PC MINS 20040113CITY OF RANCHO PALOS VERDES
PLANNING COMMISSION
REGULAR MEETING
JANUARY 13, 2004
CALL TO ORDER
Approved
February 1 2 4
The meeting was called to order by Vice Chairman Mueller at 7:05 p.m. at the Fred
Hesse Community Room, 29301 Hawthorne Boulevard
FLAG SALUTE
Commissioner Duran Reed led the assembly in the Pledge of Allegiance
ATTENDANCE
Present. Commissioners Cartwright, Cote, Duran Reed, Lyon, Vice Chairman
Mueller
Absent None
Also present were Director of Planning, Building, and Code Enforcement Rojas (arrived
at 8:15 p m ), Associate Planner Schonborn, Project Coordinator Alvarez, and
Recording Secretary Peterson.
APPROVAL OF AGENDA
The agenda was unanimously approved as presented.
COMMUNICATIONS
Associate Planner Schonborn stated that Director/Secretary Rojas would be arriving at
the Planning Commission meeting at approximately 8.30
Commissioner Duran Reed announced that she would be resigning from the Planning
Commission, effective immediately.
Commissioners Cartwright and Lyon also announced that they would not be re -applying
for the Planning Commission and this would be their last meeting.
Vice Chairman Mueller and staff thanked Commissioners Duran Reed, Cartwright, and
Lyon for their time and contributions to the Planning Commission.
Commissioner Duran Reed left the meeting at 7:20 p m.
COMMENTS FROM THE AUDIENCE (regarding non -agenda items)
None
CONSENT CALENDAR
1. Variance and Site Plan Review Permit (Case ZON2003-00312): 4043
Admirable Drive
Commissioner Cartwright moved to adopt P.C. Resolution No. 2004-01 thereby
approving, as presented, the Variance and Site Plan Review (Case ZON2003-
00312), seconded by Commissioner Lyon. Approved, (4-0).
CONTINUED BUSINESS
2. Grading Permit, Conditional Use Permit, and Site Plan Review Permit (Case
ZON2002-00505): 20 Headland Drive
Associate Planner Schonborn presented a brief staff report, explaining the applicant
was continuing to revise the project to address some of the concerns expressed by the
neighbors and Planning Commission, and therefore the plans have not yet been
submitted to staff Therefore, staff was recommending the item be continued to the
meeting of February 24, 2004.
Commissioner Lyon moved to continue the item to February 24, 2004, seconded
by Commissioner Cartwright. Approved, (4-0).
3. Grading Permit (Case ZON2002-00239): 30120 Cartier Drive
Associate Planner Schonborn presented the staff report, explaining the applicant is
redesigning the project to address concerns expressed by staff, and therefore staff was
recommending continuance until January 27, 2004
Commissioner Cote moved to continue the item to the meeting of January 27,
2004, seconded by Commissioner Lyon. Approved, (4-0).
4. Height Variation Permit and Site Plan Review (Case ZON2003-00335):
27820 Palos Verdes Drive East
Associate Planner Schonborn presented the staff report, explaining that the applicant
has redesigned the project He demonstrated on a power point presentation the
differences between the original proposal and the current proposal He also clarified in
condition no. 9 that the third tree was identified as a coffee berry tree and will be
identified as such in the condition of approval. He explained that staff was
recommending the Planning Commission review the revised design of the proposed
Planning Commission Minutes
January 13, 2004
Page 2
project and determine whether the modifications adequately address the Planning
Commission's concerns.
Vice Chairman Mueller asked if the pepper tree was located on the applicant's property
or on a neighboring property
Associate Planner Schonborn answered that there was some confusion as to whose
property the tree was located on, however staff felt that the tree was located on the
applicant's property.
Vice Chairman Mueller asked if the proposed chimney met all Code requirements
Associate Planner Schonborn responded that the proposed chimney meets all Code
requirements, however pointed out a feature drawn on the chimney that staff would be
asking Building and Safety to assess whether it is an architectural feature, and if it is an
architectural feature staff has included a condition that the chimney not be any taller
than the minimum required by the Uniform Building Code.
Vice Chairman Mueller opened the public hearing.
Krista Skelton 24 Buckskin Lane RHE (architect) discussed the changes that have been
made to the proposed project and noted that the roof pitch has been reduced to 3 12,
which is the lowest acceptable pitch for roof material manufacturers to guarantee their
products.
Vice Chairman Mueller asked if the fireplace had been part of the previous design
Ms. Skelton answered that the fireplace had been recently added, and that the fireplace
helps break up the side of the house She noted that the chimney would be kept at the
minimum height allowed
Boyd Zack 27820 Palbs Verdes Drive East (applicant) discussed the trees shown in the
power point presentation and clarified the tall tree is a silk oak tree located on the
property line and the pepper tree to the north of the silk oak is located on his neighbor's
property. He stated that his neighbor has no objection to having the pepper tree
lowered as long as he covers the expenses associated in lowering that tree He
discussed the bulk and mass of the home, showing slides of homes in the immediate
neighborhood, and did not think that the proposed addition to the house would create a
home that was larger than the average size of the homes in the neighborhood. He
stated that because of the location of his home, the appearance of bulk and mass would
be greatly reduced.
Commissioner Cartwright asked Mr.
Vennings.
Mr. Zack stated that he had not had
redesign.
Zack if he had shown the re -designed plan to the
a conversation with the Vennings regarding the
Planning Commission Minutes
January 13, 2004
Page 3
Commissioner Cartwright stated that at the previous Planning Commission meeting
there had been quite a discussion on the use of foliage to help minimize the perception
of the addition, and asked Mr. Zack if that had been taken into consideration.
Mr. Zack explained that he has been looking in his backyard as to where he would be
able to locate foliage where it wouldn't be a problem with the structure but would help
reduce the Venning's view of the structure He felt there were some locations on the hill
that would be satisfactory
Cynthia Venning 28032 Palos Verdes Drive East stated that she lives directly behind
the Zack's property and is the neighbor most affected by this proposed addition. She
explained that the reason she purchased her home was because of the openness of the
view. She stated that her living room is the primary viewing area and is the room which
is most affected by the second story addition She noted that the Zacks have lowered
the proposed ridgeline by 10 inches and moved a wall in six feet, but have added a new
chimney that goes higher than the ridgeline and is in the middle of the viewing area
She did not see how this was an improvement to the previous design. She stated that
she was very unhappy about the second story addition and there are other neighbors
who feel the same way, but are older and not willing to make waves in the
neighborhood She felt this proposed second story addition is an invitation to the rest of
the neighborhood to add a second story on to their home, and noted that all of the
homes in her neighborhood are single story with the exception of two split-level homes
She did not feel the Zack's addition was compatible with the rest of the neighborhood,
and asked the Planning Commission deny the request for the second story addition.
Commissioner Cartwright stated that it was his recollection that this second story
addition would not be in the Venning's view frame, but below the view frame
Ms. Venning stated that she could see the addition from her living room.
Commissioner Cartwright asked if the chimney would be sticking up into the Venning's
view frame.
Ms Venning answered that she wasn't sure from viewing the silhouette, and reiterated
that the reason she bought her home was for the openness of the view
Commissioner Cartwright felt that could be mitigated with foliage, where foliage could
be added to block the house but not be high enough to be in her view frame.
Ms Venning responded that foliage may work, as long as it is kept trimmed, and noted
that there is currently foliage on the Zack's property that is untrimmed and blocking
portions of her view.
Commissioner Cartwright asked Ms. Venning if she felt there was a view that came
down as low as the ridgeline on the silhouette.
Planning Commission Minutes
January 13, 2004
Page 4
Ms Venning answered that there would be a view if the mass of trees were removed,
and noted that the problem was also the massiveness of the house looking out from her
living room.
Mr. Zack (in rebuttal) showed a map that has all of the two story homes in the 100 -foot
and 500 -foot radius color -coded orange, showing that his proposed second story would
not be setting a precedence for other two-story homes in the neighborhood. He felt it
was very possible to plant foliage that would block a tremendous amount of the
Venning's view of his home without blocking any of the view of the City
Vice Chairman Mueller asked Mr. Zack why the existing foliage on his property was not
currently trimmed to meet the requirements of the City
Mr. Zack answered that the oak tree in the foreground was trimmed last year to a height
of approximately 12 feet
Vice Chairman Mueller felt it was difficult to see the silhouette over and through the
existing foliage, which indicates to him that the foliage is above the ridgeline. He noted
that the existing foliage will be required to be trimmed to sixteen feet or the ridgeline,
whichever is lower, to preserve the view from the Venning property.
