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HomeMy WebLinkAboutAgenda Report - May 19, 1982 PHPUBLIC HEARINGS Notice thereof having been published in accordance with law and affidavit of publication being on file in the office of DENIAL OF APPEAL the City Clerk, Mayor Reid called for the Public Hearing to OF DENNIS LEWIS, consider the appeal of Dennis Lewis, 9 Mulberry Court of the 9 MULBERRY COURT, Planning Commission's denial of his request to construct a LODI, TO CONSTRUCT solar collection rack in a regaired rear yard setback at 9 A SOLAR COLLECTION Mulberry Court, Lodi (Assessor's Parcel No. 057-360-49). RACK IN A REQUIRED REAR YARD SETBACK The matter was introduced by Community Development Director AT THAT ADDRESS Schroeder who presented diagrams of the subject area. REVERSED Speaking on behalf of the appeal were: a) Mr. Dennis Lewis, ', V.ul.erry Court, Lodi b) Mr. Chas Loy, Seivamatic Solar Systems, 1064 Woodland Avenue, Modesto. The following neighbors of Mr. Lewis spoke, stating that they would not be offended by the proposed installation and would be in favor of the subject installation. a) Scott Robison, 15 Mulberry Court, Lodi b) Veronica Koenig, 138 Mulberry Circle, Lodi There being no other persons wishing to speak on the matter, the public portion of the hearing was closed. On motion of Councilman Pinkerton, Murphy second, Council reversed the Planning Commission's denial of the appeal of Dennis Lewis, 9 Mulberry Court, Lodi, to construct a solar collection rack in a required rear yard setback at that address (Assessor's Parcel No. 057-360-49) and determined that the subject solar collection rack was not a structure based on the following findings: 1) Neighbors giving testimony before the Council were not opposed to the installation. 2) The proposed installation is an energy conservation effort. a x,. 34r e lCl�.YJ �h�� tL- , t 4 'L 4 Y �f*�. � .,tyi�lLy^'•2`4h. t Yy M.. l v \\ RFCeVED MRy 30. 1982 Mrs. Alice M. Reimche 33 SS City Hall N. R 221 lest Pine St. Lodi. California � aERK 95240 QTY L0 Rei Appeal - Solar Collector Rack - 9 Mulberry Ct. Dear Mrs. Reimche. I wish to appeal.the Planning Commissions determination that the Solar Panel Support partially constructed in my rear yard at 9 Mulberry Ct. constitutes a structure. In Feb. '82. I contacted the City Building / Planning Dept. and was refered to Mr. Morimoto. I explained to him that because my residence doesn't. have either a South face. for solar or adequate roof space to contain the Solar System Z planned to purchase. I would have to build a Solar Rack in my rear yard ten feet wide and fortS-five feet long. I inquired of mr. Morimoto if a solar rack built as specified and against apt rear fence, (which separates 9 Mmulberry Ct. from 132 Mulberry Circle) could be built and what permits would -be needed. I explained that the solar Rack would have to be built against the rear fence because it was the sole location which would offer adequate space for the rack even though the rack would extend over five, feet into my pool area. Thusly, the rack would have to be built at least ten feet above the ground In order to clear the swimming pool and surrounding three foot deck. I also explained that the portion of the rack against my rear fence would be approx, twelve feet above the ground to hide the solar system from view for my neighbors. Mr. Morimoto informed me that as long as the sole purpose of Sonar Collector Rack was to place solar collectors upon its it was not considered a Structure and did not need permits or variances from existing City Codes. I made it clear to Mr. Morimoto that th-e Rack was going against the rear fence and would be forty-five feet long. Mr. Mor mo -to was definate in stating thzt the rack was not a structure and could be built against the rear fence. I began building the Solar Rack