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HomeMy WebLinkAbout06-23-2004 Planning Commission Minutes MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, June 23, 2004 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Chair Garakani called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners Hunter, Garakani, Nagpal, Rodgers, Schallop and Uhl (arrived at 8:10 p.m.) Absent: Commissioner Zutshi Staff: Director Tom Sullivan and Assistant Planner Ann Welsh PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES – Regular Meeting of June 9, 2004. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Schallop, the Planning Commission minutes of the regular meeting of June 9, 2004, were adopted with corrections to pages 10, 13, 16 & 20. (5-0-2; Commissioners Uhl and Zutshi were absent) ORAL COMMUNICATION There were no Oral Communications. REPORT OF POSTING AGENDA Director Tom Sullivan announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on June 17, 2004. REPORT OF APPEAL RIGHTS Director Tom Sullivan 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 23, 2004 Page 2 *** PUBLIC HEARING - ITEM NO. 1 APPLICATION #04-087 (503-16-026) BHATIA, 13228 Pierce Road: Request Design Review approval to construct a 1,739 square foot second floor addition to an existing 2,814 square foot single- story structure for a total floor area of 4,553 square feet. The height of the structure will be 24 feet, 6 inches. The gross lot area is 21.052 square feet and the parcel is zoned R-1-40,000. (ANN WELSH) Assistant Planner Ann Welsh presented the staff report as follows: • Advised that the applicant is seeking Design Review approval for a 1,739 square foot second story addition to an existing single-story structure. The first floor would increase by 98 square feet for a total residence of 4,553 square feet. • Described the proposed building height as being 24.5 feet and the existing height as 14.5 feet. The zoning is R-1-40,000 and this parcel consists of 21,052 square feet. • Stated that the proposed architectural style is Mediterranean with a front balcony feature and a low- profile front entry. • Said that the neighborhood consists of a mix of single and two-story structures in a variety of architectural styles. • Advised that this project would not interfere with views and offers a minimal perception of bulk. • Informed that the neighbor to the east is concerned with preserving their view shed and are asking that a tree be planted. Staff has added a Condition of Approval for that tree. • Recommended approval. Commissioner Rodgers pointed out that this is a half-acre lot and questioned whether the other half is located behind. Assistant Planner Ann Welsh explained that the vacant field is part of the parcel behind this one. Commissioner Hunter asked how this parcel could consist of only 21,000 square feet when it is zoned R-1-40,000. Assistant Planner Ann Welsh explained that it is an existing non-conforming parcel, adding that there are quite a few in the City of Saratoga. Commissioner Nagpal sought clarification that the allowable square footage for this lot is equal to a 21,000 square foot lot rather than a 40,000 square foot lot. Assistant Planner Ann Welsh replied that the allowable square footage is based on the specific lot and not the zoning designation itself. Commissioner Rodgers said that she thought that the height of rooms above 15 feet affected the allowable footprint and asked staff if there is any square footage that is above 15 feet in height. Assistant Planner Ann Welsh replied no, confirming that any space over 15 feet in height would be double counted as floor area. She added that none of the cross sections show that. Saratoga Planning Commission Minutes of June 23, 2004 Page 3 Commissioner Rodgers sought confirmation that none of the space has been double counted. Assistant Planner Ann Welsh replied no. Chair Garakani opened the Public Hearing for Agenda Item No. 1. Mr. Thomas Lu, Project Architect: • Advised that they had taken into consideration the location of second story windows to avoid any privacy impacts. They also tried to make the house as low as possible at 24 feet, six inches, instead of the maximum allowed 26 feet. • Assured that the second story would not be visible from the neighbor’s home due to existing shrubs. • Added that they feel additional screening trees along this shared property line are unnecessary and asked the Commission to reconsider that Condition of Approval. Commissioner Hunter asked staff how the decision to require story poles is made. Assistant Planner Ann Welsh replied that the policy, as she understands it, is that story poles are required for new two story residences or anything in the Hillside District. Commissioner Hunter pointed out that this home would be visible from Pierce Road. Director Tom Sullivan advised that it is not easy to put in story poles on an existing house. Chair Garakani pointed out that using balloons on strings at each corner is an effective means of depicting heights. Commissioner Hunter said that this home will be very visible from a major road and that she thought that story poles should be used