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HomeMy WebLinkAbout1/15/2003 - STAFF REPORTS (12) DATE: January 15, 2003 TO: City Council FROM: Director of Planning and Zoning CASE 6.465 VARIANCE - AN APPEAL BY THOMAS FLANAGAN OF A PLANNING COMMISSION DECISION TO GRANT A VARIANCE TO ALLOW A THREE FOOT SIDE YARD LOCATED AT 3863 EAST CALLE SAN ANTONIO, ZONE R-1-D, SECTION 19. APPEAL The applicant, Thomas Flanagan, is appealing the Planning Commission's November 13, 2002, approval of a side yard setback of 3 feet for use as a covered workshop. The City Council may uphold, override or modify the decision of the Planning Commission. SUMMARY At it's meeting on November 13, 2002, the Planning Commission voted to approve certain variance requests and conditionally approve one variance. The applicant had originally applied to the Planning Commission grant a variance with three elements. Two elements of the variance were approved by the Planning Commission. A request for a variance for a rear yard setback of 7.5 feet for use as a covered and screened patio and the elimination ofcode requirements for covered parking were approved by the Planning Commission. The applicant is not appealing those approvals. A third portion of the Variance application, a request to eliminate the side yard setback along a 37' portion of the east property line, in order to make legal a 9' wide and 37' long carport/workshop constructed without permits on the property line, was not approved. The Planning Commission modified the request and approved a three foot side yard setback. This approval would require the applicant to demolish a portion of the carport/workshop, which was constructed with the support of a property line wall. The applicant is appealing this portion of their original variance application to the City Council. BACKGROUND The subject property has a lot area of 6,375 square feet with a width of 75 feet and depth of 85 feet. Pursuant to the R-1-D property development standards, the lot is substandard in lot area and lot depth. Minimum standards for the R-1-D zone require a 7,500 square feet minimum lot area, and 100' minimum lot depth. The applicant is requesting approval of the variance to legalize existing structures, which were constructed without permit. This variance application was filed in response to a notice of code violation. qi� In 1946, at the time of the house's original construction, the required rear yard setback for the zone, then R-1, was 10 feet. At some point in the past, prior to the occupancy by the current resident which began in 1966, a former property owner completed the conversion of the exiting garage into additional living area. A 9' by 37.5' (337.5 square feet) tandem parking carport/workshop was then constructed between the house and the east property line. An 18' by 15' (270 square feet) enclosed patio was also constructed, 2.5' of which project into the rear yard setback. These structures were constructed without benefit of permit. A notice of code violation was mailed to the applicant and filed with the City Attorney earlier this year, which in turn prompted this application. Staff has reviewed the building permit files and found that no building permits exist for this work. The applicant has supplied a letter from a former resident of the house, who resided on the property in 1965, and who in that letter recalled that the enclosed garage, tandem carport and enclosed patio were in existence at the time. A second letter from a former neighbor of the applicant supports this information. The applicant is requesting that the enclosed garage, covered tandem garage and enclosed patio be allowed to remain, subject to the approval of this variance request and subject to conditions of approval by the Building Department which would require the existing structures to be improved to meet current codes. ANALYSIS The Planning Commission approval of a modified Variance was due to a number of factors. The tandem carport/workshop was constructed on the property line wall. The carport location and construction practices raised issues about the structural integrity of the construction as well as other fire and building code issues related to zero lot line construction. The carport structure sits on top of the property line garden wall. Zero lot line construction requires one hour construction methods. In addition, the Planning Commission had concern about remaining consistent with earlier decisions requiring a minimum of 3' side yard setbacks in cases of variances in the R-1 zones. If the City Council were to overrule the Planning Commission and approve the variance allowing a zero setback for the carport, the structure would need to be modified to meet building codes (structure and one hour fire protection). A number of variances have been granted for reductions of both side and rear yards in R-1-C zoned properties, however, the property in question is zoned R-1-D. Variance 6.440, for 1062 E Buena Vista Drive, allowed 3 foot side and rear yards. Variance 6.451, for 1119 E. San Jacinto Way, allowed three foot side yards and Variance 6.429, for 994 Coronet Circle, allowed 5 foot rear yards and 3 foot side yards. Clearly, the City has approved variances to allow reduced side and rear yards in the R-1-C zones. However, city-wide the R-1-D zone is less prevalent, and thus one could surmise that there are fewer opportunities to apply for similar variances. a,-a- During staff's investigation and analysis of this application, the surrounding single family residential area was surveyed to see if there were any other residences similar to the situation represented in this application. Staff found nine instances of enclosed garages (without permits) on the adjacent block and 17 property line carports or garages within the vicinity of the property in question. For obvious reasons staff was unable to quantify the number projections into rear yard setbacks in the vicinity, but based on the above data, the previous R-1 zone requirement for 10 rear yard setbacks, from viewing historic aerial photographs and from staff's experience, structures encroaching into the required setbacks are common in this neighborhood. However, building permits issued for such improvements do not state the reductions of yards resulting from such improvements, and in some instances these improvements were constructed without benefit of permits. ENVIRONMENTAL ASSESSMENT AND NOTIFICATION The subject property is exempt from the California Environmental Quality Act (CEQA) per Section 15.301, which states that the minor alteration of existing private structures involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination will be categorically exempt from an environmental assessment. All property owners within 400 feet of the subject property have been notified of the public hearing. The applicant has provided correspondence in support of granting of this variance. L)OUGLAPrR. EVANS Director of Planning and Zoning City Manager L ATTACHMENTS 1. Vicinity Map 2. Correspondence 3. Application 4. Planning Commission minutes November 13, 2002 5. Conditions of Approval for garage and patio approval NOTICE OF PUBLIC HEARING CITY COUNCIL Case No. 6.465 An appeal by Thomas Flanagan of a Planning Commission decision to require three-foot side yards at an existing single-family residence at 3863 Calle San Antonio, Zone R-1-D, Section 19. NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of January 15, 2003. The City Council meeting begins at 7 p.m. in the Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs. The purpose of this hearing is to consider an appeal by Thomas Flanagan of a Planning Commission decision in Variance Case No.6.465 to require three-foot side yards at 3863 Calle San Antonio. The property is zoned R-1-D (Single Family Residential zone). Pursuant to Section 21080(b)(9) of the Public Resources Code, the project is categorically exempt from environmental review under the California Environmental Quality Act (CEQA). If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to, the City Council hearing. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Alex Meyerhoff, Principal Planner, Department of Planning & Zoning, (760) 323-8245. A notice of Public Hearing is being sent to all property owners within four hundred (400) feet of the subject property. Patricia A. Sanders City Clerk Publish: The Public Record December 24, 2002 VICINITY. MAP . A SUNNY DUNES '�' qp, •+ O' O O © t O I © p ® OO i r © t . ,, ip Jl— t - --c":.iiE- _ •, + ,• -SA* ANrAVAQ { Vt, Q�. Q T 33 /3 t I .00 © 1.O a I r ♦ 1 r SITE I y t /36 's O T \\ OS 1 «J CITY OF PALM SPRINGS CASE NO, 6.465 DESCRIPTION APPLICANT App. fora variance to reduce the required Thomas Flanagan side yard and rear yard setbacks for an existing residence at 3863 Calle San Antonio, Zone R-1-D, Sect. 19 "1 YT TOM AND GLA YS FLANAGAN L4 M7Y �rEDE11�fD November 27, 2002 `.,CLEF" Ms. Patricia A. Sanders, City Clerk City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, California 92263 Subject: Variance Case No. 6.465 Dear Ms. Sanders: Enclosed please find our check in the amount of$290.00 to cover the filling fee for an appeal to the City Council. This appeal is made pursuant to Chapter 2.05 et seq. of the Palm Springs Municipal Code. My wife and I are appealing that portion of the decision of the Planning Commission, which requires that we remove the current garage/workshop structure on our side yard. This issue was addressed as Conditionals of Approval 6A& 613, as contained in Exhibit A of the November 13, 2002 staff report. This appeal is made on the grounds that all of the findings allowing for a variance were satisfied and that, considering all of the circumstance, the structure should be allowed to remain. Sincerely, - pz 1 Thomas Flanagan enclosure 3863 CALLL SAN ANTONIO, PALM SPRINGS, CALIFORNIA 92264 ql T AND GLADYS FLANAG August 9,2002 Mr. Alex Meyerhoff, Principal Planner D City of Palm Springs 3200 E.Tahquitz Canyon Way AUG 2 2 M Palm Springs,California 92264 PLANNING DIVISION Subject: Variances for existing structures 3863 E.Calle San Antonio 680-133-007 Dear Mr.Meyerhoff: Enclosed please find our completed Variance Application and fees,as well as the required materials. We are requesting approval of variances to the setback requirements for two existing covered patios. One patio cover is a workshop_area on the cast side of our house and one is a screened in patio by our pool on the south side. They are both of wood construction with hot-poured roofs. When we moved into this house in February 1966 these two patios covers were already in place. The one on the east side of the house was being used as a carport. The one in the south side was a covered patio_ Over the last 36 years we have"dolled-up"these covers,however they remain the same structurally today as when we purchased the property in 1966. It is clear, from the enclosed letters, one from a former neighbor and one from a former resident,that the foot print of the house has not changed. New remodeling in the front of our house, (walls, gates and drives),has raised the question of whether or not these structures had been permitted when they were originally built. As we plan to make this our home for the rest of our lives, we are quite concerned that these structures are properly permitted. Apparently,the first step is approval of the variances. We feel the best argument for approval of the requested variances is the fact that they have been in existence for at least 37 years with no one complaining. We simply can not see how our property is a detriment to either our neighbors or the city. We have always tried to keep our place in good repair and appearance,(please see photos). For the reasons stated above we respectfully request approval of our necessary variances. Thank you for your kind consideration and corporation in this matter. Sincerely, On! e� Thom 'Gladys Flanagan Enclosures qAJ 3863 CALLE SAN ANTONIO PALM SPRINGS, CALIFORNIA 92264 TOM AND GLADYS FLANAGAN RECEIVED Mr.Alex Meyerhoff, Principal Planner City of Palm Springs OCT 2 2002 3200 E. Tahquitz Canyon Way Palm Springs, California 92264 PLANNING DIVISION Subject: Variance Number 6—465 3863 E. Calle San Antonio Dear Mr. Meyerhoff: Enclosed please find 15 letters of support for the above referenced variance. As you can see every property owner adjacent to our home is in favor of approval of the requested variance. We would greatly appreciate it if you would make the planning commission aware of our neighbors support. If there are any further questions please call so we may discuss them fully. Thank you for your kind consideration and cooperation in this matter. Sincerely, /0 -%az Thomas and Gladys Flanagan Enclosures 3863 E. CALLE SAN ANTONIO, PALM SPRINGS, CALIFORNIA 92264 PATRICK PATENCIO ECE5WE AUG z z 2002 D August 8, 2002 { I_A N!NI !IG DIVISION Palm Springs Planning Department P.O. Box 2743 Palm Springs, CA 92263-2743 Dear Sir: I was a resident of 3863 Calle San Antonio during the spring and summer of 1965. My sister, Beverly Patencio Diaz, owned the house. At the time I lived there the house had a carport on the left side and a large awing covering a patio in the back. It also had a large game room with sliding glass door across the front. This room had a small bathroom in one comer. hope this information is helpful. Sincerely, 68071 Grand View Avenue Cathedral City, California 992234 { Elizabeth Owens �� ��E August 5, 2002il. AUG 2 2 2002 PL.d'MiNG DIVISION Alex Meyerhoff City of Palm Springs P.O. Box 2743 Palm Springs, California 92263 Dear Mr. Meyerhoff From 1963 until 1999 I lived at 3880 Calle San Antonio. I was across the street from Tom and Gladys Flanagan at 3863. At the time they moved into 3863, in 1966, I distinctly remember that the two-car garage was converted into a family room. There was a covered carport on the east side of the house that went to the fence, and there was also a covered patio in the back, off the dinning room. The house was in bad repair when they moved in. Tom and Gladys put it right within the first year. They were always good neighbors and kept their place better than most anyone in the area. Yours truly, 39 Safari Park Drive Palm Springs California 9226 iRECEIV" M .AlexMeyerho�PrincipalPlanner [PLA(NNING DIVISION City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, California 92264 Subject: Variance Number: 6- 465 3863 E. Calle San Antonio Dear Mr. Meyerhoff: I am writing in support of the above referenced variance. Please inform the Planning Commission that I am requesting approval of this application. Sincerely, Jaime and Maria Zatarain 561 S. Desert View Drive Palm Springs, California 92264 RECEIVED Mr.Alex Meyerho� Principal Planner OCT 2 2,',2 City of Palm Springs 3200E. Tahquitz Canyon Way PLAf�NING f�iIION Palm Springs, California 92264 Subject: Variance Number: 6 - 465 3863 E. Calle San Antonio Dear Mr. Meyerhoff: I am writing in support of the above referenced variance. Please inform the Planning Commission that I am requesting approval of this application. Sincerely, Ruth Sale 3820 E. Calle San Antonio Palm Springs, California 92264 RECEIVED Mr.Alex Meyerhof�Principal Planner 2 City of Palm Springs 3200 E. Tahquitz Canyon Way PLANNING MVISION Palm Springs, California 92264 Subject: Variance Number: 6 -465 3863 E. Calle San Antonio Dear Mr. Meyerhof. I am writing in support of the above referenced variance. Please inform the Planning Commission that I am requesting approval of this application. Sincerely, . Robert and Julia Philbrook 829 Arroyo Vista Drive Palm Springs , California 92264 RECEIVE D OCT 2 2002 PLANNING DIVISION Mr.Alex MeyerhoM Principal Planner City of Pain Springs .. . . . . 