-story request. He noted that there was no input from the neighborhood. He felt that this vas an older neighborhood that transitioned from the freeway. He felt that the design vas a vast improvement to what exists today. He stated that he did not have a problem with the fact that this would be the first. two story home in this area as it was nicely designed. Commissioner Abshire agreed with the comments expressed by Commissioner Murakami. He noted that the home would be located adjacent to the freeway. He did not believe that a two story home adjacent to the freeway would be a good idea due to the noise generated from freeway traffic. He felt that this could be a long term problem. However, he believed that it was a nicely designed project and improved the neighborhood. Commissioner Siegfried agreed with the comments as expressed by Commissioner Murakami and felt that it vas a nicely designed home. He stated that he was not concerned that this would be the first, t~vo story home design in this neighborhood. Commissioner Murakami suggested that when the applicant constructs the home, that the applicant consider the use of extra insulation, including the installation of double pained window or any other materials that would mitigate freeway noise. Commissioner Asfour stated that he had no problem with the request as it was a well designed home. Vice-chairwoman Patrick concurred with the comments as expressed by her fellow Commissioners. COMMISSIONERS SIEGFRIED/ASFOUR MOVED TO APPROVE RESOLUTION NO. DR-96-024 PER THE STAFF REPORT. THE MOTION CARRIED 5-0. DIRECTOR'S ITEMS Community Development Director Curtis noted that the Commission historically cancels its PLANNING COMMIS~T MINUTES • JULY 10, 1996 PAGE - 9 - second meeting in August. He inquired if the Commission was in agreement of cancelling its August 28 meeting? y BY CONSENSUS, THE COMMISSION AGREED TO CANCEL ITS AUGUST 28 MEETING. Community Development Director Curtis informed the Commission that an appeal has been filed by the Giberson regarding DR-96-015 and V-96-003: Wilson/Davison, 15580 Peach Hill Road and that the appeal request has been scheduled for the City Council's August 7 meeting. It was noted that the appeal was not from the immediate neighbors. COMMISSIONT ITEMS 1. DR-95-050 - Pinn Brothers Construction; 14315 Taos Drive -Request for minor modification to an approved project. Planner Walgren presented the staff report on this item. He indicated that staff supports the request to increase the floor area by 136 square feet as staff did not believe that it would make a difference in the overall approved design. BY CONSENSUS. THE COMMISSION CONCURRED WITH STAFF'S RECOMMENDATION. CO~I~ZUNICATIONS `'Written 1. City Council Minutes dated 6/19/96 2. Notices for 7/24/96 Planning Commission meeting Oral Citv Council Commissioner Abshire informed his fellow Commissioners that he attended the last City Council meeting. He informed the Commission that most of the discussion related to the Warren Hutton house as far as opening up for use. The Council agreed to open the home to the youth and to share the cost of approximately $12,000 a year with the youth group. He also indicated that his packet contained the Commission's attendance record. ADJOUlt\Ti~IENT -There being no further business, the meeting adjourned at 8:24 p.m. to 7:30 p.m., Wednesday, July 24, 1996, Civic Theater, 13777 Fruitvale Ave., Saratoga, CA Respectfully Submitted, • ~ ~ ~ PLANNING COMMIS MINUTES JULY 10, 1996 PAGE - 10 - Irma Torrez Minutes Clerk IT\PC071096. SAR