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HomeMy WebLinkAbout07/28/1976VARIANCE AND PERMIT COMMISSION Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, July 28, 1976 Reel 53, Side I, Track 1, 002-270 Chairman Hahn called the meeting to order at 7:25 P.M. in the Council Chambers, Town Hall, Los Altos Hills, California. ROLL CALL: Chairman Hahn, Commissioner Rydell. Commissioner Stewart was absent. Also present: Kenneth Pastrof, Town Planner; Alexander Russell, Town Enqineer; Ethel Hopkins, Secretary; and Robert Crowe, Town Manager who arrived at 7:45 P.M. CONSENT CALENDAR: MOTION: It was moved by Chairman Hahn and seconded by Commissioner Rydell to approve the item on the Consent Calendar, the Minutes of the July 14th 4. Meeting. Motion passed with aye votes from both Commissioners. PUBLIC HEARING: 1. Lands of Utter-Sensenbrenner, Southeast corner of Page Mill and Altamont Road, i e - eques or ecommendation of Approval of Building Site Approval. Mr. Pastrof discussed the background on the subject property, noting that in 1969 the lot was created as a part of Tract 4713. He noted that at that time two conditions were imposed on the property. They were: 1) that the existing fence and improvements on the dedicated 30 foot right-of-way on Lot 1 frontage was to remain in the right-of-way but was to be removed on demand of the Town at the owner's expense; and 2) that a ten foot easement be granted on the easterly side of the property (Page Mill Road) and that the fence would be moved back by the Town the necessary ten feet. Condition No. 1, Mr. Pastrof noted, still has not been accomplished; and one of the issues of major concern to the present owner if this condition were effected is a number of mature trees in the 30 foot setback area that would change ownership from private to public property. Condition No. 2 has not been accomplished, Mr. Pastrof noting that possibly this was more than the original owner was willing to do. Rather than comply with the conditions, the notation "Not a buildable site - fees to be picked up later" was added to the map. Mr. Pastrof noted that in reality there were few problems connected with developing the lot. It contains 2.20 acres, and with dedications becomes 1.85 acres. The 1.85 acre parcel leaves ample room for all kinds of amenities in addition to the house on the property. MINUTES OF THE VARIANCE AND PERMIT COMMISSION - July 28, 1976 PUBLIC HEARING: (Lands of Utter-Sensenbrenner) (Continued) Discussion followed among Commissioners and staff concerning the reasons for the lack of compliance with conditions in 1969 when they were originally imposed. Mr. Hahn called attention to the fact that other fences further down Altamont not being moved back, asking the question of where the path actually is intended to go. It ends up nowhere even with the present requested dedication. Mr. Pastrof could not answer this question, noting that he did not know the 1969 Pathway Committee's intention. There were no plans, he said,to require neighbors to relocate fences. There were further questions concerning why the lot was noted not to be a buildable site, with Mr. Pastrof surmising it was simply a matter of economics. He noted further than the originally intended two lots were now one probably because there were no slope density ordinances in effect in 1969. Mr. Russell noted that definite- ly economics were involved in the delaying of Tract 4713. Mr. Zappetini, the owner, was in the flower growing business and did not want to comply with moving the fence. It would have destroyed some of .his plants. Chairman Hahn opened the hearing to the public. Sue Kanitsk 279 Central Drive Los Altos Hills expressed her concern for the sa e y 0? c i ren wa ng along Page Mill Road. She noted the need to remove the oleander and the fence in the interest of improving a hazardous traffic area. E Bill Utter, 76 Happy Hollow, Menlo Park, applicant, expressed his concern for the pine�wFicfi 5i pTac�i e�publ-ic rift of way on Page Mill Road if the fence were removed. He did not want the trees cut down. Mr. Hahn questioned the applicant concerning why he had not expressed this concern at the time of the Subdivision Committee meeting. Conditions 6 and 7 were imposed at that time, he said. Mr. Pastrof noted, however, that it was not a necessity that trees be cut, but that a path could meander through the trees. This has been done with other subdivisions having trees when the desire was expressed for them to remain. Jose h Dochnah1 27960 Central Drive Les Altos Hills gave some background on the a way ommit ee recommen a ons in , noting that they at that time did not think it necessary to remove the oleander bushes then, probably because they were so much smaller. He noted, however, that at the present time you must go beyond the stop sign on Page Mill to get a good line of sight at the intersection. Mr. John Rile P. 0. Box 111 Los Altos en sneer for thea licant, asked the ariance ermi ommiM 5 o c ange on i ion o rel - e comp ete removal of the fence and disposal of it rather than the resetting of it on the 30 foot line. Chairman Hahn at this point closed the public hearing. There was discussion on the removal of the fence request, with Mr. Russell noting that it should be the option of the Town to decide if the fence will remain or not, and that if it is to be removed, it should be at the applicant's expense. Mr. Utter kw stated from the floor that if the Town took 10 feet off his property, the Town should remove the fence. Mr. Russell added that one reason for the Pathway request -2- MINUTES OF THE VARIANCE AND PERMIT COMMISSION - July 28, 1976 4W PUBLIC HEARING: (Lands of Utter-Sensenbrenner) (Continued) on this property on Page Mill Road was that it was the old County Line. The path could not go in the County side because the Town has no jurisdiction there. The existing fence on the Utter-Sensenbrenner property is on the corporate limit. There was discussion on horses travelling the path along the Page Mill Road side, but it was determined that this was a dangerous area for horses to be. Most important of all, however, it was dangerous for school children. Mar o Sensenbrenner artner of thea licant Mr. Utter, expressed concern that IT t e fence were to en own, u ing materials couldeasily be "ripped -off'. Mr. Pastrof noted that the City Manager has been instructed not to remove the fence until after construction has been completed and the final inspection has been made. MOTION: It was moved by Commissioner Rydell and seconded by Chairman Hahn that the applicant shall totally move or remove the chain-link fence along Altamont Road. Motion passed with aye votes from Commissioner Rydell and Chairman Hahn. MOTION: It was moved by Chairman Hahn and seconded by Commissioner Rydell, that the Commission recommend approval of the Lands of Utter-Sensenbrenner, File #BSA 6072-76 with conditions as modified by the change on Condition 11. Motion passed with aye votes from both Commissioners. 6W MOTION: It was moved by Chairman Hahn and seconded by Commissioner Rydell that a categorical exemption under the Environmental Quality Act be filed with the Santa Clara County clerk for the Lands of Utter-Sensenbrenner, File #6072-76. Motion passed with aye votes from both Commissioners. There was further discussion on whether the trees would be removed or defaced, and whether a Condition should be added that the trees should not be removed. Commissioner Rydell stated, however, that concern had been expressed for the safety of school children along Page Mill Road. He could not, he said, support a Condition that would guarantee that the trees would not be removed. Instead, he would support a recommen- dation to Mr. Crowe that the fence along Page Mill Road not be removed until con- struction is completed, but that the oleander along Page Mill be maintained as soon as possible. There being no old business or new business, Chairman Hahn adjourned the meeting at 8:18 P.M.. Respectfully submitted, Ethel Hopkins Secretary. -3-