3200 E. Tahquitz Canyon Way Palm Springs, California 92264 Subject: Variance Number: 6- 465 3863 E. Calle San Antonio Dear Mr. Meyerhoff: I am writing in support of the above referenced variance. Please inform the Planning Commission that I am requesting approval of this application. wu� Ir and Janeth 29gYbQyani�r � 3813 E. Calle San Antonio Palm Springs, California 92264 6?M1Y RECEIVED Mr. Alex Meyerhof, Principal Planner OCT 2 2002 City of Palm Springs 3200 E.TahquitZ Canyon Way I'L'AI�INIfVG DIVISION Palm Springs, California 92264 N Subject: Variance Number: 6-465 3863 E. Calle San Antonio Dear Mr. Meyerhoff: I am writing in support of the above referenced variance. Please inform the Planning Commission that I am requesting approval of this application. Sincerely, Patricia Hawkinson 3894 E. Calle San Raphael Palm Springs, California 92264 RECEIVED OCT 2 2002 1W. Alex Mcyerhof�Principal Planner City of Palm Springs PLANNING DIVISION 3200 E. Tahquitz Canyon Way Palm Springs, California 92264 Subject: Variance Number: 6 -465 3863 E. Calle San Antonio Dear Mr, Meyerhoff: I am writing in support of the above referenced variance. Please inform the Planning Commission that I am requesting approval of this application Sjncfrely, Joann Sendejas 3980 E. Calle San Antonio Palm Springs, California 92264 RECEIVED Mr. Alex Meyerhoff, Principal Planner City of Palm Springs OCT 2 2002 3200 E. Tahquitz Canyon Way Palm Springs, California92264 PLANNING DIVISION Subject: Variance Number: 6 -465 3863 E. Calle San Antonio Dear Mr. Meyerhoff: I am writing in support of the above referenced variance. Please inform the Planning Commission that I am requesting approval of this application. Sincerely, Donna Hart 3784 E. Calle San Raphael Palm Springs, California 92264 RECEIVED OCT 2 2002 Mr,Alex Meyerhof, Principal Planner 3200E.ty of Palm hquitz an PLANNING DIVISION 3200 E. Tahquitz Canyon Way Palm Springs, California 92264 Subject: Variance Number: 6-465 3863 E. Calle San Antonio Dear Mr. Meyerhoff: I am writing in support of the above referenced variance. Please inform the Planning Commission that I am requesting approval of this application. Sincerely, Clene and Susan��, 3884 E. Calle San Raphael Palm Springs, California 92264 RECEIVED OCT 2 2002 Mr. Alex Meyerhoff, Principal Planner City of Palm Springs PLANNING DIVISION 3200 E. Tahquitz Canyon Way Pabn Springs, California 92264 Subject: Variance Number: 6-465 3863 E. Calle San Antonio Dear Mr. Meyerhoff: I am writing in support of the above referenced variance. Please inform the Planning Commission that I am requesting approval of this application. Sincerely, ack an ail gore 3740 E. Calle San Antoifio Palm Springs, California 92264 Mr.Alex Meyerhoff, Principal Planner RECEIVED City of Palm Springs 3200 E. Tahquitz Canyon Way OCT 2 2002 Palm Springs, California 92264 PLANNING DIVISION Subject: Variance Number: 6-465 3863 E. Calle San Antonio Dear Mr. Meyerhoff: I am writing in support of the above referenced variance. Please inform the Planning Commission that I am requesting approval of this application. Sincerely, Magdalena Morlina 3920 E. Calle San Antonio Palm Springs, California 92264 RECEIVED OCT 2 2002 Mr.Alex Meyerhoff, Principal Planner PLANNING DIVISION City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, California 92264 Subject: Variance Number: 6:465 3863 E. Calle San Antonio Dear Mr. Meyerhoff: I am writing in support of the above referenced variance. Please inform the Planning Commission that I am requesting approval of this application. Sincerely,/ ✓��� die, Thomas and Cynthia Flanagan,Jr. 3883 E. Calle San Antonio Palm Springs, California 92264 �'v9 al RECEIVED OCT 2 2002 Mr,Alex Meyerho]X Principal Planner PLANNING DIVISION City of Palm Springs N 3200 E.Tahquitz Canyon Way Palm Springs, California 92264 Subject: Variance Number: 6-465 3863 E. Calle San Antonio Dear Mr. Meyerhof I am writing in support of the above referenced variance. Please inform the Planning Commission that I am requesting approval of this application. Sincerely, los& Sbaron Abrille✓� P 3860 E. Calle San Antonio Palm Springs, California 92264 L RECEIVED OCT ; 2 2002 Mr,Alex Meyerho$ Principal Planner P LA N I";I N C-DIVISION City of Palm Springs 3200 E. Tahquitz Canyon Way Palm.Springs, California 92264 Subject: Variance Number: 6 -465 3863 E. Calle San Antonio Dear Mr.Meyerhoff: I am writing in support of the above referenced variance. Please inform the Planning Commission that I am requesting approval of this application; Sincerely, tJerre Williamson 33 E. Calle San Antonio Pahn Springs, California 92264 RECEIVED OCT . 2 2002 Mr.AlexMeyerho� PrincipalPlanner PLANNING DIVISION City of Pabi Springs 3200 E. Tahquitz Canyon Way Palm Springs, California 92264 Subject: Variance Number: 6 -465 3863 E. Calle San Antonio Dear Mr. Meyerhoff: I am writing in support of the above referenced variance. Please inform the Planning Commission that I am requesting approval of this application. Sincerely, Saul Zatarain 3983 E. Calle San Antonio Palm Springs, California 92264 1-7 RECEIVED OCT 2 2002 Mr.Alex Meyerhoff,Principal Planner P L A N I'di� City of Palm Springs — DIVISI�� 3200 E. Tahquitz Canyon Way Palm Springs, California 92264 Subject: Variance Number:6-465 3863 E. Catle San Antonio Dear Mr. Meyerhoff: I am writing in support of the above referenced variance. Please inform the Planning Commission that I am requesting approval of this application. Sincerely, , Qsco P. 16Q. Oscar Martin and Silvia Lizarraga 3880 E. Calle San Antonio Palm Springs, California 92264 Office Use Only DATE SUBMITTED S'22 "a2 DIVISION CASENO.ObS :. -' PLANNER Q'M CITY OF PALM SPRINGS Department of Planning & Building Variance TO THE APPLICANT: Your cooperation in completing this application and supplying the information requested will expedite City review of your application pursuant to local procedure. Applications submitted will not be considered complete until all submittal requirements are met. Please submit this application and subsequent material to the Department of Planning & Building_ PROJECT ADDRESS: 3863 Callp. San Antonio APPLICANT'S NAME: Thomas Flanagan Check One: PTOwner ElLessee Authorized Agent OWNER'S NAME (Please Print): Thomas .Flanagan Mailing Address: 3863 E. Calle San Antonio Palm Springs, CA 92262 Telephone Number: _(760 )327-2298 TO THE PLANNING COMMISSION: 1, (we) the undersigned, applicant(s) for the property described below, hereby request that you grant a Variance to allow the use described as follows: A. Grant a 7.5 'variance to side yard set back requirements for an existing "covered workshop area. B. Grant a 2 . 51variance, to rear yard set back requirement for an existing covered patio. dll Variance I PROTECT SITE INI+ORMATION Property Name(if any): our home Assessor's Parcel Number: 680 133 007- Zone: R1D Land Use: Single Family Residence Section/Township/Range: 19 / 4S / 5E Is this project on fee landU or Indian trust land ❑? (Check One) f Variance Revised 11/98 � } 67/Tc-27 ' r r The Zoning Ordinance requires that the following four (4) conditions be established and considered by the Planning Commission before a Variance can be granted. Please respond to each of them by indicating how they are applicable to the property in question. 1. The special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, and the strict application of the Zoning Ordinance would deprive the subject property of privileges enjoyed by other properties 4n the vicinity and under identical zone classification. The requested variances, on subject substandard lot, are for existing patio covers that were constructed prior to 1965. The strict application of the zoning ordinance would deprive the applicant of the same privileges enjoyed by others in the vicinity because there are many other properties in the vicinity with identical zone classification that have setback encroachments of this nature and vintage. 