HomeMy WebLinkAboutItem 5.1 William McCartney Variance q50 -qo
AGENDA STATEMENT
CITY COUNCIL MEETING' D.ATE: August 13 , 1984
PUBLIC HEARING
SUBJECT: Appeal of Planning Commission Action
to deny PA 83-060, William McCartney
Variance, 7650 Canterbury Court.
EXHIBITS ATTACHED: 1 . Planning Commission Staff Report of
June 4 , 1984 , with background
attachments
2 . Letter of Appeal received June 28,
1984
3 . Sketch of site dated June 1984
4 . Variance excerpt from California
Planning and Zoning Law
5 . Draft Resolution Denying the
Variance application
RECOMMENDATION: 1. Open public hearing and hear Staff
presentation
2 . Take testimony from applicant and the
public
3 . Question Staff, applicant and the
public
4 . Close public hearing and deliberate
5 . Adopt resolution regarding appeal of
Planning Commission Action
FINANCIAL STATEMENT: None
DESCRIPTION: I . BACKGROUND
In August 1983 , the McCartney' s acquired the property.
Apparently, an enclosed patio had been previously installed
without building permits .
In September 1983 , the Building Inspector noticed that both
the house and the patio were being remodeled without building
permits . A Stop Work Order was issued for both the house
remodeling and patio/room addition. A building permit was issued
for the house remodeling, but no permit was issued for the
patio/room addition. The applicant was told that a variance
would have to be granted prior to a building permit issued for
the room addition.
In February 1984 , the Zoning Administrator held a public
hearing on the variance application. The Zoning Administrator
found that 1) if approved, the variance would give the applicant
a special privilege not enjoyed by others in the same zoning
district, 2 ) there were no unusual circumstances related to Mr.
McCartney ' s property, and 3 ) if the appropriate building permits
had been applied for, the room addition would not have been
constructed. Because the required findings could not be made,
the Zoning Administrator denied the application.
In June, the Planning Commission held a public hearing on .
the appeal . The applicant failed to attend. The Planning
Commission determined that the required findings could not be
made. The Planning Commission upheld the Zoning Administrator' s
action and denied the variance application. The applicant
appealed the Planning Commission action to the City Council .
On August 3 , 1984 , Staff met with Mrs . McCartney and
discussed the variance application. Staff reviewed the finding
required in order to grant a variance and the determinations by
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ITEM NO. 5. � COPIES T0: Applicant
the Zoning Administrator and Planning Commission that the
required findings could not be made . Staff reviewed three
options which would be consistent with the Zoning regulations .
II . DISCUSSION
The McCartney' s are requesting a variance to allow a 14 ft.
9 in. x 21 ft. 8 in. room addition with a 5 1/2 ft. rear yard
where the Zoning Ordinance requires a 20 ft rear yard.
State and City Zoning laws allow a variance to be granted
only when the following three findings are made: 1) there is an
unusual physical characteristic on the property, 2 ) the variance
would not be a grant of special privileges, and 3) the variance
would not be detrimental to property or public welfare . The
Zoning Administrator and then, on appeal, the Planning Commission
determined that the required findings could not be made and
therefore denied the variance .
Staff has identified three options which would be consistent
with the Zoning Ordinance . The Zoning Ordinance allows a 10 ft.
rear yard if there are compensating side yards . Based on a
sketch plan prepared by the Staff, and subject to field
verification, a room addition of about 21 ft. 8 in x 8 ft. , or a
room addition of 17 ft . 9 in. x 10 ft. could be allowed. A third
option is to change the room addition back to a patio accessory
structure . Each of the options would require structural
alterations .
III . RECOMMENDATION
Staff recommends that the City Council uphold the Zoning
Administrator' s and Planning Commission ' s action, deny the
variance application, and request the applicant to work with
Staff on one of the three options .
Should the City Council decide to grant the variance, the
City Council should make the necessary findings and revise the
resolution accordingly.
