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PC 04-08-85 _^T OF TD. T 1? ST OF IF N CITY Ct� ER1I1..U, _ATE CALF_0`r..It? PC-45 J • 10300 Torre Avenue , Curertino Ca . 95014 • G Telephone : ( 403) 252-4505 Pa±;e 1 '® 'IITTES OF REGULAR 11R IE T TH C „M- 1'IIIl'il�'1L1� THE i''.v l7 HELD r':JLnI Ii'•�, G/)4^, �1{-. PLANNING VG.'�:�1�,�,JU ���r HELD ON APRIL 1985 SALUTE TG THE FLAG 7 : 3 0 P .M. COLL CALL Commissioners Present : Commissioner Adams Commissioner Szabo Commissioner Sorensen Chairman CLauc j Commissioners Absent : Commissioner Mackenzie Staff Present : Assistant Planning Director Cowan Planner I Pi asecki Assistant City Enineer Whitten City Att orneyorney Kilian APPROVALOF M VTES Corr. Szabo corrected the name of the radio station mentioned � .Ir-nL- _n "Report oT the Plannin` Commissionit to read, Z -ir . NOTION : Com. Adams, to approve the Minutes of the Regular Meeting; of March 25, 1985 as corrected SECOND : Corr. Sorensen VOTE : Passed 3-0 (Coy,. Mackenzie absent Chr. Claud) abstaining) POSTPONEMENTS OH NEW AGENDA ITEi-[S 'MOTION: Com. Sorensen, to withdraw Item #7 per applicant ' s request SECOND : Com. Adams VOTE : Passed 4-0 • (Com. Mackenzie absent ) Sta ff advises: that the applicant for Item „-2 had recuested it be withdrawn entirely . MOTION : Corr. Adams, to withdraw Ttem r2 her applicant ' s request SECOND : Co; . Sorensen VOTE: Passed 4-0 (Com. Mackenzie absent ) Staff advised that the applicant for Item -_ required a further 30-day continuance . NOTION : Corr. Szabo, to continue Item 1 until the • Meeting of ;'Tay 13 , 1985 SECOND : Coy:. Sorensen VOTE : Passed 4-0 (Com. Mackenzie absent ) S 7C-463 i LAITNINr COi`1'iISSI0 l` I*?UTEJJ AFRIL 8 1985 Page 2 3 . Application 7-U-85 of RAYMOND ROCKER (LONNIE FRANGADAKIS) USE PERMIT to construct a 2, 750 sq. ft . second story addition 111 to an existing 3, 800 sq. ft . office building. Total square footage will equal 6, 550 sq . ft . ENVIRONMENTAL REVIEW: The Environmental Review Committee recommends the granting of a Negative Declaration. The subject property is located on the north side of Pacifica Drive approximately 300 ft . east of De Anza Boulevard in an OP (Plann''ed Office) zoning dist- rict . First Hearing continued. Tentative City Council hearing date - April 15, 1985. Assistant Planning Director Cowan advised that the Applica- tion had been continued to allow the architect to better integrate the addition, that there Was now an increase of 650 sq. ft . in the new design, but that it still conformed to F.A.R. and General Plan requireMents . Raymond Rooker, the architect, advised the new balcony area with plantings would solve some problems and the corner wall elements had been accentuated, so that the design was now more aesthetically pleasing . Ralph Courtnay, part owner of the ajdjacent office building, 20395 Pacifica, had experienced problems with people from the building in question parking iri their lot ; furthermore, he reported, when the original building had been constructed; building materials had been stored !on their property . j Assistant Planning Director Cowan observed that often • reciprocal parking created spill-over. • Mr. Courtnay advised that the parking lot of the building in question was always full. Chr. Claudy suggested Mr. Courtnayi consult his lawyer about the storage of building materials ion his property, should it occur. Mr. Rooker thought recent construclition in the Town Center area had created a parking 'problem, with reciprocal accesses and parking creating a "leapfrogging" effect . Mr. Courtnay clarified that the problems had been experience4 prior to the construction, and said that though there were no problems at present, he did not want to give up rights to' his property . !' • MOTION: Com. Szabo, : to close the Public Hearing SECOND: Com. Sorensen VOTE : Passed I 4-0 (Com. Mackenzie absent) Chr. Claudy observed that there jas reciprocal ingress/eg:res, in