HomeMy WebLinkAboutMinutes 06/10/1997Planning Commission Minutes - June 10, 1997
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CITY OF PETAL UVIA
PLANNING COMMISSION MINUTES
REGULAR MEETING
CITY COUNCIL CHAMBERS
CITY HALL - PETALUMA, CA
June 10, 1997
7:00 PM
Commissioners: Present: Bennett, Feibusch, Maguire, Rahman, Thompson, vonRaesfeld,
Wick
Staff. James McCann, Principal Planner
• Chairperson
PLEDGE OF ALLEGIANCE.
APPROVAL OF MINUTES: Minutes of May 27, 1997 were approved as submitted.
PUBLIC COMMENT: None.
DIRECTOR'S REPORT: Jim McCann wished a Happy Birthday to Admin. Secretary
Jan Tolbert.
COMMISSIONER'S REPORT: None.
CORRESPONDENCE: Memo from Jim McCann regarding Petaluma High School
Land Use and Architectural presentation; letter and petition from Mr. and Mrs. Salazar
regarding Hyppolite project (item #1); memo from Allan Tilton regarding E.
Washington/Ely /Sonoma Mountain Parkway signal.
APPEAL STATEMENT: Was read.
LEGAL RECOURSE STATEMENT: Was noted on the agenda.
CONTINUED PUBLIC BEARING
OLD BUSINESS
I. HYPPOLITE VARIANCE; 1414 Debra Drive; AP No. 136- 324 -012; file
VAR97002 (ed).
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Planning Commission Minutes - June 10, 1997
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Continued consideration of a request for a variance to authorize an existing two -
story addition to a single - family dwelling to encroach four feet into the required
twenty -foot rear yard.
(Continued from May 27,1997.)
Principal Planner McCann presented the staff report.
The public hearing was opened.
SPEAKERS:
Commissioner vonRaesfeld had a question regarding lot coverage, building code
violations.
Frank Hughes building designer for the applicant: Lower portion of the addition in
question was built by original owner, not by Mr. Hyppolite.
Lee Bollard contractor for the applicant: bottom portion existed 5 years ago; only added
second floor portion; addition improves conditions in neighborhood; we will improve
further as the Commission requires.
Grant Garl, 1125 Elizabeth concerned with visual impact; existing structure sticks out
like 'a sore thumb and detracts from the appearance of the neighborhood; the addition
compromises privacy to adjoining lots.
Tony Salazar, 1413 Debra Upper structure appears to be unsafe; reduces privacy in our
backyard; addition (second story) occurred within past 2 years (October 1995).
Commissioner Maguire was realtor involved in sale? (no); there appears to be a
disclosure problem between Mir. Hyppolite and previous owners; can't allow variance
because can't make findings; has privacy and safety concerns with structure.
Public Hearing was closed.
Commissioner vonRaesfeld steps after denial? How to abate? Allow some time to
rectify.
Principal Planner Jim McCann explained appeal and abatement steps.
The public hearing was closed.
A motion was made by Commissioner Maguire and seconded by Commissioner
Thompson to deny the variance request based on the following findings:
Commissioner Maguire: Yes
Commissioner Bennett: Yes
Commissioner Feibusch: Yes
Commissioner Rahman: Yes
Commissioner Thompson: Yes
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Planning Commission Minutes - June 10, 1997
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Commissioner vonRaesfeld: Yes
Chairman Wick: Yes
Findings
1. There are no peculiar and unusual conditions inherent in this large, flat lot that
create a hardship on the parcel in question. The size and location of the residence
and what little room remains on the parcel to expand the structure do not qualify
as unusual conditions which would justify approval of this variance request.
2. A hardship peculiar to the property (the illegal addition) has been created by the
property owner. In this context, personal, family or financial difficulties, loss of
prospective profits, and neighboring violations are not hardships justifying a
variance.
3. No decrease in the preservation and enjoyment of substantial property rights has
occurred on the subject parcel as a building permit was issued in 1987 to allow a
1,590 square foot second -story addition. A variance would constitute a special
privilege to the current property owner since the residence in question has been
built to maximize the setbacks for the R -1 zoning district.
4. Approving the variance request at this location would be detrimental to the
adjacent properties to the south and east whose privacy is impacted by the illegal
addition.
5. The denial of a variance to allow a 16 foot rear yard setback (where 20 feet is
required) is exempt form the requirement of the California Environmental Quality
Act (CEQA) pursuant to Section 15270(a) which exempts from review projects
which are disapproved.
PUBLIC HEARING
NEW BUSINESS
II. TUXHORN ESTATES H (GATTI); 710 AP NO. 137- 070 -058; (FILE NO.
97002(hg).
Consideration of a Mitigated Negative Declaration and Rezoning to Planned Unit
District (PUD), a 32 -home PUD Development Plan including Development
Standards and a Tentative Subdivision Map for 32 residential lots on 4.2 acres.
Item continued to the June 24, 1997 meeting.
DEPARTMENT REPORTS /COMMISSION BUSINESS
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Planning Commission Minutes - June 10, 1997
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2 ffi. LAND USE AND ARCHITECTURAL PRESENTATION (MCNEAR HILL)
3 BY PETALUMA HIGH SCHOOL.
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5 SPEAKERS: Tom Richards, Petaluma High School, 399 King Road, Petaluma
6 Students PJ Rider, Christina Cherolis, Jack Sloane, John VanStraalen,
7 Dave Lubizeski, and Amy Lear
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9 The graduating seniors presented the architectural and planning effort for the High
1 o Density Residential site and responded to Commission questions.
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13 IV. PROJECT STATUS REPORTS:
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15 1. South Boulevard Specific Plan.
16 2. Caulfield Avenue Shell Station Remodel: needs improvements (signs,
17 landscaping, etc.) - staff asked to follow -up.
18 3. Park and Ride Tree Planting: update given; questions asked how
19 landscaping adjacent to Kenilworth was designed.
20 4. Westside Shell PCN - no appeal filed.
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23 ADJOURNMENT: 8:30 PM
24 min0610 / plan81
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