The URL can be used to link to this page

Home My WebLink AboutAgenda Report - May 6, 1992 PH (11)AQ�\ I'll I CITY OF LODt COUNCIL COMMUNICATION of AGENDA TITLE: Consider appeal of Anthony D. Azevedo regarding the Planning Comnission's denial of his request for a Zoninq Variance to reduce the required sideyard at 1227 South Washington Street in an area zoned R-1*, Single -Family Residential - Eastside. MEETING DATE: May 6, 1992 PREPARED BY: Community Development Director RECOMMENDED ACTION: that the City Council consider the appeb of Anthony D. Azevedo regarding the Planning Comnission's denial of his request for a Variance to reduce the required sideyard at 1227 South Washington Street in an area zoned R-1*, Single -Family Residential - Eastside and take the appropriate action. BACKGROUND INFORMATION: The requested Variance was to make 149al an attached carport, which was constructed without permits. The applicant completed the construction after receiving an order from the Building Division to stop work. Upon completion of the project. Mr. h evedo applied for a Zoning Variance and was denied because the Planning Commission could not determine that a "Zoning Hardship" existed. FUNDING: None required. Jmes 8. Schr eller �Comnunity Development Di ector JBS/c9 Attachments APPROVED: __4� THOMAS A. PETERSON �s.aw p.Ow City m(knaw OC -1 CCCD92.8/TXTD.01C ~s w Pwq onaN. Mayor PWUP A. PENNIN0 Mayor Pro Tae00 CWAD Ai, HWCHMAN JACK A. SIEGilDC#C tOHN R SNIDER March 10, 1992 CITY OF LODI Orl MALL, 22t WIR PINE SMEET Pa Dolt 31" LW, (:Ai.tFORNU M4t-VM QM 334.5634 r" am UI&M THCOAM A. PETERSON Cats mu"O'r AUa At. itemcmE CAy cWk Md4An Gey Aft"Wr RE: Zoning Variance Reduce Side Yard 1227 S. Washington St. At its meeting of Monday, March 9, 1992 the Lodi City Planning' Commission denied your request for a Zoning Variance to reduce the required side yard from 5 feet to 3 feet 4 inches to permit an illegally constructed carport to remain at 1227 South Washington Street i n an area zoned R-1*, Single-family Residential - Eastside. In denying your request the Planning Commission determined that a "Zoning Hardship" as described In Municipal Code Section 17.72.030(3) did not exfst. Section 17.72.110 of the Lodi Municipal Code provides as follows: "Any applicant or person claiming to be directly and ddversely affected by any action of the Planning Commission may, within 5 days (i.e.working days) after the action, file a written appeal with the City Clerk for transmittal to the City Council." Your appeal, if any, must be in writing and should be directed to Alice M. Reimche, City Clerk, P.O. Box 3005, Lodi, CA 95241-1910, and must be received by her before 5:00 p.m. Nonday, March 16, 1992. Alice M. Reimche, City Clerk P.O. Box 3006 Lodi. Ca 95241 RE: Zoning Variance Sideyard Ab. A-92-03 March' 16, 1992 The purpose of this letter is that I'm requesting an appeail to the Honorable Mayor and City Councilman, of the City of Lodi, for the fol- lowing reasons. I received a registered letter form the City of Lodi signed by Mr. James H. Siemers. see copy. I contacted Mr. Siemers by telephone and informed him that I was not aware of being in violation until 1 receiv- ed the letter. I then went to the City Hall and applied for the permit. The Building Department and staff informed me that the carport was re- quired to have a permit, 1 stated to them that I was under the Impress- ion from previous years and in other cities that when ever you 'build a carport detached from the house that it was not necessary to tdke out a building permit, I was wrong, 1 apologize foe that. If I had known I certainly would not of built it and there would not of been a problem in getting a permit. The Building Department gave me the proper documents for m to fill out and return them to the City, they recommended that I should l,apply for the variance first, and to apply for the variance setback, I needed to submit the Plot Plan, Floor Plan, Elevations, Floor, Ceilings, Walls. and Roof Framing. I then contacted Mr. Larry Bertsch with Bertsch & Associatds. to have them draw me up the plans so that 1 could submit them along with my app- lication, because of the Christmas & New Years Holidays it didinot get done sooner. but the City Staff was aware that I was proceedin4 to amply. On January 8th. I went back to the City and notified City staff, Mr. Eric W. Veerkamp, Junior Planner, that 1 would be out of state from Jan- uary 9th through January 20th. and as soon as I would return I would sub- 7 mit the Plans along with the application, on January 27th. 1 received the Blue Prints and on the following day 1 went to the City and applied for the variance as recommended by City Staff. I paid the fees etc_ On January 28th I received another notice from the City, so 1 noti- fied Mr. Siemers that I had already applied for the variance hnd the Plans were at the City. the Staff informed me that they were not akare that I had submitted the application. On