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Home My WebLink About86-026 Hall-Fraser Variance 10-20-1986 CITY OF DUBLIN PLANNING COMMISSION SUPPLEMENTAL STAFF REPORT Meeting Date: October 20, 1986 TO: Planning Commission Planning Staff ~~ ~ FRO!'!: 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 October 6, 1986, Planning Commission meeting at the request of the Applicant. Attached are the Staff reports from the September 15 and October 6, 1986, Planning Commission meetings. Staff recommends denial of the Variance request. 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) Planning Commission Staff Report and Attachments Dated October 6, 1986 ITEM NO. ~.... , COPIES TO: Applicant Owner PA File 86-026 RESOLUTION NO. 86- A RESOLUTION OF THE DUBLIN PLANNING COMMISSION ------------------------------------------------------------------------------ APPROVING PA 86-026 HALL-FRASER VARIANCE REQUEST TO ALLOW AN ACCESSORY STRUCTURE INA 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, October 6, 1986, and October 20, 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- EXHIBIT 11- 'PA 8h - OU .--,.,..y.,.......""";-~~l7'--r,' .: ::~:-..L'-,_-;::~1\1r~~~;)~~~~ 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 20th:day of October; 1986. Planning Commission Planning Director -2- ":'~~:.' ,-."",~iF)J,[ 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, October 6, 1986, and October 20, 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 concerning 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- EXHIBIT B 'P Il g~ - D 2-& 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 lim~tations 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 (M.C. Section 8-60.26 and 8-60.27) prior to December 6, 1986. PASSED, APPROVED AND ADOPTED this 20th day of October, 1986. Planning Commission Planning Director -2- ,; 'I CITY OF DUBLIN PLANNING COMMISSION SUPPL~~ENTAL STAFF REPORT Meeting Date: October 6, 1986 TO: Planning Commission FROM: Planning Staff ,,^,d~ tt 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 Burnham 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 Drder 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). ------------------------------------------------------------------------------ IT~~ NO. ~ A'.,.T.'..' J. i.~... ...~..... .... !."'.,'.."I.......".....,..I.~...,.......P..,4.:..'li.~.r..I... Udj.? I JI . . ; .. f,< ..'..' '" 1 il 1~'~~~~;;~it5. fR 6~/Dt0 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 direct~on 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 ~equired 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 ~r 15 feet tall, the Applicant was not aware of the zoning regulations. -1- EXHIBiT 11- -y.c ~U..vh-I\ 1. ~cA-, (p I nsP ....):::.7[8~~[ti ::'9;;~~~~~;l~~ ; . - _. ;"._~~..;...'.~ ..1- ._~. ,_-~. ."_r";~~[f:~:~~.~??~..>~~.tft/~~..: -. 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- ;.~;}~~~1~I~!3]1"::;{::7~~~~t~~~~~l~t1:~{r:~'~~"~;;"" ~"i~:~:~,:~~_~'r;j:g~ ~~~~~F~~;1~~~~~r~'~~~~~ ': '. ~ : . _ _ '.'~ _ k RESOLUTION NO. 86- A RESOLUTION OF,THE DUBLIN PLANNING COMMISSION ------------------------------------------------------------------------------ UPHOLDING TIIE 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 concerning 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- EXHIBIT B 'P.c. (t\uJ-rIlCj I 0 (" (eJo ~ ..,-. ~"~~"'~"..,~,. .~~. .. . ~_.:::~~~s'(.,I:"..~.~~~~~~t.~~Tr , ~:~(.!I~:~yit~,~j~~li3;:\::.",':::1,;t~~~,~\f~"f*t~7qi~':'~,' ' " -' ....;.' .'~ \'::-~':: ::-:~71:,~:I~: '~:L~.;~:~:.::~~ -~<;. ~.~:rf:~{3}'~-':::.~~~:~11fS~' ,.' -.- '. 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 surrounding&, 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 lim~tations 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 siz~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 (M.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- :?t?::7f;~~~illft!l~~1g{;;T>i- ::""':"'''l.;~,,;:e,:<~r!i'1!~''''':::-''' ' '--',:";~:~~?!::i,.tl~;i;irp:- ,~. "1'-)'1~S;;;.:?:",- . -":,:-'->~~~~~~:i~-;.~~:... - '.m'i"J;.~~~;:.!.:~:-:~ LJ..;velOOIT1(;;;:Ill ..:;~.:. VI\...C~ F.G. So:.; 2340 Dubiir:. C.~ 54568 , TO: FROM: DATE: RE: r Building &. Sa:etY Ei1q... .;nglPublic Works s...,o ";;')" "".:.. ~'........-~ ~?q'0.,)'" '....._;-~J_, MEMORANDUM Commissioner Bill Burnham Planning Staff ~ MO' ~ SePtember~4, 1986 PA 86-~ Hall-Fraser Variance 11791 Bloomington Way In response to your inquiries concerning the discrepancy in the information presented by Hr. Hall (the Applicant), Hr. Fr.aser (the Applicant's Attorney), and Staff, the folloldng summarizes dates and other information contained in the City's Building file and Zoning Investigation file for 11791 Bloomington \~ay. CHRONOLOGICAL HISTORY: September 21, 1982: Building permit issued to Estate Homes for a single-family dwelling. June 12, 1984: Building finaled by Building Inspector. Stop Work Order issued for the following work because no building permit had been issued: deck- attached spa, sprinkler system and exterior lighting. The Stop Work Order required work to stop and a permit applied for ~ithin 10 days (see Attachment 1). August 6, 1984: 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 (see Attachment 2). Stop {.fork 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 (see Atachment 3). - January 9. 1985: ATT A ~.... -r.!3Il";Jl ~ .!ol'~ fIiI~.'-"'" -.\ ..' ., ...;i !E '"" tt, " ' '. l:l B'. J.-,i', ",$ ~.:, '$a v' I .~ '= ~:-~~., , ~.~ ~:~~f~ 1 ~ fi~ ~ i IllvEi:;;H~~~~ r'J , }'~~fr.~'~;~~~ff"::':~~!~~; : 1 (-C c Commissioner Bill Burnham September 24, 1986 Page 2 January 16, 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). January 25, 1985: Building Inspector finaled electrical and plumbing for previous permit issued August 10, 1984 (see Attachment 2). February 14, 1985: - Building Inspector noted Variance had not been applied for. , February 25, 1985: 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 jramed and the roof on only. February 26, 1985: Letter from Buildin~ 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). March 18, 'T985: 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-(see Attachment 6). May 2, 1985: Hearing with District Attorney scheduled; sub- sequently cancelled by the District Attorney. June 13,-1985: Hearing with District Attorney held. District Attorney informed Mr. Hall and his Attorney to apply for a Variance within 20 days. July 13, 1985: Zoning Investigator noted Mr. Hall to date had not applied for a Variance for an accessory structure. -''-'' " r' Commissioner Bill Burnham September 2~, 1986 Page 3 September 24, 1985: 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, .