Loading...
HomeMy WebLinkAboutPH 1 USE PERMIT 83-25 01-03-84DATE: January 3, 1984 PUBLIC HEARINGS ,lO. 1 1-3-84 Inter-Corn FROH: $ UBJ ECT: Honorable Mayor & City Council Members Community Development Department Appeal of Use Permit 83-25 Applicant: Location: Zone: Request:. O'Dell and Associates on behalf of Mr. & Mrs. William Heller 1331 Garland Avenue {northwest corner of Garland Avenue and Woodlawn Avenue) R-l, Single-Family Residential Authorization to retain an illegally constructed block wall that exceeds the standard height requirement for the zone Background & Discussion On December 12, 1983, the Planning Commission granted Use Permit 83-25. This action permitted retention of a block wall located at 1331 Garland Avenue, which had been constructed without building permits and in excess of the maximum height allowed in the-zone. The height of th~'wall along. the Woodlawn Avenue property line is nine feet (g')when measured from the sidewalk side to the top of the wall. On December 19, 1983, the City Council appealed the Planning Commission decision and a public hearing was scheduled for January 3, 1984. Details concerning the location and height of the wall, as well as other issues of concern to the Community Development Department, are contained in the attached report to the Planning Commission. However, the Planning Commission limited Conditions of Approval the following: All structural calculations, plans and other required documents must be submitted to the Building Depatment for review and permit issuance. These documents must demonstrate the structural integrity of the wall specifically by showing footing size, and the'horizontal and vertical reinforcing steel. Additionally, as required by the Building Inspector, the footings supporting the wall shall be exposed to ensure that they comply with the requirements of the Uniform Building Code'. These calculations, plans and all other required documents shall be submitted to the Building Department with'in 60 days from the date of approval. Use Permit 83-25 January 3, 1984 Page 2 That a curb cut and drive apron must be installed to accommodate vehicle egress and ingress at the point where a gate has been installed as a part of the wall along Woodlawn Avenue. Plans for the curb cut and drive apron must meet all City standards and must be approved by the City Engineer. Prior to any work within the public right-of-way, all required permits must be obtained from the Public Works Department. As of this report preparation date, plans and structural calculations have not been submitted to the Building Department for plan check and permit issuance. Recoumendation Pleasure of the Council Attachments: Report to the Planning Commission - DeCember 12~ 1983 Community Development Department Report to the Planning CommissiOn PUBLIC HEARING NO. i DECEMBER 12, 1983 SUBJECT: Use Permit 83-25 APPLICANT: O'Dell and Associates OWNER: Mr. & Mrs. William Heller LOCATION: 1331 Garland Avenue (northwest corner of Garland and Woodlawn Ave.) ZONING: Single-Family Residential (R-l) ENVIRONMENTAL STATUS: Class 3 Categorical Exemption (Section 15303e) REQUEST: Authorization to retain an illegally constructed block walq that exceeds the standard height requirement for the zone BACKGROUND A block wall was constructed around the perimeter of the rear yard of the property at 1331 Garland Avenue without the required building permit. The subject parcel is a corner lot, bounded on the east by Woodlawn Avenue and Garland Avenue to the south. The height of the wall along the Woodlawn property line is nine feet (9') in height when measured from grade level of the public sidewalk. This is the only area where the wall is higher than 6'-8". A conditional use permit is required for any fence or wall in excess of 6'-8" in height. A gateway opening onto Woodlawn Avenue has been incorporated into the wall and is inset almost five feet (5') from the sidewalk. The width of the gate is eleven feet (11'). Additionally a concrete ramp leading down from the gate to the sidewalk has been installed. Any use of this ramp for vehicle access would be illegal since there is no curb cut or drive apron at that particular location. The block wall replaced a wooden fence that was setback five feet (6') from the Woodlawn property line. SITE ANALYSIS As has been indicated, the wall is nine feet {9') high only along Woodlawn Avenue. The remainder of the yard is enclosed by a wall 6'-8" in height. This discrepancy is a result of an approximate 2'-6" grade differential sloping downward from the back yard area to the Woodlawn property line. The opposite property line and rear property line are on the same grade level, 2'6" higher ~ Community Development Depart ment "~ Use Permit 83-25 December 12, 1983 Page 2 than along Woodlawn. Therefore, in order to maintain a uniform height of the wall, and maximize the open space in rear yard by building on property lines, the wall is 9' high in the area previously indicated. ISSUE AM~J_YSIS In this instance, the requirement for a conditional use permit only relates to the height of the wall. However, there are other concerns staff has with the submittal. Specifically, the gate, the transition ram and the structural integrity of the wall. These issues will be addressed separately. Height If height had been the only irregularity, staff may have given a favorable recommendation for exceeding .the maximum height requirement, considering the site and the immediate area. The grade differential is a justification for a wall higher than 6'-8". Additionally, since a prevalent type or color of wall does not exist on other properties along Woodlawn Avenue, the aesthetic consideration of materials is not a major concern. However, the subject wall is approximately two feet (2') higher than any others in the immediate area, including the combination block and grapestake fence adjoining the subject property to the north. When viewing the wall from a distance, the nine-foot level appears to be too high. Staff recommends a more appropriate height, which can be accomplished by removing two layers of block from the top of the wall. The height would then be reduced to 7'-6". This would give the property owner a wall with an interior height of a little over five feet (5'). Gate and Transition Ramp Had plans for the wall been submitted to the Community Development Department prior to construction, the gate and concrete ram would not have been approved. The width of the gate provides for potential vehicular access. The steep angle of the incline, and poor visibility for exiting vehicles is not conducive to safe egress from the property. Also, there are no curb cuts or drive aprons at this location so vehicular use would be illegal and would damage public improvements. Even if the ramp was not utilized for vehicles on a daily basis, the potential for use of the rear yard as a storage area is greatly increased. Generally, this is not considered a desirable use in a residential zone. Stemming from these concerns, staff will recommend the gate be replaced with a permanent fence or wall. Community Development Department Use Permit 83-25 December 12, 1983 Page 2 Structural Integrity of the Wall Since the subject wall was constructed without any Building Department plan check, the structural integrity of the wall cannot be measured. Specifically the depth and size of the support footings must be ascertained, and the location and strength of re-inforcing steel must also be shown. Should the Commission determine that the wall will be permitted to remain in excess of 6'-8" in height, staff recommends that within 30 days of approval, all information demonstrating the structural characteristics of the wall shall be submitted to the Building Department. This information will be required even if the Commission does not authorize the height of the wall to exceed 6'-8". However, the precise height of the wall will determine what structural calculations are necessary. RECOI,~tENDATION It is recommended that Use Permit 83-25 be granted subject to the conditions contained in Exhibit A. As~ivstant Planner JSD:jh Attachments: Exhibit A Site Plan Area Map Community Development Department Exhibit Conditions of Approval · Use Permit 83-25 The height of the wall shall be reduced by the removal of the two top layers of block. The. existing gate must be eliminated, and a permanent block wall be constructed. The final elevation will be subject to approval of the Director of Community Development. All structural calculations, plans and other required documents must be submitted to the Building Department for review and permit issuance. These documents must demonstrate the structural integrity of the wall specifically by showing footing size, and the horizontal and vertical reinforcing steel. Additionally, as required by the building inspector, the footings supporting the wall shall be exposed to ensure that they comply with the requirements of the Uniform Building Code. Conditions 1, 2 and 3 must be'met within 30 days from the date of approval of Use Permit 83-25 or the.wall must be demolished. Community Development Department