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Home My WebLink About11-12-1997 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: Wednesday, November 12,1997 - 7:30 p.m. PLACE: City Council Chambers, 13777 Fruitvale Avenue TYPE: Regular Meeting ------------------------------------------------------------------------------------------------------ Roll Call Chair Patrick, Commissioners Bernald, Kaplan, Martlage, Murakami, Pierce, Siegfried Staff: Walgren, Tate Pledge of Allegiance Minutes -October 22, 1997 COMMISSIONERS KAPLAN/BERT\ALD MOVED TO APPROVE MINUTES. APPROVED ~/0. COMMISSIONERS SIEGFRIED/MARTLAGE ABSTAINED. Oral Communications None Report of Posting Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on 1~TOVember 7, 1997. Technical Corrections to Packet CONSENT CALEI~TDAR 1. DR-97-036 & UP-97-00~ (APN 397-22-030) - HARKEY, 20393 PARK PLACE (LOT 2); Request for Design Revie~~~ approval to construct a new 2,301 sq. ft. t«~o-store home at 22 ft. in height and a 400 sq. ft. detached garage at 14.5 ft. in height. The project also includes a 782 sq. ft. basement in the home. The applicant is requesting a Use Permit to construct the detached garage at 2 ft. from the rear property line, where a 2~ ft. rear yard setback is required. The site is 7,260 sq. ft. and is part of a 3-parcel site that is currently • Planning Commission Minutes November 12. 1997 • Page 2 occupied by one older home. It is in an R-1-10,000 zoning district. A Mitigated I~Tegative Declaration has been filed. (CONTINUED TO 11/25/97 AT APPLICANT'S REQUEST. CITY REVIEW DEADLINE IS 2/20/98.) KAPLAN/BERNALD MOVED TO APPROVE CONTINUANCE. APPROVED 7/0. PUBLIC HEARINGS 1. DR-97-038, UP-97-008 and UP-97-O11(APN 393-40-020) - GALEB, 20398/20418/20395/20415 & 20435 FRANKLIN AVENUE; Request for Design Review approval to construct five nevi- homes on Lots 1, 2, 4, 5 and 6 in the Boisseranc Subdivision (Lot 3 is under separate application.) Four of the homes are 3,710 sq. ft. and one is 3,702 sq. ft. (Lot 2). All of the homes are one-story, at 18 ft. in height. The applicant is requesting a Use Permit to allow detached garages on Lots 2 and 6, «~ith 5 ft. and 10 ft. rear yard setbacks respectively ~~~here 25 ft. is required. All five parcels are located within an R-1-12,00 zoning district. ------------------------------------------------------------------------------------------------------- Community Development Manager James ~Valgren provided a staff report recommending denial of the t«-o use permits due to overwhelming neighborhood response to the proposed detached garages. THE PUBLIC HEARING WAS OPENED AT 7:47PM. Steve Arnold, representing the owners, compared the proposed detached garages to the existing neighborhood detached structures. He explained the V-ditch concept «~hich he felt should benefit the neighbors. He agreed to one gas burning only fireplace in each home when asked by Commissioner Kaplan. The following neighbors addressed the Commissioners on their opposition: Tasneem Ismailji of 20361 Chalet Lane stated that is was bad precedent. Bala Manian of 20361 Chalet Lane was opposed. Henry Clarke of 20410 Thelma Avenue opposed setbacks and drainage plan. Madeline Clarke of 20410 Thelma Avenue objected to setbacks. y John Waite of 20344 Franklin Avenue opposed. Victoria Stern Patton of 2037 Franklin Avenue opposed drainage plan and setbacks. Bill Klett of 20369 Chalet Lane spoke of neighborhood agreement to oppose. -. • Planning Commission Minutes I~Tovember 12. 1997 Page 3 Ivan Pavlina of 20373 Chalet Lane spoke of grading. Jeannie Nakamura of 20381 Chalet Lane opposed setbacks. Kenneth Ruddell of 20390 Thelma Avenue opposed. Silas Miller of 20450 Thelma Avenue spoke of grading. Bonnie Klett of 20369 Chalet Lane spoke of neighborhood unite. Eric Liu of 20315 Franklin Avenue opposed. Tim Boetticher of 20413 Chalet Lane opposed the drainage plan. Carol Louderback of 20370 Thelma Avenue opposed the drainage plan. Steve Arnold addressed the neighbors' concerns regarding the drainage ditch, the cut being 5' from the fence line and the setbacks of other residences in the area. The Commissioners questioned Mr. Ivancovich, o~;~ner of Lot 3, concerning the front exterior windows and courtyard of his house. COMMISSIONERS BERNALD/KAPLAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:45PM. The Commissioners discussed the illegal grading and the resulting fine. They questioned Mr. Arnold on the drainage plan (V-ditch cotnpared to individuals drainage) and maintenance of the ditch, the terracing, the height of the fences and «~hether there should be retaining walls, the height of the building pads, landscaping, other detached structures in the area, and Variances vs. Use Permits. COMMISSIONERS BERNALD/MURAKAMI MOVED TO APPROVE RESOLUTION DR-97-038 WITH THE FOLLOWING CONDITIONS: 1) SUBMISSION OF A LANDSCAPE/IRRIGATION PLAN TO STAFF INCORPORATING RETAINING WALLS, IF APPROPRIATE, ON LOTS 1 AND 3. 2) ONE GAS BURNING ONLY FIREPLACE IN EACH HOME & THE REMAINIlVTG FIREPLACES TO HAVE GAS STARTERS. 