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HomeMy WebLinkAbout04/14/1976VARIANCE AND PERMIT COMMISSION Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, April 14, 1976 Reel 49, Tract 1, Side I, Count I to 490. Chairman Perkins called the meeting to order at 6:45 p.m. in the Council Chambers, Town Hall, Los Altos Hills, California. A. ROLL CALL: Chairman William Perkins, Commissioner William Hahn. Also Present: Alexander D. Russell, City Engineer; Kenneth R. Pastrof, Town Planner; and Donna Pennington, Secretary. Absent: Commissioner Judith Carico B. CONSENT CALENDAR: Approval of the Minutes of March 24, 1976. Chairman Perkins accepted the minutes as submitted. C. PUBLIC HEARINGS: LANDS OF SIUDZINSKI ( The Staff Report was given. The Sludzinskis wished to build a hone on land �I that Is not further subdividable and that currently has two habitable struc- tures already on It. In order to do so, they need a variance from Section 9-4.601(c), (1)(1), and (1)(2); and Section 504(b)(2); a Building Site Approval, and a Conditional Use Permit. Chairman Perkins opened the Public Hearing of the first variance request, which had to do with private roads. He Invited the applicant to speak. Mr. J. Sludzlnski Introduced the long-time tenants of the two dwellings to the Commission, and told the Commission that the occupants of the smaller dwelling would be required to vacate the premises if Condition 9 of the Staff Report were adopted. That was the only Condition he was reluctant to comply with. Chairman Perkins thanked him and called upon Stephen McReynolds, 27110 Moody Court. Mr. McReynolds had on objection to another dwelling being built on the site; he did not feel it would place an undue burden on the private road, Moody Court. He would object to the Town requiring that that road be Improved, as he liked It the was. There being no other speakers, Chairman Perkins closed the Public Hearing. Chairman Perkins thought this was rural living at its greatest. It was not according to code, but It was really going to be a delightful place. He would have liked to have been able to see the whole picture of development 4 for the area at this time, however, rather than just this one small section. Chairman Perkins asked Mr. Pastrof to read aloud the six conditions which the Code required be met before a variance could be granted. This was done, and in each instance, it was found the application met the requirements of the Code. VARIANCE AND PERMIT COMMISSION MINUTES - April 14, 1976 LANDS OF SIUDZINSKI - Continued RECOMMENDATION TO THE CITY COUNCIL: MOTION RE VARIANCE TO SECTION 9-4.601 Commissioner Hahn moved, seconded by Chairman Perkins, that the Variance and Permit Commission recommend that the City Council grant the application of the LANDS OF SIUDZINSKI for a variance from Section 9-4.601(c), (i)(1), and (i)(2) of the Los Altos Hills Municipal Code. The motion passed unanimously. LANDS OF SIUDZINSKI - BUILDING SITE APPROVAL REQUEST Chairman Perkins opened the Public Hearing on the Building Site Approval Request and that application was reviewed, as were the Staff recommended Conditions listed In the Staff Report of April 9, 1976. The consensus was to insert a phrase in Condition Number Eight, so it read (in part): "8. The wood garage along Toyon Place, a private driveway, " No changes to the other conditions were made. The Chairman of the Pathway Committee, Mrs. Elizabeth Fiksdal, advised that her Committee had met and reviewed this application, and had no recommendations. Chairman Perkins closed the Public Hearing. RECOMMENDATION TO THE CITY COUNCIL: MOTION RE BUILDING SITE APPROVAL REQUEST Commissioner Hahn moved, seconded by Chairman Perkins that the Variance and Permit Commission recommend to the City Council that it approve the Building Site Approval request of the LANDS OF SIUDZINSKI, subject to the Conditions listed in the Staff Report of April 9, 1976, as modified by this Commission, this date. The motion passed unanimously by Roll Call vote. Conmissi oner Hahn moved, seconded by Chairman Perkins that the Variance and Permit Commission recommend to the City Council that It find the LANDS OF SIUDZINSKI to be categorically exempt from the California Environmental Quality Act, and that a declaration to that effect be filed with the Santa Clara County Recorder. The motion passed unanimously. LANDS OF SIUDZINSKI - REQUEST FOR VARIANCE FROM SECTION 504(b)(2) Chairman Perkins opened the Public Hearing on the request for a variance from the Code's setback requirement. It was noted that the larger of the two exist- ing homes was only five feet from the property line and that failure to grant this request would render that structure non -conforming, and subject to razing or relocation. The dwelling Is in goad con dlti on and has a remaining life expectancy of about thirty years. Chairman Perkins invited comments from the audience. There being none, he closed the Public Hearing. Commissioner Hahn moved, seconded by Chairman Perkins, that the Variance and Permit Commission recommend to the City CounclI that the LANDS OF SIUDZINSKI lliiiw request for variance from Section 504(b)(2) be approved. The motion passed unanimously by Roll Call vote. At the direction of Chairman Perkins, the final request, for a Conditional Use Permit for the larger of the two existing dwellings, was placed on the Planning Commission agenda under New Business. -2 VARIANCE AND PERMIT COMMISSION MINUTES - April 14, 1976 C. PUBLIC HEARINGS: LANDS OF DETRICK Mr. Pastrof gave the Staff Report. The parcel requires Building Site Approval because It Is a lot of record of more than ton years duration. Since the property has a history of slope Instability, the Town Geologist placed certain conditions on all Improvements to It. Imposition of these conditions would limit the area in which there can be construction. Thus, the applicants also request a variance from Municipal Code Section 9-5.504(b), Setbacks. Chairman Perkins opened the Public Hearing. He called upon Frank W. Saul, 27977 Via Ventana, who sold the lot to the Detricks. Mr. Saul asked that the Detricks' request be approved. Chal man Perkins thanked him and called upon the applicant. Mr. Shelly Detrick noted that there had been many soli reports on the property. He read excerpts from one prepared by Dave Dunham. Mr. Detrick asked that his application be approved without the condition that a statement of the level of risk due to slope Instability be placed on theproperty's title. Chairman Perkins suggested that Condition (Number seven in the Staff Report) be re -worded, If the City Attorney approved, as follows: "That there be a statement on the property title that the property has a potential land stability problem and those problems have been investigated and the subject of the Investigations are on file at Town Hall." &4W Chairman Perkins called upon Mr. John Riddle, 14228 Amherst Court, which was directly across the street from the subject property. He advised that the hill was In movement and asked where did the ultimate responsibility rest In the event the applicant's new house had a deleterious effect on neighboring properties. Mr. Pastrof responded that in the event the house should fail, it would be declared a nuisance and be required to be torn down. Mr. Russell pointed out that this parcel was created some years ago and if the application is denied, the Town might have to buy this parcel of land. Mr. Riddle asked that the matter be tabled to allow more time for study. It was generally agreed, however, that the subject property had been fully Investigated over the past few years. There being no other requests to speak, Chairman Perkins closed the Public Hearing. MOTION: Re Building Site Approval Chairman Perkins moved that the Variance and Permit Commission recommend to the City Council that the request of the LANDS OF DETRICK for Building Site Approval be approved subject to the conditions listed In the Staff Report of April 9, 1976, with Condition 7 rewritten at the direction of the City Attorney to read, in essence, that the slope Instability of the property has been Investi- gated in detail, and the results of those Investigations are on file in Town Hall. The motion failed for lack of a second. Mr. Pastrof advised the Detricks that the variance request was moot, and that t their request for Building Site Approval would be heard by the City Council on fir' Its agenda of April 29, 1976. - 3 - VARIANCE AND PERMIT COMMISSION MINUTES - April 14, 1976 C. PUBLIC HEARINGS: Lands of Antunes Lands of McCandless, and Lands of Elster. Mr. Pastrof advised that the above named applicants had asked for a continu- ance In order for them to obtain further Information. MOTION Commissioner Hahn moved, seconded by Chairman Perkins, that the Lands of Antunes, Lands of McCandless and Lands of Elster be continued to the meeting of April 28, 1976. D. NEW BUSINESS: None E. OLD BUSINESS: None F. ADJOURNMENT: 8:15 p.m. There being no further business, It was moved and seconded that the meeting be adjourned. far dp - 4 - Respectfully submitted, Donna Pennington Recording Secretary