2. Any Variance granted shall be subject to such conditions as to assure that the adjusfinent'~ thereby authorized shall not constitute a grant of special privilege inconsistent 'witti the limitations upon other properties in the vicinity and zone in which the subject property is situated. The granting of this variance will not ronstitnte a grant '6f�) Gp,4cial privilege because there are many other properties in the vicinity' , and same zone that have setback encroachments of the sameli 'a'ture , and vintage as these existing patio covers . 3. The granting of the Variance will not be materially detrimental to the public health, safety, convenience, or welfare or injurious to the property and improvements in the same vicinity and zone in which the subject property is situated. The granting of these variances will not be detrimental' to the pub is ealth, safty, convenience, or welfare or injurious to the property and improvements in the same vicinity and zone because these encroachments have been in place for in excess of thirty- seven years without any detrimental consequence. 4. The granting of such Variance will not adversely affect the General Plan for the City. The granting of these variances will not adversely affect the General Plan because these encroachments have existed in excess of thirty-seven years. Therefore the approval of these variances will not establish a precedence beyond the scope of these re- guests. TFIE FOLLOWING FORMS MUST BE FILLED OUT WITH A STATE OF CALIFORNIA NOTARY PUBLIC PRESENT. SELECT THE FORM WHICH BEST FITS THE TYPE OF AUTHORI7A770N. OWNER AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss I (WE), Thomas and Gladys Flanagan BEING DULY SWORN, DEPOSE AND SAY THAT I, (WE) AM (ARE) THE OWNER OR OWNERS HEREIN NAMED AND THAT THE FOREGOING STATEMENTS AND ANSWERS HEREIN CONTAINED AND THE INFORMATION HEREIN SUBMITTED ARE IN ALL RESPECTS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. Name Thomas and Gladys Flanagan Phone 7rn 977_999A (Please Print) Mailing Address 3863 E. Calle San Antonio City Palm Springs State Cal ; fnrn;a 92264 Signature(s) � �9="*/� Subscribed and sworn to before me this q�/ day of &Uus 1A Aao� Notary Public in the State of TALI role N I A with principal office in the County of {�1 J�►ZS I�E ` i:WF'Iv4a.xry =€x• YIbDICIGSON�- .cd�LYbt� CatrmhstanlllllMfll�= 3 )FloiarP++[�1c�laoaord" i�rd�nr�e�i��t Variance CITY OF PALM SPRINGS PLANNING COMMISSION MINUTES November 13, 2002 Council Chamber, City Hall 3200 East Tahquitz Canyon Way Palm Springs, California 92262 ROLL CALL Present Present FY 02-03 This Meeting to Date Excused Absences Philip Klatchko, Chair X 8 1 Jon Caffery, Vice Chair X 7 2 Mark Matthews X 9 0 Jon Shoenberger X 9 0 Jerry Grence X 9 0 Dianne Marantz X 8 1 Tracy Conrad 8 1 STAFF PRESENT: Douglas R. Evans, Director of Planning &Zoning Alex Meyerhoff, Principal Planner Dave Barakian, City Engineer ` Carol Templeton, Engineering Assistant Jing Yeo, Associate Planner Michele Boyd, Administrative Coordinator Chairman Klatchko called the meeting to order at 1:37 p.m. * * ** * The November 13, 2002 agenda was available for public access at the City Hall exterior bulletin board and the Department of Planning &Zoning counter by 4:00 p.m., November 01, 2002. APPROVAL OF MINUTES: None. *** ** Page 4 of 9 Planning Commission Minutes November 13, 2002 PUBLIC HEARINGS: Case 6.465—Application by Thomas Flanagan for a Variance to allow an existing 7.5 foot rear yard to permit a enclosed patio,the elimination of the garage, and waive code requirements for covered parking and the reduction of a portion of the east side yard setback to permit an existing covered tandem parking garage located at 3863 East Calle San Antonio, Zone R-1-D, Section 19. Commissioner Shoenberger abstained due to a conflict of interest. Alex Meyerhoff, Principal Planner,reported that staff found nine instances in the surrounding single family residential area which have enclosed garages and 17 property line carports or garages. He reported that the number of rear yard setbacks was not determined by staff but that historic aerial photographs show structures encroaching into the required setbacks in this neighborhood. He reported that, in most instances, improvements into the setback areas have been constructed without permits. He reported that the subject lot area is 6,375 square feet and is substandard in area and depth. He clarified that the subject application has been filed in response to a Notice of Violation. He reviewed exhibits for the Planning Commission. Director clarified that'a garden wall is being utilized as structural support for a shed roof and cracks in that wall exist, that a zero-lot line is a violation of the Zoning Ordinance, and it is also a violation of the California Building Code(which prohibits combustible materials being used for construction at lot lines). Chairman Klatchko opened the Public Hearing. Mr. Tom Flanigan, applicant,addressed the Planning Commission to request approval of a 2.5 foot rear yard setback and a 7.5 foot side yard setback. He stated that he has owned the property since 1966 and that, until her recent death, his mother lived next door. He stated that his children now live next door. He stated that the patio covers were in place when he purchased the home and he never questioned the legality of the structures as there are several others in his neighborhood. He reported that he installed a pool in 1978 and had several inspections done by the City at that time and there was no mention of the setback issues then. He stated that his wife would like the increased security that the requested variance would provide and that he has recently spent $30,0Q0 remodeling to improve his property. He thanked the Planning Department staff for their assistance after he received the Notice of Violation noting that staff met onsite with him several times. He stated that having to rebuild the workshop to a three-foot setback would destroy the true utility of the workshop and make it a six-foot by 37-foot cupboard and would cost, according to his contractor, more than $10,000. He stated that the contractor also said that repairing the existing substandard block wall would be one-fourth that cost. He submitted photographs to the Planning Commission (on file in the Planning & Zoning Department). He stated that no one in his neighborhood ever complained about his home or lot and that he has 15 letters signed by 23 people supporting his application. He stated that he agrees with the Conditions of Approval with the exception of Condition No. 6. He requested that the Planning Commission approve his application. Page 5 of 9 Planning Commission Minutes November 13, 2002 There being no further appearances, the Public Hearing was closed. Commissioner Marantz asked staff to clarify the requirements of Condition No. 6. Director reported that the California Building Code requires three-foot setbacks and one-hour fire walls on property-line structures, in addition to conformance with all other code-related issues. Commissioner Matthews asked staff to review a recent application to the Planning Commission for a property-line pool-house and also to review the City's process for Notices of Violation. Director confirmed that the application to which Commissioner Matthews referred was denied by the Planning Commission and a three-foot setback was required. He reported that, if the Planning Commission requires reconstruction of the building and the applicant does not comply, the case will be sent to the City Attorney for initiation of the legal process to compel the property owner to move the building. He,reported that, if administrative remedies are not successful, the Court will uphold the City's requirements. He clarified that the applicant could appeal to the City Council if not satisfied with the Planning Commission decision. He stated that the applicant for the recently denied property-line pool-house appealed the Planning Commission decision to the City Council and stated that he would not move the pool-house; however, Director reported, the structure has since been demolished. He further reported that the Planning Commission could impose time/place/manner conditions on all issues with this application and stressed the importance of the fact that the City must use diligence in enforcing all codes and safety requirements. Commissioner Marantz stated that she has driven through the neighborhood several times and has noted many code violations and asked staff to comment. Director agreed that there are many unpermitted additions in the subject neighborhood which need to be addressed. He stated that there is one Community Preservation Officer assigned to a large area (one-fourth of the City) which includes this neighborhood and that Notices of Violation are primarily complaint-driven —that new property owners frequently call the City to confirm whether or not a neighbor's property conforms to City codes. He reviewed the challenges of City building inspectors being called to inspect only one area of a home and not having access to all areas which may or may not include code violations. He confirmed that the property owner is responsible for code violations and that it would be a buyer/seller issue if the violations existed at the time of sale. He clarified that structures are considered"temporary" and can not be considered as grounds for a variance. Commissioner Caffery commented that this type of Planning Commission decision is extremely difficult as each commissioner sympathizes for the homeowner; however,findings must be met to approve a variance to City codes and decisions must be consistent with past practice. Commissioner Matthews invited the applicant to the podium. Mr. Flanigan addressed the Planning Commission to state that,if he thought his garage conversion was a problem to the neighborhood, he would tear it down but he does not. He stated that he -3 0, �- Page 6 of 9 t„1 Planning Commission Minutes November 13 2002 would like the Planning Commission to act on his application today and, though he would prefer to have a zero-lot line approved; he would accept the decision of the Planning Commission even if it means living with the three-foot setback in order to avoid drafting long legal documents or engaging City staff further. Commissioner Matthews stated that it is the Planning Commission's responsibility to require compliance with the zoning codes. M/S/C(Matthews/Marantz 5-0, 1 abstention,1 absent)to approve subject to Conditions of Approval and revising Condition No. 7 to allow the applicant up to six months to apply for permits, one year to obtain permits, and two years to remove all unpermitted structures. The Planning Commission was adjourned for a break at 2:45 p.m. and was called back to order at 2:55 p.m. Case 5.0926 — PD 278 — TPM 30843 — Application by Regal Homes, Inc. for a Planned Development District and Tentative Parcel Map to divide 30,055 square feet of land into four single family residential lots,related architectural approvals,and associated on-and off-site improvements for property located at 3101 North Indian Canyon Drive, R-G-A(6) Zone, Section 3. Jing Yeo,Associate Planner, reported that the four proposed lots will be for one-story homes (with attached two-car garages) 2,168 square feet in size with a maximum height of 15.5 feet. Project parking includes eight covered parking spaces and eight open parking spaces. She reported that each unit will include a pool and that a perimeter wall is proposed for noise reduction purposes. She reported that access to the property will be from a gated entry on San Carlos Road and that the pre-application was reviewed threetimes by the Design Review Committee and the application now reflects the minor issues recommended by that Committee,which supports the project. She reviewed the exhibits for the Planning Commission. Chairman Klatchko opened the Public Hearing. Mr. Juan Carlos Ochoa, project architect, addressed the Planning Commission to clarify that the noise study recommended a sound wall six feet in height but that the proposed wall includes indentations and other aesthetic accents to make it more appropriate for the project design and neighborhood. He reviewed architectural plans for the Planning Commission. Ms. Charlene Claybourne addressed the Planning Commission to state that she is a realtor and lives in the subject neighborhood and has concerns regarding the density in the area, noting potential traffic issues at Indian Canyon Drive. She stated that she is concerned with the density at Racquet Club Road and Indian Canyon Drive should a senior housing project be approved at that comer,when added to the existing number of care facilities in the area. She stated that there are many other lots for sale right now that would not require subdivision for this type of project. There being no further appearances, the Public Hearing was closed. EXHIBIT A Variance No. 6.465 Thomas Flanagan 3863 E. Calle San Antonio January 15, 2003 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the Director of Planning and Zoning. 1. The subject addition shall meet all other applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The setback variance granted shall be applicable only to the existing structures as specified, and shall not be applicable to any other structures or future modifications other than those required by this variance. 3. The Planning Commission or City Council may, after notice and public hearing, revoke this variance for noncompliance with any of the conditions set forth in granting this variance. 4. That the rear yard setback of 7.5 feet is granted. 5. That the elimination of the required garage and required parking requirements is approved. 6. That the existing structure located on the east property line is approved subject to the following; A. That the structure shall be modified whereby a three foot setback is provided to all portions of the structure including but not limited to columns, walls and/or roof structure. B. That all existing improvements located on the property line wall shall be removed. 7. That building permits for the enclosed patio and garage conversion are required. In the event permits and all required inspections are not applied for within six months of the approval date of this variance and all improvements and inspections completed within two years of the approval date, this variance shall become null and void and all un-permitted structures shall be removed (workshop and patio structure) or restored to the originally permitted condition (garage) within six months of the approval date. 8. The applicant shall have two years to complete Condition #6. FsaO�,\GJt,`o ddt"sf�p�os`0��i i 680 24 010 — Robe Sawn 9324-St`te yvc �WA_ 98270 , pti q�ti GP 44�ti0 / 68 D ./ keV�s23 014 Sa ?226 "i 4 CARLOS ELIAS Civil Engineer 3882&Charlesworth Dr. Cathedral Cityy, CA 92234 OTPU) 328.7271 5%12UCIU�RL CffLCUC�h1fON5 ��� � 7W 38G3 C14GGE S�NAN7oN10 � � P4LM SP1210051 CA , ell V�y & ROOFING 3.0 4/S,F. 80 mpigI WIIVD PKE55,= 112,IIpLYWb, 1, 5 SEISMft 8056THE4R= 2.5('a. W_ T.5 ,44)u 0,175 W ZxloC' 2g'a,c,— 0,9 Now I7, L, 5 Of5, F COEFp, 57 Tic r-gic-rloN= tj,(,5 Gouc, SLK. C&Ic. Wr, OF FRRMED WALL = 12 IS,F r � WALL W/ stucco 2x6e Z8"O'c. .o ro °THICI< Cow, $3Q II coox6Rl2 CHu �7n SECTION LOOKING NORTH LRTERr:FL Gnl4D5 NORTH- 51M-H Oi(kECtION WINO = ! 