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HomeMy WebLinkAbout02-26-2003 Planning Commission Minutes MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, February 26, 2003 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Chair Jackman called the meeting to order at 7:01 p.m. ROLL CALL Present: Commissioners Garakani, Hunter, Jackman, Kurasch, Roupe and Zutshi Absent: Commissioner Barry Staff: Director Tom Sullivan, Associate Planner John Livingstone, Planner Lata Vasudevan and Planner Christine Oosterhous PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES – Regular Meeting of February 12, 2003. Motion: Upon motion of Commissioner Hunter, seconded by Commissioner Roupe, the regular Planning Commission minutes of February 12, 2003, were approved as submitted. AYES: Garakani, Hunter, Jackman, Roupe and Zutshi NOES: None ABSENT: Barry ABSTAIN: Kurasch 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 February 20, 2003. REPORT OF APPEAL RIGHTS Chair Jackman 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). Saratoga Planning Commission Minutes of February 26, 2003 Page 2 CONSENT CALENDAR – ITEM NO. 1 ADOPTION OF RESOLUTION IN REGARDS TO APPLICATION #02-269 (397-22-051) – CUTLER, 14480 OAK PLACE: Request for Variances to allow an existing 190-foot section of wall to be in excess of the City Code maximum 6-feet in the side yard setback and to remain 7-feet 6-inches, for a 56-foot section of fence in the front yard setback to exceed the City Code maximum of 3-feet to be allowed to be constructed 6-feet tall and a 25-foot section of fence in the front yard setback to exceed the City Code maximum of 3-feet to be allowed to be constructed 6-feet tall. (SULLIVAN) Motion: Upon motion of Commissioner Roupe, seconded by Commissioner Garakani, the Planning Commission adopted the Resolution prepared for Application #02-269 denying two of three fencing height Variances requested for property located at 14480 Oak Place, by the following roll call vote: AYES: Garakani, Hunter, Jackman, Kurasch, Roupe and Zutshi NOES: None ABSENT: Barry ABSTAIN: None *** Chair Jackman advised that she would recuse herself from both Item 2 and Item 3 as she resides within the notification area for both items. Chair Jackman left the dais to sit in the audience, turning the gavel over to Commissioner Kurasch to serve as Chair for the hearing of those two items. PUBLIC HEARING - ITEM NO. 2 APPLICATION #02-192 (503-24-064) – LEE, 14493 Big Basin Way (Saratoga Cleaners): Request for Design Review Approval to construct an addition of an 875 square foot commercial tenant space at the first floor level, a 620 square foot 3-car garage and a 1,512 square foot apartment at the second floor level of an existing 2-story structure located in the CH-1 zone. Two hundred and eight (208) square feet of the existing commercial space (Saratoga Cleaners) will be eliminated to accommodate the attached 3-car garage. However, the applicant also proposes to add 52 square feet to the Cleaners by extending the rear laundry/utility area. The existing 3,380 square foot structure consists entirely of commercial space at the first floor, a carport and two apartment units at the second floor. The 4,277 square foot site is located in Parking District No. 3. (VASUDEVAN) (CONTINUED FROM JANUARY 8, 2003) Planner Lata Vasudevan provided the staff report as follows: • Advised that the Commission originally reviewed this proposal at its January 22, 2003, meeting at which time the Commission requested design revisions per the Village Design Guidelines. • Reminded that the Commission conducted a Study Session on February 12, 2003, and the new design provided by the applicant was overall favorably received. • Described the proposal as including a 879 square foot commercial tenant space, a 620 square foot three-car garage and a 1,377 square foot apartment on the second floor of an existing two-story building. • Said that the building will include a beige façade with canvass awnings. The building addition has been set back 7.5 feet from the existing façade to allow a low landscape planter to be installed. Saratoga Planning Commission Minutes of February 26, 2003 Page 3 • Suggested that the Commission may want to discuss a condition of approval regarding the placement of the awnings, requiring that any applicable encroachment permits be obtained for any overhang over the public right-of-way. • Stated that a landscape plan has been submitted. The six-foot high wrought iron gate has been set further back from the property line with a small planter to be located in front of the cleaners. • Recommended approval with conditions. Commissioner Roupe pointed out the condition requiring maintenance of landscaping and queried whether a similar requirement is warranted for the maintenance of the awnings. Director Tom Sullivan replied sure. Planner Lata Vasudevan said that this requirement could be added to the conditions of approval. Commissioner Zutshi asked if the three extra parking spaces are part of the conditions. Planner Lata Vasudevan replied yes. Two conditions address that requirement. Commissioner Kurasch asked if the condition for any necessary encroachment permits is already included or has to be added. Planner Lata Vasudevan replied that the Commission needs to add such a condition. Commissioner Hunter asked for clarification on the maintenance of awnings and pointed out that there are lots of sad looking awnings. Commissioner Roupe said that the maintenance standard is up to City compliance. Director Tom Sullivan elaborated that if they are torn, they should be repaired or replaced. Pointed out that nowadays these awnings do not fade as quickly and that typically business owners want their businesses to