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HomeMy WebLinkAbout10/27/19764 VARIANCE AND PERMIT COMMISSION Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, October 27, 1976 Reel 54, Side 1, Tr. 1, 449 to 938 Vice -Chairman Carico called the meeting to order at 6:35 P.M.. ROLL CALL: Present: Commissioners Young and Carico Also Present: Town Engineer Alexander Russell, Secretary Ethel Hopkins APPROVAL OF MINUTES: Minutes of August 25 and October 13 MOTION SECONDED AND CARRIED: It was moved by Commissioner Carico and seconded by Commissioner Young to approve the Minutes of the August 25 Variance and Permit Commission meeting. Motion passed by the consensus of the Commissioners. 6W MOTION SECONDED AND CARRIED: It was moved by Commissioner Young and seconded by Commissioner Carico to approve the Minutes of the October 13 meeting of the Variance and Permit Commission. Motion was passed by the consensus of the Commissioners. PUBLIC HEARINGS: 1. LANDS OF SORILLA, File #BSA6078-76, Arastradero and Horseshoe Lane, Marvin Wolff, ngineer, equest for Recommendation of Building Site Approval. Commissioner Carico opened the public hearing, after which Town Engineer Russell reviewed pertinent information on the subject property. He noted that the property is more than ten years old, and therefore must come before the Commission for the above request. The property is located on the borderline between the Town and Santa Clara County. He called attention to several easements on the property: one, a sixteen foot driveway easement across the northerly end of the property beginning at Horseshoe Lane; another, a twelve foot easement to serve an adjacent parcel to the north. Mr. Russell referred the Commission to a number of conditions listed on the Staff report of October 22, and after reviewing them, terminated his presentation. Commissioner Young questioned if the driveway easement parallelling Arastradero served more than one lot and if it had beenrequiredbecause no access is permitted off Arastradero. Commissioner Young's question was answered by Mr. Russell who stated that the twelve foot driveway easement across the southern end of the property �r served only the adjacent lot number eight. VARIANCE AND PERMIT COMMISSION MINUTES - October 27, 1976 4W Page Two PUBLIC HEARING: (Continued) 1. LANDS OF SORILLA: (Continued) Marvin Wolff Engineer for the A licant clarified questioning on the matter of access or parcels adjoining t e an s of Sorilla by noting that these parcels gain access by means of the easement along the northerly end of the property. Mrs. Rosen Sorilla 327 Hai ht Menlo Park addressed the Commission stating that t e on y con ition impose at the time of purchase of the property was that they were required to give a right-of-way to the adjacent property. Commissioner Carico closed the public hearing. MOTION SECONDED AND CARRIED: It was moved by Commissioner Young and seconded by Commissioner Carico that the phrase "if applicable" in parenthesis in Condition 1(a) be deleted. Commissioner Young explained that he wanted the matter of landslide potential investigaged and firmly stated in one of the conditions. The motion passed with dye votes from both Commissioners. There was further discussion on the matter of easements on the Sarilla property with discussion centering on what the easements were for, when they were granted, and what particular properties they served. Discussion was concluded when Commissioner Carico noted that these matters could be further clarified at the time of the Site Development meeting. MOTION SECONDED AND CARRIED: It was moved by Commissioner Young and seconded by Commissioner Carico to recommend approval of the building site approval request for the Lands of Sorilla, File #BSA 6078-76 with conditions as amended by the Commission. Motion passed with aye votes from both Commissioners. MOTION SECONDED AND CARRIED: It was moved by Commissioner Young and seconded by Commissioner Carico, to file a notice of a categorical exemption from the Environ- mental Quality Act for the Lands of Sorilla, File #BSA 6078-76. Motion passed with aye votes from both Commissioners. 2. LANDS OF HARRIS, File #VAP,. 