by placing siXteen foot 4x4 Redwood posts three feet into the ground.. However. My neighbor at 1.3.2 Mulberry Circle complained_to the City Planning Dept. and I was instructed by a letter signed by Mr. Morimoto to cease construction until the 'Planning Commission could interpret existing codes and ordinances to determine 14 --the Solar Rack was a structure. The Planning Commision voted on 042682 to classify my Solar Rack as a Structure. I feel it is not a structure as its sole purpose is to support a solar system for my swimming pool and spa. The Rack* when built. would be twelve feet nigh along the rear fence and slanting towards my pool to ten feet above the pool. This would hide the solar collectors from view from my neighbors yard and oul�i lessen the cangq of water flooding into their yards Aul a leak occur. T.e eighth would allow me to utalize i the. pool as the .rack extends over dive feet into my pool and would discourage clis+bing`and_juepi into the pool by my three year old son or others., My ya being =< andscaped atid`.leveled to drain towards my residence to. „u"Ier- ground,drsins Mhich44 being installed to catch any run-off from the pd6l or solace ystea.`= The existing five. foot fence between my yard and 1.33 Mulberry Circle is being raised to the seven foot limit to discourage fence climbing. In summary, I would not have expended over $600.00 in materials to build the solar, rack let alone purchased a solar system I cannot use on Mr. Morimotos assurances the proposed solar rack was not a structure had I known the Planning Cosimissioh was going to use me as a test case. zDennis ly, E is 9 Mulberry Ct. Lodi, California :- June 3, 1982 HENRY A. CLAVES. Jr. City Manag". ALICE m REMICHU City Cleerk RONALD M. -STEIN C" Attorney Mr. G. H. Joldersma 132 Mulberry,Circle Lodi, CA 95240 Dear Mr. Joldersmaz Your,June`2;. 1982 telegram was received, and was reviewed by Mayor Fr6&.Reid-,.,Community Development Direct -or Schroeder and City AttorneyStein. Please be advised.that at, its regular meeting of May 19, 1982, .' the Lodi -City,, Council, fol lowing a Public Hearing on the matter, reversed', the, Planning. Commission:' a denial of the appeal of Dennis: Lewis, 1-11 9,. Mulberry -Court..-, Lodi, to construct a solar ,collectionrack ih,.a requiredrear yard setback at that address (Assessor's, Parcel, No. 0.57-460-494. and determined that the- sub - jest' s6lair collection- rack wa-s not a structure. Enclosed herewithis a.copy of the "Short Minutes" of the May: 19, 1992--, Council Meeting. A certified ied copy of the regular minuteswill be forwardedto you as requested upon their app'roval by,.the Council. I have also enclosed a copy of the affidavit of.publicailon.for the Public Hearing regarding this matter.;,. At indicated in the foregoing information, Council has acted in, this matter; however, you can request that Council reconsidere Please feel free to call this office if we can be of further assistance. Very truly yours, Alice M. Reimche City Clerk AR:dg Enc. 7 CITY COUNCIL ROURT G-` MURPHY" Maya Pro Ten+pore:' CITY HALL, 221 WEST PINE STREET . tVEtYN KOI.Sbii POST OfFICE: BOX 320 PI JAMES W. NKERTOK LODI. CALIFORNIA 95241 JOHN 334-5634 June 3, 1982 HENRY A. CLAVES. Jr. City Manag". ALICE m REMICHU City Cleerk RONALD M. -STEIN C" Attorney Mr. G. H. Joldersma 132 Mulberry,Circle Lodi, CA 95240 Dear Mr. Joldersmaz Your,June`2;. 1982 telegram was received, and was reviewed by Mayor Fr6&.Reid-,.,Community Development Direct -or Schroeder and City AttorneyStein. Please be advised.that at, its regular meeting of May 19, 1982, .' the Lodi -City,, Council, fol lowing a Public Hearing on the matter, reversed', the, Planning. Commission:' a denial of the appeal of Dennis: Lewis, 1-11 9,. Mulberry -Court..