Feb. 12th 1992, 1 received from Public Works Director,; Mr. Jack Ronsko Re: No. A-92-03. stated the Public Works Department ha� no object- ions to the assuance of a variance to reduce the sideyard seti back require- ments on the subject parcel to permit the construction of a carport. On Feb. 21st, 1 recieved a letter from the City regardingi the vari- ance request A-92-03, that the Planning Department had rescheduled the re- quest to March 9th. 1992. On March 9th when I appeared before the Planning Commissi6n, when Mr. James H. Siemers, Code Enforcement Officer, gave the report tb the Plann- ing Commission, I was in disbelief and shocked, of the way he! was present- ing this matter to the board with no true statements except that I was in violation of the carport, at this time I knew that I didn't have a chance I had been shot out of the saddle, before I couid address myself to the Planning Commission, if the meeting vas recorded please take h moment to review. The meeting was open for Public Hearing, I addressed the blanning Com- mission and stated the reasons of why 1 was applying for the bariance, that during the winter when it rains the driveway leading to the house entrance gets wet and very slippery causing children to slip and fall bnd creating a hardship, and it also helps from the family getting wet during the rainy season, and helps conserve on energy during the cold weather, and hot sum- mer months. It also helps in reducing vandalism, which has thken place on several occa3ions, the City of Lodi Police Department has repbrts on file. The issue was focused more on that 1 had built a carport Without a per- mit and that when the City went out in November 1991 that 1 had continued to work 9 4 e carport, that was a false statement, a lie. What was not said was th , i , had appeared at the City and was trying to be in crnpliance. Mrs. Sherman, the lady that filed the complaint with the City. my next door neighbor. also attended the meeting with oppositions. and also made false statements to the Planning Commission, same as Mr. James N. Siemers. she informed the Planning Commission that 1 nad removed the Re& Tag placed on the carport. that I had planted fruit trees near her properti. that a bush tree was pushing in to her property, that the swinging doors squeeked, tht the rain was damaging her property and that when Mr. Azevedb wants some- thing he's going to get it. It was all misleading statements. My question is that the carport was constructed in 1990, and Mrs. Sherman never complaint then. This was done in a vendictive way. more than anything else, when Mfrs. Sherman asked me to have her old car smoged becbuse it +Auld not pass the test and I didn't do it, she asked me if I could gft her son a job in the City of Lodi and 1 didn't do it, and when she asked me to trim a tree in full bloom and 1 didn't do it. But explained to her that if I tr- immed the tree it would go into shock and I would trim it at the right time. Having heard that she is moving away for the City. I clearly understand why she would file that complaint with the City, After all the Comments stated by Mrs. Sherman and Mr. Siemers. 1 knew that I would not be granted my re- quest for variance. On Feb. 11th I contacted the Architect and explained to him what had happened he to was in disbelief. I feel that I halve been the target by rry neighbors Mr. and Mrs. Sherman and Mr. James H. Siemers which Mrs. Sherman had spoken to before. I also believe that it was 'a mispresent- ation, I as denied. For all of the above reasons I am requesting to the Honorable Mayor and City Councilman, that I be given a none Bias, Fair hearing. and perhaps if you see it fit be granted the variance to reduce the sideyard stet tack as recomnended by the Public Works Director, letter dated Feb. 12. 1992. and that I would be allowed to take out the necessary permits so t'hatI would be complying to the existing ordinances. Thank You for your consideration on this matter. Sincerely, 1 "�' Anthony 0. Azevedo Enclosed are: Carport Build. Nov. 1990 Lattice and Swing Doors May 1st 1991 Painting Carport July 1991 - completed Letter from City Dec. 5th 1991 Called City in IE. to Letter Went to City Staff to pickup forms December Went to City seen W. Veerkamp 1-8-92 Received Notice from City notified Mr. Siemers 1-24-92 Received 2nd notice applied for variance 1-28-92 Received letter from City 2-12-92 Received letter from City 2-19-92 Planning Commission Hearing 3-9-92, ^eceived letter form City 3-10-9 AGENDA LODI PLANNING COMMISSION REGULAR SESSION CARNEGIE FOkt1:, 305 WEST PINE STrcET LODI. CALIFOPNIA 7:30 PM - MARCH 9, 1992 1. ROLL CALL 2. MINUTES 3. OONSENT CALENDAR 4. PUBLIC HEARINGS 5. TENTATIVE MAPS a. TENTATIVE MAP 91 P 017 - REQUEST OF TERRY PIAZZA a for approval of a parcel map to create two parce s from on'#KAGMSe I parcel at 801 East State Route Fury 12 in an area zoned C -S. Commercial Shopping Center. b. TENTATIVE MAP 92 P 003 - OF PHILLIPPI ENGINEERING INC. KITED PARTNERSHIP or approval o f a parcel rrEp to create six parcels from one parcel at 2448 West Kettleman Lane in an area zoned C -S. Commercial Shopping 6. ZONING ITEMS a. USE PERMIT U-91-22 - REQUEST CF LODI HONDA t o' i n s t a l la programmable electronic display identification sign o ars existing 70' high sign structure at 1700 South Cherokee Lane in an area zoned C-2. General Comnercial. (Consider with Varfance Request A-91-23 below) b. VARIANCE A-91-23 - REQUEST OF LODI HONDA to increase the sign size to replace existing 6' X 12' illuminated sign and 4' X 16' readerboard sign with a 7' high X 31' wide programmable electronic display sign on an existing 70' high sign structure at 1700 South Cherokee Lane in an area zoned C-2. General Commercial. C. VARIANCE A-92-03 - REQUEST OF ANTHONY D. AZEVEDO to reduce the side yard setback requirement to allow construction of a carport within the 5 -foot required setback. PCAGEN6/TXTD.OIC CITY Z70UNCL 4AES W. RNKER7C)N, Mayan PHILUP A. PENNING Manor Pro X"Pore EMAD M. HiNCHMAN P CK A. SEEG M iOHN R WWWO SNIDER March 10, 1992 CITY OF LODI CITY HALL, 711 WEST PINE STREET P.O. BOX 3006 LM CALIFORNIA 95241.1910 (209)334-5634 FAX IM 133-6m RE: Zoning Variance Reduce Side Yard 1227 S. Washington St. At its meeting of Monday. March 9, 1992 the denied your request for a Zoning Variance to from 5 feet to 3 feet 4 inches to permit an to remain at 1227 South Washington Street S#ngle-Family Residential - Eastside. Tt' *tM A- PETERSON Cisy Manager ALICE M. RILWHE City Clerk RM WMATT CkV Anorrny Lodi City Plannino Commission reduce the requirbd side yard illegally constructed carport In an area zoned R-1*, In denying your request the Planning Commission determined thdt a "Zoning Hardship" as described i n Municipal Code Section 17.72.030(3) did not exist. Section 17.72.110 of the Lodi Municipal Code provides as follows: "Any applicant or person claiming to be directly and adversely affected by any action of the Planning Commission may. within 5 days (i.e.working days) after the action, file a written appeal with the City Clerk for transmittal to the City Council." Your appeal, if any. must be in writing and should be directed' to Alice M. Reimche, City Clerk, P.O. Box 3006. Lodi. CA 95241-1910, and must be received by her before 5:00 p.m. Monday, March 16, 1992. Sincerely, I� I aS B. SCli EDER C pity Development Director cc: City Clerk 'a YG�GC� • i Anthony Azevedo Reduce Sideyard Setback 1227 South Washington Street VICINITY MAP n-9z�t a�ao-�2 COMMUNITY DEVELOPMENT DEPARIrMENT Building Inspection Divisto The Building Division WILL NOT ACCEPT any application for a building permit unless all of the following items are submitted or complied with: 1. PERMIT APPLICATION FORM: Must be filled out with all . lertinent information and signed by the applicant. 2. PLAN REVIEW FEE: To be paid at time of submittal. 3. LICENSED CONTRACTOR INFORMATION: A permit for construction may be issued only to the property owner or a Contractor Licensed by the State of California. a. All Contractors doing business in the City of Lodi are required to document the current status of their State Contractors License, Workers Compensation Insurance, and City of Lodi Business License. Any Contractor not currently on file with the City of Lodi Contractor information system, is required to furnish the necessary information prior to permit issuance. 4. SUB --CONTRACTOR INFORMATION LIST A list of all s6'b-contractors used; with address. phone number, state contractors license number, and city license number is required prior to issuance of a permit. 5. OT PLAN: (Two copies required) a. Plot plan SHALL BE submitted on 8 112 x 11 paper. Plat plan is to indicate ALL structures on the lot with actual andlor proposed distance to all property lines. CONSTRUCTION SUBMITTAL DOCUMENTS 6. REQUIRED INFORMATION: (Cover Sheet or Sheet 1 of plans) �►/� a. Indicate on the Title Sheet of the plans, the name of tli leagal wner and name of person responsible for the preparation of the plans. Specify the gross floor area of all portions of this project, including: dwelling, garage, carport. patio, deck, balcony, etc. 7. FLOOR PLAN: (Three copies required) The floor plan is to be laid out as it is to be built. Reverse door plans are not acceprable. .� 8. ELEVATIONS: (Two copies required) Show four (4) orientations. • • CITY OF ICDI - COMMUNITY DE LOPMENT DEPARTMENT - Built' Inspection Division • • APPLICATION TRACKING FORM Print Date Applicatiod Number Permit types Application Date Subdivision Lot No. Project Address Bide Pb. Suite No. Project Description A.P. N0. Property Owner Phone Nb. Mailing Address CitylSt. Zip convacw Phone No. Mailing Address citylSt. Zip Project Meftger Phone No. SURDM APPLICATION TRACKING DEPARTMEWM DATE APPROVED APPROVED BY Pla W*V p1JbIMl: worita Water/Wastewater Electric 1001tll Fis Health Strwh" Engineer Plat! Checker OCCUPANCY APPLI TION APPROVALS DEPA M"TS Pl W*V Public Works Water/Wastewater Electric Utitity Fite Health Building Division SPARC ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ HOLDS AND CONDITIONS DA4E APftwVED AM1044 D ar i PERIMCI_ASS. ( I NBN RESIDENTIAL[ ✓f ( --fes ADDITIONS - ALTERATIONS - REMODELS COMMERCIAL( I ( ) REPAIR PERMIT TYPE: (+.