the area, but not reciprocal parking, but could see how problems arose, with people parking in the first lot they came to . • The Commission discussed whether the entrance between the building in question and Mr. Courtnay ' s building could be blocked. d n FAR - Floor Area Ratio i j PC-463 PLANNING COMMISSION MINUTES, APRIL 8, 1985 Page 3 411 Mr. Rooker agreed to fence the eastern access, if required. NOTION: Com. Adams, to recommend acceptance of the Negative Declaration of the Environmental Review Committee SECOND : Com. Sorensen VOTE: Passed 4-0 (Com. Mackenzie absent ) MOTION: Com. Sorensen, to recommend approval of Application 7-U-85, subject to Standard Conditions 1-15; Conditions 16-20; Condition 21, to the effect that a device or planting be installed to severely limit or preclude access from the east, to be subject to Staff approval . Subject to the findings as set forth in the Staff Report and the s�'tbcon- clusions of the Hearing. SECOND : Com. Adams VOTE: Passed 4-0 (Com. Mackenzie absent ) 4 . Application 9-U-85 of DR. MILTON J . PAGONIS : USE PERMIT to construct an 800 sq . ft . addition to an existing 19, 850 so . ft . office building and ENVIRONMENTAL REVIEW: The Environmental Review Committee recommends the granting of a Negative Declara tion. The subject property is located approximately 200 ft . west of Torre Avenue and 225 ft . north of Pacifica Drive in a P (Planned Development with Planned Office intent) zoning district . First Hearing. Tentative City Council hearing date - April 15,1985 . Planner I Piasecki clarified the differences from the Application reviewed in January, 1985;that the applicant had made the addition smaller and added parking spaces to accommodate same; hoping that this could be approved without the covenant which had conditioned the January Application. However, Staff felt because of the parking deficit remaining on the site, approval could not be recommended, he said. Raymond Rooker, the architect, explained that the circumstances remained the same, that this Application was to accommodate existing employees and was not an expansion in that regard. He further explained that the building was one of a group of five buildings that would also have to record the covenant, and the owners of the other buildings did not want to be so restricted; so that they were now asking for an 800 so . ft . only addition, 50% of which would be business office space and the remainder mainly two small operatories, rather than the business office, four operatories and other space previously requested. He reiterated that there were no parking problems existing presently, and asked the Commission to also consider the smaller addition without the added parking and the larger addition without the covenant . 411 Ralph Courtnay, part-owner of the adjacent building, indicated on the aerial map the end of their building where the parking was completely impacted by the building in question. 2_463 PLANNING COMMISSION MINUTES, APRIL 81, 1985 .'- e 4 In discussion, the Commission felt tihat the application could not be approved as proposed, especially with the • parking problems which had surfaced Mr. Rooker understood that if the use were to be changed there would have to be a new use permit , he said, and wondered why that existing mechanism had not been considered for control rather than a covenant . ; He pointed out that a dental office had the most restrictive parking of all, and that the City would benefit if the building was converted to office use, which would now be precluded by the covenant . He offered to convert some parking, o compact spaces, but admitted that they could not come up with the number of additional spaces required. Chr. Claudy suggested thatthe Commission vote on the Application and Mr. Rooker should present any further suggestions to City Council . Mr. Rooker requested the revised application be approved witl the covenant rather than the extra 