to show the community the impacts of an addition such as this one. Director Tom Sullivan said that her point is well taken. Chair Garakani asked for the existing height of the home. Mr. Thomas Lu replied 14.5 feet. He added that this house would be visible but that there are heavy tall shrubs. Commissioner Hunter replied not from the front. Mr. Thomas Lu advised that the appearance is of a one-story home from Pierce. Commissioner Nagpal expressed concerns about the large paved area at the front and asked its purpose and proposed materials. She asked if it is for parking or access. Mr. Thomas Lu replied that they plan to utilize some kind of decorative pavement, adding that they want to have a gate at the driveway with a horseshoe turnaround. Commissioner Rodgers expressed support for any reduction possible to the impervious area in front of the house, facing Pierce Road. Saratoga Planning Commission Minutes of June 23, 2004 Page 4 Mr. Thomas Lu reported that the area is needed in order to turnaround on site as well as for parking additional cars. Chair Garakani asked Mr. Thomas Lu if he were willing to make this area pervious to allow water to drain. Mr. Thomas Lu replied yes, they could consider that request. Commissioner Rodgers asked Mr. Thomas Lu for the interior height of the living room. Mr. Thomas Lu said it goes up to the roof or to 17 feet. Assistant Planner Ann Welsh advised that, upon further review of the plans, it is evident that this area has been double counted as part of the second floor. Mr. Hans Stellrecht, 13200 Pierce Road, Saratoga: • Identified himself as the neighbor to the east. • Advised that he has resided on Pierce Road for 25 years and has seen a lot of construction in the area. • Stated that he had some concern regarding this project and looked at the proposed plans. • Added that taking into consideration that there is already another two-story home nearby, he thought it is reasonable to have a two-story here. • Said that he is asking for a minor modification to put in a couple of trees to shield the view of this second story from his property and wants this requirement to be a provision of this project approval. • Advised that he planted a tree a couple of years ago that shields this house pretty well and that he felt that additional screening is a small concession to make. • Added that if additional trees can be planted in the right-of-way section, owned by someone else, that there might be the possibility of the Bhatia’s not having to plant one in their proposed driveway area. Chair Garakani asked Mr. Hans Stellrecht if he would be willing to put in a tree next to his silk tree. Mr. Hans Stellrecht said that half of that area does not belong to him and that anything planted here would be fairly close to his house. Commissioner Hunter said that this detail could be worked out in the resolution. Mr. Hans Stellrecht: • Said that he understands the Bhatia’s concerns about planting in their proposed driveway area. • Stated that if something can be worked out with his other neighbor it won’t be necessary. • Reiterated that he thinks this is a simple request and he can back off from it if this additional tree becomes unnecessary. Commissioner Rodgers asked Mr. Hans Stellrecht if this house would block his views of the foothills. Saratoga Planning Commission Minutes of June 23, 2004 Page 5 Mr. Hans Stellrecht replied that this was an initial concern but this house is over to the side and the impact is not a big deal. Added that if he had bought the Bhatias’ house, he too would want to have a second story addition. Mr. Bhatia, Property Owner and Applicant, 13228 Pierce Road, Saratoga: • Explained that he previously resided in Cupertino and had many friends in Saratoga. • Stated that his wife was determined to find something for them in Saratoga where they could build. She found this property, where they want to build something bigger than what is there. • Said that they had no choice but to go with a second floor addition due to setback requirements and trees, etc. • Advised that he has met with Mr. Hans Stellrecht. • Stated that there are two trees near the garage already and that he does not feel it is advisable to put a big tree there due to nearby utility wires. Chair Garakani asked Mr. Bhatia if he would consider options such as Italian Cypress. Mr. Bhatia said that this is not a problem but this would not do what Mr. Hans Stellrecht wants. Chair Garakani explained that Italian Cypress grow quite tall. Commissioner Hunter stated that after this house is built, the applicant could work with Mr. Hans Stellrecht to screen his property as necessary, adding that it may be determined that additional landscape screening is not necessary. Pointed out that Mr. Hans Stellrecht has lived here many years and is being very nice. Mr. Bhatia said that he was willing if necessary screening is required. Chair Garakani asked Mr. Bhatia if he tried to speak with the third neighbor. Mr. Bhatia replied that his wife had and that this neighbor told her he is not sure what he plans to do. Commissioner Nagpal asked if it is possible this neighbor might clear out that