-, Lodi, to construct a solar ,collectionrack ih,.a requiredrear yard setback at that address (Assessor's, Parcel, No. 0.57-460-494. and determined that the- sub - jest' s6lair collection- rack wa-s not a structure. Enclosed herewithis a.copy of the "Short Minutes" of the May: 19, 1992--, Council Meeting. A certified ied copy of the regular minuteswill be forwardedto you as requested upon their app'roval by,.the Council. I have also enclosed a copy of the affidavit of.publicailon.for the Public Hearing regarding this matter.;,. At indicated in the foregoing information, Council has acted in, this matter; however, you can request that Council reconsidere Please feel free to call this office if we can be of further assistance. Very truly yours, Alice M. Reimche City Clerk AR:dg Enc. 7 S40PT MINUTES TO -t Honorable Mayor and City Council FROM: Alice M. Reimche City Clerk SUBJECT: Short Minutes of Regular City Council Meeting of May 19, 1-982 DATE: May 20, 1982 The City -Council of -the. -City of Lodi met in a Regular Meeting held May 19, 1982 and took. the: -following -_actions I. Following a Publico -Hearing on the matter, Council reversed the Planning Commission's denial -of the appeal of Dennis Lev+is 9 Mulberry Cour-t,. Lodi, to construct'& solar collection rack in a required rear yard setback at that address (Assessor's Parcel No. 057-360-49) and determined that the subject solar collection rack was not a structure. 2. The following it were referred to Staff for investigation and ' a followup:report:back to the Councils a) Complaint of Sin Coe, 224% E. Tokay Str., Lodi regarding condition of Stadium west softball field b) Request of Lodi Racquetball and Swim Club asking Council to "take another look" -at the parking situation at that facility. (Hatter to be discussed at future Shirtsleeve Meeting) 3. Council granted, an Encroachment- permit to Tim Brophy, 15 S. School Street granting permission to encroach into the mall area south of the restaurant for an outdoor cafe and approved Mr. Brophy's request to serve wine and beer at that location. 4. council approved transfer of permit tocperate the:City Cab Company of Lodi from wynston Hargrave and Rae Neel Margrave,`his wife to Rae Neel Hargrave., doing business as City Gab Company of Lodi. 5. By Consent Calendar, Council took the following actions: a) Approved Claims in the amount of S1,462,363.49. b) Approved the Minutes of April 7, 1982, April 20;, 1982, and April 21, 1982. c) Council adopted Resolution No. 82-46 awarding the bid for "Catch Basin Replacement, Chestnut Street and Lee Avenue, Daisy Avenue and Pleasant Avenue, Pleasant Avenue and Forrest Avenue, Daisy Avenue and Lincoln Avenue" to Bower's Company, the low two Page No. 2 bidder, in the amount of $23,709.00. 12. d) Council approved the specifications and authorized the call for bids for the possible sale of the Seenie Overlook property. e) Council approved the plans and specifications for "Emerson Park Curb and. Gutter," 2nd authorized the City Clerk to advertise for bids thereon. f) Council adopted Resolution No. 82-47 authorizing the Mayor and City Clerk to execute easements with the Southern Pacific Railroad Company for 100' x 80' crossings at Lockeford Street, Locust Street, Elm Street, and Lodi Avenue. g) Council adopted Resolution No. 82-48 authorizin% the Mayor and City Clerk to execute a Utilities Agreement with the State covering the re- location of power lines at the intersection of Kettleman Lane and Hutchins Street. h) Council accepted the improvements in "Salas Park Concession Stand Fill" and directed the Public Works Director to filee-a Notice of Completion with the County Recorder's Office. i) Council approved the subdivision map for Tract No. 1795 Lodi Medical- Condos edicalCondos and authorized the City Clerk to execute same on behalf -,of the City. 6. Following a presentation by Robert Sternfels, Attorney representing Betty Semas in an action against the City. Council by motion action Voted to take no action on the matter. 