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HomeMy WebLinkAbout07/03/1990, 2 - APPEAL OF PLANNING COMMISSION DENIAL OF A REQUEST TO ALLOW A REDUCED STREET YARD SETBACK FROM 20 FE ^ �I�In�l��llAl„n�l — MEETING DATE: 'uIIW II In�u�l I'VII cityo san LUIS OBISPO July 3, 1990- y•Oo . Slags COUNCIL AGENDA REPORT ”N FROM: Arnold Jonas�Community Development Director; BY: Pam Ricci, Associate Planner pIt SUBJECT: Appeal of Planning Commission denial of a request to allow a reduced street yard setback from 20 feet to 14.5 feet for a carport on Del Norte Way, between Ramona Drive and Foothill Boulevard. CAO RECOMMENDATION: Adopt Draft Resolution No. 1 denying the appeal and upholding the decisions of the Planning Commission and the Hearing Officer to deny the request for a reduced street yard of 14.5 feet for a carport, based on findings. BACKGROUND: Proiect Description The applicants want to construct a carport in front of their house to provide a second covered parking space. The carport would be supported by 6-inch columns and have a corrugated fiberglass roof. The proposed carport would encroach 5 feet, 6 inches into the required 20-foot street yard, and would be set back 14 feet, 6 inches from the street property line. Data Summary Address: 132 Del Norte Way Applicants/Appellants: Howard and Shirley Walker Representative: Frank Lee, Martin And Steele Associates Zoning: R-1 General Plan: Low Density Residential Environmental Status: Categorically exempt under Section 15305.a. of CEQA Guidelines, Minor Alterations in Land Use Limitations. Site Description The irregularly-shaped site consists of about 8,100 square feet. It is developed with a house with attached garage. The bulk of the site is fairly flat, but there is a steep bank at the rear. A sidewalk has not yet been installed along the site's street frontage. The surrounding neighborhood consists of older single family residential homes. o ' 041124111 city of san Luis osispo COUNCIL AGENDA REPORT Use Permit A 40-90 Page 2 DISCUSSION 1. Staff Analysis of Street Yard Exception Request An administrative use permit was requested to allow the carport to encroach into the required 20-foot street yard setback. Staff's main concerns with the request have been that it would set an undesirable precedent for the neighborhood since other structures in the vicinity comply with street yard setback standards, and that a parking space in front of the house would not be aesthetically pleasing. The applicants' representative has submitted a series of photographs of structures in the vicinity. The photos are intended to provide examples of other sites in the vicinity where parking in the setback has been allowed. The distinction between these examples and the subject request are that the parking spaces in the setback shown are unenclosed and uncovered and allowed as shown. All of the structures shown in the photographs conform with the required 20-foot street yard setback. Section 17.16.020 of the zoning regulations states that "yards are intended to help determine the pattern of building masses and open areas within neighborhoods" and "to help provide air circulation, views and exposure to sunlight for both natural illumination and use of solar energy". To be consistent with these outlined objectives, enclosed or covered parking spaces in required street yards are not normally allowed. Generally, staff and the Architectural Review commission have not supported requests for parking spaces in the street yard because they are visually imposing and add to the clutter of the streetscape. To address visual concerns with the structure in the street yard, plans indicate that a tree and a hedge would be planted in the street yard in front of the carport. In staff's opinion, it will take some time for these proposed plants to become established to the point where they will actually provide the desired screening benefits. However, if the council chooses to support the appeal and allow the setback exception for the carport, staff would suggest a condition that a landscaping plan for the street yard, showing substantial screening of the parking space, return to planning staff for review and approval. . i��d�U city of San Luis OBISpo INIGN COUNCIL AGENDA REPORT Use Permit A 40-90 Page 3 2. Appellants' position The appellants' representative indicates in his attached appeal statement that the carport is needed to provide a second covered parking space for the Walkers. He disagrees with staff that the . proposal will set a neighborhood precedent because of the many vehicles that are parked within the street yards of homes in the residential area. He concludes that the carport will be architecturally compatible with the house and neighborhood. 