3) CITY ENGINEERING STAFF TO REVIEW THE FEASIBILITY OF PROVIDING INDIVIDUAL REAR YARD STORMWATER CATCH BASINS FOR LOTS 4, ~ A\TD 6 VERSUS THE SINGLE SHARED CATCH BASIN PROPOSED FOR LOT 4 ONLY. 4) PLANS FOR LOTS 2 AND 6 SHALL BE REVISED TO 1NCLUDE ATTACHED GARAGES. APPROVED 6/1. KAPLAN ABSTAINED. ~, - - • Planning Commission l~iinutes ~ Pa~~e November 12. 1997 COMMISSIONERS SIEGFRIED/BERNALD MOVED TO DENY RESOLUTION UP-97-008. DENIED 7/0. COMMISSIONERS SIEGFRIED/BERNALD MOVED TO DENY RESOLUTION UP-97-011. DENIED 7/0. 2. DR-97-041 (APN 393-40-020) - IVANCOVICH, 20438 FRA\TKLIN AVENUE (LOT 3); Request for Design Revie«~ approval to construct a ne«~ 3,709 sq. ft. one-story home at 18 feet in height. The site is Lot 3 in the Boisseranc Subdivision (Lots 1, 2, 4; ~, and 6 are under separate application.) The site is 12,00 sq. ft. and is located in an R-1-12,00 zoning district. ---------------------------------------------------------------------------------------------------- COMMISSIONERS BERNALD/SIEGFRIED MOVED TO APPROVE RESOLUTION DR-97-041. APPROVED 7/0. CHAIR PATRICK CALLED FOR A BREAK AT 9:25PM. 3. DR-97-021 & V-97-00~ (APN 503-15-042) - BREGANTE, 21143 CHADWICK CT; Request for Design Review approval to construct a ne~~~ 5,971 sq. ft. t«°o-story residence and Variance approval to construct the residence on a slope of greater than 30 percent pursuant to Chapter 15 of the City Code. The parcel is a vacant 2.3 acre lot, located in an HR zoning district. ------------------------------------------------------------------------------------------------------ Walgren presented the staff report explaining that this project met minimum Zoning Ordinance regulations, that the necessary findings could be made to support both the Design Revie«T and Variance requests. Staff recommended approval «-ith conditions. THE PUBLIC HEARING WAS OPENED AT 9:40PM. Lou Basil, from St. Clair Custom Homes, representing the owner, agreed with the staff report. y 4 Trent Wong, speaking for his parents at 21252 Chadwick Court, explained that a letter of opposition was submitted. tl Planning Conunission Minutes November 12. 1997 Page Jason Bowman, also representing the Wongs, expressed concern for the trees. Lou Anne Neiman of Padero Court was concerned about the drainage problems to her property belo~~• «~hich «-ould result from additional grading of the hillside. COMMISSIONERS KAPLAN/BERNALD MOVED TO CLOSE THE PUBLIC HEARING AT 10:1 SPM. After some discussion, it v~-as the consensus of the Commissioners that the house as designed vas too large for the slope. CHAIR PATRICK OPENED THE PUBLIC HEARING TO THE MOTION FROM COMMISSIONERS KAPLAN/BERNALD TO CONTINUE THIS ITEM TO THE JANUARY 14,1998 MEETI\TG. APPROVED 7/0. 4. DR-97-037 (APN 503-14-022) - KASSAI, 20783 SARAHILLS DR; Request for Design Revie~;~ approval to construct a new 4,32 sq. ft. t~~•o- storv residence pursuant to Chapter 1~ of the City Code. The currently vacant .93 net acre parcel is located on the north side of Sara Hills Dr., just east of Pierce Rd., and is within an R-1-40;000 zoning district. ------------------------------------------------------------------------------------------------------ ~'~'algren presented the staff report recommending approval of the application with the tree protection requirements outlined by the City At•borist. A. Kasai, o«~ner of the property, offered that he was available for questions. The Commissioners questioned the use of the basement under the building pad to be used as a family room and were concerned that the construction activity under the dripline would be harmful to the eucalyptus and oak trees. ~Ir. r Kassai explained that moving the building pad closer to the road «-ould be noisy. COMMISSIONERS KAPLAN/BERNALD MOVED TO CO\TTINUE THIS ITEM TO THE MEETING OF DECEMBER 10, 1997 TO ALLOW THE APPLICANT TO REDESIGN. APPROVED 7/0. DIRECTOR ITEMS 1. Walgren mentioned the Santa Clara County Planing Commission sponsored a Planning Conunission Minutes No~•ember 12. 1997 Page 6 Environmental Planning Workshop and polled the Commissioners to find that six would attend. 2. Walgren informed the Commissioners that the neighbors had appealed the Montessori School Use Permit to the City Council on December 3, 1997. 3. The Right-of--Way Ordinance will be reviewed by the Council on 1\TOVember 19. COMMISSION ITEMS Chairwoman Patrick announced that the Christmas Party ~~~ould be held on December 11 at her home. Details would follow. Commissioner Bernald advised the others that Mark Vellencav contacted her about his alleged illegal rental unit. y December 17 was the date set for the next Bicycle Committee Meeting. Commissioner Kaplan questioned status of the Fireplace Ordinance and «~as informed that it would come to the Commissioners in January. Commissioner Kaplan questioned the study session procedure and «~hether workshops should be held earlier in the process as it would be advantageous for applicants to be a~~-are of Commission's position prior to spending money for designs, etc. COMMUNICATIONS Written 1. City Council Minutes dated November ~, 1997 2. Notices for Planning Commission Meeting of December 10, 1997 ADJOURNMENT - 11:00 PM, to 6:1 ~ PM Wednesday, November 25, 1997, Study Session in the Planning Conference Room, 13777 Fruitvale Avenue, Saratoga, CA