0(,5)46-?A4 3484 9t5ismC, Roof 90(4.25) 5,4 + l5(+z) P2n�r wgLL 18f 13 # I2,5('gJ)9E1p1F. 3LK,WALL + 100(37)VWFINF, BLK, WALL g3Z5 SsISMIG = 11, 193(, 175)= I1SO r CDN•rROLS I III 14'34 RBSlsT4NGE or WIJLL tr66IMST SLICING- 93Z5(,65) = (00(00-0 0K� fo'"00>1950 (o"COIC, ULK, IFOUN. 3000 7RICKNESS= 3,4 ew fV l9Sv�3q� = 14,3 /;+1 �V= z5 e) z5 > I4.3 l r.l NO. 1683,9 ML .F; i �( izlzgloz G'JA�C, lSLK, f3F,rYRWG STRESS LnaYD e Cpc.H sru0. r2814( sAJ-yo) t 2(2)-- 1Z34 24 �W• 23 = 5,0 psi gkNG. 57-Rl5SS 5,5 4,5 2 (675) r1 - /�1�y�1 = /33 psr kwWr}ecrl L l4o( CONIC. �LK. w6cc 15 S77ZJG7U2AtLy f3yeQuAly- Foe T� U"TIc6L HUMUNT4'L Log 0$ D F 7-071 6/0171NG C,"PORT S TR.V a7U/LS . i,�/�,u„rc5�/ON 'OS •ec� No, �16839 v t � �Q �rc�'c c��tri - lIs [CJZ eiWwE A-S+MPSW LTTi9 7i NS10N trss 'HI 3/9'4 R. BOLTS 4 FEUELEA MSNERS, RACE. �"IES X. 12'-O" IgPORT, 2�c(j STUNS Co 3/g"PCYWD, 5HEATI4. ENTIRE WALL ZE3,, a,c, 5T uCCo 518 'd� RAP15raTI96D P•I60D V,1606E /WCHMS C 48 "O,c, G"TNfCK CONC. PIT, WigYHV5, E"86D AnogngS 4" t3LK. WALL. MIN. IN70 13LK. WADI. I.C. 6.0. 13�2 �i�PSoN R34E+3c�{ No 16839 \� 9r� NIL 4eQCOQ. 2 _ `� it ,; 4or o I � c 11 I i �8 c cox Dc I! I Ili j PLsr=z FA a/j r r' oars oe �Lk5 Ter ! f}LL 2.X6 7-XG 4- 12:rf io^' " f` Lhi 1XG a�h-RO `i' S r cv.0 Ncrrn��5 Rr1-F7iA 1' Lar:.. N r.rr :- /rii :' L n ,trLEc w r- [ O G K Ltd I'r L 1'1l h V>L� Sr�.r,Vr�� E.9-.ST C G(//'.rLL C(jLoc(5'� f."rtt p( tnc�?0 -2X6k..Fitri 7.X4�Cta c-e r,�'G 7oF pLN<t IVORT-H X v g r L e To Rl+-F 4 1 0� �T � Nhf1- Y O LL A S P j if Ro co rn I /�vofrvGr�rrrs �rf co N Ix FI33N1`��'3 0 N Earth Systems .Southwest 79-811B Country Club Drive Bermuda Dunes,CA 92201 (760)345-1588 (800)924-7015 FAX(760)345-7315 December 17, 2002 File No.: 08969-01 02-12-750 Mr. Tom Flannigan 3863 Calle San Antonio Palm Springs, California 92264 Subject: Masonry Wall —Forensic Testing Project:. ; . -3863 Calle San-Antonio Palm Springs, California On December 16, 2002, a representative of Earth Systems Southwest was requested to assess the internal structure of a concrete masonry wall located at the eastern property line of the above referenced site. During this visit, we visually observed the wall and using a German Industries CM- 52 Pachometer, we were able to identify and locate reinforcing steel in the wall and footing within the limitations of the equipment used. The footing of the subject wall was excavated on both the eastern and western side to expose top, sides and bottom of the footing, which revealed the footing to be 7 inches in depth and 12 inches in width. The reinforcing steel within the footing appeared to be one #4 reinforcing steel bar continuous with Il4 reinforcing steel dowels that were located at approximately 48 inches on center for the first 20 feet of the northern end of the wall. The 4" X 6" X 12" CMLI wall was also non-destructively tested to locate the reinforcing steel. The wall was tested across both faces and was found to have vertical 114 vertical reinforcing steel bars at approximately 48 inches on center for the first 20 feet of the northern end of the wall, with the remainder of the wall having no vertical steel. No horizontal reinforcing steel was found at any location of the wall. By visual inspection the CMU wall is not fully grouted (see wall detail). The test results summarized in this report represent only the areas tested on the specified dates. No opinion is expressed as to the unifonnity of the material or adequacy of the material to perform its intended function. We trust the provided information meets your current needs. If you have any questions or need any additional testing, please call. Respectfully submitted, EARTH SYSTEMSSOUThIWEST Reviewed by, �oQ ,OG SSti yk C7 CE 38234 m Mark Houg lton Craig S. H 2 EXP.03/31/05 Testing and Inspection Supervisor CE 38234 s 27 CMt. Distribution: 2/Mr.Torn Flannigan �FOF OA0 0 IIRC File 2/BD File Vertical #4 reinforcing @ 4' O.C. , North 20' of wall Cells Not Fully Grouted # 4 reinforcing continuous Existing Grade — 12 in 08969-01 Wall Detail 3863 Calle San Antonio Palm S rin s California Earth Systems Not to scale Southwest AFFIDAVIT OF MAILING NOTICES I, the undersigned City Clerk of the City of Palm Springs, California, do hereby certify that a copy of the Notice of Public Hearing before the City Council of the City of Palm Springs, in conjunction with Case No. 6.465, an appeal by Thomas Flanagan of a Planning Commission decision to require three-foot side yards at an existing single-family residence at 3863 Calle San Antonio, Zone R-1-D, Section 19, was mailed to each and every person set forth on the attached list on the 23rd day of December, 2002. A copy of said Notice is attached hereto. Said mailing was completed by placing a copy of said Notice in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. I declare under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs, California, this 23rd day of December, 2002. PATRICIA A. SANDERS City Clerk C NOTICE OF PUBLIC HEARING CITY COUNCIL Case No. 6.465 An appeal by Thomas Flanagan of a Planning Commission decision to require three-foot side yards at an existing single-family residence at 3863 Calle San Antonio, Zone R-1-D, Section 19, NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of January 15, 2003. The City Council meeting begins at 7 p.m. in the Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs. The purpose of this hearing is to consider an appeal by Thomas Flanagan of a Planning Commission decision in Variance Case No.6.465 to require three-foot side yards at 3863 Calle San Antonio. The property is zoned R-1-D (Single Family Residential zone). Pursuant to Section 21080(b)(9) of the Public Resources Code, the project is categorically exempt from environmental review under the California Environmental Quality Act (CEQA). If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to, the City Council hearing. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Alex Meyerhoff, Principal Planner, Department of Planning & Zoning, (760) 323-8245. A notice of Public Hearing is being sent to all property owners within four hundred (400) feet of the subject property. Patricia A. Sanders City Clerk Publish: The Public Record December 24, 2002 VICINITY MAP A SUNNY DUNES "'w' RD, /3/ /32 /O ® R , 0g r O O ! © R` �, T •'O Z P ® Q 3I Q © Q Jt Q 4 /c ,o r q ® +x SAN —.....-..:E[— � k SITE k!, Q t 5 t �C CITY OF PALM SPRINGS CASE NO. 6A65 DESCRIPTION APPLICANT APP. for a variance to reduce the required Thomas Flanagan side yard and rear yard setbacks for an existing residence at 3863 Calle San Antonio, Zone R-1-D, Sect. 19 __:„11096S.. aase1 slage j ssajppy ®AgVW Smooth Feed-SheetSTM Use template for 5160� MR CHUN KIM JEFFREY&MARGERY O'BRAY 3914 EAST CALLE SAN RAPHAEL 821 SOUTH NUEVA VISTA DR PALM SPRINGS CA 92264 PALM SPRINGS CA 92264 THOMAS&CYNTHIA FLANAGAN JR MR THOMAS FLANAGAN Mr. Flanagan Sr, at 3863 is the 3883 E CALLE SAN ANTONIO 3863 E CALLE SAN ANTONIO Applicant PALM SPRINGS CA 92264 PALM SPRINGS CA 92264 IE' MS BEVERLY CAPPS MR JACK YOUNG 826 ARROYO VISTA DRIVE 830 ARROYO VISTA DRIVE PALM SPRINGS CA 92264 PALM SPRINGS CA 92264 NEIGHBORHOOD COALITION(8) CASE. 6.465 - Labels: Oct. 9,2002 2nd mailing-November 1,2002 I Bob Seale Christine Hammond MR JOHN HURTER 280 Camino Sur 1155 S. Camino RealPO BOX 2824 Palm Springs, CA 92262 Palm Springs, CA 92264 PALM SPRINGS CA 92263 Philip Tedesco Tim Hohmeier Frank Tysen 1303 West Primavera Drive 1387 Calle De Maria Casa Cody Palm Springs, CA 92264 Palm Springs, CA 92264 175 South Cahuilla Road Palm Springs, CA 92264 Bob Weithorn MS JANE COWLES SMITH 261 South Belardo Road 12000 RUSHMORE Palm Springs, CA 92264 WHITEWATER CA 92282 nogIS ao1 aleldwal as0 Wislaa4s paaj 440out5 141Z846S , "aaIE, slags ssaa LXA2J3AW Mg 680 134 6 680 134 017 680 134 018 Chun Ki Mike Delgado&Gloria Delgado Mark&Cynthia Crocker 391 Calle n Raphael 3913 E Calle San Antonio 3933 E Calle San Antonio rlm Springs, 92264 Palm Springs, CA 92264 Palm Springs, CA 92264 680 135 001 680 135 002 680 135 003 Michael&Mercelyn Gonzales Ruben Zepeda Ballesteros Esmeraldo&Victoria Coloma 3935 E Calle San Raphael 3951 E Calle San Raphael 3991 E Calle San Raphael Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92264 680 135 012 680 136 001 680 136 002 Martine&Jacques Guiragossian Pilareta Opaon&Benny Agriam Michael Gonzales&Mercelyn Gonzale 840 S Avenida Evelita 821 S Avenida Evelita 855 S Avenida Evelita Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92264 680 136 003 680 136 004 680 523 001 Solon Rodas&Agripina Rodas Solon Rodas&Agripina Rodas Maximo&Amelia Jose 885 S Avenida Evelita 885 S Avenida Evelita 812 El Placer Rd Palm Springs, CA 92264 Palm Springs,CA 92264 Palm Springs, CA 92264 680 523 003 680 523 004 680 523 005 Richard Hoban Boyd Poulsen&Stella Poulsen Robert Olive 812 Arroyo Vista Dr 804 S Nueva Vista Dr 806 S Nueva Vista Dr Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92264 i `""'—o80 523 006 680 523 007 680 523 008 Martin Curtis Debra Dew Tracy Vernarsky 2715 SE Spyglass Dr 814 S Nueva Vista Dr 816 S Nueva Vista Dr Vancouver, WA 98683 Palm Springs, CA 92264 Palm Springs, CA 92264 680 523 009 680 523 010 680523011 Kenneth Van Horn Nedzad&Samija Ajanic Robert&Brenda Dryden 2390 E Nicola Rd N 820 S Nueva Vista Dr 824 S Nueva Vista Dr Palm Springs, CA 92262 Palm Springs,CA 92264 Palm Springs, CA 92264 680 523 012 680 523 013 680 523 014 Robert Hernandez Jesus Vega Kevin&Lisa Gillespie 826 S Nueva Vista Dr 828 S Nueva Vista Dr 830 S.Nueva Vista Dr Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92264 680 524 006 680 524 007 680 524 008 Teresa Vasquez David Mathews Robes[&Lynn Speck 67 835 S Nueva Vista Dr 845 Carroll Dr 823 S Nueva Vista Dr Palm Springs, CA 92264 Cathedral City, CA 92234 Palm Springs, CA 92264 6805)Nua 680 524 010 680 524 011 ;ffre ery O'Bray Robert Saunders Yolanda Schulte&Carol Swanney 821 S ' to Dr 9324 State Ave 833 GreenridgeDr Palm s, C 2264 Marysville, WA 98270 La Canada Flintridge, CA 91011 —AQTc for amdwal asn wis;aags paaA y;oowS 'WI065 aal slagB�X� 680 065 002 680 065 063 680 065 004 Amado Salinas Gerd Troska Carmelo Diaz 3761 E Camino San Miguel 52490 Avenida Madero 3711 E Camino San Miguel Palm Springs, CA 92264 La Quinta,CA 92253 Palm Springs, CA 92264 690 065 005 680 065 006 680 065 007 Gary Senner&Gary Senner Gary&Lucia Forma Betty Jo&Charles Barnes 3831 E Camino San Miguel 3861 E Camino San Miguel 1019 N Morris Ave Palm Springs, CA 92264 Palm Springs, CA 92264 West Covina, CA 91790 680 065 008 690 065 009 680 065 010 Gary&Judy Topolinski Ana Lozono&Carlos Barajas Joanne Plummer 3960 E Calle San Antonio 3862 E Sunny Dunes Rd 3832 E Sunny Dunes Rd Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92264 680 065 011 680 065 012 680 065 013 Ramon&Maria Elena Gonzalez Jose&Evelia Jimenez Rafael&Eva Martin Francisco Gonzalez 3782 E Sunny Dunes Rd 913 S Bamdal St 3812 E Sunny Dunes Rd Palm Springs, CA 92264 Santa Ana, CA 92704 Patin Springs, CA 92264 680 065 014 680 066 004 680 066 005 Rose&Joseph Garcia Jr. Clayr Aralquez&Patema Ramoran Arnold&Luzrelia Acacio Family Trust Garcia 3933 E Camino San Miguel 3910 E Sunny Dunes Rd 2099 E Tahquitz Canyon Way Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92262 680 066 006 680 066 007 680 131 002 Arthur Alfred Jurado Arthur Belmont Jaclyn&Kenneth Piner 3920 E Sunny Dunes Rd 3940 E Sunny Dunes Rd 3737 E Sumry Dunes Rd Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92264 690 131003 680 131004 680 131005 Carolyn Pellegrino William Legrave Adam Caudill 3767 E Sunny Dunes Rd 3787 E Sunny Dunes Rd 66650 Acoma Ave Palm Springs, CA 92264 Palm Springs, CA 92264 Desert Hot Springs, CA 92240 680 131 006 680 131007 680 131008 Guillermo Jimenez&Esequiel Jimenez Rosalina Sally Stachowski Marion Wade&Steven Wade 3837 E Sunny Dunes Rd 3867 E Sunny Dunes Rd 3887 E Sunny Dunes Rd Palm Springs, CA 92264 Patin Springs, CA 92264 Palm Springs, CA 92264 690 131 009 680 131 010 680 131011 Oscar Martin&Silvia Lizarraga Carlos&Sharon Abrille Jacquelyn Miller 3880 E Calle San Antonio 3860 E Calle San Antonio PO Box 1242 Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92263 690 131 012 680 131013 680 131014 Ruth Sale Angela Pulido Jr.&Carl Brenagh Charles Gibson PO Box 1154 3780 E Calle San Antonio NO STRE AME or NUMBER Palm Springs, CA 92263 Palm Springs, CA 92264 Pal rings, CA 92264 (491S_J0 W1096S Jasel slagel ssaJppN ®Au3At1 Q4 W 0965 aasel lapel ss pV ® 3A% 690 131 015 680 131 016 680 132 001 Jack Kilgore&Gail Kilgore Edward Scanlan&Patricia Scanlan Ida&Ronald Schwartz 1482 E Palm Tree Dr 1112 Wakefield Ida Schwartz Palm Springs, CA 92264 Anaheim, CA 92802 2321 S Araby Dr Palm Springs,CA 92264 690 132 002 680 132 003 680 132 004 Manuel &Perlita Vega Nestor&Shirley Jove Arthur Studebaker&Hope Studebaker 3937 E Sunny Dunes Rd 3967 E Sunny Dunes Rd 3987 E Sunny Dunes Rd Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92264 680 132 013 680 132 014 680 132 015 Joann Sendejas Gary &Judy Topoliuski Roger Jones&Fredrich Jones 77065 Florida Ave 3933 E Calle San Antonio 3940 E Calle San Antonio Palm Desert, CA 92211 Palm Springs, CA 92264 Palm Springs,CA 92264 680 132 016 680 133 001 680 133 002 Magdalena Morlrna Scott Krueger Luzviminda Madrid&Lemuel Madrid 3920 E Calle San Antonio 3713 E Calle San Antonio 3733 E Calle San Antonio Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92264 680 133 003 680 133 004 680 133 005 Gary&Kelly Phillips Carsolino Andrade&Guadalupe Andra Alan&Janeth Agbayam 3763 E Calle San Antonio 3032 Nevada Ave 3813 E Calle San Antonio Palm Springs, CA 92264 El Monte, CA 91731 Palm Springs,CA 92264 680 133 006 68 008 680 133 009 Jerrell Williamson Thomas rtl<Fan Gene&Susan Buzard 3933 E Calle San Antonio 3883 E Call 933 KregmontDr Palm Springs, CA 92264 Palm ngs, C Glendora, CA 91741 680 133 010 680 133 011 690 133 012 Patricia Hawkinson Jorge Gomez William Olvera 3864 E Calle San Raphael 3834 E Calle San Raphael 3814 E Calle San Raphael Palm Springs, CA 92264 Palm Springs,CA 92264 Palm Springs, CA 92264 680 133 013 680 133 014 680 133 015 Domra Hart John Camangian Prado Filomena Del 3784 E Calle San Raphael 3570 E Camino Rojos PO Box 446 Patin Springs, CA 92264 Palm Springs, CA 92262 Patin Springs,CA 92263 680 133 016 680 134 003 680 134 004 Donna Riley Allen Lettington SauyZatarain 3714 E Calle San Raphael 3963 E Calle San Antonio 2322 N Deborah Rd Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92262 690 134 013 680 134 014 680 134 015 Frank&Lugarda Reyes Jr. Arnulfo Gutierrez Reginald Montoya 3984 E Calle San Raphael Arnulfo Gutierrez Jr. 3934 E Calle San Raphael Palm Springs, CA 92264 3964 E Calle San Raphael Palm Springs,CA 92264 Palm Springs, CA 92264 nets joi aleidwai asn Wis;aa4S paaj 410ou1S TOM AMID GLADYS F LANAGAN November 27, 2002 as Ms. Patricia A. Sanders, City Clerk City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, California 92263 Subject: Variance Case No. 6.465 Dear Ms. Sanders: Enclosed please find our check in the amount of$290.00 to cover the filling fee for an appeal to the City Council. This appeal is made pursuant to Chapter 2.05 et seq. of the Palm Springs Municipal Code. My wife and I are appealing that portion of the decision of the planning Commission, which requires that we remove the current garage/workshop structure on our side yard. This issue was addressed as Conditionals of Approval 6A& 6B, as contained in Exhibit A of the November 13, 2002 staff report. This appeal is made on the grounds that all of the findings allowing for a variance were satisfied and that, considering all of the circumstance, the structure should be allowed to remain. Sincerely, Thomas Flanagan M enclosure li 3863 CALLT SAN ANTONIO, PALM SPRINGS, CAIT,EGRNIA 92264 Dec 10 02 11 : 35a P. 1 TOM AND GLADE'S FLANAGAN Via Fax 760 322-8332 December 9, 2002 Ms. Patricia A. Sanders, City Clerk City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, California 92263 T-IF Subject: Variance Case No. 6.465 Dear Ms. Sanders: Per our phone conversation today, we herewith request the City Council hearing date for our appeal regarding the above referenced case to be set for-ward to January 15, 2003. Thank you, Thomas Flanagan 76'0 418- 3863 CALLE SAN ANTONIO, PALM SPRINGS, CALIFORNIA 92264 PALM \ � rtr�» ti City of Palm Springs N Office of the City Clerk 3200 Tahq,=Canyon Way • Palm Springs,Cahfomia 92262 0 4 F �P i TEL.