3. Previous Review of the Use Permit Request The request was first scheduled for a public hearing on February 16, 1990. It was continued because neither the applicant nor the representative was present at the meeting. It was again scheduled for a hearing on March 30, 1990. On that date, the Hearing Officer took an action to deny the request based on staff's recommendation. Again neither the applicant nor the representative attended the meeting. No other public testimony was received at either meeting. An appeal letter was received by the city from the applicant's representative on April 6,1990. The appeal was considered by the Planning Commission on April 25, 1990. The Commission discussed the possibility of having an uncovered parking space within the setback constructed of an textured paving or brick with landscaping. However, the Planning Commission on a 6-0-1 (Rourakis absent) vote denied the appeal and upheld the Hearing Officer's original action to deny the use permit request for a reduced street yard. An appeal to the City Council was filed with the City Clerk on May 4, 1990. ALTERNATIVES 1. The Council may adopt Resolution No. 2 which would uphold the appeal and approve a 14.5-foot street yard for the requested carport. This action would indicate support for the appeal . It would allow the applicants to build the carport in the street yard as they would like to do. In staff's opinion, the main disadvantages of supporting the street yard reduction are the aesthetics of a carport in front of the house and the precedent-setting nature of allowing a covered parking space in the street yard. 01141 city of Sa►n tUls o81Spo COUNCIL AGENDA REPORT Use Permit A 40-90 Page 4 2. The Council may continue review with direction to the appellants and staff. This alternative would be appropriate if the council feels there is additional information needed, or if they would like to see changes made in plans.. prior to rendering a decision. RECOMMENDATION The Council should adopt Draft Resolution No. 1 denying the appeal and upholding the decisions of the Planning Commission and the Hearing Officer to deny the request for a 14.5-foot street yard setback for the proposed carport. Attached: Draft Resolution No. 1 (deny the appeal) Draft Resolution No. 2 (uphold the appeal) vicinity Map Site Plan Front Building Elevation Council appeal form/letter Letter of Appeal dated 4-6-90 Use Permit A 40-90 approval letter dated 4-2-90 Minutes of 3-30-90 administrative hearing Minutes of 4-25-90 Planning Commission meeting d:a40-90-2.wp P ORESOLUTION NO. (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE PLANNING COMMISSION'S ACTION TO DENY A REQUEST TO ALLOW A STREET YARD REDUCTION FROM 20 FEET TO 14.5 FEET FOR A CARPORT AT 132 DEL NORTE WAY BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of public testimony, the applicants' request A 40- 90, the appellants' statements, the Planning Commission's action, staff recommendations and reports thereon, makes the following findings: C 1. The exception will set a precedent for the neighborhood since other structures in the vicinity conform with required street yard setback standards. 2. The exception is not necessary for the applicant's full enjoyment and use-of his/her property. 3. The exception is not appropriate at the proposed location and will not be compatible with surrounding development. SECTION 2. The request for approval of an administrative use permit to allow a reduced street yard setback from 20 feet to 14.5 feet is hereby denied. On motion of seconded by and on the following roll call vote: AYES: NOES: OABSENT: a -5 City Council Resolution No. Page 2 the foregoing resolution was passed and adopted this day of , 1990. Mayor ATTEST: City Clerk APPROVED: (:City inistrative Officer C' y A ey k6, 1- Community Devel ment Director � 0 RESOLUTION NO. (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL OF THE PLANNING COMMISSION'S ACTION TO DENY A REQUEST TO ALLOW A STREET YARD REDUCTION FROM 20 FEET TO 14.5 FEET FOR A CARPORT AT 132 DEL NORTE WAY BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of public testimony, the applicants' request A 40- 90, the appellants' statements, and the Planning Commission's action, staff recommendations and reports thereon, makes the following findings: 1. The exception will not adversely affect the health, safety and welfare of persons residing on the site or in the vicinity. 