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HomeMy WebLinkAboutAgenda Report - July 6, 1994 (61)CITY COUNCL MEETING JULY 20, 1994 REQUEST TO RECONSIDER DONATI APPEAL REGARDING REQUEST TO BUILDING SWIMMING POOL DECKUPATIO OVER A PUE John Donati, 1217 Edgewood Drive, Lodi, requested that the City Council reconsider the derision it made at the Juty 6, 1994 City Council meeting t4 deny his appeal to build a swimming pool decidpatio over a Public UtBty Easement. Mr. Donati feels that staff rrdsinformed the City Council, which caused it to mala an uninfom»d decision, and, therefore, presented a statement (which is on Me in the City Clerk's office) clearing up his concerns. City Attorney McNatt indicated that a motion would be required by the prevailing side to reconsider the matter. Council Members Pennino and Mann and Mayor Sieglock (of the prevailing side) indicated they would like to review Mr. Donati's material before making a decision and assured Mr. Donati they would respond to him within the next week. FILE NO. CC -53(b) a so July 20, 1994 City Council of Lodi clo Lodi City Clerk 221 West Pine Street Lodi, CA 95240 Re: Appeal aloha Donati, 1217 Edgewood Drive, Requesting to Build a Deck/Pado Over a Public Utility Easement and to Enter into a Hold Harmless Agreement with the City of Lodi. On Wednesday, July 6, 1994 the members of the City Council denied my appeal, 3-1, to encroach 3' into an 8' P.U.B. with a 4" concrete and brick deck. A number of item were stated by City employees during the public hearing that I could not respond to as they were not in my, nor the Council's, scope of knowledge. Upon Maher discussions with the City Attorney, Building Dept. and Public Walks, I iced your decision, through no fink of your own, was based upon misinformation and a lack of knowledge of similar requests. Because I fat your decision was reached without an aeceuate picture being presented by the Comnci 's advisors, I am.,;, g that you reconsider your prior derision and allow ., ; 1 . to reach an informed decision based on actual, specific facts and examples by granting me a re -hearing. Attached are items I feel were mi.,, ., . J and not presented by your advisors which are very important in reaching an informed decision. The information presented is information from City of Lodi . departments, obtained by me in Less than an hours time; Information that is easily and readily available if your ask for it or if you know to ask for it ft presents three cases very similar, if not more enmema, to mine in which encroachment permits were approved, usually without any fuss. In closing, let me reiterate that my only goal is still the same, to upgrade my family's home by building a poral and surrounding decking, not rewrite ordinances or endanger the public's ad re. I am aware that your initial decision is "final" and that I do have recourse through the courts. Instead of taking a non- productive, negative path. I ask that you grant my request so you have a chance to make a fair, equitable and informed Thank you, John D. Donati 1217 Edgewood Drive Lodi, CA 93240 (209)333-7466 attachments w..•nyf+-s.0 The purpose of this section is to present aoarate information that was spealaled on during the July 6, 1994 public hearing. lnfonmtian enclosed has been given to me by City employees (FACT), as wd1 the information dud was stated at the bearing. by whom and to the best et my recollection. I will afro add my thoughts on each issue (COMMENT). 1. WATFji MAIN PLACEMENT FACT: The placement of the Water Main line in the P.U.E. is 1' from southern property line. Its depth is 3'. The line was marked by City employes on July 15,1994 at owner's Tering FACT: The Water Main line will be 4' from the edge of the decking. RONSKO: The Water Main line is 3'4' from property line and 1' foot from the decking. About 3' clearance minimum is required to dig down to the line. COMMENT: 4' is more than reasonable ckaranoe for standard digging purposes. 