look sharp. Maintenance concerns would generally be any rips or tears on the awnings. Acting Chair Kurasch opened the Public Hearing for Agenda Item No. 2 at 7:12 p.m. Mr. Warren Heid, Project Architect, 14630 Big Basin Way, Saratoga: • Said that he is happy to be here and thanked the Commission for its time and effort. • Advised that San Jose City Awning Company will supply the awnings. The color of these awnings is colorfast and guaranteed for 10 years. • Assured that if the awnings have to be replaced, they will be replaced. • Stated that the wall, trim and cornice colors will be in harmony with the color of the limestone, practically what is on the building right now. • Said that they would secure any required encroachment permits. • Made himself available for questions. Commissioner Hunter: • Said that she has heard that this may be Mr. Heid’s last building in town. Saratoga Planning Commission Minutes of February 26, 2003 Page 4 • Expressed appreciation to Mr. Heid for all that he has done for the town over the years and how he has worked with the Planning Commission on this and many other projects. • Stated that Mr. Heid will be missed. Mr. Warren Heid replied that he is trying to shut down after 45 years and thanked Commissioner Hunter for her kind comments. Acting Chair Kurasch closed the Public Hearing for Agenda Item No. 2 at 7:18 p.m. Commissioner Roupe pointed out that the applicant has responded quite nicely to the comments made at the Study Session and that this revised proposal is an improvement over the first submittal. Stated that he now has no reservations and feels that this would be a great addition to the downtown area. Commissioner Zutshi said that Mr. Heid did a wonderful job moving the building and gate back to allow some landscaping. Commissioner Garakani said that this is a good project. Commissioner Hunter said it looks great and will be a real asset to the Village. Acting Chair Kurasch agreed and said that the revisions offer a significant improvement. Stated that this will be good for the downtown. Motion: Upon motion of Commissioner Roupe, seconded by Commissioner Zutshi, the Planning Commission granted Design Review Approval (Application #02-192) to allow the construction of an addition to an existing commercial building on property located at 14493 Big Basin Way, with the following additional conditions of approval: • That the applicant obtain any necessary encroachment permits for awnings and/or overhangs; and • That the awnings be maintained in an appropriate manner, by the following roll call vote: AYES: Garakani, Hunter, Kurasch, Roupe and Zutshi NOES: None ABSENT: Barry ABSTAIN: Jackman Commissioner Hunter stated that Mr. Lee has been delightful to work with and is an asset to the community. *** PUBLIC HEARING – ITEM NO. 3 Saratoga Planning Commission Minutes of February 26, 2003 Page 5 APPLICATION #02-279 (517-09-069) – SARATOGA WINE MERCHANGES, “UNCORKED,” 14500 Big Basin Way: Request for Conditional Use Permit approval to allow the sale of alcoholic beverages in a proposed new retail wine store. The store will be located in an existing 1,450 square foot vacant tenant space. The site is located in a Commercial Zoning District. (LIVINGSTONE) Associate Planner John Livingstone presented the staff report as follows: • Informed that the applicants are seeking a Conditional Use Permit to allow the sale of alcoholic beverages within a new retail wine store in an existing 1,400 square foot tenant space located in a Commercial Zoning District. • Described the new store as an upscale wine and gourmet gift shop. The wines are unique and high quality as well as wine-related products. There will be sale of wine and wine tasting. Approximately 90 percent of the revenue will be from wine sales. • Said that the business would be managed by its three partners offering a high level of expertise on the subject of wine. • Said that such a business requires a Conditional Use Permit. The Use Permit process allows the Planning Commission the opportunity to impose conditions on a project to ensure that it is compatible with adjacent land uses. • Advised that staff finds this proposed business to be an appropriate use for this tenant space and consistent with the General Plan. • Stated that the required findings can be made in that the business is appropriately located; promotes a stable and attractive environment; will not be detrimental to the health, safety and welfare of the community; and will comply with all applicable provisions of the Municipal Code. • Recommended approval. • Advised that typically a project approval is not final for 15 days but, under Section 15.55.080 of the Municipal Code, a Conditional Use Permit becomes effective 10 days following approval. • Said that the applicants are available this evening. Commissioner Roupe asked if the hours of operation are confirmed and if it is appropriate to make hours of operation a condition of approval. Associate Planner John Livingstone said that the Commission can certainly make specific hours of operation a condition of approval. Acting Chair Kurasch asked if it is fair to do so. Commissioner Roupe said he wanted to be sure that it is possible to do so. Acting Chair Kurasch asked Associate Planner John Livingstone what his recommendation is for operational hours. Associate Planner John Livingstone said that the City would like to see hours beyond 5 p.m. and that 10 p.m. would be the far side of the envelope. Added that the applicant has said that 10 p.m. is the latest that they want to stay open. Acting Chair Kurasch opened the Public Hearing for Agenda Item No. 3 at 7:30 p.m. Mr. Patrick Roper, Applicant: • Introduced partner, Sherry Hansen. Saratoga Planning Commission Minutes of