2. The exception is appropriate at the proposed location and will be compatible with surrounding land uses. SECTION 2. Conditions. The proposed street yard reduction from 20 feet to 14.5 feet at 132 Del Norte Way, A 40-90, is hereby approved, subject to the following conditions: 1. The applicants shall submit a landscaping plan for the street yard to planning staff for review and approval showing substantial screening of the proposed carport. 2. The applicants shall submit a sample of an alternative roofing material for the carport to planning staff for review and approval. 3. The applicants shall install sidewalk along the property's frontage that meets city standards. Installation of the o sidewalk may be deferred if the property owner submits a covenant for recordation agreeing to install the sidewalk within 30 days of written notice from the City Engineer. J City Council Resolution No. Page 2 4. The applicants shall , install a street tree to city standards to the approval of the City Arborist. On motion of seconded by , and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this day of , 1990. Mayor ATTEST: City Clerk APPROVED: City Adm nistrative Officer t ne Community Deve o ment Director d:aplres.wp VICINITY MAP,- 1.32 DEL NORTE C' A40-90 y /%' iso '� ��• 9. -U+ A11.h • n(P1A� W w� 4 W-1—PD '�V� n.,. O= .O M �► � HI.111s p/N p Nw Q 0 I.1 1� its 0 F O O O Y~ w`i r r S [jl O yam' aiz _ O 0 0 0 101010 lov O 1 o DE�L NORTE O O Q v ® `" O o O O o O . 0 0 0 0 0 0 fit /ta ,. /s •R�Amc3NA log 14Y es-T. los a O O O O O O O O 4 R _ 1 • R..1 O ' O O O \ J O Q O O O Q '� .ae a �e ru iss OEL SUR O 00% s _ --9 -_- -1L. - .•ger,:,�. �•a-- _ Oltla y ^ '� O.pnDur .700 �:.a l i Ar,; 1. .� • I 290 •9•ire , t ' X"m % I' 91tG zt- 1•M/Idaw. � Id'NN e! ''\ \ N x •� Arnow Single Story House - IF.F. � sBb.B � •:� SCALE Cma Pm ' • ------ =�; -- -; `' Required 20-foot Street Yard Setback ' ^-` \ \,; ,:. •\\ cr..wewc;v.d•sta a ae a. &VIntb aeud MW Mg r Wo a b old R a u:�r minr::r a�'.°we.+.�.erte�w:c�r� a,d Rwnww m tf 1\/ ofl J-177a..•vm•J01" IN.... .. . .. itOb - ��-- —f• Ab IrwOs2.wwwp.d•,•pfp(r ad war IF— . _p M A R T I N S T E E L E ARCHITECTURE • CONSTRUCTION • INTERIORS 846 •IGUSSA •S.SAM LUIS OSIS►O.GA 91.01 • 003.564.6795 �� -rtea m14wC4rhe titer-oto r "040P 744. ,lct� /^APLB TPSO 4X9 - �a m"o Couim ° 1'{ WvW oz vrnot4 � ,J I N f'�►F w "ICT06mv 4F Hie" NB*E ��a11 a IIs PR0Nr eL- V ^ TIoN 32 PEL N o F- Ta WaY M A R T I N • S T E E L E ARCHITECTURE • CONSTRUCTION • INTERIORS 246 MIGUERA •S.SAN LUIS OSISPO.CA 93441 • S03.164.479a all cityO San ' [ IS OBIS'PO �134.01113 . , iI� 990 Palm Street/Post Office Boz 8100 • San Luis Obispo.CA 93403.8100 APPEAL TO CITY COUNCIL In accordance with the appeals procedure as authorized by Title 1. Chapter 1.20 of the San Lula Obispo Municipal Code. the undersigned hereby appeals from the decision of Ale &M/r &6i4& rendered on &�- !ge jqV which decision Consisted of the following (i.e. set forth factual situation and the grounds for submitting this appeal. Use additional sheets as needed) : The undersigned discussed the decision being appealed from with: on Appellant: —Pg. 5#14EK Ar4Lkj&:?- . Name/Title RECEIVED Nie cis Z7W_040 MMar/N Representative MAY 4 1990 /y1WL41-t 5rWl.JF PRO ff F&II&M #;r CRY CLERK Address S. (,� t7 . SAN LUIS OB1SP0,CA i�44 - 43q 22 Phone Original fnr City Clerk Cupy to City Attorney Copy to City Administrative Officer / Copy two the following department(s) : T7 ity Clerk A, -WeR4164;_ IN 111 1111111 M A R T I N S T - E E L E ARCHITECTURE. CONSTRUCTION-- • INTERIORS 846 H IGUERA u5, SAN LUIS OBI SPO, CA 93401 805.544.4398 May 4, 1990 City Council City of San Luis Obispo SUBJECT: Use Permit A 40-90 132 Del Norte Way Dear members of the Council, I would very much like to take this opportunity to appeal the Planning Commission's decision made on Wednesday, April 25 to deny our request to allow reduced front yard setback from 20 feet to 14.5 feet for a carport at the subject location. But first, let me introduce some background information on the matter. The subject itself is a house with an