~uly 15, 1985; and July 3, 1985, relating to accessory structure (see Attachment 7). November 26, 1985: Scheauled Court Date - fine set at $1,955." Mr. Hall requested Jury Trial for zoning violations. January 29, 1986: ,Readiness Hearing scheduled. March 27, 1986: Applicant's Representative submitted application for a Variance request to the Planning Department. April 8, 1986: Letter from Planning Department to Applicant notified that application submittal for Variance (PA 86-026) was incomplete. May 1, 1986: Applicant submitted additional materials for Variance request. May 22; 1986: Letter from Planning Department to Applicant indicated application submittal was complete. July 16, 1986: Zoning Administrator Public Hearing for PA 86-026 noticed for July 29, 1986. July 29, 1986: Zoning Administrator meeting held. Following public testimony and discussion, item was continued to August 12, 1986. August 12, 1986: Public Hearing - Zoning Administrator denied Variance request (PA 86-026.) Augus t 2G-, 1986: Applicant appealed Zoning Administrator action. September 2, 1986: Planning Commission Public Hearing noticed for PA 86-026. September 15, 1986: 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. . . J 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 constru~tion 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 opportu~ity 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. Tne 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'~?sued and before the shed was built_ A review of the building permit issued by the City (which maintains inspection records) shows that the only inspection called for before issuance of the Stop Work Order for the shed was for the underground electrical, August 16, 1984. 3) Lastly, the Applicant indica tee that after receiving the Stop Work Order only a couple or shingles were added to complete the shed. The City Building Inspector's report notes that the shed was framed and the roof on only. Tnereafter, the shed was completed with siding and painted in violation of the Stop Work Order. . ,- .,'.), "-'''"'.''C;'ft~;>.ff''''''-'''~.'<{-'''"''''''''''''''''''~~~~~.&::]'''~''''-'~~'''<"-'7"~"C ......;...F ..~.,.,.~~~-:)j..,---. "; '~~~<~.~~,:~,:.-,: '-;,~:;~~t~:~'.';j:~~t:','~'f~;';~.~-t.?:~f~~,~~?ff,~-J~~~~~.:~~~-t;:!g\~:.:::~:::'; ::S;~~~.~ <. ":5?r:1S~}i~J!tt:~~'::,~-,}_:o (~ Commissioner Bill Burnham September 2~, 1986 Page 5 It appears clear from the sequence of events outlined in the summary (1. 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/HO'H/ao cc: Other-Commissioners Zoning Investigator Building Official Building Inspector . -. 0-" ____ __....._P_.p..._..._._. ..p......_......~......._..._--- . . h______ ,~T~;~~~I~~~ rrf{:Y'~~'-' 'f CITY OF I.J ~LlN BUILDING _ .5PECTlON DEPARTMENT' 6500 Dublin Blvd. - Dublin. CA' 94568 (415) 829-0822 J STOP WORK ORDER , Job Address 1.\ r( q \ - \2..( ('()l\..l \ ~\.t<;;- ION Date ~ -~ - s:i Description of work Cf?CJt ~ C\IT c.c .L!.?E n - SPA ...:... C:::-O 0 I f\j 1LLsC. rc .....1.../ STE:i'\.<..... J &TQ..IClG CL LI GH=r1 \\.J~ 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: EQ o 00 o o key plan 0 foundation plan o exterior elevation views cross section and details o heat loss cales o f100rlllan plot plan roof framing plan electrical plan ~ o plumbing plan o "mechanical plan rgj single line electrical drawing electrical load calculations .0 I Plan must be prepared by a Registered Civil Engine:r or Architect. 2D Above plans to be drawn to y." to l' scale, exce;lt plot plan may be drawn to suitable scale on minimum of Ii': too2}" paper. See attached sample plan. o Other information may be req'lired by the Building Inspection Department at time of plan check. o Other INSP~00R'S CO~I~IENTS: o Remove covering in the ~LL It [\lr:r.:r::"Q./;,..--.<- H-Jij LU {f~( ;\~o that (a) e!ec::i~al, (b) plumbing, (c) mechanical, (d) insulation, (e) structural may be checked. - o V~riiy size and depth of existing footing by digging a small inspection hole adjac:nt to and uneer the footing. o Provide an l.C.B.O. number, make and model or a V.L. lis~ng number with approved installation in- structions ior . to be used. o Other ~c~k '. f'-:+-t- c.Lc...(,\'r,\e'l'~ I I I I ~ " I .~ ~ . , ~ 1" G 5 s ~ ~ ~ ~ .. . .'1 ~ o ~ ~ I " ,-;- ~IV. IF :- h CoJ.f". r \ . ? ,6-((:) -84- .. APPUCANT: DOWNER: .d~ONTRACTOA . ,.--: .:ORIVEAllC.NO. ~'l'1t.c.,\O ~~~E ~.s:::'~ -<<,,,~.., .,. :=:::~N~~;;\~~~~b~ -N-I CrlY_p~~c5~~~ ~?-:p-~~-t- "-'~'.~-;cff' COKTAACTOR'SNAME: &~c. ~J~,.J T PHONE <:C"Q-~JJ'J. I" t-!r;) 84 AOORESS: ~'l...--c..l- v...llo'f' FL, CllY <;;:..." l2:1'-U^ 7tp C:;'!',,"iI" .'>~. v. ARCHITI!CT OR ENGINEER NAME: ---- PHOH" j S,AT. Ue. . II'"''' I !Al.I' t:~ ~ ~ '.j;1 ~I ~ili"f." i-i u .J.T.'Iiii'l".-~ :iI.a! x> BUILDING ADOAESS: -irnoi"""'l;r ....." '- (,1" I ......t"""""-.~.. ..-.,---. --- --- "HE-:.,;e- BETWEEH CROSS STS: ANO ........ )( 417 -- CITY ?IP AOORESS: A. TRACT B. BOOK 9.9'1 BLOCK 2'1,::> ., BlOC~ lOT PAACE' a 7 :J. - = a= 00( 1:1\ 01;' blJ:J Ii 11,'.1:11.'( c-ilC,I,1 =.. ~ /.f.\1T... Ai ,ELECTRICAL SERVICE ' VI. LEGAL DESCRIPTION (Flllln 0rMI 0' the ',:>>110wl"9): No. $lOfies exlenor Wall Covering o ~q. FL &lQVOllSOIl.uS I Over Inc. Fee =1 alXS lCO NO. I FEE 'c-..~ ~ef ~ V~1. ,Add KVA 100 I I I!OO 200 KVA t No.1 FEE ...",.1".. \ ~.... I I I i I B I MOTORS. GENERATORS. HUT<RS. fURNACES. I C I ELECT. CIRCUIT AMP. CAP. WELOERS. TRANSfORMERS, RECTIfIERS. AIR CONO'oS joVERINC HO. I fEE p. "VA, OR "'..... NO I F-- I.... ........ OR....... I ovtA_OHC I .\ <: ",,'"_..: \ NO. HE 10 20 I I 1 I I I \5 ~ I I ! tl 'O! I 2 I I I ~ \00 II i ., .. I i 5 I I 1'00 I I :., SO I I 15 I I I !" 70! 1 FOR MOTOR GENERATOR Sc:: IS! -. loo! I ADD ~O% TO TOTAL 1:0\: I !NO,I F-- I 2 C. PARCEL MAP PARCo o VII. OESCRIPTlON OF WORK TO BE DONE Hnr_,.\d"llion~en.lion_R~..._M.oved_Oemolisb_Renrflal A. oeSCRIBe NEW BUILDING: GfO:SS Asea Sq. FL 8. oeSCRISE PRESENT BUILDING: GlOSS Atea No. Slones eileriOl WaD Covering c. oeSCRIBE ADDITION: 5 GroSS Are. SQ. Fl No. Slon.n Q. IS BUILDINGIADOITION: Healed: Yes_ NO_ Cooled: Vec No_ VlII. OESCRIBE AL TERAnON OR RE~AIR WORK OR AOOmON ... ",. < . - , A, - ... -<.~L..~ c)",l 11._ ii,.\'.};", no _II" .L. " -- 1I ~L l:.1\ "'" . .J:fl) . ,on. ;. '.L-.. 1...,';- .' V I~ ^" ,<-.. .;2.:2 1\("/7' ITEM rrE~A iNO.! FE: ! ITE~.. I No,l FEE I 1 1.= I 2.~~1 I 11......__- G.u " E.-.c II~ na:-..O' .~ 141.~SI_CI III i':..:~--":' ,.. (~ ~W"IW~ t.-\}J.Qt:.l 0.- I "'. CWV~SJ'l_1 11"'''''~~f'Ior''..aI'''~ 1:~."."""""5"- i IX. PROPOSED USE OF BUILOING -- 1:"1..-...Oo.I.c.ao,I'ClI''''Cll. . s_.... ~ .........- ~s__ I I I""~'- I I '1' ==.:_~v-....cwa 11:.'wtSlo-_r_1 l......"'-IXO~ ~~;....~~ ,.\J.NJ X. PRESENT USE OF BUILDtNG XL VALUATION (Incluc:M c~.t. ol.lI Labor and M.t.rlaJ)-X 1_ L G~.""'", LICENSED CONTRACTORS OECl..ARATlON I her90Y atllfln lhall am bclH1~7s.e<1; under prOVIStOnS of ChaOl" 9 (commenonq w;eh Seaion 70001 01 OlYtsiOn J oIlh. BusiI'lf!sS ~ ProleS3 ns COOe. <1nd my licens. IS -' fuIIlorce and elleeL :"c..n 0.., r. -, I L. - - . Uc. Hu""" ~ l':l 7(-~ COl. <7 i"-, klU I Co.uact.. "'Cp' {!.j8 x OWNER.BUILDeR DECL,..\AATION I here:oy atlirm tria, I am ellempllrorn Ine ContraC1or's License U,w lor tn.lolIo......nq reason (See. ;0:]1.5. CUSlness.and Prolessions CCCle: Any oty or counly whICh teQuwes a pettrolllO consuuct. aller. amC)fCVe. c:emch!.t1. or r~a" any struc:tUre. pn<lf 10 its issuance. alSO teQulles Ine aOQltCanl tOt' sUCh per......:o~. a SlC}n.e<J Slalementlhat"e IS Ilcenseo OursuanllO Ine Of~s ot Ihe Contrac;'lO('s Ucens. Law 1C.