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HomeMy WebLinkAbout07-10-2002 Planning Commission Minutes MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, July 10, 2002 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Chair Jackman called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners Barry, Garakani, Jackman, Kurasch and Roupe Absent: Commissioner Hunter and Zutshi Staff: Director Tom Sullivan, Planner Christy Oosterhous and Planner Ann Welsh PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES – Regular Meeting of June 26, 2002. Motion: Upon motion of Commissioner Roupe, seconded by Commissioner Barry, the regular Planning Commission minutes of June 26, 2002, were approved as submitted with a minor correction on page 11. AYES: Barry, Garakani, Kurasch and Roupe NOES: None ABSENT: Hunter and Zutshi ABSTAIN: Jackman ORAL COMMUNICATIONS There were no oral communications REPORT OF POSTING AGENDA Director Tom Sullivan announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on July 3, 2002. REPORT OF APPEAL RIGHTS Chair Jackman announced that appeals are possible for any decision made on this Agenda by filing an Appeal Application with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15.90.050(b). Saratoga Planning Commission Minutes of July 10, 2002 Page 2 CONSENT CALENDAR There were no Consent Calendar Items. *** PUBLIC HEARING - ITEM NO. 1 APPLICATION #02-015 (503-72-034) – HSU, 21775 Congress Hall Lane: Request for Design Review Approval to add 1,840 square feet to an existing 4,325 square foot house for a total area of 6,165 square feet on a 2.78 acre property. The maximum height of the addition will be 18 feet. The property is located in the Hillside Residential zoning district. (WELSH) Planner Ann Welsh presented the staff report as follows: • Advised that the applicant is seeking approval for an 1,840 square foot single-story addition on and existing 5,325 square foot residence. Design Review Approval is required because the home would exceed 6,000 square feet. • Stated that the subject property consists of 2,78 acres gross and 61,650 square feet net (since the property has a 25 percent average slope. • Described the home as featuring Spanish-style architecture with stucco walls and tile roof. • Said that the proposal complies with requirements and the necessary findings to support this proposal can be made. Additionally, there would be no tree removals and minimal grading required. • Recommended approval. Chair Jackman opened the Public Hearing for Agenda Item No. 1 at 7:07 p.m. Commissioner Kurasch expressed confusion over a marking on the plans. Mr. Hsu, Applicant/Owner, 21775 Congress Hall Lane, Saratoga: • Clarified for Commissioner Kurasch that that marking represents a tree’s canopy. Commissioner Barry asked at what point the location of a fault precludes construction. Mr. Hsu replied that this was a question for a structural engineer. Director Sullivan elaborated that there is no set distance to a fault. The closer to a fault line, the more significant the remediation requirements become. Commissioner Roupe cautioned Mr. Hsu that the home includes a substantial deck area and that the amount of area to be enclosed within fencing on a Hillside District property is 4,000 square feet. Mr. Hsu assured Commissioner Roupe that he is aware of that fact. Chair Jackman pointed out that there is no fencing now and asked if fencing is proposed in the future. Mr. Hsu replied not in the foreseeable future. Saratoga Planning Commission Minutes of July 10, 2002 Page 3 Chair Jackman closed the Public Hearing for Agenda Item No. 1 at 7:12 p.m. Commissioner Roupe stated that this proposed addition is compatible with the house and neighborhood and that he would support this project. Commissioner Barry agreed. Commissioner Garakani agreed. Commissioner Kurasch agreed. Chair Jackman said that this proposal was nicely done. Motion: Upon motion of Commissioner Roupe, seconded by Commissioner Garakani, the Planning Commission granted Design Review approval (Application #02-015) to allow an addition on an existing home located at 21775 Congress Hall Lane. AYES: Barry, Garakani, Jackman, Kurasch and Roupe NOES: None ABSENT: Hunter and Zutshi ABSTAIN: None *** PUBLIC HEARING – ITEM NO. 2 APPLICATION #02-045 (503-78-004) – BLAETTLER CONSTRUCTION INC., 21888 Villa Oaks Lane: Request for Design Review approval to construct a 5,825 square foot two-story home with 1,346 square foot basement on a 1.01 acre property. The maximum height of the structure is 26 feet. The property is located in the Hillside Residential zoning district. (WELSH) Planner Ann Welsh presented the staff report as follows: • Advised that the subject site is a vacant lot consisting of 44,083 square feet gross and 37,911 square feet net. The parcel has an 11 percent average slope. • Described the proposed new single family home that would consist of 5,825 square feet and include a three-car garage. • Stated that the necessary findings can be made to support this request. • Informed that comments were received from both the rear and adjacent neighbor. One neighbor is requesting that a condition be imposed requiring that an access easement