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Resolution 13161CITY OF ALAMEDA RESOLUTION NO. 1 31 61 SUSTAINING APPROVAL BY THE PLANNING BOARD OF THE CITY OF ALAMEDA UPHOLDING MINOR DESIGN REVIEW APPROVAL FOR THE CONSTRUCTION OF A SECOND STORY ADDITION AT 11 CHILMARK LANE, ALAMEDA, BRIAN AND SUSAN MADDOCK WHEREAS, an application was made on June 28, 1999 by Brian and Susan Maddock for a Minor Design Review to construct a second story addition; and WHEREAS, the subject property is designated Low Density Residential on the General Plan Diagram; and WHEREAS, the subject property is located in a R -1 -PD (One Family Residential- Planned Development) Zoning District; and WHEREAS, the Planning Director approved the Minor Design Review for the proposed addition; and WHEREAS, on September 2, 1999 Joseph and Diane Audelo filed an appeal of the Planning Director decision to the Planning Board; and WHEREAS, the Board held a public hearing on this application on September 27, 1999, and on October 25, 1999, and examined pertinent maps, drawings, and documents; and WHEREAS, the Planning Board considered the appellants' basis of appeal which can be summarized as concerns with light and massing, and has considered the Planning Director's response and found there is no basis to grant the appeal. WHEREAS, on October 25, 1999, Joseph Audelo filed an appeal of the Planning Board decision to the City Council; and WHEREAS, the City Council held a public hearing on this appeal on December 7, 1999, and examined pertinent maps, drawings and documents; and WHEREAS, the Council has made the following findings to uphold the Planning Boards determination and approved the Minor Design Review: 1. The project will have no significant adverse effects on persons or property in the vicinity. The subject building is currently one story (15 feet 6 inches high) and the surrounding residences are greater than 20 feet high. The proposed 678 square foot second story addition is above the garage; the maximum height would be 24.3 feet (the neighboring property closest to the garage is to the South and stands 25 feet high). The neighboring property to the South is addressed 129 Basinside Way. The property at 129 Basinside Way has a 5 foot easement from the property at 11 Chilmark Lane; there is a 13 foot setback between these two houses. In the winter the solarium style nook might experience less early morning sun, but the shading does not constitute a significant adverse effect on the persons or property. 2. The project will be compatible and harmonious with the design and use of surrounding properties. Resolution #950 approving Planned Development PD -77 -5 permits encroachments into the required yards to allow for greater flexibility in design and to achieve a greater variety of street frontages. The proposed addition is in conformance with the allowed encroachments. The addition is designed in conformance with the design requirements and compliments the design of the existing structure. The proposal includes matching siding materials, windows, and roof pitch. The additional height gained in this addition would be similar to the adjacent two story structures at 19 Chilmark Lane and 129 & 121 Basinside Way; the rear neighboring property, at 40 Clipper Drive, is a single story house with volume ceilings and stands greater than 20 feet high. 3 The project will be consistent with the City's Design Review Guidelines. The proposal has an appropriate sense of scale, a compatible roof line and harmonious colors and building materials as the Design Review Manual, Building Design section requires. THEREFORE BE IT RESOLVED that the City Council of the City of Alameda hereby sustains the Planning Board approval of a Minor Design Review for 11 Chilmark, subject to the following conditions: Plans submitted for Building Permit and all construction, shall substantially comply with the plans prepared for 11 Chilmark Lane by DPA, INC., consisting of three full sized sheets, titled "Maddock Residence ", and marked "Exhibit A ", on file in the City of Alameda Planning Department, except as modified by these conditions of approval. 2. The windows of the addition shall have muntins and mullions to match the windows of the existing residence. 3. This approval is valid for six months. The building permit for this work must be obtained prior to February 23, 2000, unless the applicant applies for and is granted a six (6) month extension by Design Review Staff prior to expiration. Only one (1) extension may be granted. 4. Any changes to the exterior details from the approved plans shall be submitted for Planning Staff review and approval. NOW therefore be it resolved that, the City Council upholds the Planning Board decision to uphold the Planning Director's Minor Design Review Approval. NOTICE, No judicial proceedings subject to review pursuant to California Code of Civil Procedure Section 1094.5 may be prosecuted more than ninety (90) days following the date of this decision plus extensions authorized by California Code of Civil Procedure Section 1094.6. NOTICE. The Conditions of Project Approval set forth herein include certain fees and other exactions. Pursuant to Government Code Section 66020(d)(1), these conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations and other exactions. You are hereby further notified that the 90 day appeal period in which you may protest these fees and other exactions, pursuant to Government Code Section 66020(a) has begun. If you fail to file a protest within this 90 day period complying with all the requirements of Section 66020, you will be legally barred from later challenging such fees or exactions. 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 7th day of December , 1999, by the following vote to wit: AYES: Councilmembers Daysog, DeWitt, Johnson, and Mayor Appezzato - 4. NOES: Councilmember Kerr -1. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seas of said City this 8th day of December , 1999. Diane Felsch, City Clerk City of Alameda