HomeMy WebLinkAbout0306 - Dirnberger UpheldRESOLUTION NO. 0306
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF CITATIONS B9001 AND B9006 TO
JOSEPH DIRNBERGER FOR VIOLATIONS OF PALM
SPRINGS MUNICIPAL CODE 11.72.080 AND 11.72.090
Jurisdiction: This administrative hearing is conducted in accordance with Palm
Springs Municipal Code 2.50 which confers jurisdiction upon the Administrative Appeals
Board.
WHEREAS The property located at 1077 S. Riverside Dr. was constructed as a
single-family dwelling with building permit 3514 issued in May 1948 approving four
rooms and a garage; and
WHEREAS, In November 1962, building permit B4998 was issued to convert the
existing garage into a bedroom, adding approximately 283 sq ft of living area.; and
WHEREAS, In November 1970, building permit A1223 was issued to connect the
structure to the city’s sewer system. providing the earliest known diagram of the
structure that existed on the property; and
WHEREAS, In September 2023, The City of Palm Springs Code Compliance
investigated the property located at 1077 S. Riverside Dr. and found accessory
structures within the minimum side yard setback area as defined in Palm Springs
Zoning Code 92.01.03(b2); and
WHEREAS, In October 2023, The City of Palm Springs Code Compliance
opened Code Compliance Case ZV-1023-0017 for the property located at 1077 S.
Riverside Dr for violations of Palm Springs Municipal Code 11.72.080 – Zoning
Ordinance Violations and 11.72.090 – Building Code Violations; and
WHEREAS, In December 2023, The City of Palm Springs Planning Department
after reviewing historical zoning codes and original construction for the property located
at 1077 S. Riverside Dr., found the accessory structures within the minimum side yard
setback area were not part of the original construction and were not identified as legally
non-conforming; and
WHEREAS, In February 2024, an investigation into the permit history of 1077 S
Riverside Dr found that the subject accessory structures were not a part of the original
construction and there was no record of a permit having ever been issued for the
construction of the existing garage/carport installed along the west property line within
the minimum side yard setback; and
Resolution No. 0306
Page 2
WHEREAS, In February 2024, a Courtesy Notice was hand-delivered to the
property owner with instructions to remove all accessory structures that do not maintain
the required setback distance along the west side yard; and
WHEREAS, On March 14, 2024, a Notice violation and citation B9001 was
issued to Joseph Dirnberger, the property owner on file for 1077 S. Riverside Dr., with
instructions to remove all accessory structures that do not maintain the required setback
distance along the west side yard with a compliance deadline of March 28, 2024; and
WHEREAS, On May 8, 2024, a Notice violation and citation B9006 was issued to
Joseph Dirnberger, the property owner on file for 1077 S. Riverside Dr., with instructions
to remove all accessory structures that do not maintain the required setback distance
along the west side yard with a compliance deadline of May 25, 2024; and
WHEREAS, Joseph Dirnberger filed an administrative appeal of the
Administrative Citation No. B9001 and Administrative Citation No. B9006 for violations
of Palm Springs Municipal Code 11.72.080 and 11.72.090 for the property located at
1077 S. Riverside Dr., Palm Springs with the City Clerk; and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on July 24, 2024; and
WHEREAS, the Administrative Appeals Board was presented evidence that
Joseph Dirnberger violated 11.72.080 of the Palm Springs Municipal Code by an
accessory structure installed in violation of the required setback distance as defined in
Palm Springs Zoning Code 92.01.03(b2); and
WHEREAS, the Administrative Appeals Board was presented evidence that
Joseph Dirnberger violated 11.72.090 of the Palm Springs Municipal Code by an
accessory structure installed with out approved permits in violation Title 8 titled Building
and Construction of the Palm Springs Municipal Code; and
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on July 24, 2024;
and
Resolution No. 0306
Page 3
THE ADMINISTRATIVE APPEALS BOARD HEREBY FINDS, after due
consideration given to the relevancy, weight and credibility of testimony and evidence,
and based upon a preponderance of the evidence in accordance with the Board’s
procedures, as follows:
SECTION 1.
The Appellant is in violation of Palm Springs Municipal Code 11.72.080
and 11.72.090. The Administrative Appeals Board upholds administrative
citation B9001 and administrative citation B9006
The Appellant is not in violation of Palm Springs Municipal Code
11.72.080 and 11.72.090. The Administrative Appeals Board overturns
administrative citation B9001 and administrative citation B9006
THIS PORTION OF PAGE BLANK
Resolution No. 0306
Page 4
SECTION 2. The Administrative Appeals Board directs the City Clerk to deliver a copy
of this Resolution to each party and to file a disposition report with the Palm Springs
City Council.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS
ADMINISTRATIVE APPEALS BOARD THIS 24th DAY OF JULY 2024.
Chair Basile
ATTEST:
Brenda Pree, MMC, CERA
City Clerk
Resolution No. 0306
Page 5
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, do hereby certify that
Resolution No. 0306 is a full, true, and correct copy, and was duly adopted at a meeting
of the Administrative Appeals Board of the City of Palm Springs
on the 24th day of July 2024, by the following vote:
AYES: Board member Koren, Vice Chair Parker, Board Members Hein, Hermann
and Chair Basile
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Palm Springs, California, this 30th day of July 2024.
Brenda Pree, MMC, CERA
City Clerk