be granted. • Said that the project preserves the natural landscaping and no Tree Removal Permits are proposed. • Added that the home’s design would minimize the perception of bulk. The home is of a similar size to those in the neighborhood. • Recommended approval. Commissioner Kurasch sought assurance that this project would not cut into the buffer. Planner Ann Welsh assured that there is enough room to sustain the visual buffer. Saratoga Planning Commission Minutes of July 10, 2002 Page 4 Commissioner Barry asked if setback issues have been remedied. Planner Ann Welsh replied yes. This project’s setbacks would be made conforming. Commissioner Kurasch stated that the impact to the nearest neighbor appears to be minimal. Chairman Jackman sought assurance that the light well would not encroach into the setback. Planner Ann Welsh stated that the applicant is aware that they cannot encroach into a setback. Commissioner Roupe pointed out an area below a terrace that includes a structural wall above. He questioned the height and also whether this area would be enclosed. If so, it would need to be counted as square footage. Planner Ann Welsh pointed to Page A-4 and stated that this is a retaining wall and not a full wall. Commissioner Roupe reiterated that he wanted it made perfectly clear that this area couldn’t be completely enclosed without being counted as square footage. Chair Jackman opened the Public Hearing for Agenda Item No. 2 at 7:23 p.m. Mr. Michael Davis, Project Designer: • Stated his agreement with the staff report and made himself available for questions. • Added that the house is being rotated a bit to meet setbacks and that the retaining wall does not encroach into the easement. The height of the retaining walls mentioned by Commissioner Roupe is two to three feet. Commissioner Garakani asked for the distance between the two retaining walls. Mr. Michael Davis replied five feet to allow landscaping between them. Commissioner Garakani asked what the applicant thinks about the neighbor’s request for an emergency access easement. Mr. Pete Blaettler, Applicant, 21888 Villa Oaks Lane, Saratoga: • Stated he is not agreeable to the easement request. • Said that he sees this easement as having a detrimental impact on his property. • Pointed out that there is another option for this easement through the Thomas property. • Added that placing this easement onto his property would impact his backyard setbacks and would require the removal of two trees. Commissioner Roupe asked where was the current access. Mr. Pete Blaettler replied off of Via Regina. Commissioner Barry asked staff to give a briefing on the request for an emergency access easement. Planner Ann Welsh: Saratoga Planning Commission Minutes of July 10, 2002 Page 5 • Advised that the neighbors (The Rhetts) provided the proposed map for the emergency access easement just the day before. The Rhetts are asking that this emergency access easement be made a Condition of Approval. • Stated that she faxed the proposal to the Fire Chief. He thought a secondary access would be prudent and saw it as a public benefit. Commissioner Roupe questioned whether the Rhetts themselves would be offering an easement through their property. Planner Ann Welsh stated that this request affects the design of the Blaettler property is that the neighbors are proposing this very late in the process. Director Tom Sullivan advised the Commission that the City Attorney had previously provided a memorandum stating that the authority for the Planning Commission to exact dedications through Design Review is very limited. This would not preclude the two property owners from negotiating an agreement. Commissioner Barry asked if this proposal is the only way to provide the secondary emergency access. Planner Ann Welsh replied that the most logical access is though the Thomas property. Mr. Pete Blaettler stated that Mrs. Thomas has indicated an openness to provide an access and has discussed this matter with the Rhetts. Ms. Marilyn Riding, 21836 Villa Oaks, Saratoga: • Identified herself as a neighbor to the east of the subject property. • Stated that it has been a pleasure working with the applicant through this process and that she has provided a letter of support and is also here in person to support this application. • Said that this home will be an asset to the neighbor and she believes the builder will be considerate of the neighborhood. This will be the last property built here and she looks forward to seeing this home constructed. • Expressed concern over the easement issue and particularly the late date at which the Rhetts brought the issue forward. Stated that the Rhetts were well aware that this project was underway and raised this issue of an easement at the very last minute, which is totally unacceptable. • Stated that she is not in favor of the emergency access easement through this project. Ms. Hannelope Thomas, 21955 Via Regina, Saratoga: • Stated that she is the neighbor to the west of the Rhetts. • Added that she has been in court with the Rhetts. • Said that she was willing to give a five foot wide easement, for a consideration, to allow the Rhetts to access the sewer