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Excerpts of the Draft Planning Commission Regular Meeting Minutes November 13, 2008 Agenda No. 08-21 Page 2 of 7 with a new storage room. The original application was to restore the 3,200 -square -foot, two-story house on the property to a single-family home; it had been a bed -and -breakfast and then a halfway house between 1986 and 2004. When the applicant purchased the property in 2005, she received approval to use the property's Gardener's Cottage for her practice; the Carriage House, the Blacksmith's Shop and the shed were approved for storage use. Planner Penaranda showed photographs of the subject property as well as a vicinity map showing nearby properties, including a BART parking lot, four condominiums; Rose Gate assisted residential care facility, Casa Peralta, San Leandro Museum and St. Leander's church and school buildings. Both the Carriage House and Blacksmith's Shop contain circular staircases and second -floor lofts; the loft in the Carriage House is intended for storage purposes only. The application involves no changes to the exterior of the Carriage House, but to provide emergency egress (a minimum 5.7 -square -foot window per the Fire Code) and increase headroom in the loft -bedroom of the Blacksmith's Shop, that building's height would increase by 14 inches and a 130 -square -foot addition for storage is proposed as well (effectively replacing the existing shed on the property). A laundry room with a separate entrance is included in the Blacksmith's Shop building. Enlargement of this building would be accomplished by the addition of a 1 - foot pony wall along the existing building and extension of the roof. The larger egress window would face the rear of the Carriage House. The proposal includes specifications to retain existing color schemes, detailing and exterior finishes so that the improvements appear seamless. The Library -Historical Commission recommends denial of the application, saying that the proposal alters the basic proportion of the building, that approval would set a precedent for other applications to change historic properties, and that the buildings were never constructed for residential use. The subject property lies within the Transit -Oriented Development (TOD) Strategy area, the DA -3 District. The proposal is for a lower -density development than called for in that district, with minimal impacts on traffic and parking demand. If the Planning Commission finds the proposal to be an orderly use of the property that conforms to the intent of the DA -3 base district and finds the increase a reasonable one that respects the scale and fabric of the neighborhood, staff recommends the Planning Commission forward a recommendation for approval to the City Council. Chair Dlugosh asked whether any Commissioners had questions of staff. Commissioner Ponder wanted to know what other historical properties might be affected by a precedent if this application is approved, and about the eaves relationship to one another with the additional height in the Blacksmith's Shop. Planner Penaranda said that the issue of setting a precedent was a hypothetical. Referring back to the exhibit, noted that the Carriage House eave is at 15 feet, 5 inches and the eave of the Blacksmith's Shop is at 11 feet, 8 inches. Commissioner Ponder noted a handicap access ramp at the Gardener's cottage, and wondered whether that ramp is new. Planner Penaranda explained that the ramp was installed to make the Gardener's Cottage meet B Occupancy (place of business) Building Code requirements, Through the Chair, Assistant City Attorney Rich Pio Roda requested clarification on the response to Commissioner Ponder's question about setting precedents. Planner Penaranda explained that the Library -Historic Commission ruled that approval might set a precedent in that if the height increase request for this particular historical building is granted, other properties with that designation also may make such requests in the future and expect affirmation because this one was permitted. Commissioner Finberg, looking at the loft that would be converted to a bedroom in the Blacksmith's Shop, inquired whether there are any minimums governing sleeping spaces and whether a bed would even fit in a space about 3 `/2 feet wide.. She noted that that the area on each side of the stairwell measures 3 feet, 71/2 inches by 16 feet, 8 inches. How is a livable space quantified, she asked.