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HomeMy WebLinkAbout04/14/1999kw Minutes of a Regular Meeting Approved 4/28/99 Town of Los Altos Hills PLANNING COMMISSION Wednesday, April 14,1999,7:00 p.m. Council Chambers, 26379 Fremont Road cc: Cassettes (2) #5-99 1. ROLL CALL AND PLEDGE OF ALLEGIANCE The Planning Commission meeting was called to order at 7:05 p.m. in the Council Chambers at Town Hall. Present: Chairman Cheng, Commissioners Gottlieb, Jinkerson, Cottrell & Schreiner Staff: Curtis Williams, Planning Director; Ola Balogun, Associate Engineer; Lam Smith, Planning Secretary T PRESENTATIONS FROM THE FLOOR -None 3. PUBLIC HEARINGS 3.1 LANDS OF BUTT, 24708 Voorhees Drive (68-99-ZP-SD-VAR); A request for a Site Development Permit for a six foot high solid wood fence, and a variance to exceed the maximum height allowed by Section 10-1.504(d) of the Municipal Code. The Planning Director introduced this item answering questions regarding the location of the fence, the actual distance needed from the property line for a 6 foot high fence per code, and Cal Trans not having an easement on this property. Chairman Cheng disclosed she was within 2,500 feet from the project, beyond the 500 foot notice area, and that she did not feel this project would affect her property value. OPENED PUBLIC DARING Shu-Shih Butt, 24708 Voorhees Drive, applicant, discussed the increase in traffic since purchasing the property and the need for a fence for privacy and noise reduction. Sandy Humphries, Environmental Design Committee, requested leaving a six to eight inch space at the bottom of the fence to allow for creature movement. The Planning Director noted that the area where the wooden fence meets the chain link fence will allow for creature movement. `r CLOSED PUBLIC HEARING Planning Commission Minutes Approved 4/28199 April 14, 1999 Page 2 Commissioner Gottlieb asking if there was any room for landscaping on the outside of the fence or possibly moving the fence back two feet to allow for planting shrubs which would lessen the possibility of graffiti. Commissioner Schreiner agreed. The Planning Director noted there could be a drainage concern with plantings in the easement. Commissioner linkerson discussed this difficult lot which was a known situation when the applicants purchased the property. The variance request only invites others in Town to request a 6 foot privacy fence. He suggested planting fast growing large plants which he felt would have more of an effect on noise and privacy and would maintain the rural atmosphere. Granting the variance will give the applicants something others in Town do not have. He was also concerned with the possibility of graffiti on a solid wooden fence so easily accessible. Chairman Cheng felt this particular location by the freeway was one acceptable situation for a fence height variance. Commissioner Cottrell agreed with the suggestion for plantings in front of the fence to deter graffiti. Mrs. Butt responded that they have planted many 50 gallon shrubs but they do not grow quickly. If they plant in front of the fence, there would be a problem with maintenance. Plants take three years to mature; their concerns are immediate. The Planning Director suggested working with the applicants to provide plantings. The variance findings highlight the uniqueness of the site (freeway off -ramp and an arterial roadway bordering the lot). Commissioner Jinkerson could not make variance findings for numbers 1 and 2. MOTION SECONDED AND PASSED: Motion by Commissioner Cottrell and seconded by Commissioner Gottlieb to approve a request for a Site Development Permit for a six foot high solid wood fence, and a variance to exceed the maximum height, Lands of Butt, with the following addition to condition kl, "The applicants will work with staff to provide planting as feasible on the outside of the fence." Any changes to the approved plan shall be approved by the Planning Director or the Planning Commission depending on the scope of the changes, prior to commencement of work. AYES: Chairman Cheng, Commissioners Schreiner, Gottlieb & Cottrell NOES: Commissioner Jinkerson This approval is subject to a 21 day appeal period. 