2. WATER METER PLACEMENT FACT: The water line into the house runs parallel to the est property line. It is coveted with dirt and ground cover. The line was narked by City employes on Jay 15, 1994 at owner's request. RONSKO: The meter might have to be placed in the dock area, or posslly even in the pod itself COMMENT: I have no idea why ,,,bee�brought up this non -issue, penally trying to broader the issue at hand with more unknown, , . , r , I , r 'Med remarks. Setting of a water meter will not be a concern and is not an issue. 3. &IARDSHIP MJST BE SHOWN FACT: The Lodi City Municipal Code section that my building permit is being reviewed under is Chapter 13.44 as mentioned in the Mar. 4, 1994 letter to me and the Council Communication letter prepared by Public Works Director, Jack Rondo) for the City Council, dated July 6, 1994. McNAT'T: When asked by the Council during the public hearing if a "baedship" bad to be shown in the appal process, City Attorney Bob McNatt stated, "Yes" and went on to explain how for equality in fbture decisions this decision needed to have special reasons ... FACT: Nowhere in Chapter 15.44 does it state that a "hardship" must be want. It does state that an encroachment permit is required (15.44.030.B) and the appeal process is directly to the City Council (15.44.100). FACT: All 3 Council members who voted against my initial appeal stated they "did not see a hardship and thus had to vote 'No—. FACT: On July 18, 1994, when asked his reference source for " hardship", Mr. McNatt stated it was Munici a1 Code 17.72 and faxed me a copy for reefence. COMMENT: Code 17.22 refers to the "Zoning Commission" and "Zoning Appeals". Nowhere in this code does it mention " .. , . ' or " ., w , , -, t peraaits". Code 17.22 also states its appeal process goes through the Planning C „ ... , i first, -thea City Council. Code 17.22 has nothing to do with my situation and items mentioned in its text should t not be inferred into Code 13.44. Thus, 3 o4 the Council members voted against my appal, specifically on requirements that were not pertinent t0 my permit review on advise from their staff. 4. MY REQUEST IS UNIOJ FACT: &kw requests Were granted during January and February 1994, alone. - Maurice Ray, 1201 Edgewood Dr.— spa, pool house, non -moveable shod, ... on 8' P.U.B. - Anthony Alegre, 1630 Edgewood Dr. — steps at rear of house on 3' P.U.B. - Seventh Day Adventist, 730 S. Fairmont Ave. — 6+' tall block wall with lbu dation on 8' P.U.E. 1 RONSKO: Stated be could only . , r . w 1 request in his 15 years that was similar to mine. Also. if the Council O.K.'d my appal "they might as well change the code so future rognats won't have to go through this process", • COMMENT: In less than 1 hour I found two permits that seemed to be given over the counter and Mr. Ray's that went through the Canocil. If I found them so fast and easy, bow, came Mr. Ronako doesn't seen to know their plenitude. Maybe he has only seen 1 in 15 yaws because most are O.K.'d over the counter and are not required to go through my long ordeal. Also, it seems as though 2 of these requests were given alter wodt had either started or even completed. There is the , r, r .. . .. that even though people break the law by building without permits, they are allowed to keep their violation because it would cost too much to corroct it. Yet when I request a similar or more minor �.... ens. up front, adhering to code. I get different consideration. S. ALLOWABLE COVERAGE FACT: In the Public Works Department's "Owner's Certificate" (see attachment 1) that Won are subject to and code 15.44 that 1 am being reviewed under, it states. "No building or structures shall be constructed nor shall anything be planted within the easement which would interfere with the use or operation of public utilities in the easement." There are no specifics given in either document as to limitations of what is allowable or not. RONSKO: Says that he allows up to a standard 4" concrete slab and plants that don't grow into the pipes. COMMENT: I am being reviewed on a standard for which there isn't anything in writing. Since there are no specifics, the code is kR open to I w .; r.. , but whose i . r ... „jour Mr. Ronsko allows 4", his people allow for more over the coumier, as does the City Council. Also, my project does not "interfere with the use or operation of public utilities" any more so than previous permits that have been approved. I evert to be given the same conciliation that others before me were given. 