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HomeMy WebLinkAbout04/21/1977` VARIANCE AND PER-ILT COR4IISSIM Town of Los Altos Hills 26379 Fxmont Ibad Los Altos Hills, California MIINMES OF A WNIINOED N!";E1'INf Thursday, April 21, 1977 Tape 57, Side II, Tr. 2, 460 to End; Reel 5E, Side I, Tr. 1, 001 to 147 Chairman Icahn called the meeting of the Variance and Permit Commission, continued from April 13,to order at 7:00 P.M. in the Council Chambers of Tam Hall. ILOLL CAIS.: Present: ca;missioners Schick, Stewart and Chairman Hahn Also Present: Ton Engineer Alexander Russell, Tam Plmner/Flugineer John Markl, Secretary Ethel Hopkins PUBLIC HEARING: 3. ITN1S OF MYRIRAD, File #BSA 6090-77, Page Mill P. d and rbon Lane, Brian, Kangas, Faille and Associates, Engineers, Ferluest for Recommdation of. AVProval of Building Site Approval Pequest. Chairman Hahn acknowledged the information on Lands of Mourad contained in Mr. *Iarkl's April 9th staff report, and noted that since that report had been written a letter dated April 11 had been received £once Mr. and Mrs. wilson and another letter dated April 13 had been received fran Mr. and Mrs. Handley, both letters concerning the property under discussion. He called attention to several iters nentioned in the staff report: 1) the subdivision plan developed by Mr. Markl for the undeveloped land around NUM Lane, including the Lands of Arms; 2) the fact that Mbm Lane, a private road, already has five developed homesites on it and Mr. Mouaad's would be the sixth; and 3)the Fire Departmnt letter requesting that the Tam not approve the BSA request because of the lot's location at the and of a long ari-de-sac with no fire hydrant or water hydrant on Moon Lane from widch to obtain water for fire Protection. Mr. Hahn noted, on this last item, that possibly hydrant access could be obtained frsn the adjacent Lands of Armes. Discussion began among Caimissimers with o missioner Stewart inquiring about possible road access be the subject property fran the adjacent Lands of Armes. M7. Russell, haever, noted that advance planning was sc ething that should have been acne years ago and was not, and that Mean Lane residents themselves had pre- cluded access to lands of Arms by protesting the proposed through road to the subdivision at the time lands of Armes was before the Planning Caamissim. Instead, at their instigation, a barrier is to be constructed across the street leading to Mean Lane that will be constructed when Mr. Arses cares in with his subdivision, lands of Saddle Mountain Estates. Mr. Russell reiterated that Lands of Mourad came into being under a Canty subdivision before the Tuan was incorporated, and that `, Mr. Mourad has the right of access and the right to develop without being subject to the five parcel limitation on the private road. KNU1'ES Cr THE VARIANCE AND pEyWT CCCTgSSI(N - Am it 21, 1977 Page tw PUMIC BFARINm: (continued) 3. LANDS of nxim, File #BSA 6090-77: (continued) Ttne question of the ownership of Toon Lane was raised, and W. Russell told the Commissioners that no one knows the whereabouts of Mr. Moon, the owner of Toon Lane. He noted that one possible solution was to have Moon lane put back on the tax rolls, the Tam pay the assessment, and then have the road deeded to the Town. 'Thereafter the hearing opened to the public. Mrs. Mourad 10421 Stokes Avenue, Cupertino, re-ayphasized that Moon Lane does not belong to anyone using -le Variance and Permit Commission con- sider future planning for the area after Lands of Aburad is granted building site approval, pointed out that they have a deed certifying rights on the well water and that getting enough water pressure would be a problem they would be willing to assume if building site approval were granted. Henry pburad 10421 Stakes Avenue, Cupertino said he had talked with Purissima Water Drstnct and stated t—Fiat a Moura had hal,,mrship in the well and in the 5,000 gallon storage tank. He noted that he had talked with Purissima Water Company and that they saw no reason why the Tourads could not have an adequate water supply, and that W. Farwell had agreed that while he would prefer a fire hydrant for fire protection, he would be amenable to Mr. Mourad's Alan to pump water from the storage tank for fire protection. Comdssic ner Stewart noted, after hearing Mr. Mourad, that the Commission would have to have in writing the agreements from the water and fire departments in order to make their decision on this property. Mrs, Handley, 13818 Page Mill Road, stated that it was her understanding that the wall re.rreato belonged to the Handleys and the Bredos, and that they had been paying taxes on the well site. She also questioned the ownership of Toon Lane, stating that she felt Moon lane belonged to those who lived on it. At this point Mr. Russell stated again the Toon Lane is still in the