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HomeMy WebLinkAbout09-25-1967 Planning Commission Minutes S~v~RY OF MINUTES CITY OF SAR'ATOGA PLANNING CO~ISSION TIME: Monday, 25 September 1967, 7:30 P.M. PIJCE: City Council Chambers, Fruitvale Avenue, Saratoga, California TYPE:. Regular Meeting I.' ROUTINE ORGANIZATION A. ROLL CALL Present: Commissioners Crisp, Joh.nson, .!<asner, McFall, Norton, and Smith. Absent: Commissioner O'Rorke. B. MINUTES Commissioner Johnson moved, seconded by Co~mnissioner Smith, that the reading of the'minutes of the 11 September 1967 meeting be waived and that they be approved as distributed to the Commission subject to the following additions: page 4. .paragraph 1. .line 3. .add "(without charge)" between the words "boarded"and"on'~ page 6. .paragraph 2 should read "Chairman Norton so directed."; motion carried unanimously. II. PUBLIC HEARINGS A.. V-304 - Elisabeth Gaudreau, Saratoga Hills Road - Request for Variance .in Connection with Reduction in Lot Size - Continued from 11 September 1967 The public hearing on V-~04 was re-opened at 7:35 P.M. The Secretary distri- buted, to members of the Commission, copies of a letter submitted by the appli- cant explaining the physical location and shape of her property.' Miss Gaudreau was present and stated that: 1) Her home is a distance of 200-feet from the front of her lot (including two flights of stairs.) 2) The front of the lot contains old Prune Trees and weeds (5 & 6 feet high) that grow rapidly~ 3)It would seem better to have a house on this property rather than a decaying orchard and 4) The fact that the one portion of the property is before the bend of Saratoga Hills Road and the ot~er portion around the bend almost makes it two different properties. CommisSioner Crisp read the report of the Variance Committee of 25 September 1967, recormnending disapproval of the subject request and stating that this application might properly have been submitted in the form of an application for Change of Zoning. -1- Planning Commission Minutes - 25 September 1967 - Continued II. A. V-304 - Continued Mr. Ole Berzins, Creegan and D'Angelo, representing the applicant, advised that his understanding had been that an application for Variance was sufficient to cover the request made by·MiSs Gaudreau rather than an application. for re- zoning. Chairman Norton advised that 1) a Variance consists of a minor adjustment 2) '=his matter (V-304) would, by the consensus of the Commission, require a Change of Zoning application and 3) even though a Change of Zoning procedure is recommended by the Commission, the recommendation is not to be interpreted as an assurance that it will be granted. Commissioner Crisp moved, seconded by Commissioner Kasner, to close the hear- ing relative to V-304; motion carried unanimously and.the hearing was closed at 7:41 P.M. Commissioner Crisp moved, seconded by Commissioner Johnson, that the Variance Committee Report of 25 September 1967, relative to V-304, be adopted and the Variance be disapproved in accordance with said report and that the applicant be advised that this application is more in line with a request for re-zoning rather than one for Variance; motion carried unanimously. B. V-305 - B. T. Galeb, Seagull Way - R~quest for variance in comnection with Site Width - Continued from 11 September 1967 Public Hearing on V-305 was re-opened at 7:42 P.M. The Secretary stated that nothing new had been added to the file and then briefly reviewed this application. Mr. Ted Gaieb, representing the applicant, stated he had no further comments to make. No one in the audience wished to comment. Commissioner Crisp read the Variance Committee Report of 25 September 1967, recommending that· V-305 be disapproved.· At 7:45 P.M., Commissioner Crisp moved, seconded by Commissioner Kasner, to close the hearing on V-305; motion carried unanimously. It was moved by Commissioner Crisp,' seconded by Conmissioner Johnson, that the Variance Committee Report of 25 September 1967, relative to V-305, be adopted and the Variance be denied in,accordance with 'said report; motion carried unanimously. C. V-306 - Herbert H. Mayr, Monte Vista Drive - Request for Variance in Connection with Site Width - Continued from 11 September 1967 The Chairman resumed the p~blic hearing on V-306 at 7:46 P.M. The Secretary read a letter, submitted by the applicant, explaining that due to unusual conditions which exist on their property, a Variance is necessary. The applicant