lines, provided that the necessary gravity is available. • Added that the area is way too steep to serve as an emergency access road. Commissioner Kurasch asked Ms. Thomas what she thinks about the design of this home. Saratoga Planning Commission Minutes of July 10, 2002 Page 6 Ms. Hannelope Thomas replied that she thinks it is a nice home. She added that she will not even be able to see it from her home. The story poles are hardly visible. She stated that the Rhetts are trying to accomplish something under false pretenses. Ms. Marilyn Riding, 21836 Villa Oaks Lane, Saratoga: • Stated that the trees that would have to be removed to accommodate an emergency access easement are, at 18-inches, very significant and would leave a hole in the landscaping screening. Commissioner Kurasch asked about the plans for the landscaping of the rest of the property. Mr. Pete Blaettler said that there are no plans for the rear yard. He added that the trees in question are on the Rhett property rather than his. Chair Jackman closed the Public Hearing for Agenda Item No. 2 at 7:46 p.m. Commissioner Barry: • Commended Mr. Blaettler on his work with his neighbors in the redesign of this home, saying that the Commission appreciates that effort. • Said that this is a well designed home and setbacks have been dealt with. • Declared that the Commission does not have the legal basis to require the requested fire road access and that she finds that to be an unreasonable request of this property. • Said that she would not support the requirement for the fire road access. • Suggested the inclusion of native drought tolerant plans with the landscape plan. Commissioner Roupe said that he is in support of the project and opposes the fire access easement. Asked for clarifications to be put on the drawing that there would not be an enclosure on the lower terrace. Commissioner Garakani said that he supports this project and finds it to be a nice one. Said that he had originally been concerned about the color of the roof and building but once he saw the samples he finds them to be nice. Commissioner Kurasch said that she supports this project and finds this house to be compatible with the area. While she would not choose this size home for the Hillside, there is precedent in the area and this proposal is compatible with what is there. Said that she is satisfied that the buffers will be maintained. Chair Jackman said that she likes the design and the work done with the neighbors. Agreed that she would not support the fire access easement since the Commission has no legal authority and also because it was brought up at the very last minute. Motion: Upon motion of Commissioner Kurasch, seconded by Commissioner Berry, the Planning Commission granted Design Review Approval to allow the construction of a new residence on property located at 21888 Villa Oaks Lane with the rotation of the structure sufficient to meet setbacks. AYES: Barry, Garakani, Jackman, Kurasch and Roupe NOES: None ABSENT: Hunter and Zutshi ABSTAIN: None Saratoga Planning Commission Minutes of July 10, 2002 Page 7 Chair Jackman reminded that there is a 15-day appeal period. *** PUBLIC HEARING – ITEM NO. 3 DR-00-051 & BSA-00-003 (503-30-002) – WALKER, 13800 Pierce Road: Request for Design Review and Building Site Approval to construct a two story single-family residence on a 19,210 square foot vacant lot. The floor area of the proposed residence and attached two-car garage is 3,609 square feet. The maximum height of the residence would be 26 feet. The site is zoned Hillside Residential. (OOSTERHOUS) Planner Christy Oosterhous presented the staff report as follows: • Stated that two letters in opposition were received today and distributed to the Commission this evening. • Advised that the applicant is seeking Design Review and Building Site Approval to allow a two- story single-family resident on a 20,000 square foot vacant lot. The floor area would include 3,609 square feet and an attached two-car garage. The maximum height is 26 feet and the zoning is Hillside Residential. • Said that the project meets all necessary findings except for privacy impacts. Staff is recommending some modifications to mitigate privacy impacts on the adjacent neighbor to include the replacement of French doors with 2 foot by 2 foot windows; the elimination of the wraparound front porch on the right side and the inclusion of fast growing landscaping. • Added that there is no fencing proposed at this time but that the applicant has been made aware of the requirements for both corner lot and Hillside District fencing standards. • Recommended approval with the requirement that Council must adopt the recently modified Basement Standards. Commissioner Barry asked Planner Oosterhous to review the two letters received. Planner Christy Oosterhous stated that one email from a Ms. Dora Grans, 12451 Old Oak Way, is asking the City to adhere to the Specific Plan mandates. Commissioner Roupe asked how this application holds up to Measure A and the Specific Plan and whether is conforms to requirements. Commissioner Barry stated that this parcel may be a legal non-conforming lot. Measure A calls for one building unit per two acres