3.2 LANDS OF BURGER, 25850 Westwind Way (corner of Westwind Way and La Paloma Road) (7-99-ZP-SD-GD-VAR); A request for a Site Development Permit for a new 3,994 square foot two-story residence with a maximum height of 26 feet, and a variance to exceed the maximum development area by 1,695 square feet. Planning Commission Minutes Approved 4/28/99 April 14, 1999 Page 3 The Planning Director introduced this item by noting the receipt of letters from Rudolph Alfinito, Mr. and Mrs. Krause, and Mr. Morton regarding this project. Discussion ensued regarding the driveway, basement access, 130 square feet not including in the development area calculations, the visibility & height, and the use of the basement as there were no details shown on the plan (unfinished space). OPENED PUBLIC HEARING Bill Burger, 2312 Branner Drive, Menlo Park, applicant, addressed the comments, noting that the basement will comply with UBC standards. He further discussed the need for additional development area, and the difficulty with the driveway and turnaround area. He did not feel the house was large and they have stayed within the Town guidelines for floor area. The design includes a second story element so the development would not spread out over the site. He did not feel that the second story element was conspicuous (spirit of the rules). The input from the neighbors has been positive. He has met with Mr. Morton and Mr. & Mrs. Krause regarding the story poles, and the placement of the house. Commissioner Jinkerson questioned Mr. Krause's statement regarding the steep slope and not granting a variance, asking the applicant if they considered placing the garage on the other side of the property to shorten the driveway. Mr. Burger responded that they reviewed the various design elements very carefully and felt this was the best design. The oak tree was also a consideration. Commissioner Schreiner asked what the actual MDA/NIb'A figures would have been if the Lot Unit Factor had not been greater than .50. The Planning Director responded 4,200 square feet development area and 2,800 square feet floor area. Anthony Lagorio, 300 Third Street, Los Altos, attorney representing Mr. Alfinito. He stated findings for a variance indicating hardship and special circumstances mush be shown. He provided additional photographs of the site. The Town guidelines indicate properties on a ridgeline and/or hillside should be one-story structures. He felt the applicants could pursue a lot line adjustment (land swap) with Mr. Alfinito so a variance would not be necessary. Rudolph Alfinito, 25870 Westwind Way, provided some history of the purchase of lots 5 & 6 from the Melchors. He felt the Burgers were building their house at the expense of the immediate neighbors (view obstruction). He was opposed to the two story element and the variance request. He would agree to a land exchange (lot line adjustment) so the house could be shifted 30-50 feet to the south. Ron Harris, 10091 Streeter Road, Aubum, project architect, stated they have met with Mr. Alfinito to discuss the project. Mr. Hams did not believe the house will impact him. Mr. Burger appreciated Mr. Alfinito's offer regarding the lot line adjustment. However, he has been working on this project for over a year. He would like to consider a lot line adjustment separately from this project. He has considered Mr. Alfinito's views and he has reviewed the plans with him. He does not want to be obligated to go forward with the lot line adjustment at this time. He did not know if a land swap was even workable. Planning Commission Minutes Approved 4/28/99 April 14, 1999 Page 4 Dr. Pulford, representing 25852 Westwind Way, met with the Burgers several times. He does not feel the structure will impact them. Deviations from code should be rare. He agreed with the staff recommendation. He understood the Mr. Alfinito would see the back of the Burger's house. He felt if the house was placed 50 feet toward La Paloma Road, it would provide a better view. Patricia Burger, 2312 Branner Drive, Menlo Park, applicant, stated that they have made efforts to review the property, work with the architect, and to met with the neighbors. Diane Barrager, Pathway Committee, reiterated the pathway request. CLOSED PUBLIC HEARING Commissioner Jinkerson felt there was no basis for granting a variance. He could possibly support a MDA of 6,000 square feet. His concerns were the visible site, impacting the neighbors, drainage, and run-off. He would prefer moving the house down and to the north which would be a better nesting area although they would lose some bay views. Commissioner Schreiner agreed. The 5000/4000 should be the