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HomeMy WebLinkAbout04/13/1977VARIANCE AND PERMN CO"trSSICN `• Town of Los Altos Hills 26379 Fremont PDad Ins Altos Hills, California MIIiOPES OF A RE(iffAR MF2:.TIM l Wednesday, April 13, 1977 Reel 57, Side II, TY. 1, 846 to End, Side I, TY. II, 001 to 149. Cannissioner Hahn called the meeting of the Variance and Permdt Cammission to order in the Council Chambers of Than Hall at 6:30 P.M.. P= CALL: Present: Comiissioners Schick, Stewart and Hahn Also Present: Town Engineer Alexander Russell, Tcm Planner/Flhgineer John Mauicl, Secretary Ethel Hopkins APPROVAL OF mn w=: - Minutes of March 23, 1977 Coemiissimer Schick wished to have noted in the Minutes that proeec'Ure was being adhered to in the matter of the chairmanship of. the Carnmission, but due to the lapse between meetings (January be March)., her absence frau the meeting of Mardi 23, and the fact that Co missioner Halm would shortly be the senior nenber and dhairmen, 40 it was felt that he should continue the Chairmanship begun m March 23. Chairman Halm asked that the file number for the Variance in the motion m page 2 be changed frau VAR. 7037 to VAR. 7036-77. MYrICN SECDMED AND CAR -T=: It was moved by Chairman Hahn and seconded by Commissioner Stewart to approve the Minutes of Mardi 23, as amended. T'he motion passed with Chairman Hahn and Stewart voting for it and Camhissioner Schick abstaining because she had been absent frau the Marey 23 meeting. PUBLIC HEARLHGS: 1. IRIDS OF HULL File #VAR. 7035-77, 25445 Adobe Lane, Request for Recamendatim o Approval m a Request for variance. Mr. Markl referred Commissioners be his nano of March 14, and called attention to several iters that were particularly important on this variance realmst. One item was the Purissime Hills Water District negotiations with the Hulls on an easement for a -water line that traverses the Hull property, and the copy of the proposed agreement that was enclosed with the Staff report. Another itpm was the request that the Santa Clara Water District had made for a liberal easement alma the creek. Thereafter, the hearing was opened to the public. Donald Hull 25445 ;M Lane stated the Mr. Oliver, his neighbor and agent had met wi Purlssrma Water fu,. An agreemnt was beino drawn up for the easement ` under the proposed tennis court. Theterms tththsfor tthe he greerrT1taff rePow the sane as those on the enclosed prototype agree en rt- mr. Russell stated that he had talked to Mr. Sullivan of the Santa Clara Wates District concerning their request. He reviewed the history of the Pink Horse Ranch Subdivision VARIANCE AND pEIMT COMgISSIQ9 mniL FS - April 13, 1977 4W Page two pump Tc HEARTNCS: (continued) 1. LANDS OF HULL: (continued) of which Mr. Hull's property was a part, and noted that it was difficult to reason why the District needed more land now. The public hearing was closed after Mr. Russell's remarks, and the following motions were passed on the request for variance. MATIN SEcamm AND ummn4R,lSLy PASSED: It was proved by Camdssioner Schick and seconded by Commissioner Stewart that the following condition be added to the list of conditions: There shall be no night lighting on this court. Ohne motion passed by unanimous assent. M1rIQi SECUMM AND UQNDOjSLy PASSED: It was moved by cannissioner Schick, seconded by CmTrssicner Stewart and unanimously passed that the request for a variance for a tennis cost for the Iands of Hull, File VAR. 7035-77 be reeomended for approval with auditions as amended by the Commission. 2. LVIDS of UNC£Id+)AN, File #HSA 6079-76, Moody Road at Chaparral Way, J. Bamnond, Engineer, taaquuest or RecaumlPn tion of Approval of Buildina Site Approval Request. Mr. Markl had no oaments to add to his staff report dated March 28 except for the d statement that the present application was one of the toughest GSA's he'd worked with. fir' Discussion mang commissioners began with Crnmissioner Schick inquiring about au- struction begun on the site about a year ago. Mr. Russell noted that Mr. Rrors, an adjacent property owner, had begun construction but that it had never been Completed. Coamissioner Schick also raised the question of the ownership of Chaparral Way. Mr. Russell stated, in response to this question, that if the properties abutting the road go to the centerline, then Chaparral is awned by adjacent property owners; but that in any event the Ungennans have an easermt owned by Laverne Smith which granted them access to the property. Tin matter of the nu ober of homes on a private mad was raised, and again Mr. Russell responded that the subject parcel was in existence prior to the incorporation of the Than and therefore the Ungerman's had the right to develop the lot and to cone across the road without t of a variance. He rs could demonstrate that rthey had recognized the noted, byrrequesting , that the aexcepton to be granted to the Ordinance requirement. Cmunissioner Schick asked if the property were further subdividable, and Mr. Russell replied that although the terrain was difficult, it could be divided into two parcels. Discussion an the pathway request was initiated by Ckm dssioner Schick when she noted that Mr. Burrs did not have a path requested on his property, but that the path bordering his property was across the road. Mrs. Fiksdal, Pathway Cmrdttee chairwarm addressed the Caumin ssim with the baekgrou 3 infolmatien on ne FaUnWay request. However, Mr. Russell noted that he was ahrost positive that an easemnt existed all the way along the Lands of St. vincant de Paul Daughters which borders the Ungerman property, and suggested that if the Comdssion desired to retain an easement across the lands of Ungerman, that it be based on the fact that there is no recorded easement parallel to the Catholic Daughters'preperty. He noted, however, that he felt the Ungernan easement for paths unnecessary. VARIANCE PND PER= C(iMD:SSICN NONlflES - April 13, 1977 t Page three �r PUMIC HEARIME: (continued) 2. LANDS OF UNC£IdM, File #BSA 6079-76: (continued) Mr. Hahn inquired about the accuracy of slope density calculations and about Mr. Farewell's request that the road not be steeper than 158 of grade when the Town's ordinances allowed a 208 grade. Mr. Mario stated that the expensive -to -install road on the Ungerman Property would be of a rough concrete that would provide traction for fire equipment to get to the property. Thereafter, Mr. Hahn opened the hearing to the public. Sue Un n:an, 832 Nash Ibad Los Altos stated that she was confused on the path- way request, an t a pa existed along the property, that it was seldom used, and poison oak was a problem near the Boors property. Putting in an additional ten foot path did not seen to make sense, and would interfere with the setback requiramnt for the proposed dwelling. Mr. Hahn closed the public hearing, and discussion began again on Condition 7 with C=ndssic :er Stewart wanting further clarification on this. Mr. Russell noted that if the Ungennans decided to subdivide, fire protection from a hydrant located by easement frau the Sisters' property would be much easier to accartmdate. He urged the Cmnissimers to clarify the condition by making fire hydrant access an either/ or situation. Discussion was concluded and the following notions passed. M71'ICN SE(DIIDED ASID CAM= It was moved by Ca:missioner Schick, seconded by Camdssimer Stewart, and passed by unanimous omsent that Cmditiois 5 and 7 be deleted, and that instead the following Condition be added: The applicantshall install either a standard fire hydrant at the intersection of Chaparral Road and her driveway, or acquire a ten (10) foot easement from the Daughters of. Charity of. Saint Vincent DePaul, Province of the West, for the purpose of constructing a water main and in- stalling a fire hydrant for fire protection that would be closer to her home than the previously mentioned fire hydrant. M717CN SECCNDED AND UNANIMXISLY PASSED: It was moved by Ccrmissioner Schick and seconded by Cmmissimer Hahn to add the following staterent to Condition 10: If in fact there is a ten foot (101) dedicated easerent for equestrian and pedestrian path on the adjoining lands of Saint Vinoeat DePaul Daughters, then this easement will not be required.* *Records in the Than Hall were exw.uned and it was found that there is a continuous pathway the length of the easterly boundary of the Ungenran pronerty as recorded in Book 9543, Page 703 of Deeds of Santa Clara County. M rICN SECCNDED AND UNANIMXSLY PASSED: It was moved by Commissioner Schick and seconded by Commissioner Stewart to add as Condition 7 the following: The variance and Permit Camnission recmmends that an exception be granted to Section 9-4:712 of Ordinance 232's limitation of five homes on a private road for this tannest by the Lands of Ungennen. M7TIIN SECONDED AND UnWINDLISLY PASSED: It was moved by Commissioner Schick and seconded by Commissioner Stewart that the Lands of Ungemon, File #BSA 6079-76 be rea mtended for approval with conditions as amended by the Commission. M =(N SECONDED AND UNMMUSLY PASSED: It was moved bV (CammisSiOner Schick and seconded by Commissioner Stewart that a categorical exMption be filed for the Lands of Unger an, File #BSA 6079-76. VARIANCE PND PE[AffT CM4ISSION KnxnES - April 13, 1977 Page four PIffiSC HEARINGS: (continued) Commissioner Schick noted that the Oannissimere were under a tire constraint that prevented their doing an effective job with the remaining items on the schedule of public hearings. She noted that Lands of Mourad, File #RSA 6090-77, because of the ccaplications involved with access m Mom land, shahld be referred to the Planning Com:issim; haaever, hermotionto that effect died for lack of a second. Thereafter, Mr. Russell said that Mr. Monad does have access to his property, and that the mwctlm of Moat lane could properly be addressed when a Property that does not have legal access cones before the Camission. ADJOUItZ f: KPICN SBO=ED AND CARRIED: It was moved by Cam:issioner Stewart and seconded by Co miissioner Hahn to cavy over the Lands of Mourad, File #BSA 6090-77 and lands of Powell, File #BSA 6091-77 to a special meeting on Thursday, April 21 at 7:00 P.M.. The motion was unanimously approved. At 7:50 P.M., rhaimen Icahn adjourned the meeting to the April 21st nesting. Respectfully submitted, Ethel Hopkins 40