area. Mr. Bhatia replied that he is not sure. Commissioner Rodgers pointed out that the entire area between the house and the right-of-way would be paved and that some paving may have to be removed in order to plant trees. Chair Garakani asked if staff could control this issue. Director Tom Sullivan replied sure, adding that the decisions could be made at the time of framing. Commissioner Nagpal asked Mr. Bhatia if he is willing to make the paved area pervious. Chair Garakani explained to Mr. Bhatia that pervious surfaces allow water to percolate. Mr. Bhatia said yes, he would look at that. Saratoga Planning Commission Minutes of June 23, 2004 Page 6 Chair Garakani closed the Public Hearing for Agenda Item No. 1. Commissioner Rodgers said that when she was on site yesterday, it appeared as if the house would be closer to Pierce Road than she had initially thought from looking at the plan. Stated that this gives it a massive and bulky appearance that may change the character of the neighborhood. Commissioner Hunter asked staff if they agree that this house is close to Pierce Road. Assistant Planner Ann Welsh replied that the conceptual landscaping plan shows a good bit of shrubbery and pointed out that they are going up and not projecting any further toward Pierce Road. Commissioner Rodgers said that the added height of the second story would be visible from Pierce Road. Chair Garakani said that planting would soften the impacts. Commissioner Hunter agreed with Commissioner Rodgers’ concern that this home would be prominent from Pierce Road and said that this is a good point. Director Tom Sullivan pointed out that this is an existing non-conforming lot. Commissioner Nagpal asked if the applicants had considered a different architectural look. Chair Garakani pointed out that they are building on top of an existing home. Commissioner Hunter reminded that there are a couple of Mediterranean style homes going in nearby. Assistant Planner Ann Welsh agree, saying that one in that style is under construction two lots down the street. Commissioner Nagpal reiterated that her concern is the big piece of pavement that would be visible from Pierce Road. Commissioner Hunter asked where they could park if they did not have that area. Commissioner Nagpal suggested screening along the wrought iron fence to soften the impact. Chair Garakani said that there is already some landscaping in place there. Commissioner Hunter said that Pierce Road has a lovely country feeling and that it would be nice to be able to retain some of that look. Commissioner Nagpal asked if there is a color board available. Assistant Planner Ann Welsh replied yes. Chair Garakani said that this area could be look at after the framing is done. Saratoga Planning Commission Minutes of June 23, 2004 Page 7 Commissioner Nagpal stated that this is not a shoe horse but rather where the owners plan to turn. Assistant Planner Ann Welsh reminded that they couldn’t park on the street. Chair Garakani asked if requiring a three-foot wide strip of vegetation to screen the paved area is a problem. Assistant Planner Ann Welsh said no, not as long as it does not interfere with the views to leave the driveway. Commissioner Nagpal agreed that this lot is constrained and these owners need a two-story to be able to add on to this existing home, saying that a second story is not out of character with what is going in there recently. Commissioner Rodgers said that this neighborhood is still changing. Chair Garakani asked what kind of façade change the Commissioners would make. Commissioner Hunter asked how large the balcony is. Assistant Planner Ann Welsh replied that it comes out about six feet. Commissioner Nagpal suggested perhaps wrought iron instead of stone. Commissioner Hunter said that she liked it as it is. She added that they could pull back the balcony to make it less imposing. Reiterated that she wished that story poles had been installed. Assistant Planner Ann Welsh said that perhaps that issue needs to become some sort of policy. Chair Garakani asked if there would be stone on the wall. Commissioner Nagpal replied yes. Chair Garakani asked what color. Assistant Planner Ann Welsh replied pretty neutral. Commissioner Rodgers: • Pointed out that this is a half-acre lot and not much can be done to it. The setbacks have been reduced so the house appears larger. • Said this house is maxed out and it will look like a large house. • Stated that the house looks too large and appears bulky. Chair Garakani re-opened the Public Hearing for Agenda Item No. 1. Ms. Karen Bhatia, Owner and Applicant, 13228 Pierce Road, Saratoga: • Reminded that the total square footage of 4,552 square feet also includes the double counted stairway and living room space. Saratoga Planning Commission Minutes of June 23, 2004 Page 8 • Said that the current home is 2,200 square feet and they are adding 1,100 square feet upstairs or two rooms. • Stated that this is a small house when compared to others in the area. Commissioner Hunter asked if the footprint is the same except for the patio. Mr. Karen Bhatia replied yes. Director Tom Sullivan reported that per the Design Review