~oltt 9 IcommencltlQ ......11"1 Secuon i0001 01 O,..,.;SH)n 3 ollnq BuSIness and ProfesSIOns COde I or tnal ". oS .zemel Iherelrom and Ihe oasIs lor the aUegecl exemOllon. Any YJOIahon of SectJOn ;031.5 by any acpl.anl:cor a i)ermll suDlt!CIS Ine .aoO\lC3nl :0 a ov" penalty 01 not more Ihan INs hunctred dOllars tS50cn.): o I. oJS own~of 1M OfOQerty. or m'f emoloyees with wages as tnt'lr SOlecompensalion. WtAda :newOnl. iIOd Ine Slt1JClUfe 1$ not ,"lenoN or.orfered lor sale {See. i04-4. Bus,"uS and ProlesSoOnS Coal: The ConlractOt $ LICenS6 Law ODeS oOc ;apply ~ an owner 01 property who budClS Of' Improves :hereon. and wt'lO does sueh war" htmsed or Ihroug" IUs own emptoyees. PfoYJOed thai sUCh .mprovemertrS ate nor ,"1~.c:It'CI or orl'er80 ler ,ale. II, l'IOwever. IhlLbutwlnq Dr Implovemenl IS SOld wll~ one yeal 01 com~ellOft. tt:e o....ner.bullde' w", n3v. tne bUrcen 01 ptOY'Ing Ihal he aid not l)ulld or improve lOt Iha pu~oose 01 saHl.I. D I. as owner Of Ihe prooertY. am exc:lusively conlraCtlnq ....In licensed contraCtors 10 consUUC: :'''le prOject (Sec. 70A4. BUSiness and Pro'essiQns Code: The Conttactor's Licens. Law dOes l"OC i10Cly ::1 an o.....ne'OI orooeny wno UUIICIS or improves Ihll1eot1. and who contracts for sucn prOlects Wllh a ccnuaC:~s) Itcensed ou,suanllo Ine Conua2,Of's License L.aw.). o I am exempt under See. . 9.AP.C. lor this reason 0.11 lit Owner wORKERS' COMPENSATION CECl,,\RATICN 1 hereDy al1ltm Ihall have a cenllicale 01 consenllo self.;nsure. 0( a ce"lfk:all 01 WQr"lters eon-.oen,.:Jon Ins"rance. Of'.il r:e~~ CODY' ". 00' (See. 36~'0. C.:!:. --1~ p""cytll.i.~/.s,::;l-; Com".Y ~fah +1f.-~- ~/ Ce.,'OO cooy" ""'.Dy lum"hed. E,..,.'''''' 0... - 7 - rl"~ ~ Canltled eoPY IS filN ""Iln [he county bUilding It1spectlOn (llpanmenl /^ I . ~. '1 "ILl ,/t<.-1 0.,.:<' r: 1 iC(~ AoPhC3.'). {iLK if N7T/' ; J CERTIFICATE OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE (ThiS secllon nettel nDI t.e comoleted Jf!he perrnrl is lor one hundred dOllars IS100) or 1..,5.) I c:n.l'y Inallt1lne perlo"T'ancs ollne.'oIfIJOril. fOf whk::n tnis permol is issued. I $f\aM nalempkly any person Jl'I an-I manner so 3S 10 b'K;OffIe SUOfecl to the WorkllfS' CompensallOn uws 01 Caltlorn.a. Dal8 A.OOliCant NOTICE TO APPLICANT: U. aner making this C.rtrlical. of Exemotion. you should beCOme ,uO~ to L.~ Wor1u,rs. Comoen33tiOn p,OYl'!itOns of tne Laoof Code. you must lonhwlth com~ Wltn suc.n ptOVlSoOnS or troIS perm" sn:ul Oe oeemed tevOllrtd. CONSTRUCTION lENDING AGeNCY 1 herlOV atllrm lhallher. is a conslruction lending agency IOf the perlormance 01 tne worll; 10( wn>CllhlS ~rfTVl IS l~u8CI (See. :!0'J7. CW. C.). lende,'s Name ll!"der.s ~t.drJl)SS ':, " I cenlfy lnall have rUG Ihls apOIicaliOn and slalethal tne aeov. anlormallOn ts correct. J ac;rH to compry ....lln aU City 3nd county orQtn~nc., and stale laws lelaling to bulkhnq conslluClJOf1. and hereby authOnn reoreSM\I'~""ts of Ihls counry 10 enler upon ~bO..,..mlnbOne:c'.ptoperty lor inSpectIOn purposes. ,\. <:< n /<.-U -r.LIC ..u.'~,'- O.lIe I J T Signallia 01 Applialnl at Agent ~-$:t~~"ii.~t.!,... ,,~ . -1- :l.\TFHL"';'" ~ , ITEM :.,:,"-,,0' -',,:.',,'::';;; '" .'.:JINSPECTOR ....'...',.. ,,' DATE .. FOUNDATION, . UNDERGROUND ELECTRICAL t")l (I f', -I (.,- 8Q... .l,JNDERGROUND PLUMBING '<lERFLOOR PLUMBING 'flOOR HEATING "POR FRAMING . ':, ~R INSULATION "\ , .: , .... I I , TTEM~ I ROUGH ELEe. I ROUGH PLUMBJ ROUGH HEAT I FRAMING I EXT. LATI1 I INSULATION I IoRYWAlL I I INS?ECTOR . "\:J:J:III'I.\s..-; . ~ "" DATE I ITEM I ,,?,ISPECTCR I DA,E IFINALELEC. ,'j."\, (, i 1_7",'.-- I FI~lAL ?l.U"'B, I il, - 1__ I FINAL HEAT I \ ~ -~-z:;-- IGAS TEST Vi I I IFIIlAL In ,<I ( -Z:::-1 c~ IPG&E I I I i I i I ! A .H~Uo\- + 'J.- ...... y " --:?-:.:-.~.-:;;:--::.~~;;;~.--::-_~".w":'~:~'--'. .'. ~~I:l\~t~l~~~&I:;~~:.I~~~::~:).~: .' .U;:~~~l'i::~; ,r .. .. .... ., ,t~; t. '~:.>: . or.: ':...'.:~: : \ . ,. Date JL\I\l q' l q 55 " . . ~'."::,i.~: "~":::, B-~LJ '~r2.,\.....)...C\i ~ 'Cc". t'''l -f-Pi"\r.", -I. '" Descriptio'n o(work - - ~ '..... ~ I \!r .}JA'ct:::.cj:l="Lb-r:- '.l.-~l' QfLGS-\lQ.~(J ~[0rl \"{~Q.'D'.':;' . . ..... ..~ .~.:!!. t.', '.. '. -" ~.: '..' - "... :,:. YoJ''ar~ directed to stop ail work on the above until you have secured a permit and approval of the work which' has'b~en"co'mpleti:d tei' date, Work without a permit is a violation of Section 7-\2.0, Alameda County ." ..... ~...' - . '.. . .. Ordinance code, ,; ~:' :;,-<'::, .,:;.' '.,: . . ;. ~ ..:..... ....; ", .:'~ .. ... ,..... . .' .. ". .' 'To'a~oid ie~ai act~n ple~e apply for a pe~mit for the above.work in 10 days, In order to secure a permit yo'u m~st s~bmit2 ~t~ of pians which are drawn. to scale and which accurately show the work which is proposed. In gener~ t.he f<;>uiwing .w:ill be required:,.: '. ' . , :~?>~:\j.~;~:' >'~ >.\ ,.::,' <;, ' "\h' pl~i ~ia~. J~," ,,,,:: <. ~ ~ keyp!~ ~.:. 0 foundation plan o r~of f~~i~~'~I;;; .:..:....:: '. . ~< 0 exterior elevation views . 0 eI~~~~~t(pi~;'~"", .' '0 ':. ;lu~bing plan 0 m~chanical plan . .'[.r ....!........~,' . 0...' -......,' 10 ......=. .. - o elec~~i~~ 'I~ad ~alc~latio~;:. " 0 single line elec:ricai drawing . . : .~~'. ::' '. . ". "'f", '. .. }. .~ '0:" . . ".. .. ",." . ,0 I PI.an m:~St be'p~epared bya R~gistered Civil Engine:r or Architect. ," ;\" :~':' ".. -. . "':., ",,: ~. .'. . o floor plan ~. o cross section and details o heat loss ~alcs . " ..:- , . ",' . , , . ~ ,Above pl~S to be drawnto i;. ,; to'\, scale, except plot plan may be drawn to suitable scale on minimum of \7'~ to.2}",pal?er,; Se~ att~c~.~d sample plan. o . . . . . .~ ."; "'. '-. .: . .. .:". . 'Other information may be required by the Building Inspection Department at time of plan check. . .' .' . . liS . ':.- . O;h~~t-Xt'5TlN.GD(L(6\.tl ( (-0 lL ~(ilLR.- D 'IN "5'-:::n:c i: LG N. S. . INSPEcrOR'S COMMENTS: -..f"'':'' . , , . Remove covering in the (c) m';i:hanical, (d) insulation, (e) structural may be checked. ,so that (a) elemical, (b) plumbing, C.iL.-CJL \0::..( (.. - U (j o o 'V:rif~ size and de~th;>f existing footing by digging a small inspe~tion hole adjacent to and under the footing: . . ......... o Provide an LC.B.O. number, make and mode! or a U.L. listing number with approved installation in" structions for .to be used. . . ~ " ' O~h~~:~T~U0~~~E '\6 13lL Q\L-"'CUlIIt'D C R.., : .\J6a.1 o..NCff . D DiJ(j rL 0 (::.Cd2. LU l ,"'W ( f\..,] (.\0:\..,.~.q~,r:S (\.{:. \HlS ~GI\C~ .:: :.-:::' :r':. .'l.. ... : '-; '~~:. .-:. ,": . :-: :~'.;.: :~'::' .~.~;:.~: :~ '. (-~. ':'" , } '"" . . . ,.' .:' -;< .: ;~:t .. .. I ~ . t ~ ~ I r J ~ ~ i i ii :; a '. .. . ..;.,../t~~t:~~:i.~~~1~~.;'...~... . ~':',', .:,: ~::-. ~ ..'...---..... . ,_, .. A.-r~0-*Cvt'- ".3 .' . ..,......r., ." ", ,'..' ." '." . :. _.v ....._.~"'.......~..-.............P-.-........ .-:....~~.... ".- . .. ....~ . ..-".......-" "-'-."' .'." .. .' .' CIT~~'b~'DU.",BLI~ ,: ,..../. , , , . . . . ~ .... .: .: '.~: .;'".~' . _:'; ';. .' ~'.:':;'" ) \'.: .-: '.' ~:~.,.~~. '..:;. ..,..; .'. . '.' .:.... .! ~.~".