Vice Chairman Mueller asked Mr. Zack if he was comfortable with the staff
recommendation of raising the crown of the oak tree, or if he was open to the
suggestion of lowering the crown to open up more of a view from the Venning's
property
Mr. Zack answered that he was comfortable with the staff recommendation to raise the
crown, and hoped the tree wouldn't look like a q -tip. He noted that the tree has been
trimmed significantly since he has lived in the house and that he has already removed a
eucalyptus tree that significantly blocked the view from the Venning property. He added
that he was open to the idea of trimming down the tree, but felt that rather than
trimming, the tree would have to be removed, and that he and the Vennings would
prefer not to have the tree removed
Commissioner Cote asked Mr. Zack why, after the discussion at the previous Planning
Commission meeting, he had not worked with the Vennings in redesigning the proposed
addition to address some of the mass and bulk issues.
Mr. Zack answered that he did not understand that it was a requirement to work with the
Vennings on the bulk and mass issues
Commissioner Cartwright asked Mr Zack to point out on the picture where the chimney
would be located
Mr. Zack pointed to the location on the slide
Planning Commission Minutes
January 13, 2004
Page 5
Commissioner Cartwright asked staff to delineate the view frame on the slide.
Associate Planner Schonborn depicted where the view frame would be on the slide.
Commissioner Cartwright asked staff if they felt the chimney would be in the view frame
Associate Planner Schonborn felt the top of the chimney would be close to the view
frame, but not be in the view frame
Vice Chairman Mueller closed the public hearing.
Commissioner Lyon began by stating that the City has very carefully crafted Ordinances
that protect ones view, but does not have an Ordinance or Code that prohibits one from
building a house that can be seen by the neighbor. Therefore, he did not see this
proposed addition as a problem, as the addition does not project into the view frame
He also did not think the chimney was a problem. Therefore, he stated his support for
the proposed project.
Commissioner Cartwright agreed with Commissioner Lyon's comments, noting that
anyone would rather look at foliage rather than a structure However, he noted that the
Code restricts the Planning Commission to restoring views as described in the view
ordinance He felt that applicant has done a number of things the Planning Commission
asked him to do to try to soften the scale and mass of the structure He did not feel the
chimney projects into the view frame and helps add some articulation to the rear wall
He stated that he would like to see a condition added to require additional foliage be
planted at the rear to help soften the appearance of the addition from the Venning
property, subject to the Director's approval.
Commissioner Cote stated that she had felt the original submittal was too bulky and
massive in appearance and that the architect had addressed this issue in the revised
plan. She agreed that foliage could also address the issue of mass and bulk, and
agreed with Commissioner Cartwright's suggestion regarding foliage. She therefore
was in support of the revised project.
Vice Chairman Mueller agreed with the comments of the other Commissioners and
added that the modifications made to articulate the structure have reduced his concerns
regarding mass and bulk He discussed the chimney, noting the concerns raised by the
Vennings, however he felt the Planning Commission was somewhat restricted in how it
can deal with the chimney, as it does not appear to impair the view He noted, however,
that the chimney was added to help articulate the back wall area, it could be taken
completely out of the design and therefore would greatly benefit the Vennings He was
reluctant to advocate putting foliage behind the structure, as the existing foliage appears
difficult to maintain He felt that subsequent owners might not trim the foliage and
create a new problem for the Vennings and noted that the Vennings could plant foliage
on their property to obscure the structure. He asked staff if the Planning Commission
Planning Commission Minutes
January 13, 2004
Page 6
could ask the applicant to remove the chimney, even though it was not in the view
frame.
Associate Planner Schonborn answered that the chimney is part of the design to
articulate the structure, and therefore was in the purview of the Planning Commission
Commissioner Lyon moved to adopt P.C. Resolution No. 2004-02, approving Case
No. ZON2003-00335 for the Height Variation and Site Plan Review, as presented,
seconded by Commissioner Cartwright. Approved, (4-0).
RECESS AND RECONVENE
At 8 15 p.m. the Planning Commission took a short recess until 8.30 p m. at which time
they reconvened
Director/Secretary Rojas arrived at 8:15 p.m.
CONTINUED BUSINESS (continued)
5. View Restoration Permit No. 159: 6 La Vista Verde
Director/Secretary Rojas polled the Commissioners as to whether they had visited the
site. All Commissioners had visited the site.
Project Coordinator Alvarez presented the staff report, giving a brief history of the case
He discussed the trees involved and the staff recommendations for trimming the trees to
restore the view from 6 La Vista Verde. He noted that staff felt that trimming to the
recommended levels would not infringe on the privacy of the foliage owner's property
since most of the trees could be trimmed to the ridgeline level, thus maintaining an
existing amount of foliage used for screening Therefore, staff was recommending the
Planning Commission approve VRP No 159 and adopt the draft Resolution.
Vice Chairman Mueller opened the public hearing.
Walter Boehm 6 La Vista Verde (foliage owner) stated that he has read the staff report
and agrees with the recommendations.
Jere Morgan 29 Avenida de Corona stated he was very concerned about the trees on
the foliage owner's property, and noted that if tree no. 9 gets as big as tree no. 6, he will
loose the view out of his bay window, a view he has had for over 45 years. He noted
that the trees currently block approximately 30 percent of the view out of that window.
He explained that the foliage owner has been to his home to see the blockage, but has
not been willing to trim down his trees.
Commissioner Cartwright asked Mr. Morgan if tree no 8 caused him a problem
Planning Commission Minutes
January 13, 2004
Page 7
Mr. Morgan answered that tree no. 8 was not a concern to him, only trees 6 and 9
Commissioner Cartwright noted that that the foliage owner was concerned that trimming
tree no 9 would cause a privacy issue, and asked Mr. Morgan what view he would have
of the foliage owner's property if the tree were removed.
Mr. Morgan did not feel he would have any view into the foliage owner's yard if tree no
9 were removed.
Director/Secretary Rojas noted that Mr. Morgan is not a formal applicant
Dierk Hagemann 32 Avenida Corona (foliage owner) felt that the applicant has a
significant view, much of the same view they had when they bought the home He
stated that the trees on his property are approximately 25 years, and did not think the
applicant has lost any significant view since they bought the house. He stated that the
trees on his property provide him with privacy and shade He questioned why his trees
were singled out by the applicant and not the trees of his neighbors He felt that tree
nos. 1, 2, 4, 5, 6, and 8 can be trimmed without a problem, however tree nos. 7 and 9
will look like awkward and tree no. 3 will die. He stated that tree nos. 3, 7, and 9 shade
all of the rooms of his home He felt that if trees 7 and 9 were trimmed his house would
be exposed to sun all day, and he does not have ample electrical power to run an air
conditioner. He stated that if tree no. 3 is cut down, it will most likely die and he will lose
his privacy.
Commissioner Cartwright asked Mr. Hagemann if he had read the staff report
I
Mr. Hagemann answered that he had read the staff report
Commissioner Cartwright explained that there are certain findings that the Planning
Commission must make, and asked Mr. Hagemann if he disagreed with the staffs
assessment that the foliage on his property that exceeds 16 feet or the roofline
significantly impairs the view from his neighbor's property.
Mr. Hagemann agreed that the foliage exceeds 16 feet in height, but he did not think it
causes a significant view impairment from the neighbor's property
Vice Chairman Mueller asked Mr. Hagemann about the options for the foliage presented
in the staff report, specifically regarding tree nos. 3 and 6
Mr. Hagemann responded that he did not object to trimming trees 1, 2, 4, 5, 6, and 8 to
the roofline He stated that tree no. 3 covers the roof of his house and the plants in his
yard with shade and privacy. He did not think tree no. 3 could be cut to the ridgeline
and survive He felt that tree no. 7 would be all right if it was trimmed to the ridgeline.
Regarding tree no 9, he felt that trimming it to the ridgeline would make the tree look
awful and will expose his house to the sun.
Planning Commission Minutes
January 13, 2004
Page 8
Commissioner Cote asked staff if the Planning Commission should be taking into
consideration the views from Mr. Morgan's property since he is not the applicant in this
case
Director/Secretary Rojas answered that there is only one applicant for this application
and Mr Murphy could be considered an interested party who could benefit from the
decision made by the Planning Commission, however the Planning Commission is
required to only take into consideration the applicant's situation
Jo Boehm 6 La Vista Verde (applicant) stated that there are several neighbors who are
impacted by the trees on the foliage owner's property and noted that the neighbor at 60
Avenida Corona will be filing a view restoration case against Mr. Hagemann. She
stated that she has had a view from her property since she moved into the home in
1974, and the trees are not only growing taller they are growing wider.
Vice Chairman Mueller asked Mrs. Boehm if she agreed with the recommendations in
the staff report
Mrs Boehm answered that she did agree with the recommendations in the staff report.
Vice Chairman Mueller closed the public hearing.
Commissioner Cote asked if tree no. 3 were removed, if it would qualify for a
replacement tree to be supplied by the applicant under the Guidelines
Director/Secretary Rojas answered that given the testimony and the fact that the tree
does provide shade and privacy to the applicant's property as well as it being an integral
part of the landscaping, it does meet the findings for replacement foliage.
Commissioner Cartwright asked if that justification would also apply to tree no. 6.
Project Coordinator Alvarez answered that tree no 6 could have a determination made
that it qualifies for replacement foliage if it is removed with the owner's consent.
The Planning Commission discussed the Guidelines in terms or removal and
replacement of trees and Commissioner Cote felt that tree nos. 3, 6, and 7 were the
trees on the property that met the requirements per the Guidelines for removal and
replacement
Vice Chairman Mueller felt it would be best to ask the foliage owner if he would be
willing to have these trees removed and replaced.
Vice Chairman Mueller re -opened the public hearing.
Vice Chairman Mueller asked Mr. Hagemann, after hearing the Planning Commission's
discussion, if he would agree to the removal and replacement of tree no. 3, 6, and 7.
Planning Commission Minutes
January 13, 2004
Page 9
Mr. Hagemann stated that tree no. 6 is not an issue and he agreed that the tree could
be removed and replaced or trimmed. He opposed to the cutting of tree no. 3 as it
provides shade to his home and the plants in his yard and the landscaping is built
around that tree. He explained that he did not mind if trees are removed, however the
replacement foliage should at least be a green wall, as it currently is, at 16 feet in height
or lower.
Commissioner Cartwright noted that for tree no. 7 staff was recommending the crown
be reduced to a height not to exceed the ridgeline, and asked Mr. Hagemann if he
would prefer to have the tree removed and replaced with foliage.
Mr. Hagemann noted that reducing the crown of tree no. 7 as recommended by staff
would cut approximately 213 of the tree down. He questioned how there could be
replacement foliage that would cover the 60 to 70 feet the existing tree currently covers
Commissioner Cartwright asked staff the typical size of replacement trees
Project Coordinator Alvarez answered that the maximum size of replacement trees is a
24 -inch box tree
Director/Secretary Rous added that the Planning Commission was not limited to a one
for one replacement of foliage.
Commissioner Cartwright asked Mr. Hagemann if he would rather have tree no 7
removed and replaced or trimmed to the ridgeline
Mr. Hagemann answered that he would prefer to have tree no. 7 removed and replaced
if the applicant furnished enough foliage to cover the 70 feet of open space. If the
applicant does not agree to that, he will not agree to have the tree removed.
Vice Chairman Mueller closed the public hearing.
Commissioner Cartwright moved to accept the staff recommendations for tree
nos. 1 and 2, to remove and replace tree no. 3, staff recommendation for tree nos.
4 and 5, remove and replace tree no. 6, staff recommendation for tree nos. 7, 8
and 9, seconded by Commissioner Lyon.
Director/Secretary Rous noted that he Planning Commission should specify the number
of trees that would replace the trees removed.
Project Coordinator Alvarez added that staff felt that two replacement trees would be
adequate for the removal of tree no 7, and that a ane -for -ane replacement would be
adequate for trees 3 and 6.
Planning Commission Minutes
January 13, 2004
Page 10
Commissioner Cartwright noted that his motion was not to remove tree no. 7 but rather
to raise the crown of the tree, as he did not feel the applicant agreed to the removal of
the tree.
Director/Secretary Rojas asked for clarification on the direction for tree no. 3, as he did
not think that the foliage owner gave verbal consent to the removal of tree no. 3. He
stated that the foliage owner will have to agree, in writing, to the removal of any trees
before the action occurs
Commissioner Cartwright amended the motion to adopt P.C. Resolution No. 2004-
03 thereby approving VRP No. 159 as recommended by staff for all of the trees,
however if the foliage owner agrees in writing to remove tree nos. 3 and 6 it will
be a one-for-one replacement with a 24 -inch box tree, seconded by Commissioner
Lyon. Approved, (4-0).
6. Minutes of November 25, 2003
Commissioner Cartwright noted that on page 18, last paragraph, he had made the
statement rather than Commissioner Duran Reed.
Vice Chairman Mueller noted a typo on page 19 of the minutes.
Commissioner Cartwright moved to approve the minutes as amended, seconded
by Commissioner Lyon. Approved, (3-0-1) with Commissioner Cote abstaining
since she was absent from that meeting.
PUBLIC HEARINGS
7. Height Variation Permit and Site Plan Review (Case ZON2003-00452):
003 Matisse Drive
Director/Secretary Rojas began the staff report giving a brief description of the project
and stating that staff believes all of the findings can be made except for the finding
regarding the view He displayed a power point presentation and explained that staff
felt the proposed second story impairs some ocean view and that this impairment is
significant, and could therefore not make the required finding.
Associate Planner Schonborn continued, showing several slides of the proposed
addition and the area of view impairment. He noted that there is also a proposed single
story addition which staff does not feel creates any compatibility or impairment issues.
Therefore, staff is recommending the Planning Commission deny, without prejudice, the
Height Variation and approve the Site Plan Review
Commissioner Cartwright asked staff if the determination that the view impairment is
significant was based on the fact that it is impacting the ocean view.
Planning Commission Minutes
January 13, 2004
Page 11
Associate Planner Schonborn answered that the determination was made due to the
impact on the ocean view in relation to the scope of view in the view frame. He
explained that staff felt that because the view is very narrow in that area, raising the
ridgeline would significantly impact the view.
Commissioner Cartwright asked if the picture displayed was taken from a standing or a
sitting position.
Associate Planner Schonborn answered that the photo was taken from a standing
position.
Commissioner Cartwright asked staff how they felt the proposed second story addition
could be modified so as not to impair the view
Associate Planner Schonborn pointed to an area on the power point slide, explaining
the area could be redesigned He also felt that providing access to the upper level from
within the structure would then eliminate the need for the ridgeline to be raised.
Vice Chairman Mueller opened the public hearing.
Kurt Beckmeyer 1151 EI Centro St, So Pasadena (architect) explained that the
homeowners felt they needed a game room for their growing family, a larger and more
functional kitchen and dining room, and most importantly, a new entry area. He noted
that currently there is no entry statement and he has created a street level approach,
and in doing so maintained a minimum plate line as low as 6'8" and ceiling heights in
the mezzanine of only 7'2" maximum. He explained that he utilized the shallowest slope
possible for the roof and was therefore able to create the necessary second level with
the minimal increase in ridgeline. To address the needs of the game room, he included
this space on the new second level in the least obstructive position possible, which is
behind and below the ridgeline of the existing garage. He noted that the proposed
kitchen and dining room expansions extend from the rear of the house on the first level
and have no impact. He also stated there was a tree to the left of the applicant's home
that the applicant would have removed to help the view from the neighbor's home.
Commissioner Cartwright asked Mr. Beckmeyer if he disagreed with the staff
recommendations regarding view impairment.
Mr. Beckmeyer disagreed with the concern that he did not try to minimize any potential
view impairment He did not feel the proposed addition created a significant view
impact to the neighboring property, as it would not obstruct any of the mountain,
coastline, or bay view. He felt that the only obstruction was the amount of water that
could be seen, and noted that at night it is a black area anyway.
Vice Chairman Mueller asked Mr. Beckmeyer why he could not lower the height of the
entry.
Planning Commission Minutes
January 13, 2004
Page 12
Mr. Beckmeyer explained that the entry height is somewhat independent of the
mezzanine height, and was established as a design feature to maintain the horizontal
lines of the building He felt that the entry could be designed at a slightly lower height
that is compatible with the street location, and this would change the design of the
elevations
Commissioner Lyon asked Mr. Beckmeyer if the tree that was offered to be removed
was the pine tree shown on the slide.
Mr. Beckmeyer pointed to the pine tree in the photo that is to the left of the garage,
acknowledging that was the tree to be removed.
Commissioner Lyon asked if he felt the removal of that tree would cause a direct view of
the ocean
Mr. Beckmeyer answered that the removal of the pine tree would give the neighbor a
direct view of the ocean through that area.
Commissioner Lyon noted that the pine tree in question would most likely be required to
be trimmed if the project was approved, as it exceeds the rsdgeline of the existing
house.
Marc Kaiser 30003 Matisse Drive (applicant) stated that the goal of the addition was to
enhance the value of the property and it's compatibility with the neighborhood He felt
the project, if approved, would allow his home to better conform with the other homes in
the neighborhood, significantly improve the curb appeal of the property, and would
enhance overall property values in the neighborhood. He felt that the existing sunken
entry was a cause of concern with regards to safety, especially during nighttime access,
and creating a street Bevel entrance would establish a much more open and safer
condition. He stated that his property is the only one on the ocean side of Matisse Drive
that is a single level home, and this application would bring his home into parity with
others on the block
Vicki Poponi 30003 Matisse Drive (applicant) began by explaining during the early
neighborhood consultation process she received a lot of favorable feedback, but was
not able to reach Mr. Faries as the residence is a rental property She stated that the
only disagreement she had with staff was the definition of significant. She showed
photographs taken of the view, showing the mountains, bay, coastline, and blue water
She stated that the reason she did not think the view impact was significant was
because her proposed addition would be taking only a small portion of the view, the
blue water portion. She noted that Mr Fades would maintain his view of the coastline,
bay, and mountains.
Commissioner Cartwright asked Ms. Poponi if she has read the View Restoration
Guidelines.
Planning Commission Minutes
January 13, 2004
Page 13
Ms. Poponi answered that she has read the Guidelines, but it has been quite awhile
since she read them.
Commissioner Cartwright explained that the View Restoration Guidelines talk about the
difference between a single view and a multi-component view, and noted that in this
situation there was a multi-component view. He explained that taking away part of the
blue water view in a multi-component view could be considered significant, even though
it doesn't affect the mountains or shoreline view. He asked Ms. Poponi if she would be
willing to make some changes to the plans to help preserve the water view of her
neighbor
Ms. Poponi answered that she and her husband are open to working through the
problems to get a resolution.
Robert Faries 30004 Matisse Drive stated the he agrees with the staff report that there
is significant view impairment from his home resulting from this proposed addition He
noted that the pictures displayed were taken from a standing position, and most people
enjoy the view from a sifting position. Therefore, the view impact would be even greater
than displayed in the photographs. He appreciated the fact that the applicant wants to
improve his property, however it should not be done at his expense. He asked the
Planning Commission to not approve the proposed second story addition.
Commissioner Cartwright asked Mr. Faries if lowering the ridgeline over the proposed
entryway and removing the pine tree to the left of the home would be a satisfactory
solution
Mr Faries answered that if the applicant can design an addition that does not exceed
the height of the current home, he would have no problem with the proposal.
Mr. Beckmeyer (in rebuttal) stated that there is flexibility in the entryway area and it may
be designed to be very near the existing ridgeline height 'The portion where the
mezzanine crosses over that will be difficult to adjust, as the plate line is already
extremely low, and moving the stair access to the interior was not part of the design
concept
Vice Chairman Mueller asked if the plate height being discussed was on the upper floor
or the lower floor area.
Mr. Beckmeyer answered that the 6'8" plate height discussed would be on the new
upper level at the mezzanine
Vice Chairman Mueller asked Mr. Beckmeyer if he had considered lowering the ceiling
on the first floor.
Mr. Beckmeyer answered that the ceiling on the first floor is only 8 feet now, however it
could be lowered, but it would complicate the project.
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January 13, 2004
Page 14
Vice Chairman Mueller closed the public hearing.
Commissioner Lyon stated that he could appreciate both desires and viewpoints of the
applicant and Mr. Faries. He felt that, as currently designed, he would judge the view
impact to be significant However, if the portion of the ridgehne over the entry foyer
were brought down to the existing ndgeline and the pine tree to the left of the home was
removed, the view impact may then not be significant and the Planning Commission
may then be able to make the appropriate findings to approve the project
Commissioner Cote agreed with Commissioner Lyon's comments and was interested to
see how the architect could redesign the proposed entryway to minimize the view
impact She explained that if there were efforts taken to minimize the view impact, there
was a possibility that the view impact would not be significant She would therefore
recommend the Planning Commission consider continuing the item to allow the
neighbor and the applicant to work together to redesign the project to address the
concerns
Commissioner Cartwright agreed with the comments from Commissioners Lyon and
Cote He complimented the architect on the design of the addition, as he felt it was
compatible with the neighborhood, and the only real issue was that of view impairment.
He agreed that if the piece over the entryway were reduced and the tree removed, the
view impact would most likely not be significant.
Vice Chairman Mueller agreed that the entryway could be lowered to reduce the view
impact from the neighbor's property. However, he was not convinced that the sacrifice
of the neighbor's view of the bay on the left of the property in favor of an expansion of
the applicant's home was equitable. He noted that the architect had indicated there
were other ways to provide an entry to the home that were not as convenient, which he
felt should be explored.
Commissioner Lyon moved to continue the hearing to the meeting of February
24, 2004 to allow the applicant time to address the concerns expressed by the
Planning Commission regarding the view obstruction, seconded by
Commissioner Cartwright.
Director/Secretary Rojas noted that the applicant will have to grant a 90 -day extension
to allow the item to be continued.
Vice Chairman Mueller re -opened the public hearing.
Vice Chairman Mueller asked the applicant if they would grant a 90 -day extension in
order to continue the item
Mr. Beckmeyer (applicant) asked if the continuance would come before a whole new
planning commission.
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January 13, 2004
Page 15
Director/Secretary Rojas answered there will be five new Planning Commissioners at
the February 24 meeting.
Mr. Beckmeyer stated that, if at all possible, he would prefer to get conditions sufficient
enough to satisfy the concerns of the current Planning Commission and not have to
continue the item to a new Commission.
Director/Secretary Rojas explained that unless there is a consensus for approval at this
meeting and no extension is granted, the Planning Commission may be faced with
having to deny the project if there is no consensus for approval He noted that if there is
a 2-2 vote, the project would be deemed denied.
Mr Beckmeyer suggested that the first choice would be to try to approve the project
tonight with strict parameters for a redesign, and if that could not be achieved, he would
agree to a 90 -day extension and continuing the project.
Vice Chairman Mueller closed the public hearing.
Commissioner Lyon withdrew his motion of continuance, and Commissioner
Cartwright withdrew his second to the motion.
Commissioner Lyon moved to approve the project with the following conditions
(aided by a picture of the subject property and silhouette): 1) completely
eliminate the portion of the proposed roof line over the proposed entry and bring
it down to the existing ridgeline; and, 2) that the tree on the left side of the picture
be lowered so as to not obstruct the view, seconded by Commissioner
Cartwright.
Commissioner Lyon felt that this motion depicts what the new plan would have to be
and from a view standpoint there would be no uncertainty as to what the Planning
Commission has done.
Commissioner Cartwright felt that one of the advantages of doing this was to help avoid
confusion when this is heard before an entirely new Planning Commission, and in the
meantime guidance has been given to the applicant to redesign their project.
Vice Chairman Mueller was not concerned that the new Planning Commission would be
able to hear this continued item without confusion and be able to make an educated
decision. He was concerned, however, about approving an addition when there are
view issues involved without seeing the finished design and the impact it will have on
the neighbor's views
Commissioner Cote agreed that she could not approve a project that could have
significant view impact to a neighboring property without seeing the finished design
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January 13, 2004
Page 16
Commissioner Lyon withdrew his motion to approve the project and moved to
continue the item to the February 24, 2804 Planning Commission meeting to allow
the applicant time to address the concerns raised by the Planning Commission,
seconded by Commissioner Cartwright. Approved, (4-0)
APPROVAL OF MINUTES
8. Minutes of December 11, 2003
Commissioner Lyon moved to approve the minutes as presented, seconded by
Commissioner Cartwright. Approved, (3-0-1) with Commissioner Cote abstaining
since she was absent from that meeting.
ITEMS TO BE PLACED ON FUTURE AGENDAS
Commissioner Cote noted that she would not be at the January 27, 2004 meeting.
Director/Secretary Rojas thanked outgoing Commissioners Cartwright and Lyon for their
many years of service to the City as Planning Commissioners He also noted that there
will be an orientation for the new Planning Commissioners at 7.00 at the January 27
meeting, with the regular meeting beginning at 8:30
ADJOURNMENT
The meeting was adjourned at 11 05 p.m.
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January 13, 2004
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