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Home My WebLink AboutRESO 4760,·, ... • • ORJGINAL RESOLU'l'ION NO. 4760 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING A MISCELLANEOUS DIVISION OF LAND FOR PROPERTY KNOWN AS 4196 ANO 4198 OAR HILL AVENUE IN THE CITY OF PALO ALTO, ANO GRANTING EXCEPTIONS FOR LOT AREA, WIDTH ANO DEPTH FOR ONE PARCEL, SUBJECT TO CONDITIONS WHEREAS, property described as Lot 19 Oak-Hill Tract, in the City of Palo Alto, and more qenerally known as 4196 and 4198 Oak Hill Avenue, consisting of 2.036 acres, is proposed to be divided into two parcels, one consisting of 1.036 acres and the other 'co;isistinq of 1 • O acres; and WHEREAS, Parcel B is a rear lot, which is required by the Palo Alto Municipal Code to be 1.2 acres in area1 and said parcel is of unusual dimensions, being 89.45 feet deep on the westerly boundary and approximately 230 feet along the easterly boundary and being 233.32 feet wide at the rear property line but only a~proximately 80 feet wide at the front setbacl:,_line1 and WHEREAS, the Palo Al to Municipal Code 1:equires each such dimension to be not less than 100 feet, but the average of the dimensions set forth above ia far in exce,as of these requirements and the differences are due to the unusual tcJ?oqraphy of this parcel: ' ' NOW, THEl\EFORE, the Council of the City of Palo Alto does RSSOLVE a~ follows: SECTION 1. The Council finds that there is aufficient land contained in Parcel A and Parcel B to meot all requi~10enta of the Palo Alto Municipal Code for a miacellianeoua division of land and that there is unusual parcel ataape, due to ":he hilly topography and minimum lot aize zoning of one acr• applicable to this property. The Council further fincla that the exceptions · .. granted herein are nece••~Y for the preservation and enjoyment • • • • of a substantial property riqht of the petitioners and that the exceptions qranted herein will not be detrimental to the public welfare or injurious to other property in the territory in which this property is situated. SECTION 2. The Council hereby approves a miscellaneous division of land into two parcels, designated Parcel A and Parcel B, for property known as Lot 19, Oak Hill Tract, and more commonly known as 4196 and 4198 Oak Hill Avenue, in the City of Palo Alto. Said properties are shown on the map attached hereto and incor- porated herein by reference. SECTION 3. The Council hereby grants exceptions for Parcel B to be one acre in size and for the westerly boundary thereof to be 89.45 feet deep and for the width of Parcel B to be 80 feet plus or minus at the front setback line. These exceptions are granted sub- ject to a..,d on condition of compliance with the four conditions set forth in Engineering Bulletin No. 73-02, as follows: 1. The Faved portion of the 30.05 foot wide access to the rear lot shall be a minimum of 10 feet wide·. 2. All new electric telephone and utility lines shall be in- '"'talled underground. 3. OWners shall provide evidence of payment of all City and County taxes. 4. A final parcel map shall be submitted in accordance with section 21.16 of the Palo Alto Municipal Code and Division IV, Part II, Chapter 2, Article v of' the California Business and Professions Code (Subdivision Map Act) • INTROPUCED ' PASSED: AYES: NOES: ABSENT: UNANIMOUS NONE NONE May 14, 1973 Mayor • • • ·' • • APPROVED AS TO FORM: ~.~Y APPROVED: ~ ci~ APPROVED: ( ~ fJCy , Planngoepirtment 7 -3- ------------ I I f I ' : I I ·f J t I j I I i I L--~ I I ARBUC.KLE I I i I l e PARCEL \ ~M ~~·M·~ BROXHOLM I t:T ~)(! _ ............ . BLOMQUIST CML EMllNEERS ENGINEERING SURVEYORS -66f Live Ook Avenue -Suite No. 2· P.O.BoF 2551 -Menlo Pork · Cohfornia Phone.(4t5l323-0918 • • • RESOLUTION NO. Lt /foO RESOLUTION OF THE COUHCIL OF THE CITY OF PALO ALTO APPROVING A MISCELLANEOUS DIVISION OF LAND FOR PROPERTY KNOWN AS 4196 AND 4198 OAK HILL AVENUE IN THE CITY OF PALO ALTO, AND GRANTING EXCEPTIONS FOR LOT AREA, WI:D'l'H AND DEPTH FOR ONE PARCEL, SUBJECT TO CONDITIO?JS WHEREAS, property described as Lot 19 Oak Hill Tract, in the • City of Palo Alto, and more generally known as 4196 and 4198 Oak Hill Avenue, consisting of 2.036 acres, is proposed to be divided into two parcels, one consisting of 1.036 acres and the other consisting of 1.0 acres; and WHEREAS, Parcel B is a rear lot, which is required by the Palo Alto Municipal Code to be 1.2 acres in area; and said parcel is of unusual dimensions, being 09.45 feet deep on the westerly boundary ·and approximately_~lO feet alonq the easterly boundaey and being 233.32 feet wide at the rear property line but only approximately 80 feet wide at the front setback line; and WHEREAS, tile Palo Al to :1unicipal Code requires each such dimension to be not less than 100 feet:, but the average of the dimensions set forth above is far in excess of these requirements and the differences are due to the unusuai topoqraphy of this parce~; NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. The Council finds that there is sufficient land contained in Parcel A and Parcel B to meet all requirements of the Palo J'.lto Municipal Code for a miscellaneous division of land and.that there is unusual pucel shape, aue to the :nilly topography and minimum lot aize aonin9 of one acre applicable to this property. The Council further find• that the exceptions granted herein are nece•aary for the preaervation and enjoyment \) \<313 ~ . -~-~\~ , (.~vl~Cl ~~~'iv .. • • of a substantial property right of the petitioners and that the exceptions granted herein will not be detrimental to the public welfare or injurious to other ;roperty in the territory in which this property is situated. SECTION 2. The Council hereby approves a miscellaneous division of land into two parcels, .. designated Parcel A and Parcel B, for property known as Lot 19, Oak Hiil Tract, and more commonly known as 4196 and 4198 Oak Hill Avenue, in the City of Palo Alto. Said properties are shown on the map attached hereto and incor- porated herein by r~ference~ SECTION 3. The Council hereby grants exceptions for Parcel B to be one acre in size and for the westerly boundary thereof to be 39.45 feet deep and for the width of Parcel B to be 80 feet plus or minus at the front setback line. These exceptions are granted sub- ject to and on condition of compliance with the four conditions set forth in Engineering Bulletin No. 73-02, as follows: 1. The paved portion of the 30.05 foot wide access to the rear lot shall be a minimum of 10 feet wide. 2. All new electric telephone and utility lines shall be in- stalled underqround. 3. OWners shall provide evidence of payment of all City and County taxes. 4. A final parcel map shall be submitted in accordance with Section 2i.16 of the Palo Alto Municipal Code and Division IV, Part II, Chapter 2, Article V of the California Business and Profession• C~e (Subdivision Map Aet). I?ttRODUCE.D & PASSBD: HCUJ 14 , cr73 AYES: NOES: ABSEN'l': ATTEST: APPROVED: cl ty Clerk v Mayor -2- '. • APPROVED AS TO FORM: Assistant city Attorney APPROVED: City Manager APPROVED: Planning Department • ·· ____ .... -3- . .. ... .. ~-, . . . '· I JI .. I' I I ( ~ I ;I ' •• I . · ·. . . · . . ARBUCKLE HO<i/\N .. "" Git MG. 1.00 Mo .. . fAtlCC~ 8 .• . . . .. ,· .. HOC.~ .· t.o:r 1a . . . ,. . . . .. .· · · . \/\c. \W \"'t'C tt\~ · ·.·. "° ~ .,1 .. I·.~ . · 8ROXHOLM LOT 20 BLOMQUIST ENGINEERING CtVoL ENGINEERS SURVEYOfltS . 661 Liv. DP Aw--S"ite No.2· P.0.80& 2!1.51 .., ..... P0t• . C'8tw,,;o PtooM1415lll3-0918 , ' • April 20, 1973 PLANNING COMMISSI~ Palo Alto, California Ca1y of J1'lo Jl lto CAllF0~1\l' ~4~0 1 • Miscellaneous Division of L~nd -The appeal of Joel Rosenberg for property located at 4196 and 4198 Oak Rill Avenue Owner and Applicant: Joel Rosenberg and Richard Hoian Engineer: Frank Blooruquist Existlng Zoning: R-E (minimum lot area 1 acre) Existing Use; Single-family residential Proposed Use: Single-family residential Total Area: 2.036 acres Location: 4196 and 4198 Oak Hill Avenue, Lot 19, Oak Hill Tract Background: This application was filed in order to corr~ct an illegal division which was created approximately six years ago. At that time, the entire property was owned by a Kenneth Dorst. Mr. Dorst sold Parcel B to Richard Hogan and ap- proximately one year later sold Parcel A to the Chapman.'s. · In 1970, the Rosenberg's acquired Parcel A. The application was denied because Parcel .d is substandard in depth, width and area under the R-E zone. Parcel A,· owned by Joel Rosenberg, contains 1.036 acres and exceeds tne width, depth an(i an.a requirements of the Zoning Ordinance. Parcel B, owned by Richard Hogan, contains a gross area of one acre, but is a rear lot and, as such, is required by the Subdivision Ordinance to have a net area of 1.2 acres exclusive of any access to a public street. Parcel B is also substandard in depth and width due to the angle of the line which divides Parcels A and B. If thi~ 1pplication were approved, Parcel A would comply with the requirements of Lhe urdinance; however, Parcel B would have some shortcomings. The depth of Parcel B along the westerly boundary is 89.45 feet and approximately 230 feet along the easterly boundary. The width of Parcel B at the rear is 233.32 feet, and the width at the front of the lot measured along the setback line is approximately 80 feet. If the width and depth are averaged, the results would be well over the 100 feet minimum. , • • Page Two Parcel B contains approximately 0.9 acres net. The Subdivision Ordi- nance requires that a rear lot be 20 percent larger than the Zoning Ordinance requirement for ~hat district. Thus, Parcel B should have an area of 1.2 acres net. This 20 percent increase in lot area was intend- ed to apply primarily in small-lot districts. Reconanendation: Since Parcel B nearly meets the letter of the Subdivision Ordinance, i~ is recommended that the application be approved subject to the conditions listed in Engineering Bulletin No. 73-02. Respectfully submitted, .f ~// ?-v.d#- FRED V. NIDIFFEk Subdivision Processor FVN/ams Attachments ; ,, I I ' TO: FROM: • ENCiINEERlNCi BULLETIN 73-02 Director of Planning March 19, 1973 Manager of Public Works Engineering SUBJECT: Tentative Parcel Map 4196, 4193 Mesa Avenue Lot 19, Oak Hill Tract This map proposes a division of a lot which was illegally divided by a previous owner and recorded with the County. All public improvements ar~ in and in good condition. The rear lot is substandard in depth, width1 and lot area. \ If approval is granted. it should be subject to the following conditions: 1. The pave-cl portion of the 30. 05 foot wide access to the rear lot shall be a minim.um of ten feet wide. 2. All new electric. telephone and utility lines shall be installed underground •. 3. The owners shall provide evidence of payiu.ent of all City and County taxes. 4.. A final parcel map shall be submitted in accordance with Section 21. 16 of the Palo Alto Municipal Code and Article 5 of the State Subclivi&ion Map Act. A. W. RESCHKE Manager of Puolic Works Engineering CAB:edb Attaclunen t .,.,_. __ ---. " .. --.-... -_,.--........ -.--~--------·~ ..,_...,,___ '" . ' ..: .. ,. . . -.·-· .r-, ~ ·.. . ••• • APPLICATION FOR CONDITIONAL EXCEPTIONS • .,~ ,,-u .... ,,. u·· \•/ 'L "", i L. \l l!::J ~ l-'::;i u l!::..i L:-:; . : . APR 13 1973 I I i bEPARfMENl Of Pl.ANNING . l CIT~' 01 PALO ALTO I Applicant 1 s Name;........._...:J:;..:o:..;e:;..:1::......:H~·:........:R:..:.o::;.:s=-e::;.:n:..:.b;:;..e::;.:r::..gg_ ___________ _ Subject Property Lot 19, 4196 Oak Hill Aye, , Oak Hill Tract '$ection for Which Exception is Requested Zl.JZ. OS"O(b) 1'2.1. Z0./10 \ {a) There are special circumstances or conditions affecting the property. The property was subdivided illegally some 2 years prior to ~ur ownership. At the time of sale there was no indication on the deed of the sale of land. There is no way to acquire extra land to bring Lot B to correct size. (b) The exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner. Without approval of this subdivision, we are refused the right to be granted a building permit for any improvements or additions to the property •• (c) The granting of the exception will not be detrimental to the public welfare or injurious to other prooertv in the territory in which the property is situated.. · · The granting of this exception will in no way be detrimental to adjacent properties or to the public in general. The property is or such a nature that it is tucked back into a corner and is not individually unique in relationship to the other lo*s in the area. ~...,........~ ............ ~7---... .,.._ ·--~~ -:-:-~ -. - : ' .,...~-,•--·•-••-•.-u-.•••--•--·----,•;iiir--• ~ '"t•••''" ,, . ._... ••Ao• "'." • ;• ••.....-·-·· --.. .. -....... ,. ,, • Apri~1, 197.) Gentlemen1 I.purchased Lot A. on the pr~~osed subdivision from Mr. David Chapman. Mr. Chapman purchased the lot from Mr. Kenneth Dorst, whc, during ownership, owned the entire Lot 19. Mr. Dors~ subdivided the entire lot 19 into two Parcels A and B. He sold parcel B to Mr. Richard Hogan. At that time Mr~ Dorst did not go through the normal subdivision prodedure with the City of Palo ~lto. I have been advised since I have become the owner of Lot A that I nay not add on to my house because the Lot for which I want a building permit is part of an illegal subdivision. I have been advised the unless the subdivision is formaliy submitted and approved, I will not be able to make any improvements to my home and land. I have had to hire a Licensed Land surveyor and have submitted the subdivision for approval. lam advised of the denial in Mr. Nidiffer•s letter of April 9, 19?J. I feel that I,Bni an innocent victim of Mr, Dorst•s subdivision over which-I-now have absolutely no control. There was no reasonable way of my knowing of such a problem as the Lien that the City had against the property was placed against Mr. Hogan's portion of the land, Lot B. There was no information from the City that my la.~d was unacceptable at the itme of sale. My wife is·pregnant and due in June and we are in nedd of enlarging the home and this process of obtaining a building permit has taken much timP and energy for both the City Staff and myself.· I would hope that you will accept my appeal and enable this matter to be cleared :up once and for all. I would like to mention the vast patience, understanding and consideration that your Mr •• Charles Borg has shown through- out this ordeal. A formal note· of appreciation is well deserved. Sincerely, . ··""'-'.:~ --~ ,,.. ' - • ... , . • . IRVIROlll!NTAL DOC'UMEHTS -PALO ALro / I I ; . PULIMINARY ENVIRONMENTAL ASSESSMENT Ramie of Project Miscellaneous Division of Land Locetion 4196 & 4198 Oak Hill Avenue • IIA-1 73 Sponsoring Person or ~ency_.:!..oe'-l_R_o_s_en_b_e_r_.g ______ -------__ _ Address of Applicant 4196 Oak Bill Avenue Zoning ·at Project Location..__R_-_E _____________________ _ The undersigned, having received this project for processing, bas reviewed the proj~ct for enviromzlP.ntal impact and concluded: \ \ The \project qualifies for a categorical eumption under the procedures· adopted by the City of Palo Alto. and no further environmental assess- ment is necessary. App~cable Exemption Class __ _..IX..-i.y~a~t~e;...;;.Pro=.-..t_e_c_t_4_a--.·------------------- r:i The project does not qualify for a cateaorical exemption, and is hereby transmitted to the Planning DeparUJeQ.t for an environmental assessment. aecetved by ![~.:dJ tr. 11~/L. :,_. /I /) Date'---,~~~r ...... s_,_~--~1~7~,--1_f~7--~----------- .Reviewed During Agency or . -l Processing By: Department Date Aaree D:taagr.ee -:~~(.' (1-.4 • A ' 4--J t:-z ~ ~ ~ / .... ,~ ,\../ --J v· J - 1-10-73:500 . ) . - . . ... I •.• I 1 •· i •• I: . I .· . . : . ~ . . · ... , .. . · .• . ... ARSUCklt •.·· ..... ,· .· . ·... ".· . '• ·. . . . .. . . . ·; ~ . .. . . . ·. . t. . : .. : . .. .. . " ... ·. . . ·• l'J • : ..• . -~-_;:<~ ~·1' \\:'; '.'~ ' ·~ . . ·..:··-,·:'·.· .. \: s1 ") .. : :;=--:-.-: .. · ... :·. ~:~. . . · .. · ·1~· . '\' Pit1tc•~ A .: . :'· : -~··. . . .... .. ... . 1.00 Ac,. •. ·, . · .· .. ·,. . . .• : f ,: .• ••. .. • fAtlc.C~ 8 . . 'I . . ' · ... .• . '. : .. 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