(760)323-8204 • PAX:(760)322-8332 • TDD:(760)864-9527 OF R�/"� December 8, 2002 Mr. Thomas Flanagan 3863 Calle San Antonio Palm Springs, CA 92264 Dear Mr. Flanagan: RE: Appeal of Palm Springs Planning Commission Decision dated November 13, 2002 Case 6.465 — Calle San Antonio I have received your request for appeal and payment of require fee of $290.00 for the above-mentioned case. Your appeal hearing has been set for January 15, 2003 before the City Council of the City of Palm Springs, in the Council Chamber, 3200 Tahquitz Canyon Way at 7:00 p.m. If you wish to provide any written material to the City Council, to be included in its agenda packet prior to the meeting, please furnish 10 copies to me no later than January 8, 2003. PATRICIA A. SANDERS City Clerk cc: Planning Post Office Box 2743 • Palm Springs, California 92263-2743 Proof of Publication In Newspaper STATE OF CALIFORNIA County of Riverside Emma Reyna says: 1. 1 am a citizen of the United States, a resident of the City of Palm Springs, CITY COUNCIL OFTHE CITY OF PALM SPRINGS County of Riverside, State of California, COMMUNITY REDEVELOPMENT AGENCY OF THE CITY and over the age of 18 years. - OF PALM SPRINGS OF 2. 1 am the Research & Production NOTICECASE NO.IC L6.4155 /NG CASE NO H Assistant of The Public Record, a AN APPEAL BY THOMAS FLANAGAN OF A PLANNING COMMISSION TO REQUIRE THREE-FOOT SIDE YARDS AT newspaper of general circulation printed AN EXISTING SINGLE-FAMILY RESIDENCE AT 3863 CALLS and published in --the- City--of Palm-- - - - _ _-SAN ANTONIO,ZONE R-I-D. SECTION 19 Springs, County of Riverside, State of NOTICE IS HEREBY GIVEN THAT the City Council of the Cary California. Said The Public Record is a of Palm Springs c'City Couri and the Community newspaper of general circulation as that Redevelopment Agency of the City of Palm Springs("Agency') will hold a Joint public hearing on Wednesday,January 16. term is defined in Government Code 2003,at approximately 7 p.m. in the City Council Chamber, section 6000, its status as such having 3200 E Tahquilz Canyon Way,Palm Springs,CA 92262. been established b judicial decree of the The purpose of the public hearing is to consider an appeal by Y ,Thomas Flanagan of a Planning Commission decision in Superior Court of the State of California n Variance Case N0.6.465 to require three-foot aide yards at 3863 Calls San Antonio. The property Is zoned R-1-D(Single and for the County of Riverside in Family Residential zone). PursProceeding No. Indio 49271, dated Code, 10 Section 21080 ally of the Public Resources Cade,the project is categorically exempt from environmental March 31, 1987, entered in Judgment review under the California Environmental Quality Act(CEQA). Book No. 129, page 355, on March 31, If any Individual or gmup challenges the action in court,issces 1987. raised may be limited to only those issues raised of the public hearing described in this notice or in written correspondence at, 3. The Public Record is a newspaper of or prior to, the City Council hearing. An opportunity will be given at said hearing for all interested persons to be heard. general circulation ascertained and Ouestlons regarding this case may be directed to Alex established in the City of Palm Springs in Meyerholl, Principal Planner, Department of Planning & the County of Riverside State of Zoning,(760)323-8246 California, Case No. RIC 358286, Filed Anin four Public Hearing feet of subject to allowners within lour Hundred 400)feel al the sub e P properly Patricia Sanders June 8, 2001. Gity Qlerk 4. The notice, of which the annexed is a December 24,31 January 7,2003 true printed copy, was published in the newspaper on the following publication VICINITY MAP dates to wit: December 24, 2002 December 31, 2002 January 7, 2003 - e I certify under penalty of perjury that the s . ® awe a , RtdI! above is true and correct. Dated at Palm Springs, California, this 7 th ---—csITE � lit day of January 2003. Emma Reyna Research & Production Assistant / 11 I `�ifJ r'p 68p0 •�i�V f fly. _ 386-I u06 Sp, hind to { nes aa4. C 922694e! F' •, 3 4 r t,�_ ` ` ;. �� k 1 �__�� S �� i�f �✓ h� ti� 9 o`' .ti1 ��' �GT o a, P $, b�1�T G�Puo�fi�4�o o � Q•��bh��{�� q� �` I i -. o' ,`�, ; ,- . ,�� .' , r °� �'�4i A. �_ v ' ;'�. PROOF OF PUBLICATION This is space for County clerks Film.-Stamp (2015.5.C.C.P) STATE OF CALII'ORNIA County of Riverside No.2727-- -- CITY OF PALM SPRINGS NOTICE OF PUBLIC HEARING PLANNING COMMISSION Case No. 6.465 Apppl.catiou by Thomas Flanagan for a variance to retluce the resulted side yard and rear yard set- I am a citizen of the United States and a resident of backs for an existing single-family residence at the County aforesaid;I am over the age of eighteen 3863 Calle San Antonio, Zone R-1-D, Section 19 years,and not a party t0 or interested in the NOTICE IS HEREBY GIVEN that the Planning above-entitled matter.I am the principal clerk of a Commission of the City of Palm springs, Califor- nia, will hold a public hearing at its meeting of printer of the,DESERT SUN PUBLISIUNG October 23, 2002. The Planning Commission meeting begins at 1:30 p To. (Public Hearing start COMPANY a newspaper of general circulation, at too p mh in the Council Chamber at City Hall, printed and published in the city of Palm Springs, 3200 E Tahqu.tz Canyon way, Palm Springs. County of Riverside,and which newspaper has been The "To .e of th.a hearing is to consider an ap- Pl.cmon by Thomas Flanagan to obtain the ap- adjudged a newspaper of general circulation by the proval of Variance Case No. 6465 to reduce the regcored side yartl and rear yard setbacks at 3863 Superior Court Of the County Of Riverside,State Of C. San Antonio The property is zoned R-1-D id California under the date of March 24, 1988.Case (Single Family Reaeniral zone) Number 191236;that the notice,of which the VICINITY MAP annexed is a printed copy(set in type not smaller than non pariel,has been published in each regular and entire issue of said newspaper and not in any _ supplement thereof on the followingdates,to wit; October Ili" -------------- J aril I ---------------------—------------- ___________—_ All in the year 2002 1 certify(or declare)under penalty of perjury that the c.tv or ante eaRieca foregoing is true and correct Dated at Patin Springs,California this y so GeesCro.,the pi ow t i llth b)(9) of the Public Be- Dated _____day s categoricallyy exempt October under the Calrtorma Environmental Quality Act(CEQA). Of------------------------_-----_-----2002 If any individual or group challenges the action In court, ..sues raised may be limited to only those sues raised at the public hearing described in the notice o. In written correspondence . n no- -M���l//O.Le-r— or to, the Planning n at miss he hearing. An op- '----'--------------------------------------------------------- portunity will be given a[said hearing for all inter- Signature thited s caseons to be re directed Questionseard to Alex Meyer hqq ts may be di off, Principal Planner, Department of Planning & Building, (760)323-8245. A Police of Public Hearing is being sent to all property owners within four hundred (400)feet of the Subject property. r�t /a/Douglas R.Evans `J / Director of Planning and Building r,,,i PUB: Optimal 11, 2002__