on a flat lot. Commissioner Roupe pointed out that similar projects have been approved. Director Tom Sullivan advised that the Hillside Residential zoning district was created as a result of Measure A. Stated that as long as a project is consistent with the Hillside Residential zoning requirements, it will also be consistent with Measure A requirements. Added that this parcel has been a lot for some time and that it was previously approved for a house. Saratoga Planning Commission Minutes of July 10, 2002 Page 8 Commissioner Kurasch stated that the Specific Plan states a parcel is exempt if it was created prior to April 25, 1978. She asked when this parcel was created. Mr. Tom Walker, Applicant, 13800 Pierce Road, Saratoga, replied that the parcel was recorded in 1956. Commissioner Roupe asked staff if this parcel is then exempt from Measure A. Director Tom Sullivan responded that the parcel is exempt from the minimum parcel size since it was recorded prior to adoption of Measure A. Chair Jackman pointed out that a letter signed by five neighbors on Pierce Road is asking that the rural character of their area be preserved. Director Tom Sullivan stated that this parcel pre-existed 1978 and is exempt. Even if a lot line adjustment is processed, it will not lose its exemption. Chair Jackman opened the Public Hearing for Agenda Item No. 3 at 8:12 p.m. Mr. Michael Rowe, Britt-Rowe, Project Architect: • Stated that this is a unique lot. • Pointed out that this proposed home is 800 square feet smaller than the 4,400 square foot home previously applied for in 1979 and incorporates a walkout basement style. • Said he was available for questions. Commissioner Roupe said that this is a difficult lot with its topography and expressed concern about the privacy for immediate neighbors. Asked if Mr. Rowe would consider the use of translucent glass for the dining room windows, which overlook the neighboring property. Mr. Michael Rowe replied yes. Commissioner Roupe pointed to page A-4 of the plans and asked for clarification that the retaining wall would be five feet high. Additionally, he asked if the retaining wall would encroach in the sideyard setbacks and sought assurances that Mr. Rowe would agree to meet retaining wall requirements. Mr. Michael Rowe replied yes. He added that on the title there was a public easement on the private street, which is not permitted. The Title Company removed that easement and this gave them more room to meet setbacks. Commissioner Barry asked how far the house would be moved. Mr. Michael Rowe replied about 10 feet. Chair Jackman asked if the retaining wall was near Pike Road. Mr. Michael Rowe replied yes. Commissioner Kurasch asked what the maximum slope was in the buildable area of the lot. Saratoga Planning Commission Minutes of July 10, 2002 Page 9 Chair Jackman asked the significance of the two story poles, specifically the taller one. Mr. Michael Rowe replied that the taller pole represents the back ridge. However, the story pole is actually five to six feet taller than the house will actually be. Commissioner Roupe said that a reduction in height would take away some of the imposing character. Commissioner Garakani questioned the stick placement on one side. He said that he measured it out and the placement does not match the plans. Commissioner Barry said that she had concern about the height and that a possible reduction by five feet from the height depicted on the existing story poles, may work. Said that it was hard to determine. Mr. Michael Rowe said that the size on the construction plans is accurate and assured that the pad would have to be certified as being at the proper elevation prior to construction. Commissioner Garakani stated again his problem with the placement of the sticks on the property. Chair Jackman agreed that the Commission cannot envision something that’s not correctly portrayed. Commissioner Roupe said that the purpose of story poles is to help determine the impact on the Hillside. Agreed that Commissioner Garakani has raised a legitimate point. Chair Jackman agreed that she could not support if the markers are not correct. Planner Christy Oosterhous said that the staking should be done by a licensed surveyor. Commissioner Roupe said that the Commission cannot envision this project based upon the story poles provided. Director Tom Sullivan advised the Commission that it would need to develop specific standards for minimum story pole requirements. Commissioner Roupe stated that for a difficult site such as this one, the story poles need to be more precise. Commissioner Barry said she shares these concerns. Added that there was no applicant or representative on site for either Commission site visit, which is unusual. Mr. Dave Dennis, 18735 Cabernet Drive, Saratoga: • Said that he hired the contractor to put the story poles up and was not given a lot of criteria for the installation. They had two story poles and an outline of the borders and reminded of the difficulties in this installation due to the heavy brush in the area. Ms. Jean Lundeen, 13810 Pierce Road, Saratoga: • Thanked the Commission for their concern over her privacy. • Asked that the Commission work to conserve the rural atmosphere of her neighborhood. • Expressed thanks for the efforts of the Commission. Saratoga Planning Commission Minutes of July 10, 2002 Page 10 Commissioner Roupe asked Ms. Lundeen if the removal of the wraparound porch, the modification of the French doors to be replaced with two foot by two foot windows at header height and an agreement by the applicant to use translucent windows in the dining room, thus equaling no view onto her property, would satisfy Ms. Lundeen’s privacy concerns. Ms. Jean Lundeen replied yes. Commissioner Kurasch asked Ms. Lundeen if she agrees that this proposed home is large and imposing and out of character for this area. Ms. Jean Lundeen replied yes. Mr. Tom Walker, Project Applicant: • Stated that he obtained a Building permit in 1980 but was issued a red tag. • Said that he came to Council meetings for over a year. • Added that he was never notified that his permit expired and he understands that a permit expiration cannot occur while a red tag is in effect. • Stated that he has acted in good faith. • Said that he should not have to pay fees again. Commissioner Kurasch asked Mr. Walker for the average slope under the structure and questioned if there is any way to shift the house away from the hill and neighboring property. Mr. Tom Walker replied that perhaps the home could be moved forward to Pierce and down to Pike but that this change may impact trees. Commissioner Roupe cautioned that there may be setback problems. Commissioner Kurasch expressed concern about the slope on which they would be building upon. Director Tom Sullivan advised that the slope beneath the home would be 24 percent. Commissioner Kurasch said she questions the actual slope of the building pad. Commissioner Garakani reminded of the three setbacks on this property, two at 30 feet and one at 20 feet. Chair Jackman closed the Public Hearing for Agenda Item No. 3 at 8:52 p.m. Commissioner Barry: • Advised that she has no questions at this time but is not ready to support this project tonight. • Suggested a Continuance to allow better story poles to be installed. • Stated that she is concerned that this home may be too massive for this site. Commissioner Roupe: • Said that he shares those concerns and has trouble envisioning this house on this property. • Added that the story poles need to be close enough to give an accurate vision of what is proposed. Saratoga Planning Commission Minutes of July 10, 2002 Page 11 • Encouraged the idea of a Continuance. • Suggested that the applicant attend the next site visit. Chair Jackman expressed concern over the size of this proposed home, as it does not seem compatible with the Hillside area. Commissioner Garakani stressed the importance in having the story poles more exact. Commissioner Kurasch: • Agreed with the need for better story poles. • Said that this proposed home does not fulfill the intent of the Hillside area in size and compatibility and six neighbors have sign a letter in agreement to that concern. • Suggested both a Continuance and redesign of this proposal to deal with issues of size and scale. • Asked that the applicant and City confirm the slope under the footprint and that she would appreciate this being done to set her mind at ease. Commissioner Barry said that it appears all Commissioners want a Continuance and some want some redesign. Suggested that the Commission gives more specific direction and guidance as to what changes it would like to see. Commissioner Roupe agreed that specific direction on square footage and height should be provided. Chair Jackman pointed out that the maximum square footage allowed is 3,880 and the proposal is for 3,609 square feet. Commissioner Barry agreed that the applicant has met the Code requirements. Said that as a Design Review issue, it appears this house is too much for this lot. Said that it would help if the second floor were not as long as the first floor, which gives it a massive box-like appearance. Commissioner Kurasch agreed and suggested a reduction in the second floor element and in the actual size of the house overall. Chair Jackman asked if an approximate 15 percent reduction might suffice. Commissioner Kurasch suggested approximately 500 square feet. Chair Jackman said that this would allow approximately 3,100 square feet. Concurred that this house is too large for this lot. Commissioner Garakani expressed support for the 500 square foot reduction. Commissioner Roupe did not. Motion: Upon motion of Commissioner Barry, seconded by Commissioner Kurasch, the Planning Commission continued consideration of a new home on property located at 13800 Pierce Road (DR-00-051 and BSA-00-003) to the Planning Commission meeting of August 14, 2002, to allow the applicant to install better story poles and to consider design changes to reduce the size and bulk of the home, including Saratoga Planning Commission Minutes of July 10, 2002 Page 12 reducing the second story, as well as to confirm the slope beneath the footprint of the home. AYES: Barry, Garakani, Jackman and Kurasch NOES: Roupe ABSENT: Hunter and Zutshi ABSTAIN: None *** Chair Jackman called a break at 9:10 p.m. Chair Jackman reconvened the meeting at 9:18 p.m. PUBLIC HEARING – ITEM NO. 4 APPLICATION #02-035 (503-72-014) – LIU, 14805 Masson Court: Request for an extension of approved plans to construct a 6,500 square foot two-story residence on a vacant lot. The maximum height of the residence will be 26 feet. The site is 87,712 square feet and is located within the Hillside Residential zoning district. The Planning Commission approved the previous Design Review application. The approval was appealed to the City Council by neighboring property owners. Council denied the appeal on May 17, 2000. (OOSTERHOUS) Planner Christy Oosterhous presented the staff report as follows: • Stated that the applicant is seeking a 12-month extension of a Design Review approval to allow the construction of a new home. • Described the project as having a maximum height of 26 feet on an 88,000 square foot lot and would incorporate a modern style design. • Advised that the original approval was granted on December 8, 1999. That approval was appealed to Council. Council denied the appeal on May 17, 2000. • Added that the project received geotechnical clearance in 1999. • Advised that staff met with the three original appellants and have developed a compromise requiring the structure to be moved 18 feet to minimize visual impacts of this home on the neighboring properties. • Reminded that to date there have been seven public hearings on this project. • Recommended approval of this extension with two added Conditions. One that the building footprint be moved 18 feet laterally to the north with the requirement that further geotechnical review be provided. If following such geotechnical review this move is not possible; the structure would remain in its original proposed location. The second additional requirement is that the roof material be changed to asphalt shingle. Commissioner Kurasch asked if this is an Extension since the approval has actually already expired. Director Tom Sullivan clarified that the applicant filed in a timely manner but the approval has since expired. Commissioner Kurasch sought clarification that if the geotechnical report shows that the move of the building pad by 18 feed is not feasible, it would remain in the original location. Saratoga Planning Commission Minutes of July 10, 2002 Page 13 Chair Jackman stated that she thought the Council approved the project as the Commission had approved it. Commissioner Garakani asked if the building pad is being moved 18 feet forward due to proximity to neighbors. Planner Christy Oosterhous replied yes. The move tucks the house out of the neighbors’ viewshed. Commissioner Roupe said he had no problem with asphalt shingles but wanted to go on the record, as believing that cooper roofing would not have had a significant environmental impact. Commissioner Barry cautioned that for the Bay, copper is a significant problem. Added that a better way to deal with runoff is to contain as much water on site as possible. Added that it was not in her to approve a copper roof. Asked what would happen if there is a dispute on survey lines. Director Tom Sullivan advised that this sort of dispute is a civil matter. Added that the City is not requiring surveys at the beginning of an application process rather than at the time of building plan submittal. Commissioner Kurasch pointed out that Council mentioned the location of the house in their minutes. Chair Jackman said she would be happier if the corners of the property were marked. Director Tom Sullivan pointed out that the issue at hand this evening is a one-year extension. While the Commission can revisit and recondition this project, it has already undergone seven public hearings. Commissioner Garakani questioned whether Design Review could be looked at again or if this is simply an Extension application. Said that he was told the Commission could look at the whole thing again. Director Tom Sullivan said the Commission could consider the design but that this request is simple in nature. Chair Jackman said that she understood the house could not be moved because the land is unstable. Commissioner Roupe said that the applicant may have more expensive remediation if the house is moved. Asked staff how the Commission can determine when it is unreasonable to ask the applicant to move the structure 18 feet. Questioned if there is a criteria of reasonableness that is applied. Director Tom Sullivan replied that the criteria is not cost but rather if the remediation is a practical solution. The guidance of geotechnical engineers would have to be considered. Commissioner Barry asked if there is ever a point when a geotechnical engineer says that an area cannot be built upon. Added that she had been told previously that engineers can fix just about anything. Suggested specifying the requirement to move this home 18 feet. Commissioner Roupe agreed that doing so makes this requirement crystal clear and leaves no ambiguity. Saratoga Planning Commission Minutes of July 10, 2002 Page 14 Chair Jackman opened the Public Hearing for Agenda Item No. 4 at 9:40 p.m. Mr. Liu, Applicant and Owner, 14805 Masson Court, Saratoga: • Said that the Condition to move his home 18 feet to the north would result in