'parking, so that they could discuss the covenant with Council. The Commissioners discussed whether they could now approve the application with the covenant, !since they had not previously been aware of the magnitude of the parking proble: . Mr. Rooker wondered whether the covenant could be recorded on one building only. ' Chr. Claudy observed that it mightinot be in the City ' s best interests to have such a covenant, ' in view of the intensity of the dental use . Planner I Piasecki reminded the Commission that a medical office use would be more intense,. and should be precluded. MOTION: Com. Sorensen, to close the Public Hearing SECOND: Com. Adams VOTE : Passed 4-0 (Com. Mackenzie absent ) MOTION: Com. Szabo, to recommend 'approval of Application 9-U-85, subject to the Findings of the Staff Report and subconclusions of the Hearing with a covenant added that the building be used for a dental office or less intense use, in terms of parking, subject to determination by the Director of Planning and ! Developrent . SECOND : Com. Sorensen VOTE : Passed 4-0 (Com. Mackenzie absent) S PLAi;i'iING COEiiISSION iNUTES, APB IL 8, 1985 PC-464 Page 5 - 5 . Application Q of WDT P,.- n ••r-•: p:plica�ion 1C-tT-��5 D��V�LOri•������i CO,r:rA�,r USE 411 PERMIT to construct a 17, 500 sq . ft . two-story office building and ENVIRONNENTA_L REVIEW: The Environmental Review Committee recommends the granting of a Negative Declaration. The propety is located at the northwest corner of Randy Lane and Stevens Creek Boulevard in a P (Planned Development with office, Commercial and Residential intent ) zoning district . First Hearing . Tentative" : City Council Hearing date - April 15, 1985 . Assistant Planning Director Cowan stated, in his Staff ReportJi that the redevelopment was consistent with the Stevens Creek Boulevard plan and City privacy intrusion policies, and that there would be reciprocal access to adjacent properties when developed. He referred to ASACY Minutes requesting that the Commission resolve the issue of materials to be used. Con:. .dams explored the site plan in relation to the northern border. Assistant Planning Director Cowan explained that, whilst in the past Staff had been hesitant to require reciprocal access near to a residential area because of traffic movement, here, the issue was traffic and traffic access to the site . He suggested further study of Vista and Randy Lane at a later date . Explaining why the left turn access to Randy was inappropriate, he said that a solution similar to the one in the Kim Street neighborhood might have to be worked oua 110 with residents later. Corr. Sorensen noted that since the street had been closed, the U' turn movement at Stevens Creek and Blaney had increased Mr. Cowan explained that one reason for the reciprocal access was to take the pressure off the U turn movement there . Ken Neumeister, 592 Liberty Street, Fremont, the architect , explained that stucco was being used because of the tendency of sprinklers to stain wood siding . The alternative of drip irrigation was discussed, and color samples of the building were shown . It was established there would be between two and fourteen tenants . Ramona Ganske, 10154 Randy Lane advised that theneighbors were unanimously opposed to any access onto Handy Lane and mentioned past problems from commercial traffic, and possible safety problems . Ed Duf fie Randy Lane was concerned about the see:ninF ly high number of parking spaces . Chr. Claudy established there was one more parking space than necessary,. and explained to :'ir. Duf fic that the absence of a curb cut on Stevens Creek Boulevard was due to City policy . Corn. Adams established with Staff there would be a full U • turn movement at Torre . i-ts . Ganske spoke of three large office buildings closeby, andj r t � afii C already being horrendous, was convinced there would be a tremendous traffic problem on Randy Lane . A S C Architectural