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HomeMy WebLinkAbout06-24-2009 Planning Commission Minutes MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, June 24, 2009 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Chair Zhao called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners Bernald, Cappello, Hlava, Reis, Robertson, Rodgers and Zhao Absent: None Staff: Director John Livingstone, Assistant Planner Cynthia McCormick and City Attorney Jonathan Wittwer PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES – Regular Meeting of June 10, 2009. Motion: Upon motion of Commissioner Cappello, seconded by Commissioner Reis, the Planning Commission minutes of the regular meeting of June 10, 2009, were adopted with corrections to pages 4,5,7,8,10,11,15 and 16. (7-0) ORAL COMMUNICATION There were no Oral Communication Items. REPORT OF POSTING AGENDA Director John Livingstone announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on June 18, 2009. REPORT OF APPEAL RIGHTS Chair Zhao 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). CONSENT CALENDAR There were no Consent Calendar items. Saratoga Planning Commission Minutes of June 24, 2009 Page 2 *** PUBLIC HEARING - ITEM NO. 1 APPLICATION SUB09-0001 (510-01-016) Khouja, 15211 Hume Drive: The applicant requests approval to subdivide an approximately 51,131 square foot parcel located at 15211 Hume Drive into two lots. “Parcel A” would be approximately 26,951 square feet with street frontage on Hume Drive. “Parcel B” would be approximately 24,180 square feet (21,001 net) with access via a 20-foot-wide corridor fronting Hume Drive. The property is zoned R-1- 20,000 with a General Plan designation of Low Density Residential (RLD). (Cynthia McCormick) Ms. Cynthia McCormick, Assistant Planner, presented the staff report as follows: • Advised that the applicant is seeking approval for a proposed subdivision splitting a 51,131 square foot parcel into two single-family lots. • Described Parcel A as consisting of 26,951 square feet with a slope of 4.2 percent. It takes access from Hume Drive and currently contains a 5,448 square foot single-family residence. Parcel B consists of 24,180 square feet (21.001 net because of the access corridor). This parcel takes access from a corridor off Hume Drive. The lot is currently vacant. There are trees within the building envelope although no trees are proposed for removal at this time. Parcel B could accommodate a 4,518 square foot home. • Said that Fire, SCVWD, the Sanitation District, School Districts, San Jose Water and PG&E reviewed this proposal and had no major comments. • Recommended that the Commission find this project to be Categorically Exempt under CEQA and that this application be approved. Commissioner Robertson asked for the reasoning behind the removal of the condition for either curb and gutters or a rolled asphalt gutter. Planner Cynthia McCormick reported that the applicant had a meeting with Public Works and can best answer that question. Chair Zhao opened the public hearing for Agenda Item No. 1. Mr. Khouja, Applicant and Property Owner: • Said that he and his wife are the owners of this property. • Reminded that four of the current Commissioners were on the Commission when his original application was reviewed and approved. • Reported that they broke ground in January and construction is proceeding. • Said that the house is in the middle of the property • Added that they knew that the zoning was for half-acre lots and to capture the best economic value of their property, they decided to subdivide their property. • Informed that they have no plans currently to develop the back parcel with a house. Instead they may elect to put in a pool house and pool. They have no plans to sell that parcel but rather will continue to use the property as one big lot. There will be no fence to separate the two parcels. Saratoga Planning Commission Minutes of June 24, 2009 Page 3 • Reiterated that this move is simply to capture the economic value of their property • Advised that he had a meeting with Public Works this morning and requested some flexibility in terms of curbs and gutters at this point as well as relief from the requirement to install a drain. • Added that as a compromise the project will be conditioned to install the curb and gutter with future development. Right now, they are not consistent with the feel of the area and such improvements are usually required only for larger developments while this is just a two-lot split. Commissioner Robertson asked if there is not a lot of erosion and debris with the existing conditions. Mr. Khouja said that there is some pooling of water with heavy rain but after four hours or so it dissipates. He added that there is no erosion problem there. He advised that there are drains in a few other locations on the street. Mr. Dane Dreman, Resident on Hume Drive: • Agreed with Mr. Khouja that there is not a problem with water. • Reported that he has resided here for 22 years and runs every morning. • Said that it looks like a foregone