was present but offered no further comments. Commissioner Crisp commented that the applicant's letter was studied by the Variance Committee prior. to writing their report. Commissioner Johnson read the report of the Variance Committee, dated 25 September 1967, recommending denial of V-306 since the findings required by Section 17.6 of Ordinance NS-3 cannot be made. .2- Planning CommisSion MinUtes - 25 September 1967 - Continued II. C. V-306 - Continued No one in the audience wished to comment. At 7:51 P.M., Commissioner Johnson moved, seconded by Con~nissioner Kasner, that the public hearing on V-306 be terminated; motion carried unanimously. Commissioner Johnson moved, seconded by Conmissioner Smith, that the Variance Committee Report of 25 September 1967, relative to V-306, be adopted and the Variance (V-306) be denied since the findings required by Section 17.6 of Ordi- nance NS-3 cannot be made; motion carried unanimously. D. UP-91 - William J. King, Panorama Drive - Review of Compliance with Conditions - Continued from 11Saptember 1967 The continued hearing on UP-91 was resumed at 7:52 P.M. The Secretary stated that nothing new had been added to the file. Chairman Norton relayed a phone call from Mrs. Maude Haynes, 19242 Panorama Drive, who stated that 1) she had observed the presence of three (3) and sometimes four (4) horses on Mr. King's property 2) she had found the odor, caused by the horse, objectionable and 3) she hoped'the Ordinance would be strictly enforced on this matter. He then advised that the people who .objected to the granting of this Use Permit o~iginally were not available for comment because of illness and death. Mr. King inquired why, since the butchering and feeding of animals is permitted in the.City, the regulations regarding horses were so strict. Chairman Norton stated that 1) this news came as quite a surprise since the Planning Cormnission was unaware that such an activity is being conducted in Saratoga and 2) some action will be taken to eliminate this operation unless it is found to a legal non-conforming use in which case nothing can be done. Dr. Goddard, 19140 Panorama Drive, stated that he was interested in the fact that some neighbors found their olfactory senses affected expecially since he lived so closer. to Mr. King and had never smelled any odor caused by the horses. The Secretary read the Staff Report of 25 September 1967, reco~ending 1) con- tinuance of UP-91 to allow time for further consideration and 2) suspension of the Use Permit remain in effect. Commissioner McFall 1) advised that the forth coming Horse Ordinance may have some effect on this matter (UP-91) and 2) recommended, on the advice of the City Attorney, that this matter be continued. Chairman Norton, in answer to an inquiry from Dr. Goddard, explained the rules related to 4-H Projects as presented in Amendment 3.3 of Ordixmnce NS-3. After discussion, Chairman Norton (8:07 P.M.) directed this matter continued to the next regular meeting and referred same back to the Subdivision Committee for study and a report. E. KOSICH AND ASSOCIATES - Nick Vukasovich, Saratoga-Sunnyvale Road - Informal Hearing - Request to Add Banks and Stock Brokerages to the List of Uses Permitted Under the C~S (Commercial Service) Zoning District - Continued from 11 September 1967 Commissioner McFall recommended that this matter be continued to the next regular meeting to allow time for the applicant to submit proof of intent re names of specific firms interested in this property. Chairman Norton so directed. -3- Planning CommiSsion Minutes - 25 September 1967 - Continued II. F. V-307 - Frank L. Small, Sob~y Road - Request for Variance in Connection with Side Yard Setback Requirements Public'Hearing on V-307 was opened. at 8:09 'P.M. The Secretary stated that the Notices of Hearing had been mailed.and then read a statement of reason filed by the applicant. The applicant x.ms present and read a letter written by H. R. Harvey, 15050 Sobey Road, requesting that the subject Variance be granted. After discussion, Chairn'~n Norton (8:17 P.M.) closed the public hearing for the evening, continued it to the next regular meeting and referred same to the Variance Committee for study. Commissioner Crisp arranged for an appointment with '[he applicant for 9:30 A.M. on 30 September 1967, for an on-site inspection by the Variance Committee. G. V-308 - Dr. Joseph To~send, Bank Mill Road - Request for Variance in Connection with Side and Front Yard Setback