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HomeMy WebLinkAbout12/11/1967S PLANNING COMMISSION TOWN OF LOS ALTOS HILLS MINUTES OF A REGULAR MBSTING December 110 1967 Chairman W. F. Minckley called the meeting to order at 7:50 P. M, at the Town Hall, 26379 Fremont Road, Los Altos Hills, California., The following members answered Roll Call: Presents Commissioners Bowler„ Dawson, Hibner, Lachenbruch, Perkins. and Chairman Minckley. Absent: Commissioner Sherlock. APpR�AL OF MINUTES: November 27., 1967, Omission: P. 1, Communications, Item No, 2, add "letter written by Commissioner Bowler". MOTION, SECONDED AND CARRIED: Commissioner Dawson moved, seconded by Commissioner Hiller, that the Minutes of November 27, 1967 be approved as amended, was carried unanimously by voice vote. 1. Memorandum dated November 29, 1967 from Commissioner Gordon E. Bowler to the Planning Commission on the subject of "Nates on the Relationships between Housing Density and Public Service Costs," Memo was referred to the Commis- sion for study, OLD BUSINESS: COUNCIL REFERRAL: 1, SHOOLERJ, JAMES N„ (V-294_67) - Request for reduction of setback require- ment for pool at 13470 Ca -ilio Lane, Commission reviewed the variance request in that Mr. Shoolery's original map submitted on November 13, 1967 was returned to him on the basis the map was not adequate. Mr. Shoolery then submitted a revised map at the Planning Commission meeting of November 27, 1967, which was approved by a 4 to 3 vote and forolarded to the Council on December 4th„ which was returned to the Planning Commission on the basis of new evidence being presented at that meeting. Commission was of the opinion that the entire problem lay in the improper mapping by all parties concerned, pFns the fact only one transparency had been made but that the same pros and cens of the Fenn driveway and the impinge- ment of Mr. Gustin's view had been discussed by the Commission. Commissioner Hibner stated the additional information received by the Council regarded the impingement of view, Chairman Minckley asked for comments from the Floor. Mr. David Maguire, attorney representing Messrs. Gustin and Fenn, who are opposing the variance. stated that the Fenn driveway was a point of condition on the original map but that the new argument a:n behalf of Mr. Gustin was that there had been certain disagreements in the past whether or not this pool site should be granted in view of an impinged view. Mr. Maguire further COUNCIL REFERRALt Shoolery cont'd.: commented that a variance such as this is not a right but something which should be weighed carefully on the basis of closely defined professional documents and maps, requesting the variance be denied. Mr. Maguire stated his clients felt the pool can be placed in another position on the property, which would not call for a variance. It was pointed out by Commissioner Bowler that a pool is built below grade and that a view would only be blocked by a fence, which Mr. Shoolery has the right to build. In Mr. Fenn's absence, his father spoke in opposition to the variance request. Commissioner Hibner stated he had reexamined the property and still believes the best place for the pool is on the opposite side of the house, since the proposed location is only 7' from a very steep slope: and, that cogent reasons have not been submitted by Mr. Shoolery as to why the proposed site is the only place to build a pool. Commissioner Dawsnn contended it is not within the purview of the Commission to tell Mr. Shoolery where to build a pool, but that the issue was the proper map showing full contours and the relationship of the surrounding properties to properly evaluate the variance. Mr. Shoolery was not present and Commission concurred that the matter should be officially agendaed for the next meeting so that Mr. Shoolery may be present. MOTION, SECONDED AND CARRIED: Commissioner Perkins moved, seconded by Commissioner Dawson and carried unanimously by voice vote, that tic request of Janes N. Shoolery (V-294-67) for variance for pool be re-agendaed for the next meeting. Chairman Minckley directed the City Manager to indicate to Mr. Shoolery the desire of the Commission for a representative map and that the City Engineer inspect the property and submit a report on the relationship of the Gustin and Fenn properties in regard to grade level. 2. City Manager's Report - House Sites on Tentative Maps. City Manager reported he had conferred with the City Attorney on the Planning Commission's request for wording that would indicate the house site for each lot on tentative maps. He reported that the City Attorney indicated the following proposed wording, "Each building site shall be of such dimensions and shape to permit the inscription entirely within the boundaries of each building site of 160' diameter". Commission concurred that this wording was not their intent and it was the conoemsus of the Planning Commission not to recommend any change to the Council. -2- VARIANCES: 1. Phillips, Donald A. (V-295-67) - Request for Fence in Bxcass of Six Feet (61) Height for Tennis Court at 27860 Black Mountain Road. Staff reported that no objections had been received to date, but had been advised that Mr.. J.. Plumer, 27900 Black Mountain Road would be present to comment on the request.. Mr., Plummer was present and stated the tennis court would be near his patio area and would present an invasion of his privacy, however, if the Phillip's tennis court were moved 60' down on the property, he would have no objection to a 12' fence.. MrL Phillips stated he was willing to destroy the badminton court and build his tennis court further down on his property. Corwissioners Dawson and Lachenbruch, Map Committee, both were of the opinion that since the neighbors have come to an amicable solution with no involvement of others, there was no problem to a 12' fence for tennis court on this flat ground and large lot. In view of the compromise, the map as submitted by Mr. Phillips no longer reflected an accurate picture; however, it was the concensus of the Commission, rather than require new maps to be subaittede the proper description should be included in the recommendation. MOTION, ScCOND9D AND Cr1RRISD: Commissioner Dawson moved, seconded by Commissioner Hibner, and carried unanimously by voice vote, that a twelve foot (121) fence for tennis court at 27860 Black Mountain Road be authorized in the revised location, such revised location being described as follows: That the southerly boundary of the newly proposed tennis court will be at the most southerly tip of the present badminton court and the length of the new tennis court will parallel the property line, and that the westerly boundary of the court shall be at least one foot (17) from the property line. USL PERMITS: 1, Bellucci, David (UP -296-67) - Request to Update Facilities at Adobe Creek Lodge, 26220 Moody Road,. Staff reported as follows on the specifics for the updating of existing. facilities at Adobe Creek Lodge, and that to date no objections had been received: 1. Enclose an existing patio of the supper club; adding the area to the supper club, and to add a roof facia to the club. 2. To increase the size of the 'Tally He' Restaurant. 3. Add a filter for the children's wading pool. This is required by the Health Department. 4, To replace the dressing rooms in the pool area. 5. An addition to the existing lodge. The City Manager pointed out that Ordinance No, 78, Section XII, Non conforming Uses, 12:10, Contin+rations, requires that a non -conforming use not be altered, changed, enlarged, reconstructed or structurally altered, without a rehearing im by both the Planning Commission and Town Council, unless such use is changed to a use permitted by the terms of this ordinn^-e. -3- USB PBRMITSs Bellucci cont'd.s Mr. Morse also stated that the City Attorney had advised that the Planning Corvaission nay hear this request and that he will submit recorsaendations to the Council at its next meeting. Commissioner Bowler coa:uaented that the action appears to be whether it would be undesirable or desirable for the Town to have these changes take place and if it is a good thing, it would be up to the Council to find the ways and means as to how this could cone about. At Gr53 P. M,, Chairman Minckley opened the Public Hearing and asked for coiu�ients in favor of the request: Mr. D. Bellucci e;:plained in detail the improvements to be made and that his intention is not to enlarge the facilities but only to improve what they are using in order to present a beautiful picture to the people who use the facilities and to draw the proper clientele. Mr. Bellucci further stated it is not his intent to subdivide but he is caught in a non -conforming use where they are limited; therefore, he is asking for guidance to maintain the property which will be an asset to the eorumunity and contribute taxes. Mr. J. D, Steers, 11641 Buena Vista Drives spoke in favor of the application. Chairman biinckley asked for comments in opposition. There were none and the Public Hearing was closed at 9:00 P. M. Corsaissioner Hibncr indicated that a considerable sun will he spent and questioned whether this would be used as a lever when the use ends in 1976, Mr. Bellucci stated that at the time the permit for the pool was approved, he agreedthat the granting would not constitute an extension in any way of the non -conforming use and that he still stands on this agreera::nt. Fire Chicf's letter dated December 5, 1967 was discussed and Mr. Bellucci stated it would not be economically feasible to comply with the Chief's reeomaendat ions. Following discussion of the water tanks available on the property and the available service, Corvaission suggested that a review with the Fire Chief to see if the fire hydrant could be installed on the existing line Cornaissi.oner Lachenbruch, Map Committee, inspected the property and felt the propocad modifications will upgrade the facilities and make the establishment :core desirable, but that the issue is the relationship of Adobe Creek Lodge to the Town of Los Altos Hills in respect to Ordinance No. 78, Section 12:10, Comrai—ioner Dawson, Map Committee, also inspected the property, and spoke in favor of the upgrading since it would ninir::ize picnic business and will be a desirable use, retaining space. Following discussion, it was the sense of the Planning Commission that if there were no great obstacles that it would be a good thing to update the facilities at Adobe Creek Lodge since the Town would not be better off if upgrading and fire protection were not carried out. L MOTION. &X011DBD rID CARRIED: Commissioner Bowler moved, seconded by Com.ais- 1' sinner Dawson and carried unanimously, that the total application of David Bellucci (UP -296-67) to update existing facilities at Adobe Creek Lodge and Picnic Grounds be approved, by any legal means which the Council may find appropriate. -4- 0 OMIR BUSINPrS: 1. Staff requested. the Commission to set an adjourned :aeeting date to consider the Shoolery :map, which was re-agendaed to the next meeting. Cnnnissioner Bowler stated he would be out of Town from December 1'cth to the irst of the year. MOT100 AID 5:3CW'ID: Counissioner Dawson coved, seconded by Commissioner Bowler, that there be no second meeting in December. Discussion followed that there should be a meeting to continue the slope density study as well as the Shoolery crap. VOTE: The Motion to cancel the Commission meeting was defeated by a majority voice vote of 4 to 2, Cormissioners Hibner, Lachenbruch, P_rkins, and Chainaan Hinckley opposed. Chairman Hinckley instructed the Staff to agenda the Shoolery Map and a Public Hearing on Slope Density at a regular adjourned meeting on Tuesday, December 26, 19,57 at 7:45 P. M. at the Town Hall. There being no further business, the meeting was adjourne2 at 9:4a. P. E. to: STUDY S553IOIT: Slope Density. PLNOING CUaJ iI55I011 iRLPR2SL'HTATNu TO COUNCIL 11B.3TING OF UHC. 18th: C:,airnan J. F. Minckloy Nf.XT REGUL1,2 ADJOURN2D i-IZFTING: Tuesday, December 26, 1967 at the Town Hall. NEXT RZGULAR r22TING: Monday, December 25, 1967. 12/11/67-na::: -5- Respectfully submitter, DOW T. HIBNHR Secretary Town of Los Altos Hills