Section of Code, the maximum size of floor area allowed would be 7,200 square feet. Chair Garakani: • Said that this is a constrained property as the owners cannot move toward the setbacks. • Pointed out that they are only adding two rooms with approximately 1,100 square feet. • Said that there is no issue here and any concerns can be mitigated with the planting of good trees. With that, the Bhatias will have their house and the City will have its views. Commissioner Rodgers expressed support for the idea of native trees, proposing that a big Oak tree be planted up front. Commissioner Nagpal suggested giving staff guidance to finalize tree placement. Motion: Upon motion of Commissioner Hunter, seconded by Commissioner Nagpal, the Planning Commission approved a Design Review request to construct a 1,739 square foot second floor addition to an existing 2,814 square foot single-story structure on property located at 13228 Pierce Road, with the following requirements: ƒ Plant a screening tree for the neighbor to the east, upon consultation with the neighbor to see if it is found to be necessary once framing of the second story addition has occurred; ƒ Provide landscaping along Pierce Road, using native trees; ƒ Require the use of attractive pavers for the driveway and paved area at the front of the property both for drainage and appearance; by the following roll call vote: AYES: Garakani, Hunter, Nagpal, Rodgers and Schallop, NOES: None ABSENT: Uhl and Zutshi ABSTAIN: None *** Commissioner Uhl arrived at 8:10 p.m. and joined the Commission at the dais following the conclusion of Agenda Item No. 1. PUBLIC HEARING - ITEM NO. 2 APPLICATION #04-034 (397-08-091) OVERLAND DEVELOPMENT, INC., 15145 Sobey Road: Request Design Review approval to construct a 26-foot high single-story structure on a vacant lot with Saratoga Planning Commission Minutes of June 23, 2004 Page 9 an average slope of 16%. The size of the home is 5,681 square feet with a 845 square foot basement. The lot size is 46,082 square feet and the parcel is zoned R-1-40,000. (ANN WELSH) Assistant Planner Ann Welsh presented the staff report as follows: • Advised that the applicant is seeking Design Review approval to construct on a vacant parcel. • Stated that the new single-story home is proposed at 26 feet in height and would include 5,681 square feet with an 845 square foot basement. • Described the lot as consisting of 46,082 square feet with access from Sobey Road through a 20- foot wide access easement. • Said that this project could be consistent with Design Review guidelines if conditions of approval are met. • Said that neighbor concerns include issues of proximity of the garage to an adjacent parcel and the access easement. Commissioner Hunter questioned the proposed placement of the house and garage at angles and asked for the reasoning behind that site design. Assistant Planner Ann Welsh deferred that question to the project architect but said that they probably don’t want to see the garage when they drive up to the house. Commissioner Hunter asked why not place the garage at the back of the house. Assistant Planner Ann Welsh replied that this would interfere with a future pool site. Commissioner Nagpal asked how many homes the access easement serves. Assistant Planner Ann Welsh replied that this issue was addressed for the previous subdivision. Reported that minutes from the public hearing consideration of the subdivision indicate that staff had recommended the widening of the paved portion of the access at the time of subdivision to 18 feet. The Planning Commission had recommended that it stay as it is, which is a 20 foot wide easement of which 14 feet is paved. Commissioner Nagpal asked if this easement is serving four lots, including this one. Assistant Planner Ann Welsh replied that it is a matter of interpretation. The front lot has about 90 percent of its driveway accessing directly from Sobey Road frontage. Three other lots use this easement and this would be the fourth lot to use it. Commissioner Nagpal asked clarification that a previous Planning Commission decided that the access easement served four lots and did not require widening. Assistant Planner Ann Welsh replied yes, correct. She added that a neighbor appealed this decision when it was made in 1983. However, Council upheld the Planning Commission’s decision. She reminded that the subdivision plan shows access from Sobey Road for that parcel. Commissioner Hunter asked what the grounds were for the appeal that occur in 1983. Saratoga Planning Commission Minutes of June 23, 2004 Page 10 Assistant Planner Ann Welsh replied there were a couple of issues including access for five lots and not four. Commissioner Rodgers asked who owns this access road. Assistant Planner Ann Welsh: • Advised that the access easement is 291 feet long and is owned by four different people. Mr. Coe owns a portion. Another person owns 20 feet, a third owns 200 feet and the fourth owns 50 feet. • Stated that the applicant for tonight’s project had a title report that states that they have access to the 20-foot wide easement. The final recorded map shows access to Sobey