Requirements Chairman Norton opened the public hearing on V-308 at 8:18 P.M. The Secretary stated that the Notices of Hearing had been nmiied and then briefly reviewed this file. He then read a coma~uniaa~ion submitted by Melvin and I~argaret Crable stating they were opposed to the proposed Variance. Mr. Luis Pina, applicant's architect, stated that i) the physical shape of the property is such that very little is actually level enough to jDe used for the construction of a building 2) the neighbors have a wide yard and would not be affected by the proposed Variance 3) M~. isaacs, adjoining property owner, has offered to mail a letter stating that he is in favor of the grant- ing of the proposed Variance.and 4) due to the narrow width of the subject lot it is necessar~ to build a one and one-half (I~) story home in order. to have a house of some substantial size on the .property which was a costly investment for Dr. Townsend. No one else present wished to coherent. Con~nissioner Crisp, on behalf of the Variance Committee made an appointment with Mr. PiCa for an on-site inspection for Saturday morning, 30 September 1967. At 8:29 P.M. Chairman Norton cl6sed the public hearing for the evening and directed that V-308 be continued to the next regular meeting and referred same to the Variance Committee for study and a report. H. UP-140 - Richard C. Angus, Monte Vista Drive - Request for Use Permit for the Keepin~ of One (1) Horse Public hearing on UP-140 was opened at 8:30 P.M. The Secretary stated that the Notices of Hearing had been mailed and then read two (2) communications submitted by 1) F~s. I~xine Zanker and filed in opposition to the proposed Use Permit and 2) Huber B. Allen and filed in support of UP-140. Mr. Angus was present and stated that l) ~k-s. Zanker's letter indicated she knows very little about horses 2) horses do not attract any more flies than the orchards in the area 3) a neighbor has offered to submit a letter stating that the pony k~pt on the property does not wander off onto their property 4) there is more to be feared by wandering dogs than from a pony 5) this is primarily a 4-H Project and 6) .the other two horseskept on the. property previously are now boarded out on property located on Pierce Road. -4- PlanninS Commission Minutes 25 Septemb·er ].967 - Continued II. H. UP-140 - Continued Commissioner Crisp stated it Was understood at the time the applicant was advised that he was in violation of the Ordinance that all the horses would be removed from the property until the applicant obtained a Use Permit. Instead; -'the existing corral still remains illegal and one horse has remained on the property. Mr. Angus stated that if the requested Use Permit is granted he intends to remodel the existing corral to meet the Zoning requirements. Mr. Goddard 1) stated that some years ago the citizens'of Saratoga voted to incorporate in order to prevent the area from developing like San Jose and losing all its rural atmosphere and '2) urged th.~ Planning Commission to grant the Use Permit requested by Mr. Angus. The Secretary read the Staff Report of 25 September 1967 recommending that this matter be continued indefinitely until all horses are eliminated from the'property.and the non-conforming corral is eliminated or modified to comply with the Zoning Ordinance NS-3. }~. Angus inquir.ed if the Planning Commission cQuld assure him that a Use Permit would be granted after he complied with the conditions stated in the Staff Report. Chairman Norton stated that if the Subdivision Committee found no other objection Mr. Angus could be reasonable.sure'that. a Use Permit will be granted. · Commissioner McFall stated that if the horse were removed and the corral modified to meet the Zoning requirements the proposed Use Permit would receive ~avorable consideration. Chairman Norton explained that it is not the Planning Commission's desire to prolong this Use Permit but the applicant has ignored the Ordinance frequently; therefore, compliance is necessary prior to the issuance of a Use Permit. MrS. Angus 1) asked if the Ordinance is to De followed by everyone or is it tampered with for some and not others 2) stated she had witnessed Variances denied by the Planning· Commission which caused lots to become useless to the owner 3) advised ~hat when moving to Saratoga it was with the thought that they were moving to a country atomsphere 4) declared that a plan has been presented showing the proposed corral and she could see no reason