Loading...
HomeMy WebLinkAbout86-026 Hall-Fraser VAR 10-06-1986 CITY OF DUBLIN PLANNING COMMISSION SUPPLEMENTAL STAFF REPORT Meeting Date: October 6, 1986 FROM: Planning Commission Staff t'^.D\~ 1:f TO: Planning SUBJECT: PA 86-026 Hall-Fraser Variance, 11791 Bloomington Way. GENERAL INFORMATION: PROJECT: Appeal of Zoning Administrator action denying Applicant's request to vary from required setbacks for accessory buildings. This item was continued from the September 15, 1986, Planning Commission meeting at which the Commission directed Staff to draft a Resolution making affirmative findings of fact to approve the Variance request, in that there may have been some confusion or misunderstanding with regards to the City's regulations. Subsequently, Commissioner BurnhaD contacted Staff requesting specific information concerning the plans presented by the Applicant at the Planning Commission meeting, and the sequence of events leading to the Applicant's Variance request. A memorandum prepared by Staff addressing Commissioner Burnham's inquiries is attached. In summary of the memorandum: the landscape and irrigation plans presented by the Applicant were prepared after the work had begun and a Stop Work Order had been issued. In cases where a Stop Work Order is issued on work under construction without a building permit, plans are not typically required. The City requires the violator to apply for a building permit, and inspections are then made upon request to insure compliance with the City's Building Code. The City has no record of any approved landscape or irrigation plans or any other plans showing the location of the shed or shed pad for 11791 Bloomington Way. Contrary to the Applicant's statement that three inspections were made before the shed was built, only two inspections were scheduled for this property (August 16, 1984, for underground electrial and January 25, 1985, for a final inspection). The City had no knowledge of the proposed shed location or actual construction of the shed until January 9, 1985, when it became visible above the fence. A Stop Work Order was then issued by the City Building Inspector. Finally, the City Building Inspector's report notes that at the time the Stop Work Order was issued for the shed, it was framed and had the roof on only. Contrary to the Applicant's statement that only a few shingles were left to complete the shed, the Applicant violated the Stop Work Order by completing the shed with siding and paint. As directed by the Planning Commission, a draft Resolution for approval is attached. However, Staff is recommending denial of the Variance request based upon the information provided in the attached Staff Report (dated September 15, 1986) and information contained in the memo to Cm. Burnham (dated September 24, 1986). ------------------------------------------------------------------------------ ITEM NO. 3d COPIES TO: Applicant Owner PA File 86-026 RECOMMENDATION: FORMAT: 1) 2) 3) 4) 5) Re-Open public hearing. Hear Staff presentation. Hear Applicant and public presentations. Close public hearing. Adopt Resolution relating to Variance request or continue item and provide direction to Staff. ACTION: Staff recommends the Planning Commission adopt the attached Resolution, Exhibit B, upholding the Zoning Administrator's decision denying PA 86-026 Hall-Fraser Variance. ATTACHMENTS: Exhibit A: Exhibit B: Resolution of Approval Resolution of Denial Background Attachment: 1) Memo to Cm. Burnham Dated 9/24/86 2) Planning Commission Staff Report Dated 9/15/86 -2- RESOLUTION NO. 86- A RESOLUTION OF THE DUBLIN PLANNING COMMISSION ------------------------------------------------------------------------------ APPROVING PA 86-026 HALL-FRASER VARIANCE REQUEST TO ALLOW AN ACCESSORY STRUCTURE IN A REQUIRED YARD AREA, THEREBY OVERTURNING THE ZONING ADMINISTRATOR'S ACTION 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 provlslons 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 public hearings on said appeal on September 15, 1986, and October 6, 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 a memo dated September 24, 1986, was submitted summarizing the City's records concerning 11791 Bloomington; and WHEREAS, the Planning Commission 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 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 classification, in that there was confusion and misunderstanding on the part of the Applicant with regards to the direction or lack of direction provided by the City in relation to accessory structures. B) The granting of the Variance application will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone, in that special circumstances exist in that the Applicant indicates he contacted the City and was told no building permit was needed for a shed if it is less than 100 square feet or 15 feet tall, the Applicant was not aware of the zoning regulations. -1- [. V.. ~..~ '[)~..-1A- rr ;1) M~t..~ ~. ~:J . .,;.6 . I ';1 'j '. ;, ~Jei:J ~j~;j C) The granting of this Variance application will not be detrimental to persons or property in the neighborhood or to the public welfare, in that conditions have been applied which insure compliance with the City's Building and Safety Code regulations. BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby approve PA 86-026 Variance application, subject to the following conditions of approval: 1) Construction of the shed shall comply with all applicable Building and Safety Code requirements particularly those relating to Fire Safety. 2) This approval shall become void if the structure is not in conformance with applicable Building and Safety Codes by December 6, 1986. PASSED, APPROVED AND ADOPTED this 6th day of October,1986. Planning Commission Planning Director -2- 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 provlslons 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 public hearings on said appeal on September 15, 1986, and October 6, 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 upholding the Zoning Administrator's action denying the Variance applications; and a memo dated September 24, 1986, was submitted summarizing the City's records concern~ng 11791 Bloomington Way; and WHEREAS, the Planning Commission 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: 1) There are no City approved plans indicating the location of the shed or shed pad at 11791 Bloomington Way. 2) The City's Building and Planning Departments had no knowledge of the shed or shed location at 11791 Bloomington Way until January 9, 1986, when the construction of the shed was visible from Bloomington Way to the City's Building Inspector and a Stop Work Order was issued. 3) Construction of the shed was completed in violation of the Stop Work Order. -1- rY~11~~T t1'..' j. ~ ~ '~'!.1 ..ll ~Jli~ ~ J 1:d.. ~ B BE IT FURTHER 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 yard 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. - 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 eM.C. Section 8-60.26 and 8-60.27) prior to December 6, 1986. PASSED, APPROVED AND ADOPTED this 6th day of October, 1986. Planning Commission Planning Director -2- Cny OF DU3L1i'1 Planning Zoning ::29-"';'~; j 'uilding & Saie!'