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HomeMy WebLinkAbout10-24-1960 Planning Commission Minutes CITY O~ SARATOGA PLAN!~ENG COP~ISSION TIME: October 24, 1960 - 7:00 P.M. PLACE: Fruitvale School, Fruitvale Avenue, Saratoga, Calif. TYPE: Regular Meeting I ROUTINE ORGANIZATION A. ROLL C~IL Present: Anderson, Bennett, Crisp, Glenn, Parden Absent: Higgins, Webster B. MINUTES Commissioner Crisp moved that the minutes be approved as written and distributed. Commissioner Glenn seconded. Commissioner Webster arrived at 7:02 P.M. Commissioner Higgins arrived at 7:04 P.M. Commissioner Bennett moved to amend the motion that the accep- tance of the minutes be postponed till the next meeting since he had not had time to read them. Commissioner Webster seconded. The following roll call vote was recorded: Ayes: Anderson, Bennett, Higgins, Webster Noes: Crisp, Glenn, Parden Absent: None Motion carried to amend the motion as stated. The following roll call vote on the amended motion was recorded: Ayes: Anderson, Bennett, Higgins Noes: Crisp, Glenn, Parden, Webster Absent: None The motion did not carry to defer action. Commissioner Webster moved that the time be taken to read the minutes. Commis loner Crisp seconded. Carried unanimously. Commissioner Glenn moved tha~r the minutes be approved as dis- tributed. Commissioner Anderson seconded. The following roll call vote was recorded: Ayes: Anderson, Crisp, Glenn, Higgins, Parden, Webster Noes: Bennett ~ "Had not time to fully assimilate." Absent: None The minutes were approved. Chairman Pro Tem Parden turned the meeting over to Chairman Webster. Chairman Webster stated that "l. Excellent minutes. 2. But could be distributed earlier". II PUBLIC HEARINGS A. USE PERMITS 1. UP-22 - Dr. R. H. Schumacher - 7:24 ~5~acher The Secretary read the application and a letter from Carl L. Sturgeon, 21200 Canyon View Drive, dated October 20, 1960 and from F. Reed Whitelam, 21160 Canyon View, dated October 24, 1960, suggesting Conditions to be placed on Use Permit. -1- Doctor Schumacher spoke. UP-22 Schumacher Chairman Webster asked for public comments; there were none. Commissioner Bennett moved that the matter be continued to the next meeting pending a report from Mr. Huff. Commission- er Crisp seconded. Carried unanimously. Chairman Webster continued ~th~ public hearing to the next regular meeting. B. VARIANCES 1. V-180 - W. R. Swain - 7:40 P.M. - Continued V-180 Swain Chairman Webster stated that V-180 was continued for resub- mittal of material. Commissioner Parden gave the report of the Variance Committee stating that the property line adjacent to road set back far- ther than required. No one spoke from the audience. Commissioner Bennett moved that V-180 be granted reducing rear yard from required 25 feet to l~ feet for Lot 5. Com- missioner Higgins seconded. Commissioner Bennett asked that the minutes show "State law states that unless physical hardship exists - but actual physical hardship cannot exist since building on a perpen- dicular hill is possible. He would look on this Variance with favor - reasonabless - and not within strict interper- tation of the law." The following roll call vote was recorded: Ayes: Bennett, High, ins, Parden Noes: Anderson - Because letter of Mayor Brazil, January 8, 1959, states, "It is the desire of the City Coun- cil that the granting of variances be based on strict construction of the law and on a strictly logical and realistic construction of the facts constituting un- due hardship or peculiar circumstances". Crisp, Glenn, Webster Absent: None Motion did not carry. Commissioner Glenn moved that, in view of the fact that this residence projects out so far as it does over the Valley, it would be a hardship to the neighbors, the Variance be granted. Commissioner Higgins seconded. The following roll call vote was'recorded: Ayes: Anderson, Bennett, Glenn, Highins, Parden, Webster Noes: Crisp Absent: None Variance from required rear yard setback granted. Chairman Webster closed the public hearing at 8:07 P.M. on V-180 2. V-181 - Douglas P. Hines - 8:09 P.M. V-181 Hines Chairman Webster gave a resume of a letter from Mr. Hines. The Secretary read Condition 9 of tentative building site approval dated August 22, 1960. Commissioner Parden moved that the Variance be denied on the grounds of inadequate evidence of hardship. Commissioner Crisp seconded. -2- There was no one present to represent the applicant, and V-181 no one spoke for or against the Variance. Hines The following roll call vote was recorded: Ayes: Anderson, Bennett, Crisp, Glenn, Higgins, Parden, Webster Noes:None Absent: None Motion unanimously carried and V-181 denied. Chairman Webster closed the public hearing at 8:07 P.M. 3. V-182 - Peck L. Merrick - 8:18 P.M. V-182 Merrick The Secretary read the application for a 15,000 square foot corrido~ access lot. Fir. Joseph A. Bonacina, Attorney for Mr. Merrick, ~ir. K. Marsh, Builder and ~'~. Merrick spoke in favor of the appli- cation. Commissioner Anderson stated all facts not presented and maps inaccurate. A meeting with the Variance Committee and the Applicant in order after new map presented. Chairman Webster continued the Public Hearing to the next meeting and ordered accurate map to be submitted and re- ferred V-182 to the Variance Committee for report at the next meeting. Applicant to show the reason property can not be taken from home site. Appointment will be made after proper map submitted. III COI~ITTEE R~'TORTS A. ARCHITECTUR!