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PLANNING 'COMMISSION
AGENDA STATEMENT/STAFF -REPORT
Meeting `Date : ' June 4 , "1984
TO -Planning Commission
FROM: Planning Staff
SUBJECT: PA 83-060 , -William McCartney :request for a
variance at 7650 Canterbury Court ,
GENERAL INFORMATION
PROJECT: A variance . to allow a room addition in 'a 'required rear
yard area '.at :7650 Canterbury '_Court'
APPLICANT Wiii am McCartney
7650 Canterbury :Court
.. Dublin,' ` CA '94568 s ~YY ,
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REPRESENTATIVE. ,� rSame ':� • � �x ,:.• �' �T�i
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• y.•; `,; ._ .. ' f. ,. .fib i C ` .:�y s � s • .r g ,h=`hi 5 `, t,_
PROPERTY OWNER Same ter. ' r 1.
LOCATION •7650 ,Canterbury Court
1 r -t > •4 4 9 t
Dublin,' CA .94568 `
ASSESSOR PARCEL NUMBER: 941-176-64
x
PARCEL SIZE Ap r
EXISTING 6, 000 sq: ft
EXISTING ZONING AND LAND USE: R-1-B-E (Single 'Family Combining
-District)
Parcel contains a Single Family house.
SURROUNDING LAND USE AND ZONING
_ � tti,� La ! .'� � `- �..°��?,!y l•,;,'- ,.- �rZl�,.+r ri?..'�;t�',PY i•r,3^•:♦ t ,;:'{•i S t � _
r north _Single :Family Residential, %R l-B tE -
r `� south Single�.Family Residential, R-1-B-E _
A to - east jt Single 'Family _Residential, �R-1''' ,
west` � 4 Sing le -' amil R x
t f.F y esidential, R 1 B E
ZONING HISTORY. May 23,'`-.1961 Building 1permit(issued Ito
,r - construct the Single Family house
j
APPLICABLE REGULATIONS
,Section 8726 . 6 ,requires as ;20 ' :rear ,.yard in ,R-1 .Districts.
Section 8-26 . 6 .i 'allows for aj minimum rear yard of 101 .-if this
. 'reduced yard area'""is 'compensated for by adjacent yard areas .
Section 7-12 .0 deals with construction 'without appropriate '
permits .
-Section 7-11 .2 addresses construction in violation bf ,a stop wort
order.
Section 8-93 . 0 of the Zoning ,Ordinance states that, 1n� order to
grant a Variance, "the following findings must.'.be `made''iri the - {{
affirmative :',` that there are 'special circumstancesinclnding
;:size, ;shape, •::topography, •.location, or surroundings, :,applicable to
..the property which ,.deprive ;the "p'roperty..of 'privileges .'enjoyed by
?other.property ';in 'thevicinityt,under`'ahe `identical zoning
classification;' 2 ) that the granting of the 'application' will not �a
y constitute a grant of special privileges inconsistent with the
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ATTACHMENT 1 t
ITEM
NO. '. 1 r
limitations upon other properties in the vicinity and zone; 3 )
that the granting of the application will not be detrimental to
persons or property in the neighborhood or to the public welfare .
ENVIRONMENTAL REVIEW: Categorically exempt
NOTIFICATION: Public Notice of the. May 21, 1984 , hearing was
published in the Tri-Valley Herald, mailed to adjacent
property owners , and posted in public buildings
ANALYSIS :
Mr. McCartney is requesting a variance to allow a 141 , 9" x
211 , 8" room addition in a required rear yard setback at
7650 Canterbury Court . The Zoning Administrator denied this
request at the conclusion of a Public Hearing on February
28, 1984 , after hearing testimony from staff and the
applicant. The basis for the denial is that the required
findings could not be made . Mr . McCartney appealed the
decision on March 5, 1984 and requested a hearing with the
Planning Commission after April 20, _1984 . The appeal was
scheduled for the Planning Commission meeting on May 21,
1984 . The item was continued at the applicant's request to
the Planning Commission meeting on June 4, 1984 .