~:" ~:'.:. .' '. Development Services: : .,'.' :': ...... .: . P.O. Box 2340 :''',::'''' ".:,. Dublin, CA 94568 ....:. '. .... January 1~,':.1985 - :n~" \ .......,;' ."-~. . 4 .' PlanninglZonins. 829-4916 . . . Building & Safery S29-CS22 Engimiering/Public Works 829-4916 '-' ..... . ., . . Mr. Ralplh:Hall 11791 Bloomington Dublin, CA 945~8 Way .' "h' " . ~(COPy '. . ~..' ~ RE: ZONING VIOLATIONS AT 11791 BLOOMINGTON WAY On January' 9, 1985, a Stop Work Order was posted at the, above address for an accessory structure. in the required side yard. Yo~r phone call to our office indicated, that the structure' was 7' into the r~ar po'rtion 'of your. ~ot. ' Your required "side yard is' 7 feet of open space on each 'side of your yard .and,the Zoning Ordinance, Section, 8.60.25 (~ee 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-District" -or required side yard. To answer your, statement, 56 feet .is one-half of your lot.' Your side' yard, ' where the str~cture 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 wai '~iso brought to our attention that a mobil unit is being stored in the required side'yard, this is in violation of Section 8-50~33, (see attached) it shall also be removed by Februarv 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 correcti9n nqtice was left. As of this dat~ no reinspection has been called for. Therefore, within 10 davs, an inspection shall be called for to insure that the corrections have been made. If you haveanv auestions, please call me at 329-0822, between the hour.s of 8:~aO -a.m. and 10:00 a.m. . o \ \' \\ u1- W'tt\.l\ Ll~\\L\c,-- ROBERT HHITE BUILDING AND ZONI~G INS?ECTIO~ cf Enclosure : -: A+ ~ MeN\..}- L-f . ---: .:". _'" ":~. ........ ,,,~. :....": ~.....:. _~:--.:.~.~~;:-::':'~~ :~.'-' :''':,:,~ .:;.-:-r-. ~ :-,:": ." ~ '-. - . .',~;~~:?; '~~'.... 1 "' ~ (~ <; ':1 :t ... " :t ~4 ""I. 'l ==-, ~ ::: ~ ~~ J:r. ~,. ~~ mU ~; ~~ <50 oj ji;! ;5. m. .. . ;; ".- ~ .. . '" , :;; ~ ~ - '" ; '" ; 3 ~ <5 ~. ; o r- ~ .. 2. '; -.; .c:. ... c; ~ m ~ !: ~ - :: : a. ::: ;;. ! . ~~ ~.~ .-'] .., .,1 . '. ~ ......,. 3 :;~~ ,~ . . .1 , , ',.~. 'i...J :::.:-.. .... .... .... "' . . ~.,,-..." \'-: . cJt 5ftP/rs' .- ~~t~ CITY OF DUBLiN 'D~velopment Services P.O. Box 2340 Dublin, CA 94568 r Planning/Zoning 829.4916 Building & Safety 829.0822 Engineering/Public Works 829-4916 February 26, 1985 CERTIFIED ~L'\IL Mr. Ralph Hall . 11791 ~loomington 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 o~ Dublin Building Regulations You are requested to appear at the City of Dublin, Buildinc Inspection Department, 6500 Du~lin .Boulevard, Suite'D, on Harch 6'1 1985 at 9:30 a.m. to show cause .why you should not be prosecuted for the above violations. Thank you for your cooperation. #;Pr~-z-,u VICTOR L. TAUGHER BUILDTNG OFFICIAL cf /Q.( CIJPy A++o.-c.J, rY\€..I'\-t 5 i l ~ I'; ~~ i .~ ';-.:0 ..-..,..............,.,..... ....,~.....:.~...:-.- -..'; ... .', '. ~ ... ....._~...-...~..-.-,'.: .....~.r......__.-:......_..""'.:._"~:..: :..~., ." ";" ,". ..-~.".:. ..... .... .-""",:,..':'v...-., CITY OF DUBLIN. ( P.o. Bo)( 2340 Duhlin; CA 94568 I.H5) l\:!9-1/ll1U March 18, 1985 Martin Brown Asst. District Attorney 39 So. Livermore Avenue Livermore, CA 94550 11/ ,., i.., Ii~.__ v(jji f 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 buildin.g 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 reauires 6 feet between the main building and the accessory building~ I ' . In addition a motorhome is being stored in the side yare. in violation of Section 8-60.33. Finally ~ p~rmit was issued for a sprinkler system, deck, spa and exterior lighting on August 10 , 1984. ., On August 16, 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: I. 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. Acce5sory building within 6' of the house - Section 8-60.26 5. Storing a motorhome in the side yard.- Section 8-60.33 .~k~~ VICTOR L. T~HER BUILDING OFFICIAL cf : A +-fa__L)" Yl/t ~,f- (0 . -' . .:;-.,__.~'~'_~_'~-:?,.~~-:::::;,..-;~~.; :~,':.'-,::.~("~~~~T:::':~~-".':~'"~..~. ;~;=:~...~::__:'~:-:~::~~~~~~~.#,... ,_. ~;-": _. :.~ :..:.." ~':.::;~:' ..-_......~.~..-~..-T. - .".. .- .~..-....--:"".~.-:... ,_.. -'~ - .:.....- . Development Services P.O. Box 2340 Dublin: CA 94568 . Engineer' ~lannmgiL.Omng u"':I'~':I10 ..ding & Safety 829.0822 'Public Works '829-4927 September 24, 1985 - 1 Mi:-. 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'acc~.ssory building is a 6' x 8' (48 sq. ft.) 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 aGdi tion, a motorhome is being stored in the required side yard In violation of Section 8-60.33. A Citati9n Hearing was held on Jun~ 13~ 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 mo~orhome nor applied for a Variance. _ APPLIClI.BLE CODE. 'SECTIONS : Section 8-60.33, of the General Require~ents provides that ~very 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 recuires that no R District shall occupy the front half A+-+cu--h.~ 7 , -.-..; ~. . '.:~-:.~;.-"""'~~'~:~~ ':". "":'" ....- .... '. . '''~ ""'L.:';:.~.'.'!t;::,.::=-.~;:~~'":-,,::~:.,.M'~.--:... ""', -. , . . ..:-- - ,.- . . -:." : ~- ," ~~.~., -~_.~....;..,- ~.. _.~. ._-.......~ _.... ..._~~ ....-. - .. . ..,. .-' .. "." '. (; (-' \ Mr " Martin Brown September 24, 1985 Page 2 , I Section 8-60.26 of the General' Requirements requires that no detached accessory building in any R District shall be located wi thin six .feet of any other buildipg on the same lot (EXHIBIT E) . 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 ~ny provisions of the Zoning Ordinance is a misdemeanor (EXHIBIT H). It is requested that you proceed with the preparation of a criminal complaint. y/'f _ 7 . CI . Attachments: ~ Exhibits A, B, C, D, E, F, G, H, 'Photographs cc: Z-:"85-l :. ~ . '. .... '.. .,..- - ..:' :":~::::::,2';::;::.:~'"'' ',~..~:;:-::,.:. :::~;;.~::;::;;.:.;~;;;';~;:;::~~::~:.2~r--;:~':'.::.,-~::;:::.~;~.;,~.:~::;':~:;.~<~.:~:,;,:~.."~..- ....., ......:.-. .: CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT .. Meeting Date: September 15, 1986 SUBJECT : Planning Commission jPlanning Sta~f t^{}.~ f:r \I' EA 86-026 Hall-Fr~ser Variance, 11791 Bloomington Wave 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.O. Box 511 .--- Li vermore, CA -g4550 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 SURROUND-ING_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 (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. ~ AlTA C"5i\~t~l......i' ~ .,., '~ "Hg.~; ~l Irf < , . iff '" -'>0 f4 !l ,., . .llIlh_a . .--;".- . , ..' '-'"< 'olr:,"1.~;"" .?;.~t>.. .' .-.'.:.~:~-:::.'.- "~;~~~{"?~~rij~f?~t~~r~1~~~:?/'-:~ "', ( a) That there a ~ special circumstances includin~ size, shape, topography, cation or surroundings, applica ~ 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 REVIBv: 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 a~d 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 (ae 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 ff 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 Zon1pg 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- ,.,.:.:.~':.:\~~'":.'.'~;?;f';;:i: -;':;.;;';;'\;~~f~~!{{~~~~:~~~~f~~~~~~~r -~~~~i~i~7'?