2 e The follow has 3 of projects similar in nature to mine . 1 pennies EXAMPLE #1 MAURICt RAY.1201 EDGEWOOD DR, SITUATION: Built in-gccand spa, massive pool home, stomp shed, ... inn' P.U.E., without permits. Actually built over City water main, rendering the water main and the water service inaccessible. This was declared a public nuisance and . , . w . , . He was ordered to abate these structures. For more detailed information please refer to City file regarding this issue. OUTCOME: Appeal unanimousiv approved by the Council on Feb. 16, 1994. The Council found that he was substantial damaged (monetarily) and stated, "the granting of the permit will not be materially detrimental to the public interest, safety, health and welfare or injurious to other properties." COMMENT: 1. I wish I could afford his lawyer. 2. Hive next door to Mr. Ray. While his encroschmentC do not bother me, itis apparent that I ars sot being treated fairly, nor equitably. He has "strutters". His pool hoose is 8 -foot+ tall with a 6"X12" top beam, enclosed walls, full bath (plumbing). I am looking to build up loam soil 18", put on a 4" concrete slab with .. . brick. Mme is not a structure. 3. He encroached massively, even on top of the water main rendering it ins le. I am requesting to encroach only 3' and I will still be 4' from the City water main. There is no way Mr. Rondo an complain about my situation when you compare it to whet has been approved hale. 4. His in -ground spa is in the P.U.E.. I consciously put my spa outside the P.U.E. is order not to beat the code. It will be 2' away. S. Without making major changes, Mr. Ray has agreed to hold the City harmless, as I too have agreed all along, but on a much, much smalls project. 6. All of his aforementioned work was done without permits, a direct violation tithe law, yet because it might cost him 820,000+ to comply, the Council allowed him the encroachment permits. I am requesting up front, without breaking the law, a much smaller encroachment and should not aced any ler conciliation than was shown Mr. Ray. 7. If the Council has found "the granting of the permit will not be materially detrimental to the public interest, safety, health and welfare or injurious to other properties" for Mr. Ray, there is no equitable way they can find less for my appeal. EXAMPLE #2 ANTHONY ALEGRE.1630 gDGEWOOD DR, r SITUATION: The steps at the rear of the house . ,. .1 in a S' P.U.E. The . , . , ..' . , . was started on Dec. 8, 1993, but the ..: : , , . permit wasn't approved until Feb. 3, 1994. it is my . , 'x. , g the permit was obtained after the encroachment was discovered. OUTCOME: With no back up 1.V . ........ on, it appears the w , w , . , , .. permit was approved over the counter on Feb. 3, 1994. It also appears as though Mr. Alegre agreed to a "Hold Harmless" apeemeat with the City. See attachment 2 3 COMMENT: 1. Similar to Mr. Ray, it appears this permit was issued after the fut. not up front as I am trying to 2. At my initial !tearing, Mr. Ronsko seem to have a major concern with the fact that my deck was going to have steps, yet his department approved a permit for Mr. Alegre for sputa► that, stain. The stain must be higher than 4", because Mr. Ronsko aliowa up to 4" concrete slab without a permit. 3. Mr. Alegre put in stairs in a P.U.E., I am requesting to put stairs in a P.U.E. I am expecting no less conciliation than what was shown Mr. Alegre. EXAMPLE H3 SEVENTH DAY ADVENTIST CHURCH. 730 & FAIRMONT eVEa SITUATION: The Church built a 6' tall block wall in the g' P.U.E. It is on the north and east part of their property and is appx 750' long. Being a very iolid wall, it appears to have a sturdy foundation. OUTCOME: With no back up dos,, it appears the encroachment permit was approved over the "counter on Jan. 24, 1994. It also appears as though the Church agreed to a "Hold Harmless" ,; . , with the City. See attachment 3. COMMENT: 1. It appears the Church requested the permit prior to starting their project. 2. During my hearing Mr. Rouslco expressed concern that my la" loam filled deck world be tougher dna usual to demolish should "there be a fire and the City water main were to break at the same time." This structure was approved and is much taller and more heavily .1 than my project. 3. As with the other 2 examples, I am expecting no las conciliation than what was shown hereto the Church. • 4 tor. mw CITY OF LODI PUBLIC WORKS DEPARTMENT No Date �atrl0/Sh ,•,, tmtsu r ...i. MAP CERTIFICATES awns, CERTIFICATE Ne certify that we are the only parties having record title interest la the lands subdivided and shown on this map and we consent to the preparation and recordation of this ship. (its offer to dedicate for public use nil streets and public utility easements (PM) shown .on this sop. The POE dedication gives the City, owners of public utilities, and owners of cable IV fraeaises the right to access, construct, saintala, inspect. repair, replace, remove, mad operate their facilities in the POEs. No buildings or structures shall be constructed nor shall anything be planted within the. easement which would interfere with thecae or operation of public utilities la the eeseaiat. (date) Name(s) RECORDER'S CERTIFICATE 1 Filed this day of , 19 , at n. in (Book of Maps i Plats, Volume , page _) (Nook ` of Parcel Maps, at page ) at the request of Signed BY County Recorder Deputy NOTES (One where applicable) 1. Lot except areas cowered by buildings or structures shown on the approved building Permit plana and ..t revisions thereto is hereby offered u a public utility easement. "Subsequent revisions" to the plans shall be approved by the affected utilities and any necessary utility relocations will be sods at the expense of the developer/owner. 2. Requ•remants of the Lodi Municipal Code for the dedication of rights-of-way and sasesents, payment of tees and installation of off-site street improvements end utilities have not been net et this time and must be met prior to development or issuance of a building permit or when requested by the City (oa Parcels _). Revision Aoar. Approved �� 1i. wares avatar a. ow (STO PLAN cnCo „aim� 6058, • ..yrs....... caw. r. .�!+.n -.vM+r �v.n+.vsx�.•.-w.n! r.w..�... .—....,... a .....a..ro•••aor.eM4susNlea•.YA.Mt+.+.nx'.'/•••••,r.•d'ZNAW•0 •A teigiaM: CITY O ODI .. - .-Y. -.Ar irr,fCYwi eX T a2 ENCROACHMENT PERMIT PUBLIC WORKS DEPARTMENT 221 W. PINE ST.333.0706 CALL CA 3006 LODI,CALI \ FORNIA 95241.1!10 $Permit Address 1630 Frlgpwnnd Driv (PPI!# • 039-37040) Applicant's Name (Owner/Contractor) Anthony J. Alegre Address situs Starting Date 1,2!6$/¢3__ Completion Date License No. Phone OwnerlContractor Addresr Phone Pursuant b de provisions of the Lodi Municipal Cods, ter undersigned applies for permission t0 excavate. construct. andfer otherwise encroach on City Street Rightot-way or Easement by perfamin0 ler following wale NOTIFY USA (800) 642.2444 48 HOURS PRIOR TO ANY EXCAVATION. The work consists of portion of residential structure (steps at rear of house) encroaching within a c-fnnt Puhlty Easetient. Encroachnent.is as shown on approved Building Dept. plans. The City holds no responsibility for damage to structure due to use of rignt-or-way maintenance on existing utilities or install- ation of new public facilitipc. Encroaching sturcture is to be maintained by Owner. • ved or demolished, this encroachment permit becomes void and reconstruction of any algal l 0L I Jc Li Ll.c c .uu Jct Euotrlrtrr L Deed Owner agrees. to notify any future owner of this requirement. Permit void if work not started within 8 months of permit date. (Space For Sketch) O Licensed Contractor required for this work. O Certificate of Insurance in the owner's name which names the City of Lodi as an Additional Named insured for Com- prehensive General and Automobile insurance in the amount of $1,000,000 combined single limit is required The undersigned does hereby agree to Indemnify and save the City of Lodi free and harmisea from any Naelply. en with the proNdpts of sea 12.04.040 of the Lodi Municipal Cods. Permittee Is apecificany aware of See. 1201.200 thereof relating to the niocatlen or removal01 said encroachment If future construction requires such relocation. If the work to which this enaoachmsnt permit hes been Issued has not been completed by of Lodi Wien have the right to complete ter work and ton Caws of and bee In with the proelsions of Sec. 12.04 ter ASigned 1 U� v Date t • "Required Improvement Security 1 ... 1 .. . meaty Cry's expenses in completing the work and to ass other costs Certificate of Insurance Comp. Gen. Policy No. Automotive Policy No. Referred to Mel Grandi Date Exp. Exp. Inspected Date Completed Date Reviewed Date ergo - ape This permit is granted anbiaet to as preh4sions of CMOs, 12.04 of the Lodl Municipal Code and to ass re general provielaand applicants special provi- sions as shown on the reverse aide. Permit Approved: ITY OF LODI By: o Public Above Ground o Public underground Et Private, ro be rw.www ver, lsealeI by owner ae rsgrwea o Other Permit No. 94,/eV Date.,u1:0 Whits-laspector YeMm..iMe Mnk.irrmab. Aor»rar. m.mn, ,`1 CITY OF + DI PUBLIC WORKS DEPARTMENT 221 W. PINE ST. 3334706 CALL BOX 3006 LODI, CALIFORNIA 95241.1616 Permit Address 73Q SOUTH FAI RMONT AVFJ4UC Applicants Nam Seventh Day, Adventists Northern Starting Date 1/24/94 Completion Date ENCR ACHMENT PERMIT III Calif, Conference Assn Address 94523 Ucense No. Phone Owner/Contractor Address Phone Pursuant to the provisions of the Lodi Municipal Cods. the undersgnsd applies for permission to exeavale. oa !tet. endf0r ethwwts urnrlleh on City Street Right of-wq or Easement by performing the Wowing wo,t NOTIFY USA (800) 642.244448AI HOURS BLBLp ORIKdTTO IN ANY EXCAVATION. INSTALThe work consists of THE 8 FOOT PUBLIC UTILITY EASEMENT (8'PUE) ON THE NORTH AND EAST PROPERTY LINES OF THE ABOVE SITE; INSTALLATION . (Letter of authorization from "Northern California Conference Assoc. of The Cit holds no res nsibli11t for damage to structure due Seventh-Dayatc edventists" City p° y g attached.) , use .141L ..f ..u, Ire maiulalrrlrry vf cw61.1n9 uLI i sties or installation of new public facilities. Owner agrees to relocate at. his expense encroaching structure, if . c.4.1. uJ, 1,, CIL'. Lnr..i ..arrlli.ry .Lr ut.Lur c Id i.0 Le maintained by owner. Owner agrees to notify any future owner of this requirement. Permit void if work not started within 6 months of permit date. (Space For Sketch) O Licensed Contractor required for this work. O Certificate of Insurance In the owner's name which names the City of Lodi as an Additional Named Insured for Com. prehensive General and Automobile insurance in the amount of 11.000„000 combined single Until is required. The undersigned doss hereby agree to indemnify and saw the Clty el Lodi hes and harmless from any MabMMy. M rs111t the praNlehe (*See. 12.04.010 of the Lodi MurNeipel Cods. Pennine is spontaneity same of SOC. 12.042110 thereof misting to the reMosti naremevel ef sW If future contraction requires such relocation. the work rot wiu h Irma snaoschm.nt permit has boon Issued has not been composted by Me City of Lodi sine nave the nom to Comp1NS tris work and to nits Canoe of Action to recoup the City's ofnps naee al OnmplNMie the woo sed ter die Wm cools and foss in ... . with the provisions of 8sc. 12.04.J»014 N Lodi Municipal Coda. \Date Amt !l. 1993 fRequired Improvement Security Signed Certificate of Insurance Comp. Gen. Policy No. Exp. Automotive Policy No. l:xp Referred to GARY MURDOCK ( 333-6836 ,, , inspected Completed \Reviewed Date Date - f� Date PA roR This permit is granted subject to all prodder.. of Mplsr 12.04 of the tad)\ Municipal Code and to she general movables and sppr-aa. WNWOw* stens as Mown on the MAIN side. Permit Approved: CITY OF LQ BY O Public Above Ground O Public Underground MX Private, to w.aeMlwM «toteal oatbom gwt yOOdse se O Other Permit No. gels .te SA0 - !00 waft- innertor vaun...as P o -row Wus stet.. Pisces