7. Council introduced ordinance No. 1262 - An Ordinance of the City Council of the City of Lodi amending Article V (Stopping, Standing, and Parking) of Chapter 27 (Motor Vehicles and Traffic)- of the Lodi City Code. S. Council, by motion. action, determined not to enter into an NCPA Phase 2 Agreement covering the Wind 1 (Cameron Ridge Power PlantlProjeet. 9. Council approved the Employees" Deferred Compensation Plan= appointed the following persons to the Advisory Committeez Jerry Glenn, Chairman, Robert Holm, Gary Mai, Alice Reimche,. Glen Robison and Elsie Temp= and authorized Jerry Glenn or Alice Reimche to execute the necessary documents. 10. Council introducedOrdinance No. 1263 revising the order of business on the Council agenda.. 11. By motion action, Council determined not to change the hour of commencing City Council meetings. Page No. 3 12. Council adopted Resolution No. 82-49 - Resolution of the City Council of the City of Lodi # "king applicable the provisions of Code of civil Procedure Section 1094.6 providing for judicial review of administrative decisions. 13. Council adopted Resolution No. 82-50 approving the 1982-83 San Joaquin County Council of Governments Budgc'- as submitted. 14. Council adopted Resolution No. 82-51 awarding the bid for "Lodi community Center Demolition of Excess Buildings" to R.L. Hunger Building and Wrecking, the low bidder, in the amount of $0.00 for Alternate "A", with the City of Lodi to pay for the $-50,000 Performance Bond, and directing Staff to negotiate with Mr. Hunger for the yellow brick at the site. 15. Council adopted Resolutios v No. 82-52 - Reso-lutl'6n adopting an Appropria- tions Spending Limit for 1982-S3. in compliance with Proposition 4 Article XIIIB of the State Constitution. 16. City Clerk Reimche was directed to forward a letter on behalf of the Council.to our State legislators urging that there be no elimination of additional City subventions i.e. suspension.of vehicle in lieu licet,we'fees and cigarette tax. X. Mayor Reid, with the concurrenceofthe city -Council, -appointed Cecil, Dillon to fill the unexpired term of Ronald. W7 Slate 14 year term) on the Economic Development Commission. 18. Mayor- Reidi with the concurrence of the City- Council, submitted the name of Naomi McCallum Carey for appointment to. the San Joaquin County Art& Commission., 19. Mayor Reid directed tha-t Staff prepare recommendations for presentation at -the June 2, 1902 Council meeting for the forming of a five -member Task Force to look into problems at Lodi Lake Park., including a possible Noise Ordinance. The Task Force is to consist of a City Council, member, representative of the Planning Dept., Parks and Recreation Dept., Police Dept., and &- representative from the young people from the area of concern at, the l=ake. 20. Council adopted the following ordinances: a) Ordinance No. 1257 - General Plan -Lana Use Element Amendment No. GPA -W-82-1, containing 4 sections. b) Ordinance No. 12,58 - ordinance amending P -D(21), Planned, Development District No. 21, by. eliminating Single -Family Development and permitting professional offices and condominiums at 1600 west Kettleman Lane and 1500 through 1524 Lakeshore Drive. i�r��J,z.�, ^� r ��2 ) .. F 9 { 'z�T`� i �x�`�w � � _'^��..�'___. _ � as � � �. � .W i , ,, ys al �. , �" County of San Joaquin. I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen . years, and not a party to or intereste&In the above - entitled matter. I am the principal clerk of 'the printer of the Lodi News-SenthA a newspaper Of general circulation, printed and published daily. except Sunda" and holidays. In the City of Lodi, California, County of San Joaquin, and which news- paper has been- -adjudged a newspaper of general circulation by, the Superior Court. Department 3, of the County of San Joaqulr4 State of California, under the date of ?