Road. Commissioner Nagpal asked if there is a copy of the restatement of right-of-way. Assistant Planner Ann Welsh said that final maps don’t usually have proposed building footprints on them. She added that the subdivision was approved based upon that access easement agreement. Director Tom Sullivan advised that within the City’s existing Subdivision Ordinance it is made clear that conceptual architecture is not approved. Commissioner Nagpal said that it is not the architecture but rather its placement on the site that is of concern. Assistant Planner Ann Welsh said that the original location was up high on the property. One neighbor would prefer that the house not be placed where it had originally been conceptually placed on the Tentative Map. Chair Garakani asked if there is room available for the enlargement of the access road. Assistant Planner Ann Welsh said that to do so would encroach on trees, etc. Chair Garakani asked again if it is possible to enlarge to 20 feet. Assistant Planner Ann Welsh replied that it would be difficult as it would require the okay from the four different property owners who would lose three feet of their property. Chair Garakani said that this is an issue that should be looked into. Commissioner Nagpal said that it could be looked at as part of Design Review. Assistant Planner Ann Welsh agreed that it could be made a condition of approval. However, she spoke with Public Works and Fire staff and it is not their policy to require widening in a pre-existing condition. The 14-foot wide paved access easement with two-foot shoulder is sufficient for fire access. Commissioner Nagpal asked if the authority to require expansion is available during the Design Review process. Director Tom Sullivan replied yes, the Commission could exact off-site improvements. Saratoga Planning Commission Minutes of June 23, 2004 Page 11 Commissioner Rodgers asked if the Commission could impose a condition that affected non-involved property owners. Director Tom Sullivan replied no, only on the owner before the Commission. Chair Garakani opened the Public Hearing for Agenda Item No. 2. Mr. Michael Davis, Project Designer: • Apologized to the Commission for missing the site visit as he was called into a meeting. • Said that the design and placement of the house minimizes the impact of grading of the site. • Explained that there is a 15-foot difference from the lowest to highest point with a 10-foot rise from the garage to the house. They are tucking the house into the hillside. • Added that building higher on the lot would equal a steeper slope. • Stated that they also wanted to keep the house away from the nearest neighbor. • Pointed out that the required setback on the east side is 20 feet. They have gone to 38 feet. • Said that they have staked out the home. • Said that the placement of the home allows fire truck turnaround on site. • Explained that the access easement serves Mr. Coe, his client and two other properties. • Stated that widening the access would require tree removal and that Fire is happy with what is there. • Reminded that there are not a lot of trip counts for this access easement. • Reported that the upper neighbors to the west, Dr. and Mrs. Johnson, are concerned if the house is raised up higher on the site. • Said that they are taking out few trees and will provide screening in consultation with the Johnsons. • Said that he personally spoke with five neighbors, four in person and one over the phone. Commissioner Hunter asked for an explanation on the footprint of the house and the garage being way up front near the Stocks’ property. Mr. Michael Davis replied that the placement is to limit grading. Placing elsewhere would cut into the hillside more. Commissioner Hunter pointed out that the garage would be seen from the neighbor’s deck. Chair Garakani asked what other problem would occur for neighbors if the house placement were to be moved. Mr. Michael Davis replied visual impacts. He said that they would extend the landscaping. Chair Garakani asked if Mr. Michael Davis has considered both neighbors’ concerns. Mr. Michael Davis said that they have considered neighbors’ concerns and met with these neighbors. He said that there would be an eight-foot landscape buffer. Additionally, if the house is placed higher up the lot, it looks higher while they are tucking the house into the site where it is located. Said that their home is a French-country style with a steeper roof pitch. Chair Garakani suggested that this particular parcel does not support that architectural style and asked if the applicant would be willing to change his architecture. Saratoga Planning Commission Minutes of June 23, 2004 Page 12 Commissioner Hunter asked if this home is for sale. Mr. Michael Davis replied yes, it is a spec home. He added that it is a stepped house with four levels to keep the house tucked in. There have been no neighbor concerns raised regarding height. Commissioner Nagpal asked if there would be geotechnical considerations if the house were moved further uphill. Mr. Michael Davis replied no, the site is good. Commissioner Nagpal asked Mr. Michael Davis if they had considered