HomeMy WebLinkAboutItem 6.1 Abatement of Zoning Violation Canterbury Court (2) Oil
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: October 8, 1984
SUBJECT: Abatement of Zoning Violation at 7650
Canterbury Court, Dublin
EXHIBITS ATTACHED : 1) Planning Commission Resolution 84-26
2 ) City Council Resolution 82-84
3 ) Letter dated August 24 , 1984
4 ) Ordinance 09-84
RECOMMENDATION: Direct City Attorney to commence action
to abate the zoning violations under
Ordinance 09-84
FINANCIAL STATEMENT: Costs are not known at this time
however, they are recoverable from the
property owner.
DESCRIPTION: On September 14 , 1983, while making a routine
inspection in the area, it was noted construction work was
being done on the building at 7360 Canterbury Court, without
a permit . Investigation revealed that the interior of the
house was being extensively remodeled. Also, there was a
14 ' 9" x 21 ' 8" room, at the rear, which extended to within
5 ' 6" of the property line . The zoning ordinance requires 20
feet from the rear of the building to the property line.
According to the owner, there was an enclosed aluminium
patio structure at the rear of the building when he acquired
the property. This was removed and completely reconstructed
as a fully enclosed room. At the time of the first
inspection, the room was virtually completed and lacked the
completion of the exterior siding. Installation of the
siding was subsequently completed in violation of a Stop
Work Order .
Subsequently Mr. McCartney applied for a variance to permit
a reduction of the rear yard, so as to allow the addition to
remain. The variance request was denied by the Planning
Commission and the City Council .
On August 24 , 1984 , Mr. McCartney was requested to secure a
permit to revise the room, or to remove it . As of this
date, nothing has been done .
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ITEM NO. 4r" COPIES TO: William McCartney
City Attorney
K
RESOLUTION NO. 84-26
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
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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
M1 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
171'anning Commission Chairman
ATT T: 1\vl
Gwale �
Planning Director
DP 83-20
RESOLUTION NO. 82-84
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLI`]
-----------------------------------
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 :
DP 83-20
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 s: - _ - . -_ _Y_ :..
PASSED, APPROVED AND ADOPTED ;this `l3th day of
August, 1984 . r'
AYES : Councilmembers Hegarty, Jeffery, Moffatt
and Mayor Snyder --
NOES: None
ABSENT: Councilmember Vonheeder
Mayo
ATTEST o
City Clerk
DP 83-20
CITY OF DUBLIN
P.O. Bux 2340
Dublin, CA 94568 (315) g?9-160Q
August 24, 1984
CERTIFIED MAIL
William McCartney
7650 Canterbury Court
Dublin, CA 94568
RE: PA 83-060
The City Council at the August 13, 1984 , meeting denied your
request for a variance to reduce the rear yard on your property
from 20 feet to 5 1/2 feet, in order to allow the room recently
constructed to remain as is .
In connection with your application for a variance, the planning
staff identifies four options which would be acceptable, subject
to field verification of actual dimensions. The options are as
follows :
1 . A room addition of approximately 21 feet, 8 inches by 8
feet.
2 . A room addition of approximately 17 feet, 9 inches by
10 feet.
3 . Change the existing room addition to an open patio
structure .
4 . Remove the structure.
You are hereby requested to secure for a permit to alter the room
so as to conform to options 1 through 3, by September 7, 1984,
and begin necessary work by September 17 , 1984, or begin
demolition by September 17 , 1984 .
In order to get a permit it will be necessary for you to submit
complete accurate plans showing the proposed work. If a permit
is not secured by the time specified, or work is not started as
specified and deligently pursued, legal action will be initiated
to compel you to comply with the zoning ordinance by removal of
the room.
Thank you for your cooperation.
r
VICTOR L. TAUGHER
BUILDING OFFICIAL
cf
ORDINANCE NO. 09-84
• AN ORDINANCE OF THE CITY OF DUBLIN
AMENDING ARTICLE 9 OF PART I OF CHAPTER 2
OF TITLE 8 AND RELATING TO ZONING ENFORCEMENT
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS:
Section 1. AMENDMENTS
(a) Section 8-106 .3 of Article 9 , Part It
Chapter 2 , ' Title 8 of the Alameda County Ordinance :.Code
previously adopted by the City of Dublin is amended -to read as
follows:
" Section 8-106 .3 . DUTY OF CITY ATTORNEY.
Any building or structure set up,
erected, constructed, altered, enlarged, _
converted, moved or maintained contrary to this
Chapter or any use of any land, building or
premises established, conducted, operated or
maintained contrary to -this Chapter is unlawful
and is hereby declared to be a public nuisance
and the City Attorney of the City shall, upon
order of the City Council, immediately commence
action or proceedings for the abatement and
removal and enjoin thereof in the manner
provided by law and shall take such other steps
and shall apply to the court or courts as may
have jurisdiction to grant the relief which
will abate and remove the building or
structures, and restrain and enjoin any person,
firm, or corporation from setting up, erecting,
building, or maintaining or using the building
or structure or any property -contrary to the
provisions of this Chapter."=
(b) Section 8-106 .4 is added to Article 9 , Part I,
Chapter 2, Title 8 of the Alameda County Ordinance
previously adopted by the City of Dublin to read as follows:
" Section 8-106 .4 . ATTORNEYS FEES AND LEGAL
COSTS A LIEN.
In the event that the City commences
an action in court for the relief set forth in
the preceding paragraph (a) , the attorneys'
fees and court costs incurred by the City in
the prosecution of such an action shall become
` y a lien against the property on which said
nuisance is maintained. "
(c) Section 8-106 .5 is added to Article 9 , Part I,
Chapter 2 , Title 8 of the Alameda County Ordinance Code
previously adopted by the City of Dublin to read as follows:
" Section 8-106 .5 . NOTICE OF ASSESSMENT
HEARING.
Upon the filing of the report of the
Building Official regarding attorneys' fees and
court costs, the City Clerk shall, by
resolution, fix a time, date and place when it
will hear and pass upon the report, together
with any objections or protests which may be
raised by any property owner liable to be
assessed for attorneys'.:, fees and ,court costs .• _ s,
and any other interested persons. At least ten
(10) days before the date set for the hearing,
the Building Official shall cause copies of his
report and notice of the filing of his report
and of the time, place and date when the
Council will hear and pass on the report, any
protests or objections thereto, to be posted
and served in the manner and upon the property -
owner, tenant or other interested party. "
(d) Section 8-106 .6 is added to Article 9 , Part I,
Chapter 2, Title 8 of the Alameda County Ordinance °Code
previously adopted by the City of Dublin to read as follows:
" Section 8-106 .6 . ASSESSMENT HEARING.
Any person interested in or affected
by the proposed assessment may file written
protests or objections with the City Clerk at
any time prior to the hour set for the hearing
on the report of the Building Official. Each .
such protest or objection must contain a
description of the property in which the signer
thereof is interested and the grounds of each
protest or objection.
Upon the day and hour fixed for the
hearing, the Council shall hear and pass upon
the report of the Building Official, together
with any objections or protests which may be
raised by any of the property owners liable to
be assessed for the attorneys' fees and court
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costs, and any other interested persons. The
Council may make such revisions, correctons, or
modifications of the report as it may deem
just, and the report as submitted or as
revised, corrected or modified, together with
the assessment shall be confirmed by
resolution. The decision of the Council on the
report and the assessment and all protests or
objections thereto shall be final and
conclusive. "
(e) Section 8-106 .7 is added to Article 9 , Part
Chapter 2 , Title 8 of the Alameda County Ordinance -.Code - 2,
previously adopted by the City of Dublin 'to' read as.,follows: :3;;-?_� -'-
" Section 8-106 .7 . ASSESSMENT OF ATTORNEYS' '
FEES AND COSTS AGAINST
PROPERTY: --•LIEN.
The attorneys' fees and court costs,
as confirmed by the Council, shall constitute a
special assessment against -the property - > •.,.
involved, and as thus made and confirmed shall
constitute a lien on said property for the
amount of such assessment until paid. . Such
lien shall, for all purposes, be upon a parity _ __ ......_.
with the lien of State,, County and City taxes. "
(f) Section 8-106 . 8 is added to Article 9 , Part I, :
Chapter 2 , Title 8 of the Alameda County Ordinance Code .
previously adopted by the City of Dublin to read as follows:
" Section 8-106 .8 . COLLECTION.
On or before August 10 of the year in
which a special assessment is confirmed by the
Council, the City Clerk shall cause a certified
copy of said special assessment to be filed _ _. ..
with the County Assessor and County Tax
Collector: The description of .the parcel
reported shall be that used for the same parcel
on the County Assessor' s map books for the -.-.
current year.
The amount of the assessment shall be
collected at the same time and in the same
manner as ordinary municipal taxes are
collected, and shall be subject to the same
penalties and procedure and sale in case of
delinquency as provided for ordinary municipal
taxes. All laws and ordinances applicable to
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the levy, collection and enforcement of City
taxes are hereby made applicable to such
special assessment. "
Section 2 . POSTING OF ORDINANCE
The City Clerk of the City of Dublin shall
cause this Ordinance to be posted in at least three (3) public
places in the City of Dublin in accordance with Section 36933 of
the Government Code of the State of California.
PASSED AND ADOPTED by the City Council .of the City of-; _
Dublin on this 23rd day of April, 1984 , , by the . following votes: :
AYES: Councilmembers Hegarty, Jeffery, Moffatt,
Vonheeder and Mayor . Snyder - ...... =
NOES: None --
ABSENT: None ... -
' Mayor Ci
ATTEST:
�< < C LA4 ....- _ _ �._... _._.... .
City Clerk =
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