7008-76, 12243 Tepa Way, Shahinian & Associates, Engineers, Request for Recommendation of Approval of Variance for Tennis Court. Town Engineer Russell began the discussion on the above matter by noting that the request for variance had been denied without prejudice in 1974. This meant that the applicants could return in the future without incurring further costs. Mr. Russell noted that one of the possible questions on the property is determining which is the side yard and which is the front yard. Under the Town Municipal Code, this could be determined at the discretion of the City Manager, and this in turn could be a factor in the amount of the variance needed by the Harrises; i.e., whether Moody Road or Tepa Way is the front of the property. VARIANCE AND PERMIT COMMISSION MINUTES - October 27, 1976 E Page Three �r PUBLIC HEARING: (Continued) 2. LANDS OF HARRIS: (Continued) Mr. Russell noted that one of the problems on the property several years ago when the variance was under discussion waswater run-off from the property flowing onto the parking lot at Foothill College. Since that time, the County Water District's requirements have been satisfied with the Harris proposal to build a wall back from the creek to divert the water flow. There were several trees that would be removed, but otherwise the tennis court could be shielded by landscaping from the view of any passing motorists. Mr. Russell concluded his discussion of the request. Commissioner Young stated that he felt that Tepa Way was the proper frontage for the Harris property, and that he did not support the idea that the City Manager could determine that Moody Road was the frontage. There was too much difficulty with access from the Moody Road frontage. He also wanted to know what provisions would be made in constucting the tennis court for a possible heavy flooding. Mr. Russell stated that when the bypass was put in for Adobe Creek several years ago, it was to take care of a one hundred year flood condition. Commissioner Young continued in his questioning on the possibility of flooding in the area by stating that his concern was that creek water could flow backward onto the tennis Lcourt. Fngineer Russell suggested the possibility of requiring a pump in the area to guard against this. Another idea put forward to guard against flooding was rotating the tennis court so that it would be parallel to the guest house on the property. Commissioner Carico opened the hearing to the public. Vau h ShahinF f En ineer for the A licant addressed the Commission with several sta emen s on a reel o e remove rn Lne construction of the tennis court. None of them were native, he noted. He noted that the request had been stymied in 1974 because of the problems of flood control. The proposed retaining wall was to make the bank a vertical one, and that this was not a change of the course of the bank, but a change of the slope. He was not in favor of the proposal to change the location or orientation of the tennis court since it would encroach on the guest house and yard area, and as proposed was in a true north orientation.. Also, changing the bank would encroach on the Flood Control District and this would not be permitted. Mrs. Harris, 12243 Te a Wa addressed the Commission with the statement that she couid not t tAin o a lot rn the Town that is safer from flood. She noted the various measures taken by the Water District to prevent the possibility of flooding. Dr. Harris, 12243 Tepa Way stated that the Flood Control District has set up a system w ere t e water from the Creek cannot overflow, noting that once the natural creek came to eighteen inches, it would spill into an outage drain. Discussion was concluded on landscaping, on the matter of a condition that there be no lighting for this tennis court, on the height of the fence for the court, and on the matter of drainage for the court. It was agreed by all present that this matter (variance for Lands of Harris) would appear on the Commission agenda at the VARIANCE AND PERMIT COMMISSION MINUTES - October 27, 1976 4 Page Four PUBLIC HEARING: (Continued) 2. LANDS OF HARRIS: (Continued) next meeting when specific conditions on these items would be imposed. MOTION SECONDED AND CARRIED: It was moved by Commissioner Young and seconded by Commissioner Carico that the following statement be made on the Lands of Harris Variance: Since the original 1974 application for variance on the Lands of Harris, the problems of flood control appear to be mitigated to such an extent as to pro- vide no hazard to this dwelling and those downstream from it. The Variance and Permit Commission is of the opinion that if certain conditions can be met, the variance should be granted. Motion passed by the consensus of both Commissioners. The Commissioners directed that Town Engineer Russell make up conditions for the Commission to vote upon. There being no further old or new business, Vice -Chairman Carico adjourned the meeting at 7:43 P.M.. 4W Respectfully submitted. Ethel Hopkins Secretary 440