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HomeMy WebLinkAbout05-27-1957 Planning Commission Minutes SAPiTOGA PLANNING COMMISSION TIME: May 27, 1957, ?:40 P.M. PLACE: Fireman's Hall, Oak Street, Saratoga, California TYPE: Regular Meeting I ROUTINE ORGANIZATION A. ROLL CALL Present: Anderson, Cameron, Crisp, Bennett, Higglns, Pasetta, Webster Absent: None B. MINUTES Commissioner Bennett moved that the.minutes as written and read be approved. Carried unanimously. II N~ BUSINESS A. i~..~mT'.q ZOkINO PETITIONS 1. C 4 - R. H. Taylor Co~missioner Cameron moved that the new zoning petition C~ R.H.Taylor be set for public hearin~ on June 24, 1957. Carried unanimously. 2. C 5 - Dorothea Johnston C 5 Commissioner Bennett moved that the case be set for D.Johnston hearing on June 24, 1957, Carried unanimously. 3. W[ITTEN COMM(~]ICATIONS None C. ZONING PETITIONS t. C 2 - C. E. Glass ~he Secretary read the findings of the Council meetln~ of May 1, 195?- C 2 Chairman Crisp read a letter from Mr. Jules Duc, Jr. C.E.Glass dated May 24, 19~? and received at ?:30 P.i.i. on Play 2?, 1957. Chairman Crisp called for statements of proponents and Mr. Pearce Davies spoke briefly, stating that the proposed Route B would not affect the property nor would Route A of the Freeway affect the property. -i- Chairman Crisp stated that in view of the memorandum from the Council the matter should be taken under study. Mr. Pearoe Davies stated that he saw no reason for fbfcher study as the Freeways do not affect the property and his client would like to get construction started this year. Commissioner Higgins felt that the adJoinin~ property should be studied as well as the Glass property and therefore moved ~hat the matter be held over for further study. Passed unanimously, III PUBLIC HEARINGS A. EEZONIKG None B. VARIANCES 1. V 27 - J. L. Norwood, Jr. Mr. ~orwood spoke on behalf of his application for a variance. Chairman Crisp stated that in his opinion there was danger of a fire hazard in that area with two houses o~ly 12 feet apart. i~e stated further that they had no previous appro- vals for side setback variances in that area. Mro Norwood protested that he felt that there had been some V 27 side setback approvals in that area amd if the Commission J.L.No~,~ood,Jr. carried the matter over for two weeks it wo~ld work a hard- ship on him. Commissioner Pasetta moved that the matter be held over for two weeks until the other members of the Commission had had an opportunity to look at the property. Carried unanimously. 2. V 28 - R. K. Cronemiller Hr. Cronemiller explained his problem. Cameron V 28 Commissioner/stated that in his opinion it was a proper Cronemiller variance. Commissioner Iiiggins stated that he felt the contours could be gotten around by filling and that Mr. Cronemiller had no -2- real problem. At this stage a vob~ was taken as to whether to approve the variance with the result as follows: Aye: Cameron, Crisp, Pasetta Noes: Anderson, Bennett, Higglns Absent: Webster There followed additional discussion and Mr. Cronemiller agreed to move the house so tha~ there would 40 feet between his house and his neighbor's. moved Commissioner Bennett/that the variance be approved on the basis that there would be ~0 feet between Mr. Cronemlller's house and his neighbor's. Carried unanimously. 3. V 29 - E. MeNally There followed a short discussion of Mr. Mc!¢ally's request V 29 for a variance and Commissioner Cameron then moved that the E.McNally variance be approved. Carried unanimously C. DZSE PERMITS None At this point Chairman Crisp called for an adjournment of the public hearings. 8:35 IV RESCLUTiONS 1. junipero Serra Freeway The Secretary read Resolution A relating to supporting Resolution A Route B of the proposed Freeway. Junipero Serra Freeway Commissioner Bennett moved that the Commission endorse said resolution. Carried unanimously. V MATTERS HELD UNDER aDVISEMENT 1. V 26 - William S. Edge The Secretary read the minutes of the last meeting and V 26 W.S.Edge then indicated that Mr. Edge had contacted him by telephone the day after the last meeting and stated that he was going to withdraw his request for a use permit in view of the opposition but was still interested in the property as a residence. He stated that he would sen8 a letter to the Secretsty within the next three or four days but this has not been received. Mr. Robert Davies, attorney for Mr. Edge, called on May 14, 1957 and stated that he had advised his client to withdraw. Commissioner Highins moved that the request for a use permit be denied. Carried unanimously. 2. V 23 - Clarence T. Roe Chairman Crisp raised a question of deed restrictions but stated that in accordance with the Commission's previous procedure on non-conforming lots it is suggested that the V 23 request be approved. C.T.Roe Mr. Bryant of 14330 Lutherla Way stated that the deed restrictions can be waived only upon 2/3 vote of such waiving by the residents of the subdivision. Commissioner Cameron moved that the use permit be approved. Carried unanimously. 