HomeMy WebLinkAbout02/09/1983VARIANCE AND PERMIT COMMISSION
Town of Los Altos Hills
26379 Fremont Road
*04 Los Altos Hills, California
MINUTES OF A REGULAR MEETING
Wednesday, February 9, 1983
Reel 104, Side I, Tract I, 000-518
Chairman Stewart called the meeting to order at 6:15 p.m. in the
Town Hall Council Chambers.
A. ROLL CALL:
Present: Commissioners Lachenbruch, Stewart and Struthers
Absent: None
Staff: Assistant Planner Pat Webb; Secretary Leslie Mullins
B. CONSENT CALENDAR:
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1. Variance & Permit Minutes - January 0, 1983
MOTION SECONDED AND CARRIED: Moved by Lachenbruch, seconded by
Struthers and passed unanimously to approve the January 9, 1983
Variance & Permit Minutes as amended. On page two, first paragraph,
last sentence add: "Commission also requested that applicant
submit landscape plan for screening of the solar collectors from
all off site vantage points."
C. PUBLIC HEARINGS:
1. Lands of Fritz, File #VAR 9-82, 13303 Lennox Way, Variance
request to allow a maximum height encroachment of six feet
above the building envelop and building coverage in excess
of the 44% building coverage requirement by 900+ square feet
for construction of a new residence.
Ms. Webb referred to her staff report of February 3, 1983,
giving a brief background description of the property and
location. Ms. Webb noted this request meets the criteria
for granting of a variance, noting the proposal will be
harmonious with the natural environment and other homes in
the area. Ms. Webb further noted, there have been no
written or verbal objections to this request, therefore,
staff recommends approval with conditions as outlined in
February 3, 1983 staff report.
The Public Hearing was then opened.
Mr. Larry Rusell, 13331 Lennox Way, asked that commission
deny the variance, noting he would like to see this lot
built upon without a variance.
Mr. Barber, 13290 Lennox Way, concerned about 1) drainage,
noting there has been in the pastserious problems; and 2)
height of house, mainly due to aesthetic reasons.
Variance & Permit Minutes - February 9, 1983
Page Two
PUBLIC HEARINGS•
1. Lands of Fritz, (continued)
Mr. Joseph Bellomo, designer of residence, indicated to commision
that this is a very difficult lot to build upon because of area
size, also gave a brief description of the functions of the
Thermal Mass, circulatory system and drainage improvements being
proposed.
Mr. Alan Fritz, owner, indicated they have worked on this proposal
for a long time, taking into account drainage, views, etc. Mr.
Fritz noted this house is harmonious with the surrounding area.
Commission noted they are not sure the functions of solar would
be changed by modifying the structure so that it falls within the
envelop, and it would be difficult to find exceptions as required
by State law. It was suggested that the applicant look into
either designing the house smaller to fit the lot or changing
the grade, noting application may get some more house without
a variance.
The Public Hearing was then closed.
MOTION SECONDED AND CARRIED: Moved by Lachenbruch., seconded by
Struthers and passed unanimously to deny without prejudice,
Lands of Fritz, File #VAR 9-82, noting the request for encroach-
ment into building envelop does not satisfy criteria #1, 2, and
`r 3 for granting a variance; commission noted the request for
exceeding MDA can be justified and noted we encourage the applicant
to come back with revised request.
Lands of Tyler, File #VAR 10-62, 12800 Alta Verde Lane,
Variance request for encroachment into rear yard setback
for solar panels.
Ms. Webb reviewed the supplemental staff report dated February
3, 1983, noting this item was previously heard by the Variance &
Permit Commission on January 12, 1983 and was denied without
prejudice so the applicant could return with new plans showing
all pertinent information. Ms. Webb indicated as a result of
the site visit with commission, staff and applicant on January
24, the applicant has re -submitted plans, noting the new proposal
is for a variance request for a 7' encroachment into the rear
yard setback. Ms. Webb further noted applicant did not submit
a landscape plan; and there were still some inaccuracies on
the newly submitted plans, i.e. location of north/south and
scale of property. Ms. Webb noted if the commission wished to
approve this variance request, statements related to the six
criteria for granting of a variance would need to be addressed.
The Public Hearing was then opened.
Mr. Tyler, 12800 Alta Verde Lane, indicated the location of north
and south and the scale of the drawing were not applicable; and
informed commission a representative of the Environmental Design
Commission was at his house earlier in the day and spoke with his
gardener and gave suggestions of types of plantings for screening
of the solar panels from off site.
Variance & Permit Minutes - February 9, 1983
Page Three
C. PUBLIC HEARINGS:
t.
�I
2.
Lands
of Tyler:
(continued)
The
Public
Hearing was
then closed.
MOTION SECONDED AND CARRIED: Moved by Lachenbruch, seconded by
Stewart and passed unanimously to recommend approval of the variance
request, Lands of Tyler, File #VAR 10-82, 12800 Alta Verde Lane,
to allow a seven foot encroachment into the rear yard setback for
placement of solar panels. The criteria for granting of a variance,
as specified in Section 9-5.1107 of the Municipal Code were met as
follows:
1. Exceptional or extraordinary circumstances exist due to the property
being located in a valley with large street trees in the public
right-of-way, which limits the options for retrofitting solar
collectors to location approved.
2. Literal enforcement of the provisions of this chapter would
result in practical difficulties.
3. Strict application of the provisions of this chapter would
deprive the property of privileges enjoyed by other property
owners in the vicinity.
4. Granting of this variance will not be materially detrimental
to the public welfare or injurious to the property or improve-
ments in the vicinity, subject to Condition 1 below, regarding
landscaping.
5. This variance will not authorize a use or activity
which is not otherwise expressly authorized by the
zoning district regulations.
6. The granting of this variance will be in harmony with
the general purpose and intent of the Municipal Code
and General Plan.
CONDITION 1. Prior to final inspection by the Building official,
the applicant shall submit a landscape plan to screen structures
from all off site vantage points, and shall be approved by the
Environmental Design Committee.
D. ADJOURNMENT:
There being no further new or old business, the meeting was
adjourned at 7:50 p.m.
Respectfully submitted,
Leslie Mullins
Engineering/Planning Secretary
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