As shown in attached Zoning Administrator Staff Report,
there is a long history leading up to the variance request .
Nonetheless, the problem is fairly basic; that is, the
applicant converted a patio into an enclosed room addition
in a required yard area without obtaining any permits or
approvals .
State and local statutes allow a variance to be granted if
there is something unusual about the physical
characteristics of the property and if the variance does not
become a grant of special privileges . After reviewing Mr. .
McCartney' s property, a determination was made that there
are no physical conditions present which would justify a
variance . Further, if a variance was granted, it would
allow Mr . McCartney a property right not enjoyed by others
similiarly situated. It was for these reasons that the
Zoning Administrator denied the variance request.
The attached Zoning Administrator Staff Report contains the
background information associated with this request.
RECOMMENDATION
FORMAT: 1) Hear Staff presentation
2 ) Open public hearing
3 ) Take testimony from applicant and the public
4 ) Question staff, applicant, and the public
5 ) - Close public hearing and deliberate
6 ) Adopt Resolution approving or denying request, or
continue hearing
ACTION: Staff recommends the Planning Commission adopt the
attached Resolution (Exhibit A) which denies Mr.
McCartney' s variance request to allow a room addition
in a required yard area at 7650 Canterbury Court .
ATTACHMENTS
1 ) Exhibit A - Draft Resolution denying request.
2 ) Zoning Administrator Staff Report which contains
background information
3 ) Minutes of Zoning Administrator hearing
COPIES TO
Applicant
BID
-2-
RESOLUTION NO. . 84-26
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
----------------------------------------------
DENYING PA 83-060 WILLIAM MCCARTNEY VARIANCE REQUEST TO
ALLOW A ROOM ADDITION IN A REQUIRED YARD AREA
WHEREAS, William McCartney has filed an appeal of the
Zoning Administrator' s decision which denied his variance request
(PA 83-060 ) ; and
WHEREAS, the Planning Commission did hold a public
hearing on said appeal on May 21, 1984 ; and
WHEREAS, said hearing was continued at the applicant' s
request to' the Planning Commission meeting on June 4, 1984 ; and
WHEREAS, proper notice of said public hearing was given
in all respects as required by law; and
WHEREAS, this application has been reviewed in
accordance with the provisions of the California Environmental
Quality act and has been found to be categorically exempt; and
WHEREAS, a Staff Report was submitted recommending the
appeal be denied; and
WHEREAS, the Planning Commission did hear and consider
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) The variance request, if approved, would give the applicant a
special privilege not enjoyed by others in the same Zoning
District;
2) There are no unusual circumstances relating to lot size,
configuration, or topogrphy associated with Mr. McCartney's
property;
3) If the permits had been applied for, the room addition would
never have been constructed.
BE IT FURTHER RESOLVED that the Dublin Planning
Commission does hereby deny said appeal
PASSED, APPROVED AND ADOPTED this 4th day of June, 1984 .
AYES: Commissioners Alexander, Barnes, Mack, Raley and
Petty
NOES: None
ABSENT: None
i
1 nning Commission Chairman
ATT T: r
Planning Director
DP 83-20
1
CITY OF DUBLIN
ZONING ADMINISTRATOR
STAFF REPORT
Meeting Date : February 28 1984
TO : Zoning Administrator
FROL`1: Associate Planner -TD
SUBJECT: PA 83-060 William McCartney Variance Request
GENERAL INFORMATION
PROJECT: A request by William McCartney for a Variance to
Section 8-26 . 6 of the Zoning Ordinance to allow a
14 ' 9"x 21 ' 8" room addition. in a required rear yard.
OWNER/APPLICANT: William McCartney
7650 Canterbury Ct.
Dublin CA 94568
LOCATION: 7650 Canterbury CL_
ASSESSOR PARCEL NUMBER: 941-176-64
EXISTING ZONING AND LAND USEE • R-1-B-E, Sincle Family dwelling and
accessory structure.
SURROUNDING LAND USE AND ZONING :
North - Res-cendi al - R-1-3
South - Residential - R-1-3-=
East - Residential - R-1-3-E
West - Residential - R-1-3-.E
APPLICABLE REGULATIONS :
Section 8-26 . 6 requires a 20 ' rear yard in R-1 Districts.
Section 8-26 . 6 .1 allows for a minimum rear yard of 10 ' ' if this
reduced yard area is compensated for by adjacent yard areas.
Section 7-12 .0 deals with construction without appropriate
permits .
Section 7-11 . 2 addresses construction in violation of a stop work
order .
Section 8-93 . 0 of the Zoning Ordinance states that, in order to
grant a Variance , the following findings must be made in the
affirmative : 1 ) that there are special circumstances including
size , shape , topography, lccati_ on, or surroundings, applicable to
the property which deprive the property of privileges enjoyed b_v
other property in the vicinity under the identical zoning
classification; 2 ) that the granting cf the application will not
constitute a grant of special privileces inconsistent with the
limitations upon other properties in the vicinity and zone; 3 )
that the granting of the application will not be detrimental to
persons or property' in the neighborhood or to the public welfare.
- --------------------------------
------------------------------- -
ENVIRONMENTAL REVIEW: Categorically exempt
NOTIFICATION : Public Notice of the hearing was published in the
Tri-Vallev Herald, mailed to adjacent property owners, and
posted in public buildings
ANALYSIS :.
The following is a brief history leading up to the Variance
request :
August, 1983 : Mr . McCartney acquired the deed to the subject
property.
September 14 , 1983 : During a routine inspection in the vicinity
of Canterbury Ct . , the City ' s Building Inspector noticed
that Mr . McCartney ' s house was being extensively remodeled
without " the ,necessary permits : -._,..-The.._:Building Inspector ;
posted a 'Stop" Work Order and informed _a'relative of Mr. `
.-" McCarntey' s that no further construction activity should be
done without the necessary permits . :-Mr_ .McCartney's
:relative was also informed that the `room -addition would have
to be removed from the required yard ,;area, 'or a Variance
would have to be granted.
September 26 , 1983 : A building, permit was issued for remodeling
the main dwelling unit. The building permit excluded .any
work on the room addition.
October 4 , 1933 : Mr . McCartney filed a Variance application
with the City .
October 24 , 1933 : Mr . McCartney was informed, in writing, that
his Variance application was incomplete because there were
no plans submitted.
November 23 , 1983 : A letter was sent to Mr. McCartney, from the
Building Official , outlining the Code violations and the
need for an office hearing .
December . 19 , 1983 : An office hearing was held with Mr
McCartney, discuss violations .-.. Planning and Building
Staff instructed Mr. McCartney to complete Variance
application or remove room addition-;- Staff
indicated .to Mr . McCartney that his Variance.:request may not
be -approved.
January' 6, 1984 : Mr . McCartney submitted site *plans to
complete his application.
Although there is a long history associated with this request,
the principal issue is that Mr . McCartney converted a patio into
an enclosed room addition , in a required yard area, without
obtaining any permits or approvals . -
The State and local laws governing Variances are very specific.
These statutes specify that a Variance cannot be granted if it
would give a property owner a special privilege not enjoyed by.
others in the same zoning district, or if there are not unusual ,
circumstances relating to lot size, configuration, or topography. .
This Variance request would give Mr. McCartney a special
privilege ( allowing a room addition in a required yard area) not
enjoyed by others in the same zoning District.