~L;li~{S~>"-.ri-..~ : The sideyard in wt ~ the shed is located is 14 fee~ -~de. The required sideyard setback for the wain structure on this lot is 7 ~_~t. The following is a summary of the pertinent zoning set~ack requirements for accessory st~uctures 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 ~omply with Building and Fire Code regulations. In orde~ 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 co~enced, 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 w~th other lots within the immediate vicinity and zone. The lot is consistent with the ~ledian Lot Are~ (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 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- "'~.~:,,~~,y~~~'~ ~~;.'~~~~f1~1:-~&E~~J~; ~\ r. ',';;':"11.: :)"t:{'lf~:.~,:;;-Ji';~'t:'\.~'~:.i'j".~':t."ll.:~ ,..~":""",<~".,,,,,",,':.t.., ,;ti "":l8;;ft't~1. , ,~[4Wi~Ifit~:?:~)F:r;HU~'?~~;2~L:'"--"', B., ( That the granting special privilege properties in the ( ..f the application will not const...cute a grant of ,nconsistent with the limitatiol lpon other 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 meetche 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, .. wnich would not result in the need for any Variance recommendation. RECOHMENDATION: FOR.11A T: 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- ~r~&tj~f~~'(~';.tS~#~~j~.'c..'::: ATIACHMENT: Exhibit A: Resolution of Denial Back~round 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 r.. \tt~~~' ------------------------------------------------ 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 sub~itted 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 t~e .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 respec:~.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- ~r::.' ... :~~~ ~~ A tj\f~~~~ ~ f-1~ tb -C21-./ . .:....: ..;. ....... .' ::}1.~~~fr~f~Jr~~~jfiTElj.}7-s.~::~'~ .:::~~>..~I~YiSJ~~;S~.:;}i:'~~T::;-~:\~.~~~i~~l (-, ( C) The granti' of this Variance application wi-- be detrimental to persons or ~~operty in the neighborhood or t~ 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 ~ommission Planning Director "'- -2- ..,'h:' ;_,".. :''-',;:::~~~r:}~x::;'..:~(~~~~~.';~~~~~~!j1t.lg:f:f~~~~~~s.~if:;~f:t.::.:~~;}~:.:" ~..:r:",:~:~~~~",:. . ~_;'-,', .:: '~_~~i.~~..~ ( . ( ~.': ::.'::~': -:':;.;'-').-':'~..~'-- . ... - -... -";'. .. . - :-.,,-.;,:.~..... .::.-:......~.~~~:... .~:..~.;.. ".. .:. ':..-.". .:.;' ::,:.-.:.." -" '.~ " ./.. . ,.._..,A,,~ _.. . . .' ..' .0 . . ~..~,~.~.~~.;:;,::..,.:~,; . _::~"~~i>~:...: ," , . . . ':'~;'~ef>1~l~~ltt&[?l~l(~~~~tl1J!';!ff;%i; a...... . . .._-.. ... ...,..... . ..-......... ....~.._... . .. . - .. . .-_.~_... -' .... ... -~:'.:'.'.' ;,' .~:~~.;~. .~_:.~.....i~:..::..-.. ..~.-::.:.:..::-: :...~. ....... ,._.: .....~~:.. ~:~..:.-.. .......... _.~-. . 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'xlO' 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 '.~.R 2?" 1986: A IT ACHMEf.H GIJ , P/TBb---DU fiD/t . ;:: ':~.:.'. :~:-:~:. ~". ~. . ~ '~?::~'.;?~~~]..;~;~:' , ( ..( _. ..... _~ ._.._. ._.... ...._ _ ...... n .".< __........ ..... _.........-'__....._ "..... '" 4'_0 .. C". \J ,(j-', "0"'- 4 ~ VARNI, FRASER. HARTWELL, McNICHOLS & RODGERS A ,.A".TN1tlltSHI" .NCL"UOINO JII,.O,.c.sSIOH"'L. C:O " fI'O""""'O "5 ..I.....U!:s I. n:un:." K~ITM :S. ,"""SC,.. ..rO...... S"...,.,.TWCI.L.. ~O..CNC "CLL.Y-HOu..s5Tlt.. ...",,,TIN vw. INOc....e..r.z:c,N OAVIO ,.. LoA" ,~""","'N .O.......C \.CWN..,H .TC,....C... L..It.MGN'CHOL.S..J". UO...CL. A."COGe,.:s.."... .IItIA'" o. :seiBeL ANTHON'" !:l.VA""'J i '. . 2109 FOURTH STREET P. O. SOX ~II . LIVERMORE, CALIFORNIA 9-4~~0 (-41~1 447-1222 MATWAltO O,."C& 227ft MAl" STJltc.CT ,.. O. .OX .70 HATWAltO. CAU'OA....... ~ "".st ...,-sooo April 30, 1986 aov.HO COUNTY o,,,c~ ..... TEJrIHC:SSCC :sT"crr VAI..LGJO.CAurOFlNlA g...&O:SlO Don 662...t~ .... ~..orc.s.IO"Io"" co"fI'O..""noM RECEIVED. :. ...'r 1 '\986: ~S....TO" o,,,CE ez "'CST "~L. STReET JIl'\...EA.SA...TDH.CAurOFlNIA A....:sao """I 440-.0Z5 DUBLIN PLANNING: "C~T TO: Livermore ""c 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 drawn and fully'dimensioned, S;.l..c _l.._ plan accurately Findings: a) Special circumstances. (1 ) of setback: Applicant had no knowledge of the re~uirement (2) Before construction of said structure was com- menced ~ 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 gy 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 or spec~al privilege in that: (1) Said structure was constructed without any knowledge of the law and without wilful disregarc of the zoninq laws. All ACHMEN1~_ 'PVJG -02~ (;, . . ~__.......... I:.. -~ - - . ..,. .. .'>;~l;fl~i0:ft'(i:.\;;:;i';n;i0i"~1~"'t~~~~~,~t~l~;j:/t:: ( {, ..r ." , @\ @~ ~. '. ...., " :~i -:;:.:;:' .... Ms. Maureen OtHa11o~an Page 2 April 30, 1986 , ' (2) The structure was substantially comolete prior to applicant's awareness of the illegality. There remains adequate sideyard access for fire and safety. (3) Since the structure had been complet~d, 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 astheticallv pleasing and not a detriment to the neighborhood. - VARNI, Very truly yours, FR~SE(t;;, T LL', McNICHOLS ,I . . . 5"a~~ / KEITH S. FRASER & RODGERS ' KSF:br Enclosures "- - _...-----~._.---~--.-:---- . ------. "," ; 'I. . "..". -, ." . .,' .-. :..., ~ ~-:.:~,,,:,+~,:~?~~.;,~~\:,:-_~.~~~~~~;:;:;'~!;f~::!~~'~ ',', :~, - ~Io "';1:"":'~-""" "......_~::,..~t~:l."t~.:,t~.:.."t1t.i.::>'~;....!i~~r.:' , ',"'::;'!.':;,i'r~f;'":"'1~;;.z.:";~i?;;,~}~f~i#:,,-,' -' -~-;. : ''''Y''Z,~,-';2: -:~ ;'1".-;,.._ ".'1 :: "'--. - ...--.-......-... . ~ ~ ~ ~ ... \ ~ o \ 0 \O~ , 0 \ ! r ! ~-ro \ I C"1'..I)tI \ .'d o -t.,' i:l<L------ ~.. ,- I , i \';1 ;V c: '" _.- m ~ -~.. Z ;;;c 0 I ~:l -0 m ,.,. '- - :::- z <.D -< ,. .oar: Z = "i~~~. Z en m ::;) 0 , ' .,::::;. ~ ( ( , .._-~_.. ,. ., AfT ..&&. . .,. ..__ I . (:) . 0 )f! 0 .._~--- o 0 0 ~.... 0 0 1 . . G:I oj):' . . _ -'. _ ._.~ID~~~;j '.. /---"'" (;:) . ,_ _. -. ,.';1;;;p<P- .. /" '\ '" 0 o 0 0 0." .:/ . %. \: I *""" : ;:,,:-.:.-;:::,iP '. ~/ \", '0 I .: C\ ~ ~ ~~"'e;~ .~ ~ u~.,) I I - _n__' (-' I 0000000<:=:10'1 __.1:_. . I ,.. '"b........' I . - ~" 1I.,'"..:a.. ;1...,..".6.. t .- I .. pucpl6 .....::1- A 1 ~lU~~.VC~ AI.:-:"''- &:lie. I I ~ :-"'j..... o I'I~;":': o W 0 '0 01iJ 11':1 \ · -~--1-~ .. /'" "'-"'- \ ,/ ..- i 0 \ "'\ . tll 0- . r ~, r ~->.-, J '. . 'r .=........a:J' f.'.I..- ~:. r '-'1:"'" ~,~~ .........~- ~___o-.......... -.: . .....-....... . r;;:::-l ,,: L:::...J 0 . _...~ "- I I I I L I t;J 13 Gii IJII'" ..: -- 1.~1._...LJ-11 '1 I 'i-~.- , :1=.-'. ,A TJACHMENIl fAg~-oUo lnq/ l1lO;1\1il\S''\''1"\ ~ . :: :":~ /.:.. ::~ . ':./:~.~."~ ..::'..:.".. . .' ~~. :.~.~.... ..:-:.~:-..:... .;:".. .;;. : .~. ~~.':.'.~ ~.: ~:...~:" "~'.~~ ..' '.'?F;7fW'~~1~~~:ii,~~!;,; .,.... ". ,.'......-. . . . ~""""o" ..~... .....- .~..... . ...... ' .' . 0.. .,.._ ..