.) S';,o_:'o':;'--' Enc:;ineeringiPublic Works 229-":9- Dc~/eloprnent Se!v'iC2S F.O. Box 2340 Dublin. C.~ 04568 MEMORANDUM RE: Commissioner Bill Burnham Planning Staff 4:f MO' ~ September~4, 1986 PA 86-~ Hall-Fraser Variance 11791 Bloomington Way TO: FROM: DATE: In response to your inquiries concerning the discrepancy in the information presented by Nr. Hall e the Applicant), Mr. Fraser e the Applicant's Attorney), and Staff, the folloHing summarizes dates and- other information contained in the City's Building file and Zoning Investigation file for 11791 Bloomington IVay. CHRONOLOGICAL HISTORY: September 21, 1982: Building permit issued to Estate Homes for a single-family dwelling. June 12, 1984: Building finaled by Building Inspector. August 6, 1984: Stop IVork Order issued for the folloHing work because no building permit had been issued: deck- attached spa, sprinkler system and exterior lighting. The Stop \~ork Order required I.;ork to stop and a permit applied for ~ithin 10 days esee Attachment 1). August 10, 1984: Building permit was issued to Eric Hansen for a new sprinkler system, outdoor lighting, deck and overhang (see Attachment 2). August 16, 1984: Underground electrical ~as inspected and approved by the City's Building I~pector esee Attachment 2). January 9, 1985: Stop IVork Order I,as issued for an accessory struc- ture in the front half of the lot and within the required sideyard. The Stop Work Order indicated that the Applicant had not called for any inspec- tions on the existing per~it for the deck, sprinkler system, exterior lighting, etc. It was further indicated that the structure must be removed or a Variance applied for within 10 days of the Stop Work Order esee Atachment 3). ~ , 1 ~ ~f"'}'" ~ ~_ II ? al H ~ jii " r"d '; l;' ~ ,i; 1 f if J ",'~ ~~'t!\ ~"".....,'~ " Commissioner Bill Burnham September 24, 1986 Page 2 January 16, 1985: January 25, 1985: February 14, 1985: February 25, 1985: February 26, 1985: March 18, .],985: May 2, 1985: June 13, 1985: July 13, 1985: Letter from Building and Zoning Inspector to Mr. Hall detailing zoning regulations and reasons for which the Stop Work Order was issued (see Attachment 4). Building Inspector finaled electrical and plumbing for previous permit issued August 10, 1984 (see Attachment 2). Building Inspector noted Variance had not been applied for. Building Inspection Report indicates accessory structure was completed and painted in violation of Stop Work Order. At time of Stop Work Order, the building was framed and the roof on only. Letter from Building Official to Mr. Hall noted Stop Work Order letter of January 16, 1985, and that on February 25, 1985, it was noted that additional work had been done in violation of the Stop Work Order. An Office Hearing was scheduled for March 6, 1985 (see Attachment 5). Letter from Building Official to Assistant District Attorney requesting a Citation Hearing for Mr. Hall for, among other things: 1) ignoring the Stop Work Order; 2) construction of an accessory building in the front half of the lot; and 3) construction of an accessory building within six feet of the house-esee Attachment 6). Hearing with District Attorney scheduled; sub- sequently cancelled by the District Attorney. Hearing with District Attorney held. District Attorney informed Mr. Hall and his Attorney to apply for a Variance within 20 days. Zoning Investigator noted Mr. Hall to date had not applied for a Variance for an accessory structure. Commissioner Bill Burnham September 2Q, 1986 Page 3 September 24, 1985: November 26, 1985: January 29, 1986: March 27, 1986: April 8, 1986: May 1,1986: May 22, 1986: July 16, 1986: July 29, 1986: August 12, 1986: August 20, 1986: September 2; 1986: September 15, 1986: Letter from Building Official to Assistant District Attorney requesting Criminal Complaint against Mr. Hall because of offenses occurring on January 9, 1985, February 25, 1985, .July 15, 1985, and July 3, 1985, relating to accessory structure (see At tachmen t 7). Scheduled Court Date - fine set at $1,955. Mr. Hall requested Jury Trial for zoning violations. Readiness Hearing scheduled. Applicant's Representative submitted application for a Variance request to the Planning Department. Letter from Planning Department to Applicant notified that application submittal for Variance (PA 86-026) was incomplete. Applicant submitted additional materials for Variance request. Letter from Planning Department to Applicant indicated application submittal was complete. Zoning Administrator Public Hearing for PA 86-026 noticed for July 29, 1986. Zoning Administrator meeting held. Following public testimony and discussion, item was continued to August 12, 1986. Public Hearing - Zoning Administrator denied Variance request (PA 86-026.) Applicant appealed Zoning Administrator action. Planning Commission Public Hearing noticed for PA 86-026. Following public testimony and discussion, the Planning Commission continued the item to the October 6, 1986, Planning Commission meeting, directing Staff to revise the findings. Commissioner Bill Burnham September 24, 1986 Page 4 COMMENTS: With regards to the discrepancy or confusion in dates on the plans presented by Mr. Fraser at the September 15, 1986, Planning Commission meeting, a review of City records indicates there are no approved landscape or irrigation plans on file with the City. The City Building Inspector indicates that when a Stop Work Order is issued on a job already under construction without a building permit, plans are typically not required. The violator is required to apply for the necessary building permit, and inspections are then made to insure conformance with the Building Code. You will notice in reviewing the summary the Stop Work Order for sprinklers, exterior lighting, deck, etc. was issued on August 6, 1984; therefore, the City did not have an opportunity to approve the Applicant's plans prior to the commencement of construction. -The building permit was issued four days later on August 10, 1984. The plans presented by Mr. Fraser at the Planning Commission meeting were dated August 7, 1984, for an irrigation plan and September 5, 1984, for a landscape plan (the landscape plan noted the shed pad location). The City has no record of this landscape plan. The Building file does contain a copy of the irrigation plans. However, as mentioned earlier, this plan does not contain a stamp of approval from any City Department. Additionally, there is no date received stamped on the plan. The date received or reason for receiving the plan cannot be determined. In addition to the discrepancy in the plans presented by the Applicant, there are alsQ discrepancies between the testimony presented by the Applicant and the City's records. 