-< BUILDING ( F ( I MECHANICAL I I ( ) ELECTRICAL ( I I I PLUMBING I I CENSUS NO. UBC OCCUPANCY GROUP UBC BUILDING TYPE SUB CODE A/D/Y AREANALUE BVD CODE __ • = PLAN NO. SIGN OTHER POOL/SPA DEMOLITION SITE WORK //! NO. UNITS NO. BLDGS SEWER BID -15 (9/91) LECTRICAL PLAN: (Two copies required). Indicate location and size of electrical service panel, show all required receptacles add fixtures, show all required G.F.C.I. receptacles. PLUMBING PLAN: (Two copies required). a. submit gas line sizing calculations for an residential prdjects with more than three (3) gas appliances; i.e. water heater. furnace, kitchen stove. fire place log lighter, etc. b. Submit water line sizing calcualtions for all residential' projects which have more than two bathrooms, or exceed 1800 square feet. MEAL PLAN: (Two copies required). Show Ibcation of all HVAC equipment, ducts, and vents. 12. FOUNDATION PLAN: (Two copies required). Indicate dimensions and locations of all foundation details: to include reinforcement and holdowns. L�13, FLOOR, CEILING, WALL, AND ROOF FRAMING. (Two copies required). Show details of all framing; to include: framing layouts, cross sections, and sizing details of all members. TRUSS PLANS AND CALCULATIONS: (Two copies requlre�). a. Identify all trusses and include truss layout plan indlc�ting location of trusses. b. ASL miss calculations are to be Engineer stamped' and include a NM SIGNATUREof a California Licensed engineer or architect. ENGINEERIING CALCULATIONS: (Two copies required). a. Engineering calculations will be required for any unusual design which is not ocvered by Chapter 25 of the "Uniform Building Code". b. AU Engineering submittal documents shall be Engineei stamped and include a WET SIGNATURE of a California Licensed engineer or architect. 1 ENERGY CALCUALTIONS: (Two copies required). a. Enerav Compliance Documents specify the mandatory energy conservation requirements of the California Building Energy Efficiency Standards. All new construction must comply with the Standards in effect when the building permit application is filed. The method of compliance chosen determines which documents are required. APPLICATION ACCEPTED BY: DATE: ****** MECHANICAL *•' ** - .03/SO.FT. NEW RESIDENTIAL 2a GM DESCRIPTION FEE(VNIT _ M01 FURNACE TO 100M BTU ......... 9.00 __._ M02 FURNACE 101 •SOOM BTU ....... 12.00 - M03 FURNACE OVER 500M BTU ...... 15.00 - M04 UNIT1WALL HEATER ............ 9.00 - M05 SLRICOMP TO 100M BTU ........ 9.00 M06 BWCOMP 101-SOOM BTU ....... 16.00 M07 BL.R/COMP 501-10" BTU ...... 22.00 MOB BLPJCOMP 1001-17SOM BTU ..... 33.00 M09 BWCOMP OVR 1750M BTU ..... 55.00 M10 AH UNIT TO 10,000 CFM ......... 7.00 - M11 AH UNIT OVR 10,000 CFM ...... 12,00 M12 VENTILATION FAN ............. 5.00 M13 VENTILATION SYSTEMA .......... 7.00 M14 HOOD ...................... 7.00 M15 FLOOR FURNACE .............. 9.00 _ M16 E0Il11l1Plk*NT REPAIR ........... 10.00 .., M17 EVAPORATIVE COOLER .......... 7.00 M18 MISC. APPLLANCEIEOUIP ......... 7.00 PLUMBING 0** 00 -031SQ.FT. NEW RESIDENTIAL _ E01 Q� QM 1.0; E02 POI RXTURE OR TRAP .............. 3.00 P02 BUILDNG SEWER .............. 5.00 P03 SOLAR HEATERS .............. 10.00 PO4 WATER HEATER ............... 3.00 P05 GAS PIP£ 1 TO 5 OUTLET ........ 3.00 __.._ P06 GAS PIPE 61MORE= PCR EA ........ 1.00 .� P07 GREASE/SAND TRAP ........... 15.00 POS WATER PIPING ................ 3.00 F09 LAWN SPRINKLER SYSTEM ....... 3.00 _ P10 BACKFLOW DEVICE 1 TO 5 ....... 3.00 _ P11 GASWNE STORAGE TANKS ..... 15.00 _ P12 ALT/BLDG SEWER OR VENT ....... 3.00 P13 SWIM POOL FILTER ............. 3.00 _ P14 WASTE INTERCEPTOR .......... 10.00 P15 BACKFLOW DEVICE OVER 5 ....... 1.00 _ P18 RAINWATER SYSTEMI)RAIN ...... 2.00 _ P18 FIRE HYDRANT 1 ST (TIMES 10) ... 15.00 P19 FIRE HYDRANTADDL .......... 40.00 wwrwrr E.RACAL ars•wsw _ .�.FT. NEW FIESII ENTIAL QT_y ff,EIUNIT _ E01 0UTL.ET.SWITC1H,FIXTURE ... . ... 1.0; E02 VAPOR FIXTURES .............. 2.00 €03 SWIMMING POOLS ............. 30.00 E04 RANGE. DRYER, OVEN, WH ....... 5.0C E05 MOTOR UP TOnNCL 1 HP ........ 5.00 E06 MOTOR OVER 1 TO 5 HP ......... 7.00 Eo7 MOTOR OVER 5 TO 20 HP ........ 10,OC E08 MOTOR OVER 20 TO 50 HP ....... 15.00 €09 SUB -PANUS .................. 100C E10 SERVICE TO 100 AMPS .......... 10.00 Ell SERVICE 101 TO 200 AMPS ....... 20.00 _ E12 SERVICE 201 TO 500 AMPS ....... 30.00 E13 SIGNS ..................... .15.00 E14 5' LIATI.OUTLI:T ASSY ......... 1.00 E15 HEATERS .................... 4.00 E16 X-RAY MACHINES .............. 4.0G _ E17 MOTOR OVER 50 TO 10014P ...... 20.00 _ E18 MOTOR OVER 100-PERHP.. ..... 20 E19 SWTTCHBRO 0-600V - 1 ST ........ 20.00 €20 SWITCHBRD 0-60OV ' ADDL ...... 