conclusion that this property can be subdivided. • Questioned whether public comments can impact the decision process. • Stated his preference for as low a density as is possible so his preference is not to have this subdivision. • Added that a 5,000 square foot home would be larger than most in this area. • Questioned the meaning of capturing the economic value if this property is not going to be developed. • Said if he had a vote it would be no. City Attorney Jonathan Wittwer said that the State has a Subdivision Map Act that requires each City to adopt a Subdivision Ordinance with established findings. One of those findings would have to be made in the negative in order to deny a subdivision. Commissioner Bernald clarified that this zoning district is R-1-20,000 and when a proposed subdivision meets the zoning standards that property can be divided. City Attorney Jonathan Wittwer said yes. Ms. Lisa Warminghoven, Adjacent property owner: • Said she has a similar opinion as the last speaker. • Stated a concern over allowing more lots in this area. • Stated that the appeal of this neighborhood is that there are not a lot of homes there. • Questioned the fact that the owners do not intend to sell or develop this newly created lot • Reminded that the lot would look into her backyard Saratoga Planning Commission Minutes of June 24, 2009 Page 4 Commissioner Bernald said that if the lot were to be developed, the applicant would come to the City for Design Review approval. At that point, impacts on adjacent parcels would be evaluated. At this point, this is just a lot subdivision. Ms. Lisa Warminghoven said that she understands that and just wanted to address her opinion. Mr. Khouja said that to explain his economic value point, two properties are worth more than one. He added that one of his neighbors did the same thing many years ago and only sold after his retirement many years later. He advised that he may leave the properties to his two kids and pointed out that it is a costly undertaking to subdivide. It’s pretty expensive but still worth it. Chair Zhao closed the public hearing for Agenda Item No. 1. Commissioner Bernald clarified that if the proposed home were to be single-story, it would not actually go to public hearing but rather would have an administrative review. She asked staff if that would be noticed. Director John Livingstone said that it would be done as an administrative hearing with notice to neighbors. Commissioner Bernald said that she could make the findings to approve this subdivision. Commissioner Robertson said he could too and said he was willing to leave the drain issue to the discretion of the Public Works staff. Commissioner Rodgers said that the findings are statutory. She added that the house currently under construction would be very beautiful. She reported that it is part of the green policy in some communities to split parcels that can be split. Commissioner Reis said he could make the findings for approval. Commissioner Hlava said ditto. The size is there to accommodate two lots. She said that if a house were to be built on the back lot it would not be visible from the street as the front house would screen it. Commissioner Cappello said he can make the findings as well. He said that the Commission’s hands are tied, as they cannot make findings to deny. He said he understands the density concerns expressed by the neighbors but in this case, he can make the findings for approval easily. Commissioner Zhao said that she agreed that this owner is legally entitled to subdivide this property. Motion: Upon motion of Commissioner Cappello, seconded by Commissioner Rodgers, the Planning Commission approved the subdivision (Application Saratoga Planning Commission Minutes of June 24, 2009 Page 5 SUB09-0001) of one parcel into two lots on property located at 15211 Hume Drive, by the following roll call vote: AYES: Bernald, Cappello, Hlava, Reis, Rodgers, Robertson and Zhao NOES: None ABSENT: None ABSTAIN: None *** PUBLIC HEARING - ITEM NO. 2 APPLICATION CUP09-0006 & FER09-0003 (397-08-027) Kriens, 18940 Monte Vista Drive: The applicant requests Conditional Use Permit approval for the installation of a generator to provide emergency power supply. The applicant is also requesting Design Review for a fence exception to allow a fence, less than six feet in height, within the front yard setback. The lot is approximately 1.4 acres in size and is located in the R-1-40,000 zoning district. (Cynthia McCormick) Ms. Cynthia McCormick, Assistant Planner, presented the staff report as follows: • Reported that the applicant is seeking Conditional Use Permit approval to allow the installation of a generator and a Fence Exception to allow a fence and gate up to five feet, six inches tall in the front setback. • Advised that this generator is not motorized but rather operates on natural gas. • Said that stone walls would screen the generator. • Added that noise would not exceed the maximum allowed 60 decibels as measured three feet from the unit. • Said that the generator is no less than 40 