1) The Applicant indicated he contacted City Staff prior to erection of the shed and was not given the correct information. The City's Building Official does not recall a specific discussion with Mr. Hall concerning the shed prior to issuance of the Stop Work Order. The Building Official has indicated he would have said that no building permit is needed, however, City Codes must still be complied with. 2) The Applicant also indicated that three inspections were made of the site after the building permit was issued and before the shed was built~ A review of the building permit issued by the City ewhich maintains inspection records) shows that the only inspection called for before issuance of the Stop Iyork Order for the shed was for the underground electrical, August 16, 1984. 3) Lastly, the Applicant indicated that after receiving the Stop Work Order only a couple of shingles were added to complete the shed. The City Building Inspector's report notes that the shed was framed and the roof on only. Thereafter, the shed was completed with siding and painted in violation of the Stop Work Order. Commissioner Bill Burnham September 24, 1986 Page 5 It appears clear from the sequence of events outlined in the summary e1. August 6, 1984, Stop Work Order for deck, etc., 2. August 10, 1984, issuance of building permit, 3. August 16, 1984, underground electrical inspection, 4. January 9, 1985, Stop Work Order for Accessory Structure) and outlined by the Applicant (i.e., that construction of the shed began in November, 1984, around Thanksgiving) that the City was not aware of the actual or proposed location of the shed prior to the issuance of the Stop Work Order in January when the shed became visible above the sideyard fence. LLT/MO'H/ao cc: Other Commissioners Zoning Investigator Building Official Building Inspector . . _.____._m .~ " CITY OF L JUN BUILDING INSPECTION DEPARTMENT 6500 Dublin Blvd. - Dublin. CA 94568 (415) 829-0822 , STOP WORK ORDER 1 Job Address 1.\ r( q \ - \2,( C'Ol\..l \ \\.lG-/()N Date ~ -~ - ~ Description of work CJ2:cr ~ CI--rr D.C')J. fZ D - S9A - ~C: 0 I (\j (use rc "'" '-! ""TEi\.<-- J UT1L<_:G (L L\ ~HTl \\JC: - You are'directed to stop all work on the above until you have secured a permit and approval of the work which has been completed to date. Work without a permit is a violation of Section 7-12.0, Alameda County Ordinance code. To avoid legal action please apply for. a permit for the above work in 10 days. In order to secure a permit you must submit 2 sets of plans which are drawn to scale and which accurately show the work which is proposed. In general the following will be required: o o 00 o o key plan 0 foundation plan o exterior elevation views ~ lLJ cross section and details o floor-plan plot plan roof framing plan electrical plan o mechanical plan [Xi plumbing plan o heat loss calcs o single line electrical drawing electrical load calculations .0 I Plan must be prepared by a Registered Civil Engine::!" or Architect. ro Above plans to be drawn to V. " to I' scale, except plot plan may be drawn to suitable scale on minimum of 17': to.2_2" paper. See atrached sample plan. o O'.her information may be required by the Building Inspection Depanment at time of plan check. o Other INSPECTOR'S COi\lMENTS: O .. ^ LL U[',trre --2..1//'<' \1,-\\-) lV\i('I\V_ ..' Remove covenng 10 the f-:- ./ . ~'-" . '- -\. ' " '.'--'=50 that (a) e!ectf1~al, (b) plumblOg, (c) mechanical, (d) insulation, (e) structural may be checked. o V~rify size and depth of existing footing by digging a small inspection hole adjace:Jl to and under the footing. o Provide an LC.B.O. number, make and model or a U.L. listing number with approved insla!lation in- structions for . to be used. o Other ~~~k f\+-t- L-L ~ '(>\ e'l\.\ I I I ~ ~ ~ ~ ~ I I 5 ! ~ ~ ~ f, ~ . :l ~ " ;; ~ ~ ;4 -<- r.e~4"tJ .1SI.. 8"11 Building Inspection Dept. fS500 DUBLIN BLVD.. CUBLIN, CA 94568 rH,lS APpLICATION, WHEN VALIDATED, IS YOUR pr IT., EXPiresA' Year; 02 Years; 0 INSPECTOR'S-ORIGINAL VAl!.~~!~ HERE . WORK PHONE HOME PHONE G..I\ r. ~Pf) txd S-l() -s~ -&;:::-:; _v,--='-' - .- ( <'(?''"<-~7:.~), /1,ctt ZIP -, 'T~?f j j .... ",'Q- ~J?'). 1;1, 1,:r 84 ZIP q 4-S'i5 -:) [1:&A Inspection Request 829-0822 '; : :''''~'-''':. ," FAFiT,f''':APPUCA.NT.TQ F1lLIN::c,i,: , 11,""C, I -R...,~~~~-l-,.,,, o \ \ 1" I /(" BUILDING ADDRESS: . AND x BETWEEN CROSS ST5: II. APPLICANT: 0 OWNER: ~ONTRACTOR Ill. OWNER'S NAME, f?1;, I 6:J l I-kll ADDRESS II'/'i I r.:.-~ ~N""> ""; ~hl"r-I CONTRACTOR'S NAME: fd'"'~ - ~o!Cr8 ~~--q. Y...I !Q;f' fOt.. . V. ARCHITECT OR ENGINEER NAME: - ClOY 'S:.."- .ORIVER L1C. NO. ~~"1L.c,\O \Vt ClOY D~li" 'I. ,v. ADDRESS: - ClOY ADDRESS: VI. LEGAL DESCRIPTION (Allin one of the following): A. TRACT B. BOOK BLOCK BLOCK 2"7 '::;./ PARCE' LOT PARCel 87 9<// , . C. PARCEl MAP VII. DESCRIPTION OF WORK TO BE DONE New_Adclllion~Alleralion_Re.pair_Mo...ed_oemolish_Renewal A. DESCRIBE NEW BUILDING: Gross Area No.StOlies Exlerlor Wall Covering B. DESCRIBe PRESENT BUILDING: Gross Area No. Stories Exterior Wall Co...ering C. DESCRIBE ADDITION: Gross Area Set. Ft. No. Stor~s o IS BUIlOINGfAODITION Heated: Yes_ No_ Cooled Yes No_ VIILOESCRIBE ALTERATION OR ~E~AIR WORK o~ A~OI:",ON '...".. . .~~ . =t ,I. ~,..._L,,",,, c)",~-lj"""r ii,-L~"" f1, -If .!-.r~o,..- LL. t, h-II "'" ," ..LP' , . ,() . .-'..:..r- I~':- U f( ^" '-L .;1,:2 / Y/7 f IX. PROPOSED USE OF BUILDING X, PRESENT USE OF BUILDING XI. VALUATION (Include c~.I. ot all La,bor and ....t.rlal) X ~.J..~ )- x LICENSED CONTRACTORS DECLARATION I het'eby afftrm Ihall am licensed under ploviSIOnsol Chapter 9 (commenCIng With Section 7000) 01 DIVIsion J of the Busaness and proles,sitns coo~ ,~ my license is In full loree ~nd eHect. : ~cense Class -? ~ rJ I I":,,, _II . _ lIc. Number ~ I ~ 7C.... '1 Cafe q I t.r I (ILl f Contractor !\);F! ~. n OWNER.BUILDER DECLARATION thereby aHirm t"at I am exempt Irom the Conlraclor"s license Law lor Ihe follOWIng reason {Sec. 7031.5. BUSIness and Prolessions Cooe: Any clly or counly which reQuires a permIt 10 conSlruct. aner. Imorove. demellsn, or repair any structure. pllOl to its issuance. also reQulles Ihe apolicant lor such perm,IIO !Ile a SIgned statemenllhal he is hcensed pursuant 10 Ihe prO",IslOns ollhe Conltacto(s License law tCnaoter 9 (commencing wllh Seclton 70001 of DiviSIon J ollhe BUSiness and Prolesslons COdel or lhal he IS exemol therefrom and Ihe baSIS lor the alleged exemptron. Any vIOla lion of SectIon 7031.5 by any aoplic.ant :01 a ;>ermll subjeelS the applanl !O a CIvil penalty of not more than live hunored dollars (SSOO!.): [] I, as o.....ner of the oroperty, or my employees .....ilh wages as thelf sole compensation. WIll co the WOI'K. and me slructure IS not Inlenoed or.offered ror sale (Sec. i044, BuSIness and ProlesSlOns Cooe: The Contractor's LIcense Law does nOt apply~ an owner 01 property who bUIldS or Improves thereon. ana whO does such work himself or thtough his own employees. provlOed Ihal such Improvements are nol interode<1 or ortered lor sale. U. hOwe...er. the building or rmpro...ement IS sold wllhin one year 01 comptehon, the owner-bUIlder Will ha...e the burden Of provIng Ihat he dId nOI bUIld or impro...e lor the purpose el sale. I. Q I. as owner of Ihe property, am exclusi...ely contractIng wllh licensed contractors 10 conSlr~ the prOject (Sec. 7044. Busmess and ProlesSH>ns Code: The Conlractor"s Licens'! Law does noc apPlY :0 an owner 01 property whO l>ulklS or impro...es thereon, and who contracts far suCh protects W1trl a contraeOfls) licensed pursuanlla [he Contraeo(s license law.). o I am exempt under Sec. , 9.