February 26, 2003 Page 6 • Said that they are targeting the $15 to $25 bottle of wine. • Said that he has three years of experience in retail wine sales in Willow Glen. • Stated that the Saratoga community is a good fit and that they like the energy here. • Advised that they have spoken with restaurants and business owners in the Village. • Added that they plan to be a destination business. Ms. Sherry Hansen, Applicant: • Said that they have spoken with local business owners to see if they support their coming into town. • Advised that help has been offered in marketing and friendship. • Declared that they believe that they have come to a place where they can stay. • Provided a break down in the uses of their space with 7 percent for tasting, 50 percent for retail and the remainder to include storage, a restroom and office. • Stressed that their business primarily is retail. Commissioner Zutshi questioned the amount of wine given during tasting. Mr. Patrick Roper said that they have a Type 42 ABC license, which permits a four-ounce pour. Commissioner Garakani asked how many pours one person could take. Mr. Patrick Roper: • Said that they monitor pretty closely with no more than four tastes or pours. • Assured that this is not a bar and that tasting is just for education on what the different wines taste like. Acting Chair Kurasch asked how the tasting is policed. Ms. Sherry Hansen replied that ABC has protocols. Commissioner Garakani asked if there is any possibility that a customer could become intoxicated through the tasting process. Mr. Patrick Roper said he has not seen that occur in his three years in the retail wine business. Commissioner Garakani pointed out that the tenant improvements are already underway and questioned whether the applicants are under the impression that they already have Use Permit approval. Mr. Patrick Roper replied no. Added that they took a calculated risk in beginning construction two months ago. Advised that if they did not commit themselves to obtain their required licensing, they would fall behind in the process. Ms. Sherry Hansen added that they are simply being optimistic. Commissioner Roupe asked if the applicants object to a restriction in hours to 10 p.m. Ms. Sherry Hansen replied no problem. Saratoga Planning Commission Minutes of February 26, 2003 Page 7 Acting Chair Kurasch asked if any exterior modifications were proposed. Mr. Patrick Roper replied no. Commissioner Roupe asked about signage. Mr. Patrick Roper said that they will install signage that falls within the limits of the City guidelines. Ms. Sherry Hansen pointed out that signage is included within the conditions. Acting Chair Kurasch closed the Public Hearing for Agenda Item No. 3 at 7:35 p.m. Commissioner Hunter: • Informed that she has been attending the Business Development Meetings and has learned a lot about what is needed in Downtown Saratoga. • Said that this business would be a nice addition to the Downtown. • Stated that there may be some overlap but still this is nice. • Said that she is very pleased with this project and has no problem with the hours to 10 p.m. • Pointed out that it is important to have businesses stay open later. Commissioner Roupe: • Agreed that this is a good project and consistent subject to limitations on operational hours. • Said that there is an objective to have retail on Big Basin Way. • Stated that this business will be a good addition and that he can support its approval. Commissioner Garakani: • Expressed that he has mixed feelings. • Declared that alcohol is a drug, albeit a legal one. • Said that he has no objection with the sale of alcohol but does object to on-site tasting, which makes this business more like a bar. • Pointed out that alcohol is a hazard to public health. • Said that the use of alcohol is best done at home. • Reiterated that he could not support the on-site tasting. Acting Chair Kurasch asked staff how the public’s welfare is defined. Associate Planner John Livingstone said that this use is within the legal requirements of State law. Acting Chair Kurasch asked what restricts the number of tastes per customer. Director Tom Sullivan said that the ABC license varies for on sale and off sale. There are a host of different licenses with different regulations, including limiting the number of tastes in a business such as this one. Associate Planner John Livingstone added that laws prohibit the owners for allowing intoxication to occur. If a customer arrives intoxicated, the owner can deny any tasting. Saratoga Planning Commission Minutes of February 26, 2003 Page 8 Acting Chair Kurasch reiterated that the business owner could elect to serve or not serve. Commissioner Roupe reminded that there are “host” laws and that these business owners have a legal and financial liability not to allow intoxication. Commissioner Zutshi agreed that it would not be good marketing for people to be seen leaving this business drunk. Commissioner Garakani: • Described his daily job as requiring much in preventive action. • Said that he likes the City to be clean. • Stated that he had asked the applicant how many different wines they would sell and was told there would be about 200 different ones. Commissioner Zutshi pointed out that anyone looking to get drunk could simply do so at a nearby restaurant. Acting Chair Kurasch questioned the need for later hours for wine tasting. Commissioner Hunter pointed out that the tasting is required in order to sell the wine. People need to be able to taste the wine they are going to buy. Commissioner Garakani said that many other places sell alcohol without tasting. Commissioner Hunter declared that this business would be a wonderful asset to the community. Commissioner Zutshi agreed