10.00 €21 SWITCHBRD OVR 600V • I ST ..... 30.00 €22 SWITCHBRD OVR 600V - ADDL .... 15.00 _ €23 SERVICE 501.1200 AMPS ........ 40.00 E24 SERVICE OVER 1200 AMPS ....... 75.00 E25 SERVICE OVER 600 VOLTS ....... 75.00 E26 SERVICE EACH ADDL METER ....... 2.00 - E27 TEMPORARY POWER SERVICE .....15.00 *r*w**** OVER ******** S01 S02 _ S03 SO4 SOS SDS S07 SOS S09 S10 Sill *****�►**►•www*rwwr INSPECTION GROUPS A TEMP/P1NR - B SAW L PRE -INSPECTION B UNDERGROUND SITE WORK M ROOF NAILING C RE -BAR INSPECTION N MECHANICAL ROUGH D PRE-SLAB/PLMB-MErCH 0 PLUMBING ROUGH E SLAB GRADEIFOUND P GAS LINE PRESSURE F FOOTING/STEM WALL 0 ELECTRICAL ROUGH G BLOCK WALL R FRAMING INSPECTION H UNDERFLOOR/PLMB-MECH S SEWER CONNECTION INSUL UNDERFLOOR T INSULATION J FLOOR NAILING U DRYWALL/LATH NAILING K SHEARWALL V SUSP CEILING, T -BAR INSP-AFTER HOUR -PER HR ........ 40.00 REINSPECTION ................30.00 MISC INSP • PER HOUR .......... 30.00 PLAN REVIEW 4 PER HOUR ........ 30.00 SPECIAL INSP .1 ST HOUR ........ 40.00 SPECIAL INSP ADDL HIR ......... 30.00 COURT TIME PER 112 HR ......... 12,50 COURT TIME PERIHR, RATE ....... 25.00 CODE COMFUANCE REPAIR ....... 4 0. 00' ADMIN FIE .1 /2 HOUR .......... 15.00 ADMIN FEE. 1 HOUR ...........30.00 w* w* w w I r w w w w* w r* w w W STUCCO LATH X PLUMBINGMATER HEATER Y DEMOLITION PRE-INSP 2 POOL/SPA PREGUNITE 1 POOUSPA PRE -DECK 2 SPECIAL INSPECTION 3 FINAL APPROVALS REQ. 4 GAS APPLIANCE 5 FINAL INSPECTION C!rY 'DJNCIl ifl !N. H(NCHMAN, Mayo# HiE S VV PNt�I � r Maya Pro Tempore PHILLIPA PENNINQ IACKA SIECLQCK 1014N R (Randy) SNIDER December 5. 1991 CITY OF LODI CITY HALL. 221 WEST PINt STREET P O BOX 3006 LODI. CALIFORNIA 95247-1910 (209) 334-5634 FAX (2093 t 3I 6795 CERTIFIED HAIL RE: Special Inspection 1227 S Washington Street Lodi. CA 95240 NOTICE OF VIOLATION THOMAS A PETERSON City Manager AEICE M REIA4CHE City Clerk 808 MCNATT CKV Attornev A special inspection conducted on November 7, 1991. at the above noted address, has revealed the following: VIOLATIONS 1. Construction of a carport without permits or inspections. DETERMINATION 1. Lodi Municipal Code; Section 15.04.010. The provisions set forth in the "Uniform Building Code, 1935 Edition." and set forth in the "Uniform Building Code Standards, 1985 Edition," together with Appendix Chapters 1, 1, 32. 35. 49. 51, 55, 57. and 70 thereto, are adopted as the building code of the city. Mr. Azevedo December 5, 1991 page 2 2 Lodi Municipal Code; Section 15.28.010. The provisions set forth in the "Uniform Code for the Abatement of Dangerous Buildings. 1985 Edition," are adopted as the unsafe building abatement code of the city. The unsafe building abatement code of the city applies in all matters pertaining to dangerous buildings which are in existence or which may be constructed in the city. 3. Lodi Municipal Code; Secticn 17.09.080. Minimum yards i n the R-1 district: A Front yard: not less than twenty feet to the froht line of the main building. B. Side yard: a minimum of five feet, except hat #or corner lots the side yard on the street side shall be increased to a minimum of ten feet, unless Section 17.57.100 applies; and provided further, that any carport or garage must be set back not less than twenty feet from the street property line. G Rear yard: The depth of the rear yard shall be ndt less than ten feet, except that for corner or reversed corner lots, the rear yard may be reduced to seven and one-half feet, or to a minimum of five feet when the I o t rears upon an alley. As a result of the foregoing violations, the following action is required: 1. Inspection by the building official has determined that the building is dangerous as defined by the unsafe building abatement code and is hereby declared to be a public nuisance and shall be abated by demolition and removal. Appropriate permits shall be obtained from the City of Lodi prior to the commencement of any work required herein: 1. Demolition permit. A I I required permits are to be obtained within 30 days of the date of this notice, and the demolition is to be completed within 60 days. Mr. Azevedo December 5, 1991 Page 3 FAILURE M COMPLY In the event of your failure to comply with the requirement9 set forth above, the following may apply: 1. A citation may be issued. 2. Any person violating the provisions of the building cod4, mechanical code. plumbing code. electrical code, or housing code is guilty of a misdemeanor for each day such violation continues. 3. Any person convicted of a misdemeanor for violation of this code is punishable by a fine of not more than one thousand dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment for each violation. Should you require additional information, please contact thif office (209) 333-6711. CL/%ia AMES A S I EMERS @bde Enforcement Officer cc: City Attorney Community Development Director Chief Building Inspector Mrs. Sherman, 1233 S Washington St. Mike Bergeson. 1227 S Washington St. 35134 gi., i: AISUM-601H-20J N VALIDFORTIAVIEL 0 526 14636040598 0 C430*,L - 10 ACCOUNT NO. ORDEit Of6Z, ---DOLLARS PAY 10 ORDER OFTHE A DOLLARS Wilb- ACCOUNT No. 19 MY TO TKE CODER C* cyo D 0 V"iAERS &.JP� HA PS , BANK r0 K: .= 00 W^.1 -.; ;ii[. STAMP OR SIGN QELUW TIIIS LIME '4 a 4 1 f bf RA; RIACOVF BOAFIU nr f.oVtol,0 t al(-. C, 08402.0419 VIEW FEDERAL BA{{'r, X12610 ` r' KIM F ON14 [ii .. _.Q T G'� O �r I � - •r r ;, CITY COUNCIL MMES W. PINKERTON, Maydr PHTLLIP A. PENNINO Mayor Pm Tempore DAVID M. HINCHMAN JACK A. SIEGLOCK IUHN R. (Randy) SNIDER January 24, 1992 Q Azevedo ifi CITY OF LODI CITY HALL. 22) WEST PINE STREET PO. B 0 X 30D6 LODI, CALIFORNIA 95241-1910 (209) 334-5634 FAX ("% 111-6M CERTIFIED MAIL NOTICE OF PUBLIC NUISANCE AND ORDER TO ABATE NOTICE OF PUBLIC NUISANCE THOMAS A. PETERSON City MMMVI ALICE M. MINICHE City Clerk IIOB WNATT City Ananey Public records indicate that you are the current legal owner of the real and improved property in the City of Lodi, County of San Joa in, State of California described as follows: County Assessors• Parce Number: 047-090-10. Said property is more commonly known as 1227 South Washington Street As the property owner, you are hereby notified that the undersigned Building Official of the City of Lodi has inspected said property and declared it to be a PUBLIC NUISANCE as defined and prescribed for by Section 202 et seq of the Unsafe Building Abatement Code of the City of Lodi. Mr. Azevedo January 24, 1992 page 2 INSPECTIONS AND VIOLATIONS a November 7. 1991 and January 24, 1992 the Building Official caused said property to be inspected. The following violations were discovered: 1. Finding: Construction of Carport without permits or inspections. This existing condition is in direct violation of Section 302. paragraph 13. of theUnsafe Building Abatement Code of the City of Lodi which reads: Dangerous Build i n g Sec. 302. For the purpose of this code, any building or structure which ahs any or a I I of the conditions or defects hereinafter described shall be deemed to ba a dangerous building, provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or its occupants are endangered: 13. When ever any building or sturcture has been constructed, exists or i s maintained i n violation of arty specific requirement or prohibition applicable to such building or structure provided by the building regulations of this city, as specified in the Building Code or Housing Code. or any law or ordinance of this state or city relating to the condition, location or structure of the buildings. DETERMINATION As a result of the foregoing vlolations, the undersigned Building Official has declared the property to be a PUBLIC NUISANCE and has therefore made the following determination: The structure on the property in question shall be demolished and the property cleared of rubbish and debris. Demolition work shall be subject to the review of the Building Official i n accordance with provisions set forth in Section 4409 of the Building Code of the City of Lodi. An appropriate demolition permit shall be obtained from the City of Lodi prior to the commencement of any work required herein. A I I repair demolition work required herein shall begin within 30 days of the date of this Notice and shall be completed within 90 days of the date of this Notice. I n a I I cases, the required work i s subject to the inspection and f i n a l approval of the Building Official. Mr. Azevedo January 24, 1992 page 3 ORDER TO ABATE Pursuant to Section 201 of the Unsafe Building Abatement Code of the City of Lodi, this Notice constitutes an ORDER to you, the owner of the property in question, TO ABATE the substandard conditions listed herein in a manner and within the times determined above. APPEAL Property owners, or those with legal interest i n the property who are served wfth this Notice n-aj appeal the same to the Cfty Council of the City of Lodi under Section 501 et seg of said Unsafe Building Abatement Code. The appeal should be i n writing and submitted to the City Council. n care of the City Clerk (221 West Pine Street, Lodi. CA 95240). within 30 days of the date of this Notice. FAILURE TO COMPLY In the event of your failure to comply with the requirements set forth above, the following may apply: 1. A citation shall be issued. 2. Any person vfolating the provisions of the building code, mechanical code, plumbing code, electrical code, or housing code i s guilty of a misdemeanor for each day such violation continues. 3. Any person convicted of a misdemeanor for violatfon of this code is punishable by a fine of not more than one thousand dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment for each violation. Should you require additional information, please contact this office. Aauryu� AMES H. SIEMERS e Enforcement Officer cc: Chief Building City Attorney Mrs. Sherman, Mike Bergeson. Inspector 1233 S Washington St. 1227 S Washington St, ZCITY COUNCIL LAMES W. PINKERTON, Mayor CITY OF LODI PHILLIP A PENNtNO Mayor Pro X-VOrc ONJID M HINCHMAN CITY HALL. 221 WEST PNE STREET JACK A SIECLOCK P0, BOX 3006 10HN R ptaW 5NIDER LODI, CALIFORNIA 45241-1910 (209) 334-5634 FAX I2M 333-795 January 24. 