Further, there are no unusual circumstances relating to lot size,
on Mr. McCartney's parcel.
configuration, or topography,
.1
�'~ A r 1 V 1^`"'?���t:als�� .!�.a�'f•` ' � ti.... �'a ,t:,' 1t•��r �-.
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t , 4• .a} t � ,h '.�'� .•:t ti•I.Y � � y� .�S.�t r•.l 'I � 4 _�S`4,c„jif•,r�•",.� r.,,
•If Mr . McCartney would have applied for the necessary permits
prior to beginning the construction work, the problem could have
been avoided.
RECOMMENDATION
FORMAT : 1) Hear Staff presentation
2 ) Open public hearing
3 ) Hear applicant and public presentations
4 ) Close public hearing
S ) Adopt Resolution denying request, or continue
hearing
ACTION: Staff recommends that the Zoning Administrator adopt
the attached Resolution denying Mr . McCartney's Variance request.
F-IF; plan h`
2 ) .'` .'Draft resolution
COPIES TO _..
BID
Applicant - -
- 1
. - N
RESOLUTION NO. ZA 2-84
A RESOLUTION OF THE ZONING ADMINISTRATOR
OF THE CITY OF DUBLIN
------------------------------------------------------------------
DENYING PA 83-060 WILLIAM MCCARTNEY'S VARIANCE REQUEST TO ALLOW A
ROOM ADDITION IN A REQUIRED YARD AREA '
WHEREAS, William McCartney has filed an application for
a Variance to allow a room addition in a required yard area, at
7650 Canterbury Ct. ; and,
..' WHEREAS, the Zoning Administrator :-did hold a public
hearing on said application onFebruar
pp n *
-. . . y .28;'::,:1984 ; and, �.. -. •'
WHEREAS, -
proper notice 'of said public :hearing was given
in all respects as required by law; an d
WHEREAS,' this application has been 'reviewed in
accordance .with the provisions of .the California `Environmental
,Quality Act -and has been .found to be"categorically .exempt;` and,
WHEREAS, a Staff Rerpot was submitted recommending the
application be denied; and,
WHEREAS, the Zoning Administrator did hear and consider
all said reports, recommendations, and testimony as herinabove set
forth;
NOW, .THEREFORE, BE IT RESOLVED THAT ..THE Dublin Zoning
Administrator does hereby find that:
1) The variance request, if approved, would• give`-the .-applicant a
special privilege not enjoyed by others in the same Zoning
District;
.. -
2) There are no unusual circumstances relating to lot .size,`c
configuration, or topography associated with Mr. McCartney's
property; and,
3 ) If the necessary permits had been applied for, the room
addition would never have been constructed. -. ".' '
BE IT FURTHER RESOLVED that the Dublin Zoning
Administrator does hereby deny said application.
PASSED, APPROVED AND ADOPTED this 28th day of February,
1984 .
D Zoning Administrat r
o �-(.C{C✓
Associate Planner
.DP 83-20 :�
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established by local ...ordinance, shall hear and determine
appeals from the decisions of the board of zoning adjustment
or the zoning administrator, as the case may be. Procedures
for such appeals_ shall be as provided by local ordinance.
Such board may reverse or affirm, wholly or partly, or may
modify the order, requirement, decision or determination - -_
appealed f rom, *and ,may make :such order, requirement,
decision, or determination as .should be made, and such
action shall be -final.
;. _..
(Added by Stats. .1965, Ch. ,1880.) .
Appeals to legislative 65904.* ---If a board ;of appeals.has.not been created and
�y established.the ,local legislative:rbody shall .exercise all of
the':functions 'and duties of the ;board ;of ;appeals in the .
..1 . , ti
same manner and to"the 'same effect as;provided in�Section
65903.
h. (Added by .Stets 1965, ,.Ch.,
1880.)