~.:.... , , 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 l'!r. Ralph Hall 11791 Bloomington Way Dublin, CA 94568 FILE I1[jD V , 11 l , RE: ZONING VIOLATIONS AT 11791 BLOOMINGTON WAY On January 9, 1985, a Stop Nork Order adcress for an accessory structure .in Your ohone call to our office indicated into the rear portion of your lot. \.las the that posted at the above requirec sice yard. the struc~~ra was 7' Your recuired side yard is 7 feet of open space on each side of your yard and the Zoning Orcinance, Section 8.60.26 (see attached) states, in part, that no accessory s\:ruc\:ure shall be con~tructed within 6 feet of any building, o~ within the front- half of any lot in a R-District, or required sice yard. To ans'....er your statement,' 56 feet is one-half of your lot. Your sica yard, where the struct.ure is being built, is l.:l feet in wict.h. Therefore, with thl~ 7 feet requirec. side yard and the 6 foot from any building requirement, the accessory structure shall be re~oved by February 15, 1935, or moved to the rear portion of your lot. It wai .~lso brought to our attention t~at a mobil unit is beinc sto~eG In the required side yare, this is in violation of Sectio~ 8-60.33, (see attached) it shall also be rE:::1ovec oy February 15, 1985. On August 10, 1984, a builcing perillit was issued for a s~rinkle~ system, deck, s?a and exterior lighting. On August 16, iS84, an i;s?ection was made and a correction notice was left.. As of th'c ' date no reins?ection has been called tor. Therefore, withi~ dc.ys, an ins?ection shall be ca11ed- fo~ to i:1su=e that t:.e cor=ections have been made. If you hc.ve any questions, please' call me the hou~s of 8:00 a.m. and 10:00 a.m. -'- c,_ 329-0322, bet!,,-ee:l 0~} \- \\J \ # o. , ....,. c: t,L Lt,l l,- J oj: '-- .::. E03E?~T ~..]HI'l'E :JrJ:;::'OE1G A~!D Z0~.;~;..lG I~.!S:>EC7I':J:'; EnclOSuJ~'= A TI ACHMENT ~~.,~:, . 4/:-J?f '-'" 't.;,,:. ~-..;;?:>.'. --~~ c: . . ....~ -7Gi~f{:~~~t?g~:3'=:~~~~~S~jrff5;~~~?J.~sc}~;;c~2;~l'i..'.2~;W:~~/'[:i~~%;Jr3:,~Ef"~~}l~~~r~~"tr)..'."- ( ( I, '"" \ \ >' ..\ \ " 9 8-60.32 ACCESSORY STRUGIURE~: IN RL~ Y~~. Except as other~ise provided in Section 8-60.29 for'a stable, detached Accessory Buildings in an R District m~y occupy up to a maxiQu~ of thirty per cent of the area of a required rear yard, provided that the m~~imu~ 307. coverage provision shall not apply to private s~i~ing pools. " (~ended by sec. 4, Ord. 68-33) ," : ~ . . . . .. .. .1. . -.- 9 8-60.33 Y.~ REGULATIONS~ In orde~ to secure minL~uc'basic pro- '-,-yision for light, air, privacy and safety from fire ha=a-:ds, it'is :.: , required that every building hereafter, const:r~cted shall be u'pon':a -.; ~.~~" ,,' .. Building Site of dimensions 'such as to provide for"~'he-y'a'rds":'::-:-':'~"'~,::'~'" specified for the District in ~hich the lot is 'located, and th~'follow~' ing sections shall apply and cont-::ol. Everysuc~ ~ard shall ,be open. ' and unobstructed f-:-o=: the ground up~ard,',except"as othe:-~ise"pr;videc--:J~":,,-, fo::- Accessory Builcings in Sections 8-60.27,.8-60.31 and 8-'60.32, 'for .' ~ . fences in Section 8-60.,53 and fo.r other buildings':in'Section 8-60.37 and for signs a~ regulated by se~ti~~ 8-60.65-and ~ect~~ri..~:6~.59_(b). .. No r!obilehome,Rec=eational Vehicle, utiU,ty ,t-::aile~;',ur,i\(:iunted ~'=oe-:- ,tOp or'boat shil: b~,stored in the F~ont 1.~rd,~~ ~~::e~~~-:::4.,~i~~',~";,.: " 'Jard in any.It D1.:,tnct'. - " : .::,-;~ -,::..:,-,,:~. ., ' .. .J ., '... .. .. by' sec.' 5, 'O-:c.' 68-~3j (~~eneed by sec. 11, Ore. 68-27j a~enaea a~ended by sec. 4, Ore. 69-93) , :."" ~_ i"..:: .. " \ )) '\ , (, 9 8-60,3L y,;..RDS: DI~r=~SIO:)l s. E-:e.-::y f-::ont ya~d shall have a ceo th eGual , to 0: g:eate~ t~an that re~ui-::ec fc::- :h:,Dist-::ict"e~c shal~ e~~e~d'across "t:.e full lOidth of the front of the Eu::.lc.::.ng Site. ,E'le=-i Rea-:: Ya-::d shall have a de?ch equal to or g-::eace: than that resui-::ed for t:,e Dist-::ict a~d shall extend across the full lOicth of t~e rea-:: of the Buildir'.g .Si::e. Every Side Ya-::ci shall have a width -ecual to 0::- g-::eate-:: than th~t.,~equi::-ed for t~e Dist-::ict and shall exte::d 'along ~he side Let Line f-::o~ cae front Lot Line to t~e rear Lot Line. ' 8-60,35 _ y: :uS: 1-SASu"'E:!S~T: ICA? f.~m SInE 1.nrr:S. The measure!::e:".:: c: the r~qui"~d depth of a Rear Ya:~ 0= the required width of an i~te:ic= side' yare shall be horizor:tal and ir'...;a-:-d f-::c.:l the Lot Line at a right angle, ~ne~e the side Lot Li~es co~ve-::ge, or nea-::ly converge, a li~e I tan (10) feet long lOithin the lot, parallel to the front Lot Li~e anc at a ;:;!a:o:L-:l.U!n distance therafro=: shall be dee~ec; to be the r'ea::: Lot Li~e fa::: the pur?oses cf this se~tion, J_ I 5 9 8-60, 36 Y,~.R!)S: ~"\Su"'E~c-lT: F?,Ci-r Llm:, The ::.easu-::e::.ent of the reo::'~ired deoth of a Front Yard, or the re~ui::-ed ~idth of the s::-::eet side va~d of' a Cor~erLot, shall be ho-::i=or:tal and inlOard f-::~ the st-::eet Lo~ Line at a right ~~;lej provided, ~o~ave-:-, t~at,whe::-e any official right-of-way line, or any Futu-::e width Line pursuant to Section 8-80,0, t-::av~rses the building sice, t~e measu-::e!::ent here s?eti:ie~ stall be taken frco such right-c:-lOay line, ~uc~ Fut~:::e width Line 0-:: f-::c= the street Lot Line, lOhichever produces the lesser ya::-d, Th-::cugh Locs have t~o f-::~~~ Loc Li~es, f:co each of ~hich a Front Yard shall be ...,e.asured. '" l. " \ " "..0, " ~ ~"~~~'?<~.;~~~~~;5~ :~~ ( ,....; -...... ".. ~, -~~(:. '.::.:':-.~,:;Jj~~~~:;~:U',;:]:tt:~rt~~~t~:~:;j":, ',"~:" ...,'.., .' .. ::~J -:c1u!.,' (.j..:;: h 'I~r... . !):1_-,10 ,,~~",::l'-Sl.~ "". .[.I.!i.~" -:S.I, '..=: i'I....:,.._....!f~~,-.. .~"'.::....a =.8r .C~-a - ,v .: .~='~~,~;3~~i{:~\;~rl~.~y~(t~~~~O~~81 !;f::~:t~;;~~:~~~..~::~.;,< :..... ": . .. " .... ..' ~ ._.. . ,. I..".. .".. ....r~ . f) _' ",' -"., . r' r ..1 ct-rical' ,-'::.':.'\:iistu ..- ce' p"eiceptibl~'lat ~i-_~~yona':"t)le lot ').ines';'.. j1~ .1:,:;"" :- . I:J"An''';ts~';''o -. 'r~-Fio-';"t 'Yard"~rt Sidey'a.r~"f~lfl"iC;-:sti-i'1~'h'b""l!~ .. re'''ai;'''~r' g) ..... .1,..... ....,..:: .., """'':' "r ...t;-'~ ~.'''''' 10 .",n'"'' .... .. '"l' P" . '''dismantling or ,t use in the aggregate of ~an oar greater 'than one- '(L) . h' ...' . h' n.. lli .....".i...~~. ... ..- -~........ - . . ..fourth.... of t e area. t e !",:,e ng Un t. ..;:."~::,'^::i.;.7'~":'7f": :.' ........ ~ .,. . , ." .,'," ..._' -'I' - ...~...... ,_.. ..-_~.. <'- . .-..-' ..... '.. . ," I , h) .:..~:.Any:sign 'o.ther.:tp.anq'the.na la.te.1pe ,ed~1n~thEtDistrict':"":O"{\B'c:.... . ..:..:~~~l ~.~ .'_'_ -' ..___,,____ .,,_,.... _ '.' __._ .~....__..._.. ..,~" ..,d. . .,'. . ,": . .: i) :;:;'~::'L~~~~;t.s~.:.Ef~..~_.P!l}:?~~Ec7.hc:..~"a~=~~E ~. ~,""~~~..s:'f.~~~~~~~~E7_'~f.~~_c_~,:..r~ising " . ":'.;:?.::'.~ ". '. . ::': ::": .i~:.~.i.~:.~c:: .=,~.~e~'0_La~~~~,f,a7=~.:or. _,:3:_~/:.~.,..~."..e ~t.e!-~hi~.fE!-:~~~C~!lg;~n:u~_~~..'- ':,. :;.:.:;~::.:.V~.j _ '.: ',: '::," ...::f:!';: or...~"\l~~g_~.~__~<:n.,as.s.e ...... ~...c~':~;;:t~~~~~A:;..~.~.. .t".;~;t2).;.p':1Pil:; .j::;'i:;';I;"'~:~'-)~ ;'~~2::}:':~.f j__:< '~;:'~" ~..:j) 5;?~The 'repair';''''servi ~ ,"':paJ..nting '.or.;Aisma.ntling~o 'tor"vehicles or ':;::':.;~<~;~~.::.,.;...::::\ .";;' .:,':.,....,>'." ,,':0:":"':." .,~" ,...... ~. "..' ..... n. .,........,-..... .y.............