and Site Approval Committee • PLANN'.ING COlviiiiISSION i;I ?lil' S, APRIL 8 , 1985 PC-464 i Page 6 Elaine Lyne, 10154 Rand. Lane, su000rted s . Ganske ' s view of the traffic problem. Assistant Planning Director Cowan suggested restricted turns; 111 no left turn out to the north on Randy, or a one way only out of Randy, but he cautioned that whatever was done, there would be a problem of some degree . He felt that the number of commuters going' north on Randy would be small, and that the oroblem could be addressed at another time . Con. Adams explored the idea of an _ngress off Stevens Creek and no exit onto Randy; which, he felt , would fit in with the policy of forcing commuter traffic onto the arterials . Com. Sorensen thought , the traffic would then go up Vista instead. Chr. Claucy felt such an entrance would be unworkable because the nark'n_; would be in the rear and the building would have to be redesigned.. He suggested as "no left turn" out onto Randy and "no right turn" in, and further, that the driveway might be curved to discourage such movements . r;'r. Cowan thought that in future there might be an creportunitp for a single access on Stevens Creek Boulevard to reduce pressure . Assistant City Engineer •:hitter_ suggested an ingress only off Stevens Creek and a median block on Handy, which would minimize intrusion and yet fit the basic design of the building . The architect suggested that , if there was to be a driveway • on Stevens Creek it be a little further down, to facilitate dedications and limit elevations . Barbara Napa, 10124 Randy Lane, pointed out that at other office buildings between Blaney and =?ndy, the traffic c ingressed and e ,ressed onto Stevens Creek Boulevard and wondered why it could not be done here . Fr. Cowan advised her that eventuallythere would be -, access to Blaney from the buildin�smentioned, through connected parkin; lots . Chr. Claudy raised the question of the stucco siding . Cola. Adams had no objections regarding the ASAC requirements he said. :owing to the issue of access, he did not feel a cut should be made on randy at this time, he said, favoring one on Stevens Creek with a reciprocal easement to the adjoining development eventually . Assistant Planning Director Cowan, at this n•oint , felt continuance might be advisable to explore the matter of joint access with the fire station, or some type of access to Randy without allowing traffic north Of the ^E commercial zone, which he felt would be acceptable to the neirh_bors . OlICH : Com . Adams, to reopen the Public Hearing SECOND : Co :. Szabo 410 VOTE : Passed 4-0 (Com. ik:ackenzie absent ) SAC - Architectural and Site Al--_roval Committee r e I cr Q ct () C=' Cn :Ly ? '71 fJ'Ci CA Cr O ' �F O ct i C?, Fii '0 ct -• P) - ii-1 ct Fd '.'; P Ca FS th - `. 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C c O co C P 1-5 co O :3 0 ct C) ct- O - C) Iu (1. c(- O P-) Cn (D i:i C P ;s 1-1- :S C O rn C '• (D I-'- C 1 H '-i Cn .ci COO :3' :i I-h :5 :s H• C) C H Ch FS • H. :i P) ct I-'- 0 H H ct H• ct CD CI :i '0 ct C) i 2� CD (I) I-' O ct- P PS 1J 1-'- I-'- ct `C :ti :Y :l PS H• o p, ct ct :3• :5 :5 3 O '0 '-S CD Cs IS O I-' F' >: (D ;:i (L 'd (D 0 H. CD 'C3 :Zs '-7 :3" on co ct Gq H. H (D F-i 0 I" O :s C- O A) $L 0 CD (n CD H C p, CD is ct FS O '0 , D p CD ct CD C) P) I-'• lD :5 co P $1 :5 u) CD 'i 'ri 1 P) H Cl) 0 I-'- :3" O Ft PS (D P ct .j ct :n I-- ct Ci C) ct CD '0 cn _ :S ct C) ct FS (D co :S P) ct ,0 ;-1 rn C 0 :3 C H• CD :5- 'd ci 'CI FS Iu '• CI C H• 0 p. _ Y: CD I-'- ' :5 0 O IL ct )- CD Pn "i CD $) <; ct CD ct Co 0 'Cl i, P-) o CD ct ct O C (D () 0 co :5 co (D - H• •3 rn I-'- (D Cl) I-'- '-I P) p, CD '. J U) H H (D 'i (D H- P) ci H p, PL ct (1• P) F-', C) 0 'T; p, Fi 0 'Cl ct CD C Co 0 H- PS p, ct El O ci H- F,- (1, H. (L • u) I-'- ct II) :5 H Cl) (D C 'r) D) ct p) O rn 'C: O C) CD H• CD :5 0, ct ci t-h () 1-'- C) :t'(3 u) p :s SI (D H cr FS :3' N ;-.5 y ct PLO :i v :3 (D rii P) Cn CD H. '. r, rl Imo- FS I-'• CD P. Co --, H IL CI- :S I" ci ct- F., H (U c-r F$ :3 0 rn :1 CD C) CD (i'? 