&y 26th. 1953. Case Nurnber- _WW. that -the` notice, of which th4r,annexed 4& -it - printed copy (set In type not-,=Wler than non- pareil).. has been published In each regular and entire issue of said newspaper and not in any -*up- plement thereof on the following dates. to -wit- ...................... . .......... ...................... . .......... all in the year 19.-R. I certify (or declu*) under penalty of perjury that the, foregoing Is true and correct. Dated at Lodi. California. this _.§ th ... day of May.. . ........... 191a.. .. ...... .... ...... . ... cure This space is "0 County Clerk's Filing stamp Proof Of Publication Of PUBLIC HEARING . . ............. . ... . . . .............. . ............. . .. . .. . .......... . . ............. 9 MUL3ERRY CGURT ME PROOF OF PUBLICATION 7T-5— AGENTr LOCA $G INFOf.ASTlrR t-0I't S 1M153. 06/02/82 ZSuc:*;: PM 12. t L �iC Pic Sl,c, 4 356-.,4A"0_9- Q2. 1152A MD T x 171538 b�U AGENT LOCA �6t 1309-, W LO,D I GA '102 06-02 1.24 7P FST' p■Ir T- C0U•,a!,CIyL;=G.ITY��LOD.I 'CI -I Y- CLER.>� ��': DLY MGM9 DLR ASA -P, DLR�� ryS�ei /..fir Ft+V { �, • t , i + , .. - , LL''. irR QF CITY COUNCIL CITY ATTORNEY AND BUILDING ,INSPECTORKt }_ F I"111�cfi:{�EOAtr'NOT, ATIENQ COUNCIL MEETING J;t�NE 2 I98Q I0, t iy il-II;-I�`I�tG PE'£tf'1IT Ta':.DENNIS. L WIS ai. 9'. lfl6L8ERRY _CbURT "�5CI8 � HtlALER£ALJEST •.TO AFOREMENTIONED .PEOPLE TO VIS2T j S 1i i3 N I`S LEIdiS A 1tD `P.R 'AND MiRS jOLDERSMq REFOR.E' GRA N7.I NG iR�MI�% ,t3R $OLRR ',RlCGK' flJ S:, NOW..PROQOSED* REQUEST, 'STOP �xS=5E•TTLER JUD(38 FAIRLY% f:Kt, rI�SSUES INVOLVE' RIt3HIS Z. U . 0"' P. A Id TS -,OF .FR.ESX -AtR. SUNLIGHT :SAFETY,,,OF "ALL, PER SONG _ - VE ti T'IHI 'BE.'READ, AT THE.:PUFLIC. MEETING `OF THIS DATES OL'DOM NiC1L'!� RYcCRCLE A tY rV „P M� f y Ys i .AvrLy' M r t�� i �A" ".s�✓d'E .ALA Y. -5 ,. "5� �,..,� � .. EST �.�:f`m+i �-s-�tp�`s,�. ri ,{a y �;}' y,•� mak. � ._ a � ., � .a ,Y.�,�..'r Twol A'4 x m* fi 1 k t ,� MEN NOTICE OF PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY -OF LODI TO CONSIDER THE APPEAL OF DENNIS LEWIS, 9 MULBERRY COURT OF THE PLANNING COMPIISS•ION'S DENTAL OF HIS REQUEST TO CONSTRUCT A SOLAR COLLECTION RACK IN A REQUIRED REAR YARD . SETBACK AT 9 MULBERRY COURT (ASSESSOR'S PARCEL NO. 057-360-49) NOTICE IS HEREBY GIVEN that on Wednesday, May 19, 1982 at the hour of 8:00 p.m. or as soon thereafter as the matter may be heard, the Lodi City Council will conduct a public hearing in... 'the Council Chambers, City Hall, 221 West Pine Street, Lodi, California, to consider the appeal of Dennis Lewis, 9 Mulberry Court of the Planning Commission's denial of his request to construct a solar collection rack in a required rear yard setback at 9 Mulberry Court (Assessor's Parcel No. 057=360-49). Information regarding this itemmaybe obtained in the office of the Community Development -Director at 221 West Pine Street, Lodi, California. All interested persons are invited to present their views either for or against the above proposal. 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.. Dated: May 5, 1982 By Order of the City Council ALICE M. REIMCHE City Clerk itfil ly ;: f kk BLACR PIPING Pot S OLA R HEA T/NG OF POOL WATER r f SCC 4f ` u �s�k:r� `Y �w •b � �� l T e�F S 34;rz ti � �•,� .0 itt a re �� °�� k 't9I,�e iFr�' O' SN, - tZ.dd y OVERALL L€NGHT: -%5/O-'/ 0 VG YV LL' 10 r1 • lo Q y ���t,� f A� � -, a ..,I, ,,.• _. - .. ...-..�„_. t ..�-.--:....r _ ;:..h ., .-. �., �'... . .. F J� £7 �.E11NISZONING OR01'NANCE iNT.ERPRETATIOREQUES7.� to construct a solar coiiNector rock in required rearyord 9 MULBERRY COURT > APS �D57-360-49: � �""��J�`r'sr ;�.,� .l,.e.+,ry ?e...! ..,f .::n i +,f.� ,yr a_, i! •. ( 1 � :' 4 �y.F'� ���`i 5. ` -, 1 R ,o • .. — os�o sow, RAC J r PROP Nr - -tA • EXIST1 NG HOUSE LEWIS ZONING ORDNANCE INTERPRETATION REQUEST to construct a 0161 cofloctor rock , �a In required. retic yord 9 MULBERRY COURT' AP's©5T-340-49' 51.68' i 1 COUR7 { I,AULBERR`� 'i7777. _. I V-3 Zolmm. 427-3 which does not conform to the use regulations of the district in d which it is located. Nursing komt or convaltscext !tome: A facility providing bed care or convalescent care for one or more persons. exclusive of relatives i who require professional nursing care including close medical super- vision. professional observation or the exercise of professional judg- ment. but not serving or admitting persons with mental or communi- cable diseases and wherein there is no surgery or other similar activi- ties customarily provided in -hospitals. Persons suffering from senility or exhibiting such minor symptoms as confusion. loss of 'memory or disorientation shalt nat- be considered mental patients within the definition of this chapter. Stable. A private stable is an accessory building in which not more than three horses are kept. A stable with a capacity of more than three horses shalt be considered as a public stable - Story. That portionofa building included between the surface of any floor and the surface of the Boor next above it. or the ceiling next above it. if there. be no floor. A half story is a story with at least two opposite exterior sides meeting a sloping roof not move than two feet above such floor. Strut. A public or private thoroughfare more than twenty feet wide. dedicated as such or condemned for use as such. which affords the principal means of ai mms to abutting property. A street line is the boundary line between the street and abutting property. Structural alteratiam.``Any change tending to prolong the life of the supporting members of a building. such as bearing walls, columns. beams or girders. Structure. Anything constructed or erected and the use of which requires permanent location on the ground, but not including walls of fences less than sitz feet high. or pergolas, or lath houses or other minor improvements: Fruiter. A vehicle without. motive power. designed to be drawn by a motor vehicle and used for human habitation or carrying persons. Use. The purpose for which premises or a building thereon is de- signed, arranged or intended. or for which it is or may be occupied or maintained, Any agricultural, use of premises in any residence dis- trict shall be deemed to be a use which is accessory to the use of the premises for midence purpose. Yards. Open spaces on the same lotr with a building and open and unobstructed from the ground upward. except as otherwise herein 245 - Supp. • 13. 1142 I 11 IW yrJ` _...... z t EM rack was?not a stru�ture:.as. defined ;in, the City Code of the' F_ �s 5� Should your -have any:questians regarding the action, please;dox"r� not" hesitate , to: call ' this of f ice: _ r 99 Very truly' yours," May: 26, 1982 y 61-1 4_ Nil -, - ` Dennis-. Lewis z: Alice'; H,6:.Reimche Y 9 -Mulberry. Court . - City Clerk. I:odi CAs''95240 Dear<Mr.--Lewiss :. This;letter will confirm the AC tion by the Lodi r� v± ,taken Council:. at. -its regular:meeting=af:'May .,19 ' 1982, : foilorririq ,City a { :public hearingn the:,matter, whereby the Council .reversed ,the . Planning:-.Commis"si's denial of : your- appeal ;to construct a ; =' ts,:. 'on . solar collection rack_ n a regu rel Zear yard set 2ack at 9: ` Mulberry: Court, Lodi,, ;Californi* (Assessor"s.._Parcea No �- :;.. .. rack was?not a stru�ture:.as. defined ;in, the City Code of the' F_ City .of Lodi.; Should your -have any:questians regarding the action, please;dox"r� not" hesitate , to: call ' this of f ice: _ 99 Very truly' yours," y 61-1 4_ - ` Alice'; H,6:.Reimche Y - City Clerk. AR: dq v± ...Cc:: - "Jim : Schroeder ts,:. Community Development Director `