-"-._""'.....""~=~l~ ;~".~._,..... .,......:..~;..r!,..!'-::.:='--~i:::...-:O;: :":-' .,...:::.:.~.._..;::~._,;~-::~, of :electrica efrigerators, -,"\lashers "d:ryoers ;';,or'~other. sehold ,applianc'es' ..;..:::!",~ ::.: .;.:";"~',: F:;.k)...~~.'{Th~.,i-..eii ..' of '~r'c;om.s "and ;:the ~pi-.ovidin~of:table'-:b""o~r(C:f;i..m .. -"than 'four ':;':i:"::;':~~~ '. :,._, ,::. :,.:"~... . ..... .' '" ....:_. r"..'.. :.,..._..._...,~'.._'__;....r. ~ ~ . .u";.;;;l.:~-;-';-_.~ . . ..: :~/ <:;-.:,i:;,,;(4 rsons;;~6r :-if. Ucensed ,by :the,:~tai:e~pepart::le:ltTof;Mental.Hyg... 'e 'for-:!:~~~:::.~~~;j :: ,':.:~J)f2:~;~"P";f~';~~~~;:i'~~~;~~~ri1.ii~~i~ir;;~~i;i~~~:~t':",~Wfj~ .' (Amended by sec. 10, Ord. 68-27) . '.' . .. "': '~'. .,: ~:':'.-'-":'~"~:'"-{..':'~~ ,-'o:'~:::": :.., 'c' .'.;,::_'~" . .-;.' . ..... ....... ~ .- .. . .l\:)~H'~:"- it':: :leU 'f:it.<Ji!.=-=::A_r:s. .'=:;~::::a-," .::::r,~' .la.~,;''':'.,<22;j'.Y:~('-G.e2:;:J.~ '.:~:():; ~Cc..5 '<':~ ..:'.. :,;;'.J: '.' .:' _. ::.:. .... . .. . J ..... ;.- ::. ::O:'...,;.J.. ...-,;~".. ,'-.'. '-;. . ......~ ~:;;:;c "!.;:.i:'~:,,:'.:''!.'i-::i ':~=;:':;;;:=.;"=,'';''~..;.,,;;..,, .', .' ",;'.'; t: :. . ~'. ':'. : ',:'\ ~ :. >.~:~.9 ,P~:'~f.-,~c~,~,S~~!. ~~?S'::~'~'Cd~~~9,~ALi' ~ ';}'7;~~:f~~~~!:~.HJ:.t~e.7):::.:~h:j-re~ses fo~ ::.\.:;.;j ~. ~:=~ the ':use ~o'f ,the '1~c:~;-:pa?:~s. i1~. . l~~..,n~pay ,?:g. ~;.:;~~_~r.,~_ P~~r:n~~t~.~d, .......~7n -: q'7!'Ufied as .:~:~': ~<~':. ..~ '_:'. "Accessory Uses in any Distri~ t. '}~~'iate s"\limming pools 'shall 'be -resrulated as ...;. .;;.) . ':~-:'A .". ... . !'S" -.:>" ':,., .,~~J.,~:~...::.~,__,-,~:~.~<;,...:~~;:c,:,v~","'J<s,';)G':'~"'I;:"i:;-2.;..--='':;~'::'"'' '. '. -'-."f'j . '.' ccessory ,t~uct:u..es.....~<.",..,..... }',-!,,'''-,.:,.;,l'' """;-R,>";' :;",l ::.""'.,,' ~::.> '_.... . . -., .r ,. ._. :. ..._.... ._ ~".__.... ~.,.. ....'__ ._~_ \'_.'. ..J..:-.-.....:),~i!..r.., '?...'!:03___::.~G" ,~.~!: . .:c; :(~~~"<;;I~~~t~f~1tt!~1:l;~~;;; .'~:~ti;~i5~{~~it~~~~~:~~;C:,:: . " ~ 8-60.24 ACCESSORY USr:S:" LIVr:STOC:<.' In any'R Pistric't \.-nere r ~~~. A~c~~sor] Use is the maint.aining of one or more horses or,;'c(J\Os;' any outdoor s::ace used by the same shall be in a fenced area located end.i-'21y' ou--the-rear'''r..aii of t.he'Lot no ~ . _ . .' a.. ' "part"of .:hich'J.S ~-ithin 'fifteen'(15) feet of:the"LotiLine::nor.forty.(40) fp.et . \.____......__~_..-~.-.-~.,.....t:i~ .'. . .. . '" from any ~elling... ~...:.."..J-':_ .'. ',:"-~ ,.,.~ :'.~.. ..~.~o,.~C:r.,~:a~E.~:)r.. 'h-::;: n~J '" ." ,.~::.. ',,; _"~';'~. ?"l.~.-:'!;:,..r:.=~~:!..,:;::~:; .:'\:;::.;.~-,~:?~~~~;:.f:.~~~]:~t~:.:.~~.;.~~.~:J~...::.:~~:~~:~,:... . ." ~ (Repeale~ ~y Sec. .1, Ord. 75.29) .. .: ';. -:_..:...~:.::._-r.:~",~,:.~~~,~E:~,.,,:.-o.,c-~~~-"~q ""~" . .' -,." , :,: _;.,' '.. ,- :::. '. ;'..:::;:.._, . ':," "':'. ':: .:,i'~~~.:>.,,.:;.:: ~'F~::-':7-7[.'i'~::-:;':~::.:7;~:":' .~c;.;' " .-:.. , ":-:: };~:\ 8-60.25 - AC{:ES SORY USES: ., PETS, . LI'TESTOC:</ BEES"; ~ciOT'iC";fiD!..~'s'~~~~ihe".'k~~?i~g' .:: ~::;. I ,.of pets, livestock, ):lees. and ..e::~ti;c, ~;1~::-:~:. "~~':=t:...h.iSi?-.'-~.)e:?}t. has'''~~e!l obtai:1.ed - '., ~~:';:'.~ ,in acc;.ordance. ...ith _app~i<:~~le .!..egul~::i~~s.ca~.:u~:...::,~,~~e~;':?~'~~d}~t::.?n. ~t?' '.~~c:'.~e _. :_.;"., ;-::..;'~~~;ti an;~ 1 s other..dse per.nitted by this Chapter. s,'r~;.'~""'~"':-"~;;-:~'::'-'~' ;;:,:_"..1:.-:'..: :'" ,-.,,;:, :.'~ . ", .,'::,~::?-'.. , .~ ".:'~"':::":<." .:.... ~'. ':..:':~~~':, ...>~;..,) ~:,-;;'~~;::~p'::r:~t:\:~'~.~.~l~~l~.;~:?='~',:'~':""",':i:",-,,-,,:..::~:t~:~ (Original repealed by .se~:. :.~.' ..~rd:.,~:-:p;. ..A;n.e~de~.,-by:'~e~.':2, ,.ora :'::75-29) : ':.':,~":,,;' .',..., . ';",,;;:':;':J.~ '. ':);:",: .:D: ~;t~ :~::Zi: '~'/l}::-='!X'}'.:'~~':~ ;':i't::..?}:,.,:c~"s. j .!'::. ~t ~:'i1;~~~Di~;;~~1?::?"~:~;::~~~;:::'SS~~'::-':;'; :~::.; -:: c,:-/;:::.i:..:.:,~~~~~: 6 .', 8-'60':' i'SA' :":Ai:cES'SORY~Sr:S':' ~~EXO~IC .'AND'_~S. \....~: Ex~ t~<~ <~:~\~..,{.~.or.~~..h{.~?}~pe~it'>-~~:":::::~':"~~~~~}~ , has 'been "obtained in accordance "\lith Article }.~of..Sha?tar;:3;.:Title. 3 'of :'. '.... ~;.';':'2:;.:. the Alameda c~urity Ordinance Code:.:are ..pe~~~t~~=~;:.!}~,~~~i~n.~,-t..o.:.t.h?.s.~ ,~ni-:..,., .::'!:~',:';,! mals otherwise per;;J.itted by t.his Chaoter. ,:""~,-,,,,:,;-,:,:/,:';:"'~:"";~~;l;'-"".:' .. . .. ,. _: . . ': ",'':i' :::;,~.(,~f, ~:2~'g:':~:J~ -~~ ~ ~ \;'h ~ : .' . C.,) , '(' ,'" . " .;,.. ,'; -".:) 9 " ,",:,"", (Based on s~c. 2, Ord. 72-16; repealed by Sec. 1,'Ord. 75-29) ....."; .1"\.' ';".1 .... ."".::.-_:--:: "r'~- '!;~~ _......:.... .,. .-_._... ",-:,'_ _.~I:.:;. :.... ....oJ "too .a. .....1... 8-60.26 ACCESSORY BUILDINGS. Every Accessor] Bui1di~i ~ttachec to a Main Building shall be subject to all the require?ents of this cha?ter applicable to the Main Buildi~g.. No detached Accesso~J Buildir.g i~ an R District shall be located "\l~th~n six.S6) feet of any other Buildi~g on the same Lot, or have more ,than one Stor7or:3 Eei6ht"i=-. ex::ess of fifteeri'(15) feet. ..'~' .....,.-" .....~~.....~.~'~~...... ..-...-.. -. . :;c-_~.~,.~~;;d'ia~'X..l1'iiitJrnlio'~'~-' .?-. ~:-:::""~.=:!S~UMc:~~~-"~ ~~ ~ t;':,'~"~wil!l~~"'b''''''''''~~'~': f."~~..,;.~Iq,;..;.,r:'.w~~~~~~~i1:-'':'''' r~..___--""'- T~..r:.;.~--.... ... -- . .;. ( : - .....-.- .,,.,.._I.l~_ . ~._...~.' _1.- , f " .' :::rgt~:.. ::;~ ~~:>~~.,:t:' \'~bV~~~1~:'; . . ~"< ,C;:~Ww,-:'{".r.(lr.'E~~"""~'~~. - -h.-t:"';:~~:~';".'..~"'';~4~~~'~~~1t~'~~t$Vi~~~~~l~.~-{-;~:!:1'..:~_.:,;-,;.>.!:~~~,,:~"W:~;..~,~.~~.....~.,- iT ';/;~C';:;:;''.':.:0~:(~.'';;'i;.~~"'' ~....,_..._~Q;lj,'l.. ,:,,;r;.i',;!~';i':E;:: }~.".' ... ;'.:.;~ :;')'1;!:&8:f." F'.:~ ..-.~.:t~~~L~~';~~~?551?;:~'~:::". ' " '. .. 0 ., .., 0 '. " - ,. - - -- ,- - - '- a ~ ~ n ) .,... > - " M r '-~ .. M , .;"...; - . ..:.: , "'-, ':f.": '," '- ';:. -. .' ..;.1.- -.. "';..v. -. " .;..~ " ~ : r- . 0 ~. ~ 1 .' --,- , > . ~ ~~: ~ .... -. ~ ~ 0 ..~ < - M .'. a c ~- ~ I .~ .,. ,. ...:.: ~.~ );:" ," '''; . , ........, r". "'"' I f...- a 0 ~ , > > :q ~ ~ " 2 a '! \ (:'" '::1. \ ' ".1 \ I \ . \ ! \ . I \ ! . I . . .. . . ' , '. ,\1 ii .. P . I I! I " ! n .. ,. ." II'! , ,. I ., ; j:: i r!: ill! Ii} if! ~ i ~: I:' ! ~ . . . , .. ~. 0"... . .','.- . ...... ": .. -.,' 0- o " ;. . r.: ~;~ " f', .......,- o' " ;t _... ~,...'; ': : I ., : , I , ., .......... " , " ! \ .~ '. \ \. " \ " " , ,.......... .. '. . ~- ---= ----.---- r r:-' ( !' "" ~ J --'''-''- ~ I: ,) . ,- \ ' \'- fJ/J: (/~ 4. (, \ ' ; ,,~ .' , I I.. i :", 0' , I - : '" =-\ .- ~'..... "f:..J 1 \ \ '"\ . e-..-~ \ ~ '\ \ i ! , . , r , ; I I .\ r . \ l~\ 1 ~:~ .?';;;-;=::;'7=\~':;:;;~~-~;i ~.-!' I 0"-' !l:' f t ' _:. - iE: I . ... ~....., :j" , '.2:J . ! ~~~ H::..~'", :! '\to "- .' ~/ - - ------i~~-t{~ L" ,: , . ii:" ,i' t' ;----0.--..'. ---.':;-e--b:- . r tt' , ro-, ~ ~ I l i ~ $ ~, ( -.... I/! ;....~: i. i ( \ '- \, , ..0 ~.. ~ o. .. _0: ;1 ., ; ~ 1 ~ : ~ , .' :-..- '~ ~' ""0\ . " \"'. ~ )..-.... . \ ,- \ ( ,,'" 'L\ ; . i' .j' n ,. ""----': ;V ;i I L i i ! .- ~ '. i ! i '-. i ' ...-r./ .......,--.e :..--'" .....' . .-- -- --'"'J- .. ~ v\ - ~\ NO{z'1"1f WC?/ 7oR.-nON of" L,!.,,>J"t:tSe-A'"?[" ?LAIJ 010 fILE \)J1'1H "BlJIL1)/I'0~ WePi. A IT ACHMBtT ~ yp.. 8~- 62~ Il, q I "B\oon--.:~ ( .r.-- RESOLUTION NO. 4-86 A RESOLUTION OF THE DUBLlli ZONING ADMINISTRATOR DENYING PA 8&-;.026 HALL-FRASER VARIANCE REQUEST . TOO ALLOW AN ACCESSORY STRUCTURE IN A REQUIRED YARD AREA : "WHEREAS, Keith Fraser has filed an application on behalf of Ralph Hall for a V~riance from Sections 8-60.26 and 8-60.27 of the City1s Zoning Ordinance to allow a small accessory structure (shed) in a required yard area at 11791 Bloomington Way; and ~S, 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 0 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, topogr~phy, 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 _ o_i.dentical zoning classification: B) oThe 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 sidevard area and the rearyard area) for the relocation or the shed,' said relocation would not necessitate a Variance request. Additionally, the granting of this V&riance request w~ll constitute a special privilege in th~~ other,properties in the zone must maintain the required setbacks unless finding oa) 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 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 DistrictsO(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. 7nn1na Artm;n;~~T~~nr 0'/ilCl{( ^ ~ 94~ (Jtf(tJ}nCl==-- Associate Planner :\ T:::M{;.~ i}'~:~~:o Ao TT~n~~i\~r"i'T 5 o ~ N.-~~ ,,~~h~fr ~t . . iI r'au"& i1J~~~il::si' , -r(d(;-C2..G Ii 1~ i 0:::./. .' , 1,-, :.,.,'C'i/'{J1~j17~1. -;;...--.',;:~;'--:' .-........,.. ..... ,: ,-'. -,' . {':'-"--"'/,'--:. ;';:~X~~._~~?r~f!_R~~~~::T-C: ( ( " , Rej;1;ular 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 ~~ureen 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 MI"- 'l':>l1oh.,r. .:.. Regular Meeting ZAM-6.-1 ~tlI!'lIIl T ~"1'!1!II mlm"I'l:>';II ", 1. fo ~~ ;a~I'J ~ ", Ii'; \ ~ '" ~~;t" ~~;;1~;:Z l>t: I ii$..~, . ~.-.i!!:Ji'I''-''''''''''''' 2" . f1' A ~ .'. '.:1 - '" ' _ 1I!1l1......Jiili~;B:::a3i i "I' '~! .....;. .' ~ - . (-r..-{'/.I. . ''"i_II ,--=-.".."..tI""""t.~'!':"'-:'...... , '_.:--' .',_./_ .1..- /.-- .'.-" ro ..:...... .: ....... '. ...~ '. '.'-':\;;_.:,~:~~~jP~hjj~~;%!~&.%K.f!t~5Z~Jr-~~~:i~\~j~1~EX,~:W~%t~&'~:r~il~l~I~~j:)~t'~' 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. ~Ir. 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 $1,200. Mr. Wylie stated that Mr. Hall had tried to do what was right by checking with the Cit~"before building the shed. He said he thought the Variance rule should ap.p~y. Mr. Tong ascertained from Mr. Hall that he had spoken with Mr. DeLuca, who no longer-works for the City. Mr. Tong further ascertained from Mr. Hall that the paQ for the shed was part of the landscape contract. He said the pad was there during the three inspections with Mr. \{hite, and nothing was said about it until construction of the shed had begun. Mr. Fraser indicated that the meeting with Mr. DeLuca was held on July 19, 1984. Mr. Hall stated that during the 10-day period of the Stop Work Order., he picked up the Variance Application Form from the City. He said he didn't understand the application, so he met with Mr. DeLuca. He indicated that during this meeting. ~Ir. DeLuca stated the City of Dublin never granted Variances, and that the application would be a waste of ,time. Mr. Tong closed the public hearing. Mr. Tong advised that there are several different aspects to the Variance, such as the zoning aspect relating to setback-requirements, and the Building and Fire Code regulations requiring the structure to be six feet from existing structures on the site. "- Regular Meeting ZAM-6-2 July 29, 1986 .....:... ... ."., . ....... ._~~-:; -T~.~..;:'~~.~~~''f~'m~~;~~~~(')\;-T : -'. ",;:,:'.."0..~......,,;--11>""',~~,, ;.1f.'V-;1'r"~""'i':~\''''-::- .: .:.,::':;,.,.,';~_:'-i-~'1~~, _ ~'4!-_':$r-::"'.::-<;>':r:;. ";' j-' .<., c', . -.-,~. . ., ,',,~. /;", Co'-. . ".',.~ , :?':~:T'~~;+:~~~53~~11~~1~!;t;".~;;;;;ljJ;fsf;~~~;;:' ,,',', 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 ihe 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 require~ents, or to assure removal if the Zoning Ordinance is not revised to allow the shed in its existing location. ADJOURNHENT At 11:30 a:m., the public hearing was continued to a Zoning Administrator meeting-o~-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\lance. .. /:fI/i / /'" -",. . .~! ,'! ' ~ . ...... .... l , , ",/ ~ i '.., "-- ", ......"... : J;.r;.- '~-'I'-',:".\.~ .L ,~.~ .. Associate Planner =- Regular Meeting ZAM-6-3 July 29, 1986 " - ':'~}:;;~~Y!;,;s':-:;;%]i~;~2i~})~";s;~l':~1i~~~1f::E?9.S1f.i-i~~~q$~~1~":,S' ...,\.:7'.;-;;r.~?~~~{),z.';.::7fi~f.~~'!::~1'ZLIi::]gft~(:;.2!:..'.,:. ' .-- --... ....,..: .'. <.'-' 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 CALI. PRESENT: Laurence L. Tong, Zoning Administrator, and ~~ureen 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 ADJOURNHENT There being no further business, the meeting was adjourned at 10:05 a.m. . I: . ~ , 1/''; "-Z/,/-I' _ . I :/ - ..-- ,. fit 'L,-D. I:(r...,; CO L 'l,_ Associate Planner I: I \_ '-0(".:.(---- .0. Regular Meeting ZAM-6-1 August 12, 1986 -'-;' ~., ',': ':,7~~~~;f~~~~j~7J?~~~I~rt~~~:g :,,':l~~H~~&~~f:i'}~:,.~.:,.~'. $'f-1<;i~~~4~.i~" -""""~i~!l:,:-X5)j:' ".'.':,:;':.. i ... :-:. ;. . ::;~ 'p.\ .. ,. ~ ~~. VARNI, FRASER. HARTWEl,.L. McNICHOLS & RODGERS A' .........THCptS...'.. ,,.CLUD.NO ,...orl:.ssIO,........ cO..,.O......TIOHS """'ME5 I. "'S,",I!:." . "-EITH 5. ""A5e:.JII . ..JOHN 5. HA..TWI!:.LL. LOfltENI!:. J\e:.L.LY-HOLLI5TC.. ,....,RTIN W.INOIl!:...,Inf;N D....VID JI. LAN 'EA...,A,.. eONNIE LItWMAN STCPHeN t...fIt.MCNIGHOL.5,..JIII. UONEL A. ..OOOe:.A'S....,.. aAIAN O. SEIDCL "AoNTHO,.'l' a.V.....NI 2109 FOURTH STREET P. O. BOX !511 LIVERMORE, CALIFORNIA 9.4:5!50 (4151 _7-1222 ......TWAIltO o,nclt = ZZ7'7'I ,..AI" STIIIEC1' JI. o. BOX .70 HAYWARD,CAU'ORtt"" ~ ....51...0..5000 August 20, 1986 S01.AHO COUNTT 0 ,."CE. "'U' TDrtHUSC::E STlU:ET V,,"ULJO,c.u.I,.ORNIA ~O t7071 64Z;-I!Ioo'a. .... ~"onSSIO""'" GO",.o...""noM ,.UASANTON O,,.,Clt ez waT NeAl.. STRECT P\.LA.SAHTON,CA.U~ORN&Jtt, ~oe ""'51 ...o..g025 "lI:JI\.T TO: Livermore '''.1: 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- sistept 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 ou~buildincrs is in such a state of flux that the structure can be per~itted 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 fl.UG 201986. KSF:br cc: Mr. Ralph Hall 008UN Pi..AtJ..N1NG ....: : ~ ' '_ ,,::::;::::~:'~:;~~~;~~j~~}~~'>~~"7' .' .;: ~.L,"f~~~i.-iiiif}i*1J"1 · _ r ' i ......'.!.:.:,.:~ ,"'. ..;'.~.;'.;-!~:~;.:';~::':;:~2:""~~""l;~it '!~~ J/1 Bey 02~ I ( ;--1 ( "f,! r;c;'tt I /'!~, (Zl1 ....-.;' :,:':~"~~;?'- . ~'. .:.. "".~. ":?~~jf:.:') ~~:':7~:-;:{~~~{-~~}:~~-~..' '_"I"_~.;..~r.}[;7;.:t:.;fI)_~%.::\::~:.t:~ :t::~..I-{.:': :. ;r.:" #-::~-'~1:'f'~ ..~~~.:;S"{~~~_!!.~..;..:..:'.. . . : - :::.. '" -~~~$~~~~:~r~{~~.~~:. ,~_:-:_~~~;~?li\~~rt}'~.. - - . '.-':':,:~~:~}~~~i:~~'.}. -~ '.~.' "- . ~,..'~~-- ~;;~~~~'" . .::,. . ~