0) -H• F'• H• (D C) '. ci CD ct :S cr IN; I-'- (D C l :i I O :5 co CD :3' (D ct ct 0 Pi 0 O H :3' (I) (D O ct :5 ct cr :3" H. 1 cr In ct cr (D :3 ct- '. i',) ct '. C) ct ct 0 • H. :5 H. I'• :3' :s ci O co ct FS CD CD :5 ct • 0 - • • • . � PLANNING CO MISSION MINUTES, A?HIL S , 1985 ` PC-463 - FaCe 9 CEP . Claudy explained that the coning 2021E now be more restrictive, and was being changed to conform with the use . MOTION: Com. Szabo, to close the Public Hearing SECOND : Com. Sorensen VOTE : Passed §-O (Com. Mackenzie absent ) MOTION: Com. Adams, to recommend the granting of a Negative Declaration SECOND : Com. Sorensen VOTE : §-O Passed (Com. Mackenzie absent ) MOTION : Com. Szabo, to recommend approval of Atrlication 5-Z-85 per the Pinding and Conditions of the Staff Report and the Subccnclusions of the Hearing SECOND : Com. Adams VOTE : Passed i-O (Com. Mackenzie absent) MOTION : Com. Szabo, to recommend approval of Application 2-U-67 (Revised) with �$ Standard Conditions 1-15; Conditions 16-22; subject to the Findings of the Staff Report and Subconclusfons of the Hearin SECOND : Sot. Adams VOTE : Passed §-O (Com: Mackenzie absent ) Chr. Claudy s gJested that Mr. Hoffman and the Church try to work cut an agreement before the City Council Meeting of May 6, 1985 . 25�&£ • 4 44 § - 9 : 55.. � . S j . Pc-463 PLANNING COMMISSION MINUTES, APRIL 8, 1985 , L Page l0 8 . Application 13-U-85 of TERRY BROWN, ET AL : USE PERMIT to add a total of approximately 2, 200 sa . ft . to three buildings • presently consisting of 2, 600 sq. ft . for a total building area of 4, 850 so . ft and ENVIRONMENTAL REVIEW: The Environmental Review Committee recommends the granting of a Negative Djeclara- tion. The property consists of commercial/office use and two residential dwelling units . ' The subject property is located on the northwest corner of Pasadena Avenue and Granada Aven''ue in a P (Planned Development with Neighborhood Commercial, Light Industrial and Residential, 14-12 dwelling units per gross acre intent) zoning district . First Nearing. Tentative CitY Council hearing date - April 15, 19.85 . i Assistant Planning Director Cowan described the proposal as similar to the hypothetical plan developed for Old Monta Vista, and advised Staff was happy with the mixed use, reciprocal access potential and was supportive of the application. j Raymond Rooker, the architect , endorsed Staff ' s findings, but advised they had difficulties with the consolidation into one • parcel, since there were two owners, and he requested that they be allowed to work the matter out at Staff level. Chr. Claudy felt as long as each p .rcel was self-sufficient in terms of this wouldbe a l e parking, cceptab . Ann Anger, Monta Vista resident, saw the project as aniimprove- ment for Old Monta Vista and was in favor. I The amount of street parking credit allowed for commercial • development was discussed and clarified with Mr. Rooker by Chr. .Claudy. Mr. Rooker questioned the picket fence requirement in the guidelines, since there was a fencle incorporated in the design to enhance the Monta Vista charact;,er, and the picket fence would be a hindrance. Planner I Piasecki advised that ail developments in the area had been required to instal such fencing as a design link. Mr. Rooker suggested that they be able to work with Staff for a solution, and if one could not be found, they could return to the Commission. MOTION: Corn. Szabo to close the Public Hearing • SECOND : Corn. Sorensen VOTE : Passed 14-0 (Com. Mackenzie absent ) The consensus of the Commission was that the fencing was a minor detail, and that there appeared to be no need for a new parcel map to separate the property into! two lots, since it Was a minor modification. MOTION: Com. Sorensen, to recormdend acceptance of the Negative Declaration of 