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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: 12 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 4