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HomeMy WebLinkAbout04-25-1990 COUNCIL AGENDA STAFF REPORTSL7 PLANNING COMMISSION MEETING April 25, 1990 PUBLIC HEARINGS Continued Page 6 Commissioner Kolstad commented that he felt the house goes beyond the compatibility of the neighborhood but if the rest of the Commission feels the proposal is acceptable he would vote for approval. Because it is a predominant site in the neighborhood, he expressed concern about the colors and stated he would prefer them to be earth tone as opposed to gray stucco. BURGER /SIEGFRIED MOVED TO APPROVE DR -90 -005 ADDING A CONDITION THAT LANDSCAPING WILL BE PROVIDED ALONG THE WEST PROPERTY LINE PER THE ARTIST'S RENDERING AND SHALL BE INSTALLED PRIOR TO FINAL OCCUPANCY. Passed 6 -0. 6. UP -547.2 Brookside Swim Club, 19127 Cox Ave., Planning Commission review of the Brookside Club's compliance with the use per condition that prohibits the consumption of alcohol on the premises. ------------------------------------------------------------- Planning Director Emslie reviewed the staff memorandum dated April 20, 1990 which explained the background of this issue in detail. The Public Hearing was opened at 9:20 p.m. Ms. Sharon Torres, President of the Brookside Swim Club, addressed the Commission. She explained the activities which are held at the club. She said the club has no intention of changing the character of the club. Ms. Torres pointed out the club has never sold, nor does it intend to sell, alcoholic beverages. She said there have been discrepancies in the interpretation of the use permit in the past. The original use permit prohibited the use of alcohol but that was not carried over in wording in subsequent permits. By oral agreement with the Planning Commission in the 1970s, it was ruled that the Board at Brookside was allowed to make the judgment on the use of alcohol. Subsequent to that ruling, other Planning Commissions have reaffirmed the status of alcohol consistent with the first permit. Ms. Torres requested clarification of the use permit. She stated the issue should be an issue of noise and not one of alcohol and pointed out that the club has been making an effort to be sensitive to the noise created by some of the activities at the club. She also pointed out that the club must be able to hold a few reasonable social events in order to promote membership and to maintain the value of the club for the present members. On behalf of Brookside, Ms. Torres requested deletion of the prohibition of alcohol from the use permit. Ms. Dee Askew, 12651 Saratoga Creek Drive, addressed the Planning Commission. She presented a detailed report on the issues which have arisen between the neighbors and Brookside Swim Club over the PLANNING COMMISSION MEETING April 25, 1990 PUBLIC HEARINGS Continued Page 7 years. Ms. Askew voiced her opposition to the use of alcohol at the club. In response to a question from Commissioner Tappan, Ms. Askew stated that in the past year Brookside has tried to be.a good neighbor and that has been appreciated by the neighbors. She said she wanted to point out that if liquor is allowed at the club the neighbors will probably face the same problems that were faced in the past. Mrs. Susan Salutric, 12635 Saratoga Creek Drive, read a letter opposing the use of alcohol at the club from a neighbor who was unable to attend the meeting. Mr. Bob Salutric, 12635 Saratoga Creek Drive, addressed the Commission regarding his opposition to the use of alcohol at the club. He addressed the issue of safety of children in the area if alcohol is permitted at the club and the issue of excessive noise. Mr. Rick Ritter, 12634 Saratoga Creek Drive, addressed the Commission regarding his opposition to the use of alcohol at the club and the excessive noise which would ensue if alcohol is served at the club. Mr. Jeff Grundy, 19242 Gunther Court, addressed the Commission regarding the use of alcohol at Brookside and the resulting impacts to the neighborhood which include crowding, parking and safety of children in the area. Mr. Gene Steiger, 19186 Gunther Court, expressed his opposition to the use of alcohol at the club and the resulting impacts to the neighborhood. Commissioner Siegfried requested that Ms. Torres clarify the activities at the club. She indicated there are three or four social events a year that involve the raising of funds for the tennis committee and kicking off the junior programs. There is a group of people who play bridge. The tournaments