'the Environmental Review • Committee i SECOND : Com. Adams ' 1 VOTE: Passed i 14-0 (Coin. Mackenzie absent ) ; 1 PLANNING C0MMISSI0N MINUTES, APRIL 8, 1985 PC-463 MOTION: Com. Sorensen, to recommend approval of ` page 11 Application 13-U-85, subject to Standard Conditions 1-15; Conditions 16-22, with Condition 23 modified to the effect that the applicant shall merge all existing parcels into two lots; Conditions 24-27 as per Staff Report; subject to the findings of theStaff Report and subconclusions of the Hearing. SECOND: Com. Szabo VOTE: Passed 4-0 (Com. Mackenzie absent) 9 . Application 14-U-85 of DOMINO ' s PIZZA (BRUCE L. TERRY) : USE PERMIT to operate a take-out and delivery Pizza franchisl and ENVIRONMENTAL REVIEW: The project is categorically exempt, hence, no action is required. The subject property is located on the northeast corner of Stevens Creek Boule- vard and Blaney Avenue in a P (Planned Development with Office, Commercial and Residential intent) zoning district . First Hearing. Tentative City Council hearing date - April 15, 1985. Planner I Piasecki emphasized the problems of the existing center and that the application conflicted with the adjoining P.J. Mulligan ' s bar, so that Staff advised denial. Bruce Terry, applicant, described the business, with special emphasis on the delivery aspect, no sit-down business and no alcoholic beverages served. He felt their business would improve the center, and advised they were willing to enclose the dumpster, but did not think they should be obligated to make other suggested improvements . Com. Adams established with Mr. Terry that he was aware of the problems encountered with P .J . Mulligan ' s . However, Mr. Terry reported positive feelings from the neighbors regardins the present application. Chr. Claudy determined Mr. Terry had not visited the site on Friday or Saturday nights, and wondered how he ,culd keep his ten parking spaces at those times . The Commissioners had grave reservations and urged re- examination by Mr. Terry. They felt a daytime use would be more appropriate . Steve Buxa, co-owner, said he would ;lady undertake rrein- forcing the parking himself if this was allowed, since this location was ideal for their business . He advised that late at night they would only need one of the ten allotted spaces for their employees, and said he felt some food close- by to P . J . Mulligan ' s late at night when they had ceased serving themselves would be beneficial and would encourage the patrons to go home, rather than loiter. He emphasized the free delivery aspect of the business . 411 Chr. Claudy mentioned the additional aspect of improvements, and explained to the applicants how the use permit procedure worked in that regard; that either the tenant or owner was required to do a certain amount of upgrading. . PC-463 PLANNING COMMISSION MINUTES, APRIL 8, 1985 Page 12Mr. Terry advised that as subtenants of P . J. Mulligan ' s, they were required to pay a monthly maintenance fee for the land- • scaping that P .J. Mulligans had been required to instal, and • that though they would do anything reasonable to get into the location, they had limited funds . He questioned the procedure, since they were sublessees . Com. Sorensen wondered why the applicants intended to be open • until such late hours, since they had stressed the slowness of butiness at those times . The applicants advised that their franc::.ise agreement with Dominos required it . The Commission further advised the tapp.licants on the conditions at the site, and also at the particiula:.2 intersection, where there were many liquor and bar establishments that created problems. They stressed. the suitabilty of a daytime use for the site. Chr. Claudy advised that continuance would not seem to be of much use, and that the applicants could appeal to City Council , though they were also sensitive to [this particular site , MOTION: Com. Adams, to close the Public Hearing SECOND : Com. Sorensen • VOTE: Passed 4_0 (Com. Mackenzie absent ) MOTION: Corn. Adams, to recommend denial of Application 14-U-85 based upon the findings as listed in the • Staff Report and the subconclusions of the Hearing, • that th site did not lend! itself to evening operation, which would increase the 'pedestrian and automobile traffic and would aggravate existing problems; incorporating Staff ' s recommendations for denial . SECOND: Com. Sorensen VOTE : Passed - 4-0 (Com. Mackenzie absent ) ! Planner I Piasecki added, for the !'record, that the applicants • had been advised prior to filing Of the problems and concerns of the particular site. • 10 . Application 1-V-85 of THOMASLESONDAK : VARIANCE from Section 8 . 3 . 1 and 8 . 3 . 2 of the Zoning Ordinance to permit a 4 ' 6" setback in lieu of a 5 ft . setback required for a single • story element, and a 4 ' 6" setback in lieu of a 10 ft . setback required for a second story element . and ENVIRONMENTAL REVIEW: The project is categorically exempt, hence, no action is required. The subject property is located on the north side of Stevens Creek Boulevard approximately 400 ft . east of Janice in a R1-10 (Residential, Single-family, 10, 000 sq . ft . minimum lot size) zoning district . First! Hearing . Tentative City Council hearing date - April 15, 1985 . f a ' PLANNING COMMISSION MINUTES, APRIL 8, 1985 , PC-463 Assistant Planning Director. Cowan explained that from the Pale 13 early 1980 ' s special rules had applied to second story IMO additions to flag lots, resulting in 20 ft . setbacks from all lot lines . Com. Szabo established that the addition as presented would not be permitted, even if the lot were not a flag lot, .and that the flag lot rules were to address privacy intrusion issues . • Chr. Claudy established that even under the ordinance as existing at the thr.e the house was built, the additionwould have been disallowed. Ton. Lesondak, 22309 Stevens Creek Boulevard, the owner and builder, advised that when he -had built the house he had intended to use the area for future additions, and could not see how he could add at all now, even one bedroom which they sorely needed. He complained of being unaware of ordinance changes and felt interested parties should have been notified. Questioned about adding to the top of the existing one story area, Mr. Lesondak felt this was not economically feasible, the way he had designed the house . Chr. Claudy said that all such ordinance changes were advertised in the local press . He described the findings that the Commission would have to make to grant the variance and felt that the Commission probably could not make them. Corn. Adams agreed, doubting they could find even one of the criteria could be met . MOTION : Com. Szabo, to close the Public Hearing SECOND: Corn. Adams VOTE: Passed 4-0 (Com. Mackenzie absent ) MOTION: Com. Adams, to recommend denial of 1-V-85 since it did not Meet the three criteria set out in the Staff Report as approval requirements, based on findings 1 and 2 of the Staff Resolution . SECOND : Com. Szabo VOTE: Passed 4-0 (Com. Mackenzie absent ) UNFINISHED SUSINESS • 11 . Interpretation of the Commercial Ordinance regarding, definition of restaurant with bar facility . Assistant Planning Director Conn advised that Staff had incorporated Com. Mackenzie ' s and City Attorney _{ill an ' s • suggestions into the in-house document to be used to determine which applicants might require a Use Permit . The consensus of the Commission was to continue the Item until the Special Meeting of April 10, 1985 so that Com. Mackenzie might be involved . PC 3 D 1NN N ONT.T ^ION �Es p F S, ..,-Lb, � Lh:•,�,I�,G Cl..i'i, IO��.�, .'.I.;U'���, nP IL �-, '9�'- we 14 NEW DUSTNESS REPORT 07 THE PLANNING C0=SS Orr S REPORT T NNTNG r,TR^ T R _ OF THEP�_,:,.� _r �..� ' ADJOUR_NNENT 11 : 0 3 ATTEST: APPROVED: /s/Dorothy' Cornelius /s/John Claudy City Clerk Chairperson • 1110