Notice—permits, :=.65905..zWheneveran�application ;fora .variance,"or :a
variances conditional•,:use,permit., oL er,permit, ..for :revocation or
modification of same.;or,.,an "appeal from the action taken
thereon, is submitted to the .body;or person charged with
conducting a .public hearing thereon, notice :of :hearing shall.
be .given by notice 'through the United .States .mails, with
postage prepaid-,using ;.addresses .from 'the' last equalized
assessment. roll, or ,alternatively, f rom•such other records
of the assessor or .the'tax collector.As contain more recent
addresses in the opinion.of said body , or by both'publication
'r in a newspaper: of genera-1• 'circulation in accordance with
• Section 65854 and posting said notice in ,conspicuous places
close to the property affected. _:Procedure for-mailing or
ostin of said notices shall be governed by the provisions
o t e oca or finance. .
(Added by Stats. 1965, Ch.*;1880.)
Variances 65906. Variances from the terms of the zoning ordinances
shall be granted only when, because of special circumstances
applicable to the,property, including size, shape, topography,
location or surroundings, the strict application of the zoning
ordinance deprives such„property -of.:privileges .enjoyed by
other property in the vicinity-:and .under :identical zoning
.._
classification.
:Any variance granied'shall be subject to such conditions
as will assure that .the adjustment thereby authorized shall
not constitute a grant of special privileges.inconsistent with
the limitations .,upon other. properties in the vicinity and
zone in which such property is situated.
A variance shall not be granted for a parcel of property
which authorizes. a use or activity which is not otherwise
expressly authorized by' the'zone regulation governing the
parcel of property. The provisions of this section shall not
apply to conditional use permits.
mended by Stats. 1974, Ch. 607.)
Parking variances 659 06. . of it s an m e t`onM`590 , ariance may
be granted from the parking requirements of a zoning
ordinance in order that some or all of the required parking
Cp�UFeRN��► pL�,Ntilti”
98 ATTACHMENT `�
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
DENYING PA 83-060 WILLIAM MCCARTNEY VARIANCE REQUEST TO
ALLOW A ROOM ADDITION IN A REQUIRED YARD AREA
WHEREAS, William McCartney filed an application for a
variance to allow a room addition in a required yard area at 7650
Canterbury Court; and
WHEREAS, the Zoning Administrator held a public hearing
on said application and denied the application on February 28,
1984 ; and
WHEREAS, William McCartney has filed an appeal of the
Zoning Administrator' s action which denied his variance request
(PA 83-060) ; and
WHEREAS, the Planning Commission did hold a public
hearing on said appeal on May 21, 1984 ; and
WHEREAS, said hearing was continued at the applicant ' s
request to the Planning Commission meeting on June 4 , 1984 , at
which time the Planning Commission denied the request; and
WHEREAS, Mrs . McCartney filed an appeal of the Planning
Commission' s action denying the request; and
WHEREAS, the City Council did hold a public hearing on
said appeal on August 13, 1984 ; and
WHEREAS, proper notice of said public hearing was given
in all respects as required by law; and
WHEREAS, this application has been reviewed in
accordance with the provisions of the California Environmental
Quality act and has been found to be categorically exempt; and
WHEREAS, a Staff Report was submitted recommending the
appeal be denied; and
WHEREAS, the City Council did hear and consider all
said reports, recommendations, and testimony as hereinabove set
forth;
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City
Council does hereby find that:
1) The variance request, if approved, would give the applicant a
special privilege not enjoyed by others in the same Zoning
District, that special privilege being a room addition in a
required yard area;
2 ) There are no unusual circumstances relating to lot size,
configuration, or topography associated with Mr. McCartney' s
property;
3 ) If the permits had been applied for, the room addition would
never have been constructed.
BE IT FURTHER RESOLVED that the Dublin City Council does
hereby deny said appeal
ATTACHMFN ---��.
T
DP 83-20
PASSED, APPROVED AND ADOPTED this th day of
1984 .
AYES:
NOES :
ABSENT:
Mayor
ATTEST:
City Clerk
DP 83-20