maximum development and floor area numbers although there are other factors to take into consideration (constraints). She suggested a one story structure, moving the house down with the contours. She would like the retaining walls reduced especially by the carport. She was also concerned with the basement, requesting more detail to make sure that the area between the basement and garage can never be connected (deed restriction). Commissioner Gottlieb also agreed. She had trouble with the first two variance findings and could not support this project. Commissioner Cottrell could not support the variance request. The applicants could have a step down house with the garage below. Chairman Cheng felt the 4,000 square feet for floor area was adequate but not the 5,000 square feet of development area. She agreed with the staff recommendation for 6,500 square feet development area. Also, if the basement is a true basement, there would be no need for a deed restriction. Discussion ensued regarding a continuance of the project for redesign. Mr. Burger did not want to redesign; he preferred a denial rather than a continuance. MOTION SECONDED AND PASSED: Motion by Commissioner Jinkerson and seconded by Commissioner Schreiner to deny the request for a Site Development Permit and Variance for a new residence, Lands of Burger, stating the following findings to deny the variance to exceed maximum allowable area as follows: (I) While the applicant's property is unusual in that the steep slope and limited access make it difficult to conform with the 5,000 square foot limitation on development area, the requested variance is excessive for a highly prominent and visible site. Denial of the variance would not preclude the applicant from enjoying similar privileges as other similarly constrained lots in Town. (2) The intent and purposes of the Zoning Ordinance will not be served by granting the variance because the site is highly visible and the project would be obtrusive to neighbors on Westwind Way and from off-site. Granting the variance would comprise a special privilege as the requested allowance would exceed floor and development areas for approvals on similarly constrained lots. In particular, the variance would be Planning Commission Minutes April 14, 1999 Page 5 Approved 4/28/99 16 inconsistent with approvals for 25309 La Loma Drive and 11972 Rhus Ridge Road, each of which had a larger LUF and is less visible than the subject site. (3) The granting of the variance would negatively impact neighboring properties behind the project site and across Westwind Way, as the structure would be highly visible and obtrusive, and as excessive grading (12-16 foot deep maximum cuts) is required to accommodate the project as proposed. (4) unchanged. AYES: Chairman Cheng, Commissioners Cottrell, Gottlieb, Schreiner & Jinkerson NOES: None The appeal process was explained for the benefit of the applicants and audience. Brief break at 8:45 p.m. 4. OLD BUSINESS 4.1 Report from subcommittees. Commissioner Gottlieb commented on the signage and dedication of the Fran Stevenson Path for the May 23rd Spring Picnic. 5. NEW BUSINESS The Planning Director discussed the two upcoming Planning Commission workshops. `r 6. REPORT FROM THE CITY COUNCIL MEETING 6.1 Planning Commission Representative for April 1" — canceled 6.2 Planning Commission Representative for April 15th—Commissioner Schreiner APPROVAL OF MINUTES 7.1 Approval of the March 24, 1999 minutes PASSED BY CONSENSUS: To approve the March 24, 1999 minutes REPORT FROM SITE DEVELOPMENT HEARINGS OF MARCH 30, AND APRIL 13 1999 8.1 LANDS OF SHIEMAN, 23800 Ravensbury Avenue (48-99-ZP-SD); A request for a Site Development Permit for a recreational vehicle shelter. Continued indefinitely March 30, 1999, 8.2 LANDS OF KENNEDY, 12950 Robleda Road (146-98-ZP-SD); A request for a Site Development Permit for a 1,487 square foot one-story addition. Approved with conditions March 30, 1999. Planning Commission Minutes Apri] 14, 1999 Page 6 Approved 4/28/99 8.3 LANDS OF MURTHY & SRINATH, 12010 Elsie Way (72-99-ZP-SD); A request for a Site Development Permit for a landscape screening plan. Approved with conditions April 13, 1999. 8.4 LANDS OF KENNEDY, 12950 Robleda Road (146-98-ZP-SD); A request for a Site Development Permit for a tennis court. Approved with conditions April 13, 1999. ADJOURNMENT The meeting was adjourned by consensus at 9:30 p.m. ith Planning Secretary