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HomeMy WebLinkAbout04/03/1958� � I ILjUiNIOG CW9�-LSSION T014N OF LOS ALTOS HILLS %* MINUTES OF R_1'GULAR MEETING April 3rd, 1958 The meeting was called to order by Chairman 11illiams Thursday, April 3rd, 1958 at 7:43 P. M. at the Town Hall, 26379 �Iest Fremont Avenue, Los Altos Hills. ROLL CALL: PRESENT: Mellquist, Spain, Stedman, Chairman Williams ABSENT: Dawson, Holm, Sherlock, Tantau MINUTES: March 22nd, 1958. Correction: Peg CORRESPONDENCE: Item #I: The word 're:ei1v'eTr_w-a_z-_m-3"a=peed. rage 2 Divisions of Land; Edwin 1'. Garth; Add th; following Fo-m=n a: — - - RECOMMENDATION: The Hap Committee recommended that the pri- vate road to the Garth lots be widened to eighteen (18) feet, the bridge be improved, and that the lot nearest to rage Mill Road be restricted to thirty-five (35) feet setback from the private road. MOTION: Mellquist; SECOND: Stedman VOTE. flass�� ACTION: Adopt minutes of March 22nd, 1958 as corrected. CORRESPONDENCE: 1. John Rille - Letter,!dated March 24th, 1958, requested that the =anning Uommission Unit No- 5 of Fremont Hills give final approval ok the tentative map. Deferred to New Business. 2. Fremont Hills Countri Club - Letter, dated March 24th, 1958 and Signbed by Nor—ge-T7. s,Chairman, Advisory Committee, presented the asic operating poTiSCIV of the Fremont Hills Country Club. This letter will be referred to the Planning Committee, and it was agreed that a letter be sent to Mr. Hayee requesting more detailed AW and specific information regarding the operational scheme. d6imisbioner Sherlock arrived at this time. 4-10-58 -2 - OLD BUSINESS: 1. Recommendation for It.UgLnL�aent - To fill vacancy of Commissioner TU -111s. Deferred to Personnel Meeting to follow meeting. 2. Palo Alto Unified School District - School site on Page Mill Road. Letter, dated March 25w, 1958 from H. F. Koenig, Business Manager, was read by the Chairman requesting approval of the Planning Com- mission for a building site for proposed Junior High and Elementary Schools, to be purchased from Mr. James Stedman. The proposed site is sixty-two and one-half (6236) acres on Page Mill Road. Commissioner Tantau arrived at this time. RECOMMENDATION: That the Planning Commission recommend to the Council for approval that this land be used for a Junior High School and an Elementary School location as requested in the letter of the Palo �lto Unified School District, dated March 250, 1958. MOTION: Mellquist; SECOND: Spain; AMMMENT - That temporary planning of this area shows possible need of a road on the edge of this site connecting Page Mill Road and Elena. AMENDED: Sherlock; SECOND: Spain; VOTE: AYES: Mellquist, Spain, Sherlock, Tantau, Chairman Williams NOES: None ABSTAINED: Stedman ABSENT: Dawson, Holm 3- Attormey Gardner Bullis - Commissioner Spain mentioned a letter he Sad iecei-v-e-6—rigaFd:--n�"applicants for Variances being required to verify ownership of property. It was agreed that the City Clerk be authorized to require that an applicant for a variance be asked to verify that he is the legal owner of the property for which the variance is applied. 4. Flood Control - Commissioner Sherlock stated that he had talked �;_ith officia a in Santa Clara County re�arding the condition of the low creeks in the Town, but that he would like to meet with the Plan- ning Committee before making a full report. Referred to the Planning Committee. 4-10-58 -3 - NEW BUSINESS: 1. Variances: a) Richard B. Nelson (V-24-58) - Reduction of Side Setback. Commissione:o Stedman roported for the Map Committee. RECOMTND,'�TIOY: That the variance of Richard T3. Nelson (V-24-58) for a re- duction of side setback be granted. MOTION: Stedman; SECOND: Tantau; VOTE: Passed unanimously 2. Divisions of Land: a) Kertz Realty Comi)any - (96-57) 3 lots. Engineer Reinoehl. RECOMKENDATION: That the map of Kertz Realty Company (96-57) 3 lots be re- turned to the applicant for the completion of the tentative map showing such ommissions as a ten (10) foot dedication along El Monte, by correcting location of interior boundaries, and showing exact acreage. MOTION: Spain; SECOND: Tantau; VOTE: AYES: Sherlock, Spain, Stedman, Tantau, Chairman Williams NOES: None ABSTAINED: Mellqvist ABSENT: Dawson, Holm b) Howe - (105--58) 2 lots. Engineer: Mission Engineers. RECOMMENDATION: That the Planning Commission approve the map of R. C. Howe (105-58) 2 lots, with the notation that the map show a right- of-way not to exceed sixty (60) feet on Magdalena Avenue. NOTION: Stedman; SECOND: Spain-, VOTE: Passed unanimously 3. Frank H. Aimsworth, Jr. - Mr. Aimsworth, F. 0. Box 385, Sunset Dr., gEearFd fo—f-roTe�'t tTae granting of the John D. Cassel variance � 22-58). Mr. Aimsworth stated that he wanted his appearance in protest of the grantimof the Cassel variance to be noted in the record and *4W his statem to appear. "I do not think sufficient notice has been given of this aglication by this Planning Commission. Notice is jurisdictional. ere was not sufficient posting and mailing.,, 4-10-58 -4 - Mr. Aimsworth read Section 34.4 of the County of Santa Clara Zoning Ordinance regarding the mailing and posting by the County Planning Commission, and information required from applicants for variance. It was pointed out by Chairman Williams, and confirmed by the De- puty Clerk that the area had been posted; that the property owners had received no notice by mail, but were contacted perEonally as is required in the Los Altos Hills Ordinance. Mr. Aimsworth was ask- ed if he had seen the signs which were posted in the area on telegraph poles. He stated that he had seen the signs. It was stated by members of the Planning Commission that the Town of Los Altos Hills is not under the jurisdiction of the County Ordinance. Mr. Aimsworth stated that his principle objection to this lot was that eleven septic tanks would drain onto his property. He stated that the County Planning Commission had, on several occasions, turned down this variance. Chairman Williams pointed out that members of the Planning Commis- sion had called the County Planning Commission office in an ef- fort to find out the reasons the Cassel variance had been denied. They were told that no records were kept longer than one year. It was pointed out that the approval of septic tanks is a matter for the Santa Clara County Health Department, and that the var- iance granted by the Planning Commission only approved the lot in legard to size, and that other agencies must approve it before the ot can be built upon. Mr. Aimsworth further stated, "Mr. Cassel is not the owner of the roperty, but the brother of the owner." He said, "I object to he form of the application as being insufficient." He read Section 34.5 of the Santa Clara Zoning Ordinance. Mr. Aimsworth stated, "I do not think that this a hardship case, but it is a commercial one. Mr. Cassel wants to sell the land." Mayor Treat was present and commented that the question is a legal one, and that the City Attorney is making an investigation regard- ing this variance. Again Mr. AimsWorth stated that he wanted his appearance to be 6 matter of record and stated that sufficient notice and legal notice was not given. He also stated that it was not proven at the hear� ing that the man appearing at the hearing and signing the affadavit was the legal owner. Commissioner Mellquist stated that the variance was handled in good faith by the Planning Commission and under the advice of the ity Attorney. Commissioner Tantau stated that the Planning Commission appreciated Mr. Aimsworth's interest and it was sug ested that perhaps he may like to sit in on some ol the Study SessfOns of the proposed Zoning Ordinance. Commissioner Mellquist was eXCused. 4-10-58 -5- 4. Fremont Hills Unit (91-57) 54 lots. Pngr. L. G. Brian. (4w Chairman Williams reid the recommendations of the meeting of November 160, 1957. Mr. Riley mentioned that the map had been give4 tentative approval on November 23rd, 195?, and that at this time *e wanted final ap- proval so that the Map could go to the Council. The approval of the Health Department has not been received, but Mr. Riley stated that it is expected in a day or so. RECOMMENDATION: That the Map Committee be authorized to check this map of Fremont Hills Unit #5 (91-57) 54 lots for agency approval against our minutes of November 23rd, 195? and forward to the City Council if all is in order. MOTION: Spain; SECOND: Tantau; VOTE: Passed unanimously Commissioner Sherlock mentioned planting a tree in the center of the cul-de-sacs, designating a ten (10) foot diameter before paving. 5. Personnel Meeting - The meeting adjourned to a personnel meeting. MEETING ADJOURNED: 9:55 P. M. NEXT REGULAR MEETING: Saturday, April 19!b, 1958 at 8:30 A. M. at the Town Hall, 26379 West Fremont, Los Altos Hills. Respectfully submitted, jlm 4-10-58