~ AND SITE CONTROL 1. A-31 - San jose Water Works A-31 S.J.W.W. The Secretary read~the application. Commissioner Bennett gave the report of the Architectural and Site Control Committee, stating that trees are to be planted as shown on drawing with banks to be completely covered with low growing shrubbery. FL~. Norman Andrews, representing the San Jose Water Works, agreed to comply with the suggestion. Commissioner Bennett moved that Architect~lral and Site Con~ trol Permit Approval be given to A-31 subject to the sub- mission, and approval, of landscape plsn at the next meeting. Commissioner Higgins seconded. Carried unanimously. 2. A-32 - Lolas Coiffures - Coast Neon Sign A-32 Lolas Commissioner Bennett suggeste~ that A-32 and A-33 be consid- Coif. ered as one matter, since both are in ~rgonaut Shopping Cen- ter. Chairman Webster so ordered. A-32 A-32 - Lolas Coiffures - Coast Neon Sign A-33 A-33 - Electrical Products Corp. - Sprouse Reitz Variety Commissioner Bennett gave the Architectural and Bite Control Committee Report. Several weeks ago sign deuied in Quite . Shopping Center till ~ c~nference could be held with the Developer - agreeing on ~niformity of signs in the Center. A letter is in the file~ as of last April, regarding the ob- taining of approval of Developer and the Architect prior to submitting to the Planning Commission. A-32 A-33 The Supervisor for Sprouse Reitz Variety Stores represented the applicant. Commissioner Bennett moved to defer action on A-32 and until an agreement between the applicant and the developer canbe brought in for action· Commissioner Anderson moved to continue A-32 and A-33 to the next meeting. Chairman Webster ordered the Secretary to advise the appli- cants to comply with the original motion. B. SUBDIVISIONS AND BUILDING SITE APPROVAL SD-235 1. SD-235 - Brown & Kauffmann Brown & Kauff~ Commissioner Anderson stated that the Conditions were not ready and that there is a letter in the file granting an extension of time for action on SD-235. Chairman ~ebster ordered the matter continued to the Novem- ber 14th ~eeting. SDR_2392· SDR-239 -~Barbara Caldwell Caldwell Commissioner Anderson gave the Subdivision Committee report dated Oct6ber 21, 1960. Cmm sI o is~ioner Parden moved that the report be accepted. Com- .... seconded· Carried unanimously~ mmssloner Hlgg~ns Chairman Webster directed the Secretary to notify the appli- cant of t~e request for further information. 3. SD-2#3 - O. C. Cox SD-2~ mm'ssioner Anderson stated that there is a letter in the Co m file granting an extension of time for action. New maps will be sdbmitted to try to conform to the Highway Depart- ments reqdirements. Chairman Webster ordered SD-2#3 continued to the next meet- ing. Chairman Webster welco ed Kenneth Hartman, City Councilman, to the m Meeting. IV OLD BUSINESS A. EXTENSION OF TENTATIVE BUILDING SITE APPROV~L SDR'1601. SDR-160 - Eghert Egbert Mr. Flanagan, purchaser of the property, stated that the road construction was completed but since he wanted to build during go~d weather, would like to have a six month exten- sion of the Tentative Approval. Commissioner Glenn moved that a six month extension from November 23, 1960, be granted SDR-160 Tentative Building Site ApprOval. Commissioner Higgins seconded. Carried unanimous ly. B. REQUEST FOR RECONSID~RATION OF PLANNING COMMIS~%ION ACTION 1. V-179 - D~. D. M. Bis~ell V-179 Biasell The Secretary read a letter from Mr. Kocher, Architect for Dr. Bissell, asking for reconsideration of Variance Appli- cation. Mr Ko he represented Dr. Bissell · c r -~_ Commissioner Higgins moved to reconsider V-179. Conmission- V-l?9 er Bennett seconded. The following roll call vote was re- Bissell corded: Ayes: Anderson, Bennett, Glenn, Hig~ins, Parden, Webster Noes: Crisp Absent: None Motion carried to reconsider V-179. Commissioner Higgins moved that the Varianc~ V-179, reques- ted for 16 foot setback be granted. for the reason that it is a difficult site to develop and that the unique conditions of the site due to the slope requires a Variance. Commis- si6ner Bennett seconded. The following roll call vote was recorded: Ayes: Bennett, Higgins Noes: Anderson, Crisp, Glenn, Parden, Webster Absent: None The Motion did not carry and V-179 again denied. 2. SDR-230 Norman & Patricia Koepernik SDR-230 Koepernik The Secretary read Condition No. 8 of Tentative Approval granted August 22, 1960, a letter from Mrs. Koepernik re- garding the widening Via Regina from Pierce Road to the property and a letter from the Zoning Administrator and the Director of Public Works stating that a visual inspeC- tion of the property had taken place and their recommend- ation. Commissioner Anderson moved that Condition No. 8 of SDR-230 be changed by adding "With the exception that widening of the bridge not be required, and that rec]uired 18 feet of travel way not be req~ired approximately at stations lO + 94 and 14 + 94 of the Director. of Public Works Report and that the amount of exception at these t~o points be as approved by the Director of Public Works. Commissioner Crisp secon- ded. Carried unanimously. Chairman Webster stated to Mr. and Mrs. Koepernik that nay future development would indeed prorate the cost. The City would see that they were reimbursed. A Bond would be satis- factory. V NEW BUSINESS A. PROPOSED RESOLUTION 1. Resolution Proposing an Ordinance to the City Council Re: Tree Planting. Commissioner Crisp gave the background of the matter, statinS that in the Preliminary Subdivision Ordinance it was required that Subdividers plant trees. It is felt that a guide could be established for all residents. Commissioner Bennett moved that the printed Resolution be adopted and sent to the City Council for adoption. Commis- sioner Higgins seconded. Carried unanimously. VI PETITIONS AND GRIEVANCES ~ WRITTEN - None B. ORAL - None Chairman Webster adjourned the meeting at 10:25 P.M. Respectfully su'~m~tted, Secretary -5-