feet from any property line and meets all Code requirements. • Described the fence as being iron bars with redwood top rail and posts. The fence is located outside of the right-of-way and view triangle. The distance to the street is approximately 11 feet or more. The area between the fence and street would be landscaped. The fence is similar to other fences in the neighborhood. • Said that this project is Categorically Exempt under CEQA and recommended approval. Commissioner Hlava pointed out that this is an unusual generator. It is not motor driven but rather is natural gas powered. She asked staff if under the new review process this type of application would come to the Planning Commission or be handled by staff. Director John Livingstone said that the generator review process was not changed in the new Ordinance. Commissioner Hlava said that this generator would be used a lot and operates quietly. Commissioner Robertson said that they were told at the site visit that it would be used occasionally. He asked if there are restrictions on the amount of time it can be used. Saratoga Planning Commission Minutes of June 24, 2009 Page 6 Planner Cynthia McCormick explained that the restrictions in the conditions are standard and could be modified. Commissioner Cappello said that Code itself does not restrict the number of hours of operation but the City just puts that in. Planner Cynthia McCormick clarified that the noise levels cannot exceed 60 decibels when operating. She said that given the location, this generator would not exceed the noise standards but the Commission could choose to require a noise assessment. Commissioner Hlava said that the applicant advised that it would not be 60 decibels even standing right next to it. It operates on gas and will be quiet all the time. She added that it conserves energy and as she understands will be used frequently. She suggested that testing requirements are not necessary. Commissioner Robertson said that the noise levels are outlined in the conditions of approval and said that if a noise complaint is raised, an assessment could be required at that time. Commissioner Hlava suggested taking that condition of approval out. Chair Zhao opened the public hearing for Agenda Item No. 2. Mr. Chris Kankel, Applicant’s Representative: • Said that he is the Landscape Architect for the owners. • Said that in a nutshell this generator operates on natural gas and burns electricity and heat. The heat warms the water for use with radiant heat. • Assured that it is quieter than most generators and the fan operates most loudly when hot water is not demanded. • Reminded that this generator generates electricity and heats water. It is so efficient that it can be placed indoors in a basement. • Pointed out that his clients have placed this generator adjacent to their outdoor kitchen and entertainment area. • Said that the nearest neighbor is approximately 70 feet away. • Said that measuring the noise would not be a problem. It will be both quiet and efficient. It will offset power that comes off the grid. If the power goes out, this home would automatically switch to this generator. Commissioner Hlava asked if the generator would operate all of the time. Mr. Chris Kankel said yes. Commissioner Hlava clarified that this is not an emergency generator. She said that the term “emergency” needs to be removed from the description of this generator as well as any limitations of use to just monthly testing and emergency power. City Attorney Jonathan Wittwer suggested modifying the condition to read, “at all times, the generator is subject to the provisions of Code Section 7.30.” Saratoga Planning Commission Minutes of June 24, 2009 Page 7 Commissioner Hlava said that the noise level must be less than 60 decibels. Mr. Chris Kankel said that it would be 60 only at maximum use. Commissioner Robertson said that this appears to be just another mechanical unit and not an emergency generator. City Attorney Jonathan Wittwer said that the first sentence of condition 3 could be removed since it is not only an emergency generator. Instead it can be operated at all times subject to Code requirements. Mr. Chris Kankel said that this is new technology. There is no category for it yet. Commissioner Cappello asked if the hot water generated by this system is only for radiant heating or is it also provides hot water for uses such as washing. Mr. Chris Kankel said that he was not sure but thinks it is also used to supply hot water for the residence. Commissioner Cappello asked if the use of this generator would be similar during both hot and cool weather conditions. Mr. Chris Kankel said that in the hotter season, when the radiant heating is not in use, the blower would need to run more. Commissioner Cappello said since these owners have elected to place this generator next to their outdoor kitchen and are not concerned, it must work very quietly. Chair Zhao reminded that it is 60 decibels at a three-foot distance. Mr. Chris Kankel said that the Ordinance standard is at the property line. He added