attached, one-car garage; and it is located in an irregular, pie-shape lot at the bend of Del C Norte Way. There is no sidewalk. The surrounding neighborhood consists of similar older single family residential homes. The applicants are an elderly couple who have contributed to the City for a long time and who will continue to play an active role in this community. Dr. Shirley Walker heads her own practice here in town. Mr. Howard Walker is a professor of Chemistry at Cal. Poly. They each own and drive a car to and from work. Not everyone is blessed with the modern convenience of a two-car . garage. And in an old neighborhood as such, parking space is especially at a premium. The applicants are not asking for a new two-car garage, nor do they need one. All they need and ask for is a covered parking space- for their second car- with easier and safer access to and from the house. It is, therefore, necessary for the applicant's enjoyment of their property. (cont. ) 1 j M -A R -i I N S T' - - E E - L E ARCHITECTURE CONSTRUCTION INTERIORS 846 H IGUERA # 5, SAN LUIS 08151`0, CA 93401 805.544.4398 (cont. ) The staff reports presented in the previous hearing suggest that the proposal is incompatible with surrounding development and will set a precedent for the neighborhood. As you can see from the photographs presented in the planning commission hearing, there are a few houses in the neighborhood that have similar, if not worse, encroachment problem; there are many more that are borderline cases. It shall also be noted that most of these structures have been erected without a permit. But legal or not, there can be no denial. of their existence in the same neighborhood. Therefore, the proposal will not set a precedent and definitely not incompatible with surrounding developments. There is no argument the proposed covered parking space will alter the exterior look of the house. Every remodel does. - But I strongly feel that I have done my best in preserving the character of the house and in addressing the context of the neighborhood. Please reconsider this request. Thank You. Sincerely, Frank Lee Martin and Steele 846 Higuera Street $5 San Luis Obispo I 2 . M A R I N S '%ARCHITECTURE CONSTRUCTION INTERIORS 846 H IGUERA # 5, SAN LUIS OBISPO, CA 93401 • 805.544.4398 O AtCEIVEt, APR 0 6 gggp April 6, 1990 -^M•rd De.ebor Planning Commission City of San Luis Obispo SUBJECT: Use permit Appl. A 40-90 132 Del Norte Way Dear members of the Commission, I would like to take this opportunity to state the reasons for appealing the public hearing decision made on Friday, March 30, to deny our request to allow reduced street yard setback from 20 feet to 14.5 feet for a carport at the subject location. My clients are in their early 60's and both have contributed C, to this community for a long time. She, -Dr. Shirley Walker, has a psychiatric practice in town. He, Howard Walker, is a Professor of Chemistry at Cal Poly. All they want is to provide a shelter for the other car from the elements that can prove extremely difficult to the elderly. For the record, all properties on Del Norte and Del Sur Way share a common property line which is measured 8 feet from the face of the curb (City's Engineering Department) . The front yard setback line is located 20 feet in from the pro- perty line. That makes it 28 feet from the curbface. This proposal will encroach 5.5 feet or less into the setback. There are a few houses in the neighborhood that have similar encroachment problem (Plate 1: center and bottom photos) and several that are borderline cases. Therefore, this is not at all a precedence setting case. (cont. ) . M A R _l. I N S T ,_ E E L .E ARCHITECTURE CONSTRUCTION INTERIORS 846 H IGUERA # 5, SAN LUIS OBISPO, CA 93401 • 805.544.4398 (cont. ) It is rather ironic that the very system, which denies someone who takes the time to go through the process in his request for a covered space for his car, can somehow overlook a boat docked in front of his neighbor's yard (Plate 2. ) There is no arguement that the proposed carport will alter the look of the house, but I strongly feel that I have done my best in preserving the character of the house and in addressing the context of the neighborhood. Please reconsider this request. Thank You. Sincer ly, Frank Martin and Steele 846 Higuera Street 05 San Luis Obispo i �I crcy o s. An tuts omspo CJ = 990 Palm Street/Post Office Box 8100 •San Luis Obispo,CA 93403-8100 April 2, 1990 Shirley Walker 132 Del Norte Way San Luis Obispo, CA 93401 SUBJECT: Use Permit Appl. A 40-90 132 Del Norte Way Dear Ms. Walker: On Friday, March 30, 1990? I conducted a public hearing on your request to allow reduced street yard setback from 20 feet to 14 .5 feet for a carport, at the subject location. After reviewing the information presented, I denied your request, O based on the following findings: Findings 1. The exception will set a precedent for the neighborhood since other structures in the vicinity conform with required street yard setback standards. 