a two-story home with a smaller footprint. Mr. Michael Davis replied that this was considered to be out of the question for this site. Commissioner Rodgers asked if they had considered lowering the height of the structure. Mr. Michael Davis replied yes. Commissioner Rodgers asked why the client wants this specific style since they won’t live in this house. Mr. Michael Davis replied that this is the style that they like. Commissioner Uhl pointed out that they have made concessions on the setbacks so that it does not appear too close to the neighbor. Mr. Michael Davis reminded that where a 20-foot setback is required, they are proposing a 38-foot setback. Assistant Planner Ann Welsh pointed out that the front setback is 30 feet, the other side is 78.6 feet and the rear is 73 feet. Commissioner Hunter asked whether the circle in front of the house is required by Fire. Mr. Michael Davis said that it is one option acceptable to Fire, the other being a hammerhead. Commissioner Rodgers asked whether a hammerhead represents a smaller area than a circular drive. Mr. Michael Davis replied yes. Commissioner Rodgers asked about tree preservation. Mr. Michael Davis said that they lost one additional Oak tree when the moved the house eight feet further. He added that no pool area is proposed. Chair Garakani pointed out that sports court depicted on the site plan. Saratoga Planning Commission Minutes of June 23, 2004 Page 13 Mr. Michael Davis advised that they had to show what could be put in but that they don’t plan to actually put it in themselves. An eventual owner could pursue this. Mr. Tom Coe, 15217 Sobey Road, Saratoga: • Said that he and his wife, Norma, live on the northern boundary of the subject lot. • Said he submitted a letter. • Advised that they received the public hearing notices on June 14th. • Asked the Commission to postpone its decision. • Reported that the house number on the notice does not fit correctly in sequence with existing homes in the area and suggested that this proposal should be re-noticed as some neighbors are unaware of the proximity to their homes due to this confusing address. • Said that the major issue is that this project will result in the over-burdening of the right-of-way to Sobey. • Said that the subdivision was appealed to Council because the access serves four lots already. This is a violation of the Subdivision Ordinance to have an access easement serve more than four parcels. • Reported that the access is substandard right now. On trash day there is no place to put out cans. One more home would equal more cans. • Stated that this is not land locking this lot as there is an easement in place to Monte Vista. • Said that there are lots of issue and that he would like more time to prepare. Commissioner Hunter asked Mr. Tom Coe for his opinion of a one-story versus two-story home on this site. Mr. Tom Coe said that this is not an issue for him. The bulk of this house is like a two-story already and includes considerable attic space. Said that he can appreciate the architectural aspects of dormers but that he had not been allowed to incorporate them into his own home’s design a few years ago. Commissioner Rodgers asked Mr. Tom Coe for the height of his own home. Mr. Tom Coe said that his two-story home is 26 feet tall. He pointed out that the house size proposed for the subject lot during the time of subdivision was significantly smaller that the one currently under consideration. Mr. Larry Williams, 133 Glenridge Avenue, Saratoga: • Said that he is the property owner who bought this property three years ago with the clear understanding that he had an easement. • Stated that the neighbor, Mr. Coe, has caused problems with previous proposals. • Said that he original planned for a mega home but backed off from that to a 5,600 square foot home. • Pointed out that Mr. Coe was well aware of this pending project as he ran into the project superintendent several weeks ago and discussed the project with him. Ms. Shinku Sharma, 15211 Sobey Road, Saratoga: • Said that she moved here eight years ago and that the owner at that time explained the easement as being shared with three neighbors. • Said that four to five years ago, this subject lot went on sale. Saratoga Planning Commission Minutes of June 23, 2004 Page 14 • Said that when she received the public hearing notice, she went looking for 15145 Sobey Road and couldn’t find it. She was confused with the numbering and didn’t realize this property was so close to her property. • Said that she has had no time to look at plans and that no one approached her with the plans. • Expressed concern for traffic on the access easement and pointed out that she owns the largest portion of this easement. • Said that she would like to come back and address the issue of the easement. Assistant Planner Ann Welsh explained that there is typically no address for a vacant lot. When she searched the Assessor’s Parcel Map, the project site was labeled with the address 15145. Another address source had a different address. She said that to cover all bases, she had the project site posted. Suggested that if the project is to