1992 CERTIFIED MAIL. NOTICE CF PUBLIC IMUISMCE AND ORDER TO ABATE NOTICE OF PUBLIC NUISANCE THOMAS A. PETERSON City Mmuger ALICE M. REtMCHE City Cknk 808 MrNATT Cuy Atf M y Public records indicate that you are the current legal owner of the real and improved property i n the City of Lodi. County of San Joaquin, State of California described as follows: County Assessors Parcel Number. 047-090-10. Said property i s more commonly known as 1227 South Washington Street As the property owner, you are hereby notified that the undersigned Building Official of the City of Lodi has inspected said property and declared it to be a PUBLIC NUISANCE as defined and prescribed for by Section 202 et seq of the Unsafe Building Abarement Code of the City of Lodi. 77 Mr. Azevedo January 24, 1992 page 2 INSPECTIONS AND VIOLATIONS Oi November 7. 1991 and January 24, 1992 the Building Official caused said property to be inspected. The following violations were discovered: 1. Finding: Construction of Carport without permits or inspections. This existing condition i s in direct violation of Sectfon 302. paragraph 13. of theUnsafe Building Abatement Code of the City of Lodi which reads: Dangerous Build i n g Sec. 302. For the purpose of this code, any buildin§ or structure which ahs any or a I I of the conditions or defects hereinafter described shall be deemed to ba a dangerous building, provided that such conditions or defects exist to the extent that the life, health, property or safety of the publfc or its occupants are endangered: 13. When ever any building or sturcture has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this city, as specified i n the Building Code or Housing Code, or any law or ordinance of this state or city relating to the condition, location or structure of the buildings. DETERMINATION As a result of the foregoing violations. the undersigned Building Official has declared the property to be a PUBLIC NUISANCE and has therefore made the following determination: The structure on the property in question shall be demolished and the property cleared of rubbish and debris. Demolition work shall be subject to the review of the Building Official in accordance with provisions set forth in Section 4409 of the Building Code of the City of Lodi. Pn appropriate demolition permit shall be obtained from the City of Lodi prior to the commencement of any work required herein. A I I repair demolition work required herein shall begin within 30 days of the date of this Notice and shall be completed within 90 days of the date of this Notice. In al l cases, the required work is subject to the inspection and final approvai of the Building Official. M r. Azevedo January 24, 1992 page 3 ORDER TO ABATE Pursuant to Section 201 of the Unsafe Building Abatement Code of the City of Lodi, this Notice constitutes an ORDER to you, the owner of the property I n question, TO ABATE the substandard conditions listed herein in a manner and within the times determined above. Property owners, or those with legal interest in the property who are served with this Notice may appeal the same to the City Council of the City of Lodi under Section 501 et seg of safd Unsafe Building Abatement Code. The appeal should be in writing and submitted to the City Council, in care of the City Clerk (221 West Pine Street, Lodl. CA 95240). within 30 days of the date of this Notice. FAILURE TO oOVFLY In the event of your failure to comply with the requirements set forth above, the following mar apply: 1. A citation shall be issued. 2. Any person violating the provisions of the building lode, mechanical code. plumbing code, electrical code, or housing code is guilty of a misdemeanor for each day such violation continues. 3. Any person convicted of a misdemeanor for violation of this code is punlshable by a fine of not more than one thousand dollars, or by imprisonment not to exceed six months. or by both such fine and imprisonment for each violation. Should you require additional information, please contact this office. �r 14MES H. Si£MERS Code Enforcement Officer cc: Chief Building City Attorney Mrs. Sherman, Mike Bergeson, Inspector 1233 S Washington St. 1227 S Washington S t . CITY COUNCIL JAMES W. PINKERTON. Mayor PHILUP A. PENNINO Maym rro Tempore DAM M. HINC}#MAN ;ACK A. SIEGLOCK J" R. 9tatdY) SNIDER February 19, 1992 i THOMAS R PETERSON CRY CITY OF LODI MMaw � ALlCE . REIMCk{E City Clerk MY HALL. 221 WEST PINE STREET BOB MCNATT PO. Box 3406 City AfforrWy LODI. CALIFORNIA 95241-1910 (209) 3345634 FAX 12M 3136795 RE: Variance Request A-92-03 1227 S. Washington St. The Planning Department has rescheduled the above request from February 24. 1992 to March 9. 1992. You will receive an agenda for that meeting In approximately two weeks. CAROL GOEHRING Department Secretary NEMORA DIM City of Lodi , Public works Department TO: Community Development Department FROM: Public Works Director DATE: February 12. 1992 SUBJECT: 1227 S. Washington Street FILE N0I A-92-03 The Public Works Department has no objection to the issuance of a variance to reduce the sideyard setback requirement on the subject parcel to permit the construction of carport. Jack L Iko Public Director JLIt/5�� 1w / cc: Anthony D. Azevedo✓ VCDD9204/TXTW.OIL Ag "Milo "Usull YMM'" Imawti •I S00"s *..a 611's'e1m IFNVQMW&d 'ON VGm3 7 7 0 F 18 T 0" VINVOA11VO '1001 .40 A113 Joloakila G0uquj:j 10 goluo IdI3031d IVIONAID N- m FA 'ON VGm3 7 7 0 F 18 T 0" VINVOA11VO '1001 .40 A113 Joloakila G0uquj:j 10 goluo IdI3031d IVIONAID COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION APPLICANT Address Z na u 9 PROPERTY(If different from above) Name Addre Fie "M Phone Date—�—� I hereby certify that I am the owner of record of the property described below. or have authorization to act i n behalf of the owner, that I approve of the action requested herein. -!.-491sz Date VMWLRIT LUVA11UR Address /277s LsJ A3 iv �r�J APN Present Zoning Designation Presant Land Use Siz4 REQUEST 0te*-1 J& Wi�tl V- 7r t &AI,,, 1 t lZ&J fS c�itit/tiw,+y ''1�w�Cr;:� 75 /&j ��►��e4 �cfr vfxy ,i�.te.s�rs a �e..ttso•�, .. .�-�� '�.IFS 1�N�y �wrrevxrfio.�, F3rOh efu,e�.vG� CcLd k��rtl�r�e fJP'*,4, f7 Se ca2u S09iEii.4L oeeAseaus , C, d, c/Zi�iA 7 a'v �rLc -f-A �e Application Received by Receipt No. Date: Application Fee S Assigned Planner Environmental Review Tentative Hearing Date Fee TOTAL FEES 5 SEE BACK FOR IMPORTANT INFORMATION CITY COUNCIL JAMES W PINKERTON, Mayor PHILLIPA PENNINO Mayor Pro Ternpore W I D M HINCHMAN JACK A SIEGLOCK IOHN R (Randy) WIDER CITY OF LODI Mr. Anthony D. Azevedo 1227 S. Wasnington Street Lodi, CA 95240 CITY HALL, 221 NEST PINE STREET PO BOX 3006 LOBI, CALIFORNIA 95241-1910 (2091 334-5634 FAX tx% )IMM Hay 7, 1992 Re: Appeal of the Planning Commission's Denial of Request for Zoning Variance to Reduce a Side Yard Setback at 1227 S. Washington Street, Lodi Dear Mr. Azevedo: THOMAS A. PETERSON Cat►, Manam" ALICE %t RFIMCHE City Clerk IK)6 kkNATT Croy Amxnev This letter Will confirm action taken by the Lodi City Council at its meeting of May 5, 1992, whereby following a public hearing concerning the matter, the City Council denied your appeal regarding the Planning Commission's request for a Zoning Variance to reduce the required side yard setback at 1227 South Washington Street in an area zoned R~l, Single -Family Residential - Eastside. v Should you have any questions regarding the matter, please do not hesitate to call this office. Very truly yours, Alice M. Reimche City Clerk AMR/jmp cc: James B. Schroeder. Cc ^ eTcpmont Director DECLARATION OF MAILING On April 2, 1992 in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, containing a copy of the Notice attacaed hereto. marked Exhibit "A"; said envelopes were addressed as is more particularly shown on Exhibit "B" attached hereto. There is a regular daily communication by mail between the C',ity of Lodi. California, and the places to which said envelopes were addressed. I declare under penalty of perjury that the foregoing is true and correct. Executed on April 2, 1992. at Lodi. California. Alice M. Reimche City Clerk JeOnifer M. errin *uty City Clerk GEC/O1 TXTA. FRM 'toteCITY OF LODI CARNF(;IF. FORUM 305 West Pine !street. Lo)di NC •E OF Date: May 6. 1992 Time: 7:30 p.m. For information regaiding this Public Hearing Please Contact: Alice M. Reimche City Clerk Telephone: 333.6702 HEARING NOTICE OF PUBLIC HEARING May 6. 1992 NOTICE IS HEREBY GIVEN that on Wednesday, at the hour of 7:30 p.m., oras soon thereafter as the matter may be heard, the City Council will conduct a public hearing to consider the foila,:, ing matter: 1. Appeal received from Anthony D. Azevedo. I227 South Washington Street, Lodi regarding the Planning Commission's denial of his request for a zoning variance to reduce the required side yard at that location. Information regarding this item may be obtained in the office of the Community Development Director at 221 West P i e Street, Lodi. California. All interested persons are invited to present their views and commentson this matter. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you chalienge the subject matter in court, you may be limitedto raisingonty those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the C'ty Clerk, 221 West Pine Street, at or prior to the Public Hearing. By Order Of the Lodi City Council: Alice M. Reimche City Clerk Dated: April 1, 19921 Approved as to form: Bobby W. McNatt City Attorney Mr. knthony D. Azevedo 1227 S. Washington Street Lodi, CA 95240 James B. Schroeder Connnity Development Director APPEAL FROM AZEVEDO MAILING LIST EXHIBIT B Mr. and Mrs. Richard Sherman 1233 S. Washington Street Lodi. CA 95240 e£. s t; � r :�.-. �.. ��.�, .�' �:�:. .a:�i