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HomeMy WebLinkAbout08/27/1980VARIANCE AND PERMIT COMMISSION Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, August 27, 1980 Reel 88, Side I, Tr. I, 618 -End The meeting of the Variance and Permit commission was called to order by Chairman Dochnahl at 6:30 p.m. in the Council Chambers at Town Hall. ROLL CALL: Present: Commissioners Carico, Dochnahl, Stewart Absent: None Also Present: City Engineer/Planner John A. Carlson, Assistant Planner Pat Webb, Secretaries Leslie Penfold and Ethel Hopkins APPROVAL OF MINUTES: The minutes of Wednesday, August 13, 1980 were postponed for approval, until Commissioners of that meeting are present. PUBLIC HEARINGS: 1) Lands of Spilker, File #VAR 8-80, 2121 Old Page Mill Road, Edward Baca and Dale W. Wipson, Engineers, Request for Recommendation of Approval for Variance in side yard setback for an addition above the existing garage. Mr. Carlson discussed the above request, stating that a subsequent property survey was conducted on August 5, 1980, by Edward Baca, showing the adddition in fact was not fifteen feet (15') into the side yard setback, but six and one-half feet (6.5'), the addition also requires a set of stairs and platform for the second story addition, this would make the variance request ten and one-half feet (10.5') into the setback. The six reasons providing justification for the need for the variance were listed in the staff report dated August 22, 1980. Staff recommended approval of the addition, since it was being built over the existing residence and there is sufficient vegetation to conceal the pro- posed structure. Thereafter the hearing was opened for public discussion. Eric Karl Spangenberg, 2100 Old Page Mill Road, spoke against the variance, quoting government codes and documents, stating that an Environmental Impact Report should have been prepared for this variance. He also questioned the accuracy of the survey done by Mr. Baca. He made reference to the CC&R's for the property, stating that the roof line of the present house could not go above the pad of the Spangenberg home and that the Spangenberg family had Architectural control of the property. The CC&R's were not presents at the meeting. Brian O'Grady, Attorney for Applicant, spoke in favor of the variance, stating that only major variances would require an EIR, and that this was not considered major. He questions L that the CC&R's would be applicable to the Spilker residence at this date, since CC&R's ` change over time and the circumstances also change. Ruth Spangenberg, 2100 Old Page Mill Road, spoke against the variance, stating that the vegetation was planted originally in 1950, and is about at the end of its life span. VARIANCE AND PERMIT COMMISSION MINUTES - AUGUST 27, 1980 Page Two Andrew Cochran, 2235 Gerth Lane, spoke against the variance, supporting the Spangenberg letter dated August 5, 1980. Staff noted the following: 1) Resolution # 1065, adopted September 7, 1977 , was prepared by the City Attorney and lists categorical exemptions: Variances do not require that an EIR be prepared; 2) that this structure is conforming with the zoning law of the Town, the only way it is not conforming is that the house is located within the setback, but that the house was built prior to incorporation of the Town and is considered a pre-eixsting use; and 3) that the covenance between the neighbors should be handled privately, staff and the City Attorney have taken the position that this is a private matter. The Public Hearing was closed. Commissioners discussed the possibility of the addition being built elsewhere on the property and were told that this would be possible if the addition were built above the garage but only up to the 30' setback, thus limiting the living space. They also questioned whether the stairway could be placed elsewhere as not to encroach in the setback and if, the existing vegetation would be sufficient that pos- sibly the applicant could be required to landscape to help mitigate the proposed structure. MOTION SECONDED AND CARRIED: It was moved by Commissioner Stewart and seconded by Commissioner Dochnahl to deny the variance request for the Lands of Spilker. VOTE: AYES: Commissioners Dochnahl and Stewart NOES: Commissioner Carico ABSTAIN: None Commissioner Stewart stated that he does not feel that the structure conforms to the fourth (4th) item of the six required for a variance, since it will be injurious to 40 the property and improvements in the vicinity. The applicant was informed that they have three (3) alternatives to the denial: 1) That the addition be built outside of the setback so that a variance not be needed; 2) Applicant to submit another plan to the Variance and Permit Commission and 3) Appeal to the City Council within ten (10) days of this date. ADSOURMENT: There being no further new or old business, the meeting was ajourned at 7:45 p.m. Respectfully submitted, Leslie Penfold Engineering/Planning Secretary kw