that tasting is a form of marketing, much like in the food court. Commissioner Garakani stressed that the idea of even one person getting into an accident following tasting is of concern to him. Associate Planner John Livingstone advised that not all wine tasters swallow the wine they are tasting but rather more often will spit it out, eat a cracker and taste something else. Commissioner Garakani stressed that any possibility of intoxication is of concern to him. Commissioner Hunter stated that wine consumption is part of many cultures. Acting Chair Kurasch: • Said that considering the impacts of the wine tasting on the community is a fair question. • Added that three three-ounce pours would equal nine ounces. It has been stated that eight ounces of alcohol is enough to generate intoxication. • Said that she is interested in pursing limitations on the hours for wine tasting. Commissioner Hunter said that it is essential to allow tasting. Commissioner Roupe agreed that the tasting is part of the marketing of the wines and that limitations on the hours are not necessary beyond the 10 p.m. proposed in the conditions of approval. Saratoga Planning Commission Minutes of February 26, 2003 Page 9 Commissioner Hunter added that there may be occasions when tasting should be allowed later, perhaps 11 p.m., on a Saturday night or before holidays. Commissioner Roupe said that the applicants could come back for extensions in time in the future. Commissioner Garakani stressed that he cannot support the tasting aspect of this business at all. Acting Chair Kurasch asked Commissioner Garakani about his position on limiting hours. Commissioner Garakani said he planned to abstain on the vote for this application but agreed with the concept to limit tasting to before 6 p.m., if at all. Added that he loves olives and would consider patronizing this store for the purchase of olives. Motion: Commissioner Hunter made the motion recommending that the Planning Commission approve a Conditional Use Permit to allow the sale of alcoholic beverages in a proposed new wine store (Uncorked) on property located at 14500 Big Basin Way, without any changes to the conditions. Motion died for lack of a second. Motion: Upon motion of Commissioner Roupe, seconded by Commissioner Zutshi, the Planning Commission approved a Conditional Use Permit to allow the sale of alcoholic beverages in a proposed new wine store (Uncorked) on property located at 14500 Big Basin Way, with the hours of operation to be no later than 10 p.m., by the following roll call vote: AYES: Hunter, Kurasch, Roupe and Zutshi NOES: None ABSENT: Barry ABSTAIN: Garakani and Jackman Acting Chair Kurasch reminded that there is a 10-day appeal period for this item. Chair Jackman returned to the dais at 7:55 p.m. and assumed the gavel. *** PUBLIC HEARING – ITEM NO. 4 APPLICATION #02-096 (APN 510-06-006) – LEU/SPITTS, 1933 Saratoga-Los Gatos Road: Request for Design Review Approval to construct first and second story additions and a basement to an existing two-story residence. The total floor area of the proposed two-story residence and attached three-car garage is 6,843 square feet. The maximum height of the proposed residence is 26 feet. The lot size is approximately 143,748 square feet and the site is zoned R-1-40,000. (OOSTERHOUS) Planner Christine Oosterhous presented the staff report as follows: • Advised that the applicant is seeking Design Review Approval for a first and second story addition to an existing two-story residence with a total floor area of approximately 6,800 square feet. The Saratoga Planning Commission Minutes of February 26, 2003 Page 10 first floor will consist of 4,200 square feet and the second floor 2,600 square feet. The home has an existing 534 square foot basement. The maximum height would be 26 feet. The property consists of approximately 150,000 square feet. • Described the home as a Spanish Mission style with stucco and a tile roof. • Said that the Arborist has recommended the removal of Tree #13, which is a Monterey Pine. This tree would be replaced with four 36-inch box trees. • Advised that there are comments in the report from a neighbor regarding tree removal. • Recommended approval. Commissioner Garakani asked how much space there is from the garage door to the end of the driveway. Commissioner Roupe said that the residents would have to back out onto the circular drive as there is no hammerhead on which to turn around. Commissioner Kurasch pointed out the potential for root damage due to disking weeds and the recommendation for the placement of four inches of mulch chips to prevent the need for disking. However, since the damage was not a part of construction but rather site maintenance, this has not be inserted into the conditions of approval. Asked staff if it is appropriate to add this suggestion into the conditions. Planner Christine Oosterhous said that she believed the applicant would be willing to comply with that requirement. Chair Jackman opened the Public Hearing for Agenda Item No. 4 at 8:02 p.m. Mr. Louie Leu, Project Architect: • Said that this second story addition is on an existing two-story home and that the existing footprint is retained. • Added that mature landscaping on the site mitigates potential privacy impacts. • Stated his agreement with the conditions of approval. • Assured that they will follow the Arborist’s recommendation to remove Tree #13 and will replace it with four trees. • Added that they do not want the neighbor to dictate what the replacement trees would be but would be willing to consult with them. • Said that the property owner is present and that this is a fairly easy house addition to approve. Commissioner Hunter asked if the applicant is considering redwood trees. Mr. Louie Leu replied yes. He added that the backup space is 27 feet while typically a backup space is 24 feet. Commissioner Zutshi asked about the curved retaining wall depicted on Plan Sheet A-1.2. Mr. Louie Leu said that it was designed curved in an attempt to save the tree. However, since the tree must be removed, they will likely change the shape of the retaining wall. Commissioner Kurasch: Saratoga Planning Commission Minutes of February 26, 2003 Page 11 • Stated that she would like to propose two additional conditions of approval. • Pointed out that Tree #18 (Italian Stone Pine) is ranked as a specimen tree per the Arborist and is in exceptional condition. • Added that it is essential that that tree be protected and that construction staging not occur near that tree. • Suggested that a condition be imposed requiring a pre-construction meeting on site between the contractor, owner, project planner and the Arborist to make the decision on placement of protective fencing to protect this tree. • Additionally, suggested that a landscape plan for the area around the house should be approved and reviewed by the Arborist before grading occurs. Mr. Louie Leu: • Pointed out that Tree #18 is located on the other side of the property but that he has no problem with a condition to ensure the health of that tree during construction. • Added that the site is large and that there is plenty of room for construction staging. • Said that as for the proposed landscape plan, they have no plans to do any landscaping. The site has been in a natural state for quite a while and that the existing landscaping conditions will remain. Commissioner Kurasch asked if there is a condition requiring additional landscaping. Director Tom Sullivan replied that for the record the applicant can document what is there now, a natural non-intrusive landscape in front. Commissioner Kurasch said that there is potential conflict if trenching is done anywhere near the trees. Director Tom Sullivan said that there can be a condition that no trenching occur. Commissioner Kurasch stated that landscaping is important. Commissioner Hunter said that the retention of natural landscaping is nice. Mr. Louie Leu said that there would be some irrigation for the new trees in front. Commissioner Kurasch asked Mr. Leu if he has any objection to putting the irrigation plans down on the construction plans. Mr. Louie Leu said that they did not want to have to hire a landscape architect simply to show the addition of four trees. Director Tom Sullivan stated that he is confident that this architect can handle this plan. Suggested surface installed drip irrigation to help the trees establish themselves on site. Chair Jackman closed the Public Hearing for Agenda Item No. 4 at 8:13 p.m. Chair Jackman said that this is a good and complete plan and the site has established landscaping. Asked how disking is handled. Saratoga Planning Commission Minutes of February 26, 2003 Page 12 Chair Jackman reopened the Public Hearing for Agenda Item No. 4 to allow the property owner the opportunity to respond. Mr. Steve Spitts, Property Owner, said that he did not notice the comments regarding root damage to existing trees. Chair Jackman pointed out that it was simply a general comment on the potential of damage as a result of disking as opposed to actual damage being found. Mr. Steve Spitts said that disking is a secondary occupation for him. Chair Jackman reiterated that the Arborist has stated that disking damages roots and that mulching is better than disking. However, this is not an issue for the plans for this house. Mr. Steve Spitts said that he was a gardener for the first four years he lived on the site and heavily mulched the property. The soil is very healthy and well mulched. Commissioner Kurasch said that it is not unusual to condition tree preservation measures as part of a project review. The Commission is interested in Ordinance protected trees. Suggested that Mr. Spitts read the Arborist report as it is illuminating. Mr. Steve Spitts pointed out that disking is a requirement of the Fire Department. Commissioner Roupe said that the issue of disking beneath the oak is a broader issue than this one specific project, perhaps under the discussion of the Tree Ordinance. Director Tom Sullivan said that it would be better if a public educational program is prepared that offers alternatives for both large and small properties. Chair Jackman said that this is a fine and exceptional specimen and should not be disked around. Mr. Steve Spitts said that the disking around those trees is done by hand each year and reminded that the Stone Pine is not on his property. Chair Jackman said that the trees most of concern are those around the driveway. Chair Jackman reclosed the Public Hearing for Agenda Item No. 4 at 8:22 p.m. Commissioner Kurasch: • Expressed her strong preference to require a pre-construction meeting to discuss required construction fencing before construction begins. • Said that the landscape note or plan by the architect should be added to the construction drawings. • Agreed that this project has been very well done and that the house is very nice and the property lovely. Commissioner Roupe agreed that this is a beautiful property. Saratoga Planning Commission Minutes of February 26, 2003 Page 13 Director Tom Sullivan pointed out page 8, condition 21, that mandates that all recommendations in the City Arborist’s report shall be incorporated into the plan. Said that checking this before the start of construction is the norm. Commissioner Garakani said that the house is very good and found it interesting that the health of this tree generated a more lengthy discussion than the potential health of human beings as