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HomeMy WebLinkAbout04/13/1983VARIANCE & PERMIT COMMISSION Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, April 13, 1983 Reel 104, Side II, Tract II, 000-355 Chairman Lachenbruch called the meeting to order at 6:30 p.m. in the Town Hall Council Chambers. A. ROLL CALL: Present: Commissioners Carico & Lachenbruch Absent: Commissioner Struthers Staff: Assistant Planner Pat Webb; Secretary Leslie Mullins B. PUBLIC HEARINGS: 1. Lands of Hwang, File #VAR 1-83, 25313 La Loma Drive, Request to allow a maximum 10' encroachment into the rear yard setback for swimming pool; and a development area in excess of the existing development area by 4,100 square feet and the allowed development area by 6,400 square feet Ms. Webb referred to her staff report of April 8, 1983 noting the request is for a maximum 10' encroachment into the rear yard setback for construction of a swimming pool and a development area in excess of the existing by 4,100 square feet and the allowed by 6,400 square feet. Ms. Webb indicated the applicant's have been caught in the transition from old to new ordinances regarding cov- erage of property, noting they had previously been granted site development permits for pool and hand ball court, but let them expire. Ms. Webb noted the topography of the lot is such that an outdoor living area is precluded anywhere else on the site except the area proposed, causing an encroachment into rear setback. There have been no verbal or written objections to this request, staff recommends approval with criteria as met in staff report dated April 8, 1963. The Public Hearing was then opened. Mr. Peter Wright Shaw, 522 Ramona, Landscape Architect, noted the style and intent is in keeping with the rural atmosphere of the Town, they will be planting erosion control also. Mr. Shaw indi- cated the final planting plan will be available at site develop- ment time. The Public Hearing was then closed. n Variance & Permit Commission, April 13, 1983 Page Two B. PUBLIC HEARINGS: (continued) Lands of Hwang thr Commission and staff discussed the development area with regard to the intent of the ordinances, noting ordinance was designed to eliminate excessive development on steeper lots, however, this case the property was designed prior to ordinance adoption. MOTION SECONDED AND CARRIED: Moved by Carico, seconded by Lachenbruch and passed unanimously to recommend approval of the Lands of Hwang, File #VAR 1-83, to allow a 10' encroachment into the rear yard setback and excessive development area by 4,100 square feet. Criteria for granting of variance, were approved as outlined in staff report dated April 8, 1983, with changes to Item #1 as follows: And addition to Condition: l.a. Exceptional circumstances exist due to the property's location on the city limit line, and its surroundings which are in undevelopable open space. l.b. Mitigating circumstances relating to development: The site development plan which was based on old ordinances has not yet been fully implemented, the existing portion of development lacks minimum amenities for outdoor living. CONDITION: ` 1. The Site Plan, dated Received February 15, 1963, is accepted �r only with complete landscape plan in accordance with Landscape Policy Resolution #1256. 2. LANDS OF CHAN, File #VAR 2-83, 12840 Normandy Lane, Variance request to allow a maximum encroachment of 9' into the rear and side yard setback for tennis court; and a development area in excess of the allowed MDA by approximately 2,500 square feet. Ms. Webb referred to her staff report of April 8, 1983, noting this request is to allow a maximum encroachment of 9' into the rear and side yard setback and to allow development area in excess of the allowed MDA by approximately 2,500 square feet. Ms. Webb noted the tennis court has been cut and trimmed (smaller than most courts). Ms. Webb noted using the guidelines as set forth in Resolution #1289 regarding impervious surfaces, staff can not recommend approval of the excessive development area. Regarding the setback encroachment request, Ms. Webb noted staff recommends approval with statements and conditions as outlined in the April 8, 1983 staff report. The Public Hearing was then opened. Mr. Jim Ransohoff, Architect, asked commission to grant approval of this request, and discussed with commission the existing dry well on property whichwill handle all drainage from the court and other areas. Commission and applicant discussed the existing development which could be removed to reduce the requested development area. Variance & Permit Commission, April 13, 1983 Page Three B. PUBLIC HEARINGS: (continued) Lands of Chan Mr. Chan, 12840 Normandy Lane, indicated he would prefer not to remove any existing areas, but if necessary, he would remove the brick area around oak tree and replace with small pebbles. Ms. Ransohoff, discussed the removal of brick around oak tree noting they could replace with small pebbles; commission indi- cated this would be counted as development area and suggested the application plant grass around the tree. Mr. Ransohoff noted it would not be good for the oak tree to water grass fre- quently. The Public Hearing was then closed. Commissioner Carico noted she was finding it very difficult to insist that the applicant remove existing patios, noting in doing this it would not help drainage problems if any exist; further noting she was in favor of granting the variance as there would be no negative impact on property or surroundings. MOTION SECONDED AND CARRIED: Moved by Lachenbruch, seconded by Carico and passed unanimously to recommend approval of the Lands of Chan, File #VAR 2-83, to allow 9' encroachment into rear and side yard setback and excessive development area by 3,200 square feet. Criteria for granting of variance approved as outlined in April 8, 1983 staff report, with changes to Item #1 as follows: l.a. Exceptional or extraordinary circumstances exist due to the property's long narrow shape, its proximity to an I-280 right-of-way and El Monte Road, and the existence of specimen oak tree m patio area which cannot tolerate watering in its proximity. l.b. Mitigating circumstances relating to existing development: 1) There exists an ideal undeveloped tennis court site on property- a) ropertya) it *sires no grading - b) it is thoroughly screened from off site view. c) the noise from tennis court would be below back- ground noise from vehicular traffic adjacent to site. d) there exists a dry well on site that can accomodate additional runoff. 2) Lot was developed with a site reserved for tennis court before Maximum Development Area limit was imposed by Ordinance. %1W 3). The excessive development area will not result in a style of development inconsistent with pattern already established on Normandy Lane which is unique in Los Altos Hills. Variance & Permit Commission, April 13, 1983 Page Four B. PUBLIC HEARINGS: (continued) Lands of Chan The exceptional circumstances listed that relate to property justify minor encroachment of setback in accordance with 3.b. of tennis court policy, Resolution #1289. The mitigating circumstances justify exception to MDA, MDA Ordinance has two purposes: 1. limit visual impact of intense development 2. limit runoff C. OLD BUSINESS: D. NEW BUSINESS: E. ADJOURNMENT: There being no further new or old business, the meeting was adjourned at 8:00 p.m. Respectfully submitted, Leslie Mullins Engineering/Planning Secretary