aanership of Mr. Troon. He'd checked the tax rolls tsro months age on it. The people who abut the road have the right of ingress and egress; and he noted further that on Mr. Mourad's title report, the ownership of the water rights is rather vague. Bill Wilson, 13816 Page All Fuad, pointed out that he had no objection to the development of Moon Lane, ut noted that there were problems on the road due to its thirty foot width and the steepness of the road at the upper endd. He the spoke for a master plan that would encompass both the Pimrad property and Lands of Armes adjoining it. Csnmissic ner Schick pointed out that the Comdssioners were in a dilemma on the development of Moon lane, with as many as fifteen hamsites on the road eventually, all like Tourads with the right to develop since they existed before the Tawn was incorporated. Thereafter the public hearing was closed. Mr. Russell snapped up the discussion by pointing cut that the Lands of Mourad and Lands of Clayton lots existed prior to the incorporation of the Town. He noted that water was a problem for the whole general area, pointing out that MHATTFS OF THE VARIANCE ASID PER= C(7S&7ISSICN - April 21, 1977 Page three 4 PUBLIC HEAriNCS: (continued) 3. LANDS OF M7URAD, File #ASA 609077: (continued) actually all the residents of the area have a fire protection problem. He noted that the Mourad's plan to get water to their property with a pressure pump would present engineering problems but would not deter development. 'thereafter, dis- cussion was concluded and the following motion passed: MYPICSl SECONDED AND UNANIbr�),1.SiL�Y1� PASSED: It was moved by Commissioner Stewart, seconded by Commissioner Schick, and unanimously passed that the Lands Of TiDurad be continued to the first meeting in May with the idea that Tt. Mourad will look into the problems with the Fire Department and Purissima Hills County Water District. Neighbors are to be notified of the May 11 meeting.* *Lands of Mourad cannot be agendeed for the May 11 meeting because there will not be sufficient time for Purissima Water Company to reply. (The Purissima Board . will meet on May 10.)Themfore, Mr. Mourad's hearing will have to be continued to the meeting of May 25. At 8:40 a recess was called. At 6:55 the meeting was. msnmied. 4. IANLS OF PUKEM UOMMerl Lands o£ Gee) Filen #BSA 6091-77, Stomebrock Drive, Tkm:eSt for Reeommetion or Approval on Building Site Approval Request. 4W Mr. Markt stated he had no information to add to his staff report of May 10, and discussion began with Cormissioner Stewart noting his surprise that no oathwav request had been made with a pathway across the subject property in use. Mr. Markl said that one had been received, but upon checking found that in fact no pathway request had been made. Mr. Russell suggested an amendment be made to Condition nine on the list of conditions because there was no final map on Building Site Approval maps. 'BiereAiter, the hearing was opened to the public. Bill Powell, 415 Mcmterey Place, Los Altos stated that he was in agreement with conditions Chairman Hahn closed the public hearing. M lICN SECOMED AND INANINDUSLY PASSED: It was moved by Commissioner Hahn and seconded by Commissioner Stewart that Condition 9 be deleted and the following substituted for it: The ingress and egress to Lot 2, Tract 2322, shall be by way of the fifeer. foot public easement (LaTlma Place) only. Commissioner Stewart noted that an aerial photograph of this property would have been most helpful since he had had a great deal of difficulty locating this property. Mr. Russell, however, responded that the requim ment for aerial photographs should be tempered with judgment. MVTICN SECCNDED ASID iWZM4WSLY PASSED: It was moved by Commissioner Schick and seomded by Commissioner Hahn that Lands of Powell, File #FSA 6091-77 with con- [ ditims as amended be mccurended for approval. MJTICN SECDNDED ASID UMANINDUSLY PASSED: It was moved by Commissioner Schick and seconded by Commissioner Stewarit that a ca o ical exemption be filed for the Lands of Powell, File #RSA 609 77.(U SCl/'7 KMITFS OF THE VARIANCE AND PERT -9T OJM4CSSI(N - April 21, 1577 Page four NEW BUSINESS: The Ca=ssicners omuended Mr. Markl for the quality of his presentation on the Lands of Mourad. W. Hahn, in locking ahead to the meabership of the Variance and Permit Ca mission for the month of May when Lands of Mourad was scheduled to be reheard, appointed Cmrdssioner Schick tie-make--�^-i,'==- a �--:__;.v ,eA^,,��..� C si S wool the plao=_ of ternate si to ussroner Carico al to or the ed Coamissian Aydell. 'rhrs uld that the same 'ssi d be p t when Lands !?Dura is h agaan. su. -.Q.�.-_.� tT�u..ut.. m�-tct�: `y7z z . �i,/7 7f ANOUFNEMM: o At 9:30 P.M., when there was no further new or old business, Chairman Hahn adjourned the meeting. Respectfully submitted, Ethel Hopkins Secretary 4