&P.C. for Ihis reason Owner wORKERS. COMPENSATION DECLARATION I hereby aHirm Ihall ha...e a cetllfiCale of consent 10 self-insure. or a cetlllicale of Wor\l.ers' CompensatIon Insurance. or.a t;e~:;~ COI?y,~ereof (Sec. Ja~ab. C2,t. ~=i Peloey NL:fL~ 'l..:) - rl Company .~:JJjJ .< +it. PI Certified copy 's ~erebY furniShed. ,ExpiratIon Dale - 7 - ...r.j ~ Certlhed copy IS hied WIth the county bUIlding Inspectron depatlmenl I I ,r-;;p; 1 ~'7 ^I ,J Date:(' <( 7~'--I Applicant ~/C J:t' NTf" l- I J CERTIFICATE OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE (ThIS section need noc be completed if the permIt is for one hundred doltars ($100) 01 less.) 1 c~rtlty mal In the perlOflJ'lance ollhawork lor which lhis permit is issued. I snail not employ any person In any manner 50 3S to becOme suOlect 10 Ihe Wonuus' Compensalron Llws 01 Callforma. Dale Dale Applicant NOTICE TO APPLICANT: II, after making this Certlficale 01 Exemplion. you should becOme suOtect fo the Woncars. Compensation prOVIsions 01 lhe Labor Code. you must lorthwlth comply With SUCh r;lfOVis.ons or ltas perm" snail be deemed re",oked. CONSTRUCTION LENOING AGENCY I hereby atllrm Ihat there is a construction lending agency lor Ihe pertormance ollhe woo tor WhlC."llhIS permit IS ISSUed (Sec. 3097, Ci.... C.). Lendet"s Name Le"lder's Acdre5s t certify thai I have reao Ihls application and state thallhe above informallon is con8CI. I agree to comply Wllh all CIty and county OI'oinances and slate laws relating to building constructIOn. and hereby autnonze repre~tjlir..."~ 01 thiS counry 10 enler upon t~bo...e-mentlo~~ property for inspectIOn purposes. ,\- <;: (") l:;"'J -LLf Ie i:n~ Dale I I Signallie 01 Applicant or Agent " 01'/'1 ITEM ":. INSPECTOR . DATE' ,;- ~..' .. ; FOUNDATION ..., UNDERGROUND ELECTRICAL .\JNDERGROUND PLUMBING .'<)ERFLOOR PLUMBING '\flOOR HEATING . \{lOR FRAMING ,,\R INSUlATION \ , III ( \ 5 -\ C-,- 84- , . " y _._~-~.-=-~.::- . -. -----,- , 0.1-.1:_ G. r. -f. PHONE l2: f\--U^ PHONE STATE UC. # ZIP C:::~6~' 417 :],1 :'''J3::lI:tH 1:1 r.r.r_:J ill 1,',1:11.' 1....,',1""..: ',1.' I [oi,l A I .ELECTRICAL SERVICE Over I~ vo~~or I.era. aod 100 I NO. I FE: I c-w~ I I More tl"lan 1 meler I I! l I B I MOTORS. GENERATORS. HEATERS. FURNACES, I C I EL!:CT. CiRCUI'T AMP. CAP. WELOERS. TRANSfORMERS, RECTiFIERS. AIR CONO'RS pVERINC NO. I FEE 6;..~~A~~i NO. I FeE 1"~\I~~A O~i No.1 FEE 10 20 i 1 I 15 50 I I '" '0 I I j 50 100 I I : 31 40 i I 1'00 I I 15 I I I FOR MOTOR GENERATOR SETS ADD 50% TO TOTAL [NO.1 FEE I ITEM I i I o '00 5<1. FL Set. Fl o 1 I 2 I 51 ITEM iNO.l L E!1d1'OCM -~. 2.f:.ar.e~~ ~QI(rraol 1:.......at.._I- U-OtE>I'C:%r"C 11~lro'..ulOf I ~I(... J. Wal_p.oong e:.acn .to:=l O.det I ~ OWl/~sysr.....1 "_F....~J.col"<Xlo5l..,A:o....... S. a.sP\00r>9sysr_ 6.~_ ~s_..... I I I".'~'- I j " F_Ql""~l.nGIQ.cva .,..- """'"'" a. GI1"'-'~ ENCROACH~eNT ?~F.MIT . APPROVED l L \ 8.- USE ZONE r-- - 1-.6 ZONING APPPO'/AL c> -:;'(J.. .L- lncc:ver ~ V~a.. Add KVA 200 KVA I NO. I FEE i &.X! ;.11 501 70 ! ~ 5 1 i 7~ Ie" ! 1,0' FEE ~ I No.1 FEE I ! ITP..! i I I 1::'J.:''9"'sanc.M~ 12l:>rvC.~F..e:~ s~_ I I" ,,,,",,",5..- I I i :ii. ~:~::'" C>.Ieoot'I Na "WI Qt . J2~F""S+cr~hr-.:s1 l..u".... I X<lG... t,X;ooo:ll..oQuGf....~~ ~.'.l. I ; GECL. RPT. jS.D.A 7-1 ; F~CCO CC:-.l7;:;C~ '4 i b "='-.) HEALTH DEPT. ;"PP~.OV;"L ; =;'.L. CUE ~..::''''I(''I~:I=",'I:TI'. ~/ -i{"o ..or'::- . ITEM I INSPECTOR .1 DATE ROUGH ELEC. I j ROUGH PLUM8.! I ROUGH HEAT ! FRAMING I EXT. lATH I INSUlA'T10N I DRYWALL I I - ",/.\/1.-' ITEM FINAL ELEC. FI!IAL PLUMB. FlNAL HEAT GAS TEST I FJr'AL IPG3E I I . I~SPECTOR I DATE I ,f."" ( i I Zf. ,'--::: I Ii. ~ ! 1\ Ion I 1\'-' ,II I -Z-=-i c::C I -- ~ -~~-_. A+-t~U\-+ 'J... "-..--)'II'~ '.'}>., ~ :t',.. ';'~i::,-:.;:::~~.~.':.t,';.:~::::"~l~~:, ..;....:.:.~.~~.~.::. :~ . ""t.' ... '~ !...-.. -. ., '., - , STOP WORK ORDER t Date JC\l\l Q l Cl "55 l^-l tw f\i T '" ,. .' _ . . ~C()ri '--I q 12:0 . -'. .... ,- ,", ~. ... ,. . . :.. Y ou.are directed io stop all work. on the above until you have secured a permit and approval of the work which has been. completed to date. Work without a permit is a violation of Section 7-12.0, Alameda CoWlty Ordinance c-;'de.'.:"',.:.'-:.. . ,. . . . 'i~'a~oid.iegalacti~~ please apply for a permit for the above_work in 10 days. In order to secure a permit yo.u must submit 2 sets of plans which are drawn to scale and which accurately show the work which is proposed. In generai the fo.ll~'wing will be required:,.. . ' . . . ! ..:.,/.,: ~-~;:. ~.:...- ; " . ., ..' ; ;',:. .:_ -:: . 'r" ;. '. ~ .;"....' .' ..[2:. o o o plo\ pl,a~:, --: ,', . : 0 key plan .., 0 foundation plan roof f~~:~i~g ~~an. . ,,0 exterior elevation views 0 electric~1 plan', _ . 0 .. plumbing plan 0 mechanical plan ~.,..,;:";:-..-_... -, - -~ -+; . - . . .,. electrical load calcuIatiOl;s . o floor plan cross section and details o heat loss cales o single line electrical drawing . - ':.. . .0 I Plan m.u.st be..prepared by a Registered Civil Engineer or Architect. ~ Above plans to be drawn to ,(. ,; to. I ' scale, except plot plan may be drawn to suitable scale on minimum of I 7' ~ to. 2]" paper. See attached sample plan. o .Other information may be, required by t~~ Building Inspection Department at time of plan check. :--, ll1 Othe~ t-',<T5TlNG DtUG'-Ll ( (-0 (L C~LC1L QD.CLti- 0 '1:N ~-=riCTlG N. S. ' INSPECTOR'S COMMENTS: \;::.( c - tU-d .j". o Remove covering in the (c) mechanical, (d) insulation, (e) structural may be checked. so that (a) electrical, (b) plumbing, o . V~rify size and depth 9f existing footing by digging a small inspection hole adjacent to and under the footing. o Provide an LC.E.O, number, make and model or a U.L. listing number with approved installation in- structions for . to be used. ~ Othe::~ Ti2J)Ct C~ reG 10 (~IL QliJ"-lU\ liLD C r~ .Uq,QI CNCff D \)P(J rL 0 ~c. (2. LU l IL--\ l f\..] ( tG).. o~qs o.f=- \HcS ~GI\C~ ,. ?tMevt ,. .". . "-'.'~~'.' -. ._--<~_.__.....,,-,....,..... _...>;..,-' .' -_~--f~~:~~:;:-~~~}.~~~-:~~~.~ . ~. - ~ .' -., -. , --i . - / I " -I ~ 1 I r I ~ ~ ; ~ i ~ a . 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 flL( COPy RE: ZONING VIOLATIONS AT 11791 BLOOMINGTON WAY On January. 9, 1985, a Stop ~vork Order was posted at the 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 8.60.25 (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 B.-District, or required side yard. To answer your statement, 56 feet is one-half or 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, 1985, or moved to the rear portion of your lot. It wa~ .