usually involve a party in the evening, and there is socializing during the tournaments. Commissioner Tappan pointed out someone stated that one recruiting device used for bringing in new membership is that it is important that it be known alcohol can be consumed on the premises and questioned whether that was the policy of the club. Ms. Torres responded that memberships have never been promoted that way. She clarified she said it was necessary to have adult social functions in order to promote membership. PLANNING COMMISSION MEETING April 25, 1990 Page 8 PUBLIC HEARINGS Continued In response to a question from Ms. Torres, Mr. Emslie reviewed the status of the items the club was directed to comply with previously. TAPPAN /SIEGFRIED MOVED TO CLOSE THE PUBLIC HEARING AT 10:03 P.M. Passed 6 -0. Commissioner Tappan stated he could not foresee a solution to this problem. He questioned why the neighbors, some of whom have lived in the area for 30 years, have not moved if the situation was so intolerable. On the other hand, he acknowledged there have been abuses, and Brookside has made some effort. He said the parties appear to be at loggerheads and could not envision a solution. Commissioner Burger said she was unaware that the use permit included an alcohol prohibition until recently. She pointed out that since the prohibition was issued 30 years ago the attitude towards alcohol consumption has changed and people have become increasingly concerned about alcohol consumption. She stated she felt the issue before the Commission is noise not alcohol consumption. Commissioner Burger urged staff to continue monitoring the conditions which were set on Brookside earlier as they would go a long way towards resolving the noise issue. She stated she is in favor of changing the use permit to allow consumption of alcohol at the club. She also urged an in depth review of the conditions of the use permit in order for the conditions of the permit to be clarified. Commissioner Kolstad stated he felt the neighbors are trying to have the Planning Commission settle their differences with Brookside. He agreed with Commissioner Burger on the use of alcohol and also agreed with the staff report. Commissioner Siegfried said he is not disturbed by the use of alcohol. However, the activities of the club are limited to ending one hour after sundown but the activities of the clubhouse are not. He said what should be looked at is what the clubhouse may be used for in.terms of hours and activities. Discussion ensued regarding the use of the clubhouse. Chairperson Tucker suggested discussing the issue at a study session in order for the club to present a report of its activities and the hours of activities. Commissioner Tappan stated he had trouble with the statement that alcohol does not in some fashion increase noise levels at social events. He said he would be in favor of a study session to examine hours of operation for the clubhouse and appropriate uses for activities in the clubhouse. He stated the issue comes down to a PLANNING COMMISSION MEETING April 25, 1990 Page 9 PUBLIC HEARINGS Continued basic good neighbor policy. He again acknowledged that Brookside has made efforts and the neighbors have legitimate complaints. Commissioner Tappan requested that at the study session the club present an outline as to what the Board of Directors considers appropriate and reasonable use of the clubhouse, appropriate and reasonable hours of operation for events and what the current uses of the clubhouse are. TAPPAN /SIEGFRIED MOVED TO CONTINUE UP -547.2 TO MAY 23, 1990 WITH A STUDY SESSION ON MAY 15. Passed 6 -0. 7. V -90 -009 Fara 12385 Parker Ranch Rd., request for variance approval from Ordinance 15- 14.110(d) to allow a detached accessory structure to exceed the maximum height of 12 ft. allowed by the City Code. The structure is 1816" high and is located outside the required yard. ------------------------------------------------------------- Planning Director Emslie presented the Report to the Planning Commission dated April 25, 1990. The Public Hearing was opened at 10:20 p.m. SIEGFRIED/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 10:20 P.M. Passed 6 -0. SIEGFRIED /BURGER MOVED TO APPROVE V -90 -009. Passed 6 -0. DIRECTOR "S ITEKS 1. Upcoming planning applications and projects 2. Heritage Preservation Minutes - 4/4/90 3. Committee -of- the -Whole Report - 4/17/90 CO- MMSSION ITEKS COI+Oi[JNICATIONS Written 1. Letter from Faith M. Schmidt re: Affordable Housing in Saratoga.