HomeMy WebLinkAbout08/25/1982VARIANCE AND PERMIT COMMISSION
Town of Los Altos Hills
26379 Fremont Road
16, Los Altos Hills, California
MINUTES OF A REGULAR MFF,TING
Wednesday, August 25, 1982
Reel 100, Side I, Tract I, 000-600
Chairman Lachenbruch called the meeting to order at 6:30 p.m.
in the Town Hall Council Chambers.
A. ROLL CALL:
Present: Commissioners Carico, Kuranoff and Lachenbruch
Absent: None
Also Present: Assistant Planner Pat Webb; Secretary Leslie
Penfold
Commissioner Kuranoff excused himself from discussion on the
Lands of Hasenpflug becuase of conflict of interest.
( B. PUBLIC HEARINGS:
1. Lands of Hasenpflug, File #VAR 5-82, 26236 Fremont Road,
Request for a variance for a maximum two foot (2') en-
croachment into the side yard setback and to allow future
development area of 15,000 square feet for a .934 acre.
I parcel. (Continued from July 28, 1982)
Ms. Webb gave a. brief review of the background on the subject
property and variance request, noting further information had
been received from the Hasenpflugs' attorney and the City
Attorney regarding the easement in question. Lis. Webb referred
to the City Attorney's memo of August 20, 1982 indicating Mr.
Gillios' opinion is that the requirements for granting of the
variances have been met and the matter of whether Mrs. Klock
has lost the right to use the substitute easement is not a
matter before the commission. Ms. Webb referred to a memo
received from the Hasenpfluqs' attorney, indicating that reduc-
tion of the easement from 12' to 10' was not acceptable. Ms.
Webb further indicated that another item for the commission to
consider is the reduction in lot size, Section 9-5.501 (a) of
the Municipal Code, would need an exception from the ordinances.
The Public Hearina was then opened for public discussion.
Mr. John Sines, Hasenpfluqs' attorney, asked commission to
grant approval of the subject variances, indicating if a
decision is not made it could be very costly to all parties
involved.
Variance and Permit Commission
Minutes of August 25, 1982
Page Two
1. Lands of Hasenpfluq, File #VAR. 5-82 (continued)
Mr. Puorro, 26296 Fremont Road, spoke in favor of the variance
requests, indicating if the easement were to be used on their
side of the property there would be @lot of landscaping that
would need to be removed.
Mr. Chiang, 26288 Fremont Road, spoke in favor of granting
approval of the variance requests,
Mr. Saches, Attorney San Jose, requested commission to recommend
approval of the subject variances on behalf of the defendents
in the trial.
The public hearing was then closed.
Commission and staff discussed the property being encumbered
by the 12' easement, and the criteria for granting of these
variance requests based upon this information.
MOTION SECONDED AND FAILED: Moved by Carico, seconded by
Lachenbruch and failed to deny the variance request for the
Lands of Hasenpfluq, File #VAR 5-82, based on the request does
not comply with criteria for granting a variance as specified
in Section 9-5.1107, specifically items 3,4,5, and 6.
ROLL CALL:
AYES: Commissioner Carico
NOES: Commissioner Lachenbruch
MOTION SECONDED AND CARRIED: Moved by Lachenbruch, seconded by
Carico and passed unanimously to approvethe variance request for
the Lands of Hasenpfluq, File #VAR 5-82, to allow a maximum two
foot (21) encroachment into the side yard setback and to allow a
substandard .934 net acre lot. The basis for recommendation of
these two variance requests is based upon advice from the City
Attorney in his memo dated August 20, 1982, which indicated the
commission may consider the subject lot to be encumbered by the
twelve foot (.121) easement as a result of a tentative agreement.
MOTION SECONDED AND CARRIED: Moved by Lachenbruch, seconded by
Carico and passed unanimously to deny the variance request for
the Lands of Hasenpfluq, File #VAR 5-821 to allow future maximum
development area of 15,000 square feet -for a .934 net acre parcel.
The criteria for granting of a variance, as specified in Section
9-5.1107 of the Municipal Code were reviewed as follows:
1. Exceptional or extraordinary circumstances exist due
to the encumbered lot by a twelve foot (121) easement
on one side, and easement which previously was not known
to exist.
2. The existence of the twelve foot (121) easement causes
`, no difficulty in satisfying the limitation on development
of 14,000 square feet, imposed by ordinance.
Variance & Permit Commission
Minutes of August 25, 1982
Page Three
1. Lands of Hasenpflug, File #VAR 5-82 (continued)
3. Strict application would not deprive the property owners
of the opportunity to develop their property as fully as
others because each property is treated equally within
ordinace in that it is based upon net acre.
4. Granting of this variance would be materially detrimental
to the public welfare, or injurious to other properties
in the vicinity, it would create a density of development
greater than Town permits, enfringes on neighbors.
5. Authorize a use or activity which is not otherwise expressly
authorized by the zoning district regulations, use itself
if not different but more intense.
6. .In harmony with General Purpose and intent of the Municipal
Code and General Plan, development area ordinance was designed
specifically to avoid this type of request.
2.. Lands of Kaufman, File #VAR 6-82, 14100 Donelson Place, Request
for a variance to allow a nine foot (9') encroachment into the
rear yard setback for a fish pond and a fifteen foot (15')
encroachment into the side yard setback for a redwood deck.
Ms. Webb referred to her staff report of August 20, 1982,
recommending that the variance and Permit Commission deny
the variance request for the Lands of Kaufman, based on there
are no special circumstances which exist relating to size,
shape, topography, location or surroundings.
Commission and staff discussed the applicant's submittal and
request for variance.
The Public Hearing was then opened.
Mr. Kaufman, 14100 Donelson Place, gave commission and staff
a letter dated August 25, 1982 which requested that his
variance application be withdrawn. (Refer to file for reasons
of withdrawal.)
Commission concurred with Mr. Kaufman's request.
There being no further new or old business the meeting was
adjourned at 8:20 p.m.
Respectfully submitted,
Leslie Penfold
Engineering/Planning Secretary