~lso brought to our attention that a mobil unit is beina -~ 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 s0rinkler system, deck, spa and exterior lighting. On August 16, 1984, an inspection was made and a correction nqtice was left. As of this date no reinspection has been called for. Therefore, within 10 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, bet'>lee!1 the hours of 8:~0 a.m. and 10:00 a.m. . ~\Lt'& Ll \\~CL- ROBERT limITE BUILDING AND ZONING INSPECTIO~ cf Enclosure A+~W\eNL+- L-f . ." -". ..-,- - '... - '.~:.~.::r."::':".~~: ~.. . '~~"- ~~ '. ;: ,\ 1 "\ ."\ 'a '1 -:1 l 'I =" ~ ~ g~ :J:C=: ".,. :~ mU !'"i ~~ 00 0; =, ".: "', ~: ~ o "-~ ". ~ '" m , ::;; ~ ~ - m ~ 0 ~ ~ ,., '0 ~. ~ ~ '" "'- m - '" 7 .., ,'0 c; ~ ~ ~ : ~ ~ ~ : .~ ~ ~ '?. ,g ~~ :i'~ .,' .-1 -". ( '._,.-."" ........ ':- ~ ~:~..... .~ ., :1.::.:..1.J .. .~ ~ . ~ ~/rs- .- ~~i~ CITY OF DUBLiN Development Services P.O. Box 2340 Dublin. CA 94568 Planning/Zoning 829-4916 Building & Safety 829-0822 Engineering/Public Works 829-4916 February 26, 1985 CERTIFIED l-L'\IL Mr. Ralph Hall .11791 Bloomington Way Dublin, CA 94568 RE: ZONING VIOLATION On January 16, 1985, a stop work notice was posted because of construction of an accessory .structure without a permit. On February 25, 1985, it was noted that additional work had been done in violation of the stop work order. This is a violation of Section 12.0 and 11.2 of the City of Dublin Building Regulations You are requested to appear at the City of Dublin, Building Inspection Department, 6500 Dublin Boulevard, Suite 0, on March 6" 1985 at 9:30 .a.m. to sh6w cause why you should not be prosecuted for the above violations. Thank you for your cooperation. j&;Pr~~ VICTOR L. TAUGHER BUILDING OFFICIAL cf IQ.( COP}' ,. i 1~ A-++o...c....h rY\€.-l'\-r 5 U i : ~ITY OF DUBLIN. P.O. Bux 2340 Dublin, CA 94568 (-+15) S:!9--+f>()() March 18, 1985 Martin Brown Asst. District Attorney 39 So. Livermore Avenue Livermore, CA 94550 r-f'J rijl 'r'. .... , C/'. '-. lJrf RE: REQUEST FOR CITATION HEARING - MR. RALPH HALL 11791 BLOOMINGTON WAY DUBLIN, CA 94568 On January 16, 1985, a Stop Work Notice was posted in connection with the construction of an accessory building. On February 25, 1985, it was noted that additional work had been done in violation of the Stop Work Notice. The building in question is a 6' x 8' shed that is about 18" from the dwelling. The building is on the front half of the lot. Section 8-60.27 does not allow accessory buildings to be located on the front half of the lot. Section 8-60.26 requires 6 feet between the main building and the accessory building~ , In addition a motorhome is being stored in the side yard in violation of Section 8-60.33- Finally a p~rmit was issued for a sprinkler system, deck, soa and exterior lighting on August 10, 1984. On August 16 r 1984, an inspection was made and a correction notice left on the job. As of this date the corrections have not been made. Please schedule a citation hearing for: 1. Ignoring a Stop Work Order - Section 11.2 - Ordinance 02-84 2_ Failing to make corrections after inspection - Section 12.15 - Ordinance 02-84 3. Accessory building in the front half of the lot - Section 8-60.27 4. Accessory building within 6' of the house - Section 8-60.26 5. Storing a motorhome in the side yard- Section 8-60.33 .,//~~ ;f:-~~?7/ c-r~ VICTOR L. T UGHER BUILDING OFFICIAL cf A +-feu--" M. ~,f- (0 . ,...~-_.."~.~,-'7'--""",:,,,":::'"';'~ ',-.:-.'_""'_-~--"":"-:~(""-':"::-'r""'.-."",-~!~.,:, .....-:~:-~.."':";""-:'_..--. "":,-.",:",. --,- '." . . . . .. . -..". . ........-......~_...-.......-.~..- . .-.,.-._~~._.":".:-_-..,...:-.- '.:h.."..~.r,~" ,.':~"'" -."-",, ':::'" -'- "-~"-"~ ...~' . , CITY OF DUBLIN ~'"mningiZoning l"ding & Safety . Engineering/Public Works 829-4916 829-0822 829-4927 DelO'et.opment Services P.O. Box 2340 Dublin, CA 94568 September 24, 1985 Mr. Martin Brown Asst. District Attorney 30 So. Livermore Avenue Livermore, CA 94550 RE: REQUEST FOR CRIMINAL COMPLAINT DEFENDANT: Ralph Hall 11791 Bloomington Way Dublin, CA 94568 Driver's License # SO~53396 Date of Birth 11-5-25 Location of Offense - 11791 Bloomington Way Dublin, CA 94568 Date of Offense - January 9, February 25, July 3, and July 15, 1985 SUMMARY OF FACTS: On January 9, 1985, A "STOP WORK ORDER" notice was posted in connection with the construction of an accessory building. On February '25, 1985, it was noted by the Building/Zoning Inspector that additional work had been performed in violation of the Stop Work Notice. The acce.ssory building is a 6' x 8' (48 sq. it.) shed located 18 inches- from the main dwelling (6 ft. required) and located on the front half of the lot (not permitted) . The lot is 112 feet in depth one-half the lot depth is 56 feet. The accessory building .is located 55 feet from the front lot line. In addition, a motorhome is being stored in the required side yard in violation of Section 8-60.33. A Citation Hearing was held on June l3~ 1985, with Ann Kenfield, Deputy District Attorney. Mr. Hall was given 30 days to remove the motorhome (July 15, 1985) and 20 days to apply for a Variance to retain the shed (July 3, 1985). Mr. Hall has neither removed the motorhome nor applied for a Variance. - APPLICABI..E CODE. -SECTIONS: Section 8-60.33, of the General Requirements provides that every required yard shall be open and unobstructed (EXHIBIT C). Section 8-60.27 of the accessory building in an of a lot (EXHIBIT D). General Requirements requires that no R District shall occupy the front half A+-~~~+7 'h_.y,",_,'_ ...-.~..,: ',' '. .. : .~":-"'_'!~.~_":,"7..,-,~;...._~ . .~,. . Mr. Martin Brown September 24, 1985 Page 2 Section 8-60.26 of the General Requirements requires detached accessory building in any R District shall be wi thin six .feet of any other buildipg on the same lot E) . that no located (EXHIBIT Section 8-20.2 defines an accessory structure or building as a detached subordinate structure. or building on a lot which is necessarily related to the main building on the lot (EXHIBIT F). Section 8-19.12 requires land, buildings, structures and premises to be used only in accordance with the Zoning Ordinance (EXHIBIT G) . Section 8-107.0 provides that violation of any provisions of the zoning Ordinance is a misdemeanor (EXHIBIT H). It is requested that you proceed with the preparation of a criminal complaint. 1~#aC'Q -~ VICTOR L.'T GHER BUILDING OFFICIAL y/'f f 7 . c ' Attachments: /~ Exhibits A, B, C, 0, E, F, G, H Photographs cc: Z""-85-l :" . ~ _ - .... _' ..r.-:.~'..-., "' .;,....~~.........".. ....._~._"""~o;:........_;. .0 . .-. ''7"'-~~.-'.'''', :,".-" '-~' . "'V-".~~'-"""""'''"'''''~'T',':~'::':?~.~~~:-':7''r.~-..-. '..J -," ~",'r...' ',' '" ;"....._:-<"t.,.~.u......:."<! -..~~ ':--; -.... '--""(""T~ '.-. 'c......,'..-",..