that the enclosure would also reduce noise impacts. Commissioner Reis agreed that noise would be significantly less within the enclosure. Mr. Chris Kankel said he was also available for any questions about the proposed fencing. Chair Zhao closed the public hearing for Agenda Item No. 2. Commissioner Hlava asked if the vineyard fencing for both the old and new property would all be the same. Is any part of this resolution about that property? Planner Cynthia McCormick replied no. Commissioner Hlava: Saratoga Planning Commission Minutes of June 24, 2009 Page 8 • Said that she thinks that this new technology is another example of one for which the Code is not yet up to date enough to deal with. • Added that she has no problem with this generator or the fencing. • Stated that she is confident that the fence will be as beautiful as the rest of what he’s built. • Said that she could make all of the findings. Commissioner Bernald asked if Commissioner Hlava feels the testing is necessary. Commissioner Hlava said that this would always be subject to Code standards and suggested requiring testing only upon complaint. City Attorney Jonathan Wittwer said that there is a requirement for a noise certification prior to building final with a certification letter to be provided to the Director. Commissioner Bernald advised of a recent newspaper article on the issue of noise in hospitals and how sounds at the 60-decibel level are so disturbing to patients’ ability to rest. Commissioner Rodgers reported that she had a similar style generator in her home about 25 years ago. It saved quite a lot of money. She suggested that if there should be noise impact complaints in the future something as simple as a roof over the enclosure might help further reduce sound impacts. Commissioner Robertson said that he can make all of the findings and his only concern was that he didn’t want to impose Conditional Use Permits for installation of normal household mechanical equipment. Motion: Upon motion of Commissioner Hlava, seconded by Commissioner Cappello, the Planning Commission granted Conditional Use Permit (Application CUP-09-0006) approval for the installation of a generator to provide emergency power supply and approving a fence exception (FER09-0003) to allow a fence, more than three feet and less than six feet in height, within the front yard setback on property located at 18940 Monte Vista Drive, with the following edits: • Community Development Condition B-3, delete the first and last sentences; • Condition 4 (Noise Certification), delete the reference to Code Section 7.30; and • Delete all references to “emergency” for this generator and direct staff to make the findings consistent with that deletion; by the following roll call vote: AYES: Bernald, Cappello, Hlava, Reis, Rodgers, Robertson and Zhao NOES: None ABSENT: None ABSTAIN: None *** Saratoga Planning Commission Minutes of June 24, 2009 Page 9 PUBLIC HEARING - ITEM NO. 3 APPLICATION PDR08-0031 (397-23-045) Barringer, 14310 Saratoga Avenue: The applicant requests Design Review approval to add an 874 square foot second-story addition to a single-family dwelling. The project would also replace an existing one-car attached garage with a two-car detached garage at the rear of the property. The total proposed floor area is 2,787 square feet and the maximum height is 26 feet. The applicant would remove three (3) existing trees and replace them with new trees equivalent in value. The lot is approximately 7,100 square feet and the size is zoned R-1-10,000. (Cynthia McCormick) Ms. Cynthia McCormick, Assistant Planner, presented the staff report as follows: • Advised that the applicant is seeking approval for a residential addition on property located on Saratoga Avenue, which is a Heritage Lane that requires Heritage Preservation Commission review. • Described the addition as consisting of a new 874 square foot second story to an existing single-story residence. The existing attached garage will be replaced with a new detached two-car garage. The total floor area would be 2,787 and the maximum height would be 26 feet. The lot is 7,100 square feet and the zoning is R-1-10,000. • Reported that three trees would be removed. One is dead, one is at risk of beetle infestation and one has poor structure. New trees will be planted to provide screening for neighbors. • Explained that per Code a two-car garage is required. The applicant is demolishing the existing garage and will build a new one. • Said that there is one existing wood burning fireplace and a second gas fireplace is proposed. • Outlined the projects green features. • Said that the home utilizes earth tone stucco and roof tiles. The home is set further from the street and the property is nicely landscaped. A large oak tree on the property will be protected during construction. • Reported that staff had contact with neighbors who have privacy and view impact concerns. The applicant has made changes including reducing the size of a balcony, size of windows and the use of obscured glass on second story windows to help alleviate those concerns. A shade study was done to offset concerns raised about potential loss of sunlight. • Advised that a permanent condition of approval will be recorded that requires obscured glass on all of the second story windows on the eastern and western elevations. • Said that this project is Categorically Exempt under CEQA and recommended that the Commission adopt a resolution approving this request. Commissioner Rodgers asked if the gate is the same. Commissioner Robertson pointed out that the plan reads that it is existing. Commissioner Bernald clarified that this is a legal but non-conforming lot that can be built upon and meets requirements. Planner Cynthia McCormick agreed, saying that was correct. Saratoga Planning Commission Minutes of June 24, 2009 Page 10 Chair Zhao opened the public hearing for Agenda Item No. 3. Mr. Lon Barringer, Applicant and Property Owner: • Reported that he has owned this house for three years. • Said that his architect is also here as are his wife and mom. • Thanked the Commission for its previous day’s visit on site. • Reiterated that they are asking approval for a new second story on a currently single-story residence. • Explained that this home is currently a two-bedroom and he wants to expand it for future family members. • Said that he hopes the Commission will approve his request and that he was available for any questions. Commissioner Hlava asked Mr. Lon Barringer why the garage is located where it is, sitting in the middle taking up the whole backyard area. Is there not another way? She added that she could understand his not wanting to have to back out onto Saratoga Avenue. Mr. Lon Barringer said that other alternatives were considered but this is the most functional and pleasing option. He added that it offers a similar setup to a property he once owned in San Diego. Nothing else was considered to be functionally feasible. Commissioner Hlava said that it meets the requirements. Commissioner Rodgers asked Mr. Lon Barringer if he was not concerned about the resulting lack in backyard space. Mr. Lon Barringer said no. He added that his San Diego house was small as well with a little patio and deck. The same concept will be used here. He continued that he does like big backyards but this is what he has to work with. He assured that he would be happy here. Chair Zhao closed the public hearing for Agenda Item No. 3. Commissioner Rodgers asked to see the photographs taken from the neighboring property. Commissioner Reis said that obstruction of views is considered but he is not sure how it relates between first and second floor views. Director John Livingstone said that the threshold level is “unreasonable” impacts per the findings. Commissioner Reis said that they might not be quite fair. Commissioner Robertson pointed out that this home has a very low profile. Commissioner Reis said that is good and makes him feel less conflicted. Saratoga Planning Commission Minutes of June 24, 2009 Page 11 Commissioner Hlava: • Said that, despite the neighbor’s concern, she does not feel that there is any unreasonable interference of their views and privacy. • Said that the trees coming out are dead anyway so it will be to the better to remove them. • Stated that as for issues of bulk and height, this house is smaller than the house next door to it. This house is in keeping with others on Saratoga Avenue. • Reminded that this is a Heritage Lane and attention is paid to that designation. This house is compatible with that status. • Stated that she could make all of the findings to support this. Commissioner Rodgers: • Commended the creative use of paint to create shadows that give depth and dimension. She said she is pleased with that use of detail. • Pointed out that the neighbor with a two-story has two big windows. • Agreed that the standard is reasonable versus unreasonable impacts and to her this one is on the line but she feels that there is plenty of sun and light and view available. • Concluded that this is a reasonable impact so she can make all findings. Commissioner Robertson: • Said that he could also make the findings to support this. • Stated that having the garage in back improves the aesthetics from the street. • Suggested that due to the lot size, the Commission cannot impose its will on the size of the backyard. However, moving the garage back could increase backyard space and may improve resale value. Commissioner Bernald: • Said that this is a legal non-conforming lot of record and meets all standards. • Agreed that the use of paint and materials is lovely. • Said that she is sad to see a loss of backyard space and suggested the applicant consider Commissioner Robertson’s suggestion. • Said she could make the findings to support this request. Commissioner Cappello: • Said he too agrees with what has been said. • Added that while there may be some interference with views for the adjacent neighbors it is not unreasonable. • Continued that the privacy impact might actually be more in the other direction. • Stated that the design is attractive. Chair Zhao: • Agreed as well with the other comments made. • Said that she was concerned about privacy and view impacts but the use of obscured windows and reduction in balcony size avoided unreasonable interference. Motion: Upon motion of Commissioner Hlava, seconded by Commissioner Robertson, the Planning Commission granted Design Review approval Saratoga Planning Commission Minutes of June 24, 2009 Page 12 (Application PDR008-0031) to allow an 874 square foot second story addition to an existing single-family dwelling and replace an existing one- car attached garage with a new two-car detached garage at the rear of the property located at 14310 Saratoga Avenue, by the following roll call vote: AYES: Bernald, Cappello, Hlava, Reis, Rodgers, Robertson and Zhao NOES: None ABSENT: None ABSTAIN: None *** DIRECTOR’S ITEMS Director John Livingstone: • Said that he wanted to take a moment to recognize Corinne Shinn and Jonathan Wittwer. • Reported that Corinne Shinn has been with us for many years doing the minutes but due to necessary budget cuts it was decided to go with action minutes and rely on meeting tapes for the permanent record of these meetings. He said that Corinne did an incredible job for the City of Saratoga and was very accurate and timely. Commissioner Hlava recounted her experience meeting Corinne at City of Campbell where she works full time in their Planning Department. She said, “Corinne came up to me to introduce herself when she heard and recognized my voice.” She said that Corinne was very nice and did a good job. Commissioner Cappello agreed that she did an outstanding job. He added that he had never before seen minutes quite as well done as she does them. She always managed to capture what he meant to say so he is sad she will no longer be providing this service. Director John Livingstone said that staff likes minutes rather than having to watch meeting tapes. It’s easier but they will just have to get used to using action minutes, which follows the pattern of the City Council. Commissioner Bernald asked if video would still be available. Director John Livingstone replied yes. The meeting tapes are archived and available on line. Commissioner Bernald said she agreed with Commissioner Cappello’s comments and said that it would be very important to have KSAR filming these meetings. Director John Livingstone said that KSAR would continue. He added that a nicely framed Certificate of Appreciation signed by the Mayor was forwarded to Corinne Shinn in recognition and thanks for her years of service. Commissioner Hlava asked about and stressed the need to make sure that there is good backup of these meeting tapes. Saratoga Planning Commission Minutes of June 24, 2009 Page 13 Director John Livingstone: • Said he did not know the specifics but is confident that the necessary backup occurs. • Stated that the next person to be recognized is City Attorney Jonathan Wittwer. • Reported that Jonathan would no longer attend every meeting due to budget cuts. He will be present at those meetings where ordinances are under consideration and will continue to do Code Enforcement. • Assured that Jonathan would still be around just not as much at meetings. • Extended his thanks to Jonathan Wittwer for his counsel. Chair Zhao thanked Jonathan Wittwer and read the resolution into the record, which is signed by Mayor Chuck Page, recognizing Jonathan’s service to the Commission since March 2006. City Attorney Jonathan Wittwer said that he has enjoyed working with the Commission very much and assured that he would still be here occasionally and will look forward to seeing the members of the Commission at those times. COMMISSION ITEMS Commissioner Rodgers discussed some website research she has done, particularly Portland’s website with information on pervious and impervious studies and green issues. Commissioner Bernald: • Reported that she spent this afternoon talking with Mr. Peter K. Bruck, of Rohnert Park, regarding green ordinances. • Reminded that as a result of the green study session held the previous night the City may look into adopting a green ordinance. • Advised that Mr. Bruck gives seminars on writing such ordinances. • Provided two website links for the Commissioners to visit: www.greenbuildingordinance.org and www.iccsafe.org/news/green/pdf0807bsj22.pdf, which is Mr. Bruck’s masters degree thesis. • Said that Mr. Bruck offers a wealth of knowledge and is certified by LEEDS. He strongly recommends working with Build It Green. Director John Livingstone thanked the two Commissioners for their research. Staff appreciates their efforts. Commissioner Bernald thanked her fellow Commissioners saying that she appreciates being a part of this Commission. It is such a joy. COMMUNICATIONS There were no Communications Items. ADJOURNMENT TO NEXT MEETING Saratoga Planning Commission Minutes of June 24, 2009 Page 14 Upon motion of Commissioner Hlava, seconded by Commissioner Reis, Chair Zhao adjourned the meeting at approximately 8:40 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk