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