3. V 25 - Ruth T. Christian The Secretary stated that a Miss Charline May of the State Department of Social Welfare called on him on May 23, 1957 and at that time explained the procedure of the Department ~ 25 of Social Welfare who had Jurisdiction over all types of ~uth T. Christian day nurseries in this area. It was necessary for the appli- cant to secure first the use permit as to zoning, secomdly, to secure a liability insurance policy and thirdly, to under- go an inspection by the Fire Marshal who looked into such matters as sanitary provisions; area (75 sq. ft. for each c~ild); a maximum of l0 children allowed; provisions for an isolation room. Miss May stated that the Fire Marshal had not as yet made his inspection but in her opinion the property and the accomodations afforded by Mrs. Christian met the State -4- requirements. Commissioner Webster stated that he felt it was not proper use of the land. Mrs. Christian, the applicant, stated that if she had taken over child care for the County she would not need a ~e permit yet the circumstances would be very similar. She proposed that if the use:permit be ~ranted that she would need it only during the months of June through September. Commissioner Cameron stated that he felt this was a minor type of school and that the Commission might be wise in permlttin~ said school with stipulations as to the length of time and number of children. Commissioner Cameron moved that the use permit be approved on the basis of operation only from June through September; with a limit of eight children; with hours of 9:00 to 12:00 A.M. weekday mornings only. Commissioner Bennett amended the motion, stating that no children should be allowed off the premises without super- vision. Motion and amendment carried unanimously. VI COMMITTEE REPORTS A. ARCHITECTUE~L ~ND SiTE CONTROL None B. SUBDIVISION 1. SD #27 - M. R. Miljevich After a short discussion Commissioner Bennett moved that the tentative map be approved subject to all the conditions outlined by the Subdivision Committee Report of the County of Santa Clara at their meeting of May 14, 1957, with the SD #27 M.R.Miljevich exception of Condition No. l0 which should read "Subdivision shall provide adequate street lighting and public utility easements as required by P. G. & E." Carried unanimously. 2. SDR #22 - Saratoga Union School District After a short discussion Commissioner Bennett moved that the tentative map be approved on the basis of the condi- tions layed down by the Subdivision Committee of the County BAR#22 of Santa Clara at their meeting on May ll~, 1957, with the Saratoga Union School following additional provisO: District 5- i 6 foot pedestrian right-of-way be obtained on the west line of Lot 89, Tract 1271, Argonaut Place Unit ~2 to the nearest street ( ) Carried unanimously. 3. SDE #29 - Dr. R. W. Hitchman The Secretary indicated that h~ had received the following conditions from the Engineers and i. LBalth Department: 1. iil50.00 cash for Flood Control for each lot SDR #29 2. Health Dep. approved for single family residence Dr. Hitchman only. No professional offices or commercial. Commissioner Pasetta moved that the tentative map be approved on the basis of the conditions set forth by the County Engineers Dept. and Health Dept. Carried unanimously. There followed a lengthy discussion regarding the ordinance setting minimum lot frontages for various size lots, minimum lot sizes and other matters pertaining thereto. Several of the Commissioners felt that the necessity for a use Lot permit or a variance on cases of non-conforming lots which were Size Ordinance already recorded should be eliminated and the Secretary was directed to take this matter up with the City Attorney so that the ordinance would eliminate the necessity for a use permit as explained above. At this point of the meeting Mr. Jules Duc asked for the floor and stated that he was getting desperate in view of the long time C2 C.E.Glass that the Commission .and the Council had taken to decide on his zoning request and asked that the matter be studied so that it -6- can come up at the next Planning Commission meeting, There followed a discussion as to whether a public hearinE was necessary and it was generally decided that no public hearing would be necessary. Chairman Crisp stated that it would be possible to take action tonight but Commissioner ~Vebsber stated that he felt that the entire area should be studied and that no decision should be made tonight. Commissioner Bennett stated that Mr, Duo was entitled to a statement as to the exact time a decision would be made and suggested that he be assured t~at a decision will be made cn the rezon~ng request at the next Plannin_z.. Commission meeting. ComlnissioDor Cameron moved for adjournment at 10:50 P.!q, Carried unanimously, Present 20 2 Press -7-