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HomeMy WebLinkAbout05-13-1957 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION TIME: May 13, 1957, 7:35 P- M. PLACE: Fireman's Hall, Oak Street, Saratoga, Ca!if. TYPE: Regular Meeting I ROb~INE ORGANIZATibN A. ROLL CALL Present: Bennett, Cameron, Crisp, Anderson, Higgins Absent: Pasetta, Webster 8. MINUTES Commissioner Bennett moved that the readlng of the minutes be waived and said minutes of the previous meeting be approved. Carried unanimously. II N~ BUSINESS A. NEW ZONIRG PETITIONS None B. WRITTEN COMM6'NICATiONS 1. Chet Akins re Sevrens and Det~lck - P.G.& E. Power' Poles The Secretary read a communication dated May 7, 1957 re- lating to the placement of power poles in the Sevrens - Derrick subdivision to be known as Saratoga Village. Chet Akins joseph A. Connally of Beaumont Ave. requested clarifi- Sevrens-Detrick P.G. & E. cation of the situation and the matter was explained by Power Poles the Chairman. After a short discussion Commissioner Cameron made a motion to approve the establishment of power lines on the rear five foot of the lom in ~he subject subdivision. Carried unanimously. IiI Pb~BLIC HEARINGS A. REZONING None B. VARIANCES AND USE PERidITS 1. V 21 - Ansok Builders Inc. The Secretary did not read several letters of protest since subsequent to their receipt other letters from the same people asking for withSrawal of the protests were received. A Mr. T. T. Thoeny of 1839 Pollard Rd., Campbell, Callf. V 21 Ansok Builders asked if the creek bed is to be enlarged. The Chairman explained that this was a matter rer the Flood Control but in either case his property ~ould be protected. Bennett Commissioner/moved that the use permit as applied for be granted. Carried unanimously. 2. V 23 - Clarence T. Roe Mr. B. F. Rossi of LuSherie Way suggested that Mr. Roe study the abstract of his deed which shows restrictions of 20 feet stSe setbacks. He explained furthe~ that i~ order to have the restriction removed it would be neces- sary to have 3/5 of the people in the subdivision approve. V 23 Mr. Bonicelll of Lutheria ~ay also called to Mr. Roe's C. T. Roe attention, from the floor, the 20~ side setback restric- tions in his deed. Kr. Homer Bryan of Lutheris Way stated ~hat when he built he felt that he sho~Id have less than 20' setbacks but found that he had to secure tee approval of 2/3 of the people in the subdivision and decided to build according-to the restrictions. Since then he has felt that i~ was a wise thing to do and is completely satisfied with ~is action and the restrictions. Chairman Crisp explained that the Planning Commission must approve 6' side setbacks according to law and that the restrictions are somethin~ that must be decided among the people. Mr. Roe stated that the lot in question is the only One left on Lutheria Way and that his nearest neighbor, Dr. --- Overmeier, who lives next door approved of his move. Commissioner Higgins moved that the matter be held under advisement until Mr. Roe can talk with the residents of the area. A ,r.lr. Rigby, ].4307 Lutheria Way, asked if all nei.,ghbors should not have been notified. Chairman Crisp stated theft only those within 300 feet of the property must be notified under la~. A vote of Co~_missioner !tiggiss' motion was taken and showed the follov~in,g: Ayes: Bennett, Cameron, Anderson, Hl!~gins - Noes: None - Abstained from Voting: Chairman Crisp. 3. V 24 - John M. Zane john Wayne, o realtor of Los Gatos, stated from the floor that he represented Mr. Zane in connection with this property and explained that part of the property was in Los Gatos and the other portion in Saratoga. He explained further that the owners have a s:na~l house on the land and that it ~,~as felt that this area ~.:ould not be affected adversely by the grantinE of this variance. V 2~ Mr. Pickerisg of 14675 ilulto Hal. stated bhab the present J. i.'... Zane owner has only lived there a month, knew what he was buy- i.~g and felt very strongly that there should be no down- ~rading from one acre lot in this area. Mr. [-Yinz of 14521 quito Rd. stated that there should be no down-grading and F, oln~ed out that any down-grading would set a precedent for future variances. Mrs. Morton of Woodbank Way expressed her objections bo the variance request. Mrs. Kaufmann off Vessh~g Rd. also expressed her objections. Com:nlsskoner Be~_nett soared that the ma~ter bad been care- f~l].y investigated by the Planning Commission on the spot and moved that the request be de'sled. Carried unanimously. 4. V 25 - Ruth T. Christian Mrs. Christian state~ from the floor that she wished to o?zrate a nursery school from her home from 9 to 12 E.M. with approximately eight children present. ~n answer to s~veral questions from Commissioners regard- lng the facilities and the size of the house Mrs. Christian replied that it must be cleared with the State Welfa're Department and that t!~ey in turn require a local zoning V 25 clearance. She expla.ined that in her opinion the sanitary R.T.Christian conditions were adequate. Commissioner Hidgins stated t~ere was a question in his mind as to whether a nursery school should be located in a residential area. Chairman Crisp stated that the matter. ~ould be taken under advisement so that the entire Commission could look into the situation personally. lie directed the Se,~rebary to set the case up for the next hearing on 5/2Y/57. 5. V 26 - William S. Edge _he Secretary read in it's entirety a statement covering the ~roposed use of the property in question known as the Hale Estate. He also read a lel~er from Gertrude French Scott of San V 26 Francisco - an owner of property next door to the property W.S.Edge in question - said letter belng in protes~ to the proposed use. Robert Davies, an attorney from Los ~]atos, stated t~at he was representing Mr. Edge although the property was actually owned by the Klindbs but was currently in the hands of Mr. Abrell and Mr. Davidson on a contractual basis. However Mr. Davles represented Mr. Ed~Ze who has applied for the use permit. He explained that the organization would be non-profit, would have a limited membership and would be confined be the Hale Estate e.~cept for t~o acres ,~t the rear of the property which would be retained by Hears. Abrell and Davidson. Mr. S. M. Smith of Hill Ave. spoke in opposition to the request, emphasizing that nothing was needed to add to the prestige of Saratoga. Mr. John Len~han of 20261 Hill Ave. spoke in opposition to the proposed use. Mr. L. F. Weisler of 20161 Hill Ave. spoke in opposition to the requested use. Mr. Wendell Hammen of Hill Ave. spoke in opposition to the requested use. Dr. Robert L. Dennis of Hill Ave. stated from the floor that this was a well-established residential area and tile residents would like to keep it residential. Captain E. 51. McI(enzie of 20120 Hill Ave. spoke in opposition to the request. Mr. Arata, who identified himself as a recent purchaser of the Sisters of Presentation property on Hill Ave. spoke in opposition. Mr. A. A. Dempsey, a.resident of Hill Ave., protested against the proposed use. Several residents called to the attention of the Commissioners that they were not notified despite the fact that they live within 200 feet of the area. Chairman Crisp directed the Secretary to check the assessment roles to ascertain whether or not the pro- per people were notified and adjourned the case for further hearing at the next meeting of the Commission, 5/27~57. Chalrman Crisp adjourned the public hearings st this time. IV MATTERS HELD UNDER ADVISEMENT 1. V 17 - J. B. Perego Commissioner Bennett moved that the use permit be V 17 J.B.Perego granted as requested. Carried unanimously. 2. V 19 - John L. Hamilton The Secretary of the Commission read a letter from Mr. R. ~. Forward dated May ~, 1957, in which he withdrew V 19 J.L.Hamilton his protest to the variance. Commissioner Hidgins moved for approval of the variance as requested. Carried unanimously. V COMMITTEE REPORTS A. ARCHI'i~ZCTURAL AND SITE CONTROL I. V 22 Ted Skenzel Commissioner Hlggins moved that the petitioner be V 22 granted an architecture! an~ site control permit ss T.Skenzel requested. Carried unanimously. At this point in the proceedings Mr. Pierce Davies of 1907 West San Carlos St., Sa~ Jose, Calif., stated tRat he was representing Mr. Duo iD connection with the latter's request for a change in zoning. Mr. Davies stated that the freeway plan would come no closer than one-quarter mile to the affected property and that he had checked this on the County maps along ~ith Commissioner Cameron C 2 and they found that the ~roperty would not be affected. C. E.Glass He stated that they are very anxious to clear this matter and would appreciate the Commission handling it at their earliest opportunity. He stated that he had heard a rumor that people in Saratoga were "tire8 of outside promoters coming in and referred to Mr. Duc as being from Texas". For the record Mr. Davies wanted to make it clear that Mr0 Duo has been a resident of Sarstoga for five years and has been doing considerable building in this area during that time. Chairman Crisp state8 that the Commission has as yet had no opportunity to act on the above matter. 2. V 14 - W. Seagrsves Maps covering the architecture of buildings Mr. Seagraves intends to plgce on his subdivision were vle~ed by the V 14 W.Seagraves Architectural and Site Control Committee and met with their ~pproval. B. SbBDIVISIONS 1. SD 25 - Wandermere & Co. The Secretary indicated that the Planning Commission had not as yet received the conditions in connection with the affected subdivision from either the Engineer's Office or the Health Dept. of the County. Mr. Waltera of Wandermere & Co. asked if the revi~ed mop SD 25 could be submitted for the consideration of the Planning Wandemere & Co. Commission and both he and Mr. Woolworth granted the City an additional 30 days to make their decision on the basis of the new map as submitted. Mr. Waltera stated that he would submit additional copies of the map to the Engineer's Office and the ~ealth Dept. of the County. 2. SD 27 - M. R. Mil,ievich The Secretary stated that he had been told by the Health Dept. via the telephone that a condition of this subdivision was to be that lot sizes would be increased to 14,003 sq. ft. because of the character of the soil and the type develop- SD 27 mont. M.E.Miljevich Mr. Kaemmerling jr. of George S. Molte Co. was present and steted that in view of the fact that all the conditions had not been recelved from the County Departments that he would grant the City an additional 30 d~ys in connection with this subdivision. 3- SD 32 Merrivale, Tract 1756, Unit ~2 The Plannin~ Commission reviewed ~he tentative map and SD 32 approved it on the basis of the conditions layed down by Merrivale , 10~6 Unit #2 the County on July 17 1956 and ~Carch 7, .D · Carried unanimously. 4. SDR 28 - Ruth Allen A motion was made by Commissioner Cameron that the tentative map be approved on the basis of the con- SDR 28 ditions lay~d down by the County plus a third con- Ruth Allen dition which would provide for a future street line twenty feet Pack from the ~resent property line on Boyce Lane. Passed unanimously. Commissioner Bennett moved for adjournment at 9:50 P.M. Carried unanimously. 50 Present - 1 Press