a result of the previous agenda item. Commissioner Roupe concurred with the applicant that Tree #13 should be removed per the Arborist’s recommendation. Accepted both the Arborist’s recommendation and the desire of the applicant to remove that tree. Chair Jackman pointed out that there are no privacy issues as a result of this proposal. Commissioner Hunter said that this is a nice project. Go for it. Enjoy. Motion: Upon motion of Commissioner Kurasch, seconded by Commissioner Roupe, the Planning Commission granted a Design Review Approval (Application #02-096) to allow the construction of a first and second story additions and a basement to an existing two-story residence on property located at 19330 Saratoga-Los Gatos Road with the added conditions to require that a landscape plan note be added by the architect to the plans depicting the location of existing vegetation and any proposed irrigation, by the following roll call vote: AYES: Garakani, Hunter, Jackman, Kurasch, Roupe and Zutshi NOES: None ABSENT: Barry ABSTAIN: None *** PUBLIC HEARING – ITEM NO. 5 APPLICATION #02-272 (APN 397-23-007) – BIERACH, 20355 Orchard Road: Request for Design Review Approval to construct first and second story additions to an existing one-story residence. The total floor area of the proposed two-story residence is 2,283 square feet. The maximum height of the proposed residence is 21 feet, 6 inches. The lot size is approximately 7,3000 square feet and the site is zoned R-1-10,000. (OOSTERHOUS) Planner Christine Oosterhous presented the staff report as follows: • Informed that the applicant is seeking Design Review Approval for a first and second story addition to an existing single-family residence. • Said that the added space is proposed for the rear of the property for a total floor area of 2,700 square feet. The first floor would total 2,100 square feet and the second floor 600 square feet. The maximum height would be 21 feet. • Described the lot as 7,300 square feet in an R-1-10,000 zoning district. There are several parcels in the area that are non-conforming in width and depth. Additionally, there is a mixture of one and two-story homes and architectural styles vary. Saratoga Planning Commission Minutes of February 26, 2003 Page 14 • Said that horizontal and vertical wood siding would be used, board and batten and stucco. There is a brick fireplace. The covered front porch is to remain. Materials for the addition will reflect the existing materials. • Stated that the proposal conforms to Design Review requirements and recommended approval. Commissioner Hunter said that she saw the story poles today and realized that the structure is visible from a heritage lane and would be the only two-story visible from this heritage lane. Pointed out that there was no mention made of the fact of the heritage lane within the staff report. Planner Christine Oosterhous said that technically the heritage lane ends at the 1400 block. Additionally, staff did not find the design offensive to a heritage lane. Director Tom Sullivan elaborated that staff pulled the 1991 staff report that went to Council when the heritage lane was designated and that the specific address in the 1400 block marked the start of the heritage lane. Chair Jackman said she looked again today and noticed that across the street there is an apartment building with garage below, resulting in a two-story structure. Commissioner Hunter reiterated concern over the fact that the issue of the heritage lane was never even mentioned in the staff report. Commissioner Kurasch asked whether the heritage lane would trigger Heritage Commission review. Commissioner Hunter said that the heritage lane designation means the road will always remain a two- lane road. Commissioner Roupe said that it has been determined that the heritage lane ends at the 1400 block and therefore this property is not included. Commissioner Kurasch said that every elevation has different window treatments. Additionally, shutters are used on one side but not the other. Stressed the need for some consistency and continuity. Asked staff if they have any issue with that fact. Planner Christine Oosterhous said that she has no issue. Commissioner Kurasch said she noticed these inconsistencies quite a bit. Asked for a color board. Planner Christine Oosterhous said that as this is simply an addition, it will match the existing materials. The addition will be stucco. Chair Jackman opened the Public Hearing for Agenda Item No. 5 at 8:37 p.m. Mr. Kirk Bierach, Owner/Applicant, 20355 Orchard Road, Saratoga: • Said that he has resided on the property for nine years and has three boys in Saratoga schools. • Stated that his goal is to preserve the existing structure while enhancing the property to gain needed living space. • Said that the main structure has casement wooden sash windows. Saratoga Planning Commission Minutes of February 26, 2003 Page 15 • Said that the addition will add to the Craftsman style of the neighborhood, including use of shutters. • Said that two windows on the left side are single hung and that there was no space available on which to mount shutters. • Said he is open to not installing shutters at all or to add shutters in back and have the style match all around the house. • Stated that he is not looking to change the main existing house. • Pointed out that there are two-story homes in the area. • Added that theirs is a reverse non-conforming lot and stated that they worked with the Design Guidelines regarding height, size and setbacks. They also worked with the neighbors. • Stated he was available for any questions. Chair Jackman said that the windows used should be uniform and that there are too many shutters on the left side. Mr. Kirk Bierach agreed that some could be removed and that he was open to that possibility. Commissioner Hunter said that shutters make it more pleasing. Mr. Kirk Bierach said that this is a difficult site to work with and that they have tried to preserve what is there and enhance features. Said that he wants this home to be found attractive and not a nuisance. Commissioner Hunter asked if there is any way to reduce the second story. Mr. Kirk Bierach said that they have already reduced the home from their original concept. The home has been shrunk down as far as it can be and still provide enough bedrooms for everyone in the family. Commissioner Kurasch: • Expressed concern for maxed out properties and said that the solution is sometimes a reduction in size or configuration. • Said that the project is at maximum allowable and that she has particular concern with the right side. • Suggested the reduction of the second story. • Stated the concern is the size and where the property is located. Mr. Kirk Bierach said that the maximum allowed is 2,880 with height restrictions imposed and said that he has tried to work within guidelines. This is a modest home relative to others in Saratoga. Commissioner Hunter suggested a reduction in height by one or two feet. Chair Jackman pointed out that the total height is only 21 feet, 6 inches, which is somewhat minimal for a two-story. Commissioner Roupe expressed concern that if too low, the home would end up with a flat roof. Commissioner Hunter said she is concerned about what is viewed of the second story from Saratoga Avenue. Said that she is unable to support this project due to that fact. Saratoga Planning Commission Minutes of February 26, 2003 Page 16 Chair Jackman said that the Commission cannot deny a second-story since one is already on the other side of the street. Mr. Kirk Bierach said he grew up in Saratoga and plans to stay here a long time. They have a big family and they want to make the best of what they have. Assured that their addition would enhance Saratoga. Ms. Karen Bierach said that their family of five, including three boys, are living in just two bedrooms right now. They need more space and want a bedroom for each boy. Chair Jackman asked if a basement had been considered. Mr. Kirk Bierach said that the water level on their property prevents that from being an option. Planner Christine Oosterhous suggested that screening trees could be used to screen the second story from view from Saratoga Avenue. Chair Jackman closed the Public Hearing for Agenda Item No. 5 at 8:52 p.m. Commissioner Roupe agreed that this may be a large structure for the site but said that this property is not on a heritage lane as defined in the Ordinance. Director Tom Sullivan said that the boundary map for the heritage lane clearly shows that this is not part of it. Commissioner Roupe: • Said that the proposal is an improvement over what is there now and that more imposing structures are across the street, which are not as architecturally pleasing. • Said he would support with conditions and that issues such as shutters versus no shutters need to be worked out. • Stated that this is a small two-story structure on a small non-conforming lot that does the best to meet the applicant’s needs as well as the guidelines of the City. • Declared that this is a good project. Commissioner Zutshi agreed with Commissioner Roupe and said that this is a rather modest addition to the property. Suggested use of uniform windows and shutters in the front. Said that 600 feet on the top is not a big addition. Chair Jackman said that there are not a lot of options to maintain a large family and how the get that family comfortable on this lot. Commissioner Kurasch: • Said that this is a small exposed lot and that there would be a large two-story wall on the right side rear that lends itself to a plainer look. • Said that some continuity needs to be pulled together so that all sides flow together. • Suggested that this project be brought back. • Reiterated that she does not support maximum sized homes, especially on small lots. Saratoga Planning Commission Minutes of February 26, 2003 Page 17 • Said that she agrees with Commissioner Hunter that this is imposing where it is and that the problems can be solved with articulation and shrinkage. • Said that while she likes where it is starting and the way it is going, the design is not quite there yet. Chair Jackman said that most of the second story is at the back and centered. Planner Christine Oosterhous said that it is set back from the Saratoga Avenue side. Commissioner Roupe: • Said that the people to the right are uphill and are separated by a large unbuildable space and landscaping. • Agreed that the backside neighbor would look at a big blank wall. • Reminded that the applicant took out windows from that wall that would have looked out over the neighboring property. • Said that the back end is what would be most obtrusive. Chair Jackman asked what the articulation is on the left side. Planner Christine Oosterhous replied seven feet. Director Tom Sullivan suggested that a false window, trimmed out with fenestration but no window, could be added so that this does not appear to be a blank wall. Commissioner Roupe suggested a real window be installed but with obscured glass to assure privacy. Commissioner Kurasch said that the issue is the small lot with a large home and that the conditions of this specific property must be looked at. Agreed with the concerns expressed by Commissioner Hunter regarding the visibility of the second story from Saratoga Avenue. Commissioner Garakani: • Stated that this is a sensitive site. • Suggested that the Commission go back and visit the site again and come up with good suggestions for the applicant, who needs space for his three kids. • Said that a plan can be developed that will satisfy the applicant and the citizens of Saratoga. Commissioner Roupe asked if a Study Session is being proposed. Commissioner Garakani said that he would be willing to participate in a Study Session. Commissioner Kurasch suggested that the applicant come back with a redesign. Commissioner Roupe said that more guidance is needed. Chair Jackman said she thought that sufficient guidance could be provided this evening. Commissioner Kurasch said that no consensus is being heard. Saratoga Planning Commission Minutes of February 26, 2003 Page 18 Commissioner Hunter said that she appreciates the suggestion to revisit the site and would like to do so. Said that right now she has a problem with the proposal. Chair Jackman said that the second story may have to be decreased. Commissioner Garakani said that the site should be revisited and that this project deserves more time and that he does not want to see a rush to approve. Commissioner Kurasch questioned whom on the Commission believes the project can go forward to a vote this evening. Commissioner Hunter suggested a straw vote to see the preferences of the Commission between an approval tonight with changes in architectural treatments versus revisiting the site and conducting a Study Session to help reduce the proposal. Commissioners Kurasch, Hunter and Garakani expressed support for a continuance. Commissioners Roupe and Zutshi were in favor of going forward as proposed with changes in architectural treatments. Director Tom Sullivan cautioned that March 12 is the preferred meeting date. After that all agendas are full until the April 23rd meeting. Commissioner Garakani said that he wants to see the Commission work with the applicant and not simply continue to the next meeting with redesign. Commissioner Roupe pointed out that due to scheduling limitations, the Commission is not in a position to do so. Chair Jackman said that typically the Commission has Study Sessions for more complex projects than this. Commissioner Garakani said that since there are sensitive issues with this lot, the applicant deserves the opportunity to work out issues on this design with the Commission. Director Tom Sullivan said that they would need a special agreement from the applicant for that kind of continuance since the Permit Streamlining Act requires action within 60 days of an application being deemed complete. Chair Jackman suggested the Commission settle down and deal with issues tonight. Director Tom Sullivan recommended that the Commission continue to the March 12th meeting with revisions. Staff will work with the applicant to try to satisfy the concerns raised by the Commission but will not likely deal with all of them. Commissioner Kurasch said that she has a different take on the role of the Commission. She sees development as a voluntary action and that the applicant’s need for space is not her first concern but rather how the physical aspect of the addition impacts the community. Saratoga Planning Commission Minutes of February 26, 2003 Page 19 Commissioner Hunter pointed out that the seventh Commissioner is missing for the vote. Commissioner Roupe advised that he would not be available for the March 12th meeting and suggested the Commission go ahead and deliberate tonight. Commissioner Hunter insisted that she needs the opportunity to go back and visit the site as she still is concerned that this would be the only two-story visible from the heritage lane. Commissioner Kurasch agreed that more manipulation of the project is required. Commissioner Roupe suggested the obscured glass window and some inset of the second story. Commissioner Kurasch said that some compromise may be in order and that she has concerns over the proposed size of this home. Articulation would be a big step. Commissioner Roupe suggested moving more over the garage with more articulation on the right side. Pull in the second story and put a window there so it is not so monolithic. Director Tom Sullivan said that staff and the applicant now have a good idea on the issues of concern to the Commission and that the project should be continued at this point. Motion: Upon motion of Commissioner Roupe, seconded by Commissioner Hunter, the Planning Commission continued consideration of Application #02-272 for additions to a residence on property located at 20355 Orchard Road to the next Planning Commission meeting on March 12, 2003, by the following roll call vote: AYES: Garakani, Hunter, Jackman, Kurasch, Roupe and Zutshi NOES: None ABSENT: Barry ABSTAIN: None *** DIRECTOR’S ITEMS Director Tom Sullivan said that future staff reports will include the date that a project was deemed complete so the Commission will recognize the deadline for action as required under the Permit Streamlining Act. COMMISSION ITEMS Business Development Meeting Commissioner Hunter advised that she had attended a Business Development meeting at which 15 people brainstormed about what they would like to see in Saratoga to increase business. Said that many in attendance, even those who live outside of the area but have businesses in Saratoga, love and Saratoga Planning Commission Minutes of February 26, 2003 Page 20 appreciate the natural beauty of Saratoga. The group will be writing to Council regarding issues such as signs and lighting. Library Tour Commissioner Zutshi announced the next Library Tour for March 5, 2003, at 11:45 a.m. COMMUNICATIONS There were no Communications Items. ADJOURNMENT TO NEXT MEETING Chair Jackman adjourned the meeting at 9:30 p.m. to the next regular meeting set for Wednesday, March 12, 2003, to begin at 7 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk