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HomeMy WebLinkAbout06/09/1976RARIAiICE A8lD PERMIT CO`i'SSSIOI! Town of Los Altos Hi':is 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR PEETINr Wednesday, June 9, 1976 Reel 52, Side 1, Track 1, 001 to 366 Commissioner Vlilliam Hahn called the meeting+ to order at 6:30 p.m. in the Council Chambers, Tot -in Hall, Los Altos Hills, California. A. ROLL CALL: Commissioner Hahn, Commissioner Stewart ��-� -GFO(eh^^ Commissioner Rydell was absent. ( p Also present: Alexander D. Russell, city Engineer; Kenneth R. Pastrof, Town Planner; E. Hopkins, Secretary Commissioner Hahn noted that Commissioner Rydell had become the third member of the Variance and Permit Commission since Mrs. Schick's resignation had been set aside by the City Council. commissioner Rydell had been previously designated as an alternate member. ELECTION OF OFFICERS TO THE VARIANCE AND PERMIT COMISSION: Commissioner Stewart nominated Commissioner Hahn as Chairman of the Commission. Commissioner Hahn nominated Commissioner Stewart as Vice -Chairman of the Commission. B. APPROVAL OF MINUTES - April 28, 1976 and May 26, 1976. Chairman Hahn stated that since the commissioners present at these meetings were no longer on the Variance & Permit Commission, he would contact them and seek their approval of the minutes of the above mentions. MOTION: Chairman Hahn moved, seconded by vice -Chairman Stewart, to move the approval of the minutes of the April 28 and ?lay 26 meetings to the next regular meeting of the Commission. C. PU-uLIC HEARINGS: 1. LANDS OF RUSSELL, 13620 Hillway Drive, Request for Variances to Code requirements and for Building Site Approval. Town Planner Ken Pastrof reviewed the history of the requests made on the Lands of Russell, noting that the previous Variance and Permit Commission meeting had passed on the first of five pieces of legislation, and had granted approval of VAR #7030-76, a variance to Section 9-4.601(i) (1), Number of Parcels Allowed on Private Roads. VARIANCE AND PERMIT COMMISSION MINUTES - June 9, 1976 C. PUBLIC HEARINGS: 1. LANDS OF RUSSELL: (Continued) -2- Mr. Pastrof noted that what was before the Comr.ission at this time was the request for Building Site Approval, and specifically the request by the Santa Clara valley Nater District for a dedication of 15% of the land in the acre parcel for the purpose of flood control. Mr. Pastrof .7 stated that residents living along this creek wanted the creek left in its natural state, but the Nater District felt that even in order to comply with these wishes it needed certain maintenance rights. Considerable discussion ensued with Vice -Chairman Stewart noting that with the dedication the size of the parcel would be reduced when the parcel was already undersized for present Town standards. Vice - Chairman Stewart also tried to clarify the difference between a dedica- tion and a right-of-way. Under a dedication, the 'later District would own the land and would pay severence fees to the owner. If the !later have to Spell District had a right-of-way or easement, the Town would out very clearly what it meant that the Nater District could do. Chairman Hahn &st:cc'ic,` _Here:':ere ot':er'.at alonn'be;cr;^.ek!,'hsre similar requests had been made, and it was pointed out by the City Engineer that there was some discussion of a dedication with the Adobe Creek Use Permit, but none had been nade. Chairman Hahn then asked if the owner had any comments on this request. John Riley> 24855 Summerhill Road, Los Altos, Engineer for the A licant "an aTdresse a ommtsston stating t at e fe t t at t is sou e new purchased by the hater District. He pointed out that this is not a building site, but had had a building on it for twenty years. The Nater District's request was unreasonable. Discussion continued between Chairman Hahn and Staff concerning the Hater that District's purchasing the land it wanted. The Town Engineer noted applied to large basically the Nater District's policy of land acquisition for flood control protection, parcels. --It is a reasonable policy needed and that is the case here." said Engineer but at times can be overdone Russell. MOTION: Coatimissioner Stewart moved, seconded by Chairman Hahn to deny a dedication request from the Santa Clara Water District for a strip of land along the creek.bed on the Lands of Russell for the purpose of flood control. Motion passed with aye votes from both Commissioners. Discussion continued on the conditions for the BSA request on the Lands that Mrs. Russell of Russell. Mr. John Riley informed the Commission that the City would and the City of Los Altos had reached the agreement bridge that connects her property with Shoup Park remove the entire in Los Altos. (This bridge is Condition No. 6 on the list of conditions, and was deleted by Motion and vote at the Commission meeting of May 26.) -2- VARIANCE AND PERMIT COC"MISSION MINUTES - June 9, 1976 C. PUBLIC HEARINGS: fir' 1. LANDS OF RUSSELL: (Continued) Mr. Pastrof moved on to Condition No. 7, noting that if the Conditional Use Permit was not granted, this condition should also be removed from the list of conditions. Vice -Chairman Stewart noted that if a new primary dwelling were built, it should conform to setback requirements with Mr. Pastrof noting that this was an automatic requirement under site development regulations. Chairman Hahn asked for comments by neighbors. There was no response. MOTION: Chairman Hahn moved, seconded by Vice -Chairman Stewart to approve the Request for Building Site Approval #BSA6n69-76 as amended with the removal of Condition No. 6. Motion passed with aye votes from Commissioners Hahn and Stewart. MOTION: Chairman Hahn moved, seconded by Vice -Chairman Stewart, to file for the "categorically exempt" provision of the California Environmental Quality Act for the Lands of Russell, BSA #6069-76. Motion passed with Aye votes by both Commissioners. Discussion ensued on Variance Request #VAR 7028-76, a request to grant setback variance on the existing structure. Nr. Pastrof noted that this structure could be called an accessoryiellnsecondassured ry d<'"ellhe commission that this does not mean they were approving a Chairman Hahn noted the discrepancies between various reports on the actual age of the existing structure. Mr. Pastrof responded that these were typographical errors. MOTION: Chairman Hahn moved, seconded by Vice -Chairman Stewart, to approve the request for variance, File VAR.7028-76, clarifying this motion by stating that he was requesting the variance and not discussing a second dwelling on the lot. The motion passed on the aye votes of both Commissioners. The last legislation discussed concerning Lands of Russell was the request for variance VAR.#7031-76. Mr.Pastrof noted that the lot in question was created prior to incorporation, so that the applicant can request a Conditional Use Permit for a secondary dwelling on a lot that is less than one acre. Vice -Chairman Stewart raised the question of how the Commission would proceed if this were a vacant lot with no structures on it. Town Planner Pastrof noted that in the case of the Lands of Pabst, the BSA was granted with no restrictions onthe sizeld f the entedSe.Theon- sideration of a secondary dwelling,however, original lot, however, did not have structures on it. Commissioner Stewart noted that Ordinance 9.5.703(k) does not al loei a secondary dv+elling with existing structures. MOTION: Chairman Hahn moved, seconded by Vice-Chairmanat rt,hthat based on the fact that the lot is .7 of an acre, and th viewed dw alked around the lot, that the request for Variance #7031-76 an be denied. Motion passed with aye votes by both Commissioners. VARIANCE AND PERMIT WIMISSION MINUTES - June 9, 1976 1. LANDS OF RUSSELL: (Continued) In the discussion that ens42d between the eppiicant, the applicant's engineer and Commission members regarding the denial of the variance request, Vice -Chairman Stewart informed the applicant that while the Comcission had denied the regrest on the Lands of Russell, the Cit,; Council could Possible override this denial. 2. LANDS OF F."!TUNES, 13264 Rhoda Drive, Request for 'Variance and Building Site Approval. f"r. Pastrof, Town Planner, addressed the Coi,mission erith the reasons for Via request for variance, citing the difficult topography and the unfavorable percolation test on this lot. The applicant is seeking a departure from anything the Town has done before. The variance is to the setback to the structure; a bridge will cross over the existing swale on the property to eive access to the house. Staff believes it is a good design. Discussion ensued reaardinq any further alternatives, s,:ch as granting an easement over adjoining property. f1r. Gabriel Rn tunes, 1612 Bellville !'Jay Sunnyvale, addressed the C,ommissior to e e fest that tis request for a variance "las his last resort as an access to his property. None of his neighbors wished to grant him an taw eeser!ent across their land. Mr. Pastrof noted that we do have sr.me existing geology and a soils report on the existing lot. Perhaps Condition lb could be waivod. t'IDTION: Vice -Chairman Stewart, seconded by Chairman Hahn moved that Condition lb be waived by the Town Geologist after investigation of the geology report on the adjoining property, Lands of Claus -now Lands 0 Kaplan, if he finds that the report for this property is adequzie. (This Condition was to be Condition lc on VAR.,Y7032-76.) Motion passed with aye votes from both Commissioners. Mr. Pastrof noted that Condition Is re^iuires the submission of a report. rDTION: Chairman Hahn :roved, seconded by Vice -Chairman Stewart, to anprove the Request for Variance $VAR7032-76, Lands of Rntunes, as amended with the addition of Item lc. 6lotion passed .,ith aye votes from both Compaissicners. MOTION: It was moved by Chairman Hahn, seconded by Vicc-Chairman Stewart, to request approval cf BSA46C55-76, La: -,ds of Rntunes. Motion passed with aye votes from both Comnissiooera. Mol,ION: It was mover by Chairman Hahn, seconded by Vice -Chairman Stewart, to file a negative declaration declaring this property catenorically exenpt from the California Environmental Quality Act. Plotion passed by consensus vote. -4- VARIANCE AND PERMIT COMMISSION MINUTES - June 9, 1976 %W C. PUBLIC HEARINGS: 3. LANDS OF TIEFERT, 10490 Albertsworth Lane, Request for Variance MOTION: It was moved by Chairman Hahn and seconded by Vice -Chairman Stewart to move this item to the next meeting of the Commission as requested by Staff. Motion passed with aye votes from both Commissioners. F. ADJOURNMENT: There being no Old Business or New Business to discuss, Chairman Hahn adjourned the meeting of the Variance and Permit Commission at 7:45 p.m.. Respectfully submitted, Ethel Hopkins Secretary �W -5-