for sub- mitting another 5) explained that it was costing a substantial amount of money to board two (2) horses and if the remaining horse is move~ .to another location and tl;e Use Permit is delayed further the cost will increase. Chairman Norton informed the applicant that it was possible to meet with the Subdivision Committee to discuss this matter by calling the Planning Director and arranging an appointment. Commissioner McFal! recommended that t ) this matter be continued to the next regular' meeting 2) 'the additional horse be removed from the subject property until the Use Permit is granted and 3) new plans be submitted for the corral and stable. In view of the foregoing, Chairman Norton (8:56 P.M.) closed the hearing for the evening and directed that UP-140 be continued to the next regular meeting and referred same to the Subdivision Committee for study and a report. -5- Plannin$ Commission Minutes - 25 September 1967 Continued II. AGENCY OR CO[D~ITTEE RE ANIMALS' Chairman Norton stated that 1) a seperate agency or committee should be formed to handle situations dealing with violations regarding aninmls 2) it is too time consuming to bring these items before the Planning Commissioner for discussion just because the City is trying to n~intain low administrative costs and 3) he did not feel it was the duty of the Planning Commissioners to act in the role of Pound Men. I. L~-141 - Oiiver and Alameda, Saratoga-Sunnyvale Road - Request for Use Permit for Mortuary Public Hearing on ~JP-141 was opened at 7:58 P.M. The Secretary stated that the Notices of Hearing had been mailed and briefly reviewed this application. Dr. O!iver and his brother-in-law, I~. Durham, were present to answer questions. ~. and ~s.. Gordon Smith, Ted Avenue, ~ere present and offered the follow- ing co~m~ents 1) it was their understanding that i~. Livingston, Planning Consultant, was studying this area to see what type of business would be appropriatefOr! this location 2) this application should be delayed until the results of ~. Livingston's findings are completed 3) they would like to feel that this area is part of Saratoga (rather than an orphan section) especially since it is one of the mai~ entrances to the City. Chairman Norton explained that this use (Mortuary Facility) has already been added to the list of Conditional Uses for this area and will most probably not be changed by i.~. Livingston. ~.~. Smith stated that this would very likely up-grade the area but expressed concern that it might not be in line with the-other establishments in the vicinity and that it would add' to the existing traffic problems. He then advised that ~) two (2) years ago the people in this neighborhood requested a left hand turn lane at the intersection of Saratoga-Sunnyva!e Road and Seagull Way since the one-lane pr.ovided would not be adequate in an emergency. Commissioner Johnson stated 'that normally services of this type (Mortuary) are not held at peak traffic hours and there is usually police protection provided. He further stated that cars generally come in groups of two or three; therefore, causing very little additional traffic. Mr. Durham advised that he had a very personal interest in this facility. since he hoped to be in the position of Supervisor-l/~nager if and when the Mortuary is completed. He further advised" that 1) the services were not held at peak hours 2) a police escort is always provided and 3) if the number of cars exceed a specified amount an additional escort is provided. Mrs i Smith stated !) she was concerned with the traffic problem in this district 2) it was gratifying to see that the funeral homes provided the police protection and 3) that she felt that the people in this neighbor- hood should be provided with the same protection for their safety by adding the additional lane requested by the residents. The Secretary stated some money is available for improvement of this road but the State Highway Department would have to be contacted regarding the a~]dition of a left turn lane. Chairman Norton advised that since it is not a City Street the State High- way Department must authorize all alterations and then directed the Secretary to bring the nmtter of a ].eft hand turn lane i(at this intersection) to the attention of the City Council. -6- Plannin~ Conm~ission Min~ - 25 September ].967 - Contin~ II. I. UP-14i - Continued At the direction of Chairman Norton the Con~nission read the Staff Report of 25 September 1967 recommending that the Use Permit (L~-.141) be granted. At 9:16 P.M. Commissioner Johnson moved, seconded by Commissioner Smith, that the public hearing relatiye to UP-!41 be closed; motion carried unanimously. Commissioner Crisp recommended that the Staff Report be amended to state that: "Construction of the facility begin.by ! September 1968 and be concluded by 1 january 1969." It was moved by Co~nissioner McFai!, seconded by Commissioner .Smith, that the Staff Report of 25 September %967, relative to DT-14i, be adopted, as amended, and the Use Permit be granted subject to the following'conditions: 1. Building Site Approval 2. Design Review 3. The Specific location, size, and 'types of buildings and the uses designated ~or said buildings as sho~m on Exhibit."A" are not approveo for other than the specific use of Mortuary or Funeral Parlor. 4. Construction of the facility begin by 1 September 1968 and be concluded by 1 january 1969; motion carried unanimously. J. bT-137 - West Valley United Church of Christ, Quito Road - Request for Use Permit for Church Buildin~ - Continued from 28 August 1967 The continued hearing on UP-137 was resumed at 9:24 P.M. The Secretary briefly reviewed this file. Reverend Blanchette, Minister of the United ChUrch of Christ, was present but offered no further con~ments. Commissioner McFall read the Staff Report of 25 September 1967 recommending that the Use Permit be granted subject to the conditions stated in said report. Commissioner Smith expressed appreciation to the applicant for the cooperation extended to the Subdivision Committee in working out the problems relative to this application. After discussion, Co~nissioner McFall moved, seconded by Commissioner Crisp, that the public hearing be closed (9:26 P.M.) on UP-137; motion carried.' unanimously. It was moved by Co~missioner. McFa!l, seconded by Commissioner Kasner~ that the Staff Report of 25 Septen~Der 1967, relative to UP-137, be adopted and the Use Permit be granted subject to the following conditions: i. Building Site Approval 2. Design Review; motion carried unanimously. -7- Plannin5 Com~nission Minutes - 25 September 1967 - Continued RECESS AND RECONVENE III. BUILDING SITES AND SUBDIVISIONS A. SDR-710 - B. To Galeb, Seagull ~y Building Site Approval - 1 Lot - Continued from ll SeDtember 1967 Conmissioner McFal! explained that since the Variance (V-305), ~elatiVe to this application, has been denied SDR-710 may be taken off the agenda. Commissioner Crisp recom-nended that Mr. Galeb grant the Co~mission an extension of time since he may want to change his plans to conform to the Zoning Ordinance thereby making a Variance unnecessary. The Secretary stated that M~. Galeb's application would not expir~ until 15 October 1967 at which time he can grant an extension of time or withdraw his application. After discussion, Chairman Norton directed that this matter be continued to the next regular meeting and referred same to the Subdivision ComT~ittee for study. B. SDR-716 - Fred Zend Irany, Pierce Road - Building Site Approval 2 Lots Continued from 1! SeDtember 1967 The applicant was present and expressed approval of the proposed conditions but did question Condition iI-D relative to rolled curbs. Co~miss'ioner McFall explained that the rolled Curbs were considered compatible with-the.area in which Mr.-irany's'bui!ding .site is located. Commissioner McFall moved, seconded by Commissioner Smith, that the Building Site Committee Report of 25 September 1967 relative to SDR-716 be adopted and that the Site development plan be approved and the tentative map (Exhibit "A", filed 25 August 1967) be approved subject to the conditions set forth in said report; motion carried unanimously. C. SDR-717 - Oliver and Alameda, Saratoga-Sunnyvale Road - Building Site Approval 1 Lot Dr. Oliver was present and expressed satisfaction'with the proposed condi- tions of approval. It was moved by Commissioner McFall, seconded by Commissioner Crisp, that the Building Site Committee Report of 25 September 1967 relative to SDR-717 be adopted and that the tentative.map (Exhibit "A", filed 15 September 1967) be approved subject to the conditions set forth in said report; motion carried unanimous.ly. D. SD-718 - George W. Day, Allendale Avenue - Subdivision Approval - 7 Lots Mr. Jim Kaiser, engineer from MacKay and Somps, was present to represent the applicant and expressed approval of the proposed conditions. Commissioner McFall moved, seconded by Commissioner Crisp, that the SuBdivi- sion Committee Report of 25 September 1967 relative to SD-7!8 be adopted and that the tentative map (Exhibit "A", filed 15 September 1967) be approved subject to the conditions set forth in said report; motion carried unanimously. -8- ~lanninS Commission l'~inutes - 25 September ].967 - Continued III. 'E. SD-56~ - Pacific Shore Properties, Meadow Oak Road and Via Roncole Subdivision Approval - 16 Lots There was no one present to represent the applicant. The Secretary explained that the 'applicant had reviewed the proposed conditions of approval and had expressed satisfaction with same. Commissioner McFall moved, seconded by Commissioner Crisp, that the Sub- division Comm~ittee Report of 25 September 1967.relative to SD-567 be adopted and that the tentative .map (Exhibit "A-4", filed 15 September 1967) be approved subject to the conditions' set forth in said report; motion carried unanimous ly. IV. DESIGN REVIEW A. A-253 - L. B. Nelson, Prospect Road - Final DesiSn Review - Car Wash The Secretary stated that the applicant met with the Design Review Committee to discuss this matter. The Secretary read the Staff Report of 25 September 1967 recommending that Final Design Approval for A-253 b'e granted in' accordance with Exhibits "A-2" and color. schedUleS as shown on Exhibit "B". Commissioner Kasner moved, seconded by Conn~issioner Johnson, that the Staff Report of 25 September 1967 relative to A-253 be adopted and that Final Design Review approval be granted. in accordance with Exhibits "A-2" and color schedules as shown on Exhibit "'B"; motion carried unanimously. V. CiTY COUNCIL REPORT Commissioner Smith gave a sumsmary on items reviewed and action taken at the City Council meeting of 20 September 1967, with emphasis on items of .particular interest to the Planning Commission. VI. NEW BUSINESS LIGHT' AT PLAZA Chairman Norton stated that the light at the to~m pla.za is an eye-sore and recommended that something be done to remove same. The Secretary explained that this pole light has been a point of contention for some time and offered to find out what, if anything, has been done about it. Commissioner Johnson inquired how th~ City n~naged to install Over head wiring for this project? Chair~n Norton advised that this prqbably resulted because the State Highway was Involved. VII. OLD BUSINESS A. Clara Hoffman and Charles Ho and Mary Louise Hinton, South Highway 85 - Request to Grow ~olesale Plant Materials The Chairman inqufred if the Secretary had. been able to obtain a definition of Horticultural Specialty from the City Attorneyj -9- Plannin~ Commission Minutes - 25 September 1967 - Continued VII. A. Clara Hoffnmn - Continued' The Secretary answered that the definition of Horticultural Specialty included the growing of flowers and potted plants. The Combmission read the Staff Report of 25 September 1967 recommending that this request be denied. Commissioner McFall moved, seconded by Commissioner Smith, that the Staff Report of 25 September 1967 be adopted and the subject request be denied for the reasons stated in said report; motion carried unanimously. VIII. COPLMU~ICATIONS '~ A. ~IiTTEN 1. West Val!ev Baptis~. Church, Allendale and Fruitvale Avenues Coxmnissioner'McFall stated that a letter had been received, addressed to the City Council, from the West Valley Baptist Church.concerning improvements on Fruitvale Avenue. He' further stated that this matter was discussed at a joint meeting of the Subdivision Committee and the Planning Committee of the City Council.and that this request will be brodght before the Planning Commission under an appropriate Building Site application. Commissioner McFall then advised that ~f~en the two (2) Committees met with the applicant he submitted plans showing major reductions of the church property due to road widening; therefore, requiring the re-submittal of the Building Site Approval application. After discussion Chairman Norton directed that this 'letter be filed until such'time as a proper application can be brought before the Planning Commission. B. ORAL Chairman Norton acknowledged, with pleasure, the presence of Councilman Tyler, }~s. ~xine Frence and ~-. John Langwill of the Good Government Group and ~s. Ottenberg of the League of Women Voters. He, also, expressed appreciation to ~'s. French for the coffee served at recess. IX. ADJOUR~,ZNT The Chairman declared the meeting adjourned at 10:15 P.M. Respectfully submitted, Stanley M. Walker, Secretary Saratoga Planning Conm~ission j -t0-