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HomeMy WebLinkAbout07/26/1978P, ` VARIANCE AND PERMIT COMMISSION Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, July 26, 1978 Reel 71, Side 1, Tr. 1, 001 to 503 Chairman Mary vanTamelen called the meeting of the Variance and Permit Commission to order at 6:32 P.M.. ROLL CALL: Present: Commissioners Kuranoff, Stewart, and vanTamelen Also Present: Assistant Town Planner/Engineer John Markl, Secretary Ethel Hopkins APPROVAL OF MINUTES: The Minutes of the July 12 meeting were continued to the next meeting of the Variance and Permit Commission because participating Commissioners had not in- dicated their concurrence or desired corrections. PUBLIC HEARINGS: 1. LANDS OF AVENI File #V/R. 7051-78 24183 Hillview Drive, Paul Nowack and soc ates, Engineer, Request for Recommendation of Approval for Variance for Existing Tennis Court Mr. Markl discussed the subject request as detailed in his staff report dated July 18. Thereafter, Commissioners explored various matters relative to the request, namely: (1) that the variance had been initiated at Mr. Syed's insistence, (2) that Mr. Aveni had not submitted information on the six reasons for granting a variance, (3) whether Mr. Syed's property line had been violated by grading for the tennis court. The hearing was opened to the public. Paul Nowack En ineer, discussed the history of the Aveni tennis court, noting that Fe e area o ie tenn s court had been graded and a wall installed when Mr. Aveni bought the property, so that the tennis court had been easy to install. He stated that there was no attempt on Mr. Aveni's part to avoid Town rules, that with the elevation of the court and screening, almost no one can be seen playing tennis. Further, Mr. Syed's property line had not been violated by grading or the tennis court, that neighbors feel that the court is an asset, that the court is done in such good taste that it is difficult to find objection to it. He asked that the request for variance be recommended for approval. Mr. Nasrullah 5 ed 24182S Avenue, acknowledged that he had brought the ssue o e non -con ormrng tennis court to the attention of the Town, and stated that his main concern was that the Town's ordinances had knowingly been broken, that Mr. Aveni's action was precedent -setting, and that he would initiate court rr action to uphold Town ordinances on this matter. He acknowledged, however, that the tennis court was not a nuisance to him. n VARIANCE AND PERMIT COMMISSION MINUTES - July 26, 1978 Page two PUBLIC HEARINGS: (continued) 1. LANDS OF AVENI, File #VAR. 7051-78: (continued) The public hearing was closed, and the discussion returned to the Commission. Commissioners discussed ways that the problem before them could be handled. Commissioner VanTamelen noted that the issues involved were: (1) No building permit had been applied for. (2) There were grading violations. Penalties for both of these aking the zoning ordinance owas ianmisdemeanor. Commissiones were prescribed by the riuVanTaCode.nicipal melensuggested ealso that the applicant address the six issues for the granting of a variance. Paul Nowack suggested that the Commissioners go out and look at the site of the nnrs court. Commissioner Stewart suggested that the property also be looked at from the Syed property, and that this suggestion be passed on to the Planning Commission. MOTION SECONDED AND PASSED BY UNANIMOUS VOTE: It was moved by Commissioner Stewart and seconded by Commissioner Kuranoff that Lands of Aveni, File #VAR. 7051-78, be referred to the full Planning Commission. 2 L Dr,Aeq#BSA tadPaul Nowack and Associates, neeguestommof ApprovalofBuildg5iteRpproval Request Mr. Markl reviewed the background on the above request as detailed in his staff report of July 21. Particular attention was directed to Exhibit A on the pro- posed development of the lot, with remarks directed at the arresting of erosion is the area with the installation of culverts (Exhibit C), drainage, and the dedication of area for open space. Also discussed was the grading and fill for the driveway and the correction of improperty installed culverts. Discussion by Commissioners centered on an amount of land to be dedicated for conservation area and the possibility of obtaining a profile for the proposed driveway. The hearing was opened to the public. Paul Nowack, 220 State StreetLos Altos, En ineer, referred Commissioners to Exhibit w rc prov deta s for t e proposed driveway, asked that fees be reduced in lieu of open space to be dedicated, and stated that the Town had created the erosion problem at Page Mill Road by a poorly installed culvert. He noted also that the cost of installing a sewer at this time was prohibitive, and that the septic tank was an interim measure until sewers could be constructed in the area. He expressed concern for the proposed pathway easement to go up Mr. Almon's driveway, noting that it was a hazard for horsemen and a tremendous liability for Mr. Almon. Mr. Almon,licant, stated his objection to either a temporary or a permanent easemen a ong is riveway, citing the danger for horsemen and the problem of liability that would incur to him, and objected also to further studies on the proposed driveway. He stated that he was now the owner of the property under discussion, not Mr. Freeman as listed on the map. Fran Stevenson, Pathwa Committee, stated that she was available for pathway recomnen at ons. M VARIANCE AND PERMIT COMMISSION - July 26, 1978 Page three PUBLIC HEARINGS: (continued) 2. LANDS OF ALMON, File #BSA 6106-7B: (continued) Commissioner Kuranoff expressed concern that road development be carefully con- sidered, and all Commissioners agreed on the importance of the matter. Commissioner Stewart asked that the Planning Commission secretary notify each of the Commissioners (Kuranoff, VanTamelen and Stewart) when the Lands of Almon comes in for site develop- ment, so that one or all of them could attend the meeting. (This would be in addition to the regularly scheduled Commissioner for site development and the Town engineer.) Commissioners discussed concerns raised on the pathways, the Town's responsibilities in correcting drainage and erosion problems caused by the culvert, and the routing of horses through the Swale and to Page Mill Road rather than alona the Lands of Almon driveway. The following mations were passed: MOTION SECONDED AND FAILED: It was moved by Commissioner VanTamelen, seconded by Commissioner Stewart, and failed that the concrete used for driveway construction shall be pigmented, or treated as deemed necessary by the City Engineer, to blend with the environment. AYES: Commissioner VanTamelen NOES: Commissioner Kuranoff and Stewart ABSTAIN: None MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner Stewart and seconded by Commissioner VanTamelen that Condition 4 be deleted from the list of suggested conditions. MOTION SECONDED AND CARRIED: It was moved by Commissioner Kuranoff, seconded by Commissioner Stewart and carried that Condition 12(c) of the list of suggested conditions be deleted. AYES: Commissioners Kuranoff and Stewart NOES: Commissioner VanTamelen ABSTAIN: None MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner Kuranoff and seconded by Commissioner VanTamelen that Condition 15(b) Road -in -lieu fee be amended to 589 Feet @ $3.50 = $2,061.50. MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner Kuranoff and seconded by Commissioner Stewart that Lands of Almon, Fite #BSA 6106-78, be recommended for approval with conditions as amended. ADJOURNMENT: There being no new or old business, the meeting of the Variance and Permit Commission was adjourned by Chairman VanTamelen at 8:02 P.M.. Respectfully submitted, Ethel Hopkins Secretary