require re-noticing, perhaps both address could be included. Commissioner Nagpal asked if the old address is prior to subdivision. Assistant Planner Ann Welsh replied that she did not know. One informal map of addresses has one address and the Parcel Map has this address. Usually the corresponding address to the Assessor’s Parcel Number is used. It is the address used for the plans. Commissioner Hunter said that property owners who receive notices usually compare addresses to their own to see the proximity to their own homes. Ms. Barbara Stock, 15249 Sobey Road, Saratoga: • Stated that she has lived here for 39 years and that her property is immediately adjacent to this subject property. • Announced her objections as the garage entrance will face her rear property line with no room for a landscaping buffer. • Recommended rotating the garage by 90 degrees toward Sobey Road and the relocation of the main portion of the house by 12 feet. • Said that a 26-foot tall single-story house is not in keeping with the rest of the neighborhood and suggested a reduction in height by at least six feet. • Pointed out that the attic could be illegally converted into living space. • Said that this is a spec house. These people will leave the area but she would have to live with the consequences of this project for the rest of her life. Commissioner Hunter asked Ms. Barbara Stock for the height of her own home. Ms. Barbara Stock replied that she was not certain but that it is a single-story. Commissioner Hunter estimated that a typical height for a single-story home is about 18 feet. Mr. William Johnson, 18955 Monte Vista Drive, Saratoga: • Stated that he lives to the west of this lot. • Said that if the home is moved uphill, it would cut off their valley view. • Said that he has lived here for 50 years and has a lovely view. • Suggested that trees and landscaping be limited to 25 feet in height. • Pointed out that the site has very high weeds and asked that these weeds be disked. Saratoga Planning Commission Minutes of June 23, 2004 Page 15 Commissioner Hunter reported that the Fire Department sends out letters for such matters. Commissioner Nagpal asked Mr. William Johnson if he is open to the concept of access for this lot via Monte Vista. Mr. William Johnson said not from the private road but that from Monte Wood it would be okay. Mr. Michael Davis: • Reminded that the 1983 issue regarding access has already been addressed and that Fire is comfortable with site access through this easement access. • Stated that this issue has been put to rest already. • Reported that there is no easement on record from this lot to Monte Vista. • Said that this is the fourth lot to access the easement. • Stated that Planner Ann Welsh raised the issue of confusion about the address for the site and that they posted the site immediately when she asked them to do so. • Said that the neighbors saw the story poles in place. Commissioner Schallop asked Mr. Michael Davis if he had met with all of the neighbors who spoke this evening. Mr. Michael Davis said all but Mrs. Sharma. Chair Garakani asked when these conversations occurred. Mr. Michael Davis said prior to installation of the story poles. Chair Garakani asked Mr. Michael Davis if any contact occurred prior to submitting designs. Mr. Michael Davis replied no. Chair Garakani advised that the application process requires applicants to discuss their plans early with their neighbors prior to the submittal of plans. Director Tom Sullivan disagreed with that statement. Commissioner Hunter said that this requirement is often hard to accomplish. Commissioner Nagpal added that something has to be drawn up in order to have something to show. Mr. Michael Davis: • Said that they can bring a plan to neighbors but that the story poles give an idea of the bulk and proportion. • Said that he talked to Mr. Johnson just last week. • Reported that spinning the garage would put it closer to them at 30 feet instead of the proposed 38 feet as it is now. • Said that they could go seven feet higher uphill, keep the garage as it is and drop the roof pitch. Saratoga Planning Commission Minutes of June 23, 2004 Page 16 Commissioner Nagpal said that there have been a lot of comments today and asked Mr. Michael Davis if he is open to a continuance of this project. Mr. Michael Davis said that reaching a compromise today would be preferable. Chair Garakani closed the Public Hearing for Agenda Item No. 2. Commissioner Hunter said that she feels this item must be continued as the proposed house is very tall, close to the Stocks’ home and there are a number of issues to consider. Commissioner Rodgers pointed out that there are 34 names on the notice list and said that posting the site correctly is important. Commissioner Schallop replied that the notice is not improper and a continuance of this project is not required for noticing reasons. Said he would support a continuance if doing so would be productive. Commissioner Rodgers pointed out that she could not find the site when she went looking for it. Commissioner Hunter said that there are more issues than just the noticing. Commissioner Schallop said that the Commission must give instructions on what to do. Commissioner Hunter said that the story poles have only been up for five or six days and there are a number of reasons to support continuance. Chair Garakani said that he has an objection to the design, saying that the parcel should be able to support the design. This project is both wide and tall. The applicant could go with a two-story structure with a smaller footprint. The whole design is disturbing. Commissioner Uhl said that a lot of neighbor feedback has not yet been incorporated and that four of the six required findings cannot be made in his opinion. Commissioner Rodgers agreed. Commissioner Nagpal: • Agreed with Commissioner Uhl. • Suggested that the house be slide up the hill using a smaller footprint and two-story design and reconfigured garage. • Said that such a design would be more sensitive to trees, particularly Trees 3, 4 and 5, which are Oaks. • Stated that there is not enough information available on the access easement and some research should be done to see if there is an easement available to Monte Vista. • Said that she could see how a 14-foot wide driveway serving five homes is quite an issue. Commissioner Rodgers cautioned that the easement is a legal issue that may not be in the purview of the Planning Commission. Saratoga Planning Commission Minutes of June 23, 2004 Page 17 Director Tom Sullivan reported that the 1983 Council action was final. The next avenue available to the appellants was Court action, which was not pursued. Assistant Planner Ann Welsh reminded that the first home was interpreted as not using the easement for access since most of their own driveway was within the City’s right-of-way. Commissioner Schallop asked what options are being offered to the applicant. Chair Garakani replied the options include outright denial, which seems to be the direction the Commission is leaning toward if action is taken this evening, or continuing the application in order to work with the neighbors and City to work out design issues. Mr. Michael Davis asked if they would return for the next meeting. Director Tom Sullivan replied no. This item would have to be re-noticed and be worked into a future agenda. Mr. Michael Davis reminded that the Planning Commission and Council already granted approval of the Subdivision in 1983. Said that there is no concern that there is legal access to Sobey Road via this easement for this lot. Commissioner Schallop asked staff if the City Attorney could be consulted on this issue of the access easement. Director Tom Sullivan said that an interpretation can be obtained. Chair Garakani cautioned that this body should not judge on that issue. Mr. Larry Williams reminded that he purchased a property with a recorded easement. This is an improved lot for which he paid two million dollars. Reminded that the easement is a Title issue. Chair Garakani informed Mr. Larry Williams that the continuance is not based on the easement but rather on design issues. Chair Garakani re-closed the Public Hearing for Agenda Item No. 2. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Uhl, the Planning Commission continued consideration of a Design Review application to construct a 26-foot high single-story structure on a vacant lot with an average slope of 165 located at 15145 Sobey Road to a date uncertain with the following instructions: • That the project be re-noticed; • That the project be brought back to the next available meeting; • That the applicant meets with neighbors regarding design issues; • That a legal interpretation on the issue of the access easement be obtained by the City Attorney; • That the applicant consider the design comments made by the Planning Commission during this evening’s hearing; Saratoga Planning Commission Minutes of June 23, 2004 Page 18 • That a project incorporating a smaller footprint, perhaps a two-story, be considered; • That Trees 3, 4 and 5 be considered for preservation; • That the placement of the garage be reconsidered; and • That a detailed landscaping plan be prepared; by the following roll call vote: AYES: Garakani, Hunter, Nagpal, Rodgers, Schallop and Uhl NOES: None ABSENT: Zutshi ABSTAIN: None *** DIRECTOR’S ITEMS There were no Director’s Items. COMMISSION ITEMS Commissioner Uhl apologized to the Commission for being late for this evening’s meeting. COMMUNICATIONS Written City Council Minutes from Regular Meeting on June 2, 2004 and Special Meeting on June 9, 2004. There were no Communications Items. Miscellaneous Information Director Tom Sullivan advised that a meeting with the Chamber of Commerce was held, the first meeting for the re-writing of the Sign Ordinance. Chair Garakani advised that he would be out for the July 28th meeting as would Commissioner Rodgers. Commissioner Uhl and Schallop both advised that they would be out for the July 14th meeting. ADJOURNMENT TO NEXT MEETING Upon motion of Commissioner Hunter, seconded by Commissioner Schallop, Chair Garakani adjourned the meeting at 9:50 p.m. to the next Regular Planning Commission meeting of July 14, 2004, at 7:00 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk