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HomeMy WebLinkAbout11-28-2001 Planning Commission Minutes MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, November 28, 2001 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Acting Chair Kurasch called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE ROLL CALL Present: Commissioners Garakani, Hunter, Kurasch and Zutshi Absent: Commissioners Barry, Jackman and Roupe Staff: Director Tom Sullivan and Associate Planner John Livingstone APPROVAL OF MINUTES – Regular Meeting of November 14, 2001. Motion: Upon motion of Commissioner Hunter, seconded by Commissioner Zutshi, the regular Planning Commission minutes of November 14, 2001, were approved as submitted. AYES:Garakani, Hunter, Kurasch and Zutshi NOES: None ABSENT: Barry, Jackman and Roupe ABSTAIN: None ORAL COMMUNICATIONS There were no oral communications. REPORT OF POSTING AGENDA Director Sullivan announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on November 23, 2001. CONSENT CALENDAR There were no Consent Calendar items. PUBLIC HEARING - ITEM NO. 1 DR-01-030/V-01-016/ED-01-006 (503-30-061) – KOHN, 14168 Perata Court: Request for Design Review and Negative Declaration approval to construct a new 4,200 square foot two-story residence with a 1,520 square foot basement, and demolish an existing 6,712 square foot residence. Maximum height of the structure will be 26 feet. The variance is to allow construction on a slope greater than 30%. The 40,068 square foot parcel is located in the HR zoning district. Saratoga Planning Commission Minutes of November 28, 2001 Page 2 Mr. John Livingstone, Associate Planner, presented the staff report as follows: • Advised that this is a three-part request for approval of a Negative Declaration, Design Review and Variance to allow the construction of a 4,200 square foot, two-story residence with a 1,500 square foot basement. The existing 6,700 square foot, two-story residence will be demolished. The new residence will have a maximum height of 26 feet. The subject property is a 40,000 square foot lot in the Hillside Residential zoning district. • Per CEQA requirements, an Environmental Review was prepared. The EIR was required due to the fact that grading on a slope that exceeds 10 percent is involved. Following the EIR, the determination was made that this project will have a less than significant impact due to the fact that the new residence will be constructed on the same location within an already developed area. • Stated that per City Code, any building on property above a 30 percent slope requires issuance of a Variance. Staff can make the findings for the Variance because this is within a developed neighborhood, on an existing developed site. The City’s Geologist has cleared a geotechnical report. Most of the cut is for the basement and pool. • Advised that the Design Review meets the criteria for integrating into the topography. Existing mature trees and landscaping will be retained. The new home will be situated on the same location on the site. The mass of the façade has been broken by continual changes that reduce the bulk. The home’s design protects the privacy of adjacent neighbors in part due to the retention of the existing trees and landscaping. There are limited views of this subject property by surrounding homes. • Informed that the roofing material is brown metal in a curving shape. • Stated that staff recommends approval of the Negative Declaration, Design Review and Variance for this proposal. • Advised that both the applicant and project architect are present and that two letters were provided as table items this evening from neighbors outlining issues of concern. Acting Chair Kurasch inquired about the setback for the gazebo. Acting Chair Kurasch opened the Public Hearing for Agenda Item No. 1 at 7:10. Mr. Stephen Clark, 14900 Pierce Road, Saratoga: • Extended his clients’ regrets for not being in attendance. Both had business commitments. • Informed that he has worked with the Kohns for the last year in designing a residence to meet their needs. They prefer a contemporary architecture. • Said that they tried to use the existing residence but found it impossible to do so as it is larger and taller than they wanted. • Said that the key issue appears to be the impact of one portion of the family room roof which is six feet higher than the current roof in this area, which causes concern from the adjacent neighbor as it encroaches on the views from her home office window. • Advised that this area of the roof is 10 feet below the 25-foot allowable limit and therefore well within the guidelines. • Replied to Acting Chair Kurasch’s question about the placement of the gazebo by stating that it is 30 feet from the property line. Acting Chair Kurasch asked Mr. Clark if there is some design change he can make to this portion of the roof causing concern to the neighbor. Saratoga Planning Commission Minutes of November 28, 2001 Page 3 Mr. Stephen Clark replied that he could change the design of the roof for the area in question. Added that his clients have agreed to trim trees in order to assist in clearing a view. Agreed that a slice of view will be blocked by new construction but well below what it could have been. Acting Chair Kurasch stated that it appears no portion of the roof is as high as the 26 feet proposed. Mr. Stephen Clark replied that at the eave of the living room, the roof height would be 26 feet. He reiterated that the family room roof runs perpendicular to the roof and is higher on the left and right but lower than the 26-foot limitation. Acting Chair Kurasch asked what the result has been in meeting with the neighbors. Mr. Stephen Clark said that he hoped the results were good. Said that all but this one issue was resolved. Mr. Perata’s issues can be mitigated. Associate Planner John Livingstone added that any existing fences on site must be in conformance as a Condition of Approval. Mr. Stephen Clark replied that his clients have no problem eliminating that fence. Acting Chair Kurasch asked what materials would be used for the retaining wall. Mr. Stephen Clark: • Replied that keystone is one option but the least one liked. • Said that additionally concrete or concrete block could be faced with some sort of natural stone. • Suggested that they provide three proposed types of stone and allow the applicant and neighbors to select their preferred. • Advised that this retaining wall was contentious between the former owners of this site and the current adjacent neighbors. If this retaining wall were not required, they would rather not have a retaining wall. • Reiterated that they plan to mitigate as many neighbor issues as possible as they did not want to do anything objectionable. Commissioner Zutshi inquired about building materials. Mr. Stephen Clark advised that they would love to use limestone and/or inserts but they are not in the budget. Said they would use lotted stucco in a flat monotone. Commissioner Zutshi asked about the roof material. Mr. Stephen Clark advised that the roofing is brown metal standing seam roof with a rounded top. Added that the entire house is being developed for music, with Mr. Kohn being an accomplished pianist. The living room will be a recital room. The siding of the home will be stucco. Acting Chair Kurasch pointed out that per the sample, the roof appears to be terra cotta in color. Mr. Stephen Clark replied that the final selection has not been made. Saratoga Planning Commission Minutes of November 28, 2001 Page 4 Acting Chair Kurasch said that the color of the walls seems light. Mr. Stephen Clark assured that the color proposed is lighter than depicted on the drawing. Added that the Kohns would like the house as light as possible as it is a contemporary structure. Acting Chair Kurasch stated that visibility is considered, particularly on the Hillside District. The City prefers muted earth tones. Asked Mr. Clark if he objects to that requirement. Director Tom Sullivan suggested that the Commission continues with the Public Hearing and discusses specific issues afterwards. Mr. Don Perata, Owner of 14146 and 14144 Perata Court, Saratoga: • Advised that he submitted a letter yesterday and has since met with the architect. • Informed that he is now quite comfortable that all issues he has raised will be satisfied. • Stated that he likes the project and its architecture and has no concerns. Ms. Julie Wise, 14180 Perata Court, Saratoga: • Stated that she provided a letter yesterday and that two issues raised in her letter have been resolved. • Said that the gazebo placement and height are still a bit of a concern. • Added that the roof of the family room will block out a portion of their view, which is still a questionable item of concern to her. Acting Chair Kurasch asked Ms. Wise if the problem is not being able to visualize what the structure would look like. Ms. Julie Wise replied that while she has asked for a superimposed image of the proposed house on the site, the architect has not yet been able to provide it for her review. Mr. Stephen Clark: • Agreed that Ms. Wise has legitimate concerns as she spends lots of time in her office and the window in that room has a lovely view of which a wedge will be blocked by this particular design. Acting Chair Kurasch asked Mr. Clark if some sort of resolution is possible or whether he was set on this design. Mr. Stephen Clark replied that they are set with their design at this point. Pointed out that he has worked with two different City Planning administrations. If asked if the design could change, he said he did not see how. Director Sullivan pointed out that the Commission has the option to continue this item. However, it may want to work through all other issues, if possible, and perhaps take action subject to the provision of providing the necessary visual information to Ms. Wise. Mr. Stephen Clark agreed that he preferred to continue the hearing. Acting Chair Kurasch closed the Public Hearing for Agenda Item No. 1 at 7:40 p.m. Saratoga Planning Commission Minutes of November 28, 2001 Page 5 Commissioner Hunter: • Stated that this architecture is very different from the surrounding houses and is unique. • Advised that she was disappointed that the applicant did not work out all issues with the neighbor prior to this meeting. • Expressed support as long as the issue of the retaining wall can be worked out. • Questioned the location of the gazebo. Commissioner Garakani: • Said that he was okay with the house design. • Suggested cutting into the land to place the gazebo in a half circle so that it is straight. • Offered that perhaps the pillars could be reduced to reduce the bulk. Commissioner Hunter stated that the color of the house should not be too light in order to blend in better into the hillside. Commissioner Zutshi: • Said that she was okay with the gazebo as long as it is reduced in mass and bulk. • Stated that the height of the roof could be a problem. • Expressed that this is a unique house with lots of glass and wondered how the potential for glare could be reduced. Associate Planer John Livingstone pointed out that the house faces a northerly direction with no direct sun so glare should not be a concern. What might be visible are household lights in the evening. Acting Chair Kurasch: • Stated that she has several issues, including the fact that the gazebo will be very prominent and that she would like to see it scaled back, perhaps by reducing the size of the beams and posts and by using earthtone colors. • Said that there are diverse architectural styles in the area, most of them traditional. • Offered that the fact that this house is smaller than the current structure and will be nestled into the hillside is in its favor. • Suggested adding a condition that the roof conflict be resolved to the satisfaction of the neighbor or brought back before the Commission for final decision. Commissioner Garakani opined that making the home darker might take away from the design itself. Acting Chair Kurasch said that it is not inappropriate to make the house darker in order to blend into the hillside. Commissioner Hunter agreed and added that it is important to make an effort to keep the Hillside District splendid. Commissioner Garakani suggested installation of a story pole for the gazebo to demonstrate the height and location for the neighbors. Motion: Upon motion of Commissioner Hunter, seconded by Commissioner Garakani, the Planning Commission approved a Negative Declaration (ED-01-006), Design Saratoga Planning Commission Minutes of November 28, 2001 Page 6 Review (DR-01-030) and Variance (V-01-016) to allow a new 4,200 square foot two- story residence with a 1,520 square foot basement on property at 14168 Perata Court with the added conditions: 1. That the applicants work with the Wises on the roof contours as it impacts views from the Wise home, subject to approval by the Community Development Director and/or the Planning Commission if no consensus is reached; 2. That the applicants work with the adjacent neighbors in selecting a mutually satisfactory natural stone for facing the retaining wall, subject to approval by the Community Development Director; 3. That a story pole for the gazebo be installed for review by the neighbors; and 4. That the Community Development Director approves the roof and stucco’s earth tone colors. AYES:Garakani, Hunter, Kurasch and Zutshi NOES: None ABSENT: Barry, Jackman and Roupe ABSTAIN: None Director Sullivan restated that if the issues at large are not resolved, the item will come back to the Commission for further review and action. Acting Chair Kurasch advised that there is a 15-day appeal period before this action is final. *** PUBLIC HEARING – ITEM NO. 2 DR-01-042 (503-69-017) – KOHLER, 21842 Via Regina: Request for Design Review approval to construct a new 6,174 square foot two-story single-family residence. The existing 4,122 square foot single-family residence would be demolished. The 113,256 square foot parcel is located in the H-R Zoning District. The proposed height is 26 feet. Director Tom Sullivan presented the staff report: • Advised that the applicants propose to demolish a 4,122 square foot residence and seek Design Review approval for a new 6,174 square foot two-story residence with a basement. The 113,256 square foot site is located within the Hillside Residential Zoning District. • Stated that the neighborhood has a variety of architectural styles with rural character. While this is a departure from the Ranch style, its colors are compatible with the neighborhood and natural environment. The proposed grading is consistent and the proposed use of natural materials is consistent with policy. The roofline is varied, the front door has a ten-foot door, and stonework chimneys and dormers are included in the design. This is an evolving neighborhood and the proposed colors and materials are consistent. • Informed that there are 19 significant trees on site that will be retained. Protection measures have been outlined by the Arborist and are incorporated into the Conditions of Approval. • Fencing will be limited to 4,000 square feet. Fencing exists on the east, south and west sides while the north side is unfenced. • The proposed cut and fill is less than 1,000 cubic yards, which is considered minimal. Additionally, the City’s Geotechnical Engineer will review the construction documents. Saratoga Planning Commission Minutes of November 28, 2001 Page 7 • Advised that there are three proposed fireplaces and three chimneys. Only one will be wood burning. The specifics as to which will be the wood burning and which would be gas will be noted on the building plans. • Informed that the Commissioners have been provided with a memorandum from the City Attorney on the issue of Trails Access. • Recommended approval. Acting Chair Kurasch asked for more information on the Trails Access Program. Director Tom Sullivan said that the location is depicted on the Master Plan for trails. Acting Chair Kurasch opened the Public Hearing for Agenda Item No. 2 at 8:02 p.m. Mr. Wilheim Kohler, 21842 Via Regina, Saratoga: • Identified himself as a 30-year resident of Saratoga, 25 years on this property. • Pointed out that he has many beautiful trees on his property. • Said that the impervious surfaces on his property will be reduced by about 8.5 percent with his new home while he will gain 1,000 square feet in living space. Additionally, more open space will be left around the house. • Said that the second story will be less obtrusive than the current house’s second story. • Said that this will be a nice home. • Advised that he has always allowed access to the equestrian trail and has signs to that effect. However, he does not want this to become a public trail access as that would create more intense use close to his house that he could not control. He is okay with horses crossing his property with his permission and under his control. • Pointed out that many inaccuracies were included in the mailer sent out by the Trails Group. • Introduced his architect and attorney. Mr. Jun Sillano, Architect: • Thanked staff. • Said that there is minimal bulk in the structure, that it will be constructed on the existing pad with the second story portion situated behind the single story as seen from the front elevation. The roofline reduces the mass. They have exposed wood beams and corbels and undulating walls. They have used different textures and fenestration. • To satisfy Policy 2, requiring the integration into the environment, they are able to integrate this house into the environment due to the existing mature landscaping that will be retained. They will also retain the existing driveway. • To satisfy Policy 3, requiring sensitivity to privacy of neighbors, they have done so by meeting required setbacks and by providing privacy screening through landscaping. • Said he was available for any questions. Commissioner Zutshi asked Mr. Sillano to identify where the wood burning fireplace would be located. Mr. Jun Sillano replied the family room. Commissioner Zutshi asked if the fireplace in the courtyard will be gas or wood. Saratoga Planning Commission Minutes of November 28, 2001 Page 8 Mr. Jun Sillano replied gas. Acting Chair Kurasch expressed concern about the closeness of the garage and drive to a ravine. Mr. Jun Sillano advised that just a small sliver of the ravine is being encroached by the drive. They plan to keep the topography as it is. Acting Chair Kurasch asked Mr. Sillano if they are willing to drain water away from this ravine to avoid runoff into the Bay. Mr. Jun Sillano assured that on-site water will be collected. Director Tom Sullivan pointed out Condition No. 10 to that fact. Acting Chair Kurasch suggested the use of predominately native landscape materials for any future landscaping. Commissioner Hunter asked if there is a ravine on the property. Mr. Jun Sillano said no. He added that this is just a sloping side. Mr. Bill Sweitzer, 14151 Woodview Lane, Saratoga: • Identified his home as being on the flatlands and advised that he owns four horses that have been boarded at Garrett’s for a number of years. • Said that he has used trails over the years without issue. • Cautioned that making it public could be detrimental to equestrians if bicyclists and motorcyclists were to begin to use these trails used by equestrians. These activities would spook horses. • Pointed out that an arrangement has been in place for a number of years and works well so there is no need to make a change. Ms. Jane Wilson, 14040 Pierce Road, Saratoga: • Advised that she boards horses on Via Regina and that Mr. Kohler has allowed access to the trails through his property. • Read a letter by friend, Nancy White, who could not be in attendance. The letter thanked for the opportunity to provide input. Stated support for the new home. Expressed concern about the potential loss of accesses to trails and stated how important it is to keep this trail link open. Ms. Laura Yelavich, 1677 Blaney Avenue, Saratoga: • Advised that she is 10 years old and that her grandparents live next door to the Kohlers. • Informed that she has ridden horses since she was three. • Suggested that the use of the access be limited to residents of Via Regina. Ms. Linda Yelavich, 1677 Blaney Avenue, Saratoga: • Thanked Mr. Kohler for the continued use of his access to the trail. • Expressed support for his project and said that her only concern is with future owners. • Said that she would like to see the trail access dedicated as an easement access. Saratoga Planning Commission Minutes of November 28, 2001 Page 9 Acting Chair Kurasch stated that the Planning Commission does not have a mechanism to require a trail access easement in this application. Ms. Linda Yelavich advised that she has used trails for 40 years and would love to see Mr. Kohler dedicate it as a trail access. Mr. James Baron, 19830 Via Escuela, Saratoga: • Stated that this is a unique situation for a trail and the only people who have used this trail over the last 40 years are neighbors. This is a neighborhood community trail in his opinion. • Expressed concern that the property will be sold and access closed off. • Said that Mr. Kohler had the public trail aligned with his property and that he has benefited financially from that fact by boarding horses on his property. • Suggested that this area has been maintained, marked and fenced as a trail with public funds over the years. • Offered that he believed the Commission can require trail access because more than a 50 percent addition is being constructed. • Said that the elevations are excessive and bulky, that story poles should be installed on all corners of the property and stabilization of the slide area should occur. • Requested a bond be required to ensure repairs to the private road that may result from construction traffic. Acting Chair Kurasch asked Director Sullivan if there is such a provision. Director Tom Sullivan advised that such a Condition can be imposed. Ms. Teri Baron, 19830 Via Escuela, Saratoga: • Said that she boards horses and did so with the Kohlers for eight years previously. • Advised that she developed a group, Saratoga Trail Enthusiasts, and has spent a great deal of time and effort to ensure that trials were properly put in as required. • Stated that trails provide community accesses only. They are minimally marked and only used by pedestrians and equestrians. • Suggested that Mr. Kohler put in writing that access for equestrians will continue. Access can be specific and private to those on Via Regina, such as a private easement. • Stated that she believed this property would be sold soon and that this is the time to ask. Acting Chair Kurasch pointed out that the Mt. Eden Trails were required during a subdivision. Ms. Teri Baron stated that she wants the access use in writing for permanent access for residents of Via Regina. Commissioner Zutshi asked how Ms. Baron if she believes the City funded the trail. Ms. Teri Baron said yes. Commissioner Zutshi asked Director Sullivan if this issue is within the purview of the Commission. Director Tom Sullivan replied that, in the view of the City’s Attorney, it is not. Saratoga Planning Commission Minutes of November 28, 2001 Page 10 Jolie Houston, Esq., Berliner Cohen: • Said she wished to clarify for the record that they object to the allegation that the access has been used for 40 years and that it was designated a trail in the past. Access was made available by permission only. Mr. Kohler wants to maintain his rights. Additionally, he has the right to sell his property. He is willing to allow use by permission only. • Offered that a lot of opinions have been shared that are not relative to this Design Review. • Clarified that the City Engineer and Architect have relied on maps for square footage and this is well within the 50 percent improvements range. • Stated her concurrence with the City Attorney’s finding that there is no legal nexus for trail dedication at this time. Acting Chair Kurasch clarified for Ms. Houston that the Commission did not hear anyone say that this trail was dedicated. Ms. Sheila Daly, 21931 Via Regina, Saratoga: • Advised that she has lived here 18 years and has been riding in the area over 20 years. • Thanked Mr. Kohler for access to the trail for her and her children. • Said that the only access is through Mr. Kohler’s property and that he did work hard to have the public trail access to his property. • Stated that this is the only rural pocket left for equestrians. • Suggested that road dedication be given and perhaps locks and gates could be installed to control access such as she has seen done in Woodside. • Said that requiring a bond to ensure the road’s condition following construction of this house is a terrific idea. Advised that between $35,000 to $50,000 was recently spent by the property owners on Via Regina to put in a new road. Mr. William Brooks, 20230 Merrick Drive, Saratoga; • Stated that he has been riding horses in the area for 20 years and using this access to the trail, although he is not a neighbor of the Kohlers. • Said that he was sad to see that support has disappeared. • Pointed out that the access does not divide the Kohler property but is situated beneath a PG&E easement to one side. • Questioned the legal size of the existing Kohler home, stating that he felt is important to determine whether the new house is greater or less than 50 percent in order to see if the City does have the power to require a permanent trail access. With this, there is the potential of finding that a trail access is a matter of public necessity. • Urged the Commission not to allow the loss of a link. Once that link is lost, it is gone forever. • Asked the Commission to use its ingenuity. Director Tom Sullivan advised the Commission that if it was so disposed, they could adopt a motion suggesting that Council pursue eminent domain or purchase of easement rights. Mr. Mike Moazeni, 21781 Via Regina, Saratoga: • Stated his full support of the construction and opposition to the idea of establishing a public trail access on the Kohler property. • Pointed out that Via Regina is a private road that is not maintained by the City. Saratoga Planning Commission Minutes of November 28, 2001 Page 11 • Described that there are a lot of flies in his neighborhood as a result of the number of horses in the area and asked that Ordinance standards, which limit the number of horses, are enforced. Ms. Delora Sanfilippo, 21834 Via Regina, Saratoga: • Said that she believed Mr. Kohler has complied with City requirements regarding any previous construction on his home. • Said that if the garage requires a retaining wall, she would request screening of that wall from her property. • Expressed opposition to the idea of a public trail access. • Explained that the property owners of Via Regina pay for the maintenance on their private road and requiring public access across private property constitutes a taking. • Stated that there are liability issue concerns with public use of this access. Commissioner Hunter asked Ms. Sanfilippo how long she has resided on this road. Ms. Delora Sanfilippo replied 16 years. Ms. Kathy Horner, 13857 Pike Road, Saratoga: • Advised that she has boarded her horse on Via Regina for the last 9 years and used the access on the Kohler property for the last 17 years. • Said that this trail access is a necessity. • Declared that most points made have been well stated. • Opined that this situation affects only Mr. Kohler’s neighbors, who would have to walk or ride their horses on busy Pierce Road as an alternative to using his access to the trail. • Agreed that this should not be a public trail. • Thanked Mr. Kohler for the years he has been permitting access through his property to the public trail and stated that to let this access continue would be a legacy to him. • Asked Mr. Kohler to please allow the continued access. Mr. Wilheim Kohler, Applicant: • Said that he wants to stay nice and keep the access available for neighbors and friends. • Provided a historical background on the trail, advising that it did not exist when he first purchased the property. Riders used to simply cross his front yard so he put wire fencing 30 to 40 feet to channel people away from the house. Since that time, people just crossed since it was open although he never made an official trail. • Restated that this is a private road and there are nine signatures from Via Regina property owners who do not want the trail made public and three additional signatures were faxed under separate cover. • Emphasized that he did not wish to establish a public trail. Commissioner Zutshi pointed out the Mr. Kohler that people seem to be concerned about what might occur in the event that he sells this property. Commissioner Garakani said that it is important to try to reach a win-win situation. Said that while the public does not have the right to access his property, during this pending construction the neighbors will experience disturbance. Said that it would be nice if Mr. Kohler could write something that assures that Saratoga Planning Commission Minutes of November 28, 2001 Page 12 if this property is sold the new owners will give the right to access until all the horses that are presently boarded on Via Regina properties die. Commissioner Hunter asked Mr. Kohler if he supports the requirement for a bond to assure the condition of the road by the conclusion of construction. Mr. Wilheim Kohler said that there is a lot of building underway in the area and always something going on. Assured that he would make sure that no damage occurs to the roadway as a result of his construction. Acting Chair Kurasch clarified that Mr. Kohler appears to have no objection to a reasonable bond for potential damage to the road. Acting Chair Kurasch closed the Public Hearing for Agenda Item No. 2 at 9:07 p.m. Commissioner Hunter expressed confusion over questions raised about the size of the existing house. Director Tom Sullivan advised that City records are based on building plans submitted for the 1992/1993 remodel whereas the County Tax Assessor’s information is different. The City is convinced the size is the same as is reported in the staff report. Acting Chair Kurasch asked why both the City and County keep records. Director Tom Sullivan replied that the County keeps its own records for tax purposes. Staff triple checked City records. Square footage counts anything not open on three sides. Commissioner Hunter reminded about the concerns expressed over the retaining wall. Director Tom Sullivan suggested that the Commission can add a Condition of Approval regarding facing the retaining wall with stone and reminded that the City’s Geotechnical Engineer will be reviewing the proposed plans to ensure applicability of the retaining wall. Commissioner Hunter asked for verification of the PG&E easement. Director Tom Sullivan said that there is such an easement. Such easements are generally for a specific use. Commissioner Hunter asked Director Sullivan if it is possible to have more than one use for an easement. Director Tom Sullivan replied yes. Commissioner Garakani expressed concern about the bulkiness of the garage and questioned the function for dormers on the windows for this garage. Director Tom Sullivan advised that the dormers serve to break up the roofline. Saratoga Planning Commission Minutes of November 28, 2001 Page 13 Commissioner Garakani said that it creates mass. Pointed out that the roof of the garage is much higher than the roof on the front section of the home. Also brought attention to the fact that there are four rather tall chimneys. Acting Chair Kurasch reminded that there is a limit of one woodburning fireplace. The other chimneys will simply be venting chimneys for gas fireplaces. Director Tom Sullivan said that this is for the architect to say. Perhaps it is a design issue to provide clearance over roof areas. Acting Chair Kurasch suggested that the Commission can require the chimneys to be limited to the minimum height necessary to meet Code requirements. Commissioner Garakani suggested a reduction in the garage roofline and stated his concern over potential impacts on the root line of the Oak tree. Acting Chair Kurasch said that she too was concerned about the configuration of the garage to the slope. Acting Chair Kurasch reopened the Public Hearing for Agenda Item No. 2 at 9:17 p.m. Mr. Mark Thomas, Project Builder: • Assured that he has met with the City’s Architectural Advisor, Barrie Coates, to specifically discuss the garage and potential construction impacts on the oak tree. Mr. Coates recommendation was to build using pier and beam construction so that no trenching activity will occur. With that, Mr. Coates is satisfied. • Stated that the height of the retaining wall is a minimal two to three feet. Commissioner Garakani asked if any fill would be required for the area around the garage. Mr. Mark Thomas replied that there will be fill inside the foundation for the garaged but not outside the foundation. Commissioner Garakani asked for the purpose of the windows in the garage. Mr. Jun Sillano, Project Architect, replied that they are necessary to bring in natural light into the three- car garage. There are no privacy impacts on the neighbors. Pointed out that the roof height of the garage is only 18 feet. Acting Chair Kurasch asked Mr. Sillano if the garage can be made smaller in order to reduce its mass. Mr. Jun Sillano answered that the garage is only 34 by 21 feet in interior space, which is not big for a three-car garage. Acting Chair Kurasch asked if the stone pillars between the garage doors can be reduced in width. Mr. Jun Sillano clarified that the area between the doors is stucco and not stones and that the size is necessary to provide the three-car garage. Saratoga Planning Commission Minutes of November 28, 2001 Page 14 Commissioner Garakani asked for the roof height. Mr. Jun Sillano advised that the garage roof’s pitch will match the house’s. Acting Chair Kurasch asked for clarification on why the fireplace chimneys are so tall. Mr. Jun Sillano advised that Code requires these chimneys to be two feet above the highest ridge. Assured that they will build chimneys only as allowed by Code. Acting Chair Kurasch reclosed the Public Hearing for Agenda No. 2 at 9:28 p.m. Commissioner Garakani said that his concerns include the questions about the legality of the square footage of the existing house, the garage height and the furthest back chimney’s height. Commissioner Zutshi agreed that the garage height should be reduced. Acting Chair Kurasch: • Stated that the house design is thoughtful and well-planned design of which she has no objection. • Said that she could support a modification to the roof of the garage so that it appears less bulky and did not believe this change would harm the architecture. • Suggested the use of native landscaping particularly near the ravine. • Supported the idea of a bond for the protection of the private road. • Declared that she did not believe the Planning Commission hearing is the venue for consideration of trail access and could not be considered as a part of this application. • Expressed that she did not feel that staff has made calculation errors in the size of the existing home. • Pointed out that any decisions of the Commission can be appealed to Council. • Supported a requirement for limiting the minimum height of the chimneys per Code. Commissioner Hunter: • Said that she has no problem with the garage as proposed and pointed out that it faces the side. • Supported the bond to protect the road. • Pointed out that Mr. Kohler seems willing to talk with his neighbors and will keep things as they are as long as he owns the property. • Agreed that one solution to limit access is to install fences. Acting Chair Kurasch asked if Commissioner Hunter is supportive of a requirement to reduce the roof height for the garage. Commissioner Hunter said that the roof height is right for the house and supports the chimneys’ heights as long as they are to Code. Motion: Upon motion of Commissioner Garakani, seconded by Commissioner Zutshi, the Planning Commission approved a Design Review (DR-01-042) to allow a new 6,174 square foot, two-story residence on property at 21842 Via Regina with the added Conditions of Approval to: Saratoga Planning Commission Minutes of November 28, 2001 Page 15 1. Reduce the height of the garage roof; 2. Assure that the chimney heights are no higher than the minimum required by Code; 3. Submit a bond to ensure the good condition of the private road by the completion of construction; 4. Add a natural material stone to face the retaining wall; and 5. Use predominately native landscaping on the site. AYES:Garakani, Kurasch and Zutshi NOES: Hunter ABSENT: Barry, Jackman and Roupe ABSTAIN: None Acting Chair Kurasch advised that there is a 15-day appeal period. *** Acting Chair Kurasch called for a break at 9:38 p.m. Acting Chair Kurasch reconvened the meeting at 9:49 p.m. PUBLIC HEARING – ITEM NO. 3 DR-01-038 (397-35-011) – JONES, 19369 Crisp Avenue: Request for Design Review approval to construct a new 5,493 square foot single-story, single-family residence. The existing 4,239 square foot single-family residence would be demolished. The 40,093 square foot parcel is located in the R-1- 40,000 Zoning District. The proposed height is 21 feet. Mr. John Livingstone, Associate Planner, presented the staff report as follows: • Advised that this application seeks Design Review approval for the construction of a 5,400 square foot, single-story residence and the demolition of the existing 4,200 square foot home. The maximum height will be 21 feet and the 40,000 square foot lot is located in an R-1-40,000 Zoning District. • Pointed out that such a project would typically be handle through an Administrative Design Review since it involves replacing a single-story home. However, the new home’s proposed height exceeds 18 feet, which requires Planning Commission review. • Stated that the applicant is seeking approval for 21-foot height in order to allow an increase in roof pitch. The actual maximum allowable height limit is 26 feet. • Advised that all criteria are met by this project. The house will be located on the same pad and may use the same foundation, if possible. The majority of the mature landscaping will be retained. The project has a varied roofline and articulation is achieved with architectural windows and use of stone. • Said that staff is in support of this proposal. Acting Chair Kurasch opened the Public Hearing for Agenda Item No. 3 at 9:55 p.m. Mr. Gary Kohlsaat, Project Architect: • Advised that this project began when Mrs. Jones wanted a new cooktop. • Stated that they plan to leave the rear landscaping alone. Saratoga Planning Commission Minutes of November 28, 2001 Page 16 • Said that they came to the realization that remodeling this home did not make sense. The Jones wanted higher ceilings and walls, a more custom home. This new design has articulation and fits better into the neighborhood. The new home will have approximately 1,100 square feet of additional living area. • Informed that they had tried to keep the house under 18 feet in height but felt that the increase in height was important enough to make it worth participating in a Public Hearing before the Planning Commission. • Said that the existing home is already 18 feet and this new home will not block any views. Overall this project is pretty straightforward. Commissioner Garakani asked for the width of the arch column. Mr. Gary Kohlsaat replied 30 inches. Commissioner Garakani said that it appears to be bulky. Mr. Gary Kohlsaat reminded that it is symmetrical on both sides. Acting Chair Kurasch said that the arch does not come out too far. She added that the driveway, currently long and wide is changing. Mr. Gary Kohlsaat said that they are reducing impervious surfaces by quite a bit. Acting Chair Kurasch asked if all existing trees will be retained. Mr. Gary Kohlsaat replied yes. Acting Chair Kurasch asked what material is being used for the garage door. Mr. Gary Kohlsaat said that they are looking at several custom garage doors. They are gearing toward a cedar with a whitewash stain. Commissioner Garakani asked what material is being used on the entry pillar. Mr. Gary Kohlsaat replied solid wall veneer faced with stone. Commissioner Hunter asked if the roof is really speckled. Mr. Gary Kohlsaat said that there is some variation in color but the material is a beautiful natural clay tile. Acting Chair Kurasch asked about the wall outside the dining room. Mr. Gary Kohlsaat said it encloses a little patio and has been counted into the total square footage. This wall is two to two-and-a-half feet high. Acting Chair Kurasch stated that this house seems reasonable, is not overly huge and has a nice quality design that will fit in well. Saratoga Planning Commission Minutes of November 28, 2001 Page 17 Acting Chair Kurasch reclosed the Public Hearing for Agenda Item No. 3 at 10:01 p.m. Motion: Upon motion of Commissioner Hunter, seconded by Commissioner Zutshi, the Planning Commission approved DR-00-038 to allow the construction of a new residence on property located at 19369 Crisp Avenue: AYES:Garakani, Hunter, Kurasch and Zutshi NOES: None ABSENT: Barry, Jackman and Roupe ABSTAIN: None Acting Chair Kurasch advised that there is a 15-day appeal period. *** PUBLIC HEARING – ITEM NO. 4 DR-01-020 (397-05-055) – 4 QUARTERS INC., 14377 Old Wood Road: Request for Design Review approval to construct a new 6,175 square foot two-story single-family residence. The existing 2,476 square foot residence would be demolished. The 49,701 square foot parcel is in the R-1-40,000 Zoned District. The proposed height is 26 feet. Director Tom Sullivan, presented the staff report as follows: • Advised that the applicants are seeking approval to demolish a 2,476 square foot, single-story residence and Design Review approval to construct a new 5,559 square foot, two-story residence with a 927 square foot basement. The maximum height would be 26 feet. The 615 square foot existing detached garage would remain. The 49,701 square foot site is located in an R-1-40,000 Zoning District. • Pointed out that the westerly portion of this property is heavily treed and has a creek. • Stated that staff is pleased with the selection of colors and materials. The house is to be situated on a nearly flat portion of the lot. The front portion of the house will be single-story with the two-story element situated to the rear of the home. The front entry is 60 feet away from the front property line while the existing house is 195 feet from the front property line. The existing driveway will be retained and little grading is required at about 400 yards. The conditions derived from the Geotechnical Report have been incorporated. • Advised that a woodburning fireplace will be situated on the outside patio and interior fireplaces will be gas. • Stated that staff is recommending approval as this project meets the guidelines of the Residential Handbook and the French Country design is not out of character for the area. Commissioner Garakani asked if the square footage of the garage has been counted. Director Tom Sullivan replied yes. Acting Chair Kurasch asked what the curved roof edges are called. Director Tom Sullivan replied he was unsure. Commissioner Zutshi asked if the exterior stairs are normal. Saratoga Planning Commission Minutes of November 28, 2001 Page 18 Director Tom Sullivan said they were not untypical. Acting Chair Kurasch asked if the area along the driveway is stabile enough. Director Tom Sullivan replied that remediation will be required if it is found not to be sufficiently stabile. This is a nice place to keep the driveway. Acting Chair Kurasch opened the Public Hearing for Agenda Item No. 4 at 10:11 p.m. Mr. Andrew Barnes, Applicant: • Stated that he has resided in this home for 15 years. • Advised that a few neighbors who had come this evening to support his application left as a result of the late hour. • Stated that he wanted a French-style home in recognition of his being half French. • Described his roof style as being Peragold. Commissioner Garakani asked about whether the roof of the foyer is flat on top. Mr. Andrew Barnes replied yes. Commissioner Garakani asked if there is a chimney on the back of the house. Mr. Andrew Barnes replied yes. Commissioner Garakani asked for the roof height. Mr. Andrew Barnes replied 21-foot ceilings inside with a 25.5-foot exterior roof height. The added height is to accommodate the height of the foyer. Acting Chair Kurasch said that the second roof in front of the foyer doesn’t appear to blend with the roof. Mr. Andrew Barnes advised that the purpose of the element is to give style to the house. Acting Chair Kurasch asked for the height of the entry doors. Mr. Andrew Barnes replied 42 inches wide by eight feet tall with a two-foot transom. There are double doors. Acting Chair Kurasch stated that the entry roof seems awfully imposing compared to the rest of the house. Mr. Andrew Barnes pointed out that the entry feature is located at 60 feet from the front property line with the remainder of the house back an additional six feet. Acting Chair Kurasch asked if bringing the house so much closer up front is to provide a larger rear yard. Saratoga Planning Commission Minutes of November 28, 2001 Page 19 Mr. Andrew Barnes said that the placement of the new house is based on where trees are located in order to maximize privacy of his neighbors. Acting Chair Kurasch asked about the sewer easement on the property. Mr. Andrew Barnes: • Replied that it runs all the way across the property. • Added that he cannot go further back without encroaching into that easement without redesigning the house. • Pointed out that he planted 40 trees on his property at a cost of $40,000 and asked for a waiver on the requirement for an $18,000 bond for the protection of trees. Director Tom Sullivan clarified that the north-to-south easements do not run parallel to the eastern property line. Acting Chair Kurasch asked Mr. Barnes if he is willing to change the color of the balcony railing to light gray instead of the proposed blue. Mr. Andrew Barnes said sure. Commissioner Hunter stated that she is delighted to see the use of Vermont slate. Mr. Andrew Barnes added that this slate is 3/4 inches thick and the house will last for many years to come. Acting Chair Kurasch asked if all sides will be veneered in stone. Mr. Andrew Barnes replied yes. Commissioner Garakani questioned the bulk and mass of the front entry. Mr. Andrew Barnes advised that there is a dome in the foyer so the ceiling must be higher to accommodate it. Commissioner Hunter asked about the two dormers in front. Mr. Andrew Barnes advised that one is in a closet and one brings light to the attic. Acting Chair Kurasch pointed out that there are a lot of details to this design. Mr. Andrew Barnes replied that this is not a small house or undertaking. Acting Chair Kurasch pointed out there is not a lot of symmetry to the two sides of the front elevation. Director Tom Sullivan advised that on the left side the windows are in a semi-circle for the dining room. Saratoga Planning Commission Minutes of November 28, 2001 Page 20 Mr. Andrew Barnes offered that he could move the windows on the right all the way to the floor easily to achieve more symmetry. Acting Chair Kurasch stated that there appears to be a lot of transoms in back but not in front. They are a bit busy which dilutes the effect of each one. Commissioner Garakani asked if there are gas or woodburning fireplaces. Director Sullivan advised that this is designated on the plans. If used primarily for a barbecue, the applicant can have a woodburning fireplace outside as well as one inside the home. Commissioner Garakani expressed doubt that such a big chimney is required for the outside fireplace/barbecue. Director Sullivan said that since it is situated so close to the building, a chimney of that size is required. He added that a minor technical correction to the Fire Conditions needs to be noted. A few conditions from a previous project were inadvertently left when used as a template and should be deleted. Additionally reference was made to a Code Section that should be 16-15070 rather than 16-15090 as noted in the Conditions. Acting Chair Kurasch closed the Public Hearing for Agenda Item No. 4 at 10:34 p.m. Commissioner Hunter said that with the use of gray rather than blue balcony wrought iron railing and a bond for the trees, she is fine with this home design. Commissioner Garakani said that as long as the front windows to the right of the front elevation are changed to match the left side, everything else is okay. He stated a problem visualizing the bulkiness of the foyer, which he believed should be thinned out and reduced. Director Sullivan pointed out that there is a functional side to the foyer element in that it also contains a stairway. Acting Chair Kurasch asked Commissioner Garakani if his concern is the size or height. Commissioner Garakani said both. Questioned if it is possible to reduce without adversely affecting the design. Director Sullivan suggested that if this is the consensus of the Commission, it could give staff that direction to work with the applicant and his architect to reduce as possible. Commissioner Garakani asked that it be made more modest and in keeping with the rest of the house. Acting Chair Kurasch agreed. Stated her support for the use of the same window features on both sides of the front elevation, which would look nice. Also supported the use of gray in place of blue wrought iron railing for the balcony. Commissioner Zutshi said that the home seems busy. Saratoga Planning Commission Minutes of November 28, 2001 Page 21 Director Sullivan assured that the stone will blend in together while the drawing seems to pop the details out. Motion: Upon motion of Commissioner Garakani, seconded by Commissioner Hunter, the Planning Commission approved DR-00-056 to allow the construction of a new residence on property located at 14377 Old Wood Road with the added Conditions to: 1. Reduce the size of the entry and foyer; 2. Resize the front windows to the right of the front elevation to match those on the left of the front elevation; and 3. Use gray wrought iron on the balcony railing. AYES:Garakani, Hunter, Kurasch and Zutshi NOES: None ABSENT: Barry, Jackman and Roupe ABSTAIN: None Commissioner Garakani asked if interest is paid on the bond. Director Sullivan advised that the bond is in the form of a Certificate of Deposit. Acting Chair Kurasch advised that there is a 15-day appeal period. *** DIRECTOR ITEMS Cancellation of December 26, 2001, Planning Commission Meeting: Director Tom Sullivan advised that the next meeting would be cancelled in light of the holiday. COMMISSION ITEMS Planning Commission Subcommittees Director Sullivan advised he would keep this item on the agenda in case issues come up. COMMUNICATIONS Minutes from Council meetings on September 5, 19 and October 9, 2001. ADJOURNMENT TO NEXT MEETING Acting Chair Kurasch adjourned the meeting at 10:43 p.m. to the next regular meeting set for Wednesday, December 12, 2001, to begin at 7 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk