Loading...
HomeMy WebLinkAbout86-026 Hall-Fraser VAR CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: September 15, 1986 SUBJECT: Planning Commission Planning Staff t^tj~ ff PA 86-026 Hall-Fraser Variance, 11791 Bloomington Way. TO: FROM: GENERAL INFORMATION: PROJECT: An application request to vary from required setback regulations for Accessory Buildings (Sections 8-60.26 and 8-60.27 of the Dublin Zoning Ordinance). APPLICANT/ REPRESENTATIVE: Keith S. Fraser P . 0 . Box 511 Livermore, CA 94550 PROPERTY OWNER: Ralph Hall 11791 Bloomington Way Dublin, CA 94568 PROPERTY AND ZONING: 11791 Bloomington Way Zone: R-I-B-E Single Family Residential Combining District APN: 941-2757-87 SURROUNDING LAND USE & ZONING: Single Family Residential, R-I-B-E GENERAL PLAN DESIGNATION: Single Family Residential .9 to 6 units per acre APPLICABLE REGULATIONS: Section 8-60.26 (Accessory Building) of the City's Zoning Ordinance requires detached accessory buildings in an R District to maintain a six (6) foot minimum setback from any other building on the lot. Section 8-60.27 states in part that no accessory building in any R District shall be within six feet of the side line of the front half of an abutting lot, or occupy the front half of a lot, or either front quarter of an interior lot abutting two streets, provided, however, that this restriction shall not require any accessory building to be more than 75 feet distant from any street lot line. Section 8-93.0 (Variance) indicates that the strict terms of the Zoning Ordinance may be varied in specific cases upon affirmative findings of fact upon each of these three requirements: ITEM NO. ~ COPIES TO: Applicant Owner PA File 86-026 a) That there are special circumstances including size, shape, topography, location or surroundings, applicable to the property in the vicinity under the identical zoning classification. b) That the granting of the application will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone. c) That the granting of the application will not be detrimental to persons or property in the neighborhood or to the public welfare. Section 8-93.1 - .4 establishes the procedures, required action and effective date for granting or denying a Variance, and indicates the granting of a Variance shall be subject to conditions, limitations and guarantees. ENVIRONMENTAL REVIEW: Categorically Exempt, Class 5 NOTIFICATION: Public Notice of the September 15, 1986, hearing was published in The Herald, mailed to adjacent property owners and posted in public buildings. BACKGROUND: On January 9, 1985, the City Building and Zoning Inspector posted a Stop Work Order at 11791 Bloomington Way for the construction of an accessory structure within the required sideyard. In a letter dated January 16, 1985, the City Inspector notified the property owner that the structure was in violation of the Zoning Ordinance requiring 1) a minimum six-foot setback between an accessory structure and other structures on a lot, and 2) no accessory structure may be built within the front half of a lot. The Property Owner was also informed at the time to either remove the accessory structure by February 15, 1985, or to move the structure to the rear portion of the lot. The Property Owner is now requesting a Variance from the zoning setback requirements for accessory structures. The City processed this zoning violation as a typical violation in which 1) an Office Hearing with the City's Building Official was held, 2) as the violation continued, a Citation Hearing with the Deputy District Attorney was held (at which the Applicant was given 20 days to apply for a Variance), 3) with the zoning violation still in existence, the City requested the Assistant District Attorney to prepare a criminal complaint against the Applicant, and 4) a court date and Readiness Hearing with a judge was scheduled. Subsequently, the Property Owner applied for a Variance from the following City setback regulations relating to Accessory Buildings: 1. Accessory structures must maintain a six-foot minimum setback from other existing structures on the site. 2. Accessory structures shall not occupy the front half of a lot. 3. Accessory structures must maintain a six-foot setback fom the side line of the front half of an abutting lot. On July 29 and August 12, 1986, the Zoning Administrator held a public hearing to consider the Variance application. After receiving testimony from Staff, the Applicant and the public, the Zoning Administrator denied the Applicant's Variance request, indicating the three mandatory findings of fact could not be made to justify granting the Variance request. ANALYSIS: The Applicant indicates the existing shed is 8.25 feet by 6.5 feet and has a height of 7.25 feet. The shed is four feet from the side propertyline, 1.66 feet from the house, and is approximately 43 feet from the front propertyline. -2- The sideyard in which the shed is located is 14 feet wide. The required sideyard setback for the main structure on this lot is 7 feet. The following is a summary of the pertinent zoning setback requirements for accessory structures and proposed/ existing shed setback: Minimum Zoning Requirement Proposed/ Existing Setback from other structures on lot 6 feet 1. 66 feet Front half of lot 56 feet 43 feet Setback from sideline of front half of abutting lot 6 feet 4 feet In addition to non-compliance with the City's Zoning regulations relating to Accessory Structures, the existing shed does not comply with Building and Fire Code regulations. In order for the shed at its present location to comply with the Building Code, a one-hour fire rated wall is required on a portion of the house wall, the eaves of the house must be one- hour fire rated, and the shed is required to have a one-hour rating. Prior to granting a Variance, three affirmative findings of fact must be made. The Applicant's and Staff's response to the mandatory findings are as follows: A. That there are special circumstances including size, shape, topography, location or surroundings, applicable to the property which deprive the property of privileges enjoyed by other property in the vicinity under the identical zoning classification. APPLICANT: (1) Applicant had no knowledge of the requirement of setback. (2) Before construction of said structure commenced, a grading plan was filed with and reviewed by City Staff. Said plan indicates with specificity the "shed pad." The landscape plan was submitted by the Applicant's contractor, and no comment was made to the contractor or owner by City Staff. (3) Said structure was substantially completed before the Applicant was made aware of his violation. (4) No complaint was made by anyone in the neighborhood and/or subdivision. STAFF: There are no special circumstances related to size, shape, topography, location or surroundings of this property which would warrant granting a variance, in that the lot is commensurate with other lots within the immediate vicinity and zone. The lot is consistent with the Median Lot Area (8,000 sq. ft.), and Median Lot Width (70 ft.) and minimum setback requirements (7 ft. sideyards, 20 ft. front and rearyard) as established for the zone in which it is located. The lot has sufficient sideyard and rearyard area to locate the shed without the need for a Variance. Relocation of the shed to the mid-point of the lot, 56 feet from the front property1ine, would allow the Applicant to maintain the required setback from existing structures on site, and would place the shed in the rear half of the lot, thus eliminating the need for all three Variance requests. In response to the Applicant's statement that the location of the shed pad was indicated on the landscape plans reviewed by Staff, the Landscape Plan for the Hall Residence, filed with the Building Department, does not label the subject area as a shed building pad. -3- B. That the granting of the application will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone. APPLICANT: (1) Said structure was constructed without any knowledge of the law and without willful disregard of the zoning laws. (2) The structure was substantially complete prior to Applicant's awareness of the illegality. There remains adequate sideyard access for fire and safety. (3) Since the structure had been completed, no precedent will be set. STAFF: There is nothing unique or special regarding the size, shape or topography of this lot which would preclude the Applicant from maintaining consistency with the setback limitation placed on this property and others in the vicinity and zone. The granting of this Variance will constitute a special privilege. C. That the granting of the application will not be detrimental to persons or property in the neighborhood or to the public welfare. APPLICANT: (1) Other adequate sideyard access is available for fire and safety. (2) No one in the neighborhood or subdivision has complained about the use. (3) Said structure is aesthetically pleasing and not a detriment to the neighborhood. STAFF: The granting of this Variance may be detrimental to persons or property in that as the accessory structure is presently constructed it does not meet the Building and Fire Safety Code requirements. Staff recommends denial of the Applicant's Variance request, in that an affirmative response to all three findings of fact cannot be made. In addition, other alternative locations on the site exist for the shed, which would not result in the need for any Variance recommendation. RECOMMENDATION: FORMAT: 1) 2) 3) 4) 5) Open public hearing. Hear Staff presentation. Hear Applicant and public presentations. Close public hearing. Adopt Resolution denying Variance request, or continue item and provide direction to Staff. ACTION: Staff recommends the Planning Commission adopt the attached Resolution upholding the Zoning Administrator's decision denying PA 86-026 Hall-Fraser Variance. -4- ATTACHMENT: Exhibit A: Resolution of Denial Background Attachment: 1. Location Map 2. Plans, Applicant's Statement 3. Zoning Violation letter dated January 16, 1985 4. Portion of Landscape Plan on file with Building Department S. ZA Resolution No. 4-86 6. ZA Meeting Minutes: July 29, 1986, and August 12, 1986 7. Applicant's Appeal Letter, dated August 20, 1986 -5- RESOLUTION NO. 86- A RESOLUTION OF THE DUBLIN PLANNING COMMISSION UPHOLDING THE ZONING ADMINISTRATOR'S ACTION DENYING PA 86-026 HALL-FRASER VARIANCE REQUEST TO ALLOW AN ACCESSORY STRUCTURE IN A REQUIRED YARD AREA WHEREAS, Keith Fraser has filed an application on behalf of Ralph Hall for a Variance from Sections 8-60.26 and 8-60.27 of the City's Zoning Ordinance to allow a small accessory structure (shed) in a required yard area at 11791 Bloomington Way; and WHEREAS, the application has been reviewed in accordance with the prOV1Slons of the California Environmental Quality Act and has been found to be categorically exempt; and WHEREAS, the Zoning Administrator held public hearings on said application on July 29, 1986, and August 12, 1986; and WHEREAS, proper notice of said public hearings was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending denial of the Variance application; and WHEREAS, after hearing and considering all said reports, recommen- dations and testimony, the Zoning Administrator denied the Variance request indicating that the three mandatory findings of approval could not be made; and WHEREAS, on August 20, 1986, Keith Fraser, representing the Applicant, Ralph Hall, filed an appeal of the Zoning Administrator action; and WHEREAS, the Planning Commission held a public hearing on said appeal on September 15, 1986; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending upholding the Zoning Administrator's action denying the Variance applications; and WHEREAS, the Planning Ccommission heard and considered all said reports, recommendations, and testimony as hereinabove set forth; NOW, THEREFORE, BE IT RESOLVED THAT the Dublin Planning Commission does hereby find that: A) There are no special circumstances including size, shape, topo- graphy, location or surroundings, applicable to the property which would deprive the property of privileges enjoyed by other property in the vicinity under the identical zoning classification, in that the property located at 11791 Bloomington Way is commensurate with other property in the vicinity under the identical zoning classification. B) The granting of the Variance application will constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone, in that there is sufficient area in the rear half of the property (within the sideyard area and the rearyard area) for the relocation of the shed, said relocation would not necessitate a Variance request. Addi- tionally, the granting of this Variance request will constitute a special privilege in that other properties in the zone must main- tain the required setbacks unless finding "a)" relating to special circumstances can be made, no special circumstances peculiar to this lot exist relating to size, shape or topography. -1- ',..,,~ ,,+;l.'-i.< A 1'(it ,) f, C) The granting of this Variance application will be detrimental to persons or property in the neighborhood or to the public welfare, in that given the shed's present location and current construction type, it is not in conformance with the Building and Safety Codes. BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby deny PA 86-026 Variance application, thereby upholding the Zoning Administrator's action, and directs the Applicant/Property Owner to remove the existing accessory structure (shed) or relocate the accessory structure to an area consistent with the setbacks for accessory structures in R Districts (M.C. Section 8-60.26 and 8-60.27) prior to October 1, 1986. PASSED, APPROVED AND ADOPTED this 15th day of September, 1986. Planning Commission Planning Director -2- "'"l'- '>r '--- :' '-4,:'" ~~ I A", _. APPLICATION FOR VARIANCE WRITTEN STATEMENT OF RALPH HALL Variance is necessary to Section 8-60.26, Accessory Buildings, and 8-60.27. Mr. Hall, without informing himself ~f the Ordinance, constructed a utility shed which is 8'x6'xI0' high with cedar siding, a pitch shake roof and painted the same color as his house. The utility shed is on the north side of his house approxi- mately five feet from the neighboring fence. There have been no neighborhood complaints, and a variance is requested to allow the accessory building to remain. RECEIVED I ' ~ R 2 '/ 1986 A Tf4PHM{r~T 2.A "f' . ~ Cf (:- VARNI, FRASER. HARTWELL, McNICHOLS & RODGERS A PARTNII!;RSHIP INCLUDING PRO"II!;SSIONAL. CORPOR...TIONS .JAMII!;S I. "'9Hl!:R KEITH S. ,......SERiIl .JOHN S.HARTWEL.L. L.ORI!:NE KELLY-HOL.L.ISTER ......RTIN W.INOl!:ReITZEN D",VID P. L....N ,..t:RM...N eONNl1I!; LEWM"'N STIltPHl!:N L.R.MCNICHOLS. .JR. LIONEL A. ROOGERS..JR. eRIAN o. SEIBII!;L "'NTHONY l!I. V"'RNI . 2109 FOURTH STREET P. O. BOX !511 LIVERMORE, CALIFORNIA 94S!50 (41!5) _7-1222 HAYWARD O,.,.ICIt 22:771 ",AIN STREET P. O. !!lOX 570 HAYWARD, CAUFORNIA Q.4.543 (.4lsl eee- sooo April 30, 1986 SOlANO COUNTY O"l""ICIt 1""'8 TE.NNESSEE. STRE.E.T VALL~O,CALI"ORNIA ~!5li1'O (707) &42-15-42 -" ~ftO"'USIONA" COftPOftATION RECEIVED. ',986 :. .-.'( 1 PL~S"'NTON O,.,.'CE. 82: WEST NE"'L STREET Pl.EASANTON I CALIFORNIA Q4!586 1.04lel a....e.gOZ!5 .... ......1 DUBLIN PLANNING Al!:PI.. Y TO: Livermore FILE. NO: 608821 Ms. Maureen O'Halloran Associate Planner City of Dublin P. O. Box 2340 Dublin, CA 94568 Re: PA 86-026-Ralph Hall Variance Request Dear Ms. O'Halloran: Enclosed are the ten copies of the site plan accurately drawn and fully dimensioned. Findings: a) Special circumstances. (1) Applicant had no knowledge of the requirement of setback. (2) Before construction of said structure was com- menced a grading plan was filed with and reviewed by City staff. Said plan indicates with specificity the "shed pad." The land- scape plan was submitted by applicant's contractor, and no comment was made to contractor or owner by City staff. (3) Said structure was substantially completed before applicant was made aware of his violation. (4) No complaint has been made by anyone in the neighborhood and/or subdivision. b) There is no granting of special privilege in that: (1) Said structure was constructed without any knowledge of the law and without wilful disregard of the zoninq laws. ATTaCHMENT ~ ~n0-0Z0 fj ... .