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HomeMy WebLinkAbout04/11/1984VARIANCE AND PERMIT CO+MILSSION Town of Los Altos Hills 26379 Fremont Road Ins Altos Hills, California MINUPES OF A RDGJLAR =LNG Wednesday, April 11, 1984 Reel 109, Side I, Tract 1, 000-160 Chairman Struthers called the meeting to order at 7:00 p.m. in the Totem Hall Council Chambers. �ea7 IKV-I eia Present: Ccmnissioners Carico, Stewart and Struthers Absent: None Staff: Acting Staff Planner Nancy Maddox Lytle; Secretary Leslie Mullins 1. Lands of Middleton, File #VAR 2-84, 27525 Edgerton Road, Variance request to exceed the Maximum Allowable Development Area, as defined in Ordinance #268, Section 9-5.215 and 9-5.502, by approximately 2,600 sq.ft. %W Mr. & Mrs. Middleton submitted a letter for the commissions review asking for approval of their request, received at meeting. Ms. Lytle referred to staff report dated April 6, 1984, noting this request is for a public hearing to consider a variance request to exceed the Maximum Allowable Development Area, as defined in Ordinance #268, Section 9-5.215 and 9-5.502 by approximately 2,600 square feet. Ms. Lytle gave camussioners a brief background on the subject property, noting the existing structure was built in 1976, in ccnformance with lot coverage permitted at that time, noting the residence would be considered a legally nonconforming structure. Ms. Lytle indicated in staff's opinion, the written application produces sufficient evidence supporting criteria 3, 4, 5 and 6 of the required variance findings but does not sufficiently support criteria 1 and 2. Ms. Lytle indicated the application could decrease the gravel driveway by 1,060 and replace this area with plantings, and in this way would avoid increasing the non-confoxming status of a legally non -conforming structure. Ms. Lytle recumended denial of the subject request as it does not conform with criteria 1 and 2 of Municipal Code Section 9-5.1107 (b) for granting of variances. Commissioner Stewart asked what the square footage is for the pool and decking? Ms. Lytle indicated it is according to the site plan submitted 1,060 sq.ft. Commissioner Carico questioned how many cars does the existing gravel driveway accomodate? Ms. Lytle indicated approximately 10 cars, noting it would need to E be measured for a correct count. The Public Hearing was then opened. Variance & Permit Commission - April 11, 1984 Page Two Mr. Middleton, 27525 Edgerton Road, informed commission the pool they need is for exercise only and would be approximately 300 sq. ft. , 3' ` deep, and ,gr would be kidney shaped, noting the decking around the pool would be about 200' sq. ft. Mr. Middleton noted the pool shown on the plans was a sketch drawn up by the pool company, but has not been finalized. Mr. John Riley, Engineer, referred to ordinance #268, noting it was formulated to attempt to limit runoff and grading, noting the subject application there will be almost no additional runoff from the site. Mr. Riley informed con - mission the Middletons planned this site ten years ago and were in line with ordinances at that time, noting the pool was approved in this location at that time. Mr. Riley informed cminission the square footage we will be asking for will be between 500-1,000 sq -ft. Mr. Kuranoff, 13440 South Fork Lane, informed commission the Middleton residence is directly in line of sight of his residence and as it was so carefully planned it is not visible. Further noting Ordinance #268 is to limit intensity on lots, grading, drainage and sight, noting the Middletoris hired an excellent architect to design the residence to fit in with the existing landscaping and were in conformance with ordinances at that time, and now we, have changed the ordinance, and I feel it is a share not to allow them the privilege of a swimming pool as they have requested. Mr. Kuranoff indicated at the time the Middletorns designed their residence, the Tbwns requirements were to have large driveways and now we have changed our ordinances, noting the Middleton have been in keeping with the intent of the ordinance. Mrs. Middleton, 27525 Edgerton Road, informed commission the area where the Planner indicated could be removed (gravel driveway, due to lack of use) is in use, noting their gardener rakes the driveway on a weekly basis and the placement of potted plants in this area does not seem to be a logical approach. Mrs. Middleton indicated they planned the house for over a year and it was under construction for over a year to make it blend in with the natural area, noting the pool site and deck would be unobtrusive to off site views. The Public Hearing was then closed. Commissioner Stewart indicated he felt he could go along with criteria #1, noting the applicant did what the Town wanted them to do and now we want them to take it out, referring to the gravel driveway. With regard to criteria #2, the pool was originally in the plans, but was delayed until this timme, noting the applicant has been caught in a change of the ordinances. Commissioner Carico expressed concern in going along with the letter of law in this case, noting when the property was originally developed they were in con- formance with the ordinances at that time, and was approved with a pool site. Commissioner Carico referring to criteria #2, that the literal enforcement of the code would result in difficulties, noting Mrs. Middleton Doctor says the Pool is a necessity. Commissioner Carico suggested the Commission look more carefully into the ordinance regarding graveled areas. Commissioner Struthers concurred with other commissioners, noting it is difficult when the applicant is caught in between two ordinances. MOTION SECONDED AND CARRIED: Moved by Stewart, seconded by Carico and passed unanimously to recommend approval of the Lands of Middleton, File #VAR 2-84, based on conformance with six criteria for granting variances, Section 9-5.1107(b) of the Municipal Code. Variance & Permit Commission - April 11, 1984 Page Three C. OLD BUSINESS: D. NEW BUSINESS: WMM• • •iia There being no further new or old business, the meeting was adjourned at 7:30 p.m. Respectfully submitted Ieslie Mullins Engineering/Planning Secretary 4w