almost half of the building being on landslide area, which greatly increases costs, difficulties and risk. Commissioner Kurasch asked Mr. Liu if he has met with his neighbors. Mr. Liu said he met with the neighbors previously but not prior to this hearing. Commissioner Kurasch asked where the 18 foot compromise came from. Planner Christy Oosterhous said that staff met with the appellants and came up with this 18-foot compromise. The applicant declined staff’s invitation to participate in that meeting. Director Tom Sullivan elaborated that this compromise is the result of a current discussion with the appellants. Commissioner Roupe said that it appears there is a difference of opinions. Asked staff to clarify that the proposal is to move the home 18 feet to the right per the plans. Director Tom Sullivan replied yes. Planner Christy Oosterhous added that staff is recommending further geologic review to the previous June 17, 1997, Geotechnical Report, which indicated that the building site area is located approximately 60 feet from the slide area. Mr. Liu said that he was not sure that 60 feet is correct at this point. Commissioner Kurasch said that Mr. Liu may not understand how landslide area is measured compared to natural erosion. Director Tom Sullivan pointed out that the Geotechnical Report map does not show property lines nor define building envelope. Commissioner Roupe said that Mr. Liu may be looking at erosion rather than slide area. Mr. Liu said that he would have to build more flat area, which may not be environmentally best. Mr. Jon Kwong, 14581 Saratoga Heights Court, Saratoga: • Said that during the review process numerous mistakes were made on drawings and on installing the story poles. • Stated that the neighbors find the proposed design highly unusual and incompatible with their neighborhood. • Pointed out that the project has been on the market for two years and suggested that a more conventional project would sell. Saratoga Planning Commission Minutes of July 10, 2002 Page 15 • Said that following the appeal process several meetings have been held between the applicant, appellants and staff. Moving the structure 30 feet would have alleviated most concerns and an 18 foot compromise was reached. • Advised that Mr. Liu recently had his property disced and the work encroached 100 feet onto his property, destroying drainpipes. • Asked, for the record, that the applicant be required to have professional survey markers placed between properties to prevent such occurrences in the future. Commissioner Kurasch asked Mr. Kwong if the issue of a compromise location was brought up earlier in the process. Mr. Jon Kwong replied yes. A compromise location was raised at meetings. Commissioner Barry asked if the Commission has jurisdiction to require Mr. Liu to have survey markers installed. Director Tom Sullivan replied sure. Commissioner Garakani stated that the applicant has said he would do so at the site visit. Mr. Joseph Park, 14800 Masson Court, Saratoga: • Advised that the design drawings were done without a site survey and intruded 10 feet onto his property. • Stated that he wants to make sure that there is a Condition in writing to require the move of the structure by 18 feet. Ms. Mable Sze, 14780 Masson Court, Saratoga: • Asked the Commission to deny this extension, as the proposed house is incompatible with the surrounding structures. • Stated that many issues were raised before the original approval. • Added that the proposal to move the home 18 feet was raised when the project was appealed to Council. • Said that instead the applicant extended the house but did not move it as agreed upon. Commissioner Roupe asked staff if what was approved is different that what the Planning Commission had originally approved. Planner Christy Oosterhous replied that she has no plans on file with a shift in the footprint. The record does not show a change and there was no Condition in the Council Resolution to make that change. Chair Jackman said that she looked at the minutes and saw no mention of change. The Council Resolution says that the project is approved as the Planning Commission approved it. Mr. Liu: • Assured that he would hire a licensed land surveyor and put the property markers in place. • Stated that moving the house 18 feet to the north results in unknown costs. However, he believes the costs will be high but that his main concern is safety. Saratoga Planning Commission Minutes of July 10, 2002 Page 16 • Said that he is willing to cooperate with the neighbors and City staff to make this project work. Chair Jackman asked Mr. Liu to make sure that the stakes placed are about three feet high. Commissioner Roupe: • Asked that the footprint of the house be marked by a licensed survey. • Added that the design of the house was previously discussed at length. This is the quick issue of granting an extension with 18-foot move of the building footprint and with a good property survey to mark out the property line and footprint. • Suggested a Continuance. Chair Jackman said that there should be a Record of Survey document prepared. Director Tom Sullivan said that the applicant should also provide recorded data used to