-..;,;,...,....... <"', , ., " ( ( CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: September 15, 1986 TO: Planning Commission SUBJECT: jPlanning ~vf RA 86-026 Hall-Fraser Variance, 11791 Bloomington Way. Staff t^cj~ fr 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.O. Box 511 . - Livermore, CA 94550 PROPERTY OWNER: Ralph Hall 11791 Bloomington Way Dublin, CA 94568 PROPERTY AND ZONING: 11791 Bloomington Way Zone: R-1-B-E Single Family Residential Combining District APN: 941-2757-87 - SURROUNDING LAND USE & ZONING: Single Family Residential, R-1-B-E GENERAL PLAN DESIGNATION: Single Family Residential .9 to 6 units per acre APPLICABLE REGULATIONS: Section 8-60.26 eAccessory 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 eVariance) 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. 84 ~ .,. "'r" ~ ""'1 IF. ~" i" ~ 1, ~ "',;a <~ ~ ;} ,." t~ ,-:. ~ t.: ; ,;; 11 ~ ~ ,: , . 'OJ,:, j ~ )~ '" fie Jt ...,. ~ . ~ -li ~ C J ; ","' . "" . ~ .~ , ~ 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 ea~ 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 ~ccessory 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 Zonipg 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 Proposed/ Requirement 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 consiscent with the ~!edian Lot Are~ e8,000 sq. ft.), and Median Lot Width e70 ft.) and minimum setback requirements e7 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~f the lot, 56 feet from the front propertyline, 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 ~he 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 ~hat 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: FO~~AT: 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 5. 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 ewithin 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. ~7-' .. - .~ -;-.,---,.." ~~",.. A -1- ~.~~.~ .~~~ ~:"r:~~' ~?:~ 6ii li~ U~lil ~ .'C/; t'/--f '?.'- \",. v .....;;,......../ 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 eM.C. Section 8-60.26 and 8-60.27) prior to October I, 1986. PASSED, APPROVED AND ADOPTED this 15th day of September, 1986. Planning Commission Planning Director ~ -2- ,.- '....~... -.. ....._<;.-~.<.~...;-.;-.\.~.:.-:,.. ~i. ~~ 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 sid~ 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 ' ~... C) r; '1986 " I ( (..J t . Art~~H~oINT 2.A ..?' ~. c:. 0-'. VARNI, FRASER, HARTWELL, McNICHOLS & RODGERS A PA"'TNERSHIP INCLUOINO p",O,.r;SSIONAL COAPO"'ATICNS oJAME.5 I. n.sHE.R KEITH S. ""'ASE.R' "'OHN 5. HARTWELl... LOAIl:NE Kl!:L.LY-HOLLISTE.A ........TIN w. IHDl!:"elT%E.N OAVID P. LAN 'I!:A......N BONNIl!: Ll!:W......N STEPHEN L.,.....cNICHOLS....A. UONEL A. ROOGERS.oJA. eAtAN O. SElee::L ANTHONY e. VARNI 2109 FOURTH STREET p, O. BOX 511 LIVERMORE, CALIFORNIA 94550 (415) 447-1222 ......vw.."o O""'Ce:: 22771 ,....IN 5TAl!:ET ~. O. eox 570 HAYWARD, CAUYORNIA Q.4:543 '-"11518ae-15000 April 30, 1986 SOl.ANO COUNTY O"I"1C~ ~us TENNESSEe:: 5TRE.1!';T VALLr:.JO, CAurORHI.... 9-oIesao (7071 &o6Z-I5042 -", lI"'OrU810""..L cO"'~O"'..TIO'" RECEIVED. '\986 " 1 :. .'.J PLLA,5"'NTON O,.,.ICE 02 WEST NEAL STAEe::T ~ANTOH.CAU,.ORHI.... g~ee 1"'151 a....,-eozs DUBLIN PLANNING ItCP\.T TO: Livermore "lolt NO: 608821 Ms. Maureen O'Ha11oran Associate Planner City of Dublin P. O. Box 2340 Dublin, CA 94568 Re: PA 86-026-Ralph Hall Variance Request Dear Ms. O'Hal1oran: Enclosed are the ten copies of the site plan accurately drawn and fully dimensioned. Findings: a) Special circumstances. (1) Applicant had no knowledge or the re~uirement 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 9Y 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. ATJjgtMEHT ~ or .~ 8_."" .....1 "".:':,:., @;' , ~~).,: . .:,..'~ .cr r " Ms. Maureen O'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 - _-II__.____":"_._.___..~--'-:-------~-----_._---.. "- ~ ___ __...____--.:...:~_______.__J,.__ ______ ~ o Aa eq.e:r "u. .. . . .____ I o 0 0 0>JfJ} ,~_.~~-. 0 0 1 ~".,~~I;)~: '" /---.-', ~ - _ _ _ _ -'''--.f:l''v;;t"'\-v ./"', 0 . .... - \U'"' "^' 0 ,/ . '\::il ~ o 0 0 Q 0, a .:/ s,.. \+ I' ~ I ~/ \.~ \ 0 I ~ <";: Jt~"''''''.rtI \.:.:;> .3~ lAW,' ;: -:C\ ., ~ -~. 'II'....;~ \ 0 ,0 \ 0 \ 0 '8 \ 0 _~CJ(IN6' 000 oOoOe?> 01' . ---"- . I . '< ".!,...,-- I 'I' ~t :::-. " 6,;7, ..3...c ;I.-ro.J) 6.. , I A I ~r-o 0 \ I \ "".......,. \. ,II 0 ,") -<1-" JtLJ/:J~.w:~ A:l....""" (.2Ir", :.111IO j...~ t i l::l ;;0 c:: cP _.- m ,1" --'. i ;:;.:; 0 I I -c ;:-~ m I r>- ~ - J;o Z -' I Z <.D -< I = I z en m I 0 0 ",,'N I- I "';v:.. ..- -- l~~LJ -11 .1 I +-~.- :I';:~'. , ' A TJACHMENJ 1 'PAg~~oUo lnql ~lOOM;t\5h~ ~ 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 eno ~~ tit :; RE: ZONING VIOLATIONS AT 11791 BLOOMINGTON WAY On January 9, 1985, a Stop Hork Order was posted at t~e above address for an accessory structure _in the required side yard. Your ahone call to our office indicated that the structure was 7' into the rear portion of your lot. Your recuired side yard is 7 feet of open s?ace on each s~ae of your yard and the Zoning Ordinance, Section 8.60.26 (see attached) states, in part, that no accessory struc\:ure shall be constructed within 6 feet of any building, or within the front- half or any lot in a R-District, or rec;uirec. side yard. To ans'..;er your statement, 5 G feet is one-half of your lot. Your Slce yard, where the structure is being built, is 14 feet in W1Ci:~. 7herefore, 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 vJas .also brought to our attention t~at 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 re:;Joved by February IS, 1985. On August 10, 1984, a building per;nit \...as issued for a sprinkler system, deck, s:?a and exterior lighting. On August 16, 1984, an ins?ection was made and a correction notice was left. As of t~ date no reins?ection has been called lor. Therefore, wi t~ir.Cl:.V days, an inspection shall be called for to i~sure that the corrections have been made. If you have any questions, please call me the hou~s of 8:00 a.m. and 10:00 a.m. -~ "'- 329-0322, bet.~/.;ee:1. o \ \ \\ J \{J~..l'tt,<\ II ;\,.Jcc- "- E03E?~T ~_.!H~~l::: nu-:r.::DI~!G ..;~-rD ZG~,iI~'TG r:.1S:?r.::CTI'J:,j Enclosu;:-,= All ACHMENT c: ~ \ ~ 8-60.32 ACCESSORY STRUCTURES: IN RL~ Y~~. 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 swi~ing pools. (Amended by sec. 4, Ord. 68-33) ~ . . . ..1 :.':" .- 8-60.33 YARD REGULATIONS.. In order to secure minllnUt:l basic pro- ,,___v1.s1.on for light, air, privacy and safety from fire ha::ards, it is . required that every building hereafter, const!~cted 7~~1l be ~'p6n".a -, '-" - .,' Building Site of dimensions such as to provide for ~he"y'a'rds' ;= ~-:-.:'~~'.'~' . specified for the District in which the lot is .located, and th~'foilow~' ing sections shall ap?ly and control. Every such Yard shall be open. ' and unobstructed fro::l the ground up~ard, '.except -.as other-!ise" pr~vided':)\ .:-' ." for Accessory Buildings in Sections 8-60.27i_8-60.31 and 8~60.32,.for ' fences in Section 8-60,,53 and for other buildings'.in',Sect{on 8-60.37 . and for signs as regulated by Section 8-60.65 and Section 8-60.59.(b). _ No Mobilehome, Recreational Vehi~le;.utili.ty ,trail"er;,~~.il~~~t~d ~'3::1oer top or'boat shall be stored in the Front 1ard or the req,uired Side .-:; . , '. I .' , '..' I ,;, -. - ,.~ .:;:. -' . ", ,.. ~ard in any R D1.~tr1.ct'. - .. : -:'..~: .-' ..1 .." (k!lended by sec. 11, Ore. 68-27; =ended by" sec.. 5, 'OrcL 63-33; ~~eneed by sec. 4, Orc. 69-93) ~... . ~- !'..:~ . 9 8-60. 3!- y_~_~S: D::~S)iSIO~S. E-lery front yard shall have a depth eq,ual to or greater than that required for the District.end shall ex:end across t:-oe full width of the front of the Building Site; ,E'lerj R~ar Yard shell have a dep:h equal to or grea:er than that required for the District and shall extend across the full width of the rear of the Building .S~te. Eve~y Sice Yara shall have a ~idth~equal to or greater than that requirec for the Distric~ and shall exte~d along ~he side Lot Line fro~ the front Lot Line to the rea~ Lot Line. ' 5 8-60.35 _ y; DS: 1'SASi.BE:!E~T: R::A?. ~m SIDE LINES. The measurer::e!'_t of the r~qui"~d depth of a Rear Yard or the required ~idth of an i~terior side yard shall be horizontal and in~ard froe the Lot Line at a r~ght angle. wne~e the side Lot Lines converge, or nea~ly converge, a line ten (10) feet long within the lot, parallel to the front Lot Line and at a maxL~um distance the~efro= shall be dee~ed to be the rear Lot Line for the purposes 0: this se~tion. 9 8-60.36 YARDS: 1€,\SiJ?-E~:lT: F?CNT LI)IE. The measure=ent of the recuired depth of a Front Yard, or the required width of the street side ya~d' of a Cor~er Lot, snall be hori=ontal and inward frcm the street Lot Line at a right ~~gle; provided, howeve~, that ,where any official right-or-way line, or any Future width Line pursuant to Sec~ion 8-80.0, traverses the building site, the measurer::ent here s?e~ified shall be taken frc8 such right-of-way line, ~uch Future Wid:h Line or fro~ the street LaC Li~e, whichever produces the lesser yard. Through Lots have t~o fr~nt Lot Lines, frC8 each of vhich a Front Yard snail be ...easured. \ (;: \ .\ \ )) '\ '( J_ I -'- I. " ~ .\ . ~ . .. '... .,_: "': ;. ~'..". .. -' ...-.: . .". .----~. ., .':"~;'""'"'-',.-'~":'.-:~ .::_.::.--~ ~: -.,:::~~'<,:~C~..~:',.:t:::::~X:~;~:.i~~:. -. .. .. . .;" -~." .'. ,. -:.:~ " -;. . . ... ..,. >.; ..-,-<:ic -u'::;"-', .., .'-:. . "."'>::";.:-<<~: -;~~~~;,::,-'-.::..:::.;;~:.;. ;: '...:;<::.. .-,.;.- , . ..;' J':C tll~' (.1. :I H "!:.l!lt. . !):l_:",io ':Z~.;~-\ .5I"J .,.-:: ..[.J~:i:: ~.I .:;.:I".~1:._...-,!~.~'~. .:.':.:I...~...a.:::~a. . 'J:=~.'" ~ 1:' ."~\&;3.Bi':~~I.~~rl~~1~\;t~r~^b'I~}:~.)~~~;~:1':~ . f) . ... . t: _' ~, ., . T"'. T" ct-rical. ~ '~;:.':"dist~ .- c'e' p"'ercepti1;l~'lat or 1:i~yond -the lot ~ines.:"". f\": .":,,.... . . '. ,_:.' 'It;":' "t(. .... H"'j.~. _. ...... ~.....,.. .....~... "!--. ", .~_~#!.\>(t'i:.,,!...;;.nlr;..-::.,I.! ~"~"'n~ -- .,") ""....... . g) '~.:.Any,~se 0 ,r'; Fr_o.nt-,-,J,~rd-:or-.~;~~y~;:...il" flol ~c;o;?~~;u~.;io .. ~.f,epair or ,_, dismantling or t use~ in the 'aggregate".of ~~n ~r . greater -than one- . . _ ...... 1.. _~~ ... .__ _..r"_.l..z l.. ~. -- fourth .(~) of the are the Dwelling Unit. .-""~:::;;,',,.: .:."-.';;.~/:.. '.. .'. ' . . . _.' . .. _. '.. . ....-I .-.. . ,'-'.. ......~.. ..... ........:,;-..4-i. '--'-' '-. .--...~.,. -...' :. . . , .' h) .:,:.: ~Anr~~~g~..J o.~3.e..r.J:h.~r:qt~~~r:-~ . lat~,l.pe ...:: ~_':..d_;i?,.1!!:f.~~.:.t,r~ct_;:':oi~I('" ,<: '. ., ..:.;,..;! . i). '."lC<?~~~.s~j9f.~~_P~::~~E(,~.h?.~'.<i~~~~~ .'. tl,"~c:.~..&~.e;~~,Je~E~;.~_9fJ~._c_e,~.r.<l:i~ing -- ... ., '.:-~:'.~ . .:.: T -; :.:.i.l::--f~~ ~~~:-' o~t....:.an.~~~t'/~ e~~.: or _ r-~.~.! :.~..,., ~ . e; !:.~!i~~,~ .2!_}_~_ci!lg_~~n:.u~~c. . .:';; .,- ":- ---f.''::! .' ..... v...r..;.or swi=ing or .an asse d class'of'-JI1ore it.. ..twoc(2)-pupils; .i~-;::"'-_._; -:/ .-..~.. ,.;:t< _ ...._..... ....... . . :.. n--:,.:\. .,... ...' ..' ........;.:.~'Z-""- .....-:..u....:~-......... -;:..--__._1. - ......"..:\:........~,- .....~...:_...._..-~ '.':;.:' ';;,.",..j) _';;;.;.The repair;--::_servi ~ ,~:painting.})rJdismantling:o - tor;yehic1es or':?,:::'~-:.i-,;~~-:.:':.;,-::':;:;;: ".,. . . ,>__. ...,....' _ , . .. -c' ., ,. ,... ~ '.. .. ~"'d.';!>.>- __......m.._ ""~I- - "~.... . . .....-..-. ':-, .', ,~~. ,,'-.,. · ..'.'..',J::;. _:/>.;.::;:. f,~-. :~;of i:::~_e:t.rica _.e~~~g~;:~ to.rs "~_~~.7~.er~ ,:t::y':.r!~~3l_~;.~eEa ,_, .se1:c:.~~ ~.1~'p'li~nc..7~<:.f.~i~ '.. :<:..:;....._.:.~) /~<The .ren ..?'f.:~?oms ::>r:~Lthe pr,o.vi~lng~?f.~~.~~~_e:.~~~a;:.d:f.or.-:m_. -that.:. ~~ur.6-'A:.~.ff~~ : .,. ".,-:-"~'",,-,(4 rsons,-,or :.if licensedbythe.;~tat:e~pepart:nent :of;Mental.Hyg e for :;:~:'~.'-;:~:J , . .....2;~:~;0,~:~~;:"it;~~~~~!i~,~~~y!i7~~~it~~ii~~i~~ii;t~~;~/,,~;iWt~~:.;.~ ...,c';):'J."::-::--. .."" """J..t".v.l,~,:-~,"'.-.I.:3...~~~"'''~'''.::.''~ l'a,.;:;,;~.~~2J_;~f.-Gc,;,-J"'..,. ;,'O...Cc..g :..e .... ~ . 8:.6-0~. :2;3 :'~.:ACCE~ SOltY -'USES~ :j-REcREATIONAL~t:cR~c~:e;:a~~.~~'i{ljt{~'{~~~~-fh~..P;~~ise~ f ~r: "/~::t~ ~ :: ~:t'h;,"~.;e iJ~'i ,the ~9~~~pa?t~'~~~, -,~iO:::pay~~g'~~~~E:C.ar~~p'e,.~~t\~d; ~~~n., q~alified as -- .: __ ':. -.Accessory Uses in any' Distric t. _Private swimming pools'.shall 'be -regulated as ....>,.:~}:] ::':'; AC::'c~~::':~ S:~~~ ~::~;;.: f8:~;'~.::~ ~;~: ;;~~;~;~ ~~H~~~"~:rt~Ei~q:~~ '~;.. . , ,"._' (Amended by _see " ' ,._. ),. - "..' ...- D.':2~""-';;:. ....~. tr-.l<J'a."->-'.'.-'. ~._- ,_ _ . ,. ..- ""-"-':-'.~';";~ ;-~.':~ .~~/,.::.:~~-:;. -'~.~'-_:~;.- ~::~.,-x:3::;~'-'~~'~~~~.~':"'~.: .:-'~~~ 9 8-60.24 ACCESSORY USES: LIVESTOC.Z. In any R District .w~ere the Accessor] Use is the maintaining .of one or more horses o::;co~s,.any outdoor s?ace used by the same shall be in a fenced area located entirely- on--the -rear"'r..alf of the Lot, no _ part. .of 'Which is ~-ithin 'fifte.en" (15) feet .of ..the"Lot~Line"nor. forty ..(40) fp.et _ \.. _~.' ._._~.... _.._._ 'f'"... .,. t. ..... - . . "- from any Dwelling.', ~..-,.~_--<- -.'; .~..-~ ~....~..\~ di:~"O ~o!:'~~a:!:)ri.h-o: i!~-::l ' .. (;. p;;l:~' ~ ;';::r~~'~::. :i;;; 9; ".:' ".-"'~~~f5~~~~~~~~1i~;~:;~fi~~:' . r:] 8-60.25 ACCESSORY USES: PETS, LIVESTOCK,'. BEES: :E.'{OTIC:A.'UY_US ::;'_Thekeeping - - , ..of pets, livestock, c~ees. and .ex?tic ~n~~~~~,_.f~:,:'Wh.iS1?-..\)e:?~t. has'__~~en obtabed -.,::'.~~~ ,in ac~ordance with applicable ,regulations are.:per:litted-in"addition ..t'o.-thoie ,...: -.. '.:::;~ anbals othe~..ise permitted by"this' -chi'-pt'ir:'5;.:;'f,~-:~~~'~1~~-:~.'~:::3,2'L~:~.:":':';:-,-o;::'~:::' :"~~J~~~ :. .. .. ._'. ~..... .~.. .,. :~.;r~t~~;t~~i~~~X:-ii-:l:);.~~.'~ <::~;:::' ~ .,"",. '. "..-.:~;:: ~ (Original repealed by sec. ..1., .,ord~,75-.-~9;Amer:de2,jy~Se~.2, .Ora. ::7)-~9) :'.;"....;::.. ..-,..".~.7.~ . . ,/.. _:\ ::~i~~/~'{ .~/l.::'::';,{i- \{ .:.o;L _:'}.~.~:':~_'lj ,?; ~;Y~r1:J3;ft'~1.~~~;'~1f$ffi:~;~'~~~;;;:{S&r{[:>:i~;::. }, .~:.' :.':~~:;1.f;~ 8-60. 25A -"ACCESSORY USES: ...;:'EXOTIC ANI:'.ALS. ."I'~Exot:l.C ; Anbal s.Jor_ :.;hich:a pe=it >::;"'.',. ..-~~::::!;~'f;~: has .beenobtained .in accorda~ce- "'ithArticle'.7..ofSha'pt'e'r;:3;~Tit.l-e:.3 '-of' .,. ;:~t.; the Alameda County Ordinance Code are permitte.d~i~.addition;.to,~those .ani-.. --. .. ... .' ... .' , \ -.. .'. .,. ~- .'. ..... .I..~.... ~"'- \.-. ... .- mals otherwise permitted by this .Chapter. .:' ,:~.:::.;~.=;:i.,::.:~:;;:,/i:~i.9l'::~;::',.. -- .. _. . ..:.>:'.(E.~ 18_;~g ':~~~2 :,:~Z...~ :'?::, . , .'. ~ (.j ..C. \;..., - ~ .';.- , . -..;../ 9 ...... 6 . - on s~c. 2, Ord. 72-16; repealed by Sec. 1,'Ord. 75-29) '.., 1"\.' .;../ .... -".:.-_7'.:: ''''._- '.~~ .-'_'.1;"_' ~. .".,'''.- ....__..p.~.:... ...... ....,t.... .' ..., H .._ 8-60.26 ACCESSORY BUILDINGS. Every Accessory B~ilding attached to a Main Building shall be subject to all the requirements .of this chapter applicable to the Main Building. No detached Accessor] Building in an R District shall be located within six .(6) feet of any other Buildi:-.g on the same Lat, or have more than one Story or:a Height-i~ ex~ess of fifteen (15) feet. -- ....,--- .. ..' . ,.. ..... .:.- ..'r.'. ..... ,:,::.~. ;.;. :. ..' ~_~.~.~"iIla"'."'~"X--!!'iii1~1ifilia~ : ~~:"-I-{.O~~~~~'" .'i'\.~1... .....-' ' ~ . ;;:~~-~....<x;o'danc"'!lb~~"'fof'~'" .. .~; f'~~ario~ ...;..;"e-.w4~~'r~~~~~lt. .'-, ,.!Jt-.._-_~__-- _ T~..,_::..:~_-,., .. - .~~ -- '- ( : ..,....,. _ _ / . L"'l..... , _I.... . , ~- ......,.-.' <-.- -.-1- \ \ i \ \ i \ ~.' ':'f::":,:~.-r::::~."'~~' --: ,. - - , : .. .. . . : : ., " '. . .' - - - - 0 ~ ) ~ n -- > . . .. '" ~ '" , :...."' ~ .. .. - '\- ~ ~ '.' " .... , .~ .,. 'i.v, , "- ..;.-~ '-' -S r. , , . :~ J; , , > - " :~ ""':, :-:i " ;;:';;'~ . " ~ 0 , < - '" " 0 ~.: m . I ; ~ ;~ ...:..: " ;;: . "r; fr.: "\ ....~ - - - 0 " 0 " '" , > < > ,t.j ~ ;A ~ z '" 2 Cl 0 " -,.'~" -..- I -,-._- " I .' . IT ----....-:= ~.~~T ..' ': .: ':. " ' ," :: " ...' . :.-: :' .I ~j.- 'I. . '. ' ..... ,,'. I it I I il I ~ p i . i . j{ i 11!l ! : fl': ! ! I,: , ; II! . ~;\ h! j'.' i i ~ ..,'" .; ., I r ------ r"- . -: i '-....... '1 j .--.,........ <,_: ,\ ;' \ : \- ~ '/,1 . (./! ~. (; \ '\ ; '\ ~ I' I.. " .: '-. . :. , t --._' )", '''::J , \ : ~-_._, '\ " It' , I~\ -..---; !:~ _~I::.:--.:--;:::.-:~7~-=\..7.7U~;.:;;;~~~-~.~ ," : ".-, :1 i, " -....., ,.;i, . " ":'..... ... :i ~ . ''::..J ~: ~ : _ __ ii,'{} -... ~......._,.-.;- n I - . '. C? r-; I ~ i ..;' \ '. ! .- .' L .' , . ~ re L ; I I \ i , \, , 11. , .. ;-----'-.-.." --..-.s-+-:- . !;. ~1 :: .....,\ '. , " I \ ~ ;. r.: ~.! t;-~ " ,.... ..-'. ...-. ~i ... ,i.." "l: I ;; ;i --.,- \ ? (-" \ ,; ! \..'~: \..... \ \, ", ......... -........-. ~ ~- ---' i .. ~ ; ". ...;....... '~ , -.......... j-, ......:'. ~ ", ..../,; ( L\ ; i " ". ~ ... -.! ,I ;! 1 ~ 'j I \. t ( ,"- / _/ . ~-~1 I I i1 / ; ..J, \ ~--'--~----!-~----ra, , .- t /., ~; I. i",.. . .... I...:'J; \ : .,-.... . ' , ! /" \ ; ..~ 1....: \ /' ~ '! I" "'-., ---.... . )~ . 1 / ,--/ - --:---... i r ',' '........... p . .//,. n. '.. i\ \ ... . r~ -) .. I. I , .. . r-L_~~-,-~-~n..~r'--":..-;L \ ----~ ~ T'~ \. .. I i [ , l . \ I! : I j . 1'---..--.-.1-..---:---'..'+ --.-.-.-..~ .-.--....-.-. ....- hl_ - C .._____...n .., "'---"'-'-'" ~.- ----,.--.-.---!J---~-..------ I . ,----'-.------:..-. -'-.-:..: .'~-.= -~~~:~~=.~::~-.:-~~::.:.-::=-==~::.:~.:~~~- I ! !. , \ \. " , -- ~ ; i i ..- .......... i ./---- ....--e :..---" . ... --:=-- " ......- '. ~ c.-- \ A ,--I NOR'nt uJt'5r "foR-liON of' L.,b..~c..A?[" ~LAN ON fILE \)J1'1H 'Bl.JIL1)(/-0~ -pep/". A IT ACHMENT ~ -pf-.. 8(:,- D2. ~ 11'1 q I "B\oom.~+n ~.:<~~~ :,\~:~../ :/ ". \(- (r -!,,"..- RESOLUTION NO. 4-86 A RESOLUTION OF THE 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 prov1s1ons 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 _ --i_dentical 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 ewithin 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 V&riance 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~he Building and Safety Code. BE IT FURTHER 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. 0l1cuu ,94\ (')v{Ctmu==--- Associate Planner ?^n;n~ Anm;n;~rr~rnr A TT ACHMEtH 5 l'r~EL--C2..G 117:l! 6!c-'Ci;1r'J1<'J-b;1 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. ~4 * * i'E- 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 circumstahces 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 ~onstitute 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 rhe 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-- 'I',,"ohpr_ " Regular Meeting ZAt'1-6-- i J~-I T 11 r:~ ~~ !r!~l!l'!ilIIl . \ ~_1 ~ WI ~~~ ~r;il ~~ :n, ~ "', t?~"C!:..i~~;o:!~ Bit' _ j TA'_1i ilii.._ : )' ., f ~ /'/. - --; ," ~ I.' "'"7:f, .. .-: I. /~ ..-"'" 1/1" I - - '- 1'- . ~ - - . (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 Sl,200. Mr. Wylie stated that Mr. Hall had tried to do what was right by checking with the City.before building the shed. He said he thought the Variance rule should apply. Mr. Tong ascertained from Mr. Hall that he had spoken with Mr. DeLuca, who no longer~orks 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, fIr. 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 con tin~ance. / ):.1// /' /. ,',! {. ",; /; 'I _/ '. I....!.J... I 1;0, ('~'_\_~ _L '-- .," '. 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 B~oomington. 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. ; / ,: 1/,/.1 f/ 'I / I I u,'/ " ,-' . 1_ ,~~ I~_I _ /f 'L"r:.L/: {:(~C-I.. (." l. . < - \- - "- - - Associate Planner "- Regular Meeting ZAM-6-1 August 12, 1986 "J'tf1Itl'~: .:,:..;;-<:.c:;::_~...~~......:..:<:'.!: . :i':;J;:;.;:~::y:;irg!t~~N~j'ii:~t~~~tt, ....:. " .~. ;'.. --", ... ," -- - . '- '-":."-; .. . ~. _:;;';'~ . , ,". -:,." -.".".-'- .- . -"- -:."..' ~ .-' -. -. ~.. :'::.'-;~ -~ ..;.- :.~'- q - . ~~~,~'y~'~~?::~:r.-,~c .~ ;I~r~ ~ ~:i! VARNI, FRASER, HARTWELL, McNICHOLS & RODGERS A P.....TNE....SHIP ,NCLUDINO PAOrE.SSIONAL. CORPORATIONS .JAMES I. rISHE.(IIt KEITH S. ""AS ER- .JOHN S. HARTWELL.' LORENE. KEL.LY-HOLLISTER MARTIN W.INOE.RISITZItN DAVID ~. LAN rE.A""AN eONNl1!: LEWMAN STEPHI!;N '-.A.MCNICHOLS.oJR. UONE.L A. ROOGERS."'R. ISAIA'" D.Sl!.ll5ltL. ,A.""THONY IS.VARNI 2109 FOURTH STREET P. O. BOX 511 LIVERMORE, CALIFORNIA 94550 (415) 447-1222 HAYWARD o,.neE. ZZ771 ""...... STRE.ET P. O. ..OX 570 HAYWARO,CAUFORNlA ~ J.u51 88&- 15000 August 20, 1986 SO\..A.HO COUNTY orner; WllS TENNESSE.E. STFu:rr VALLLJO,CALIP'ORNIA 9-4aS1O (707] 6ol2.1~ -... ~"OrcSS.ON"'L. C:O"~O""'TION P~"'HTOH O,...,CE. ez WIEST HEAL STREeT Pt..LASAHTON.CAU'FORNlA ~ee t-ollSl e.....1lS-litOZS "EPL.Y TO: Livermore nL.1t 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 at the public hearing on July 29, further hearings in this matter. the tape recording made 1986, be preserved for Yours very truly, VARNI, & RODGERS -'. ~tCEIVED AUG 20 1986 KSF:br cc: Mr. Ralph Hall OUSUN Pi.At-'.NING . . _u ._._. _._:.--:'"""!':_._--.......-----.__..~. __. ,.:'-, ., . : ......~ ...- ......... '. .... ._ ._'_'._. .1..._..... .~ .- .~.:~<~?~}#:~~..:.- -. --, '..- .:. -. ., ~ ': ~ .::.: :~-:-~ ....,.. .. 1 ':. A IT ACHMENT 7 II ;:::1 ( c, I r ^ ,^ "" ~(', '/> . . ': (/!:./I.-;'}(iF'~' {,'l ,.>...-. :~~~.::::: "::~~-..,~:r{"&..~3~~~!!.~:s:";:':' . '.~;'{:.::.". ..".".-;" . '.. ..:.....:-.... _.>~,.-.,'2.:<,";':<':7,;>;<c'_~<".;;-I!: :i:tj ~p i;':G C2G .. -J~-.-}.:~?~;~.~~~~~:~:~~:;~~f-~:;~~111-~~_". .A._~~:.:;~~)2;(r~.~. .::.::-.:<'~' .::.. . ~..