~ @'" C-':'__: ~~.:;.. @;.". .:.::';'x.' -';.r Ms. Maureen Q'Halloran Page 2 April 30, 1986 (2) The structure was substantially complete prior to applicant's awareness of the illegality. There remains adequate sideyard access for fire and safety. (3) Since the structure had been completed, no precedent will be set. c) The granting of the application will not be detri- mental to persons or property in the neighborhood or to the public welfare in that: (1) Other adequate sideyard access is available for fire and safety. (2) No one in the neighborhood or subdivision has complained about the use. (3) Said structure is asthetically pleasing and not a detriment to the neighborhood. Very truly yours, VARNI, McNICHOLS & RODGERS 5a~ s. FRASER KSF:br Enclosures ~-- ---..--.-.-----..- --- --.---..._-.----------- -_.__._--_.__._--~-------.--_._--....._------ --- - ~----- _..._-------~&.--.,;.-_....---------_. ,... ..,. JiJ!T W<<L \ 0 .0 \ 0 \ 0 '8 \ 0 [- \) -rftll!t7.r1i """" ~ - .---.----- 001 'o:-~ --", ~ 0 1 " oil 0 I ~ \+ \ 0 I B o 000 _ '" __._ .<~,.....;~X.;'j ~ . _ _ _ ."-.F:<- "-' . _.,..",~ """") 0 0 0 0, .. o . _..- _.. - ----.. --.-' -..- . . . ..- . ---- .-- tAIl''' .. -t-B ~ \ ' \ I ""... 0''' -r~ \0 ." _ c-CXIN6' I / I -~E -r': I 0 0 0 ? 0 ,I, ~ "'iJ-7.~'" ;u.-NJ6... I .cr'oL ;:a- A fj~:'IO~,VC~ A3r""" c.:.r'- o :h/iIO~" ~/ &. eRAIt c;~.ftU( ~ ., ~ b ;0 ~ - - m .......;-. Z ;:.:; () I ~.:> "tI m ~ ~ - ;Z -' 1.\' LMI: <.0 < ~ <Xl ~iW'l!le~' en m 0 o o tt~. :'~~U-I. I' ~ .......',. ~.' ..... r.... ~ t._........ ...5....r.. "-" .. ~ '" ~ ,i'~ "'~ ~t~' ~ .- ..'~' , l A~ I B ~.;~ ", L."'{.'" ~.'."~.i~.:" '.'.' f;4 fi. . j~~iirnLli 'PAg~.oUo Inql t2;lOOMil\S{"t\ 1 ~ CITY OF DUBLIN Development Services P.O. Box 2340 Dublin, CA 94568 January 16, 1985 Planning/Zoning . 829-4916 Building & Safety 829.0822 Engineering/Public Works 829-4916 Hr. Ralph Hall 11791 Bloomington Way Dublin, CA 94568 FILE COP l' RE: ZONING VIOLATIONS AT 11791 BLOOMINGTON WAY On January 9, 1985, a Stop Ivork Order was posted at -c.ne above address for an accessory structure in the required side yard. Your phone call to our office indicated that the structure was 7' into the rear portion of your lot. Your required side yard is 7 feet of open space on each side of your yard and the zoning Ordinance, Section 8.60.26 (see attached) states, in part, that no accessory structure shall be constructed within 6 feet of any building, or within the front- half of any lot in a R-Ois"trict, or required side yard. To answer your statement, 56 feet is one-half of your lot. Your side yard, where the structure is being built, is 14 feet in width. Therefore, with the 7 feet required side yard and the 6 foot from any building requirement, the accessory structure shall be removed by February 15, 1935, or moved to the rear portion of your lot. It was also brought to our attention that a mobil unit is being stored in the required side yard, this is in violation of Section 8-60.33, (see attached) it shall also be removed by February 15, 1985. On August 10, 1984, a building permit was issued for a sprinkler system, deck, spa and exterior lighting. On August 16, 1984, an inspection was made and a correction notice was left. As of t~ date no reins?ection has been called for. Therefore, within~ days, an inspection shall be called for to insure that the corrections have been made. If you have any questions, please call me at 329-0822, between the hours of 8:00 a.m. and 10:00 a.m. ~l\.\Lt,,~ II \\\~C~ ROBE?~T 'dHIJ.'E DUILDE1G ACID ZO;-lE'lG I~,TS:?ECTIO~\i Enclosuj~,= ATTACHMENT c: c \ 9 8-60.32 ACCESSORY STRUCTURES: IN REAR YARD. Except as other~ise provided in Section 8-60.29 for a stable, detached Accessory Buildings in an R District may occupy up to a maximu~ of thirty per cent of the area of a required rear yard, provided that the maximum 30% coverage provision shall not apply to private s~imming pools. (Amended by sec. 4, Ord. 68-33) 9 . .I :.':" ." 8-60.33 YARD REGULATIONS. In order to secure minlmum basic pro- ,.___vlslon for light, air, privacy and safety from fire hazar'ds, it is required that every building hereafter constructed shall be u'pon'a -.,., Building Site of dimensions such as to' provid~ for 'J;'he"y'ards" . ........ . specified for the District in ~hich the lot is located, and the'follo~~ ing sections shall apply and control. Every such Yard shall be open, . and unobstructed from the ground up~ard, '.except 'as otheI>:1ise"pr;vided':)"~ for Accessory Buildings in Sections 8-60.27,-.8-60.31 and 8':60.32, 'for fences in Section 8-60.53 and for other buildings"in'Section 8-60.37 and for signs as regulated by Section 8-60.65 and Section 8-60.59.(b). No 110bilehome, Rec~eational Vehic'le,utility .trailer~ .;nm~~~t~d samper top or' boat shall be stored in the Front ):ard or the required Side .:". ~ardinanyRDistiiCt". ' "':''''-,'-:::':;;>'~'' (,blended by sec. 11, Ord. 68-27; a.'!lended by' sec. 5, 'Ord. 68-33; a.-nended by sec. 4, Ord. 69-93) , ..... . ;.:. 9 8-60.34 YARDS: DI~~~SIONS. Every front yard shall have a depth equal to or greater than that required for the District,and shall extend across the full ~idth of the front of the Building Site. . Every Rear Yard shall have a depth equal to or greater than that required for the District and shall extend across the full ~idth of the rear of the Building Site. Every Side Yard shall have a ~idth'equal to or greater than that required for the District and shall extend along J;he side Lot Line fro~ the front Lot Line to the rear Lot Line. 9 8-60.35 Y. DS: ME..I..SUREHENT: RE.~'R. A..'iD SIDE LiliES. The measureoent of the r~qui~~d depth of a Rear Yard or the required width of an interior side yard shall be horizontal and inward from the Lot Line at a right angle. ~nere the side Lot Lines converge, or nearly converge, a line ten (10) feet long ~ithin the lot, parallel to the front Lot Line and at a maxL'llum distance therefrom shall be deemed to be the rear Lot Line for the purposes of this se~tion. ~ 8-60.36 YARDS: ~ASuKE~NT: FRONT LINE. The measurement of the required depth of a Front Yard, or the required ~idth of the street side yard of a Corner Lot, shall be horizontal and in~ard from the street Lot Line at a right angle; provided, however, that .where any official right-or-way line, or any Future Width Line pursuant to Section 8-80,0, traverses the building site, the measure!:lent here specified shall be taken fren such right-of-way line, such Future Width Line or fron the street Lot Line, whichever produces the lesser yard. Through Lots have two fr~nt Lot Lines, from each of which a Front Yard shall be measured. I 'j /.1 \ " ., \ )) '\ . { -- \, '1 / --,.... .~.. -;".' ':~':~::;:_'~ '. -' - . ..;~~~:~; ... . _ ._.-__'_W. '..:. ...~ . . ....;.___ ~'_:#"__"': .:'~ . --_.-....:i.._::...~~~...~_::..':..-~~~.:':"- "_#_'. : :- -; :.... . .<J ':dll~' ('.1 1 H'I:Jn2 . !):f~...iii.V';;..\ 5J~= '.Jd[J~;jf~1.':/~'li:'21:!3;;J!0~~:Z,~~':';'G:::~8r, C:.,~g '.':' :)"'w.€i':~:I.~:;;~~'~r;,;r;~I~'~I~~1~f~;7.. ~ ";:::'"distu'- c'e' p"'erceptibl~'lat or beyond ~ihe lot '\ines;-~n.: .Li:".... ,:::., _ 'Irl;:' rtc. .., f_r-;.';' '. ...... ~.,...,.. .-"..... '!--. ,,-'~,'H'~'r,:(O_.y..r;;.n.r;.:ai1.. I"!"'.:-n~" ....., ~--t-. g) . Any use o. Front Yard or S~deyard for constructio repair or ..... .". " ."r-; . -.,,: "":'....;~. -.r .... ',r -.-, -1,1;"" lO '-':J IU'IH~l a.,' 0"_.:>'<]", .. _ dismantling' or t use - in the' aggregate .of :an 'ar greater 'than one- fourth (lz;) of the are '. the Dwellini'Unit;'~ .~~::;r:,:;,~:~~.~;;~~~ - . _. ", ~". ........ '..", ..0" ....'.,-.......~. _',.' ......_r...~.;....-....;:.. -. .,.....~--_. ~ : ..-.. _.':. " h) .~AnJ:~~~g~... 0:~3H..:}h.~~qt~~~;n.~ . lat~.l'pe ,. ...~~d.,i!l_~.!~~.D~~t.r~ct,;: ;'oi-o ,c . .~'..! i).':'lC~l}~~Etj~f~..~~p.3:;r:~~E(,~h?~,~~~~?~ _ l','\.'?~.s~.t;~~~e~E~E~_~fJ~_c_e,~.r_~ising.. '., "i:-:-~ :_: T-;:.~J~:-J'!E ~~~_e~o~f_~a~~1..~t,(,p'e~~.:or _.;.~,~./\~,~.."e ;te:.,g~,fE!-}~,ci!l~,~~~l~~~,,~{:,.>: ,:;,"__~:'~.;1:~;A . . 'n;.~.:.:or.swimming .or,.an. asse d .c1as.s~9f.:.Jl1o,re..lt.. .two~c(2)'pupi1s, "b;.~...:-'=':f,--"'-~'~ .~<;. ,'/:-:>j ):h:<;,The:repaii.-;';'~5er\Ti' .' ,~:painting':pi.- td.is~ntiing~o -'CO'-tot ~yehiCles'O~'i~S~;;':~:~;Z?jF~~~ .. .,..; '_,:~: :'~:;\::~"~;::'::~;'of r~l.e:t.rica To' ,.ef.~}g~;:a.tb.r s;r:;~~~~~~t~~ylr!~~1t:.eE,a',::"se~~~~ :~ipli~r;~~~r0i}t~ .: ; .',';;k) X,.;:The 'ren .fL:r?oms :?~~ i.the 'p:rovi~ing }':~ ~t..a.el,.~,.;,~~~;~:f.or.(m.__ .tha~~ ~~ur .iJ:t':h~.i%~~ . ......1~",..(4 rsons,-or;if licensedbythe;State Jlepartmentlof ',Mental Hyg e for~:'':'.',~Ai:l .~~~~~~~t~i;~~~~~~~:j11;~~fi~ri~~~ifit~ii~~~!~f~;'75;t~W;~'~J 9. .'. ,8::~6~'. :~~ /:t,~C~~,S~~! :~~~s1~~~!:~~T,~9_~~ ~t:~!.l-~~E~3}J?~~~Ii>l~~t~e.s;~~:~h~jremises for ..' < _' the jise -o'f ,the 'l2<;:C;':1pa?ts. ~~~"~<?r(n::pay~~g . ~~,s~;;_~r..~_ p~~~~~tt.~d, ~~~n -, q~alified as .:.:_ ......Accessory Uses in any'District. .' Private swimming' pools"shall-be-regulated as -:.;---::~'A'. ". ' !"S.. -.;::>0'. r~. ..\~'.1 f....t;.~-::"'Qr:...r-!-'-r~_.::s('".....t:r..c .c:;"v-:l,-v.~.f.j_.~,~~.~"I~Hl;;';~3...:...,j...-;~..;.....:;:) - .... ccessory tructures...."'_~..,. \.. I.,....:... ~..,.,lf. ~h....:..fOo ::..,,"::::' ,";.'-;...'--:..L. .....,;.--~.... '- . _ ._~.,> __ ~__.~......... 3'..-1 'I-;.,~",==",,:)~,,:, r,_.".- _."..J .-;........~~.<)_.....p,o. ti'..-. ~.1;.u3__.JJ..~......q '11')!Jn .; '('Am-c'd' d']; :;~ ~5~2'''O-'d ':;'68-:3'3)' :c.,-i, :oJ::n~~~.f;j;:,,:__;-;r.;:;,:.!'!o'?(),'SdbIl'J~ '~-::; rrt .;--:: eon .~_ ".X;.~:.:'~';; r~':~ .~~::~,,::'J~~)~':.'~~ .~::~~:O~~B,,1i~:~~?~Y'~~~~~;}~: .~."r::~ ~ 8-60.24 ACCESSORY USES: LIVESTOCK. In any R District 'Where the Accessory Use is the maintaining of one or more horses or cows, any outdoor space used by the same shall be in a fenced area located entirldy ort-the -rear'''h3.lf of the Lot, no part 'of which is Within 'fifteen '. (15) f eetof .the"Lot1Line "nor. forty ..(40) fp.et "('~".': from any . Dwelling':" ::;.i,.:~':j::;.::: -.,; ':5.:-_'::; .:<:.,,;"{<1 c"li:~:O"'~O!!~'l.~r:.:I6rl.1y-O: !'!!:.o-i, '. ~ -_:../ (Repeal:~'~Y"';::~: .~~';:;: 'i;~~9; 'C',," ":~;~~~~~~~~*~i~Y~;~~f;;~.. .;;,1 8-60.25 ACCESSORY USES: PETS, LIVESTOCK,' BEES, 'EXOTIC :,A,,'lIMALS .'."Thekeeping --" , ;.of pets, livestock, .bees and ,ex?tic ~n~~~~. .!~;,:wh:iSh..}~pe~~t, has'.~~.e~ obt.ained " f.:{:J . in accordance. with.appli<:~ble . !,egul~tio~s."a:.~~,~~t;i.~,:~;'~~~~,~#;?~~~~~;~~.~~.~...i, ~:v," c:A;,i~i8 animals otherwise permitted by this Chap,~~J_:.~''''~~(':!';:~~85?:e=-4;-;'i,';-i'''~}:;;;j~''' .-"i:;. ".-'" ,:;1:.:t'~a .. .." " ,. .-.:-; '.iJ.i::':::;>i';~!,..:,:";:'''{;':;'~i:';':-.~~'' ~'""'.' '. . ~ (Original repealed by sec. I, Ord. 75-29; Amended ,by"Sec 2, .Ord:",75-29) :....... ....', . .;.,;:.:;;:_,~ , .<.- ,/[::- ::.~;~D. '~:I)\:,~Xi. :l~ ;~q~~~'.~.:r,'::;:;.j ,ji;:i::~rb::;~.ti1.~;;~;~~~l;~W;~~~;~?fl1:J{-~';};~L ~ '~::;':'~':'.'~{tlff~ .9 .' 8-60.25A -"'ACCESSORY USES:':'EXOTIC ANIMALS._'~;.,Exotic~Animals.;cfor_~hic_h.::a. permit /'-;"':. .:\:t:e:~~f.'.t: has 'been obtained in accordan:ce'with Article'7.'of.~ha'pt'er;:3,:::Title. 3 "of ' . :;~':"~? the Alameda County Ordinance Code are permitted~in,addition '.,to.:those .ani- ;:::'-'.; . . .' .... ..~._~_......_.._.--...:.....,.i....... .~..._- \.-.. ., mals otherwise permitted by this Chapter. .:' ,:;:,~,;;/:~~';~';:';;~e91I,;.]::o.'.',.... . ~'. . :Jt:~ 18):~ ':~S:J~ '-~Z~~ ~;.2) (,J ,,:,:<~p . ," ~ .r . .-.. . . 9 on sec. 2, Ord. 72-16; repealed by Sec. 1,'Ord. 75-29) .. ..~ ...,.:' .;.j .... 4...... :.__,.,_:: ~,....... ~..~ ._.._.,::.... ''': ...,.. ..-..- -.,1';:;. ~.,. ,..," .,,. '..'-.. 8-60.26 ACCESSORY BUILDINGS. Every Access;rY Building attached to a Main Building shall be subject to all the requirements of this chapter applicable to the Main Building. No detached Accessory Building in an R District shall be located within six (6) feet of any other Building on the same Lot, or have more than one 'Story 'or '.a ,Height- in excess of fifteen (15) feet. . . .....--- .. . ,~ . .-.. .: ..'~ .. . .,,' ':';:.,-:' .:;:. ( : __~...., _IL""')_ . ~ .._1_- , ~""':J" ':~.;"":,7>;r:.::_-;'"::;~-",:?:,":::::::-~~.":."- -? .. - '. : ; - - .. " 0 on ) - > n .. > , .~ '" r ~ '" , :.4! Xl - -:;" ", '-, i '~, .,'1'0.- " , ;' ..: '"~ .... .~ ~>. 'i,'Oi ... ,. -' 1-. ~:.'~ u )-, .-..... 'S. :~ J; ~ . > .. ;..... ."'., ~ .. :;.':~ '" 0 ,. < , '" " 0 CD ~.: , ~ 1';, '~ ...:.~ " ~.~ . ~ ., :"or; . , "\: .....~ \';'" - 0 0 '" '" > > ,l..j ~ ~ z z " CD , ,.....:,-,,,,.... .-... \ ..., \ \ i I \ i \ "~-~_. -~;~;;~~~.- '. f;. . . I ~ 1'1 I Ii ! 11 [ 11) i I;: : rl" . I: tit tq ill .~._--_.._.._---_...._--_! i ~: Ii: !:~~;~::,~l~.7-7.~~~;':_~~_:"_~ I . .. : ...-', :! i \.. :-,"'-~~. H i '4._"'- i!. : -J .:,. i:-. . ::::..~ ~! .\ t- '- )!' J ~ --' - _. - .---- ~i.: -~..~ ~.......-.-.~- n I . 'E\ r'," .,. - . . . . . . . .. . I I I i r------. r-;.- . ' '.- I ..'--.~ ! .......-..,.-.-... : '\ -) (/ ! , , I, I.. .' ' t ..;::~ li' , () ;- \ I / " J" (. -. ..... ~'--. ').. :.... \ '\ \ '. (1)-- r-; I ! i L .' '. ~ tP- ! I ~~ ; / I \ I t , F. ~; ;--...-.--......... _.._..--.e-..i~:-.- ~i . ': . ~. .. , \; l ~;. ,. r: t~_ c'-- ,_,,_ _ ; I " I -';T I --' \ i~ \ \.. '" \ \....... , '-#............... . ~ a...~ .:..":: ;1 ., ;1 !! ;, j '- . ~." -------------, , '......... ',-; \ .-, '"'h' #l; :, (- ~I J I: '....~: e----: [...., ",'" " ..... \ I .L\ i ; ;' \. I ! -../' ..'- _/ " ~-~1 / " / ) :, .',..J . . \ ~-_.___~_4.__-:r--"\\.---r8. 1 , t /.~.> f '. ", '..... ..._~ f -"""-, i \ / '\ i "~ ./' U r' b I r/-" ~ . \ i ,---"--,, .): \./ ,-/ -. -..., i I .' ............, ~ 'l )"//." .0 \ [( , .[:---) ".,. . _..L.___c__._..:\6-._.:....._.._.__ ':..-:i:=k--_.. _ ___~ . \ I. I 'i \ \'. Iii i \ . '. I ". I I : I . ;"____.,.___.J___________,! ._._.___...l .----..-.... ..--- --t-- L .__n___._ .., ~~---..._-_... --.- ---_.-..._._----_.~-.-~_. ,------ I . ,----.-.---.. -_.:. - -. ---- --.:=-.~-=-~ -~~~.:~~:.:~:~-~.==::.:..-:. :-=--~-_:~.: ~:~ \ \. \ I ! ~ . ! ! i j i ..- ...... ' -- . I /' ................_-$ ---.; . ,.,...... .. - , --'?- '. S) ,--I -)- I . C I \ .. NO~l'tt WC'!>f -PoR-TiON OF L~~c..A'"P{, -PLAN ON fILE I)J 1'1 H "'Bur 1..1)/1'0 ~ -r;>€Pl". A TT ACHMENT &J -pf-. 8 ~- 6 2. ~ I t 1 q I "B\OOfY\.~+n '. ...' .>'/ . >;,y"~..~:t.Zi~sf:':!~'I:\:Z.r:"~0-:_~::.,,;~.,,,~~::::~:: ..: ~. (( .,./ .r..'. RESOLUTION NO. 4~86 A RESOLUTION OF TIlE DUBLIN ZONING ADMINISTRATOR ------------------------------------------------ DENYING PA 86-026 HALL-FRASER VARIANCE REQUEST TO ALLOW AN ACCESSORY STRUCTURE IN A REQUIRED YARD AREA WHEREAS, Keith Fraser has filed an application on behalf of Ralph Hall for a Variance from Sections 8-60.26 and 8-60.27 of the City's Zoning Ordinance to allow a small accessory structure (shed) in a required yard area at 11791 Bloomington Way; and WHEREAS, the application has been reviewed in accordance with the prov~s~ons of the California Environmental Quality Act and has been found to be categorically exempt; and WHEREAS, the Zoning Administrator held a public hearing on said application on July 29, 1986, and August 12, 1986; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending denial of the Variance application; and WHEREAS, the Zoning Administrator heard and considered all said reports, recommendations and testimony as hereinabove set forth; NOW, THEREFORE, BE IT RESOLVED THAT the Dublin Zoning Administrator does hereby find that: A) There are no special circumstances including size, shape, topography, location or surroundings, applicable to. the property which would deprive the property of privileges enjoyed by other property in the vicinity under the identical zoning classifica- tion, in that the property located 11791 Bloomington Way is commensurate with other property in the vicinity under the identical zoning classification. B) The granting of the Variance application will constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone, in that there is sufficient area in the rear half of the property (within the sideyard area and the rearyard area) for the relocation of the shed, said relocation would not necessitate a Variance request. Additionally, the granting of this Variance request will constitute a special privilege in that other properties in the zone must maintain the required setbacks unless finding .a) relating to special circumstances can be made, no special circumstances peculiar to this lot exist relating to size, shape or topography. C) The granting of this Variance application will be detrimental to persons or property in the neighborhood or to the public welfare, in that given the shed's present location and current construction type, it is not in conformance with the Building and Safety Code. BE IT FURTIlER RESOLVED that the Zoning Administrator does hereby deny PA 86-026 Variance application and directs the Applicant/Property Owner to remove the existing accessory structure (shed) or relocate the accessory structure to an area consistent with the setbacks for accessory structures in R Districts (M.C. Section 8-60.26 and 8-60.27) prior to August 29, 1986. PASSED, APPROVED AND ADOPTED this 12th day of August, 1986. '-1'l1cu,( W...A. ot-tlJ!mu,=-- Associate Planner 7nn;nn A~m;n;Q~r~~nr .~ ~~ ~ ~~ "'~f~\l\ ,. J 1 j i i~t:~ Ht~{t~.J I 5 "f'fl rC -" {: 2..1..:' 11/~"? l :C:).i~'C'i}" /-1 <':',1 +T~'~ Regular Meeting - July 29, 1986 A regular meeting of the City of Dublin Zoning Administrator was held on July 29, 1986, in the Conference Room at 6500 Dublin Boulevard. The meeting was called to order at 10:10 a.m. by Laurence Tong, Zoning Administrator. * * * * ROLL CALL PRESENT: Laurence L. Tong, Zoning Administrator, and Maureen O'Halloran, Associate Planner. * * * * PUBLIC HEARING SUBJECT: PA 86-026 Hall-Fraser Variance, 11791 Bloomington. Mr. Tong, Zoning Administrator, opened the public hearing and called for the Staff Report. Ms. O'Halloran advised that the Applicant was requesting approval to vary from the setback requirements relating to accessory buildings. She indicated three Variances were involved: 1) a six-foot setback from other structures on the site; 2) location of the accessory structures within the front half of the lot; and 3) six feet from the front half of the adjoining property's side lot line. She advised that the following findings of fact must be made in order to approve the Variance request: 1) that there are special circumstances relating to the size, shape or topography of the lot - there are no special circumstances relating to this site in that the lot is consistent with the median lot area, median lot width, and minimum setback requirements; 2) whether granting of the Variance will constitute a special privilege - without being able to make the first finding, the granting of this Variance would constitute a special privilege; 3) whether the granting of the Variance would be detrimental to persons or property in the neighborhood - the accessory structure as constructed does not meet the City's Building Code and may be detrimental to the property. Staff recommended that the Zoning Administrator deny the Variance application. Keith Fraser, 2109 Fourth Street, Livermore, Attorney representing the Applicant, stated findings could be made that there are extenuating circum- stances. He said the Variance will serve the equity of the public and owner. He stated that Mr. Hall had no knowledge of the requirements and that prior to building the shed, he had visited the City with Mr. Ron Wyle. Mr. Ralph Hall, Applicant, stated that a couple of months prior to constructing the shed, he was thinking of what type to build, metal or wood, and where to put it. He said he visited the City Offices and was told if the shed is less than 100 square feet or 15 feet tall, no building permit was required. He said he had spoken with Mr 'T'''"0hAr Regular Meeting ZAM-6 ~.. "I"" T I.... A............, '..... ~.<...I......'.......!f!,..('. "..' l... .If... T ~! .. ".. t:.'~'! ,'~ it~.'.);1 ;~~_ t;:~ <. !tr;,'~ ~ . i ~':~. ;," .:....:,.;,."~ t\" \l' I rif';J~ ~~i:~~ i . !;; ~. ,. " /.' '., (0 Mr. Ron Wyle, 8620 Southwick, stated he had visited the City Offices with Mr. Hall and asked if a shed could be metal or wood. He said it didn't seem to matter as long as it was under 100 square feet and 15 feet tall. He said he had spoken to two men at the counter and then to Mr. Taugher. Mr. Fraser stated the case was heading towards criminal court, then referred to the City for Variance consideration. Mr. Hall stated that after receiving the Stop Work Order, he asked at the City Offices why he had received it. He said the person he had spoken with was unable to tell him. He indicated since it was the rainy season and he only had a few shingles left, he decided to finish the work. He said he thought the Stop Work Order was issued because he didn't have a permit. He said a few weeks later he received a letter from Mr. White stating non-compliance with the Zoning Code. Mr. Robert Rubino, 11793 Bloomington, an adjacent neighbor, indicated the shed doesn't bother him. He said the building is not unsightly; it matches the house. Mr. Jim McCorder, 11799 Bloomington, stated the shed does not bother him; the appearance is very pleasing. Mr. Fraser stated that the Landscape Architect, Eric Hansen, drew landscape plans indicating the location of the shed, and which were submitted to the City. He advised that prior to construction of the shed, there were three inspections. Mr. Hall stated he had gone out of his way to find out the regulations and apologized if he missed something. He said the cost of the shed was $1,200. Mr. Wylie stated that Mr. Hall had the City before building the shed. should apply. tried to do what was right by checking with He said he thought the Variance rule Mr. Tong ascertained from Mr. Hall that he had spoken with Mr. DeLuca, who no longer works for the City. Mr. Tong further ascertained from Mr. Hall that the pad for the shed was part of the landscape contract. He said the pad was there during the three inspections with Mr. White, and nothing was said about it until construction of the shed had begun. Mr. Fraser indicated that the meeting with Mr. DeLuca was held on July 19, 1984. Mr. Hall stated that during the 10-day period of the Stop Work Order, he picked up the Variance Application Form from the City. He said he didn't understand the application, so he met with Mr. DeLuca. He indicated that during this meeting, Mr. DeLuca stated the City of Dublin never granted Variances, and that the application would be a waste of time. Mr. Tong closed the public hearing. Mr. Tong advised that there are several different aspects to the Variance, such as the zoning aspect relating to setback requirements, and the Building and Fire Code regulations requiring the structure to be six feet from existing structures on the site. Regular Meeting ZAM-6-2 July 29, 1986 Mr. Tong stated that the three findings must be made based on facts presented at the hearing in order to grant a Variance. He also indicated that in the upcoming year, the City will be re-evaluating various aspects of the existing Zoning Ordinance, possibly looking at where accessory structures can be located. Mr. Tong advised that there are Building and Fire Code requirements which must be met in order for the structure to be within six feet from the existing structure. He also said there are substantial requirements that would have to be met, such as the one-hour fire wall within a portion of the existing structure, a one-hour rating for the eaves, and a one-hour fire rating for the tool shed. He advised that a similar requirement would apply if the shed is within three feet of the property line. Mr. Tong indicated at this point that he could not make the three findings required by the Zoning Ordinance. He advised that three options are available: 1) relocate the shed to the back half of the lot, six feet from the house and three feet from the property line; 2) if the tool shed was attached to the house it would be regarded as the main structure, and would be required to be seven feet from the property line, and Fire and Building Code regulations would have to be met; and 3) if the Zoning Variance through action by the City was granted, the Fire and Building Codes would still have to be met. Mr. Tong advised that he could not grant the Variance in that the findings relating to the Zoning regulations could not be made. Mr. Tong also indicated that if the item was continued for one year, pending Zoning Ordinance revisions, a cash deposit or letter of credit would be required to assure compliance with the Building and Fire Code requirements, or to assure removal if the Zoning Ordinance is not revised to allow the shed in its existing location. ADJOURNMENT At 11:30 a.m., the public hearing was continued to a Zoning Administrator meeting on August 12, 1986, at 10:00 a.m. in the Conference Room at 6500 Dublin Boulevard, to allow the Applicant to consider requesting a one-year continuance. / ) ;' -"j'l./.' ~ ( (';, / \. "'-- ,.... '- __ ~ >J ,_\ _ \ "" I... J_ /~ ~~ - : '----- Associate Planner Regular Meeting ZAM-6-3 July 29, 1986 Regular Meeting - August 12, 1986 A regular meeting of the City of Dublin Zoning Administrator was held on August 12, 1986, in the Conference Room at 6500 Dublin Boulevard. The meeting was called to order at 10:00 a.m. by Laurence Tong, Zoning Admnistrator. ROLL CALL PRESENT: Laurence L. Tong, Zoning Administrator, and Maureen O'Halloran, Associate Planner. PUBLIC HEARING SUBJECT: PA 86-026 Hall-Fraser Variance, 11791 Bloomington. Mr. Tong, Zoning Administrator, opened the public hearing, stating the item had been continued from the July 12, 1986, Zoning Administrator meeting. There being no public present, Mr. Tong closed the public hearing and denied the Variance request. RESOLUTION NO. 4-86 A RESOLUTION OF THE ZONING ADMINISTRATOR DENYING PA 86-026 HALL-FRASER VARIANCE REQUEST TO ALLOW AN ACCESSORY STRUCTURE IN THE REQUIRED YARD AREA ADJOURNMENT There being no further business, the meeting was adjourned at 10:05 a.m. ^ , /If/cUt {(I I. L / Associate Planner (t ( I \-~7 f (. Regular Meeting ZAM-6-1 August 12, 1986 ~ @.."", .'~:'i5: -.... VARNI, FRASER. HARTWELL, McNICHOLS & RODGERS A PAFtTNI!:ASHIP INCLUDING PROf'Ii!:SSIONAL CORPORATIONS .JAMES I. ,..SHER KEITH s. FRASItR* .JOHN S. HARTWELL- LORIi!:NI!: KELLY-HOLLISTER MARTIN W.INOER8ITZI!:N DAVID P. LAN ....ERMAN 80NNIE LEWMAN STI!:PHEN L.R.MCNICHOLS....R. UONEL A. ROOGl!:RS. .JR. l!5RIAN O. 5l!:181!:L ANTHONY e. VARNI 2109 FOURTH STREET P. O. BOX 511 LIVERMORE, CALIFORNIA 94550 (415) _7-1222 HAYWARD OFFICE: 22771 MAIN STREET P. O. BOX 570 HAYWARD, CAUF'ORNlA 94!543 ......5188115- SOOO August 20, 1986 SOLANO COUNTY OFFICE I<4U5 TENNESSEE STREET VALL..E.JO.CALIF'ORNIA 904590 17071 &42-15-42 *... P"O...ESSIONAL CORPORATION PLEASANTON or-neE ez WEST NEAL STREET PLEASANTOH.CAUF'ORNlA ~ee (AIS) &4e.g025 REPLY TO: Livermore riLE NO: 608821 Zoning Administrator City of Dublin P. O. Box 2340 Dublin, CA 94568 Subject: PA 86-026, Hall-Fraser Variance 11791 Bloomington Way, Dublin Dear Sir: On behalf of Ralph Hall an appeal is requested from the denial of the variance heard on July 29, 1986, and submitted for decision on August 12, 1986. The findings of the Zoning Administrator are incon- sistent with the evidence presented; further, that the findings in favor of appellant can be made; further, that the City of Dublin is estopped to deny the variance; further, that the state of the future requirements for outbuildings is in such a state of flux that the structure can be permitted without prejudice to the people of the City of Dublin and other issues to be raised at the time of hearing on appeal. Request is further made that the tape recording made at the public hearing on July 29, 1986, be preserved for further hearings in this matter. Yours very truly, VARNI, & RODGERS TlECEIVED AUG 201986 KSF:br cc: Mr. Ralph Hall 0U8UN PlANNING ATTACH ENT 7 IF ( ,'. _--1 ' !-,? 1.~,rJ. :', .. (, v (,,0