2. The exception is not necessary forthe applicant's full enjoyment and use of his/her property. 3. The exception is not appropriate at the proposed location and will not be compatible with surrounding development. My decision is final unless appealed to the Planning Commission within ten days of the action. An appeal may be filed by any person aggrieved by the decision. If you have any questions, please call Pam Ricci at 549-7168. Sincerely, &15w� Ken Bruce cc: Thomas Martin C Hearing Officer 846 Hguera ' Street 15 SIA, CA 93401 drs ADMINISTRATIVE HEARING - MINUTES FRIDAY .MARCH 30, 1990 132 Del Norte Way. Use Permit Appl. A 40-90; Request to allow reduced street yard setback from 20 feet to 14.5 feet for carport; R-1 zone; Shirley Walker, applicant. Jeff Hook presented the staff report, noting that staff is recommending denial of the request, based on three finding which he outlined. The public hearing was opened. No one was present to speak for or against this request. The public hearing was closed. Ren Bruce noted this is the second hearing on this item, and no one appeared at the first meeting to speak either in support of or against the request. Ken Bruce denied the request, based on the following findings: Findings 1. The exception will set a precedent for the neighborhood since other structures in the vicinity conform with required street yard setback standards. 2. The exception is not necessary for the applicant's full enjoyment and use of his/her property. 3. The exception is not appropriate at the proposed location and will not be compatible with surrounding development. It was explained to those present that this decision can be appealed to the Planning Commission within ten calendar days of the action by any person aggrieved by the decision. 1 P.0. Minutes April 259 1990 Page 2. --------------------------------------------------------------------------- Item 2. Public Hearing: Use Permit A 40-90. Appeal of Hearing Officer ' s action denying a request to allow reduced street yard setback from 20 feet to 14 .5 feet for carport ; 1.32 Del norte Way; R-1 zone; Shirley Walker, applicant and appellant . Dave Moran presented the staff report and recommended upholding the Hearing Officer 's action to deny the request, subject to findings. Chairman Schmidt opened the public hearing. Frank Lee, 846 Higuera, applicant ' s representative, did not believe that other neighborhood structures conformed to setback standards. He discussed the request and did not feel it set a negative precedent , given the fact that boats and trailers were being stored in the streetyards of neighborhood houses. Shirley Walker, 132 Del Norte, applicant , discussed the changes in the neighborhood houses due to upgrades , and her own desire to improve her home and comply with setbacks. She felt the request was justified, due to the evidence of other non-conforming structures in the neighborhood. Tom Martin, 846 Higuere, applicant ' s represent.ive, discussed the narrow width of the garage door and felt the carport would offer better access and mobility for the applicant. He discussed the proposed project and felt it would enhance the neighborhood. Chairman Schmidt closed the public hearing. Commrs. Hoffman and Gurnee suggested carport alternatives, using textured pavement or bricks with landscaping that could serve as a parking area without a cover. Commr. Gurnee moved to deny the appeal and uphold the Hearing Officer ' s action, subject to findings. He further suggested the applicant investigate the use of textured paving and landscaping to screen a parking space in the streetyar.d. Commr. Peterson seconded the motion, Resolution No. 5013-90. VOTING: AYES - Commr.s. Gurnee, Peterson, Billington, Hoffman, Karleskint , and Schmidt. NOES - None. ABSENT - Commr. Kourakis. The motion passed. C