substantiate to the City Surveyor. Commissioner Kurasch: • Said that she agrees in concept to what is proposed and holds to the requirement for the move of the structure by 18 feet. • Added that the Council decision weighs heavily. Said that Council wanted the applicant to work with neighbors on issues such as setbacks, encroachment and height. • Pointed out that the Resolution adopted by Council upheld the Planning Commission “as modified.” • Stated that a compromise would best suit this situation. Commissioner Roupe said that it should be made clear that the structure will move by 18 feet. If not, no deal or start over again. Commissioner Barry: • Said she supports Commissioner Roupe’s point. It is important to be consistent and support neighbor concerns. Council denied the appeal so this is the design. However, the home should be moved by 18 feet. • Stated that the story poles should have been installed in an accurate manner. • Agreed that it is reasonable to require documented survey of the property. Commissioner Garakani asked why install more story poles if the Commission is going to approve this Extension tonight. Commissioner Roupe said good point. He added that following a land survey and the moving of the story poles by 18 feet, the Commission needs to go back and look at the site. Supported a Continuance. Commissioner Barry also supported a Continuance with the requirement that the story poles be moved 18 feet to the north. Director Tom Sullivan cautioned that the 12 months for the Extension begins at the previous expiration date which was May 17, 2002. Saratoga Planning Commission Minutes of July 10, 2002 Page 17 Commissioner Roupe asked if there is any latitude in that fact. Director Tom Sullivan replied no. Motion: Upon motion of Commissioner Roupe, seconded by Commissioner Garakani, the Planning Commission continued consideration of the request for an extension of approval for 14805 Masson Court to a date uncertain and with the conditions that: 1. That a Record of Survey be prepared for the property and 2. That story poles showing the building envelope relocated 18 feet laterally to the north from its original location, be installed. AYES: Barry, Garakani, Jackman, Kurasch and Roupe NOES: None ABSENT: Hunter and Zutshi ABSTAIN: None Chair Jackman reopened the Public Hearing for Agenda Item No. 4 at 10:30 p.m. Mr. Liu, Applicant: • Asked to be able to leave the original poles on the original location and put balloons 18 feet to the north. Commissioner Roupe stated that the poles are not in the right location as they are even for the original approval. Chair Jackman told Mr. Liu that the Commission has given him specific instructions. Commissioner Garakani asked Mr. Liu what the purpose would be to keep the poles where they are with the balloons depicting the 18-foot relocation. Mr. Liu said to provide a comparison. Commissioner Roupe said that the current placement is incorrect now. Mr. Liu asked if he could use balloons instead of poles since the terrain is steep. Commissioner Barry said that she has no problem with heights being depicted by balloons. Chair Jackman reclosed the Public Hearing for Agenda Item No. 4 at 10:35 p.m. *** DIRECTOR’S ITEMS There were no Director’s Items. COMMISSION ITEMS Chair Jackman asked about scheduling a Retreat. Saratoga Planning Commission Minutes of July 10, 2002 Page 18 Commissioner Garakani asked for more information on what a Retreat would involve. Director Tom Sullivan advised that a Retreat offers the Commission a chance to discuss issues informally (although it is an advertised meeting) and perhaps have guest speakers. Commissioner Roupe suggested that the Commission think about issues to discuss. Chair Jackman said the Commissioners should think about subjects and dates and asked how October would be for the Commissioners. Director Tom Sullivan said that mid-October would be good and said that Saturdays work best. Chair Jackman advised that Council has made recommendations on the Basement Ordinance. Director Tom Sullivan advised that Council has directed staff to make modifications so that if 80 percent or more of a basement is subterranean, the 20 percent that sticks out would still be counted as basement instead of counted as floor area. Twenty-one (21) percent or more would be counted against the floor area. Added that Council is appreciative of the Commission’s efforts. Commissioner Kurasch announced that she is not certain of her availability for the August 14th Commission meeting as she has family obligations. Commissioner Garakani suggested moving the times of site visits from 3 to 5 p.m. on Tuesdays to 11:30 a.m. to 1:30 p.m. on Tuesdays. Chair Jackman suggested trying this for the next site visit. Commissioner Roupe asked staff for some standard boilerplate requirements for Conditions of Approval. Director Tom Sullivan advised that this issue falls within Commissioners Hunter and Barry’s Subcommittee. COMMUNICATIONS There were no communication items. ADJOURNMENT TO NEXT MEETING Chair Jackman adjourned the meeting at 10:48 p.m. to the next regular meeting set for Wednesday, July 24, 2002, to begin at 7 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk