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HomeMy WebLinkAboutB. Case No. VAR 08-261 - Michael and Marianne Toia CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: Approval of a variance to allow the reduction of a required minimum side yard setback from five feet to zero feet to allow construction of a golf cart shed located on property line for an existing single family home located at 46-020 Burroweed Lane. SUBMITTED BY: Kevin Swartz Assistant Planner APPLICANT: Michael and Marianne Toia CASE NO: VAR 08-261 DATE: November 18, 2008 EXECUTIVE SUMMARY: Approval of staff's recommendation will approve a variance for a golf cart shed within the required five foot side yard setback located on property line that is consistent with the single-family homes on Burroweed Lane. This case was referred by the Planning Commission to the City Council after a split (2-2) vote, but has been sent back to the Commission by the Council for a decision. II. BACKGROUND: A. PROPERTY DESCRIPTION: The project is located at 46-020 Burroweed Lane, north of Grapevine Street, and west of Portola Avenue. The property, totaling 6,900 square feet is a relatively flat rectangular shape lot and is surrounded by residentially zoned properties. The property is zoned R2, 8,000 which has a minimum lot size of 8,000 square feet. The minimum front yard is 15 feet, minimum rear yard is 20 feet, minimum side yard is 14 feet combined, with no side less than 5 feet, and the minimum side yard is 10 feet. The applicant has a 6,900 square foot lot which is smaller than the minimum standards, and is located on a corner increasing his side yard setbacks. The subject property was built in 1975 part of a 13 lot subdivision. Some of the homes were built prior to 1973 under the County of Riverside. Many of the homes were built directly on property line and share a common wall, consistent to the request by the applicant. STAFF REPORT VAR 08-261 November 18, 2008 Page 2 of 7 When the applicant purchased the home there was a dilapidated existing carport structure with an aluminum roof that extended from the garage to the common wall with a nine foot wooden gate. In January 2006 the applicant tore down the carport and received a permit from the City of Palm Desert for a gate enclosure that connected to the existing structure and common wall with a 4' x 8' header. The gate enclosure was built per the building code. After the permit closed the applicant proceeded to enclose the structure by adding a roof and garage door converting it into a structure, without obtaining the proper permits. The proposed structure has currently been built without permits for approximately two years. In April 2008 staff received a complaint by the neighbor when she cut down a tree and saw that metal flashing and a drain gutter were overlapping the common wall. As part of the variance, staff requested the applicant to submit a land survey by a licensed surveyor to verify the exact location of the shared property line. There were two surveys done. The first survey indicated that the lot line between Lots 1 and 2 (with the applicants Lot being lot 1 on tract No. 3862) is at/on the north face of the existing masonry wall. Upon reviewing the survey, staff found the survey incomplete due to insufficient information, and the owner of Lot 2 also questioned the survey. The applicant and the surveyor worked with city staff, obtaining the proper information such as tie-sheets that the surveyor needed in order to complete the survey. The second survey the surveyor found all monuments needed to complete the survey. The survey indicated that the property line is at the center of the existing masonry wall. Staff reviewed the survey and found it complete. B. ADJACENT ZONING AND LAND USE: North: R-1, 20,000 / Single Family South: R-2, 8,000 / Single Family East: R-2, 8,000 / Shadow Mountain Resort, Single Family West: R-2, 8,000/ Single Family C. MUNICIPAL CODE SECTION 25.78.010-A (VARIANCE) Variances from the terms of the zoning ordinance shall be granted only due to special circumstances applicable to the property including when the size, shape, topography, location or surroundings, or the strict application of the title deprives such property of privileges enjoyed by STAFF REPORT VAR 08-261 November 18, 2008 Page 3 of 7 other property in the vicinity and under identical zoning classification. Any variance or adjustment granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district in which the property is situated. D. PLANNING COMMISSION: The proposed project was presented to the Planning Commission on September 2, 2008. The Commissioners had a long discussion on this matter. Commissioners Tanner and R. Campbell stated that the proposed golf cart shed is consistent with the surrounding neighborhood and that the architecture would enhance the area. Commissioner Himont couldn't over look the fact that the structure had already been constructed, and didn't want to condone building without permits. Commissioner S. Campbell recommended denial, stating that she wouldn't like her neighbor building all the way to the common property line. After a failed 2-2 vote, the Commission by minute motion voted to send Variance 08-261 to the City Council with no recommendation. The motion carried 4-0 with Commissioner Schmidt absent. E. CITY COUNCIL: The proposed request for a variance was presented to the City Council on October 9, 2008. At the meeting there were three Councilmembers: Mayor Jean Benson, Mayor Pro Team Robert Spiegel, and Councilmember Cindy Finerty. There was a short discussion regarding the variance with Councilmember Finerty recommending to the applicant and neighbor, Ms. Suzanne Pride, to try and work something out, because "life is too short." The Council unanimously referred the issue back to the Planning Commission for a definitive recommendation. The applicant and Ms. Pride attempted to work out the issues regarding the request for a variance, but did not come to an agreement. III. PROJECT DESCRIPTION: The subject property is zoned R2 which states that the minimum side yard shall be 14 feet combined, each of which shall not be less then five feet. The applicant currently has 10 feet on the north side and five feet on the south side. The structure is located on property line, therefore the applicant is requesting a variance to build within the required side yard setback. STAFF REPORT VAR 08-261 November 18, 2008 Page 4 of 7 A. BUILDING DESCRIPTION: The proposed golf cart shed is 9 feet x 25 feet with a 6 foot wide garage door. The structure measures 8 feet to the highest point, and slopes down to 7 feet 8 inches. The structure is attached to the existing home and flush to the common wall. If the variance is granted a condition of approval has been placed on the project requiring the applicant to obtain all required permits. Another condition has been placed on the project that all materials overlapping the common wall must be removed and placed within the applicant's property. B. ARCHITECTURE: The project will incorporate a Modern architectural style utilizing tile roof, earth-toned colors to match existing home. Surface finishes consist of smooth plaster and stucco. At its meeting of March 11, 2008 the Architectural Review Commission (ARC) reviewed the project. The Commission generally supported the concept and offered comments. The Commission approved the project on aesthetic merit subject to: sloping the roof back; minimizing the raising of the roof to a max of 1 1/2" to get slope; redoing and cleaning up the entire flashing on perimeter of the structure; and not going over property line; and continuing the tile on roof. The project was approved on a 4-0-0-2 vote, with Commissioners DeLuna and Hanson absent. IV. ANALYSIS: Zoning Ordinance Section 25.18.070 requires side yard setbacks in the R-2 zone to be a minimum of 14 feet combined, "...each of which shall be not less than five feet." The applicant is requesting a variance to build a golf cart shed within the required setback of five feet. A. LOT SIZE: The property is zoned R2, 8,000 which has a minimum lot size of 8,000 square feet. The applicant has a 6,900 square foot lot which is smaller than the minimum standards, and is located on a corner increasing his side yard setbacks. Other homes along Burroweed Lane have similar lot sizes, and have structures built to property line sharing a common wall, which is consistent with the applicant's request. STAFF REPORT VAR 08-261 November 18, 2008 Page 5 of 7 B. LAND USE COMPATIBILITY: The proposed golf cart barn is located in an R-2, 8,000 zone. The proposed project is surrounded by residentially zoned properties. Many of the homes located on Burroweed Lane were built under the County of Riverside and were constructed to the property line sharing a common wall and do not have a setback on one side of their home. The applicant is requesting approval of a built structure within the five foot setback and it has been shown that the proposed use is compatible with the other residential uses in the surrounding area. FINDINGS FOR APPROVAL OF A VARIANCE: A. That the strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the ordinance codified in this title. The applicant has communicated to staff that if the variance is not granted, the resulting practical difficulty and unnecessary physical hardship would be costly to demolish and would have a negative impact to the property value. Although the subject property is zoned R-2, 8,000 the applicant's lot only contains 6,900 square feet and is smaller than the minimum standards and is located on a corner. The lot of the applicant's property poses a practical difficulty and physical hardship to the applicant being able to accomplish the proposed addition unless a variance is granted to reduce a required minimum 5-foot side yard setback to allow construction on property line. Given that the homes located on Burroweed Lane were built over 30 years ago and some of the homes are built to a common wall, the applicant's proposed expansion would be consistent with the existing neighborhood. B. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same zone. The property is a 6,900 square foot lot as compared to most other single family residential lots in the surrounding zone which have a minimum size of 8,000 square feet and for which the R-2 zone development standards were written. In addition, the applicant's home and many other similar older homes on similar size lots on Burroweed Lane were constructed under Riverside County Zoning Ordinance development standards which resulted in the construction of shared common walls. Staff agrees with the applicant's justification that there are exceptional or extraordinary circumstances or conditions applicable to the property involved that do not STAFF REPORT VAR 08-261 November 18, 2008 Page 6 of 7 already exist with regards to many other properties located on Burroweed Lane. C. That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same vicinity and zone. The applicant states that the strict or literal interpretation and enforcement of the required 5-foot side yard setback would deprive him of the ability to expand his home to property line since other homes on Burroweed Lane are built to property line, and are consistent to the applicants request for a golf cart barn. Additionally, as was stated previously, the applicant's home and other similar older homes on similar 6,900 square foot size lots were constructed under Riverside County Zoning Ordinance development standards which resulted in the construction of homes built to property line sharing a common wall. Therefore, the strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same vicinity and zone. In order to grant a variance, Municipal Code Section 25.78.070 requires that four findings be affirmed. D. That the granting of the variance or adjustment will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The proposed golf cart barn would enhance and improve the value and aesthetics of homes in his neighborhood. The proposed expansion would not be detrimental or materially injurious to the neighborhood since 95% of the neighbors are supporting the golf cart shed. The golf cart shed would not be supported by structures on the adjacent property, and would not drain onto neighboring parcel. Therefore, the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. V. CONCLUSION: The request for a variance to construct a golf cart shed within the required five foot side yard setback is consistent with the neighborhood. The design and layout of the proposed project will not interfere with the use and enjoyment of the existing neighborhood. The architecture is a style that will enhance the surrounding neighborhood. It can be concluded that the proposed use would be a favorable addition to the vicinity. STAFF REPORT VAR 08-261 November 18, 2008 Page 7 of 7 VI. ENVIRONMENTAL REVIEW: The project is a Class 32, Categorical Exemption for the purpose of CEQA and no further review is necessary. VII. RECOMMENDATION: That the Planning Commission adopt the findings and adopt Planning Commission Resolution No. , approving Case No. VAR 08-261, subject to conditions attached. VIII. ATTACHMENTS: A. Draft Resolution B. Legal Notice C. Planning Commission Notice of Action and Minutes D. City Council Notice of Action and Minutes E. Comments from other departments F. Architectural Review Commission Notice of Action and Minutes G. Plans and Exhibits H. Correspondence Submitted By: Department Head: Kevin Swartz Lauri Aylaian Assistant Planner Director, Community Development Approval: Ofgc"-c--52---- Fa/Homer Croy ACM, Development Services PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AND APPROVAL OF A VARIANCE TO CONSTRUCT A GOLF CART SHED WITHIN THE REQUIRED FIVE FOOT SIDE YARD SETBACK LOCATED ON PROPERTY LINE LOCATED AT 46-020 BURROWEED LANE. CASE NOS. VAR 08-261 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th of November, 2008, hold a duly noticed public hearing to consider the request of Michael & Mariane Toia for the above mentioned project; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 06-78," in that the Director of Community Development has determined that the project is a Class 32 categorical exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify approval of said request: FINDINGS FOR APPROVAL OF A VARIANCE: A. That the strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the ordinance codified in this title. The applicant has communicated to staff that if the variance is not granted, the resulting practical difficulty and unnecessary physical hardship would be costly to demolish and would have a negative impact to the property value. Although the subject property is zoned R-2, 8,000 the applicant's lot only contains 6,900 square feet and is smaller than the minimum standards and located on a corner. The lot of the applicant's property poses a practical difficulty and physical hardship to the applicant being able to accomplish the proposed addition unless a variance is granted to reduce a required minimum 5-foot side yard setback to allow construction on property line. Given that the homes located on Burroweed Lane were built over 30 years ago and some of the homes are built to a common wall, the applicant's proposed expansion would be consistent with the existing neighborhood. B. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same zone. PLANNING COMMISSION RESOLUTION NO. The property is a 6,900 square foot lot as compared to most other single family residential lots in the surrounding zone which have a minimum size of 8,000 square feet and for which the R-2 zone development standards were written. In addition, the applicant's home and many other similar older homes on similar size lots on Burroweed Lane were constructed under Riverside County Zoning Ordinance development standards which resulted in the construction of shared common walls. Staff agrees with the applicant's justification that there are exceptional or extraordinary circumstances or conditions applicable to the property involved that do not already exist with regards to many other properties located on Burroweed Lane. C. That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same vicinity and zone. The applicant states that the strict or literal interpretation and enforcement of the required 5-foot side yard setback would deprive him of the ability to expand his home to property line since other homes on Burroweed Lane are built to property line, and are consistent to the applicants request for a golf cart barn. Additionally, as was stated previously, the applicant's home and other similar older homes on similar 6,900 square foot size lots were constructed under Riverside County Zoning Ordinance development standards which resulted in the construction of homes built to property line sharing a common wall. Therefore, the strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same vicinity and zone. In order to grant a variance, Municipal Code Section 25.78.070 requires that four findings be affirmed. D. That the granting of the variance or adjustment will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The proposed golf cart barn would enhance and improve the value and aesthetics of homes in his neighborhood. The proposed expansion would not be detrimental or materially injurious to the neighborhood since 95% of the neighbors are supporting the golf cart shed. The golf cart shed would not be supported by structures on the adjacent property, and would not drain onto the neighboring parcel. Therefore, the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the commission in this case. 2 PLANNING COMMISSION RESOLUTION NO. 2. That approval of Variance 08-261, are hereby granted to the Planning Commission, subject to the attached conditions. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 18th day of November 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: VAN G. TANNER, Chairperson ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission 3 PLANNING COMMISSION RESOLUTION NO. CONDITIONS OF APPROVAL CASE NOs. VAR 08-261 Department of Community Development: 1. The development of the property shall conform substantially with exhibits on file with the department of community development/planning, as modified by the following conditions. 2. Construction of a portion of said project shall commence within one year from the date of final approval unless an extension of time is granted; otherwise said approval shall become null, void and of no effect whatsoever. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 4. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5. All materials overlapping or attached to the common wall must be removed. Building and Safety Department: 1. Project must conform to the current State of California Codes adopted at the time of plan check submittal. The following are the codes enforced at this time: 2007 CALIFORNIA BUILDING CODE (Based on 2006 IBC) 2007 CALIFORNIA MECHANICAL CODE (Based on 2006 UMC) 2007 CALIFORNIA PLUMBING CODE (Based on 2006 UPC) 2007 CALIFORNIA ELECTRICAL CODE (Based on 2005 NEC) 2007 CALIFORNIA ENERGY CODE 2007 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE 2007 CALIFORNIA FIRE CODE 4 PLANNING COMMISSION RESOLUTION NO. 2. All contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance per Palm desert Municipal Code, Title 5. 3. All contractors and/or owner-builders must submit a valid Certificate of Worker's Compensation Insurance coverage prior to the issuance of a building permit per California Labor Code, Section 3700. 4. Illegal additions/alterations must submit 2 copies of as-built plans and pay an investigation fee. An inspector will verify if the structure can be permitted and may require corrective action. The applicant then must resubmit 2 sets of plans incorporating the inspector's correction items. The plan will reviewed by a plan checker for compliance. Further corrections may be required at this time and then must be addressed by the applicant. When the construction plans are approved then a permit may be issued and subsequent inspections to follow. 5 • CITY Of PRIM DESERT . 73-510 FRED WARING DRIVE i PALM DESERT,CALIFORNIA 92260-2578 ..0,t., _ TEL:760 346-0611 FAX:760 341-7098 •�• .i'i_-i info@palm-deser[.org CITY OF PALM DESERT LEGAL NOTICE CASE NO.VAR 08-261 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by Michael and Marianne Toia for approval of a variance to construct a golf cart shed located within the required setback located at 46- 020 Burroweed Lane. CI of Palm Desert Ma• 111M111111111111 ,. JOSNUA TREE ST SHAD rir__OWE OR- 'i�" tT 1 _ ( Jut NR Cpp. ti I/ ,1 PWYON ST Z L.,_ ____ t c - - f ( - m IRONMOODST 11 1 11 4 111a L— �o E . Af FIDDLENECKLNI =Ao7 z— _; o0RS$•Gv RAPEVNVE ST — GRAPEVINE STD I I I I] 7][ ST AMV2 DR \1 a 1�OIJJ=1 l-UM tlD,5 N++IItLLOWIIST al '. \ { t ��./� BURSERA WAY ELNAR I I I L 1 J 1_ 1 1 \ El ` �47:Zt? ' ?'mC SAID public hearing will be held on Tuesday, November 18, 2008, at 6:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission (or city council)at, or prior to,the public hearing. PUBLISH: Desert Sun Lauri Aylaian, Secretary November 7, 2008 Palm Desert Planning Commission MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 2, 2008 car. He thought where it was situated located near the railroad tracks, the building would fit in there just fine. Commissioner S. Campbell concurred with Commissioner R. Campbell. She thought the location was right. Washington Street and Interstate 10 were there. They are Planning Commissioners and the project goes through the Architectural Review Committee and there are architects there. If they would approve something like this, she thought the Planning Commission should stand behind them also. She thought it was nicely done. Chairperson Tanner concurred and asked for a motion to approve the project as presented with the amendments. Action: It was moved by Commissioner R. Campbell, seconded by Commissioner Limont, approving the findings as presented by staff. Motion carried 4-0 (Commissioner Schmidt absent). It was moved by Commissioner R. Campbell, seconded by Commissioner Limont, adopting Planning Commission Resolution No. 2484, approving Case Nos. PP 07-13 and CUP 07-16, subject to conditions as amended. Motion carried 4-0 (Commissioner Schmidt absent). NE* C. Case No. VAR 08-261 — MICHAEL AND MARIANNE TOIA, Applicants Request for approval of a variance to allow the reduction of a required minimum side yard setback from five feet to zero feet to allow construction of a golf cart shed located on property line for an existing single family home located at 46-020 Burroweed Lane. Ms. Aylaian explained that the case before the Commission represented a request for a variance in side yard setbacks for a golf cart barn. By law, a variance requires that very specific findings of fact be made by the Planning Commission. The findings and the request in this case are very straight forward; however, the issue is interwoven with layers of peripheral issues that are of importance to both the property owner and the neighboring property owner, but did not bear strictly on the findings that need to be made. Staff asked both the applicant and the neighboring property owner to focus their comments and focus their issues on the findings that need to be made for a side yard setback variance by the Planning Commission and when public testimony is open, asked that members of the audience who are 11 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 2, 2008 concerned about the matter also focus their comments on the issue directly in front of the Planning Commission. Mr. Kevin Swartz reviewed the staff report and recommended approval of the findings and adoption of the resolution approving Case No. VAR 08-261. Commissioner S. Campbell read that some of these homes have a zero lot line and some are cottages that are separate. She asked if that was correct. Mr. Swartz replied that was correct. Commissioner S. Campbell asked if the Toia home and the Pride home were both sold as cottages or if they had a zero lot line. They didn't have a zero lot line from the looks of it, so they were cottages with a side yard of five feet on each side of the property line wall. Mr. Swartz said that was correct. Commissioner S. Campbell indicated that they now have a zero lot line on Mr. Toia's side, but Ms. Pride still had the five feet on her side, but they were originally sold as cottages, like individual homes. Mr. Swartz said that was correct. Referring to the slide where the gutters were added, Chairperson Tanner asked if a small pitch to the roofline was being requested. Mr. Swartz said yes and explained that the Architectural Review Commission placed that as a condition. Chairperson Tanner clarified that the pitch would actually bring it up and the gutters would be off of the wall. Mr. Swartz said yes, it would have to be moved. Referring to the drawn approval by the City, Commissioner Limont noted that the golf cart barn roof appeared to be level with the wall, yet the end result was taller. Mr. Swartz said that was correct. Commissioner Limont asked if that was adjusted as it was being built or if it was part of this whole difficulty they were facing right now. Mr. Swartz confirmed it was part of this whole difficulty. Commissioner R. Campbell stated that if he understood after doing some questioning, that anything that's approved there's permits that have been pulled and it was basically like starting from scratch and architectural drawings had to be made and the whole process would have to be gone through as if it wasn't there at this point in time. Mr. Swartz said that was correct. Commissioner Limont asked if the variance would simply keep them from having to tear the whole thing down. Mr. Swartz replied that the variance allowed the applicant to build within the setback, but the applicant did have approval for the gate enclosure. Commissioner Limont noted that they pulled the permit, did the gate enclosure, and that was where we sort of lost touch with them and they continued to make it a full garage. Mr. Swartz said yes. 12 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 2, 2008 Commissioner Limont asked if this had just come to our attention since about April. Mr. Swartz said yes. Chairperson Tanner opened the public hearing and asked the applicant to address the Commission. MR. AND MRS. MICHAEL TOIA, 46020 Burroweed, came forward. Mr. Toia stated that he had a couple of pictures that showed the before and after pictures of the cart barn and he could pass them out or dispense with them, either way. As stated in the Background Section II of the staff report, the present cart barn replaced the old dilapidated one. They initially applied for a permit for an enclosed golf cart barn. They were told by the City Permit Specialist that they could get a permit for the front wall, but they would have to abide by the setback for the aluminum roof and he told them this was really not their desire, that they would like to do an enclosed barn, and they added at that point that they had discussed this matter with their next door neighbor and she was fully on board with getting rid of the old structure and replacing it with something newer. He noted that this thing was built about two years ago and for two years there were no complaints on it and everything was fine. Then in the January timeframe, his neighbor lodged a complaint and the rest was kind of history. He knew the Planning Commissioners all read the staff report, but to them (he and his wife) it was compelling between Sections II and V of the staff report it referred at least five times to the fact that many of the homes in the neighborhood were built directly on that property line and they share common walls without a setback on one side. They felt this use was compatible with that. It went on further to state that the strict and literal interpretation and enforcement of that specified regulation would deprive them of privileges enjoyed by the other neighbors in that community. It was already pointed out that if this variance is approved, it still allows a four-foot plus setback from the common wall to Ms. Pride's home on her side of the wall. Mr. Toia stated that nearly all of the people in their immediate area have signed a petition in support of the golf cart barn as shown in the staff report. If it were not for three homes: one was vacant and two were under construction, the petition of 41 signatures would nearly have been unanimous. Everyone in the neighborhood and up into the corner houses on Ironwood had signed the petition in favor. In addition to this petition, 11 of the neighbors took it a step farther and wrote testimonials, but only 6 of those testimonials appeared in the 13 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 2, 2008 staff report, so his wife just passed out the other five; they were written in the January timeframe for submission this evening. He indicated that Ms. Pride's objections to their golf cart barn have covered many topics over the past eight months. They tried and thought successfully in the past to address her concerns, but as they have addressed one concern, it seems to switch direction into a new area of objection. In attachments his wife was distributing to the Commission, in attachment A-1 and A-2, her initial complaint was simply the five-foot setback code. He thought upon realizing that the City had the ability to grant a setback variance, in attachment B-1, her attorney made a new objection based on an obscure set of CC&R's that were put in place in 1969 which were intended to protect the original developer and should have expired in 1985 were it not for the fact that all of the homeowners forgot about the restrictions and just didn't execute the paperwork. So when this 39 year old CC&R was applied to their case for these 13 homes, all 12 of the other homeowners met and annulled and recorded the cancelation to the CC&R's, which were recorded on March 27 of this year. Upon elimination of this article, the objection shifted to the "illegal structure" which would adversely affect Ms. Pride's property, impact the sale or transferability of her property, and would have to be disclosed to a home inspector. She stated that in a letter to the neighborhood, which was attachment C-2 and -3, as well as in the notes of the meeting with the ARC (Architectural Review Commission) on March 11. Chairperson Tanner explained that they were here to discuss the ordinance (variance) and not the complete description of what had happened in the past. They were here to decide what to do moving forward, so if he could keep his comments to that, the Commission would appreciate it. Mr. Toia thought they have made the case, thought the staff report made the case, and he would come back and speak in response to anything that came up. Chairperson Tanner asked if the Commission had any questions for the applicant. Commissioner S. Campbell asked about the workshop Ms. Pride spoke about and the noise coming from that workshop. 14 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 2, 2008 Mr. Toia said this was the first time he had heard about noise coming from it, but he keeps power tools in there, all of his battery-operated power tools. There was a sander that has a standard cord that plugs into a 110-volt plug, a saw, and those were never operated past five o'clock at night, so he wasn't so sure what the objection would be to noise. They already existed in his original garage before he put them into the golf cart barn. They could go back to his original garage if that was an issue. He clarified that they were handyman tools. Commissioner Campbell asked for confirmation that they weren't used past a certain time in the evening. Mr. Toia said never, he was too tired after five o'clock. Commissioner Limont had a general question. Mr. Toia went to his neighbor and he discussed it with her that he had an approval for a gate closure; however, he wouldn't meet the City's conditions with regards to the tin roof with regard to the setback. But he talked it over with his neighbor and she said yes. Mr. Toia said yes. Commissioner Limont asked why he didn't turn right back around and go over to the City and say the neighbor said it was okay, why not an exception so that two years later it wasn't an issue. The point being that it's great, especially when you get your neighbors to agree, but now they were all there. Mr. Toia said he had two regrets on this whole program: one, that he didn't get the agreement in writing; and two, that he didn't realize at the time that this process was available to them. Commissioner Limont asked why he didn't go back to the City; he knew it wasn't within the guidelines of the City ordinance. He knew he had to comply and why not go back to the City, because he knew if he continued, even if his neighbor said yes, it wasn't in line with the City. Mr. Toia said he was regretful. Commissioner Limont said she drove by it and it looked nice, she would give him that; it was a huge improvement to the neighborhood. Mr. Toia said if he had known at the time that he had this Commission and the variance process available to him, he would 15 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 2, 2008 have pushed it through that way. Ignorance was no excuse, but they learned a lot in the last eight months. Commissioner S. Campbell asked if Mr. Toia was the original owner of that lot, or that home. Mr. Toia said they have only owned it six or seven years. Commissioner S. Campbell indicated that Mr. Toia was familiar that it was a smaller lot than the rest of them; that he only had 6,900 square feet. Mr. Toia said he knew what they bought, but he had no idea it was smaller than other lots in the neighborhood. It had the ten feet on the side of the house that none of the other lots on the street had. It just seemed like an ideal place to put a golf cart barn. Chairperson Tanner asked for public testimony in FAVOR of the project. He noted that he had two Request to Speak cards; one from Richard Kelly and one from Mary Helen Kelly. He asked them to come forward. MR. RICHARD KELLY, 46100 Burroweed Drive, stated that he realized being a City Councilman, that there might be a question of conflict of interest here. He reviewed that with the Attorney who assured him that he had the right and privilege to appear before the Planning Commission. He understood that if this did go to City Council, he would have to abstain. He heard it said that he is a close friend of the applicant and he isn't. Before this happened, he didn't even know his name. He just said hi and he went by and saw him work in the yard improving his property. Mr. Kelly was always pleased with what he saw. Mr. Toia took out all the grass and put in drought- tolerant landscaping. He actually turned a bad piece of property into a very nice piece of property. Mr. Kelly understood that the Commission was dealing strictly with the lot line, but he wanted to also express that the folks that live around there are interested in more than the lot line, they are interested in what their neighborhood looks like and he said that everyone sitting there, one of the most important things to them is what their neighborhood looks like, whether the guy next door waters the lawn or doesn't water the lawn, whether he pulls the weeds or doesn't pull the weeds. He thought most of these homes were originally designed to be second homes or vacation homes, so the lots were considerably smaller than the surrounding neighborhood. They also heard that there are about 30 houses or so on Burroweed Drive; over half of them have zero lot lines, his included. He understood that he bought 16 MINUTES PALM DESERT PLANNING COMMI,SSLON SEPTEMBER 2, 2008 a smaller lot when he bought there and wanted less yard work to do and so there was a certain price to pay for that and one price was a zero lot line. Mr. Kelly said he certainly was not condoning anyone building without a permit, but he thought as they heard that there were some permits drawn and there was a misunderstanding along the line. It seemed to him that all of the hoops the applicant had to jump through and all the expense he's gone through, he guessed Mr. Toia spent $5,000 or $6,000 already because of this problem and the fact that he did make several contacts with our Building Department and discussed what he was working on, that golf cart shed, there well could have been some misunderstanding. Although he didn't condone doing building without a permit, on the other hand it seemed like there is some kind of a misunderstanding and when a person pays the price, there ought to be some way to come to a conclusion that was pleasing to the whole neighborhood and something that was fair. As far as influencing the Planning Commission, in his 25 years on the City Council, he didn't think he ever tried to influence a Planning Commissioner ever, not that he could influence any of them. But it had always been his policy that the Planning Commission did their business and then when it got to City Council he would do his business. He wasn't there to influence them, he was just there to state some of the facts in their neighborhood. He thanked them. MRS. MARY HELEN KELLY, 46100 Burroweed Lane in Palm Desert, stated that she was just there to talk about the lot line. Ms. Campbell asked about the cottages and some of them were like duplexes, but many of them on their side of the street were separate homes, but some were with zero lot lines, the others might have some space on it and there might be one or two with zero lot lines on both sides. It was already there and she was there to speak in favor of doing whatever they could do to help the applicant. Chairperson Tanner thanked her. MR. MIKE PETERS, 46160 Burroweed, stated that he and his wife Paula have been there five years. They have seen the before and after, not just pictures, and they were very thankful the change had been made. They knew there were some things going on afterward, but it certainly improved the look of the neighborhood and they feel the value of the neighborhood because as they come into their street, which is a cul-de-sac street at the end, it is the first house seen coming in on their side of the street and it certainly looked much 17 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 2, 2008 better today than it did five years ago when they moved into the neighborhood. He had a few more things to say, but they were much more eloquently spoken by Mr. Kelly. He thanked them. MR. CONRAD KAUBLE, 46080 Burroweed Lane, stated that when they moved into Burroweed in 2000, the house the Toias now own was an eyesore. It went through receivership and was run down, the grounds were a mess and the pool was black. Since Mike and Marianne purchased it, they have done nothing but work on it and improve the beauty of their street. Their new cart garage was a continuance of that drive to excellence. Also, as a member of Shadow Mountain Golf Club, he appreciated what the Toias have done on the golf course side of their house. Situated where they are, they are not only the gateway to Burroweed Lane, but also to Shadow Mountain. Their efforts have improved both. There was no other testimony in favor. Chairperson Tanner asked if anyone wished to speak in OPPOSITION. MS. SUZANNE PRIDE, 46040 Burroweed Lane, presented pictures. She stated that in 1972, the Shadow Mountain Fairway Cottages on Burroweed Lane were built before the city of Palm Desert was incorporated. Thirty-six years ago the developers had integrity and the wisdom to maintain legal setback codes of adjacent properties in the same vicinity and under identical zoning classifications for safety, privacy, aesthetics and not to depreciate a property's value. On Burroweed Lane, sharing a common wall, have the privileges enjoyed and are not deprived of safety, privacy, aesthetics and the property value for the legal setback code has been maintained and enforced. There are two sets of cottages on Burroweed Lane that share garage common walls and there are eight sets across the street that share common living room walls. Mr. Toia's home that is the first home on the street is a single family residence. Yes, as they speak of their homes, which number one is not affected, there isn't anyone on Burroweed Lane that is affected by the building structure, the illegal building structure of Mr. Toia, except her home. Mr. Richard Kelly does not share a common wall on the garage or living room. Neither does Conrad Kauble, and neither do the Peters. She showed pictures of her home and her neighbors' home, the garage wall they share and pointed out the setbacks and privileges they enjoy. She stated that the home at 46060, the neighbor on the other side of her home, has a setback and then there is a golf cart trail. The 18 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 2, 2008 original designers 36 years ago never intended for someone that was sharing a common garage wall or living room wall to not have setbacks obviously for safety, privacy and aesthetics. Chairperson Tanner reminded Ms. Pride that she had five minutes and requested that staff help Ms. Pride with displaying her pictures. Ms. Pride showed a picture of an aerial view of 46040 and her neighbor at 46060. They could see on the right hand side where the setback is. To the left hand side of her home, because of the illegal structure that has been built, there is not the same privileges enjoyed. She showed the other side that shares the garage wall. As they could see, as the two-sets only of the Fairway Cottages that share the garage wall, there were 46310 and 46340, they could see the golf cart trail and their setback, they could see their garages attached and then they would see the setbacks between the homes 46340. These homes enjoy the privileges of maintaining the setbacks from 1972 when they were originally constructed. The aluminum roof that Mr. Toia speaks of is not legal and was not there in the origin, nor was the gate legal either. In the origin, the only gate was attached to the back of the garage and the space was open without roof or gate. Ms. Pride said many people have asked her why she didn't see the golf cart barn being built and stop it. She stated there was a .juniper hedge growing and she could not see anything being done and when she removed the juniper hedge, which was very dense, there was Mr. Toia's pipe coming from his swamp cooler over the garage, over the illegal golf cart structure, draining onto her property. She showed pictures of the views she sees from her bathroom slider mirror, which devalues her property. Mr. Toia has a table saw and high-powered tools, high voltage tools in his workshop, which he doesn't mention on his variance. On January 3, 2006, Mr. Toia got a gate enclosure permit only, stucco to match existing yard wall. After that, he built a bedroom and bathroom that was not permitted. On 2/10/06 Mr. Toia got a permit to add 72 square feet, which was permitted. At that time he submitted a site plan that showed the bedroom and bathroom. Mr. Toia in the year 2006 built one legal structure and four illegal structures: bedroom, bathroom, workshop, cart barn. 19 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 2, 2008 Chairperson Tanner requested that the discussion be limited to the ordinance (variance) itself. Ms. Pride stated that the letters from the neighbors that Mr. Toia gathered were dated 1/10/08. An article came out in the Desert Sun disclosing that Mr. Toia did not have a permit. She wrote a letter and included the article and spoke with many of the neighbors; many of them who had even had dinner with Mr. Toia said they never would have signed anything if they knew this was not permitted. When Mr. Toia said he spoke with her in regards to his building plans, he never explained his intention; he never explained to her that there was a gate enclosure. There was so much building structure going on the year of 2006; one legal and four illegal. It was very overwhelming. He never mentioned that he was going to...that he had a permit for the gate enclosure and that then he was going to turn around and build an unpermitted structure. She never in her right mind would ever imagine that he would spend so much time and so much money and try to say she approved him building illegal structures, especially attached to her wall, overlapping. If the hedge was taken down prior to Mr. Toia building all these structures, she would never have permitted this, she would have come right to the City and requested a stop of such building. She was asking them as the only property owner affected by this illegal structure and the manner in which Mr. Toia has ignored the legal procedures in building so many unpermitted structures that have affected her property value, that affects the aesthetics of her property as they could see looking out her bathroom. At some point she did intend to sell her home and this greatly devalued the property of her home. Mr. Toia had an attorney, Mr. Robert Stewart, send her a letter. Chairperson Tanner asked if this related to the ordinance (variance). Ms. Pride said yes. She stated that Mr. Toia had an attorney, Mr. Robert Stewart, send her a letter with threats of blackmail and indicated "that the City of Palm Desert has already indicated a willingness to grant the setback variance based on the results of the property line determination." She had a copy of page two from the lawyer. Chairperson Tanner requested that Commissioner Limont read it into the record. Commissioner Limont read the highlighted portion: "As I stated earlier, the City will drop the need for a survey and planning commission 20 MINUTES PALM DESERT PLANNING COMMISSION_ SEPTEMBER 2, 2008 appearance if you withdraw your complaint. If not, the Toias are committed to the costs associated with the pursuit of this matter to their successful conclusion. The City has already indicated a willingness to grant the setback variance based on the results of the property line determination." Chairperson Tanner thanked her. Ms. Pride indicated that the first survey that was submitted by Mr. Fitch's company stated that the property line was on the north face of the stucco wall, which meant that the wall was hers. The City rejected that survey and had a second survey done. She spoke with Mr. Page Garner and he told her that the second survey indicated that there was a half an inch difference. She wrote Mr. Garner a letter requesting that a second survey be done. She didn't feel comfortable with the fact of how the survey was done. At one point when she picked up the first survey, Kevin Swartz told her as line 3 and line 4 contradicted each other, that Mr. Fitch had been "iffy" in the past and the City might have to pull his license. That made her very uncomfortable because she said to him and the origin of the survey, was there any way that the survey that came in could be underestimated or done improperly. He said no, it had to be a licensed survey company. Then that survey was rejected and a second survey came in that said it was a common wall by a half of an inch. Having the letter from the lawyer stating that the City was willing to grant setbacks with determination of the property line, this whole mess had been so convoluted. It was really unfortunate that Mr. Toia at the time that he did get his gate enclosure permit that he didn't then come back to the City as Ms. Limont said and get the permit. But then there wouldn't be enough room for the golf cart barn. She had a picture at the end of their cul-de-sac of the home that has a golf cart barn. To the right there was a lot of bush that had grown over, but there is a five-foot setback there. All the other neighbors are following the setback laws. She showed a picture of another golf cart barn on Grapevine on the Shadow Mountain Golf Course and they could note that they were following the setback law. Chairperson Tanner asked Ms. Pride to bring her comments to a close. Ms. Pride showed one other picture of the setbacks. She stated that she brought these pictures to demonstrate that all other neighbors are following the legal setback law. She showed a picture of Mr. Toia's home. It is a two-car garage and he never puts the second car in the garage. She made a drawing over the top and was asking the 21 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 2. 2008 City why it is that Mr. Toia cannot follow the same setback law that all the other neighbors in the neighborhood follow and that she might enjoy the privilege of having the original setback that was in 1972 as originally built. She thanked them. Chairperson Tanner explained that the applicant now had the opportunity for rebuttal comments and asked him to keep it to five minutes. Mr. Toia stated that the survey Ms. Pride referred to and the comments made by anyone at the City, and Kevin might need to speak to some of the things that she just stated that he said, he didn't know that he said it or anything about the work being "iffy"; and the comment about the half an inch, he talked to Mr. Garner and his point about half an inch was that the first survey was done without a monument located at the sound end of the street and when a tie line monument was given to Mr. Fitch, which gave him the opportunity not to do two record angles, two 90° angles, and actually do the triangulation, it put the property line at the center of the wall as they found it and Page was quite happy with that. Mr. Toia said they did a count of all the houses on the street and clearly 70% of the houses, some of these pictures were distorted; some of the ones she showed with setbacks, it's a single 48 setback which they were seeing, which was all he was asking, is to have a single 48-inch setback. She has it on her side of the wall. Seventy percent (70%) of the houses on their street have either a zero setback or a 48-inch setback. Clearly the minority, 30% of the houses, had a double 48-inch setback. He hated to respond to these petty points one by one, but the pipe she drew going over the wall never went over the wall. It was a precautionary pipe for his swamp cooler that went along his side of the common wall, then turned a right angle and drained onto his wall, not down her wall. He didn't know where she got four illegal structures out of one, but that was the way she liked to count. This thing about the junipers being cut down and suddenly seeing it, every time she drove by his house to leave the neighborhood, which everyone on the street had to do, they could see the structure. She has been in the structure at least four or five times while it was being constructed. She hired the guy that helped him build the structure to build out her bathrooms for her. She talked about 90% of the people wish they hadn't signed the petition, but in the letter she wrote to the neighborhood, she asked them to remove their names. He checked with Kevin that morning and not a single person called to have their name removed from that 22 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 2, 2008 petition. So clearly 41 people in the neighborhood stand behind what they've done with the structure and for the neighborhood. As he said, her objections have whip sawed around quite a bit. This letter he was going to talk about earlier, in this one letter... Chairperson Tanner asked if this was specific to what they would be voting on tonight with the ordinance (variance). Mr. Toia replied that it was specific to some of the issues she already made here, and he felt that even though they weren't pertinent to the setback, he felt that he needed to rebut them. Chairperson Tanner said wanted to keep this pertinent to the actual ordinance (variance) itself. Mr. Toia said he would rest his case then. He thought they heard a lot of testimony over the last 15 minutes that was not accurate and somehow they needed to read through that. He thanked them. (Ms. Pride spoke from the audience and asked to speak again. Chairperson Tanner said no and explained that only the applicant had the right to rebut.) Chairperson Tanner closed the public hearing and asked for Commission comments. Commissioner Limont stated that this isn't architectural, it's procedural, and it's a neighborhood, which makes it even more difficult, so they've got a situation where it's plain as day procedure wasn't followed, it's plain as day that there are disagreements with regard to how it architecturally came out and how it imposes on one neighbor over another. The difficulty is that she didn't think personally it helped anyone to say they needed to tear everything down, but on the other side of it, as was pointed out, they didn't want to condone building without permits. So they were really in a quandary here. They wanted to do the right thing for both people and they don't want to send out a message that it's okay in Palm Desert to go ahead and build without permits because all they had to do was be persistent and they would get it through the Commission. But she thought that what they had to do was try to come to some sort of conclusion to fix as best they could what was wrong from Ms. Pride's side of the property line and also to make whatever corrections to the building. It was her understanding in talking to staff that if they grant this variance that the applicant, the Toias, would have to come in to the City of Palm Desert and apply for permitting and go through all the procedures at that point. Mr. Swartz said that was correct. They would apply as if the structure never existed. Commissioner Limont said that if based on 23 MINUTES PALM DESERT PLAN.NING_COMMISSION SEPTEMBER 2, 2008 that they weren't going to permit it, where were they at that point? If they do recommend approval and the applicant comes in and presents drawings and it doesn't meet code, it doesn't meet variances, then where is the applicant? Mr. Swartz explained that the applicant would either have to meet the code and build it per code or tear it down and bring it back to the original permitted gate enclosure. Commissioner Limont asked if we had that ability as a City to enforce that. Ms. Aylaian said yes. Commissioner R. Campbell read through all the material more than once and listened to the testimony and hadn't really heard anything new that wasn't in the five pounds of paper they were presented. Mr. Toia touched on it, but it didn't clear it up totally for him. The question he had was Ms. Pride wrote a letter asking people to disavow their approval on the petition they signed, but he asked if any of the people were asked to come to the meeting to support her, because he didn't see anyone. He asked if she just asked them or if she just wrote the letter and let it go at that. Ms. Pride stated that she did not ask them. She was hoping the City of Palm Desert law would support her. She could have brought many people here and they could possibly have been here much longer. She was asking the City of Palm Desert to enforce the law. No other neighbors are affected by this structure except for her. Commissioner R. Campbell thanked her for her answer. Commissioner S. Campbell noted that the case in front of them is talking about the property line on an existing single-family home. Since these are existing single-family homes, they don't have a common wall or a zero lot line. These happen to be single family homes. And it would be like her home, she has five feet on one side and five feet on the other. She would not be very happy to have her neighbor build an addition to his home that is right on the wall that impaired her view and the value of her property. It should have a setback. It was built without a permit. It was beautiful, she drove by it and thought it looked very nice, but it was not allowed to be there in the first place. So she was going to have a problem voting on this one. Chairperson Tanner stated that taking a look at this whole situation, this whole scenario, they look at what was there prior to the Toias putting in an enclosed cart barn or cart garage. He looked at it and thought to himself that had he been the neighbor on the other side or even a neighbor on the street, he thought he would have a very difficult time accepting an eyesore, and that's exactly what it was, but at the same time understanding we do have rules and regulations that we have to abide by. He was in favor of granting the variance with the stipulation that the two neighbors get together and decide on what it was going to take, within reason, to make her happy: the pitch and keeping things underneath that common wall, because from what 24 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 2, 2008 he understood, it is a common wall and there are other neighbors on the street that share that commonality with other neighbors. He hoped that if the Commission decided to grant the variance, that the two parties get together and work this thing out to a way where everyone can exist on that street with some pleasures. Had it been constructed with permit in the way it was constructed today, they wouldn't be sitting there. So they were going to have to go through the same process if the ordinance (variance) was granted. They would have to bring back to them, after meeting with the City, the plans to make the structure acceptable to the Commission. And at that time, again, if the ordinance/condition (variance) was passed here, goes to Council, when it gets to Council she would have an opportunity to discuss what she wanted, again, when the plans are submitted. So with that said, he was in favor of granting the ordinance (variance) or condition to the ordinance to allow the process to go forward. Ms. Aylaian clarified that if the Planning Commission approved the variance, that would be the last the Planning Commission would see of this issue. It could be appealed or called up by the City Council, but it is not something that would return back, unless the Planning Commission chose to continue it for one reason or another. Chairperson Tanner asked if they would not have an opportunity to review the actual remodel of the structure or the rooflines. Ms. Aylaian said that was correct, that was done administratively by the Department of Building & Safety. If there was a question of aesthetics, it would go to the Architectural Review Commission, but it would not come back to the Planning Commission. Chairperson Tanner reiterated that would be because they conditionally accepted the ordinance change, or they have accepted the variance. Ms. Aylaian said the Planning Commission's area of purview is really the variance from the required five-foot setback for the side yard. Once that issue was decided, the Planning Commission's involvement was complete. Chairperson Tanner thanked her. Chairperson Tanner said based on the point of order, he thought they would have an opportunity to review. Mr. Swartz said that the Planning Commission could put a condition on it that the structure would have to go back to the Architectural Review Committee if he would like them to review it. Action: With that said, Chairperson Tanner stated that he would restructure his motion and make a motion that they approve the variance and send the actual plans back to Architectural Review for their review and approval of the existing cart barn, but make it acceptable to the conditions of the City and staff. Commissioner R. Campbell seconded the motion. Chairperson Tanner 25 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 2. 2008 called for the vote. Motion failed on a 2-2 vote (Commissioners S. Campbell and Limont voting no, Commissioner Schmidt absent). Mr. Hargreaves explained that a 2-2 vote is a non-action and failure to act, a failure to approve. In this case, it constitutes essentially a no vote. The applicant would not have the ability to appeal that to the City Council. Chairperson Tanner asked if that was the next step, an appeal to the City Council. Mr. Hargreaves said what they might do is just continue it until they have a full Planning Commission. He said it would also take a motion to continue it to the next meeting and the absent Planning Commissioner would have to review the record and then at that point they could act. Chairperson Tanner asked if they would have a public hearing on it or just the review and a motion. Mr. Hargreaves stated that he would reopen the public hearing and then continue it to the next meeting. Chairperson Tanner made a motion to continue it to their next scheduled meeting on September 16. He asked for a second. Commissioner R. Campbell seconded the motion. Motion carried 4-0 (Commissioner Schmidt was absent). Mr. Hargreaves stated that the record should reflect that the public hearing has been reopened and continued to that meeting. Chairperson Tanner concurred and reiterated that the public hearing was now open and they would hear it on September 16, 2008. Mr. Toia spoke from the audience and said that he would be out of the state on September 16. Chairperson Tanner asked Mr. Toia to give them dates that he would be available and they would put it on the agenda. Mr. Hargreaves advised that it needed to be continued to a date certain or it would have to be renoticed. It would be better if they had a specific date. Chairperson Tanner said the October meetings were the 7th and 21st and the November meetings were scheduled for November 4 and 18. Mr. Toia said November 4. Chairperson Tanner asked if that would be good for both parties. Ms. Pride stated that she has been waiting for a long time. Ms. Aylaian agreed that if it was possible to hold it sooner, it has been a prolonged issue already and in fairness to both the applicant and the neighbor, a sooner resolution would be better if Mr. and Mrs. Toia would be in town any time between now and November. Mr. Toia asked her to repeat what she just said. 26 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 2, 2008 Ms. Aylaian stated that if he was in town between now and November, it would be in the best interest of the neighbors and him to get this resolved, so if one of the October dates would work for him, staff would recommend not prolonging this issue further. Mr. Toia stated that he made financial commitments that couldn't be undone. Ms. Aylaian said it was up to the Commission as to the date they wanted to continue it to. Mr. Toia asked if there was a meeting before September 16. Ms. Aylaian stated that a special meeting would not be scheduled for this issue. Chairperson Tanner asked for suggestions from the Commission. He noted that staff was recommending that this get done prior to November 4, but he would entertain a motion or entertain comments. Commissioner Limont said that Commissioner Schmidt could simply listen to the recordings here and read the minutes to come up to speed on that. Commissioner S. Campbell pointed out that it was Mr. Toia who couldn't be here on the 16th Commissioner Limont wasn't certain if they were going for another vote if Mrs. Toia could be here. In fairness to both parties, Chairperson Tanner thought this needed to be presented as opposed to listening to a recording and reading minutes. Commissioner Limont stated that her only concern is that the Toias are out of town until November and Commissioner Limont said.she was gone the first meeting in October. Ms. Aylaian said another option would be to, as they did with the hillside application with Mr. Kuykendall, to send the issue to City Council with no recommendation from the Planning Commission. Chairperson Tanner said that was his first thought. Commissioners S. Campbell and Limont agreed with that. Chairperson Tanner stated that he would entertain a motion. He closed the public hearing and asked for a motion to move this to City Council. It was moved by Commissioner S. Campbell, seconded by Commissioner Limont, sending Case No. VAR 08-261 to the City Council with no recommendation. Motion carried 4-0 (Commissioner Schmidt was absent). 27 ,„--- .................., ' 11Y 11 ,,c PALI nESa #41 io 73-510 FRED WARING DRIVE win PALM DESERT, CALIFORNIA 92260-2578 * `? - TEL: 760 346-0611 <-lj ,.' FAX: 76o 340-0574 /Ai . • info@palm-desert.org October 14, 2008 Michael and Marianne Toia 46-020 Burroweed Lane Palm Desert, California 92260 Dear Michael and Marianne Toia: Subject: Request for Approval of a Variance to Allow the Reduction of a Required Minimum Side Yard Setback From Five Feet to Zero Feet to Allow Construction of a Golf Cart Shed Located on the Property Line for an Existing Single-Family Home Located at 46-020 Burroweed Lane — Case No. VAR 08-261 At its regular meeting of October 9, 2008, the Palm Desert City Council considered the subject case and took the following action: By Minute Motion, referred back to the Planning Commission for definitive recommendation back to the City Council. A copy of the staff report with City Council action stamp affixed thereto is enclosed for your records. If you have any questions or require any additional information, please do not hesitate to contact our offices. Sincerely, RACHELLE D. KLASSEN, CMC CITY CLERK RDK:mgm E losure (as noted) cc/enc: Kevin Swartz, Assistant Planner G:1CityClrk\Gloria Martinez\Letters163-002 Planning\Toia-VAR 08-261-100908.doc a IINIED ON man ilea MINUTES • REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008 -11 B. UPDATE ON THE CITY OF PALM DESERT, PALM DESERT REDEVELOPMENT AGENCY,AND PALM DESERT HOUSING AUTHORITY STRATEGIC OBJECTIVES (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY AND THE PALM DESERT HOUSING AUTHORITY). Councilmember/Member Finerty moved to, by Minute Motion, receive and file the Update on the City of Palm Desert, Palm Desert Redevelopment Agency, and Palm Desert Housing Authority Strategic Objectives. Motion was seconded by Spiegel and carried by a 4-0 vote, with Ferguson ABSENT. XVII. PUBLIC HEARINGS . A. REQUEST FOR APPROVAL OF A VARIANCE TO ALLOW THE REDUCTION OF A REQUIRED MINIMUM SIDE YARD SETBACK FROM FIVE FEET TO ZERO FEET TO ALLOW CONSTRUCTION OF A GOLF CART SHED LOCATED ON THE PROPERTY LINE FOR AN EXISTING SINGLE-FAMILY HOME LOCATED AT 46-020 BURROWEED LANE Case - No. VAR 08-261 (Michael and Marianne Toia, Applicants). Councilman Kelly noted that due to a conflict of interest, he would not vote on this item and left the Council Chamber. Mr. Deitsch explained that Councilman Kelly owned property within 500 feet of the subject site. Assistant Planner Kevin Swartz stated the subject property was located on the southeast corner of Burroweed Lane and Ironwood, north of Grapevine Street. The property was zoned R-2, 8,000; properties to the south, east, and west were zoned R-2, 8,000, and properties to the north were zoned R-1, 20,000. Many of the properties on Burroweed Lane were built under the County of Riverside, a combination of condos and single family homes. The Applicant's home was built in 1975, while the neighbor's home was built in 1973. In order for the Applicant to request a Variance, staff requested that the Applicant have the property surveyed by a licensed surveyor. The first survey did not provide enough information and was deemed incomplete. The surveyor worked with City Staff in obtaining tie-sheets and the proper information; the second survey determined that the property line was in the middle of the common wall. The Applicant's neighbor challenged the survey by submitting letters to the Planning Department stating that the County of Riverside had not accepted the survey. He said the City accepted a stamped signed survey from a licensed surveyor and noted it was not up to the City to establish property lines. He said if Ms. Pride wished to dispute the survey, it would then become a Civil matter between the two property owners. The issue today was a Request for Variance to construct a golf cart shed with the required side-yard setback of five yards. When the Applicant purchased the 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008 • home, there was an existing wooden carport with an aluminum roof, which was later torn down. In 2006, the Applicant obtained a building permit for a gate enclosure. Staff displayed a copy of the permit for the gate enclosure and described all the details of the shed and common wall; common wall height was 7'6", and the golf cart shed was 7'8". Later, the Applicant added a garage door, roof, and enclosed the structure without obtaining permits from the City. Staff displayed before and after photographs of the structure. The covered golf cart shed was reported to the City by the Applicant's neighbor, Ms. Pride. When Ms. Pride removed the hedge located on her side of the property, she saw that the golf cart structure had primitive flashing overlapping the common wall. If the proposed Variance was approved, the Applicant would have to obtain a building permit for the structure, the flashing _ would have to be removed, and nothing can be connected or overlapping the common wall in order to make the structure legal. He said the property line was consistent with other homes in the neighborhood; he displayed examples of other homes in the neighborhood with a zero setback. In summary, he said the Applicant was requesting approval for a Variance to build within the required setback; property line was consistent with the neighborhood, and all findings could be made in support of the Variance. Staff was recommending approval to adopt the findings and Resolution, subject to the attached conditions. He offered to answer questions. Responding to question, Mr. Swartz clarified the golf cart barn was not attached to the common wall, it was attached to the wall next to it; the only thing overlapping was the flashing, which will need to be torn down. Mayor Benson declared the public hearing open and invited public testimony in FAVOR of or in OPPOSITION to this mater. MS. CONNIE CHADNOU, Rancho Mirage, CA, stated she wanted the City Council to exercise their authority and deny the Applicant's request for the Variance. She said the Applicant had already built the structure without a permit, and the Council must not reward or encourage the building of structures without permits. MR. SHELDON LUSTGARTEN stated the Applicant had approached the City with his sketches, and the City advised the Applicant for the need to obtain a survey and variance. He said the Applicant disregarded the City's advice and built the structure without going through the proper permit process. He said the Applicant was inconsiderate of his neighbors and showed no regard for the permit process. He urged the City Council to deny the Variance and not compromise for the convenience of one Applicant. MS. ROSE LEPAN stated she and her husband were residents of Palm Desert since 1976 and local builders/developers. They built 28 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008 apartment units on Highway 74 and several homes; Ms. Pride was one of-- their tenants for seven years. In all the years of building, they never had a problem with the City, because they only built what they requested, so she was shocked that this Applicant built a structure without permits. She questioned what the distance was between structures, because it used to be four to five feet away from the common wall to the next structure. She said the City was well managed, and she was still very proud of it. She encouraged the Council to comply with the laws and disapprove what the Applicant had built. MR. DAVID HUNSICKER stated he was a real estate appraiser who worked in Southern California, primarily in Palm Desert. He said the Applicant added value to his property by building an additional bedroom, bath, and golf cart barn,which he stated was actually a workshop. However, by doing so, it took away from the value of Ms. Pride's property. In addition, since the Applicant wasn't paying taxes on the additions, no one was receiving a tax revenue. He observed the property and saw that the garage structure was above the common wall, which cut down on Ms. Pride's view. It also created a safety hazard and lack of privacy, in that someone could look right into the bathroom of Ms. Pride's property, which violated the law. He was having difficulty understanding why the City Council would even consider approving the proposed Variance;the additions invaded Ms. Pride's privacy and diminished the value of her property. He said the City Council was being asked to approve a Variance by someone who had broken the law, yet approval would punish the one who was abiding by the law. MS. SUZANNE PRIDE, 46-040 Burroweed Lane, Palm Desert, CA, stated this was an unfortunate matter; all the neighbors were wonderful people, and it's been heartbreaking to see what's happened to the neighborhood. She said all the input provided to the Council had been from the viewpoint of the street, Burroweed Lane. She felt very little consideration was given to her family, her view, and the use of their home. She displayed photographs of her view from the backyard and bathroom window. She said the staff report indicated the proposed golf cart barn would enhance the value and aesthetics of the Applicant's home and his neighborhood. She couldn't understand how the neighborhood had so much authority over her property rights. She acknowledged this matter was also wrenching for the Toia's, because this issue had gone on for a long time and needed to be resolved. Referencing a letter dated January 17, 2008, she said Mr. Toia was advised by the City that he needed to obtain a survey and variance, and he disregarded the City's advice. Mr. Toia's response to the four-foot setback requirement was, "To decrease the width of the proposed structure by four feet was not viable,"yet he built a cart barn, bedroom, and bath without going through the permit process. She asked the City Council to deny the proposed Variance and 25 • MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008 obligate Mr. Toia to fiave the structure done the right way so that her property could have the same value as other homes in the neighborhood. MR. ROBERT M. CALDWELL stated he was a professional mediator and adjunct professor of law at Universities in both Los Angeles and Orange County. He said he was not speaking in a legal capacity but only as an advisor to Ms. Pride, who was a personal friend. He said he was a resident of Newport Beach, California, part-time resident of La Quinta, and frequent visitor to the beautiful City of Palm Desert. When he first reviewed this case, it was difficult to understand as an outsider. However, for the many reasons already stated, he was asking the Council to not approve Resolution No. 08-93. He pointed out this was not a proposed structure, but rather an _ existing one that was built outside of code and outside the limits of the permit process. He believed Mr. Toia needed to compensate for it in some way. He suggested both parties sit down in mediation or in some sort of required negotiation where they came to an agreement that would satisfy both in a win-win situation. He said for the Council to merely approve and reduce the Variance, would only be a convenience for Mr. Toia; and if not approved, it would cost the Applicant a lot of money to tear the structure down. He reiterated that both parties should work out an amenable solution. He said his primary comment would be to not approve the Variance and that further consideration be given. MR. AND MRS. MICHAEL TOIA, Applicants, stated they accepted responsibility for their golf cart barn being built with only partial permits. He said there were also extenuating circumstances related to this issue, and he would like to cover them this evening. He said the initial golf cart barn was an eyesore, which posed security and vandalism issues, so he decided to replace the old structure in 2005; he noted Ms. Pride was equally pleased that it was being replaced. He said in January 2006, they met with City staff to discuss their intention to replace the entire structure and were advised that the wooden gate with a front wall and golf cart opening would require a five-foot setback, and that the entire aluminum cover would need to be replaced with a permanent roof. He said half of a roof wasn't an option, and they were disappointed with the prospects of being stuck with an aluminum roof that had been there for 25 years. They were told that if they proceeded to replace the awning after the front wall was signed off, whatever was done behind the wall would be their own business. They received a building permit for the front wall and proceeded to also replace the aluminum roof in January 2006. He acknowledged that they exercised poor judgment by completing the golf cart enclosure without the proper variance. At that time, they also converted some space in the rear of the garage to an exercise room and bath; they have obtained permits for those additions. For two years after completion of the golf cart barn, there were no complaints from the neighbor. Unfortunately, in December 2007 an argument did occur with Ms. Pride over 26 • MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008 an unrelated topic, and a few days later a complaint was filed. He added that- while the cart barn was being constructed, Ms. Pride visited the area during construction at least four or five times, and she had nothing but kind words to say about it. Ms. Pride also hired the same worker to remodel her two bathrooms. He noted Ms. Pride had full knowledge of the construction of the golf cart barn prior to its completion. He said since January 2008, he's attempted to remedy this issue with Ms. Pride and the City. He's appeared twice before the Architectural Review Commission (ARC) in February and March, and at those meetings, he presented a petition signed by 41 supportive neighbors, which represented 95% of the neighborhood. It was also demonstrated to the ARC that the golf cart barn design blended well with his home and others in the community. He displayed a map of the homes in_ his community, and each home was numbered. He said home Nos. 1 through 14 were built in the 1960's, and home Nos. 15 through 27 were built in the 1970's; his home was No. 15. He said only 25% of the homes had a double four-foot setback, and 75% had a single-foot setback or were built directly on the property line. He said his application to ARC was approved on a 4-0 vote, and the approval addressed issues raised by Ms. Pride, such as roof slope, primitive flashing, aesthetics, and the need to provide a land survey to - establish a property line, which they agreed to comply with. He displayed a photograph of Ms. Pride's side view of her property,where there was a single, 48-inch glass window, an air conditioner, block wall rather than gate for access, and a swamp cooler toward the rear of the home; he said Ms. Pride took away her own access to that side of that house. He also displayed a letter Ms. Pride had circulated in the neighborhood, which stated, "We are ever so grateful to the Toia's for their hard work, time, and money they have invested in their home; for this beautification is truly an asset and value to our neighborhood." He said that she goes on to say that she'd like the neighbors to allow the families and the City to make this illegal structure legal. Ms. Pride closes her letter, by stating, "No one is requesting that the Toia's not have a golf cart barn, only requesting to make it legal." He said he's spent the past 10 months working to protect the structure and property value--attended five meetings with City staff and officials, made numerous presentations, received a unanimous ARC vote of support and a staff report recommending 100% affirmation to all the tests for a variance, spent more than $5,000 in application and survey fees, and provided overwhelming evidence of community support. He said tearing down the structure and turning it back into a carport would not benefit anyone, not even Ms. Pride. He asked Council to show some compassion in this situation and allow him to go through the permitting process to make the structure legal. MR. STAN SMITH stated he was a neighbor who lived across the street from the Applicant. He said he purchased his home around the same time the Applicant did, and the Applicant's home was almost a tear-down when it was bought. He said no one had mentioned anything about the increase in value 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008 to the whole neighborhood because of the replacement of the structure. He couldn't understand what view Ms. Pride lost, because the golf cart barn was two inches higher than the common wall. He said many in attendance this evening lived on the same golf course and no one had anything bad to say about what the Toia's had done, because the house looked great from the street, highway, and golf course sides. MR. FRANZ TIRRE stated he and his wife lived at 46-333 Burroweed Lane for the past 30 years and were acquainted with the neighborhood. He believed the addition of the golf cart barn was excellent and that one might believe it was there originally with the house. He said other than the problems with obtaining permits at the proper time, this was an excellent addition both _ in landscaping and architecturally at Burroweed Lane: He encouraged the Council to go down and take a look at the golf cart barn; he didn't think Ms. Pride had much of a view to lose from the structure additions. He requested that City Council approve the Variance, because it was a benefit to the street and all who lived there. MR. MIKE GHIDELLA stated he lived around the corner from Mr. Toia's home, and he had a similar problem when he bought his property. His home had holes in the roof and on the sides, and he fixed it. His neighbor complained to the City because his roof line hung over to the neighbor's property. He found there were no permits for his cart barn, yet it had been there for 13 or 14 years. He worked with the City to obtain permits and a variance for the setback,which was one inch from the property line. He urged the Council to look at the before and after photographs and approve the Variance. MR. KELLY JUDD, Candlewood Street, Palm Desert, CA, stated he, too, was a member of the Shadow Mountain Golf Club, and as a member, the aesthetics of the homes off the course were always a concern. He noted he had many friends who lived on Burroweed Lane, and in this situation, it was certainly a great improvement. It was unfortunate there was bad blood over this issue, but he couldn't see how anything would be gained in this economic cycle by forcing the Applicant to tear the structure down. He urged the Council to work with the Applicants to make it right and to approve the Variance. MR. MIKE PETERS stated he lived five or six homes down from the Applicant's home, on the corner of Burroweed Lane and Ironwood. He said at this""point, all can agree that the cart barn was a beautiful structure, including Ms. Pride in her own words in a statement made at an ARC meeting, and asked that Council approve it. With no further testimony offered, Mayor Benson declared the public hearing closed. 28 • MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008 Mayor Pro I em Spiegel stated this case was brought forward to the Council- because Planning Commission had one Commissioner absent, and the final vote was 2-2. He respectfully requested this case be returned to the Planning Commission with five members present for a definitive recommendation to the City Council. He agreed with Mr. Caldwell, who stated both parties needed to work out a solution, and he hoped that could happen prior to the meeting with the Planning Commission. Mayor Pro Tem Spiegel moved to, by Minute Motion, refer this matter back to the Planning Commission for a definitive recommendation back to the City Council. Councilmember Finerty seconded the motion, and carried by 3-0 vote, with Ferguson and Kelly ABSENT. Councilmember Finerty stated she felt sorry for all parties concerned, because the whole neighborhood was up in arms over something that could have some agreement or understanding that would be in the best interest of all. Having served on the Planning Commission when the Council sent items back for reconsideration, she believed something good could come from getting a definitive vote one way or another but realized that whatever the vote was, it may be appealed and returned to the City Council. She thanked everyone for getting involved. XVIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. CITY CLERK None D. PUBLIC SAFETY o Fire Department None 29 INTEROFFICE MEMORANDUM TO: Department of Community Development/Planning Attention: Kevin Swartz FROM: Phil Joy, Associate Transportation Planner SUBJECT: CUP 8-261 Toia Golf Cart Shed DATE: June 30, 2008 The Public Works Department has no comments on this project. Phi Joy CITY OF PALM DESERT • �razi ��/�h • BUILDING & SAFETY DEPARTMENT INTEROFFICE MEMORANDUM To: Kevin Swartz, Assistant Planner From: Sam Szymanski, Plan Check Manager Date: July 16th, 2008 Subject: CUP 08-261 46020 Burroweed Ln I have reviewed the information provided and have the following comments: 1. Project must conform to the current State of California Codes adopted at the time of plan check submittal. The following are the codes enforced at this time: 2007 CALIFORNIA BUILDING CODE (Based on 2006 IBC) 2007 CALIFORNIA MECHANICAL CODE (Based on 2006 UMC) 2007 CALIFORNIA PLUMBING CODE (Based on 2006 UPC) 2007 CALIFORNIA ELECTRICAL CODE (Based on 2005 NEC) 2007 CALIFORNIA ENERGY CODE 2007 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE 2007 CALIFORNIA FIRE CODE 2. All contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance per Palm desert Municipal Code, Title 5. 3. All contractors and/or owner-builders must submit a valid Certificate of Worker's Compensation Insurance coverage prior to the issuance of a building permit per California Labor Code, Section 3700. 4. Illegal additions/alterations must submit 2 copies of as-built plans and pay an investigation fee. An inspector will verify if the structure can be permitted and may require corrective action. The applicant then must resubmit 2 sets of plans incorporating the inspector's correction items. The plan will reviewed by a plan checker for compliance. Further corrections may be required at this time and then must be addressed by the applicant. When the construction plans are approved then a permit may be issued and subsequent inspections to follow. G:\Planning\Kevin Swartz\Word\Var 08-261 Toia\Building Conditions.doc CITY OF P•. • OlA DESERT 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 ♦\ TEL: 760 346-0611 FAX: 760 341-7098 info@palm-desert.org April 8, 2008 ARCHITECTURAL REVIEW COMMISSION ACTION (REVISED) CASE NO: MISC 08-40 APPLICANT (AND ADDRESS): MICHAEL AND MARIANNE TOIA, 46-020 Burroweed Lane, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of golf cart barn structure for its aesthetic blending with the existing home and surrounding community. LOCATION: 46-020 Burroweed Lane ZONE: R-2 8000 (4) Upon reviewing the plans and presentations submitted by staff and by the applicant, the Architectural Review Commission to approve project on aesthetic merit subject to: 1) sloping roof back; minimize the raising of the roof to a max of 1 %" to get slope; 2) redoing and cleaning up entire flashing on perimeter of structure; not going over property line; 3) obtaining land surveyor for property line location; and, 4) continuing the tile on roof. Date of Action: March 11, 2008 Vote: Motion carried 4-0-0-2, with Commissioners DeLuna and Hanson absent. (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen (15) days of the date of the decision. Any amendments to this approved plan would need to be re-submitted to Commission for approval.) STAFF COMMENTS: It is your responsibility to submit the plans approved by the Architectural Review Commission to the Department of Building and Safety. �,RIIIfFO ON rF(Y(tf0?MI .............. .... I CITY OF l (� DESERT . 73-510 FRED WARING DRIVE s PALM DESERT, CALIFORNIA 92260-2578 \" si el I TEL: 760 346-0611 FAX: 760 341-7098 info@palm-deserr.org March 11, 2008 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO: MISC 08-40 APPLICANT (AND ADDRESS): MICHAEL AND MARIANNE TOIA, 46-020 Burroweed Lane, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of golf cart barn structure for its aesthetic blending with the existing home and surrounding community. LOCATION: 46-020 Burroweed Lane ZONE: R-2 8000 (4) Upon reviewing the plans and presentations submitted by staff and by the applicant, the Architectural Review Commission to approve project on aesthetic merit subject to: 1) sloping roof back avoiding raising roof anymore to get slope; 2) redoing and cleaning up entire flashing on perimeter of structure, not going over property line and obtaining land surveyor for property line location; and, 3) continuing the tile on roof. Date of Action: March 11, 2008 Vote: Motion carried 4-0-0-2, with Commissioners DeLuna and Hanson absent. (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen (15) days of the date of the decision. Any amendments to this approved plan would need to be re-submitted to Commission for approval.) STAFF COMMENTS: It is your responsibility to submit the plans approved by the Architectural Review Commission to the Department of Building and Safety. CONTINUED CASES: In order to be placed on the next meeting's agenda, new or revised plans must be submitted no later than 9:00 a.m. the Monday eight days prior to the next meeting. 0 ninm CM ifaaio rtnt l V ARCHITECTURAL Rti4 JV COMMISSION MINUTES MARCH 11, 2008 A. Final Drawings: 1. CASE NO: MISC 08-40 APPLICANT (AND ADDRESS): MICHAEL AND MARIANNE TOIA, 46-020 Burroweed Lane, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of golf cart barn structure for its aesthetic blending with the existing home and surrounding community. LOCATION: 46-020 Burroweed Lane ZONE: R-2 8000 (4) Mr. Swartz presented current photos of Ms. Suzanne Pride's side of wall and asked Mr. Toia to present his comments. Mr. Michael Toia, applicant, presented current photos and summarized his structure. He indicated that he has taken some action to remedy some of the concerns of the Commission. At the previous meeting there was some concern regarding the undesirable appearance of the exposed metal flashing on the top of the front wall of both the garage and the golf cart barn. He explained that both the garage and the golf cart barn's front walls were originally trimmed two years ago and the top edges were trimmed with 90 degree terra cotta etched tiles in order to match those already existing on the pitched portion of his roof. The motion detection light has been replaced with a light fixture that matches the other light fixtures on the home. The original plan drawing of the height of the front wall in relation to the common wall called for them to be alike, but when they began to construct the wall they intended to incorporate a 4 foot by 12 foot beam which protruded from the existing garage. To maintain a consistent roofline of the golf barn parallel with the existing garage line, it became aesthetically necessary to accommodate the extra height. This was addressed with the field inspector and incorporated prior to his approval for building final signoff. Mr. Toia removed the downspout in the gutter located at the common wall. The gutter previously located at the common wall will be moved to the edge of the main garage structure. This will catch and divert 90 percent of the rainwater from the pitched roof of the house and flat roof of the two car garage. The remaining eight feet of roof section over the golf cart barn would then be re-foamed to divert the water away G:`Plarr,rq.arne Judy Word FilesvARC Mmules,20C8`ARC80371.doc Page 2 of 14 ARCHITECTURAL RLi AN COMMISSION MINUTES MARCH 11, 2008 from the common wall and toward the center of the golf cart barn to a downspout in the back of the yard. The PVC pipe addressed by Ms. Pride was used for seasonal winterizing of the swamp cooler, when brought to his attention he removed it in December. In a letter dated February 11, 2008, Ms. Pride stated that she wanted the flashing removed that overlaps onto her side of the common wall. He presented photos of the flashing dated January 2008 and photos taken this morning. The January photos show that the flashing was secured tightly to the wall; somehow in the meantime it was pried loose. He would be glad to comply with the removal of the balance of the flashing which overlaps down her side of the wall immediately. In order to improve the aesthetics as viewed from her side of the common wall, he plans to finish this edge of the structure with the same 90 degree terra cotta etch tile as consistent with the entire home. This look will also be consistent with the tile edged roof of Ms. Pride's home. In reference to the allegations that he lied to the City when requesting a permit for a gate enclosure, he pointed out that the terminology "gate enclosure" was chosen by the permit specialist assisting them at the Building and Safety desk. At that time, he made a full disclosure as to their ultimate goal. The cart barn has now been complete for over two years without a single compliant. Commissioner Gregory stated that it was clear to him that this was an unfortunate forum for a neighborly mess. This Commission is an aesthetic review Commission and so hearing all this information is something that should be saved for Planning Commission or City Council. He asked Mr. Toia if that made sense to save time and aggravation. He understands that there are issues here that go way beyond the aesthetics, but the Commission's major task is to look at the aesthetics. Mr. Toia understood, but asked if he could have a little more time to complete his comments. Commissioner Gregory approved. Mr. Toia pointed out that Ms. Pride had constructed a gazebo less than two feet from their wall and the common wall of the golf course. When he checked with the City he found that no permits had been filed. He reminded the Commission that at the previous meeting he had distributed pictures of many of the properties on Burroweed Lane that also have their garages built directly on the property line and as such are consistent with their look and blending. Of the approximate 30 homes on their cul-de-sac more G.Planrong'Jarne Judy'Word F.es'ARC Minutes\2008'\AR080311.doc Page 3 of 14 ARCHITECTURAL RE J V COMMISSION MINUTES MARCH 11, 2008 than 70 percent of them have either a zero setback between the structures or only a single 48-inch setback between the two adjoining buildings. A double 48-inch setback is clearly not the standard. Ms. Debbie Harris-Sherman, Attorney for Ms. Pride, introduced herself to the Commission. Commissioner Gregory stated that this was not a courtroom or a public forum where she would be addressing issues that he thought she would be discussing. He stated that this Commission was an aesthetic review Commission only. Ms. Sherman stated that she was aware of the purpose of the hearing and the purpose of the Commission. Ms. Sherman stated that she had submitted a written package that included photos that were taken from Ms. Pride's property on February 22, 2008 to give them an idea of what the view was from her yard. She stated that they were not contesting that the neighbors thought it looked good from the front view. What they were contesting was the encroachment, the use of common wall to attach the structure, the drainage issues, and all of the health and safety code violations and building code violations which need to be determined and remediated. Aesthetic blending with the community is only one factor to be considered in the general plan when making determinations of this type. She understood that approval or denial is completely discretionary and that the Commission has the ability to be flexible. She agreed that the accusations of sabotage and personal grievances in this forum are inappropriate and that it is something that would be taken up in court and not something that the City will make a determination on. They are aware of that and they are not trying to use this forum for these types of private concerns, but only to express their concerns in regards to the project that the Commission has before them for approval right now. She stated that when you have party wall issues there is difficulty in getting a title policy when a transfer of property occurs and that is something that they want to be very careful of. Ms. Pride's property value and the ability to freely transfer her property should not be taken from her because of a structure that was built without the benefit of the process. She indicated that she didn't see where a survey had ever been done of the property and she thought it would be obviously a threshold issue to be determined. She stated that there are declarations of covenants and restrictions recorded against this property from 1969. She has confirmed through a preliminary title report and discussions with Dave Erwin, City Attorney that the restrictions are G\Plane ng,Janme Judy\Word Files\ARC Mlnutes\20O8\ARO8C311.doc Page 4 of 14 ARCHITECTURAL REV,_JV COMMISSION MINUTES MARCH 11, 2008 still in effect. The preliminary title report shows that there are easements on Ms. Pride's property and assuming on Mr. Toia's property which are of record but have not been mapped because these are old easements that far pre-date the city charter and all done under the county's rules and auspicious. Something that should be considered in forming their determination is the fact that the wall and the structure attached to it might make the title unmarketable when the applicant goes to sell it. If the Commission decides to approve this structure, they would request that they attach stringent conditions to this approval. If this wall is not built in such a way as to be able to withstand the weight of that structure, we have a big problem since there is only four feet between the wall and the applicant's bedroom. They are respectfully requesting that the Commission consider the written documentation, the photographic evidence, and the oral arguments, and deny the application for approval. Commissioner Gregory asked if there was anything bearing on the wall. Mr. Toia stated that it was an inner wall. Commissioner Van Vliet stated that he originally objected to it for numerous reasons. He thought it was too high above the adjacent wall and he didn't like the way it looked from Ms. Pride's house. He went out and looked at in detail and felt that it could be rectified and if it was cleaned up substantially then he would support it. He made suggestions on what had to be done: slope the roof back away from the property line so there are no drains that go on to the neighbors property; do not raise the structure any higher; re-do the entire flashing making it nice and clean coming straight down against the wall; no capping over the wall; and not going over the property line. Commissioner Vuksic stated that the tile is a significant enhancement along the edges and suggested that he continue the tile on the height element. He mentioned that aesthetically it was acceptable. Commissioner Gregory stated that Commissioner Lambell came in after the meeting and listened to the recorded minutes. He asked for her comments. 6:1Planr rg\Janine Judy Nord Files\ARC Minutes'2008\ARC80311,doc Page 5 of 14 ARCHITECTURAL RE ._W COMMISSION MINUTES MARCH 11, 2008 Commissioner Lambell stated that there were four major issues that she was concerned with: the flashing on the common wall; the downspout drainpipe; the lighting; height of the common wall; and the height of the interior wall for the golf cart barn. Mr. Toia has dwelt with the issues of the lighting and the downspout and she agreed that the tile across the top is far superior to just the metal flashing that was there before. Aesthetically it will stand up longer than anything else. The height of the wall adjacent to the common wall is an issue that is not the Commission's concern. She stated that this group was an aesthetic commission and that all they were caring about is what it looks like and how it looks in the neighborhood. She mentioned that she drove by to take a look and stated that Mr. Toia has made a vast improvement to what it was before. She stated that she will support what has been done and what will be done according to the conditions. Commissioner Gregory stated that he hasn't changed his decision since the prior meeting. Mr. Bagato stated that a lot of the issues that the attorney has brought up are issues that will be addressed further. The general plan issue and health and safety issues are identified in the variances and the Planning Commission report. He stated that those issues are not being ignored and that the Commission will place conditions on Mr. Toia's approval and require a survey because we need to know what is going on with the wall. However, this forum doesn't address those issues; Planning Commission and the City Council will. Commissioner Vuksic made a motion to approve the project on its aesthetic merit with the following conditions: sloping roof back avoiding raising the roof anymore to get that slope; redoing and cleaning up entire flashing on perimeter of structure, not going over property line; obtaining a land surveyor for property line location, and continuing the tile on roof. Ms. Sherman stated that it was important to bear in mind that the roofing exceeds the height of the common wall so if the roof is made higher it will create more of a problem. She requested that the Commission keep the applicant's rights and property rights under the City code in mind when approving the request. Commissioner Gregory stated that this Commission is a subjective review group, not objective. 3'Planr r glJarr.e Judy1Wcrd Files\ARC Minutes\20C8\AR08031?doc Page 6 of 14 ARCHITECTURAL RE4._W COMMISSION MINUTES MARCH 11, 2008 Mr. Toia stated that the common wall is already a foot and a half over code. The city code is six feet and the wall is already seven and a half feet. The Commission and the applicant discussed the code and the grade height of the wall. Action: It was moved by Commissioner Vuksic and seconded by Commissioner Lambell, to approve the project based on aesthetic merit subject to: 1) sloping roof back; minimize the raising of the roof to a max of 1 '/2" to get slope; 2) redoing and cleaning up entire flashing on perimeter of structure; not going over property line; 3) obtaining land surveyor for property line location; and, 4) continuing the tile on roof. Motion carried 4-0-0-2, with Commissioners DeLuna and Hanson absent. 2. CASE NO: SA 08-78 APPLICANT (AND ADDRESS): KEVIN PARKER/SWAIN SIGN, INC., 1384 East Fifth Street, Ontario, CA 91764 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of reface on two existing wall signs, install new three foot fascia on two existing gas pump canopies, and install four 33-inch circle logo's on new canopy fascias: 76 Gas Station. LOCATION: 73-801 Highway 111 ZONE: C-1 SP Mr. Bagato stated that this was a request to reface two new existing walls signs and installing a three foot fascia on two existing gas pump canopies. They initially proposed to replace the pole signs, but staff informed them that the code states that if you change something that no longer meets the code they would have to come down. The applicant has decided not to make any changes to the poles at this time. Mr. Swartz stated that they wouldn't be redoing the poles at this time, so they will not be coming down. He stated that Sign C and D were fading. One says "Auto Care" and one says "Quality PROclean Gasolines", but they will reface both of the signs with "Auto Care". Commissioner Vuksic stated that it was the same basic sign. Mr. Kevin Parker, representative, indicated that those G.'PIann.ng\Janine Judy\Ward Files\ARC Minutes\2G08'AR080311.doc Page 7 of 14 City of Palm Desert / Department of Community Development frAti "gi ,- VARIANCE APPLICATION --,.._-_,..,.._. .' 73-510 Fred Waring Drive•Palm Desert•California•92260•(760)346-0611 • Fax(760)776-6417 Applicant: M 1 -F LT1.—if 1diA g,A,i --Co i/c Telephone: (76,O) -* 19— Mailing Address: (OCR 2. 0 f3 U Q e 0 LA- Fax number: ( )A,'Ie City: Pk--M. L( State: (lic Zip: q22&Email: t-A Ci Ta/A & i l4 (-& N 1-'I Property Owner: A 1-/�1 e Telephone: Mailing Address: tuber: City: State: Zip: Email: Representative: 4,4 C- Telephone: Mailing Address: ax number: City: State: Zip: Email: Please send correspondence to (check one): Applicant Property Owner Representative Project Address(s): A'M A-5- AD \ O Existing Zoning: General Plan Designation: Project Request: I}rpl`v;opi_ ©F PRFTJ >_L' PLANT I re 6,0L.F CAP-7 #4 vt1 ITN-IN _5 K ET- PiPr4 - COVE' . T HE .+�. ca ,ENT =0QFL 5TP iir /s .-2. 2 Y / �1.) OLD P /2-kY[-lfi 5 4-5 YEA' 01 gA Cam4R--r i- 7`i . -Te_lac_ribo. UJ+-(t..Nt l411) A- (.00/). p 1*}7 E A vi PLC/M 1Alti A wpv;A, i 71+a Rapp (SEE �I 1.4 is ,� I ` 7 i e a Property Owner Authorization: The undersigned states that they are the owner(s) of the property described and herein give authorization for the filing of the application. i M ccit*_ '—T-pfcti 6 1.2e./o s Signature Print Name Date Applicant / Representat a Signature: By signing this application I certify that the information provided is accurate. I understand that the City might not approve what I am applying for and/or might require conditions of approval. T Signature Print Name Date OFFICE USE ONLY PROJECT NO: VAR DATE: ACCEPTED BY: City of Palm Desert Variance Application PURPOSE: A variance from the terms of the zoning ordinance may be granted nQ J when, because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings,the strict application of the ordinance would deprive such property of privileges enjoyed by other property in the vicinity and under identical zoning classification state law prohibits the granting of a use variance. II. SUBMITTAL REQUIREMENTS: 1. Complete application form filled out with required signatures 2. $2,915.00 Deposit Application Fee. Costs to process the application will be charged against the deposit until the development case is dosed. Payment for any charges incurred in excess of the initial deposit will be required prior to final action. If the deposit amount exceeds the accumulated costs at the time of the final action on subject application, the excess deposit shall be refunded to the applicant. 3. An accurate scale drawing of a site plan,floor plan,and elevations indicating: III. PROCEDURE: 1. Submit a complete application with all sets of required plans and appropriate fee to the Department of Community Development for staff review. Staff will review the application and determine if it is complete within 30 days from the date the project is submitted. The application will not be processed if it is deemed • incomplete. After the application is deemed complete, the project is circulated to other City departments and local agencies for comments and conditions. 2. If necessary,Application is presented to the Architectural Review Commission for preliminary review of the site plan,elevations,floor plan,landscaping and color material samples. 3. Staff will prepare a written staff report and the project is scheduled for Planning Commission (meetings held on the 1st and 3,d Tuesdays of each month) and a legal notice is published and mailed to adjacent property owners/tenants 10-21 days before the meeting, advertising the public hearing, approximately 6 to 8 weeks after the project submittal.There is a 15-day appeal from the day of a decision taken by the Planning Commission. If the project is appealed or called up for review, it will be scheduled for a public hearing with the City Council (meetings held on the 2"d and 4th Thursdays of each month). Staff will prepare a written report and a legal notice is published and mailed to adjacent property owners/tenants 10-21 days before the meeting. This process is approximately 2 to 4 weeks after the Planning Commission decision and approximately 8 to 12 weeks after the project has been submitted. 4. If the project presented to the Architectural Review Commission then it will return to the Commission for final approval of construction drawings. IV. APPLICATION CHECKLIST: APPLICATIONS WILL BE REJECTED IF ANY APPLICABLE EXHIBITS ARE NOT RECEIVED. • 10 complete sets of preliminary drawings (typically 24"x36") as described in Section VII of this application, folded to a maximum size of 8'/2"x13" (scaled, 11"x17" size plans may be substituted if appropriate). A complete set of drawings include: • Site Plan Architectural Elevations • Floor Plans • Roof Plan One(1)full size colored site plan and elevations Digital files on CD or other electronic format of all plans • Two(2)copies of a typed listing of surrounding property owners. • Two(2)sets of typed, self-adhesive mailing labels for adjacent property owners within 300' of the project. 2 N City of Palm Dosed Variance Application One (1) set of Assessor's Parcel Map(s)Illustrating the subject property and the surrounding property within 300 feet. Draw boundary of subject property and 300 foot radius in red. Complete Supporting Data questions is Section IV V. SUPPORTING DATA: 1. A variance from Section(s) of the City's Municipal Code to permit a: 2. • What particular difficulties or unnecessary physical hardships inconsistent with the objectives of the Zoning Ordinance would result if the variance were not r nted? A 'PRE U SL Y 3TA 1 D►-afE � ESEN7 ST2U T Fr /S il/ 2 1 R g.S OLD HN 15 U i ii t_ 'rS di � WaTL 7 /7FL, ?� �! E A S we A Ii) 14,4U8 Ni CrAM W 1144QAC'i TO DUI. PROPERTY VANE . 3. • What exceptional or extraordinary circumstances or conditions property that does not apply genera y o other properties in the same zone? L�xT W 0 0 X- IRA- DR-DINARY �• ' 1 D D� A- >✓ON u g. 5Tin-r. 4. a To what extent would the strict or literal interpretation and enforcement of the specified regulation deprive of it en oyed b the w ers f o opertie nth sa a vici ity and zone? ��N�� E3 D�! DPl�. ���� � �141� �iA-��,��5 G!-f A, 7- )Z G L.LI i V LINE, SEE AIFACI4MEN S 8-1 'VI ki,1 13- 5 5. • To what extent would the granting of this adjustment be detrimental to the public health, safety, or welfare, o roterially in'urio s to properties or im r vements in the vicini ? R LLi L�( 0 p t . 4i -u � L-To P ' �P 7ES IN 1ate►,I L LL 1 1� Ail 3 '1,,rl4"4P/*►��S"�1a : :T.l�1t M IlT PZ T • ,4 7 O &Iel2S, f WELL 451E7T O al P&L i FROH NF iyie 7,2.5•c E ck. CI "fl 4cH6. • Proposed use of the site (project for which the form is le ; escribe t e tal undertaking, not just the eLF GO pp�icatiorl CA-2.-i al043/sought): 7. Gross Project Site Area: 8. Net Project Site Area: 9. Existing use of the project site: 10. Existing use on adjacent properties: (Example: North, Shopping Center; South, Single Family Dwellings; East, Vacant, etc.) 3 City of Palm Desert Variance Application North: South: East West: 11. Site topography(describe): VI. PROPERTY OWNER INFORMATION: The applicant shall provide the Department of Community Development with two (2) copies of adjacent property owners and their addresses for all parcels within 300 feet of the proposed conditional use. The two(2)lists shall be typed on self-adhesive mailing address labels. The lists shall also include the owner of the property under consideration.These property owner names may be obtained in one of the two following manners: o Contact a title company and request they that furnish you with a list of names and mailing labels, for which there will probably be a fee for the list. o You may obtain them yourself in the following manner: • Secure from the County Assessor's Office parcel maps covering your application and all lands within at least 300 feet. • Indicate the area of your request by a red outline on the parcel maps. • Delineate, in red,all property within 300 feet of the area of your request. • From the parcel map, make a list of book, page, block number, and parcel number within the above 300-foot area. • Using the Visual Numerical Index File, which is to be found in the Assessor's Office, place the name and address for each parcel opposite the number described in No.4 above. • Sign Affidavit attesting to name list. • Return this list with your application to the Department of Community Development. VII. EXHIBIT REQUIREMENTS CHECKLIST: APPLICATIONS MAY BE REJECTED IF ALL PLANS DO NOT INCLUDE AT LEAST THE FOLLOWING INFORMATION: APPLICANTS ARE STRONGLY URGED TO CONTACT STAFF IN THE PUBLIC WORKS DEPARTMENT PRIOR TO SUBMITTING AN APPLICATION. A. SITE PLAN: APPLICANTS ARE STRONGLY URGED TO CONTACT STAFF IN THE PUBLIC WORKS DEPARTMENT VERY EARLY IN THE PLANNING PROCESS AND PRIOR TO SUBMITTING AN APPLICATION. Name, address, and phone number of property owner, applicant, engineer and architect Scale, not less than 1"=30' North Arrow Vicinity map including project address/location Fully dimensioned subject parcel boundaries Abutting streets and right-of-ways, dimensioned (consult with Department of Public Works) Existing/proposed street(s) and width(s) including: centerline, median islands, parkway width, and sidewalk(s) dimensions 4 City of Palm Desert Variance Application Access and driveway dimensions Location and dimensions of all existing and proposed easements All utility line locations(gas, electric, cable, water and sewer) ADA Ramps, Paths and Path of travel All existing and proposed structures All building setbacks from property lines Building dimensions(include roof overhangs) Location, elevations and height of proposed walls and fences Location of trash enclosures Parking layout with dimensions of stalls, aisle widths, walkways and surface type Map Legend including: Gross and net acreage of parcel(s) Gross and net floor area of structure(s)and type of use Required and proposed number of parking spaces (including handicap) Lot coverage(percentage of land covered by building(s)) Landscape percentage in and adjacent to the parking area B. ARCHITECTURAL ELEVATIONS: MEViOUSL`( Show height of new structures from Finished Grade to highest part of the structure, the roof parapets, and 5LieH WEb each floor. I►N D Show screening for all roof-mounted equipment 1 PPRoVE D Proposed signage/awning location (if signage will be on the building after it is built) a Tilt Colored Elevations, rendering and/or perspectives(separate sheet) C. FLOOR PLANS: Dimensions of interior rooms Label all rooms Dimensions of all exterior components D. ROOF PLAN: Indicate top of parapet heights Location of roof mounted equipment Location of ladder for roof access 5 City of Palm Desert Variance Application (SAMPLE) Assessors Map a Q - f 2 13 12 IT 16 15 14 12 4 11 10 9 a F t 4= roar 1---------. 11111 IS 16 21 22 a 10 14 pi T 20 411111h s / SUrJECT s 2 PARCEL s Willi to 111/1111 4dll 0 ,., 3 15 21 20 19 16 2 1sIAP2i f0 /1 12 1 IT i 15 14 /3 NOTE -. THE SUBJECT PARCEL AND THE THREE HUNDRED FOOT PERIMETER LINE ARE TO BE OUTLINED IN RED. 6 City of Palm Desert Variance Application OWNER AND/OR OWNER'S AUTHORIZED AGENT AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF PALM DESERT ) I,(we), t c 4 Et-- 7- Tt i'i being duly sworn depose and declare to the best of M Y knowledge that the (my/our) foregoing is true and correct under the penalty of perjury: EXECUTED AT: PAS IE ,E¢T Get LI c - // /(CITY) / (STATE) t9 DATE: 2.0 D (MONT ! (DAY) (YEAR) APPLICANT, OWNER AND/OR OWNER'S AUTHORIZED AGENT: M tC-HAIL S-7-42 Ifit (Print Name) (Signature 14bo20 ,1Q12DuJll. LAW- (Mailing Address) Pic. DESE9.-r,cA . g2260 (City, State and Zip) ezbo) 340 -4--12 (Area Code)Telephone Number 7 ?KO PE..TY LI &l E .V E Y 5 /Rr/E Y FOR THE L OCAT/ON 0,4-PR0pzA,ry L/NE BEr 4/EEN Z Ors /Ait//.� ,2 dF TRAcr4io 386 2 M.8. 6// -/6 "CITY OF PALM DESERT" /Row/wooD STP,EE T Fat/ Acg9°4141'3.5"E 830. a9'M , -- 9/7 6/"44 - Fd2 830. 56 o fdz d, = 9 0 FO vivo 3 /., Q I No TA 6 (4 N 3 r a W ,-'VO/PT/I FACE OF/v/45ON1/R Y I'V4L %./ �Fd, /' L A/0 0° #S'o 0"E FOunVD % /.p. TA r,642)L.S. 79 30 4,1 . j Nor To 5c'L ,E 7111' /. E5T48L/5HED THE CENTRL/NE OF/Ro/VWoo,o STREET 8ETfV�EN Tfrvo P0'ND 3/,4"/.P. WO 'V/,V on/ PA L.M L7 Z 5,E R r Un//T NO 7 AND TRACT No 3862 2. E5TA8L /SHED THE CENTERLINE OF I ORR© /rVFE,O 2 A,/E- ,3 y PROPD/?T/O/t/,Ib O/STNC'E 7 7 4./V,O TUR/V,EO RECO.PO A/vcz £ 3. 1/C 4/EXER WE rt/ERE L//M.944 TO F/iVD RECORDED iv/ONLIAM-NTS on/ 5dRRo ;cr,EE,O ,..A,/i TO 5/18 STAN T/f1 TE THE 40 c A ri D N OF TI/E or.L/NE IN Q UE sr/on/. 64. THE cON/P,L,ETE D 5//RG',f) /ND/C.'7 T.E. 5 THE Z. Or 4 /A/E ©ETkV..EEN ,COTS /AND,2 ON TRACT A/0 ,386 2 Is AT/OiV 7-/E /VOR ri-/ FA'C.E of THE EXIST/NC M/154NRY Wig/. . ti • NO 2 5/t //rcH ,ENc/A/EERs /A/c. FXp. 3/309 } P O.Bdx 1,155 PALM DE5ER7 .\ ` ,; CA. 9426/;760-3445-7667 CORNER RECORD rr,-t ,,. t...1frb t CtY t>t /241..t r Desert_ .__ __ (At.r-! ct /Pive/_' 1•/s°' C i.4.►A 41 isvf OC)t, 'r..;,Or 04.ai±/. Tra,G7 1' 0 36'6 2_ a % 6 30— (00 -C2. -5 CORNER TYPE COORDINATES ! (Optional) 1 It,r"alr,'S C°fik;♦ .._ _ to ,,.,,.._ , Act:,7, , Ry Amy, t)•«r CA ;,,,r.V•/_.l A 44.6,t C 1, 2 et) N.,4- 7. ,ixx:•+ fkv ,,o,. iti.tl N :,, .. .1t.,=t ,l r aA `Ak.:, feel L). % Mr. l 4. 4' F*,t•,:h:, 41:1: ,.3.w 1.1-t4 : _.,., 1. aF-ram 4.Corner— I;'.;" `^`. ';,,.f4 1 r0"tor1J a 1.1 t4Jcjt't k y1 1-srit,i'.f'{'�^.s._ nt ,,:a,w,,;!)„c1 POI i t r� ..,... tGGnttfiA)On tow! !we. 14 "ern" flour"d E'ttloo—o, 3 t.`,.x) ,t: tt r+cit':`y co i`,rrto-e.atAC J?CO :0 L'':;Ca4C1.r"i tt'+l'f,,ttfvf ...,Z__/ .% /./'. No 7"v it _ ( ./ 57/- 1 r' /t/o .9te 4 2..__.. 2. S.5./),7.hr' S°T Cross o t7 R'm. ,3. / d. . "J1 r'c 4.5 T 9 30 No_R, /'Pr7 c 9 _ #•ri 4' Co vn r4 y ,�/�t t-�►tlr�z.s°rt/..-I;ifed 4- ?G o C�._ _T '.:tiz '> '/..Z:/2 1. ., 5„er &C.4, ./? 1.i/n Cu r,d -i,rac._..//:r-Lso tio Cot 't '"` t,otiot•st;t` :t- ,.F" zi *0J`ti joy; AN R,w' cr. remet; .�.�_... .._._ �. t� ,Cr` 0 'ME?4 /✓f p12. 2,70..Alfzi_7 .�4 ape /#7 food CAf241 1 ih O SURVEYOR S STATEMENT Tttr: Crgnor Recor r.,.3..,i-tt�,,4* 't: tr»s or t.r 1 t my Cycc s:n ;n CCr';xtv..4fC• at;ti :° �v c� ,„fr 8. 8___ ttet latritf ,itiri.:?t ` or �?(� + ',• ;°' r ,�< /� � '�y ir / / ram, r`. 1 ;a ,w tfi i COUNTY SURVEYOR'S STATEMENT ' ,'`N. . ,>. Ti-tE: CO'"":r N�€ YG ,�.gw,r»,ttrr€:1 .-t` '.1ex rniiPc1'. ` f o ; d S q"o0t3 1;11,4.ty C::`_urrttt,` S;,'vCV County Surveyor's Comment _ LC CA lON50v ;-!47NELOT,/ TRACT AIO .3B62 k h ' J` tRofti VOoo srRr:‘r of,• .1/7414.3.?'Ad 2 /74.1d.O9R )- - Oi©. 56 'A' • 9/7. .R A' 8.o1.G9M 1 9., • 63". 41 I. - S. 5.M.hl k J c . c) h t N ig � . V5 C.i,c e N. i r E ! 1 . C Le-- . L /A,/ CT ; c, a F ✓o r J 'NI PRGPZRTY L /N4 / -4- 1.,=,':- rrl 04, C.N 7 _-.•*" Of 4 X/ 7/A/6 h Jt/AL Z. . 0 03 L____ ______ =Z;:Zc12 ALP From: Edwards, Ray_ pR11.3e! PA.L.. rslci . Ti=cA. . N1JV 1 3 2008 To: mjtoia@earthlink.net , nk m iQ1 �jT`TTC �1 �k ri���r�iTrP�:j..i�,r1.:�:\H Cc: billfitch@globa1101.com � Irr ; rrrr Date: 11/13/200 8 12:42:51 PM Subject: CR08-0411 Michael: The attached CR has been reviewed and is approved as shown. Please submit the original , wet signed and sealed for further processing. Once received said document will be submitted to County Surveyor for signature and filed. Ray Edwards ialA/,,A c.a. # a80 it CORNER RECORD X.5//1 C� i1 — .3-0o City of ,Pitapi Desert county of River s the ,Ceiiiomie Brief Legal Description_]071 r.RA c r A/o 9 8c-2, A4.13. Gl/i� . _ . L 1/Ai& JA/ 5:E!. 29. r-6-6 A'-a-:, APN:4.30/Oe --023-.a CORNER TYPE COORDINATES i • •(Optional) I cowsretment Comer 0 Control Q N. - I _ _ Meander 0 Ptop°m E. .. i r Rancho 0 Other 0 Zone mart 0 NADRI 0 t Dam of Survey t'/4f 8 NAM EPOCH Elm Vol Datum MVO 29❑ RAYON E (Include: Sec_Twp.,Rga.&Meridian or Rancho) Meas.Units Metric 0 Imperial 0 Corner--- Left astound 0 Found and tagged 0 Established 0 Reestablished❑ Rebuilt❑ identification and type of corner found:Evidence used to identify or procedure used to establish the corner: ' Z Fel 3/¢'JP.iVoTAfo va_!'Acc..4-PrEimst/AlrAAA,41B. 2V/iV7 'AFT ?'Ar'.gCA l24-7/ 2, 5.5.it i".H. ..si_T GRoss oA11W 3 '' _a. . ' i� ca •�R�4SSiy1ntl nA/ I'T.46.cn s ��nr J_Q. 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A •IZ-� I, %, — FLOOR PLAt4 ft-- s\) 1 � 10 d Np o , 01, 0 , A 6-, P 0 ] d ri I 0 1 lb 1 6 1 t. . _., . - it, ar.4, 2.S ' - '-inlill el T 1- ; .---, IP T t? v) i g ...06. fj A'> 0 70 I i c- Nis v.; c gd nAe0 wAk-t- • � ; '. i 1 L--- 20` ---71 PRE-C-,(lS tc otc, coatM a N BLoc4 cri#1.4„... ROOF PtAq - r - NCII FELT M04.4C,D Roofmr ®,-) 1 h" et'! LT �,w `^71M E-r� 30 f$i #4, oyes Z a ' a 1~ z X 4+ FR te•f c o NI1 1` .ii ........\______________.--r(RE:A,--rft> Anytp .5.1%.- 'P1-0\--re , xl _c.ai FR(0 t,317- Ny' I E:\e\/ < - 2.X ca LEp4EIz fL,AZ = to/MF FA.A.., 3bIsT ttA6.1c C&s 1, 3 Tzi ax ..,01 sT 0 kJ ►b" C.Eo-le-reu i..114e N if, 2x G F ►Re Z /i 131-0c K S ;q 3'01 ST' N i _ . , __ .______ ul i 1 -i©? VIEW 7.,,..,.Cr— ;. 4 : ' . Or'*-"ii 1r.4'"At.,v 9i 7 ia" f , Iop m',M7r ° o w Y ,ta4 � x�.. ; I Ill ',a�+I 01'' ' � Y r 1 . v !y� .y"` e sl IJ II lit` I ' .1 -1'461,11. m s° y� IIY fr n ,; Iv ; o�YII I�)l��I INS r �*h_�.. � ' i ' N. Ili IIIat Crrr,�, r a r� :at yr YII ' ��.�y Y � s 1 ll 9 k � � �! $1� ray �4�'I I,-�gl�it-I",'7 ^yY ' 7 r 'of �` y ar 4l� �I� V+9g °S:7+'i e '. _ )i4Ts4 t r ���w a it I .•, 4 Y 4', '':1 1 `M! 1"‘',...•'',,t.'- t.:,. ' :. * .,....ef_ I I> • 1 , r .. 1 • • ar 4 , - ,,,, i.,430. -, k r . jF r y T. �s k' M' ,I4 .z. d_i . ,, ,,,, s e ter,: r - The pre-existing carport was more . , than 25 years old. Iti '', -,.. ' ,,'‘'' ,_ consisted of a nine foot wooden gate with an aluminum •roof structure that x =,t-� , , 'k Y extended from the • a ' ' M1s A ,� garage to the common wall. The gate was very heavy and difficult 4.. to open and close.,, , it I .. I' .,' 1 It was quite an eye sore, was subject to the elements and - - - - :Akk posed asecurity/ --, . vandelism issue. -� d - .,, ' 4 Si 0 - * 4.-2, - om.;k c r z- ,9„:,,•-•kf'..-;E•7-1,•':,',p.'".,•i' 7.,4,:,:f711,:- .•-s',•:-.4.,Z_ . . .,, _ � a -, . . u -. , ti aoova ( S 7-1-t L bUILLItY6 PERM! 7 M UTH / IAil T- NP PKvNT WffLL . A'-3 . 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' I ,, ' 1:.Y 0 ' - --- f .1.,b,4:\\ .,, tfe.4 ,c, ,,,, t, 1 . . ., . s - , - , - ..,_ „, . -r. ., ,....;. (c., .--) ac- ..........„ 12- 0 . .,... .. .Jr. ..., ,. 1... ,*. : ilk, A .e..„,'... *(''N, 4\•44) e V) ,.... ...*) ' f -- -.;:k7---,,,) ,iii-i . \i. ...-t--- • -I - '----- ‘7 1 '1,..,... '..':,:',_ ' :.,„.., - %it 'II ,. It ,I'S• '(I • r--- (---) _ „ „,..„.„ k.1., r',: r \-•,;., •''', .. .. ,, ,-,.........„ ,,— ,, ....... ..:4t*Nit . , ,, „, _ .^ • ,. i' lib..•.. ..- .- -- ,_ '.... LV.4.'': 1,,_..,;k- - • •4,t if .......... ..,.-4-(..,,,,' 0*.4,,..:',„,,,,,,-,,,,..,,, , ., ,,,,,.....i.-,. .. ,.-. .. . ..,,.,,,,„ 47',kr-Ns„ •-,--,,,,,,..1:"'..----1,-..4e.n.,-,.',,,--, ••-,..,,,,t474. 7..... !,*... --- --: . -'''''''''''''''''- .' % - `....0,114Z"Q;i:.,4'')'r-Zt•N4.111- .2.0_4%'.-::',11iir'-61,'.«5tir/h,kb,.4!",;7:-' i'lt. .4,7.40T4147,?"-:.' ,.,:°*.. -- ' ,1,'" - " - - ''-- 1; t,•,,,....,*-10,,t,_ 2 -;,...-4:414!',,;2".0--Ni:11‘.:,4,44,• ,•;;Ak i.‘,. 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Consistent ,,, ..,,.,0, with otherhomes ,. :, . . ,. . _6., . ,....,and garages on our .q.„ . - . street, it is built directly on the property line- , .....__......._ . ... .............. — - :,...,..-„,,.,:.-,,,;,...,,,,,,o•At,,,,„,-,7,,,,,,,,,,,,,_,..., , ,.,-...:----,,,Ai-.-_.:4.t.:',, .1.3,-,.•:....,,,,,,I,•,..,1,. :-.„,.-4-- ----:,-;,:•.-•;,:-,..,;4=4...-.-:::1':.."1:,'1=:.,,-,1. . • . . , . • . . ., . . . . „ .,. ,,. .., , • , • • . . ' ' '''' ' ' r • ',_H.:11t.:4,-„_ . . ._ '---.....51.7400,21. ,,, ,Ilitd_:!.40,„oft..-:,„t-T.dav,,tmdwv.!1--,•...,rd n ,, '•-.', '.r-'="-r , --.-,- .,i.V.,,,:ir'i- -"ilt.:-;,11-,1;:.,.n,!--. -— )?.F.:!- --r -itil -4!ri'-. ,,._..,.. _ • "-•-- ',-, ='.---4=1:,--•=,.,4.W---;t'''.'1':*-16 j-,,;:,,..4,4"t:::.,'--4_,._. .„..,.i.,,,,.,itr.„ ' ' 'rf 1.2_, '• ,-,- --T1,-47;7!',17,T, -„,d--13:=T''OET,-- IN .•,. . -— ., ..__ ,.ddl II, ''',.''; •. There still remains still remains ,„41; more than a four lv-tw . ,F, -4, ,- foot set-back from .,i,.;,..,. . f I . _ the common . wall to the „..„, ,,, .....•,..,,,,„ .-i-,.,,,,,,-,--..;..i.•.. neighboring k:.;.,.,..., - ..--- .._,-.44;:.„ home. —............4 .. ' . . • ..e. '...'4.;. ' .•'. ..,..;I' , ..04, ' .. . . 5-1 • These 2 homes are located t i , 46190 & 46240 '�9.`„,.,,,, �� -t-,M"'h�fa^ '" eV' {S.'..:. 4 ` Y Burroweed . , ,,ate„:, Lane. The , T r garage on the left is built on the lot-line. a The total space rt.: between the structures is r approximately 4 } feet. 41- ;` ' n z�* 1:� at,,,. ell ,ter f„' F 1111111101111W- 5-2 I hese 2 homes r are located at �, iikli , 46250 & 46280 ..... 4 A,Burroweed. The r garage on the left is built on the lot-line. ,, ,, The total space between the d structures is I approximately 4 e feet. a 0. • f PI k4'S 'r''Sf11�Y > 2 ]iiit44 1�g r Wit IT f� 4 . t.V 21t ''' V''ir ...,,„ , �, ]fly �f 0 1! . 1r vSi k These 2 homes are located at 46080 & 46100 - Burroweed. The right garage is built on the lot-line. • The total space between structures is approximately 4 feet• 04( There are several homes located on Burroweed where a zero set back occurs with both units. I P 5-5 Petition in favor of the Toia golf cart barn To: The City of Palm Desert Architectural Review Commission Regarding: In the matter of the Toia golf cart barn located at 46020 Burroweed Lane,Palm Desert,California 92260 Statement: We are the neighbors of Michael and Marianne Toia and have witnessed the transformation and beautification of their property over the passed few years. We believe that their improvements have been tastefully and professionally designed to compliment their own home and that of the community. We are specifically aware of the golf cart barn constructed two years ago and located adjacent to the main garage. It is a very attractive addition, integrated with the existing structure so as to appear part of the original design. Consistent with many other homes in the neighborhood,it is built on the property line. We urge the Palm Desert Architectural Review Commission to approve this stracture. Signed in concurrence: Signature Print Name Address J 3 E/ . 1 /7 S— .4, . j / -< ' /, fir ( `` ,� Z �'J� 44/e 7Gi 5 Ind - 4i`74 is .' • 6 75 a rrO vv'e1)' LTV" Va_ n i '�..J- 'r2' / (" '' --)c G- (' t mac( / �. 01 e._ ��tt�� 0 i�vc-re r,, L k 2 274n . ram. /f/6C.l�` 7 11 L� ? t� f)ei, ;e 9 - e 't..._... C ;n`� 1-"At LA k a5C) .( t../VCC v..)e_e ct Lit=° �r 06.,0 iir ile'4 t-z� >" 7F ::Lam% f-I. //ce cc— `.' 3 3 .3 lc.,/riec c r -v LAI. 9 a a-L c : Pi/t".#Jf (�f41 V�C C� r`l.J' ,`, J[.rlf1 /`��'" Y�: j � t G'' G'. ',{7'�sl':. J �' `� 3 "jam 7�.Gf'.J``!l�ti1`if�ii%;1 �G- ��i x2-60 - 3' ' Cs.-ac3 � T. iJ r2. 4,. Z ? i ,! UUI i1? -V It't= I I gip/ c �`i'i 1 L ��.L2 t -Y''1.^ a `t, �1 i�'f���€3►l ` Y1 .0 1 `'� "1�l 0 z,;:mac: . . Petition in favor of the Toia golf cart barn To: The City of Palm Desert Architectural Review Commission Regarding: In the matter of the Toia golf cart barn located at 46020 Burroweed Lane, Palm Desert, California 92260 Statement: We are the neighbors of Michael and Marianne Toia and have witnessed the transformation and beautification of their property over the passed few years. We believe that their improvements have been tastefully and professionally designed to compliment their own home and that of the community. We are specifically aware of the golf cart barn constructed two years ago and located adjacent to the main garage. It is a very attractive addition, integrated with the existing structure so as to appear part of the original design. Consistent with many other homes in the neighborhood, it is built on the property line. We urge the Palm Desert Architectural Review Commission to approve this structure. Signed in concurrence: Signature Print Name Address , , .4 / tr‘- , 2., 6 0 .X:4-C.- ( I - /41/ I/ e?. ° Q..<4 • c=c( 14L, Le iCtiA/Z_D M kr1-4 - s- z- -74 • 4 • - - • • fr/ PAJ,) 234/41.e4We-5 ) A-A1 - I. • - • ti(2)-Ztif pa i 1:1T GL 474-5 t L ,p F Z-75- ,C7(.‘e-(i (Cf. iC '11 C:-: f%";52-'5 , / ,1 e:; j;I(2 ej;,A. Petition in favor of the Toia golf cart barn To: The City of Palm Desert Architectural Review Commission Regarding: In the matter of the Toia golf cart barn located at 46020 Burroweed Lane,Palm Desert,California 92260 Statement: We are the neighbors of Michael and Marianne Toia and have witnessed the transformation and beautification of their property over the passed few years. We believe that their improvements have been tastefully and professionally designed to compliment their own home and that of the community. We are specifically aware of the golf cart barn constructed two years ago and located adjacent to the main garage. It is a very attractive addition, integrated with the existing structure so as to appear part of the original design. Consistent with many other homes in the neighborhood,it is built on the property line. We urge the Palm Desert Architectural Review Commission to approve this structure. Signed in concurrence: Signature Print Name Address ;, 0 G-- 73 4 I _ ' t�oo1 7 cc sallffiffir i.3 CZJ �r 1�"r Uk J i lT 13;, * i-M 4( !b ..?RRc L!v z 1 L '1 tt "- , itlPillOt/trPMHIMElrrrMZr ` • • Mary Helen Kelly& Kathleen Kelly 46-100 Burroweed Lane Palm Desert, CA 92260 January 10, 2008 To Whom it Concern: We are two of the co-owners at 46-100 Burroweed Lane, and we are writing to express our experience of the property located at 46-020 Burroweed Lane, currently owned by Michael Toia. This property is at the corner of Burroweed and Ironwood,essentially acting as point-of-entry to our block,which ends in a cul de sae. It's appearance is very defining for the block, For multiple years,prior owners of the home at 46-020 let it fall into complete disrepair. The home was an obvious blight The yard was wild, and the home was not receiving needed maintenance. The backyard pool became green from neglect, and it was visible from Ironwood to those walking by. This made the home unsafe as well as unsightly. The current owners have completely renovated and relandscaped,making the corner highly attractive. It now is a good match for the very upscale home on the other side of Ironwood. All of the work has been done tastefully, with desert landscaping and coordinated architecture. We have noticed the new golf-cart garage adjacent to the main garage. It is a very attractive addition, integrated with the existing structure so as to appear part of the original design. Consistent with many other homes in the neighborhood, it is built against the plot line. The work done on 46-020 is a very,very welcome improvement to the appearance of our neighborhood and an asset to home values. We applaud the current owners for their effort. Sincerely, hi Mary I Ieln Kelly}L i z-- 7>r v t% 1. . Lt. Kathleen Kelly C January 12, 2008 To whom it may concern: Mr. and Mrs. Toia of 46020 Burroweed Lane, Palm Desert are neighbors of my mother's. My mother has lived in the house across the street for many years and has watched their house be occupied by a few different owners. Over the years they have become friends and while my mother has become quite ill and I take care of her, I'd like to take this opportunity to express the things she has said and I have noticed about that property. Being a retired real estate broker she always took an interest in the upgrading of any home in that neighborhood in the interest of property values. The previous owners attempted some cosmetic improvements that while well intentioned I'm sure, came out looking less than professional, incomplete, and esthetically unpleasing,much to the dismay of my mother each time. Since the Toias have owned the house there has been a complete transformation to say the least. The house now has become one of the few in the area or on this street, to look as well cared for or as complete. The curbappeal has improved 100% and all the improvements have blended well. It has come to our attention that there is an issue specifically with the appearance of the small garage area where they keep their golf cart. We believe that their improvements are tastefully, and professionally designed to complement their own house and that of the neighborhood. Looking across the street at their home has been an enjoyment to my mother and myself and should be left as is Mr. and Mrs. Toia are friendly neighbors who are well liked. They have shown themselves to be responsible homeowners interested not only in the upkeep and beautification of their own home, but helpful and responsible to the neighborhood as a whole. Please feel free to contact me personally regarding this matter if you would like any further comments at 346-4466. Sincerely, Deborah White for Lois Bradstreet 46055 Burroweed Lane Palm Desert, CA 92260 346-4466 FROM: Richard & Judith Matza 46-415 Burroweed Ln. Palm Desert, CA 92260 DATE: January 10, 2.008 TO: City of Palm Desert To Whom It May Concern: I am writing to you concerning the matter of the golf:cart garage for Michael and Marianne Toia, 46-020 Burroweed Ln. I have watched the Toia property over the last two years and I have noted that it has been consistently improved over that period of time_ Mr. and Mrs. Toia have improved the house inside and outside, the landscape and the curb appeal. Their improvements have not only benefited them, they have also benefited the neighborhood by the enhanced appearance of the property. The golf-cart garage was constructed in a tastefitl manner and with care and diligence. It tits the design of the house and is consistent in design and placement with similar properties on Burroweed Lane and surrounding streets. I understand there is a complaint about the golf-cart garage, and it seem to me that if there is an objection to the cart ga.r-age, it should have been raised earlier. while golf-cart garage was under construction. It is very odd that a complaint should arise more than two years later. 1 urge you to consider the good intent of the Toia's and to permit the golf-cart garage as is. It will be a shame and an injustice to impose a restriction after more than two years later. There seems to be no objection from others in the neighborhood to the golf-cart garage. Thank you for your kind consideration regarding this matter, Sincerely yours, CCPN Richard Matza 760-341-5659 C.-�a January 10, 2008 City of Palm Desert 73-5 1 0 Fred Waring Drive Palm Desert, CA,92260 To whom it may concern, I am a neighbor of Michael and Marianne Toia and over the past few years have observed the exterior beautification process that has taken place at their residence. While at the same time they have improved the appearance of their home,they have also contributed to overall appearance of the immediate community. I am specifically aware of the golf cart barn in question and would like to be on record that I believe it was tastefully constructed to blend in well with the architecture of the home and surrounding area. I support any efforts on the part of the city to approve and allow this cart barn to continue to exist in iTs present form. Regards, ,' Stan Smith 73-526 Ironwood Street Palm Desert, Ca.92260 (760) 346-4335 C-i • January 8, 2008 City of Palm Desert 73-5I0 Fred Waring Drive Palm Desert,CA 92260 Re: 46020 Burroweed Lane To Whom It May Concern: My name is Rose VanHook and I am a resident of Palm Desert. My home is located at 46240 Burroweed Lane,which I have owned for several years. I met Mike and Marianne e Toia a few years ago and have watched the incredible work that has been done to improve and beautify their home. Not only has it been completed in a professional manner,but also with taste and class.Their labor of love has added value to the entire neighborhood. I strongly support the accomplishments of Mr.and Mrs. Toia,and hope the City of Palm Desert will recognize the same. I can be contacted for any further discussion at, (310 350-.5920). Sincerely, -d tljeg-L. A/o-a-A a . Rose VanHook 46240 Burroweed Lane Palm Desert,CA 92260 C-5 • 1/11/08 To Whom It May Concern: Michael and Marianne Toia have made many changes to their home which have improved the appearance of their home and helped to beautify the neighborhood. The two most striking are the conversion to water saving desert landscaping and the replacement of a tacky looking lean-to attached to their garage with a garage extension which looks original to the house. As part of the neighborhood we thank them for the ' prove :tents we are aware of the dispute initiated by their neighbor and ask that the J city approves the garage extension. Respectfully, r' f_. • Michael and Paula Peters 46160 Burroweed Lane Palm Desert. CA 92260 760-568-9097 • Bill and Barbara Yates 46060 Burroweed Ln Palm Desert,CA 92260 City of Palm Desert January 8, 2008 To Whom It May Concern: We are neighbors of Michael and Marianne Toia and live on Burroweed Lane in Palm Desert. In order to access our property,we must pass the Toia residence whenever we ingress or egress. We have witnessed the beautification process of the Toia residence 4p vu.... During that time, Michael and Marianne Toia have done a marvelous job remodeling their home,making a once eyesore property into one of the loveliest homes in the neighborhood. We have seen the transformation process and we have personal knowledge of the golf barn on the south side of their property. The golf barn is very tastefully constructed and blends with the Toia's home and all the other homes in the neighborhood. It is constructed of high quality materials and both the exterior and interior of the golf barn are esthetically appealing to anyone who views the structure. Michael and Marianne were very meticulous in planning and constructing their golf barn and were very conscientious in making sure that it would fit in with other structures in the neighborhood. Please feel free to contact us, if you have any further questions regarding this letter. Sincerely, Bill and Barbara Yates 46060 Burroweed Lane Palm Desert,CA 92260 (760)-346-6327 City of Palm Desert Building Permits Dept. 73-510 Fred Waring Dr Palm Desert, A. 92260 Jan. 11, 2008 RE: Michael Toia, Golf Cart Storage addtion, To Whom it may concern, One of the things I have enjoyed about this wonderful city of Palm .Desert and the way they have done so much to enhance the level of enjoyable living,Pr those of us that are lucky enough to live here, is their desire to have each individual do, what they can, to bring their property up to a beautafire level. Ifor one, think the Toia family has done a great deal, in the past Jew years, to do just that. The addition of the golf cart storage area has made it p� ssible to remove one more automobile from the street. I have no olio ection to the golf earl storage area, in fact I applaud their hard work Wish we had more people like the Thirty. Sincerely 7,,,z)v- ff >:///e , ,..__,/ Ai. T, Miller 7 495 Ironwood St Palm Desert, CA. 9226 '0 d Pik O;` / 3' 0 B ni` CAI 11/12/08 Mr. Kevin Swartz Assistant Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, Ca. 92260-2578 Dear Mr. Swartz; I would like to bring you up to date regarding our efforts to meet with Ms. Pride in hopes of developing some common area of agreement and settlement to our golf cart barn. We have taken the City Council recommendation to heart and have made a sincere effort to bring resolution to this issue. What follows is a chronology of what has transpired over the past 2 '/2 weeks: ❖ Friday 10/24/08 ■ You called me to advise that Ms. Pride will drop her complaint against our cart barn if we are willing to pay all of the expenses to remedy her two non-permitted exterior wall violations with the city. I advised you we would consider, but would first have to research the methods and costs associated. ❖ Friday 10/31/08 • My wife, Marianne, and I came to meet with you and Russell Grance, Director of Building and Safety, to discuss alternative lighter weight wall materials that I researched for use on the project. Russell Grance gave us a preliminary go ahead based on the product specifications. You agreed to set up a meeting for us to share this information with Ms. Pride. In addition to you, Ms. Pride, my wife and me, the meeting would also include Lauri Aylaian, Director of Community Development, and Russell Grance. The City Council suggested we fmd common ground and that... "both parties needed to work out a solution." We felt this would be a good venue to get started. We advised you that we 1 would make ourselves available every day of the following week beginning Monday, 11/3/08 through Friday, 11/7/08 with the single exception of Wednesday, 11/5/08, for which we had a long standing reservation. ❖ Monday 11/3/08 • You called me to say that you had spoken with Ms. Pride and she advised you that she was "...too busy to meet with us at anytime that entire week." You asked if she was out of town and she stated no, but she was too busy. • You suggested to her that she could at least put her terms for dropping the complaint in writing to us. She told you she would not do this and suggested that you convey her terms to us and that we should return them in letter form for her to approve. ❖ Tuesday 11/4/08 • We take the initiative to write a letter to Ms. Pride reiterating what we were told by you to be her terms and placed the letter on her front door with a copy to you. • We did not hear a response until 7PM Tuesday evening, when she left a message saying she wanted to meet the following morning, Wednesday, 11/5/08, knowing full well from your discussion with her previously that this was the only day we were not available. • We left a return message at approximately 8PM reminding her that as she was previously told, we were not available on Wednesday, 11/5/08, but could meet anytime Thursday or any other day. ❖ Wednesday 11/5/08 • At approximately 8:30AM, Ms. Pride called to advise that she knew Marianne was on the golf course for opening day and that "...it was a shame that golf was a higher priority than meeting together." • To defuse the situation I agreed to walk over the sample building material and specification and placed them on her porch since she would not answer the door. Kevin, it is quite obvious what she has attempted to orchestrate here. She knew for a week that Wednesday 11/5 was the only day we were not 2 available and then she proceeded to make a case about our lack of priority to this matter. Since I dropped off the info and sample to her on 11/5/08 we have heard absolutely nothing back. We felt we needed to get this information on record and in advance of next weeks meeting with the Planning Commission. Regards,(721e1-4144- / - Michael Toia Marianne Toia Cc: Lauri Aylaian Russell Grance 3 1/;5 The Dammeyer's 46-130 Burroweed Lane Palm Desert,California 92260 August 28°i,2008 City of Palm Desert Planning Commission Case No.08-261 Re: 46-020 Burroweed Lane Hand Delivered Good Morning, This letter is being written in support of a request for approval of a variance to construct a golf cart shed located within the required setback at 46-020 Burroweed Lane. I am neighbor of the Toia's-who own the property requesting the setback variance. When my wife and I purchased our home back in 2001,we also considered the property the Toia's now own at 46-020 Burroweed. We decided against even making an offer because of it's dilapidated and blighted condition. Since the Toia's purchased it,they have transformed what was truly unsightly—into a home that is"welcoming"to the whole neighborhood—as their home is the first thing you see as you enter our block. Back in 2001,there was a golf cart shed exactly where the proposed variance relates to—but at that time,it was simply an aluminum lean-to like"structure",with a rotted-wooden gate,both of which were obvious and unsightly from the road—it quite frankly looked terrible. The golf cart shed that the Toia's are requesting the variance for,not only looks good.but it's design makes it appear to be part of the original structure;and it blends well with the other homes on the street. Our block of Burroweed Lane is a bit unusual. It is comprised of a mix of detached single family homes,and attached single family homes/condominiums. When you drive up-and-down our dead-end street,there are twenty-nine structures visible from the road. Eighteen of those homes are attached to another structure, thus have shared lot-lines—the other eleven are stand-alone,detached structures. This translates into more than 60% of the neighborhood already having less than the standard setback to their neighbors. This particular setback variance request,in my opinion,will not adversely effect the next-door neighbor,or detract from the neighborhood,or it's value—but rather,I believe that this will enhance both the value and the appearance of the neighborhood. If you have any questions,please feel free to contact me. Respectfully, • Daran G. Dammeyer OCT-2-2008 10:36A FROM:BRADLEY MEDICAL PROD C949)644-0070 TO:17603414412 P.1/2 AO Rom 0)2A1AA- htv,y)62m_i F-cht- 7 9tir 4-,et NePA,Cd= V t e.,, °-" e e c !Qq cis' 4-0 42...E-- tAt f 2) u 0A-44244 al mothAdAUu 0-IA-U 7a,/ : 4-Le 11.-eiyft 1:1?A_O 1 tasj J KAr ft4,9 (0)01 v4L4--44 tAnnL-41-9-4-4 +i_e_ ;LLAt-FALA-4--ryt-t /I AALA-d- erpm 0 vein--b 469-k-0-1 r' , L Vz et,4c +(1a.) OCT-2-200B 10:37A FROM:BRADLEY MEDICAL PROD C949)644-0070 TO:17603414412 P.2'2 gio-dioLis Cmel v eiLd p„u4te.., liL4* tkkuudf240 L144.-CTOcrxia., act �-� %vt L (3_44- bo box) 4k4k- (4- ot--01-4ksa sak_ eso,h_e ivy til- 44-6-1'`jY1 =1-ef .10.A.JPtr-131- C-xre4;4-4• 9readft -1 b b`? 6) .n .R, C q-zbr) 114c October 1, 2008 Mayor and City Council City of Palm Desert &3510 Fred Waring Drive Palm Desert, Ca. 92260 Jean Benson— Mayor Robert Spiegel—Mayor Pro Tern • Richard Kelly—Councilmember • Cindy Finerty—Councilmember • Jim Ferguson—Councilmember RE: 10/9/2008, agenda item Michael and Marianne Toia(golf cart barn) We write in reference to an injustice to fellow homeowners and good neighbors. The small structure built adjacent to the garage on the Toia property is aesthetically pleasing to the eye, functional in its design and only enhances the value of the surrounding neighborhood property. We see no logical reason to alter or remove the present structure. The golf cart barn is consistent with numerous homes in the neighborhood. This perceived "problem" has been vetted by the Community Development Staff and has received favorable endorsements to the Planning Commision for a variance. Additionally, all members of the Architectural Review Committee have voted in support of the cart barn. Since 3/4 of the homes on Burroweed Lane have single 4 foot setbacks or even a zero setback, are we now all subject to litigation or reviews by various committees and commissions?Does this open the floodgates for the rest of the homeowners on this street to be subject to the same issue? What is fair and equitable for one should be for the whole. Please accept this letter in the spirit with which it is written. We write merely to shed light on an important subject to all residents of this neighborhood and to offer assistance to the governing body of our great city. Sincerely, Shawn and Karen Tatum 46250 Burroweed Lane Palm Desert, Ca. 92260 - Iø Mayor and City Council City of Palm Desert 73510 Fred Waring Drive Palm Desert, Ca. 92260 RE: Cart Barn Design and Approval/ 10/9/2008 agenda item for Michael and Marianne Toia(golf cart barn). Subject Property: 46020 Burroweed Lane, Palm Desert, Ca. 92260 Dear Mayor Benson and City Council It is my understanding that more time is necessary to review and approve the cart barn on subject property. For your consideration, I have noted some of the key points previously submitted to the proper departments for review and approval along with my personal observations: • The cart barn design blends well with the home and the surrounding community. • In March the Architectural Review Committee voted unanimously 4-0 in support of the cart barn. • The Community Development Staff report which was prepared for the Planning Commission hearing on September 2nd unanimously recommended that the Planning Commissioners approve the variance request based on 4 separate criteria. • The improvements made to the corner property which is the point of entry to our cul de sac street, have added beauty and value to the neighborhood. • I signed a petition in February to allow the removal of the previous CC&R's so that a cart barn could be built. Please allow the cart barn and close this matter as soon as possible. Sincerely: Charles A. Smith 46280 Burroweed Lane Palm Desert, CA 92260 Cc: Wilma Michelson— Council Secretary (7 0 From: michael ghidella . _ To: Mike Toia; cityhall@ci.palm-desert.ca.us Date: 9/11/2008 9:46:54 AM Subject: To the Mayor and all city council members, This is in regards to the cart barn of Mr. and Mrs. Toia. If the Archectuarl Review recommended to leave the cart barn and the Community development Staff recommended to the Planning Board that they it should be OK, I don't understand the problem, and why is somebody complaining now instead of when it was built, seems to me that somebody has an Axe to grind and found a way to do it. Mr and Mrs Toia have done a great job in improving the residence which is good for the neighborhood. Michael and Mary Ghidella 73670 Grapevine Street Palm Desert Ca Members of the Shadow Mountain Golf Club -at-./in.\ T R(1Q111CFR_AAAA_AA PO_A 0/11/71111X Original Message From:shered111@aol.com aol.com To:cityhall@ci.palm-desert.ca.us Sent:Tue,9 Sep 2008 11:53 am Subject: cart barn 46020 Burroweed,Lane,Palm Desert,ca. Mayor and City Council.Palm Desert.Ca. It seems this issue could have been resolved long before the council got involved. I understand it was recommended that the planning commission had approved a variance request by Mr Toia for his cart barn.The Architectural review committee supported his cart barn.Mr Toia has in my opinion,has greatly iimproved his property.It would be my opinion that if if his cart barn doesn:t encroach to the point of being a saftey factor or line of sight problem for his neighbor then the council should rule in favor of Mr Toia. Perhaps the council should also review the height of mr Toias neighbors block wall which may not conform to the city requirements Sincerely, Edward H.Tunison, Past President,Shadow Mt.Golf CIub —Original Message--- �'?� From: To: cityhall@ci,palm-desert.ca us Cc: mjtoia@earthlink.net Sent: 9/26/2008 10:49:16 AM Subject: RE:10/9/08 AGENDA ITEM FOR MICHAEL&MARIANNE TOIA(GOLF CART BARN) TO: JEAN BENSON, MAYOR PALM DESERT ROBERT SPIEGEL, MAYOR PRO TEM RICHARD KELLY, COUNCILMEMBER CINDY FINERTY, COUNCIL MEMBER JiM FERGUSON, COUNCILMEMBER CC: Wilma Michelson, Council Secretary RE: 10/09/08 AGENDA ITEM MICHAEL&MARIANNE TOIA, GOLF CART BARN Dear Mayor Benson, Council Members; Please accept this letter from Stan &Michelle Smith as a vote in support of the cart barn that is in question as to the legality of its placement by the Toia's. We have been next door neighbors to the Toia's for years now. We live on the corner of Burroweed and Ironwood Street and look directly at the Tole residence. The improvements made to the Toia's home since their purchase have been at the least to say"amazing". They have improved the aesthetic value of the home tremendously with there beautiful landscape and overall impeccable appearance. As their home is the point of entry to the Burroweed cul de sac, it has improved the neighborhood value more than I can say. With this said, we believe everyone's desire to make our Palm Desert neighborhood tidy and appealing is a goal at al/times. Please believe me when we say that the cart barn has absolutely no bearing on aesthetics to the neighborhood as it was done not only tastefully with the design of their home, but within city guidelines for such construction consistent with many homes on the street. This is, I'm sorry to say more of a determination by ONE disgruntled neighbor and not the views of the neighborhood as a whole as you may have seen with the petition that was signed by 95%of the neighbors supporting the structure. Lastly, I ask that you agree as the Architectural Review Committee did in March and vote unanimously in support of the cart barn. if you have any further questions,please feel free to call at any time. Most Sincerely, Stan &Michelle Smith 73526 Ironwood Street Palm Desert, CA. 92260 (760)346-4335 From: Pdxmatza@aol.com -q, t'� To: cityhall@ci.palm-desert.ca.us Date: 9/14/2008 8:50:42 PM Subject: To all City Council Members To: Jean Benson -Mayor Robert Spiegel -Mayor Pro Tern Richard Kelly -Council Member Cindy Finerty -Council Member Jim Ferguson -Council Member From: Richard and Judith Matza 46-415 Burroweed Ln. Palm Desert, CA 92260 cal ai u. 7358 SW Eton, Ct. Portland, OR 97225 phone: 503-318-3732 Copy to: Wilma Michelson -Council Secretary In reference to: In regards to 10-9-2008 Agenda item for Michael & Marianne Toia (golf cart barn) Dear Mayor and Council Members, We are a property owners/residents of Palm Desert, at 46-415 Burroweed Ln, and we have followed the events concerning the agenda item cited above. We are writing to you in support of the Toia cart barn. Over the past several years we have watched the Toias transition and improve their property from a non-descript rental house, to a very nice home for themselves and a nice property for our neighborhood. Specifically, the cart barn is an integral part of the property improvement. It replaces an unsightly gate and passage-way of past years. The cart barn was constructed more than two years ago and the entire neighborhood has complimented the Toias on their improvement, including the complaintant in this matter. In fact, it bewilders us why a complaint has arisen after such a long period of time between final construction and the time of complaint. The single complaining neighbor was surely aware of the building of the cart barn as she watched the construction and for two years she did nothing to object about the cart barn construction. We have attended one of the early Architectural Review Committee meetings in support of the Toia cart barn and gave previous testimony in favor of it. And now there has been a subsequent 4-0 vote in support of the structure by the committee. Further, the Community Development Staff report has recently unanimously recommended support of structure to the Planning Commissioners. We believe this matter should be decided in favor of the Toias retaining their cart barn, as it fits the style of their home and is consistent with the style of the neighborhood and other properties on our street. The vast majority of the neighbors(95%)have supported the Toias by means of a signed petition and we trust the Council will take this in consideration. Thank you for your kind attention to this testimony and please allow the Toias the variance to retain their cart barn. Richard and Judith Matza k0115 To: Palm Desert City Council Members: Jean Benson, Robert Spiegel, Richard Kelly, Cindy Finerty and Jim Ferguson Re: Agenda Item for Toia 10/9/08 (golf cart barn) CC: Wilma Michelson Dear Council Members, I have become aware that the issue of the Toia's golf cart barn is not resolved. This is the second letter I have sent regarding this matter. What seems perplexing is that this issue is up for discussion again after having approval of the Architectural Review Committee last March and again in the hearing on September 2. If the problem is that their neighbor still won't accept these decisions,then I can tell you that this is an issue with the personality of the neighbor. Originally the neighbor gave consent for the cart barn. I know of the points that have been made already in favor of the Toia's position and I ask that you rule on their behalf for the benefit of the neighborhood. I am writing on behalf of my mother who has lived across the street for years and through her I have had personal experience with this neighbor where the neighbor's requests have been unreasonable, irrational and quite upsetting to my mother. I have to be out of town for my daughter's wedding on 10/9,otherwise I would be there in person to say that from the beginning the Toia's have acted honorably, and in good faith have cared about the look and quality of the neighborhood as a whole. I don't see what will be gained by the removal of the cart barn,nor the harm in keeping it. I notice that many of the other homes in the area have minor violations and feel that the Toia's have been singled out by one complaining neighbor where the rest of the neighborhood is fine with their architecture. Please allow the Toia's to keep their beautiful upgraded addition without further discourse. Sincerely, Deborah Bradstreet White 30 Vistara Dr. Rancho Mirage, CA 760-346-4466 For Lois Bradstreet 46055 Burroweed Ln Palm Desert, CA To Honorable Mayor and City Council Members, Palm Desert California Jean Benson — Mayor Robert Spiegel — Mayor Pro Tern Richard Kelly — Councilmember Cindy Finerty — Councilmember Jim Ferguson — Councilmember This letter is in regard to the application by Mike and Marianne Toia for a variance to allow them to keep their cart barn on Burroweed Ln. It is on your agenda for the meeting of October 9, 2008. I am a neighbor of both the Toia's and Ms Pride ( the neighbor who is opposing the variance). I have followed this situation from its inception. Many hard words have gone back and forth between them and that is unfortunate. I attended the Planning Commission meeting on September 2, 2008. In that meeting the Commission deadlocked on the variance 2-2 even though staff had supported it. It appeared to me that the concerns of the commissioners that voted no were in two areas. The first was violation of the setback. It happens that this block was built in the early 70's and there is no standard setback. i have enclosed 4 pictures of typical setbacks on Burroweed Ln. The first shows the applicant's set back as it is now at 4' between 46-020 and 46-040. It originally was at 4' on each lot. The second picture shows the other side of Ms. Pride's home, as you can see there is zero set back. The other two pictures show a single four foot setback and a double four foot set back. The four pictures are typical of the whole block. No standard setback, so to grant the variance with a single four foot setback would not violate the design of the neighborhood. The second problem the commission had was with the construction of the structure without permits and inspections. This is a stickier problem. The commission felt that they didn't have the authority to grant a permit after the fact. So it falls on your shoulders to come up with a decision worthy of Solomon. How do you keep both parties happy. Unfortunately you can't cut the garage in half. My suggestion is to allow the Toia's to keep their cart barn but to go through the entire permit process. I don't know that this answers all of Ms Pride's complaints but the design of the cart barn enhances the neighborhood and property values and that should offset her loss of the eight foot separation of the two properties. Conrad Kauble 46080 Burroweed Ln Palm Desert, Ca 760-568-5642 > Mayor and City Council >City of Palm Desert ri j > 73510 Fred Waring Drive I >Palm Desert, Ca. 92260 >Jean Benson a€"Mayor >Robert Spiegel a€" Mayor Pro Tem >Richard Kelly a€" Councilmember >Cindy Finerty a€" Councilmember >Jim Ferguson a€" Councilmember > Cc: Wilma Michelson a€" Council Secretary >Re: City of Palm Desert Legal Notice Case No.Var 08-261 > We are writing to you today in regards to the City of Palm Desert Legal >Notice Case No. Var 08-261 that we received in the mail which asks the >City Council to consider a request by Michael and Marianne Toia for >approval to construct a golf cart shed located within the required > setback located at 46020 Burroweed Lane. We are the trustees of the >Living Trust which owns 46060 Burroweed Lane, two doors down from the >Toia residence. Since we are still in Washington and unable to attend >the public hearing on the 9th of October, we are writing to urge the >city of Palm Desert to approve the variance for the Toiaa€TMs golf cart >shed. The Toiaa€TMs have done an outstanding job of increasing the curb >appeal of their home in the past several years and the cart shed blends >well with their house and the overall neighborhood. We feel the >improvements they have made have greatly added >value to our >neighborhood. The cart shed being built to the property line looks good >and is not inconsistent with many of the other homes on our street, >which are currently built right to the property lines. The overall >consensus of the neighbors we have talked to last May about the golf >shed is definitely in favor of golf shed as it exists. Beyond the > favorable support of the majority of the neighbors, in March the >Architectural Review Committee voted unanimously 4-0 in support of the >cart barn. In addition,the Community Development Staff report which >was prepared for the Planning Commission hearing on September 2nd >unanimously recommended that the Planning Commissioners approve the >variance request based on 4 separate criteria. In closing,we want to >thank you for taking the time to read our letter and once again > strongly urge you to vote in favor of variance 08-261. > William and Barbara Yates >Trustees of the Yates Family Trust dtd 1 Dec05 • z e,68 -yr uiu d,— 9� ,e04.7 0 gid,,,ja,,z,z_ acte,La.4.)-ezl, aQ4r% - 4441,a4,z,)z_e____ �-j4 -2 2 a- -- 'bpi/at, 92 z/ d Original Message `tbfi From: To: cityhall@ci.palm-desert.caus;mjtoia@earthlink.netbfipc@msn.com Sent: 9/9/2008 6:51:44 PM Subject: Fwd: 10/9/08 agenda item for Michael and Marianne Toia (golf cart barn) ATTN: Wilma Michelson -Council Secretary, ref: In regards to 10/9/08 agenda item for Michael and Marianne Toia(golf cart barn) Original Message---- From: patriciacahan©aol.com To: cityhall@ci.palm-desert.ca.us Sent: Tue, 9 Sep 2008 6:46 pm Subject: 10/9/08 agenda item for Michael and Marianne Toia (golf cart barn) To: Council Members-Jean Benson-Mayor Robert Spiegel-Mayor Pro Tern Richard Kelly -Councilmember Cindy Finerty -Councilmember Jim Ferguson -Councilmember We would like to express our 100% support in favor of the Toia's Golf Cart Barn. Over the past several years Mike and Marianne have done a first class job of up-grading their entire residence and surrounding area. As recent past President of Shadow Mountain Golf Club I was very impressed with the positive impact of the improvements that not only increased the visual impact of their home, it also helped the impact on our golf course. They have been nothing but a positive force in our neighborhood. Sincerely, Mike and Patti Cahan cc: Wilma Michelson, Council Secretary Ref: In regards to 10/9/08 agenda item for Michael and Marianne Toia (golf cart barn) Looking for spoilers and reviews on the new TV season? Get AOL's ultimate guide to fall TV. Looking for spoilers and reviews on the new TV season? Get AOL's ultimate guide to fall TV. -----Original Message From: Bob and Linda Whalen To: cityhall@ci.palm-desert,ca.us Cc: mnmtgia@earthlink.net Sent: 9/22/08 8:28:28 AM Subject: In regards to 10/9/2008 agenda item for Michael and Marianne Toia (golf cart barn) September 22, 2008 To: Jean Benson -Mayor Robert Spiegel - Mayor Pro Tern Richard Kelly-Councilmember Cindy Finerty -Councilmember Jim Ferguson -Councilmember cc: Wilma Michelson -Council Secretary Council Members, This letter is to voice our support for Michael and Marianne Toia in their upcoming meeting at the Council Chamber on October 9th. Michael and Marianne maintain a beautiful corner house that we believe is an asset to the community. It reflects the neighborhoods pride of ownership and has helped to increase property values in the area. Their house fits in well with the other houses and the elimination of their golf cart structure would damage the continuity of the property. We would like to add our names to the 95% of their neighbors that have signed a petition in favor of the structure. We also agree with the Architectural Review Committees' unanimous vote in support of their golf cart barn. Regretfully we will be unable to attend the October 9th hearing but if we can provide support on Michael and Marianne's behalf in any other way, please do not hesitate to contact us. Bob and Linda Whalen 45654 Verba Santa Drive Palm Desert, CA 92260 760-346-5323 b(95-0' --Original Message From:Judy caston To: cityhall@ci.pam-desert.ca,us Cc: mnm@earthlink.net Sent: Sunday,September 21, 2008 1:46 PM Subject: 10/09/2008 adgenda,Toia golf cart barn TO: Jean Benson, Robert Spiegel, Richard Kelly, Cindy Finerty,Jim Ferguson cc.Wilma Michelson RE: 10/09/08 Adgenda,Mike&Marianne Toia's golf cart barn I own the home directly across the street from Mike and Marianne Toia,at 46055 Burroweed Lane. I understand they are still requesting approval for their golf cart barn. I absolutely support their request,and, as my property directly faces the barn, feel it enhances the street and improves the entrance into our neighborhood. Judith Bradstreet Caston 626 Peet Place Escondido, CA 92025 (760)735-8353 41I�5 --Original Message— From: James Nelson To: cityhall@ci.palm-desert.ca.us Cc: mnmtoia@earthlink.net Sent:9/26/08 9:14:41 AM Subject: Toia golf cart barn To Mayor Benson and all members of Palm Desert City Council We are in complete support of of the Toia golf cart barn.They have added beauty to our street with their upgrades and additions. The golf cart barn blends in with the the neighborhood and SHOULD be allowed to reman as is. The matter is on the 10/9/08 agenda. Barbara and Jim Nelson 46445 Burroweed Lane Palm Desert, CA 92260 bonjhn©earthlink.net kibb5 ---Original Message From: Kelly Gelhaus To: cityhall@ci.palm-desert.ca.us Sent: 10/1/08 6:46:21 AM Subject: RE: Cart Barn Design and Approval/ 10/9/2008 agenda item for Michael and Marianne Toia (golf cart barn). Subject Property: 46020 Burroweed Lane, Palm Desert, Ca. 92260 Dear.Mayor Benson and City Council It is my understanding that more time is necessary to review and approve the cart barn on subject property. I have lived in the area for the past three years part time. One of our favorite things to do in the evenings is take the dogs and go for a golf cart ride around the neighborhood. If we saw something that looked out of place, we would be writing you a letter about that issue! For your consideration, I have noted some of the key points previously submitted to the proper departments for review and approval along with my personal observations: • The cart barn design blends well with the home and the surrounding community. • In March the Architectural Review Committee voted unanimously 4-0 in support of the cart barn. • The Community Development Staff report which was prepared for the Planning Commission hearing on September 2nd unanimously recommended that the Planning Commissioners approve the variance request based on 4 separate criteria. • The improvements made to the corner property which is the point of entry to our cul de sac street, have added beauty and value to the neighborhood. Please allow the cart barn and close this matter as soon as possible. Sincerely: Kelly Gelhaus 73354 Grapevine Lane Palm Desert, CA 92260 Thank you. Kelly Gelhaus 951-45 3-21 80 1\0 From: Bill To: cityhall@ci.palm-desert.ca.us Cc: mnmtoia@earthlink.net Date: 9/12/2008 3:55:37 PM Subject: 10/9/08 agenda item for Michael Toia re: Golf Cart Storage We are neighbors of the Toia's. The addition to their home(cart storage) blends well with their home, property and the entire neighborhood. I know that the Toia's have done everything possible to satisfy the complaints of their neighbor. The whole issue has become a vendetta against the Toia's and totally unreasonable. The cart storage has zero impact on the neighbors property. The neighbor was aware of the addition and then when it is completed, they complain. Hopefully the City of Palm Desert will rule in favor of the Toia's and put an end to this"total waste of time and energy"for all concerned. If you have further questions you can call me at 206 310 9276. Thank you. Bill Heimkes 73611-A Golf Course Lane Palm Desert Ca 92260 Copies to: Jean Benson Mayor Robert Spiegel Mayor Pro Tem Richard Kelly Council Member Cindy Finerty Council Member Jim Ferguson Council Member Wilma Michelson Council Secretary ci/ From: Bob Hoffman. To: Palm.Desert City Hall Date: 10/1/2008 4:43:13 PM Subject: Oct. 9, 2008 agenda item for Michael and Marianne Toia To: Palm Desert Mayor Jean Benson Robert Spiegel - Mayor Pro Tern Richard Kelly - Councilmember Cindy Finerty - Councilmember Jim Ferguson - Councilmember Copy - Wilma Michelson - Council Secretary Re: Oct. 9, 2008 Agenda Item for Michael and Marianne Toia Dear Councilmembers It has come to our attention that the protracted issue of Michael and Marianne Toia's golf cart barn must now come before the city council. We would like to lend our support to the Toia's efforts to settle this matter that was already unanimously supported by the Architectural Review Committee and the Community Development staff. We have visited with the Toias on a number of occasions since the cart barn was installed. Mr. Toia was very pleased how well it blended into the general appearance of the house and the neighborhood, and was proud to show us how nice it looks I understand that it was built to the property line which is consistent with many other houses in the neighborhood. As members of Shadow Mountain Golf Club, we know that the appearance of their house on the corner of Burroweed Lane stands out on that street. They have made many improvements to their landscaping that make a very inviting appearance to their home. We would like to voice out support for the Toia's project and hope you can see your way to granting your approval. Sincerely, Robert and Betty Hoffman 76369 Via Chianti Indian Wells, CA 92210 760-345-9978 7,I/ From: Robert To: cityhall@cipalm-desertca.us Cc: MNMTOIA@EARTHLINK.NET Date: 9/30/2008 2:46:52 PM Subject: TO: ALLCOUNCIL MEMBERS JEAN BENSON , RICHARD KELLY , CINDY FINERTY AND JIM FERGUSON AND ROBERT SPIEGEL MY WIFE AND I LIVED ON SHADOW MOUNTAIN GOLF COURSE SINCE 1996 AND ACROSS THE FAIRWAY FROM THE TOIAS WE HAVE BEEN WELL AWARE OF THE QUALITY IMPROVEMENTS THEY HAVE MADE TO THEIR PROPERTY THEY HAVE ADDED BEAUTY AND VALUE TO THE NEIGHHOOD WE ARE IN FULL SUPPORT OF THE TOIAS IN THEIR DISPUTE WITH THE ADJOINING PROPERTY THANK YOU FOR YOUR CONSIDERATION WE ARE ROBERT AND SYNOVE WILCOX AND NOW LIVE AT 12927 CAMINITO BODEGA , DEL MAR CA. 92014 PHONE 858 755 2720 2215 From: ken furst To: cityhall@ci.palm-desert.ca.us Cc: mnmtoia@earthlink.net Date: 9/13/2008 5:59:44 PM Subject: 10/09/08 agenda Michael and Marianne Toia(cart barn) 09/13/08 To all Palm Desert Council Members: Jean Benson Robert Spiegel Richard Kelly Cindy Finerty Jim Ferguson Wilma Michelson I am writing this letter to express our support of the Toia family in regards to what I consider. a very petty neighbor dispute. The cart barn in question has been approved by all the city departments involved in this matter, which in my opinion, is enough for me to support the Toias. We have lived on Burroweed Lane for 38 years. This is the first problem I can recall. The Toias have made many improvements to not only their property, but also on city property, for which they should be commended. Sincerely, Kenneth and Maggi Furst 46185 Burroweed Ln. Palm Desert, Ca. 92260 (760) 346-4596 We tit0 From: Nancy Stephens To: mnmtoia@earthlink.net Date: 10/3/2008 9:17:52 AM Subject: Agenda Item for Michael Toia, (golf cart shed) 10/09/08 Jean Benson, Robert Spiegel, Richard Kelly, Cindy Finerty, and Jim Ferguson, Re: October 9, 2008 Council Meeting: Michael Toia/Golf Cart Shed Ladies and Gentlemen of the Palm Desert City Council, We are writing today in reference to our neighbors, Michael and Marianne Toia's, golf cart shed that is to be a topic at the the October 9, 2008 Council Meeting. My wife and I have been winter residents to Palm Desert since December 2000. Prior to purchasing our home on Grapevine Street, we looked at the house on Burroweed Lane when it was on the market in 2000. We decided it needed too much work and since we are part time residents, passed on purchasing that house. We have watched the progress on the Toia house since they purchased it and are very pleased with the progress the owner's, Michael and Marianne Toia, have made repairing and updating the house and property. The addition of the golf cart garage was a huge improvement to the property and the neighborhood. Prior to it's installation a very unsightly carport, with a shabby metal roof and all of it's contents visible to all, stood. Since the Architectural Committee voted in March in support of the golf cart garage,we urge you to uphold this decision and let the golf cart garage remain. Sincerely, Dona and Nancy Stephens 73-630 Grapevine Street Palm Desert, CA. 92260 206-972-2107 file://C:\Documents and Settings\Owner\Local Settines\Temp\ELP764.tmp 10/3/2008 Page 1 of 1 From: livinlazy@aol.com To: cityhall@cipalmesert.ca.us; mnmtoia@earthlink.net Date: 10/2/2008 12:31:03 PM Subject: Mr.& Mrs. Mike Toia Cart Barn Mayor& City Council,Jean Benson Mayor Robert SpiegelMayor Pro Tern Richard Kelly Council Cindy Finerty Council Jim Ferguson Council Re: Toia Cart STorage building at 46020 Burroweed Lane, Palm Desert Ca. I would like to express my concern, about the complaintnow being make by the next door neighbor.Two years after she had given her concent.for them to remodei.It is all redicules as the addition has done nothing but enhance the rneighborhood.. The Toias bought a house that was badly in need of repair and make a lovely House and Yard that any neighbor would be proud to have next door.. Please do not let a injustes like this prevail, Let the Toia"s enjoy thier home, and Cart Barn Thank You for your time, Keith Hobson,Nellie Hobson P.O. Box 123 Anaconda Mt. ( Summers) 406-563-2997 file•//C::\Documents and Settings\Owner\Local Settinms\Temp\79DD95CC-26CF-48B6-9A... 10/2/2008 1S5 September 30,2008 To: Jean Benson-Mayor;Robert Spiegel-Mayor Pro Tern;Richard Kelly-Councilmember Cindy Finerty-Councilmember; Jim Ferguson-Councilmember Subject: Addition of"Golf Cart Barn" 46-020 Burroweed Lane From: Franz and Kathleen Tine Dear Council Members: My wife Kathleen and I have lived at the end of Burroweed Lane for 30+ years. From time to time these zero lot line homes have experienced minor changes and generally are kept in good shape maintenance wise and strive for"curb appeal." We believe the addition of the"Golf Cart Barn"attached to the Owner's garage is in keeping with other positive neighborhood changes that have taken place over the years because: 1. In a small way it enhances the exterior appearance of the residence particularly when compared to areas left vacant between homes. (Replaced unsightly wooden gates.) 2. It does not block any views and is nearly invisible. 3. It is in architectural conformity with the existing neighborhood. As well as adding the"Golf Cart Barn"'the owners,Michael and Marianne Toia, have done an excellent job of painting and improving their home. We have enjoyed watching the transfoiination of a"ho hum"house to one highlighted with new walls,fencing and desert landscaping that welcomes visitors to Burroweed Lane. We salute them while respectfully requesting your approval of the"Golf Cart Barn" addition. Attached are some photos which help to substantiate our beliefs and opinions concerning this subject matter. Sincer ly, Franz Tine and thleen`iirre 46-333 Burroweed Lane ----Original Message From: /� To: cityhall@ci.palm-desert. 26 ca.us 3y Cc: mnrntoia@earthlink.net Sent: 9/22/08 2:19:30 PM Subject: In regards to 10-9-8 Agenda for City Council -Toia cart-barn To: Jean Benson -Mayor Robert Spiegel-Mayor Pro Tern Richard Kelly -Council Member Cindy Finerty-Council Member Jim Ferguson -Council Member Email to: Wilma Michelson, Secretary for the City Council - cityhallci.patm-desert.ca.us From: Sherma Wenner 46-375 Ryway Place#3 Palm Desert, CA 92260 760-340-4035 Date: Sept. 22, 2008 In reference to: In regards to 10-9-2008 Agenda item for Michael & Marianne Toia (golf cart barn) Dear Mayor and City Council, I am responding to the upcoming October 9th, 2008, council meeting regarding the agenda item for the Toia Golf-cart Barn. I am in support of the Toia cart-barn. When people purchase property in an older neighborhood and proceed to make much needed improvements, I can?t understand why this project is being questioned. I live near the property in question and I have seen the Toias improve their property over the last several years. The cart-barn fits in with the neighborhood, it upgrades the neighborhood and looks great. The vast majority of the neighbors and the adjoining golf club members fully support the Toia golf-cart barn. I strongly recommend your approval of this project. Sincerely yours, Sherma Wenner Looking for simple solutions to your real-life financial challenges? Check out WalletPop for the latest news and information,tips and calculators. Forwarded Message: From: vanoordt@comcast.net Zi To: cityhall ci.palm-desert.ca.us 3 Cc: Wilma Michelson-Council Secretary Subject: 10/9/08 Agenda item for Michael and MarianneToia(Golf Cart Barn) Date: Tue, 30 Sep 2008 03:00:17 +0000 > City Council Members: Jean Benson, Robert Spiegel, Richard Kelly, Cindy >Finerty, Jim Ferguson >We are Jack and Camille Oordt and we live at 73611"C" Golf Course Lane >Palm Desert. Our home is only one block east of Burroweed and Ironwood Streets >so we drive by the Toia's home almost everyday. We have enjoyed seeing the >updated improvements on their property. They have added value to our home as >well as the entire neighborhood. > We are also members of the Shadow Mountain Golf Club and live on the 2nd > fairway. We play golf frequently and pass the Toia's backyard on the 3rd >fairway. Their backyard also shows how well they have improved the look from >the golf course. > Their cart barn is designed so well it looks like it is a part of their original >home. We were dismayed to find out that after the Architectural Review >Committee voted 4-o in support of the cart barn,the Toia's are still facing > approval by the city council members. >They are valued neighbors and we have appreciated all their hard work and >expense that is associated with the improvements on their home and the overall >look of the neighborhood. Therefore, we write this E-mail in support of the >approval of the Toia's cart barn by the city council members. > Sincerely, >Jack and Camille Oordt > 73611 "C" Golf Course Lane >Palm Desert, Ca. > 760-340-6031 ---Original Message---- From: Innkeeper Heritage House es/0 To: cityhail_a@ci.pam-desert.ca.us Sent:Sunday, September 28, 2008 4:15 PM Subject: Michael and Marianne Toia TO: Jean Benson Mayor Robert Spiegal Mayor Pro Tern Richard Kelly Council Member Cindy Finerty Council Member Jim Fergeson Council Member Dear Sirs: This letter is in regards to the Toias—Michael and Marianne our neighbors in Palm Desert. Michael and Marianne have a golf barn that seems to be the topic of discussion for your October 9th meeting. We understand that their golf barn which was approved 4-0 by the Architectual Review Committee and that their neighbor(who is protesting this structure) gave a verbal consent for the building of the golf cart barn...I don't know if you have any idea how hard Michael and Marianne have worked on their property to have it blend in with the rest of our community and that this hard work has only added to the value of their property as well as the rest of us who take pride of ownership...There has been a petition supporting this golf cart barn and 95% of the neighbors signed it. The neighbor who is protesting this golf cart barn still has a 4 foot set back on her side of the common wall.... In closing we do so hope that this matter can be settled in favor of the Toias. Sincerely Patty and Gary Tompkins cc: Wilma Michaelson Council Secretary Ref 10/09/2008 agenda item (golf cart barn) > [Original Message] >From: Gregory Andonian <gsandonian @ earthlink.net> 2oil�y > To: <cityhall@ci.palm-desert.ca.us> [ > Cc: <mnmtoia@earthlink.net> >Date: 9/28/08 8:01:52 PM > Subject: Wilma Michelson - 10/9/2008 agenda item Toia golf cart barn > Dear City council members: Jean Benson, Robert Spiegel, Richard >Kelly, Cindy Finerty, Jim Ferguson, >I am writing in support of Michael and Marianne Toia concerning the > issue of their golf cart barn. My wife and I have a home in Shadow >Mt. at 46 200 Cottage Ln. > Our home is located across from the Toia's and we also play golf and >view the Toia's home when we are on the 3rd green which is directly >opposite their home. >Having viewed the cart barn and the neighbors home from both the > street and the golf course I would like to make the following >observations: > 1. The cart barn blends is very well with the Toia's home if fact >you hardly are aware of it. > 2. Most of the homes on Burroweed have no set backs, all of the >homes are very close together and some have zero set backs so this >does not look >out of place. > 3. The Toia's home is very well kept and is one of the best looking > on the street. >4. I do not know of any of our neighbors who have any objection to >this cart barn and in fact I do not think most of us even noticed it > until this came up. >Thank you for your consideration. Maryanne and Michael Toia are very >fine people whom I know are upset that their neighbor even brought >this up.I hope >you will settle this dispute in their favor. > Sincerely >Greg and Sharen Andonian 77°1," Dear Mayor and City Council, I am responding to the up-coming October 9th council meeting regarding the agenda item for Michael and Marianne Toia(golf cart barn.) This seems to be a frivolous waste of everyone's time. When individuals purchase property in an older neighborhood and proceed to make much needed improvements,through proper channels, I can't understand why this project is being questioned so. We drive by this corner property several times almost every day. Rarely do we not make a comment about how well done their improvements are. It fits in well with the upgrades others have made on the street and makes a good first impression to the neighborhood. They have nearly full support of neighbors and members of the Shadow Mountain Golf Club. We highly recommend your full approval of this project and set it aside once and for all. Sincerely, /1,a/ G y N. Gri Wilma F. Grill 46-375 Ryway Place# 7 Palm Desert, CA 92260 503-780-0944 CC: Jean Benson- Mayor Robert Spiegel- Mayor Pro Tern Richard Kelly- Council Member Cindy Finerty- Council Member Jim Ferguson- Council Member Wilma Michelson- Council Secretary Michael and Marianne Toia- Homeowners l David H. Clark September 18, 2008 Mayor and City Council CITY OF PALM DESERT 73510 Fred Waring Drive Palm Desert, CA 92260 RE: 10/9/2008 Agenda Item/Michael and Marianne Toia golf cart barn Dear Honorable Mayor and City Council members: My family owns the home at 46340 Burroweed Lane and I am writing to express our support for allowing the Toia's golf cart barn to remain as constructed and urge you to support it too. The cart barn blends in so well aesthetically that I am embarrassed to admit I didn't even know it was there until its existence became an issue earlier this year, at which time we showed our support by joining 11 of our neighbors and signing the Cancellation and Amendment of the C,C &R's, which were recorded against the tract. You should be aware that 12 of the 13 homeowners in the tract signed Cancellation IN support of the cart barn. The reason I say that I was embarrassed for not noticing it is because I have been visiting Burroweed Lane since the 1960's when my grandmother purchased the house new and my not noticing the cart barn is a testament to how well it blends in. The house remains in our family and although not full time residents we visit often. The Toia's have done a wonderful job improving their home making the entry to Burroweed Lane look as good as it ever has. I appreciate your consideration of my family's opinion on this matter and hope that you will take appropriate action allowing the cart barn to remain. Sincerely, 4) Nel vid H. Clark CC: Wilma Michelson—Council Secretary 432 Aliso Avenue,Newport Beach,California 92663 Ph(949)515-4000 Fax(949)515-4080 From: Don Melvin To: cityhall@ci.palm-desert.ca.us 3210 Date: 9/14/2008 5:30:29 PM Subject: 10/9/08 agenda item - TOIA cart barn CITY OF PALM DESERT CITY COUNCIL: JEAN BENSON, ROBERT SPIEGEL, RICHARD KELLY, CINDY FENERTY, JIM FERGUSON We are writing to voice our support for approving the cart barn structure at the Toia residence, corner of Ironwood and Burroweed, Palm Desert. These people have made a showplace of their property entering the cul de sac street, adding beauty, value, and class to the neighborhood. Each improvement has been done with care and workman- ship, and the cart barn is no exception! It blends perfectly with the property exterior, it is a vast improvement over the lean-to it replaced, and is an asset to the surrounding residences. We ask your support for this endeavor. Respectfully, Don &Vickie Melvin, 46-310 Golden Rod Lane, Palm Desert, CA 92260 Phone:760/346-9554. cc:Wilma Michelson -Council Secretary Michael & Marianne Toia 1)1)16 From: DLP57CHEV@aol.com To: cityhall@ci.palm-desert.ca.us Date: 9/10/2008 4:26:42 PM Subject: 10/9/2008 agenda item for Michael and Marianne Toia Re:Golf Cart Barn We are close neighbors of Mike & Marianne, our address is 46-190 Burroweed Ln., we have been to their house several times these past years and we have watched them transform a run-down eyesore property into one of the nicest in our neighborhood, also we have not heard one complaint except from the neighbor next door to the south of the Toia's about the cart barn, in fact 95% of our neighborhood signed a petition supporting the issue of the cart barn in February of 2008 we also attended a meeting at City Hall on this matter last winter and spoke in favor of the cart barn because in fits in with the entire neighborhood and fits in with the design of the Toia's house. The fact's are the neighbor making this complaint is conducting a vendetta that has gone on for the last couple of years. More than a few people know that the neighbor gave Mr. Toia permission to build the cart barn to the common wall. There are several houses on the block that have the same feature of garages that are built to the common wall and or property line and it was only after the neighbor had a personal falling out with the Toia's that she filed the complaint. The fact remains is over 50% of the homes in our neighborhood have zero setback on one side or both sides of common wall or property line. Driving by the Toia's after the cart barn was built to the property line you can see that there is still a 4 foot setback on the complaining neighbor's side of the common wall,the Toia's cart barn looks like it was built as a part of the original house! Please except this E-mail as our continued support for Michael and Marianne Toia and their Cart Barn Project and we would be at your meeting but we are in Edmonds, Washington where we live for several months, we will be back to our Burroweed home in late October. Thank you, Donald and Jeanne Puckett 46-190 Burroweed Ln Palm Desert, Ca. 92260 760 837 1982 Washington Address: 821 Brookmere Dr Edmonds Wa. 98020 425 775 6218 206 948 7118 Cell COPIES TO: Jean Benson-Mayor Robert Spiegel-Mayor Pro Tern Richard Kelly-Councilmember Cindy Finerty- " " Jim Ferguson- """ Wilma Michelson-Council Secretary . t10 ... „CCL4k.,1/4.) Lin.)1,),\J__ IPAA : .1,-,..4_)` ...._ „It" J., ,, ,....,y,.v.......,v, . ,67.-0 1- , sb4t..1-- „t-le.' 4/ Z Ai s, (0 ar,_ 3 II/ 'f)U-f3a-SI-Ya- ( u- "41-44.44- j•,.., p-..vv' CL., fiC24- 1114-4-617-4> 0 ;64,4--e-eLit'' -tit-,L4/ 71:1YiALTZ ) :411 I 91 0 G.ivi- 1142,Z a-kit, ti_i,vt., ,,<L2,3r-r(2,k, ;bi-" a 2.--• al...&,,,,L) et_-= cioruzi1.4-41..A..,e, .-A.2,;(1, (4Alf- , a 7 I . I, tkia-Li, ,44,—t-z-iis; ,z4L-L-, to— TOLL) ,A,k2-41. i 1 1 7 1; ..liri-iu?„, 4-'. icitH I c0 i ' iV--1'' ' • ' Jv ,4, .., , J .,„ ., 4 ... --444...,-, /71.4.4.4,kti24,144-, el f` - -'' ' I •. -3/C' ,ittitiLetzt,,,,,,,,r1 Al f•-;.1...iv.J Oir,a4/4-,. ) eok), 74 t c.;> -- ----- - _ 5(35 Mayor Jean Benson, And members of city of Palm Desert Sept. 15, 2008 73510 Fred Waring Drive Palm Desert, Ca. 92260 RE: M. Toia Golf cart Barn, Dear Mayor Benson, It is normally a difficult job to get people to add beauty to the area, and when it occurs, it should be applauded, and not met with resistance. In this case the Toias have done their best to add a nice landscaped area, and build a tasteful and beautifying golf cart barn. Why anyone would be upset about such a nice addition I cannot say, but they must be doing it for an unknown reason. I have been a neighbor of the Toias for a number of years now and have found them to be more than considerate, helpful, and knowledgeable, of how to tastefully add to their property. Please do all that you can to see that it stays.....THANK YOU... Ve \ ly Murrell T. Miller 73-495 Ironwood St. Palm Desert, Ca. 92260 Cc Robert Spiegel-Mayor Pro Tem Richard Kelly- Councilmember Cindy Finerty- Councilmember Jim Ferguson- Counctlmember 5-22-08 Mr. Kevin Swartz Planner Community Development City of Palm Desert 73-510 Fred Waring Drive Palm Desert, Ca. 92260 Dear Mr. Swartz, I would like to update you regarding the issues addressed in my extension request letter to you dated 5-1-08 (Attachment 1). Rather than to file the complaints on 5-1-08 as indicated in my above referenced letter, our attorney, Mr. Robert W. Stewart,Jr. instead contacted Ms. Pride in a letter dated 5-8-08 (Attachment 2). In this letter he attempted once again to remedy the issues in an amicable, cost effective and expedient manner. I've enclosed a copy of Ms. Prides response to Mr. Stewart dated 5-21-08 (Attachment 3) as well the letter she has referenced as being previously sent to Mr. David J. Erwin and the Palm Desert Planning Dept. on 3-21-08 (Attachment 4). Obviously, Ms. Pride is not interested in withdrawing her complaint. I am also enclosing a letter written by Ms. Pride,which was sent much earlier to the same neighbors that had originally signed our petition in favor of the aesthetics of the cart barn (Attachment 5). I'm somewhat confused with the two comments she makes in this letter( " red circled " ) as they both clearly indicate she only wants to make this "Illegal Structure Legal". Based on the foregoing developments, I plan to immediately lodge complaints regarding the two previously addressed code violations on Ms. Pride's property. Additionally,I will contract to have our lot surveyed in order to establish the exact property line so as to determine the precise reference point from which to be granted the set-back variance that was previously discussed. I will continue to keep you abreast of developments as they occur. Regards, Michael J. Toia cc: Ms. Lauri Aylaian Mr. David J. Erwin Mr. Russell Grance Mr. Robert W. Stewart Mr. Richard S. Kelly 5/1/08 Mr. Kevin Swartz Planner-Community Development City of Palm Desert 73-510 Fred Waring Drive Palm Desert, Ca. 92260 Dear Mr. Swartz, In concurrence with our telephone conversation of yesterday, I am requesting an extension on my application to meet before the planning commission and any other documentation necessary for said event. As you are aware my attorney has contacted Ms. Pride in an effort to have her withdraw her complaint. Additionally, today I will file the documents we discussed regarding non-permitted projects on Ms. Prides property. We remain hopeful, that upon her review of the potential outcome to everyone, she will ultimately agree to all parties withdrawing their respective complaints. I can assure you that I intend to work through this process as quickly as possible. I sincerely appreciate your cooperation to an extension. I will keep you advised of our progress and please feel free to contact me directly by phone as you see necessary. Regards, Tr Michael J. Toia cc: Lauri Aylaian Robert W. Stewart Jr. ✓ Robert W.Stewart, Ir. 2. A Law Corporation 73-350 El Paseo, Suite 203 Palm Desert, California 92260 f' t 760/346-7427 - FAX 760/346-6110 RORERT W.STEWART,JR. May 8, 2008 Ms. Suzanne Pride 46040 Burroweed Lane Palm Desert, California 92260 Dear Ms.Pride: In our initial telephone conversation of last week I was somewhat encouraged to hear that your primary concern regarding the neighboring cartbarn was to assure that it would not adversely affect the title and ultimate value of your home. It is my opinion that the title issue could be addressed quickly and to your satisfaction and resultant withdrawal of your complaint. Once your complaint is withdrawn, the City has advised the Toia's that they will forego the need to appear before the Planning Commission with a property survey, thus allowing them to move immediately through the permit process. In your return call to me it appears you have moved back to your initial position of wanting to see .this matter appear before the Planning Commission. This will only draw out the process and will assuredly become costly to all parties. As you witnessed in the second of the Architectural Review Board meetings, Mr. and Mrs. Toia made note of your non-permitted gazebo as well as the non-permitted height extension of your eastern facing block wall which is on the golf course. Based on your most recent position, the Toia's have advised me of their intentions to file complaints with the City regarding these two apparent violations. This complaint would have been filed last week, but was not because of some procedural information of which they were made aware. They were of the initial impression that any complaint(s)they were to lodge toward your property could also be withdrawn as the City has advised your complaint could be withdrawn. This is not the case because the extension of your rear wall to eight feet constitutes a safety violation and as such must be followed through by the City once they have been made aware of a potential issue. City Code requires any wall in excess of six feet to be"engineered" "and comply with specific steel reinforcement and cement footing specifications". Since no permits were requested at the time the extension took place, the wall must now comply with today's building code. Furthermore, if your height extension has damaged the original foundational footings then the entire wall could be brought into question. (COnt) M- ' F-i Ms. Suzanne Pride 2 May 8, 2008 Page two P Za( - 2 The code for a gazebo requires it to be set back from all walls by one foot for each foot of elevation of the structure. In the case of your gazebo which is approximately eleven feet tall, it should be set back 11 feet from both the golf course wail and the common wall shared with the Toia's. It is estimated that this structure is less than two feet from subject walls. Once again, since this is a non-permitted structure it must comply with present codes. Although this does not fall into a safety violation as the wall extensions may,the Toia's elected not to file this complaint separate from the wall complaint. They did this because in all likelihood the City inspector would see the wall violation when viewing the gazebo and the inspector would be obligated to cite you for the safety violation of the wall, causing a non-retractable situation. I believe this restraint on the part of Mr. and Mrs. Toia demonstrates their ongoing desire to resolve this dispute on the most amicable level and as a gesture to return to a more neighborly relationship with you. I respectfully advise you to perform your own due diligence with the City to satisfy your questions with regard to your non-permitted gazebo and wall extension and the potential ramifications. As I stated earlier, the City will drop the need for a survey and Planning Commission appearance if you withdraw your complaint. If not,the Toia's are committed to the costs associated with the pursuit of this matter to their successful conclusion. The City has already indicated a willingness to grant the set-back variance based on the results of the property line determination. Going through this delaying and costly process will not serve any of the concerned parties in a positive and productive manner. 1 urge you to reconsider the withdrawal of your complaint so that this matter can be amicably resolved. If this matter is not amicably resolved the Toia's have assured me they will pursue all of their legal remedies_ Feel free to contact me at your earliest convenience regarding your forward position on this matter. Very truly yours, ROBERT W. STEWART,JR. A Law Corporation Robert W. Stewart, Jr.,Member RWS/dmh rk t �F 'Z Robert Stewart Jr. May 21,2008 — — A Law Corporation 73350 El Paso,Suite 203 Palm Desert Ca.92260 Dear Mr.Robert Stewart Jr., First you call me,with false words,such as,"Did I get an e-mail from my lawyer"Then you harass me with a statement such as,"I am not being neighborly" Now I receive a letter from you with words of"intimation and threats"of"legal remedies" Mr. Stewart Jr.,in response to your statement in your letter,as to what I witnessed at the second Architectural Review Board meeting held on 3-11-2008;page3-paragraph-1 was Mr.Toia's: statement: "Gate Enclosure"was chosen by the"Permit Specialist"assisting him at the Building and Safety desk At that time he made"Full Disclosure as to his "Ultimate Goal" Mr. Stewart Jr.,in my letter to Palm Desert City Attorney Mr. Dave Erwin on 3-31-08,I asked him why he thought that Mr.Toia did not get a permit for the"ROOF"at the same time the"Permit Special"had chosen the"Gate Enclosure"for him,surly the"ROOF" is part of the"Ultimate Goal'as THERE R E THE ROOF SITS,ON THE INSIDE WALL.?! Did the"Permit Special"forget such an important part of the"Ultimate Goal"AS THE ROOF? Mr. Stewart Jr.,Please be confident that the Palm Desert City Attorney Mr.Erwin,and the Palm Desert Planning Department are not incompdent in translating what Mr.Toia has orchestrated. Mr. Stewart Jr.,I have enclosed a letter I sent on March 31-2008 to the Palm Desert City Attorney Mr.Erwin and the Palm Desert City Planning Department in regards to the Gazebo. Mr. Stewart Jr.,a copy of your Letter will be submitted to the Palm Desert City Attorney, Mr.Erwin,also the Palm Desert City Planning Department and will be brought before the Palm Desert City Counsel at their next meeting.Hope fully,I will not have to present your letter to a judge in a court room. 5 Mr. Stewart Jr. May 21,2008 Page two It is of mine opinion that the ethics you have displayed and the threat from your clients the Toia's are extremely foolish. Mr.Stewart Jr.,Please do not call me or contact me in regards to Toia's"Permitting Process"they must for fill,as stated by the City of Palm Desert Planning Department. Very truly your, c-' Suzanne Pride At, 414 Pheete I 2- The gazebo was built 10 years ago by my son and his friend, whose father has owned a construction company in the Desert for over twenty years. It was my son's gift to me, "welcome to your new home". There is a 3 feet set back from the back wall on the golf course, in which there is a 5 feet easement recorded in the "Preliminary Report" There is a 4 feet set back from the side wall. Not being attached to any thing, and because of the set backs, I never asked about a permit. I "had" no knowledge of the building process, {as you all are aware, I have now had a* crash course in*- 101 building process.*) Mr. Toia is the third person to buy the house at 46-020 Burroweed Lane, Palm Desert, the gazebo is not attached to anything or encroaching on to the property at 46-020 Burroweed lane and has not legally interfered with the selling or buying of this property. When Mr. Toia bought this home, he told me, "how beautiful the gazebo was and how lovely it was to look at. I asked him if there was any problem with the flowers going in to his pool, he said, "NO". Mr. Toia has brought the issue of the " gazebo" to the attention of the Building Department while he is in the middle of his issue with the "cart barn". P 2.-elc--- Mr. Toia is welcome to fill out an "Investigation Request Form" in the case of the "gazebo". I can remove the gazebo in a matter of"3 hours", if that is what is required. Is it possible to have "one case at a time", as to not dilute or confuses what As to be focused on? j� Y1 r Suzanne Pride k"r \ 5 Dear Kind and Considerate Neighbors, PE b'�r 2 Thank-you for all of your letters and signatures in regards to the "BEAUTIFICATION" of our neighbor. As you all have stated in your letters,you have driven or walked by and witness the transformation of the house at 46-020 Burroweed Lane. Palm Desert, Ca. 92260. We have lived this transformation for 10 years,with several different owners;this house has been under construction for 7 years. Our family bought many garden hoses that we connected together and dragged them over to 46-020 in which we used our water to keep all the trees alive for over a year. We are ever so grateful to the Toia's, for the hard work, time and money they have invested in their home, for this"BEAUTIFICATION"is truly an asset and value to our neighborhood. This past fall we had to remove the dying Juniper from the common wall on the north side of our back yard that the Toia's and we share. The picture we have enclosed,taken 2-4-08 by the City of Palm Desert Architectural Review Commission gives you the view of what we see in our back yard which is far from the definition of"BEAITOFCATION". Mr. Toia had a pipe,over lapping the wall from his roof on to our side of our property to drain"what ever"on to our property. I asked him, Mr. Toia what is the purpose of this pipe hanging over the wall on to our property? He, Mr. Toia removed the pipe promptly. My son-in-law,who works for the City of Irvine in Orange Co. came to the house for Xmas.He was in the back yard,when he saw what you see in the picture we have enclosed, he said to me that he did not think this was"LEGAL"and encouraged me to go to the City of Palm Desert Planning and Building to make sure. Here is what you need to know: 1-Mr,Toia applied for a permit for a"GATE ENCLOSUER"—not a"GOLF CART BARN" 2- Mr. Toia did not apply for a permit and get approval for: a-the roof of the golf cart barn b-the inside wall of the golf cart barn c-the garage door of the golf cart barn The"GATE ENCLOSER"---"GOLF CART BARN"--is an"Illegal Structure"with out permits or approval. This"Illegal Structure"will have to be disclosed by the home inspector and will affect the sale of our home. EA •ter Because this, "ILLEGAL STRUCTURE. does not affect the sale of"YOUR PROPERTY"I am asking all of you to allow our family and the Toia's and the City of Palm Desert Planning and Building to make this"ILLEGAL STRUCTURE" "LEGAL" • The"BEAUTIFICATION"of our neighborhood,yes is a wonderful application, yet this "BEAUTIFICATION" must be applied within the"LAW" No ones requesting uestin that the Toia's not have a"Golf Cart Barn". The request is to make q g N the"Golf Cart Barn" "LEGAL" I know that all of you have not been told the details of this complex "Illegal Building Structure"; it has taken some time to get all the facts and details. I ask of you all to consider not getting involved in this matter that does not affect the "SALE OF YOUR PROPERTY" We have been quite, considerate,kind neighbors in this neighborhood and mind our own business. We have not caused any grief what so ever to any one in this neighborhood You have signed a petition for an"ILLEGAL STURUCTURE"in which your name is on record at the City of Palm Desert and available for the pubic. If you care to take your name off this petition you can contact: Kevin Swartz at {760- 776-6420)--extension--#485 Thank—you for your kind understanding consideration. If you would like to speak to me, {760-668-54441, You are welcome to do so. God Bless you and the kindness we share in our neighborhood Sincerely, • Suzanne Pride 46-040 Burroweed Lane Palm Desert, Ca. 92260 760-668-5444 Mailing address: P.O.Box 2688 Palm Desert, Ca. 92261 October 16, 2008 City of Palm DesertR-Fi(A , 73-510 Fred Waring Dr. Palm Desert, Ca. 92260 pC i 1 2008 Director of Community Development; ruIENT Lauri Aylaian -0D1M1 '( ,,F'PA.M ESER REGARDING: Architectural Review Commission Action {Revised} 4-8-08 Dear Ms. Aylaian, I did not appeal the Architectural Review Commission meeting on 3-11-08 because of the conditions that were placed on the approval. 1) sloping roof back avoiding raising roof anymore to get slope. I have just received a copy, for the first time of the {Revised Action 4-8-08}. 1) sloping roof back; minimize the raising of the roof to a max of 1 '/:to get slope. Was there an ARC meeting on 4-8-08? How and why were the 3-11-08 ARC meeting conditions {Revised}? The view of the height of the roof,which was never approved, is the most unsightly part of the structure from my property, and to now learn, it has been approved to go up higher is beyond belief. The statement you made to me 3-6-08 at our meeting, {Sometimes life is just not fair),Needs to be written and placed in the: Palm Desert Municipal Codes along with the Palm Desert General Plan adopted by the City in 04, "The City enforces the Uniform Building Code" {UBC} and, "cannot adopt standards that are less stringent than the UBC",as it is a must for the public to read and have the knowledge of what Codes will and will not be enforced by a City. Had I known of the {Sometimes Life is just not Fair Code) of Palm Desert, I would have bought a home in Rancho Mirage. Thank You, for your past and present help; Respectfully, . jJ) --19 Suzanne Pride I will come to the City to pick up your response, {760-668-5444} Thank You s ...... . .••• . , CITY Of Pi ., [ ffi DESERT... . . .. .. .. .' 1 73-510 FRED WARING DRIVE c PALM DESERT, CALIFORNIA 92260-2578 ,• ;" TEL: 760 346-0611 FAX: 760 341-7098 ;:-.1,..-.-. info@paim-de err.org March 11, 2008 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO: MISC 08-40 APPLICANT (AND ADDRESS): MICHAEL AND MARIANNE TOIA, 46-020 Burroweed Lane,.Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of golf cart barn structure for its aesthetic blending with the existing home and surrounding community. LOCATION: 46-020 Burroweed Lane ZONE: R-2 8000 (4) Upon reviewing the plans and presentations submitted by staff and by the applicant, the Architectural Review Commission to approve project on aesthetic merit subject to: 1) sloping roof back avoiding raising roof anymore to get slope; 2) redoing and cleaning up entire flashing on perimeter of structure, not going over property line and obtaining land surveyor for property line location; and, 3) continuing the tile on roof. Date of Action: March 11, 2008 Vote: Motion carried 4-0-0-2, with Commissioners DeLuna and Hanson absent. (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen (15) days of the date of the decision. Any amendments to this approved plan would need to be re-submitted to Commission for approval.) STAFF COMMENTS: It is your responsibility to submit the plans approved by the Architectural Review Commission to the Department of Building and Safety. CONTINUED CASES: In order to be placed on the next meeting's agenda, new or revised plans must be submitted no later than 9:00 a.m. the Monday eight days prior to the next meeting. 0...C.iiOtlL/NR .•. CITY Of... . ._... .. PALM OESERT ....... .. .. . ..--, -. I 73-510 FRED WARING DRIVE Ti PALM DESERT, CALIFORNIA 92260-2578 - � I TEL: o 346i �� FAX: 76760 341-6-o 7098 j info@palm-desert.org April 8, 2008 • ARCHITECTURAL REVIEW COMMISSION ACTION (REVISED) CASE NO: MISC 08-40 APPLICANT (AND ADDRESS): MICHAEL AND MARIANNE TOIA, 46-020 Burroweed Lane, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of golf cart barn structure for its aesthetic blending with the existing home and surrounding community. LOCATION: 46-020 Burroweed Lane ZONE: R-2 8000 (4) Upon reviewing the plans and presentations submitted by staff and by the applicant, the Architectural Review Commission to approve project on aesthetic merit subject to: 1) sloping roof back; minimize the raising of the roof to a max of 1 %" to get slope; 2) redoing and cleaning up entire flashing on perimeter of structure; not going over property line; 3) obtaining land surveyor for property line location; and,4)continuing the tile on roof. Date of Action: March 11, 2008 Vote: Motion carried 4-0-0-2, with Commissioners DeLuna and Hanson absent. (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen (15) days of the date of the decision. Any amendments to this approved plan would need to be re-submitted to Commission for approval.) STAFF COMMENTS: It is your responsibility to submit the plans approved by the Architectural Review Commission to the Department of Building and Safety. 0, AGENDA PACKET MEETING DATE o October 2, 2008 City of Palm Desert 73-510 Fred Waring Dr. Palm Desert, Ca. 92260 REGARDING:DENY VARIANCE# 08-261-46-020 Burroweed Lane,Palm Desert Dear City Council Members, I am a single woman as is Suzanne Pride; we have lived in Palm Desert for 20 years. I feel, her neighbor Mr. Toia, has overwhelming taken advantage of building what ever illegal structures he desires, and has obviously used his over baring actions to suggest that Suzanne Pride has appalled the neighborhood These are the actions of a disparate neighbor, who is attempting to have the City over look his disregard for the Legal permitting process,for not 1 structure but 3 illeRal structures!! We must not encourage or reward this arrogant display of a neighbor who would take advantage of a single woman and then turn his illegal acts in to being the one in the neighborhood who is being applauded for his effort?? I urge the City Council to carefully consider the legal objections and deny the request for this variance. Respectfully, Debbie Wheelock 4 Via Dulcinea =42 Palm Desert, Ca. 92260 _; f i C.) t0 September 30, 2008 City of Palm Desert 73-510 Fred Waring Dr. Palm Desert, Ca. 92260 Regarding:Deny (Variance#08-261} Non-Permitted Golf Cart Barn and Work Shop, 46-020 Burroweed Lane,Palm Desert, Ca. Dear City Council Members, I have lived in the Desert for many years and I am local Pharmacist. My family has known Suzanne Pride for over 10 years and has been to her lovely home for several garden luncheons. She has spent lot of time and money making her home and back yard very attractive. I was shocked when at her home recently, in the back yard to see the illegal unsightly structure her neighbor has built, it is appalling, and the view from the guest bathroom window is as shocking as the back yard view. It is quite apparent her neighbor had no concern for the view from her property or for - how his-Manistructureoalddevalue-her-pr-oper-ty. I urge the City Council Members to deny the Variance request Mr. Tioa is applying for and make him follow the Law and Codes for the building processes as we all must do in Palm Desert. The stress and anxiety that has been imposed on to Ms Pride and her property is inexcusable. Res y, David Goldberg 38721 Desert Mirage Dr. Palm Desert. Ca. 92260 City of Palm Desert 73-510 Fred Waring Dr. Palm Desert, Ca 92260 September 29, 2008 Re. : Deny Mr. Toia illegal structures (Var. 08-261 ) 46-020 Burroweed Ln. ,P.D. To City of Palm Dalm Desert, I have lived in Palm Desert for 32 years. We were local Builders , Arch. , and developers"Branko Lepan and Assoc. ". We have build 28 apartments unit on Hwy 74 "Desert Atrium Apartments" now "Atrium Villas", and several homes including our on Bursera Way. Susan Pride was our friend and the best tenant. When she bought her house on Burroweed Ln. , we witnessed every day how much money she invested and hard work to improve her front and back yard. We couldn' t believe how her neighbor could built illegal structures without City permit. Please deny his request, which devalue her property. Sincerely, _ C_ Rose,Lepan 74-310 Magnesia Falls Palm Desert, Ca 92260 October 2, 2008 City of Palm Desert 73-510 Fred Warning Dr. Palm Desert, Ca. 92260 Regarding: Deny (Variance # 08-2611 Golf Barn & Workshop- 46-020 Burroweed Lane, Palm Desert, Ca. 92260 Dear City Council Members, Mr. Toia has lived on Burroweed Lane for 3 years, built 3 illegal structures and has the neighborhood appalled at his neighbor, Suzanne Pride, who has lived in here home for 10 years. Something is obvious wrong? I urge the City Council to look at the facts. It seems, Mr. Toia has displayed a disparateness to cover up his behavior, in which he feels the Law and Codes of Palm Desert does not apply to him. This summer we visited with Suzanne at her home, after seeing what the neighbor has illegal constructed we feel he has taken advantage of a single woman and has attempted-to get away with as muck as he possibly could to benefit his property value with no regard to the only neighbor affected, Ms Pride and how his structure devalues her property. Suzanne Pride has lived in the Desert for 20 years. She has helped my family and many other families thru difficult health issues with her medical knowledge and for that we are all grateful to her. This unseemly illegal behavior and disregard for the ONLY neighbor affected must not be supported in any manner. Sincerely, 424S4444L Abraham Kaplan 38711 Desert Mirage Dr. Palm Desert, Ca. 92260 October 1, 2008 City of Palm Desert 73-510 Fred Waring Dr. Palm Desert, Ca. 92260 Regarding; Deny(Variance # 08261) 46-020 Burroweed Lane, Palm Desert Dear City Council Members, I have been to Suzanne Pride's home on Burroweed Lane in Palm Desert for many of her luncheons over the past 10 years. Her back yard is the Pride of the neighborhood. Mr. Tola, the neighbor has demonstrated a disregard for the Law and Codes of Palm Desert and an obvious disregard for neighborly conduct. I was in disbelieve when at Ms Prides home recently, seeing the illegal structure her neighbor has built. The view from the back yard and even more shocking the view from the quest bathroom is unsightly. The noise in the bathroom from the work shop is appalling. I would say, to any of the neighbors that are applauding this unsightly structure, "Let Mr.Toia come to your home and build on to your war!! and see what an asset value it will add to your home. I urge the City Council Members to enforce the Law and Codes of Palm Desert and to Deny such direct violation. Since ely, Pat Mitchell 38 Lucerne Dr. Palm Desert. Ca. 92260 • September 30 2008 City of Palm Desert 73-510 Fred Warning Dr. Palm Desert, Ca. 92260 Regarding: Deny Variance { 08-261} 46-020 Burroweed Lane Cart Barn & Work Shop Dear City Council Members, My name is Dominic Posillico. I have witness Suzanne Pride for the past 10 years in the remolding of her home. She has invested a lot of time and money in the appearance of her back yard. Her neighbor, Mr. Toia has demonstrated not one time but three times his despicable behavior of building many non permitted structures on his property, in which they are in direct violation of multiple codes. The building and structural setback are part of the criteria to be used in determining whether a project should be approved and the adjacent property owners must be carefully considered before allowing the integrity to be compromised. I urge the City Council to deny the request for a variance that would compromise and devalue the Pride' s family home. Respectfully, Dominic Posillico 1 Cambridge Ct . Rancho Mirage 92270 October 3, 2008 City of Palm Desert 73-510 Fred Waring Dr. Palm Desert, Ca. 92260 Regarding: DENY variance # 08-261 { 46-020 Burroweed Lane} Dear City Council Members of Palm Desert, For several years I have been invited by Suzann6 Pride to her home for our Ladies group luncheons. Over the years we have enjoyed the beautiful back yard for our gatherings. It has been inconceivable to witness the disregard from her neighbor, Mr. Toia as to how he could have ever tried or thought he could justify to the City and the neighborhood the building of many illegal structures. To disregard the property value of ones neighbor to this extent is truly unjust. I urge the City Council to enforce the City Codes and Laws and confirm to Mr. Toia the realization that the Laws & Codes do apply to him, as he obviously thinks they do not . Sincerely, Norine Beckstrom 71279 Country Club Dr. Rancho Mirage 92270 October 1, 2008 City of Palm Desert 73-510 Fred Waring Dr. Palm Desert, Ca. 92260 Re: Deny Variance {#08-261} 46-020 Burroweed Lane,Palm Desert City Council Members, 1 have known Suzanne Pride for many years and have been to her lovely home for several back yard luncheons in the past years. It is obvious; her neighbor, Mr. Toia has displayed bad faith in his dealings with the City,by failing and refusing to abide by the required protocol,for 3 non-permitted Structures. The view from the bathroom window of the Pride home is unsightly. The work shop noise in the bathroom is shocking. This kind of behavior must be,discouraged.I ask the Council Members to exercise the authority granted to it and deny variance request for an illegal structure. Sincerel , Judi Baxter 138 Picadilly St. Rancho Mirage Ca. 92270 October 2 2008 City of Palm Desert 73-510 Fred Waring Dr. Palm Desert, Ca. 92260 Re: Deny Variance#08-261—46-020 Burroweed Lane Palm Desert Dear City Council Members, The multiple violations of both public law and private property rights should not be encouraged by the City Council of Palm Desert, and Mr. Toia's request for a variance of an Illegal structure should be Denied. Suzanne Pride has invited our family for many years to her wonderful luncheons at her home. We were surprised to see the unsightly structure her neighbor has built, and to find out the neighbor has misrepresented him self to the City and neighborhood, is unacceptable and certainly reveals a lack of illegal responsibility to the City and the neighborhood. As the only neighbor affected by the illegal structure, the City Council should directly considered the private property rights of the Pride Family. Sincerely, Gaddy & Hank Stoffers 3 Jennifer Court Rancho Mirage 92270 „ ,, „ Ii ri (,A GENDA PACKET %SUN � 6 • 9 CA S' ' October 4, 2008a--- ^r 'i Orr City of Palm Desert 73-510 Fred Warning Dr. Palm Desert, Ca. 92260 Re: Variance Application# 08-261 [46-020 Burroweed Lane, Palm Desert] Dear City Council Members of Palm Desert, My name is Marc Giovennella. I work for the City of Irvine, Orange County. Suzanne Pride is my mother-in-law,who lives at 46-040 Burroweed I am writing and submitting this letter for the record,to give the City of Palm Desert the true understanding as to the issue of the building of the non permitted golf barn and work shop built by Mr. Toia, Suzanne Pride's neighbor. For the record: I am the one who advised and insisted Suzanne go to the City and fill out an investigation form, {which is confirmed in a letter submitted 3-6-08 by Suzanne to the Planning Department). When coming to our home on Burroweed, seeing the juniper hedge removed from the north wall in the back yard, I said to her, "some thing is wrong”. When I was told of the pipe,Mr.Tioa had from his swamp cooler coming over the garage reef-and-aver the wall draining on to our property,I was..ontraged. It was clear to me at that point; Mr. Toia had seriously taken advantage of my mother-in-law, and that was just the beginning of what Mr. Toia had in mind. To obviously divert the City and the neighborhood,Mr. Toia, had to come up with a"workable solution",to some how get the City to approve his heinous acts of building habits, for he had built 3 non permitted structures. On 1-17-08 Mr. Toia submitted a letter to the Planning&Building Department, in which he states, "We discussed our intention with the neighbor, Ms. Pride, and she was in total concurrence with the replacement". For the record: My mother-in-law like 90%of woman has no knowledge of the building process what so ever. The approval to build a structure is the authority of the City not my mother- in-law,the neighbor! In the same letter 1-17-08,Mr. Toia states, "The City Field Inspector encouraged and gave him permission to build the non permitted structure". I must state for the record, Mr. Toia's statement is an insult to the City of Palm Desert and I am perplexed, how the City would over look such an absurd statement? Mr. Toia continues in the same letter, "We had a verbal confrontation with Ms. Pride, and now she has lodged this complaint. I repeat,I am the one who insisted on this complaint,not my mother-in-law! for the following reasons: • 1- My two young children are in the bedroom &bathroom next to the north wall. 2- Violation of Private Property Rights. 3- Violation of Public Codes and Law. 4- Mr. Toia has severely taken advantage of my mother-in-law, a single woman. 5- Mr. Toia had a tile saw running at 8:00 at night. 6- Mr. Toia continually had construction on going on Sundays. We kindly called Mr. Toia, and asked, "will we be able to enjoy our back yard on Easter Sunday? Mr. Toia had so much construction on going,there was no way to tell what he was up to. The view from the street and the fact,he said he had a permit and that,I was only in the Desert on week-ends,left him to continue to build, build, and build. I had no idea until the juniper hedge came down. It was at that point, I realized that he also had the work shop next to the bedroom and bathroom where my children sleep. I was outraged at his actions. For Mr. Toia who has lived on Burroweed 3 years to go around the neighborhood with his despondent story,telling the neighbors, Suzanne Pride, [who has been in her home for 10 years], is responsibly for his decision to despicably deceived the City of Palm Desert for the-building ref several non permitted structures is shameful nonsense, for he obviously did not tell anyone he had truly built with out Legal Permits! Mr. Toia is extremely desperate to some how have the City approve his illegal non permitted structure. For the past 9 months our neighborhood,in which City Councilman, Richard Kelly happens to live, has now gotten involved in a Legal Privet Property matter,in which they have no legal rights what so ever, as their Privet Property is not involved. Mr. Kelly at the [Planning Commission] meeting 9-2-08, spoke in FAVOR of the illegal non permitted structure,he states: "The folks around here are interested.in more than the lot line,we are interested in what the neighborhood looks like,whether the guy next door waters the lawn,whether he pulls the weeds". For the record The lot line in question is not Mr.Kelly's or the Folks in the neighborhood he is representing. Does Burroweed Lane have a different set of Laws; from the City Laws and Codes, in which the lawn and weeds are more of an interest than my families Legal Privet Property Rights? Is this Mr. Kelly's lawless neighborhood? Mr. Kelly also states in the Minutes 9-2-08, "There could have been some misunderstanding". Had Mr. Kelly taken the necessary time to sort thru the permitting papers authorized by the City and the Legal papers submitted by our attorney, Debbie Sherman with pictures,he would clearly know there is"no misunderstanding". 1 e 3 The facts to understand: Mr. Toia states; 1-17-08- "Late in 2005,we began discussions with the City Department and in the review of our sketches,we were advise of the five feet set back requirements". The City of Palm Desert did its job of informing Mr. Toia of the need for a survey,to establish the property line and also the need of a variance for the set back code of the cart barn he was seeking to build. Mr.Toia made the decision to disregard the advice from the City and now he,not my mother-in-law, Suzanne is responsible for his decision to despicably violate both public law and private property rights. In Mr. Toia attempt to have the City approve the cart barn,he has.[ altered legal documents,and committed perjury J thru this process a total of[3 illegal non permitted structures] have now been disclosed. This behavior by Mr. Toia obviously shows a pattern of dishonorable actions to both the City and our Family. The neighborhood of Burroweed Lane is in desperate need of legal attention from the City of Palm Desert. There are neighbors,who allow their dogs to run unleashed,when our family with children approached the neighbor, he was extremely violent, he also feels the laws of Palm Desert do not apply to him either. I asked, "Is this the Wild East", Lawless ? In Conclusion,I ask the City Council Members of Palm Desert under the Mandate of the City to enforce their Codes and Laws and deny Mr. Toia's request for a variance. Respectfully, Marc Giovennella 1 Sequoia Dr. Aliso Viejo, Ca. 92656 O 6. s y 6 CA a 17 I. a, � 0 a. r3 •" CIO Z tli HS.crie co C14S. S. cc y �' C7 � x ° = E et x a° y o W Q' a, 0 O L t O i W 13 3 C 34 o c i. L=, 6 = a 0. tt ° CO 3 o W W x •° ao gt "'' •. u > L. •.• y z I I I (1 CA CC t::1 . N M _ ....... 4lT f�' ky i ,�. i �._ i it i 4X' j ;, 3 as t Al ?` ' • .1 1r}{� .1rt !lam 4Cr I, • a1„, •. tea....-'7,. K. 3 x e '' 4 1 ,f, ; 7t.m , fR T CCU:5..r`t`. P T_h' St�.� _ f i. Yir'� W f Ea �! 46-202 Burrwoeed Lane, Palm Desert, Ca 92260 YEAR OF ;061 Mr. Toia built Bedroom & Bathroom onto the back of his Garage in the year of"06", as confirmed by Site Plan he submitted to the City of Palm Desert. Ca. 2-10-06 YEAR OF ;081 Mr. Toia is submitting a Site Plan for Variance to the Cite of Palm Desert 6-20-08 in which, under the Penalty of Perjury' he is not disclosing the Bathroom & Bathroom, he built in the year of"06" for they were built with out Permit or Safety Inspection. 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CA ' -. -...1 ____,1 r•---— A ----,\ --_,.-yr: , ', \ -----r-'-:::\ '1 , -1• ' ' l -' ' 1, ---;<-.: 1:-• - , 9. ."'"‘ ,,--i-A . -'. ' '- --•• -- ''-\. .. . , WI 7_,-.21,( • --- --- • • • City of Palm Desert Variance Application OWNER AND/OR OWNER'S AUTHORIZED AGENT AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF PALM DESERT ) I, (we), MCA el-- 3- OIA being duly sworn depose and declare to the best of AA.'' knowledge that the (my/our) foregoing is true and correct under the penalty of perjury: EXECUTED AT: PA 2)E5 G t.l T • (CITY) / (STATE) DATE: I'ZO 0 r (MONTH (DAY) (YEAR) APPLICANT, OWNER AND/OR OWNER'S AUTHORIZED AGENT: MlCHAE_. X"m-qv/A (Print Name) (Signatures, 4boz o 3UQRou)Q; o LAW_ (Mailing Address) PAt+'- rese i IZL O (City, State and Zip) (7bz ) 3 � a- z (Area Code)Telephone Number CITY OF PALM DESERT DEPARTMENT OF BUILDING & SAFETY 73-510 Fred Waring Drive, Palm Desert, California 92260 (760)776-6420 FORM 7 7 4 3 9 LICENSED CONTRACTORS DECLARATION:I hereby ern n.:,:r el cs all;of:i.ia r tat I am icensed under rra.:SIO S a Groper 9 i tO09 wen WORKERS'COMPENSATION DECLARATION:I hers,'gin ceder pena9Y or perjury one of the Whirr declarations: Sectan 7000i tit Division 3 of the Business tiro Professions Cade.r r'N'iLune s tit Lew brae and biEC As shown below I have and wil maintain a certificated consent to s4insure tor workers'cor,tendibm,as prodded ibr by Section 3700 b?the Labor Col _ for the performance o the work for which tits pen*is issued. I have and will maintain takers'corroensation insurance,as rewired by Seabr13700 of the Labor Cede,for the Derfarence of the wort — icr which des Dem*s issue MY workers'cementation insurance carrier and DoiW number s as heed: :ate Coneactor's use: (This section need not becampleted i the puma is tor one hundred dollars(stop)a test). OWNER-BUILDER DECLARATION:I hereby affirm unativnatri d patty awn I am ant from the Contractors Sale license law for the blowing I certtij that it Are performance d the work for which h Eris permit is issued,1 shallot employ any persona:arty manner so as to beware reason(Sec.7031 Eusaress and Professions Code:Any boy or may which requires a perm to constrict after,improm demolish,or repair any — abject to the Workers'Canrgensahan taws of Caftemie,card agree that a 1 shoed become s. eet te the workers'roroensation Drn^sm sr do w,,prior to its issuaroe,also rea;.res the applicant for ouch writ to tile a signed staiernenm that he or she is licensed pursherd to the provisions of et Section 3700 of the Labor Code,I sled brthwn corn*with otiose provisions the Contractor's State License law Chapter 9(c verang vim Section 7000)of Ohisim 3 of the Easiness and Professions Code)a that he or she is ecru therefrom and the basis tor she awe ewer.My violation d by Seraon 7031.5 arty appdant tor a pewit subjects the applicant to a dui '"`: Applicant's ag>aturer :easily d notmeretan the hundred closers($500l.;. WARNING:FAILURE TO SECURE WORKERS COMPENSATION COVERAGE IS UNLAWFUL,AtiD SHALL SUBJECT AN EMPLOYER TO C=iMIN LM I,as owner d the property,or my enpfoyehs with wages as their sole xrryxnsation,wit do the work and the stnEAnre is not intended or offered to PENALT'ES ANC CIVIL FINES UP TO ONE HUNDRED THOUSAND DC:!ARS;VOCAL IN ADDITION TO THE COST OF COMPENSATC sale(Sec 7044..Business and Professions Code:The Co rractrs State License Law does not apply lo an owner of property who Mkt o i mares DAMAGES AS PRCS9DED FOR IN SECT!ON 37Cii OF THE LABOR CODE,INTEREST AND ATTORNEYS FEES, tenon and who does such work herself o Awagh his or rer own employees,provided that such inprommerrs am no intended or altered be salt a CONSTRUCTION LENDING AGENCY:I hereby affirm under penally or penury that there is a conviction IenOng agency tor the perlerrrance tit the w however,the building or Motordrome Is srid within one year d roman,me miner-caber ill hare de burden d proving that he or she deb not lead or tor Wad titis pear!is issued(Sec.3097,Cur.C). improve for to purpose of sae). LandKs Name: Las owner d the property,am ex vey contracting wtr t xcsed contactors a coluntc the pried(Sec.7044,Business and Professions Code The Contracts State License Law does no apply to an owner of property who Odds or irgrrees thereon,and who contacts fa such Ards with a L:ctacbr;ihcaksed ptisuird to the Coeracbts State Lideraa Law). Lander'sAdiress: I certify that I have read this application and state mat the above information is correct.I agree to comply whin at dry and carry ordinances and slate la I am exempt veer Sec .B.&PC.tor this ream tirg to tubing construction,and hereby authorize representatives of this ON to enter upon the above mentioned property tor inspection purposes , • nit lama: � �� L� 1 g(25/vV r hu1o, ;w CxnasSigratre: , t;eofAptimiorAgenr. �� sit De'D"R` 6020 BURROWEED LN AS BU T EXERCI IPR0J O 08-00045333 W%25/08 USE.,F PE*ADD/ALTER RESIDENTIAL (CONTRACTOR) ASa"ES dwJEL100-023 NO CEN.TRACT NO. OWNEP TOIA MICHAEL TRACT NAME ADOPESS 46020 BURROWEED LN �3862-00-00b1 ZONE chn PALM DESERT STAiO CA 921c6 PHONE( 760} 341-4412 PERMIT SUMMARY APPLICANT OWNER *BUILDING PERMIT 237 , 10 CONTRACTOR *ELECTRICAL PERM . 00 ADDRESS *MECHANICAL PERM . 00 i art SA' Z:P C...).::E PHONE *PLUMBING PERMIT . 00 _._6.SEv IN/KES COMP N ICY O AND COMPANY OTHER FEES 74 . 75 ."S T ENO;NEEA _TENSE NO. NO ARCTCT/ENG • -- SPECIAL NOTES AND COMMTS -- Garage conversion (exercise room/bath) �'' gonsted with4_u, ,germit & required i�sp9c iorig F e insZ�t'ions may require destructive sampling to verify as-built conditions meet minimum 2007 California Model Codes in effect . ,....9 ., n N w \\ ? �' ua 111 e= `e/25i6e OS Receipt nos 2433 fetal tendered f311.85 Total payment $311.85 BUILDING DEPT. City of Palm Desert City Council 73-510 Fred Waring Dr. Palm Desert, Ca. 92260 City of Palm Desert, City Council Regarding: Variance Application #08-261 46-020 Burroweed Lane Palm Desert, Ca. 92260 {Mr. Toia} Page- 5—Variance Application #08-261 B. ARCHITECTURAL ELVATIONS: { Show height of new structure }* Mr., Toia states; "previously submitted and Approved by A.R.C" a- The height approved was not by A.C.R. b- The height approved was by the Building and Safety Dept. on 1-3-06 c- The height approved was for {MATCH EXISTING STUCCOED WALL}, as Site Plan shows. d- Architectural Review Commission Minutes, March 11. Page 2 of 14; paragraph -1- Mr. Toia states: "To maintain a Consistent roofline of the golf cart barn parallel with The existing garage line, it became aesthetically Necessary to accommodate the {EXTRA HEIGHT} This was addressed with the field inspector and Incorporated prior to his approval for building Final signoff". e- I spoke with Debbie LeBlanc, Building& Safety Technician, She said, "The final signoff did not address {EXTRA HEIGHT}. f- Final signoff,was address by Mr. Mike Neely, Palm Desert Building & Safety Dept.,who came to 46-020 Burroweed Lane P.D. - on 1-23-06 and singed the Job Card {HEIGHT TO MATCH EXISTING STUCCOED WALL "GATE ENCLOSURE" * {ONLY} * Conclusion Once again Mr.Toia has Orchestrated, and Under the Penalty of Perjury,the deceit of saying {FIGHT-APPROVED BY A.R.C.),he does not fill out the Height questions on the {Variance Application}. {WHY}? stow\S1WMt1bIVI (.'QcsO€ City of Pa;:;i= Variance n Or`. Access and driveway dimensions Location and dimensions of all existing and proposed easements All utility line locations (gas, electric, cable, water and sewer) ADA Ramps, Paths and Path of travel All existing and proposed structures All building setbacks from property lines Building dimensions(include roof overhangs) Location,elevations and height of proposed walls and fences Location of trash enclosures Parking layout with dimensions of stalls, aisle widths, walkways and surface type Map Legend including: Gross and net acreage of parcel(s) Gross and net floor area of structure(s) and type of use Required and proposed number of parking spaces (including handicap) Lot coverage (percentage of land covered by building(s)) Landscape percentage in and adjacent to the parking area B. L ELEVAT ONS: 7 pEvtOU5t4 Show height of new structures from Finished Grade to highest part of the structure, the roof parapets, and kiel ilirElb each floor. !►N D Show screening for all roof-mounted equipment 1?PROVE D Proposed signage/awning location (if signage will be on the building after it is built) 114t Colored Elevations, rendering and/or perspectives(separate sheet) C. FLOOR PLANS: Dimensions of interior rooms Label all rooms Dimensions of all exterior components D. ROOF PLAN: Indicate top of parapet heights Location of roof mounted equipment Location of ladder for roof access S AP< �_;J s r. ti.,,,,,,;_,. ct.s iii.r5 11. - — ,� , a w .,l' _r cr c) rri Oct A -' O 5Xr O I 4 , 2Cr a, d cD. Cri ------ -------- - ---y --— ..x�:��S s,_�`.=_-s�. r'.:iC--,-..�w "" `�"s'.';., uvNJe i� .:.��y-..^" C.\5+t 1`IGI M kS O L11k RcY UN1 Ac L L r h 1?!-400(i.tiJ crop .r . ty ,.. --.1 , 1 3 D) vi 1 i Q 01 W K. 3 i Z zk 4 kic. 1". 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Tow,- r ri:iliti4,.-' , ." age • . • . : ' ' CO ' . • 0 , atibla-4._ .., ..Ln.,),,,,,.. :.,,080,,c,,4*t ,.-. ...-1,444.14 • • • : NO ' . .t • 265150 ! .'. .."- j'-' ".,-'' t312113:1*.; ' • ' •Antraolt, l'`'.•7;;'. ' '''''' 1::.; 4 .. • ,-, • . n* ::' - - '' ''' ' 1 ,,00 0ms,- .1140011 41,2i irs,Brasinme4/ rionreem • ~t. i . - - ,, -- Sidignatitic 415/14PZ , 7111,NacciOti P1 st • 11113viVal c co se 0 f2 _ --____------- On 1-23-06- Mr. Mike Neely, City of Palm Desert Building& Safety Dept. came to the home of 46-020 Burroweed Lane Palm Desert, Ca. 92260 He signed the Final Inspection of the Job Card for Gate Enclosure—Stuccoed Wall To MATCH1I Yard Wall ONLY} Mr. Toia the year of"08" added CAR1{ ' BARININJECI'} To a I usual—Document, Ms,Neely did not see or sign. m ......_...._ , „ _ • roor : ,"V. .,L,--,,,.!•4,3, • ',97.44'''' ' ''tt:4.- r ° ''..4" "`" .' . 4,-A:4. ; 0*ie. '1 Rst.70*0 " 4:14.;!;.-*--, . - - - — •,'')4.'..' ..."'.. -4#'; '15t-- - . .. 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WA'.i C e• 4.',A;144 .k"4-44kii' `' 444 P''"'• ' . 3 '' ARCHITECTURAL REVIEW COMMISSION - • MINUTES MARCH 11, 2008 A. Final Drawings: 1. CASE NO: MISC 08-40 APPLICANT (AND ADDRESS): MICHAEL AND MARIANNE TOIA, 46-020 Burroweed Lane, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of golf cart barn structure for its aesthetic blending with the existing home and surrounding community. LOCATION: 46-020 Burroweed Lane ZONE: R-2 8000 (4) A Mr. Swartz presented current photos o Ms. Suzanne Pride's side of wall and asked Mr. Toia to present his-comments. Mr. Michael Toia, applicant, presented current photos and summarized his structure. He:: indicated that he has taken some action to remedy some of the concerns of the Commission. At the previous meeting . there was some concern regarding the undesirable appearance of the exposedmetal flashing on the top of the front wail o f both the garage and the golf cart barn. He explained that both the garage and the golf cart barn's front walls were originally trimmed two years ago and the top edges were trimmed with 90 degree terra cotta etched tiles in order to match those already existing on the pitched portion of his roof. The motion detection light has been replaced with a light fixture that kii-i414i.es the other°light fixtures on the home. The on inal Ian drawing of;the:height of the front wall in relation to common wall • c. -. ® ®` ' . a- - ', but when they began to construct the wa they in ended to incorporate a 4 foot by 12 foot beam which protruded from the existing garage. To maintain a consistent roofline' of the golf barn parallel with the existing garage line, it -? .^bec e aesthetically necessary to accommodate the extra height This was addressed with the field inspector and incorporated prior ' to his a rov r Mr. Toia removed the nspou in he gu er located at a common wall. The gutter " previously located at the common wall will be moved to the edge of the main garage structure. This will catch and divert 90 percent of the rainwater from the pitched roof of the house and flat roof of the two car garage. The remaining eight feet of roof section over the golf cart barn would then be re-foamed to divert the water away G:1Planning\Janine Judy\Word Files\ARC Minutes\20081AR080311.doc Page 2 of 14 September 19, 2008 City of Palm Desert 73-510 Fred Waring Dr. Palm Desert, Ca. 92260 " r' City of Palm Desert City Council;Jim Ferguson c a Regarding: Variance Application #08-261 t Construction of Cart Barn and Work Shop Addition at; 46-020 Burroweed Lane o'- 71 Palm Desert, Ca. 92260 w z= Dear Mr. Ferguson, I feel that it has now become necessary for me to write this for the record in order to Properly address the problem and objections which I have to the subject construction of a Cart Barn and Work Shop by my adjacent neighbor Mr. Toia. I have made inquiries at City Planning And Building Dept. about the construction which abuts my north property line wall. This construction was done by Mr. Toia without first following proper procedures required by the City. Further to reiterate my recent objection filed with the City in connection with this construction and to be more specific. 1-Mr. Toia did not submit the required survey. 2-Mr. Toia did not submit a proper site plan to show thereon what he TRULY Intended to Build with a plan view, front, back, and side views and elevation. 3- Mr. Toia actually submitted vague drawings showing"gate enclosure only"with out disclosing to the City Planning and Building Dept.what he actually did build. 4-Mr. Toia never applied for the necessary variance to build what he actually constructed. The simple "gate enclosure"which he submitted may have not 1 require a survey and variance; but what he actually constructed (not shown of these drawings} did require a survey & variance. 5- Mr. Toia is now attempting to do what he should have done prior to the construction, of what he built,with out proper survey, permit or variance. The facts supporting the above show that he simply built some thing completely difference (A complete cart barn and work shop) than what he showed in order to • obtain his building permit. Further he constructed this addition with out proper stages of construction inspection by the City Building Inspector. I do not understand how a Building Inspector could accept what he constructed with only the drawings Mr. Toia submitted to the City. It seems that the building permit obtained by the plan view drawing showing a short connecting wall to his existing garage and my north property line wall, both sides of a golf cart opening. (See Exhibit A) I also found that Mr. Toia submitted a "sketchy" front view drawing merely showing an opening with the above mentioned side walls plus a single 4x8 header over the opening. (See Exhibit B}. I am also enclosing another front view drawing showing these side walls and a wood gate (See Exhibit C). Again, how could a building inspector inspect and write off the construction of an entire golf cart barn and work shop with only these drawings in hand? The only practical answer,must be the building inspector was not there when what actually was built took place or Mr. Toia built what he did after the building inspector left. (See Exhibit DI Job card 2 Variance Application#08-261 Page-5: Architectural Elevation: Mr. Toia does not answer the Height Question on Variance Application WHY}? Does the City of Palm Desert accept a Variance application in which the applicant is so vague and does not answer an import questions as height, in which Devalues my property view? {See Exhibits A) Shows in writing: {New wall to Match Existing stucco) {See Exhibit C) shows in writing: {Stuccoed wall to Match yard wall} {See Exhibit D} Job Card wan signed 1-23-06 for {Gate Enclosure- Stuccoed Wall to match) ONLY *{See Exhibit) Variance pg.5 {Show height of new structure} {pages 1-9} Now the City of Palm Desert has permitted Mr. Toia to submit true plans of what he actually has illegally construction with out proper plans or inspection. The City has also permitted him to apply for the necessary variance post construction. I believe the City of Palm Desert should have directed Mr. Toia to take down what he has Illegally constructed prior to Planning accepting his late application for a variance. I believe that he should at least be directed to remove the portion of the construction which now abuts to and over my north property line wall with in the require 5 ft. set back. Nevertheless the city has in my opinion wrongfully accepted this application after the construction. Therefore, I did make my appearance to object to the granting of this variance application. I must add, my objection to such a requested variance would certainly have been made if it was properly applied for and advertised by Mr. Toia prior to his nefarious and arbitrary act to Construct what he did without first obtaining this variance. 3 Mr. Toia also illegally constructed a bedroom and bathroom at the same time he illegal built the cart barn and work shop, in which he, under The Penalty of Perjury. did not disclose on the site plan he submitted 6-20-08 on Variance Application {#08-261},the bedroom and bathroom, he called an {"exerciser room"}, for the bedroom and bathroom were not permitted He has now, after realizing that his Perjury on the Variance Application {#08-261} has been disclosed,submitted to the City a site Plan for the bedroom and bathroom. The City is now allowing Mr. Toia, (It is better to beg for forgiveness that ask for legal permission} and has approved the bedroom and bathroom as an (As Built} (See Exhibit 1 thru 6} Illegal bathroom & bedroom 1 thru 6. Further I have seen the letters and opinions written and voiced by the wife of City Council Richard Kelly, Mary Helen Kelly and other residents in the neighborhood. I must state for the record: Mr. Toia nefariously obtained these letters. For all of you who know City Councilman Richard Kelly and his lovely wife Mary Helen, know that if they had known prior,that Mr. Toia has built many illegal structures as well as the golf cart barn and work shop and in his appempt to get his golf cart barn and work shop approved by the City, he has broken the law, altered legal documents and committed perjury, they certainly would have never written or gotten involved in applauding the many Illegal structures built by Mr. Toia in our neighborhood of Burroweed of the Lane. 4 I must state for the record: Here that these neighbors are not directly affected by Mr. Toia violation of the set back required. He has joined his building directly to my north property line wall, Not Theirs. The favorable comments mentioned by the neighbors do not excuse or justify Mr. Toia's actions for the legality of this construction. My property is the only neighboring property affected and devalued here. These neighbors have never seen the view & noise from the work shop, in my bathroom. I must also state for the record: To the City,that any such attachment to this wall, (as Mr. Toia has made}, to my north property line built illegally invades the small enough 5 ft.set back here. This severely affects the little Privacy that this separation or set back intended to afford to each of our properties. The work shop has many {High Voltage Power Tools} and the noise of the tools in my bathroom is an extreme invasion of Privacy. {See Exhibit E & F} Further, it should be obvious that such a disregard for this set-back required will Devalue my Property. I already share a common garage wall with my neighbor on the south side of my home. To allow such an illegal structure to be attached to the north side of my property line,will not be in the best interest to my property rights. 5 CONCULION Mr. Toia has nefariously orchestrated and is attempting to have you believe that the, * City Permit Specialist: {See Exhibit 1} and the *Field Inspector: {"What you do behind the wall after I leave is your business} {See Exhibit 2} and * I, Suzanne Pride: {See Exhibit 2A} encouraged and gave him permission to build the Illegal cart barn & work shop, as Mr. Toia, stated in his letter to the Planning & Building 1-17-08 {We had A Workable Solution} — I can break the LAW and build want I want.!! {See Exhibit 2B}. Mr. Toia has shown, he has a pattern of disregard for the City of Palm Desert Codes and Laws as he has built other structures with out permits at the same location. For the record: I did not give Mr. Toia permission to build an Illegal structure with out a permit to over lap and drain on my property. ! I ask you, how does Mr. Toia, get an entire neighborhood where I have had lived for 10 years to conduct a neighborhood Lynching on me? In which some neighbors I do not know, are appalled at me. The answer is simple; he has the same disregard for me, his neighbor, as he does for the City of Palm Desert. This disregard became quite obvious when I removed the Juniper hedge and found a pipe coming from his swamp cooler on his garage roof over the cart barn roof, and over my wall draining on to my property. After removing the hedge, I saw for the first time the impact of the cart barn from my side yard, for the Juniper hedge was very high and dense.{See Exhibit GI For the record: {We had a verbal confrontation}, as I asked him about the pipe and his disregard toward me and my home. Because I am a single women, I feel Mr. Toia thinks he can do what ever he pleases to my property, with no regard what so ever. A Mr. Toia had Robert Stewart, his attorney call me, in which he was extremely rude and harassed me, when I would not do what he wanted. Mr. Toia, then had Mr. Stewart send a letter to me, with threats and black- mail, in another attempt to get me do what Mr. Toia wanted. I have had to pay a large amount of money for attorney fees, as Mr. Toia has obviously been overwhelming with his disregard and very talented with his nefarious orchestration. I have been put thru many painful and stressful months of unnecessary actions. I trust that any further City decisions on this application by Mr. Toia be fair and equitable to my case; and that my necessary objection will deny him the privilege of elimination the Set Back from my north property line wall as required. Thank you for your past and present consideration. Respectfully, Suzanne Pride 46-040 Burroweed Lane Palm Desert, Ca. 92260 MAILING ADDRESS PO BOX 2688 PD,CA. 92261 760-668-5444 7 Tanuary 17, 2008 Ms, L a:uri ylaian - Director of Community Development � s Vie__ Mr. Russell Grance - Director of Building and Safety Mr. Wendell Ortiz - Building Inspector II ..._'y of Palm Desert Waring Fred �'?�ar zg Drive a lm Desert, Ca,._ . Re: Investigation r 07-1 2-008 Cart Bartk located at 46020 Burroweed Lane, It was at this point that the city permit specialist attempted to help us WES it- (I), creatively solve this dilemma. He suggested we design and take out a permit to build a wall from our garage to the common wall. He said that walls were not subject to the same setback requirements and went on to explain that the wall could have a gate or door in it and that this door could even be big enough to...,."drive a golf cart thru". There exists a sketch in the employees a hand writing which depicts this design. (Please refer to the enclosed Exhibit "B-1") We thought this was marvelous progress and appreciated his input. We further went on to address the existing aluminum awning and its esthetic and security shortcomings. It was at this point in time that he made a comment to the effect. ,once we (i.e. the city inspector)perform th finalf }f�1'� (g. s — si a off on the permit. whatyouu do behind the wall is yo 'ness ince we already knew line neighbor was o board with the improvement appeared(we had a workable s lution. w_ I Respectfully, Michael J. Toia 46 20 Burroweed Lane Palm Desert, ...a. 92260 (760) 341-4412 4 2 s...z,ierp, '-' - $,. gre'01: itil.-e• 1" ';', ":14ft ,' •''' ,.. ‘i'Pot ,,. t, '1, •-. , ''i " 't 'Sr --- e • • 'itie t °''' e' : VIA ' 0,I . ( 4 k. n\ -____ 4- --. _ ,- — - ..„......-- ---,-.• - - , 1 -4 4 ,- 00 cA t-.10 c) o 1.) 1: •—i • • 4 a) at eu C/1 -4--" . . ...' •E.,. 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' *-. 3 , • 4 1 ?Aiv "b .6 ,e/ , ,b �u e•Q{� i 6s " ► ems` • ` , �,n mtber • 06 Q.A § .,'60 5/2 5/0 6 n .� , . status, date • 2t ' ' ' ' 0 liN PLMD to R. � E@ .�Q.Q� tatictonambtaltapt => ber• • 0 - . %'s' 1.1..,, pr. • R] RESIDENTIAL SINGLE FAMILY �' • _ 00000 • • * D y' a • A2 /ALTER RESIDENTIAL (OWNER/ p ' 1/03/0 •,•, a: "� tA,.tL . .. c.-..,. .• • ,• •• •. .• AM ENCLOSUR fYs„g, s• ,1 ry`31t1�' . . r .by• • -v • S .cam•rIIt+ e a.t• _..•,..t..1�{,•�l'' ,} 10tGi±1• 0 `leo .a . j • e f r : • WNAg 4 sl qy • V ! • • • • : 2651.90 . . o lt � f•A tglig' : 110=pee.itriorit+iji�iiii add r 7`�' 11112gt -;ot 411 ribdt. ac.fots ri a i On 1-23-06 Mr. Mike Neely, City of Palm Desert Field Inspector came to the home of 46-020 Burroweed Lane. Palm Desert,Ca. 92260. He singed the Final Inspection ► of the Job Card for {GATE ENCLOSURE---STUCCOED WALL TO MATCH • yA_LL {ONLY} Mr.Toia the year of"08" added {CART BARN PROJECT To a LELAL DOCUMENT,Mr.Neely did not see or sign. ,Marc •�''7 _t. a ' :;v, ti,. j <',y, .al:•:• Et i'' aI _ r A.._ .t "901b ."t 3:v iz. ` 0I- (20.°3'(01 l4 �iA.'. T G i(7 t +3 ,t l.�J:ii- ,7F,Yi },,y.,, r) a _ V.�y • +•v �. 7 �t .,o . n4.1,,"r' v ;3 r• t ; + . :d ,4: : Svc ���: i 6. • ,,"' .:E ;ay der ,t�-L _ - - r y1.J''rr : - 1 f J �,R'. i-a d, tsa r �{t� 6. .. fir.1 t 1 's v•i i/ •..• '[.,i6t!•'#.r` 117s-'�i7A &D !AV - , " . . 3 . _42?,f • It2"Li r htkw zNSpar" --Ot:s _ k c . . ." :'. "d . •. .T ' � u { F` • �� •evrsawr,is. f �/ : •,t r5- ,.,,t r PL- ,,13. -- may* � ovs a ¢ aw �r lb, 'Pa ar . 4i�� 'ii .-a.. . i.�� ....'.ray r+4 ','"Z.,,,.... r c ..r ySry,'("�� .J'..{{,,�•ilJ��• �Ji'. �� y._.s'�S. t" .....ram V {r��'; 5. '•'$ a it '� +r+r!i� '�7.' ' ;kt'k�.r t _ �_,ems• J • t r• �� • 1 • ' ,. 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' ,.'''- .;;00*-vio....-,dm-. it•?,- _ ..,.,..ri i ,,...... , • 4 Ao'.11 l'.` ' lir V i ,......N. , .7414111*7-,44t*''''''•' - , k .,- ,,'.....i .: 1 , l,' . • ,. 410 September 9, 2008 City of Palm Desert 73-510 Fred Waring Dr. �e Palm Desert, Ca. 92260 RECEIVED SEP09 2008 Director of Community Development, Lauri Aylaian )OMIMUNII DEVELO!'. ,\i DEPARSENIT Regarding: Meeting at City Hall 1-17-08 CITY OF PALM DESERT Dear Lauri Aylaian, I am requesting the staff names of the Planning Dept. and the Building Dept. of the City of Palm Desert that were present at the meeting that took place on 1-17-08— 11:00— 12:00 with Mr. Toia at City Hall I am requesting a copy of the minutes or what ever was said by both the City of Palm Desert and Mr. Toia. I also need to know, if the letters Mr. Toia has gather from the neighbors dated 1-10-08 were presented by Mr. Toia to the Planning and Building Dept.at this meeting. Will you please call me 760-668-5444 , for I would prefer coming to the office to pick up your letter,rather than waiting for it to go thru the mail. Thank you, Respectfully, Suzanne Pride 46-040 Burroweed Lane Palm Desert, Ca. 92260 MAILING ADDRESS P.O. Box 2688 Palm Desert Ca. 92261 760-668-5444 .. � . : CITY Of PAi DESERT * . -- / ._,.,.Hit,, .. di 1‘ '-.. 1 73110 FRED WAKING DRIVE r PALM DESERT, CALIFORNIA 92260-2578 4 4_ TEL: 760 346-0611 ‘?i i, FAX: 760 341-7098 1 �,1;t infot palm-deserc.org Y7'e-- y,,,,,.‘c" 3c#:: es) INVESTIGATION REQUEST FORM Case# Date: Jc 7:2, ` 6 Timer r3(2} prvi Taken by:- \f-N0j,c-e_An . . _ Address where complaint exists:0,OO E(.4_4(rok)2ect li -r< Name of Complainant:P4 tie( ¶27L4 Phone No: >6O -- G -S `C Y If telephone number is refused by complainant or is not requested by the person taking the request, the investigation will be assigned a lower priority. Description of complaint: 61), t V cLh"2 Ok]- C wv wl- LOP- I. 1C '1 K1\ a_ r Q__CP,JF iSL JNO,Qe- C): -..\ -\a_C2( '\\--) -CriCC\\ ,LDCA\ t 2/31/07 - lielp : • ' ar Dle,<' /f)c) ,/de ..ems.:. . �.rw. PiAtmvi l'17 G 7 � e Ld' M '0. ,Qt Jtr. 7 1.J Hhr,t D w r 04-f re,viz-84 wrowicri r Does complainant feel request is a life,health, and safety issue? Yes Z No ‘ Property Owner J ,Z AlU i -0F Phone No:7 U - ��L0?j c----tf Yy Owner Address:Y() _ r f oc �Q 4 v e ?:f.....Owner occupied D.44-,d&I As 4 A der Arithire 0 Tenant occupied a Vacant/abandoned /(O Tenant Name: Phone No: G:BldgSftyAl Jimenez.Word Files Forms.lnvRegForm.doc ............ CITY OF Pin DESERT • . . 73-510 FRED WARING DRIVE Pad PALM DESERT, CALIFORNIA 92260-2578 1 r. TEL: 760 346-0611 6-061I `'"4, n : •• FAx: 760 341-7098 ay ........ info@palm-desert.org September 15, 2008 Ms. Suzanne Pride P.O. Box 2688 Palm Desert, California 92261 Dear Ms. Pride: RE: September 9, 2008 Letter In response to your letter dated September 9, 2008, the attendees at the January 17, 2008 meeting were Michael and Marianne Toia, Building & Safety Director Russell Grance, Building Inspector II Skip Ortiz, and me. No minutes were taken at that meeting. Enclosed is a copy of the documents submitted by Mr. and Mrs. Toia at that meeting. Please let me know if I can be of any further assistance. Sincerely, Lauri Aylaian Director of Community Development /tm Enclosure: - January 17, 2008 Documents from Michael and Marianne Toia Pa�PRINTED ON RECYCLED PAPER Yi ; ) - y 0 1 (°liar'3: ., 41,,,--, dr. I1l k'. ] -' ., .. spa �` ` : x;- '-rmot ` �� Marianne and Michael Toia Agli46020 Burroweed Lane r Palm Desert, Ca. 92260 tt 4;< Cartbarn Investigation ` 4 x #07-12-008 x / ', i January 17, 2008 Ms. Lauri Aylaian - Director of Community Development Mr. Russell Grance - Director of Building and Safety Mr. Wendell Ortiz - Building Inspector II City of Palm Desert 73-510 Fred Waring Drive Palm Desert, Ca.92260. Re: Investigation# 07-12-008 Cart Barn located at 46020 Burroweed Lane. Hello, We are Marianne and Michael Toia and have owned the above referenced residence for over five years. During this time we have worked very hard to improve and beautify our home as well as our surrounding community. We have always been conscientious to work with the city and interact with the neighbors. The cart barn in question is two years old and until now has always been viewed in a complimentary manner by all of our neighbors and most specifically the one living right next door. Prior to constructing the present cart barn there had been a wooden gate with an aluminum awning structure located at the same points and extending to the same common wall. This 25- 30 year old car port was outdated and quite unsightly and additionally it was extremely susceptible to vandalism. (Please refer to the three enclosed pictures marked Exhibit "A") Late in 2005 we began to explore the potential to replace this structure with something more esthetically pleasing. It was also about this time when we first discussed our intentions with the neighbor, Ms. Pride. She was in total concurrence with the replacement of the antiquated structure and voiced total support to improvement. We wanted to construct a golf cart barn that would contribute to the curb appeal of our property while at the same time provide protection from the elements and vandals. We began discussions with the city departments and in the review of our sketches we were advised of the four foot set back requirements. To decrease the width of the proposed structure by four feet was not viable. At least in its previous awning state it provided golf cart shade from the direct sunlight. My wife and I conveyed 1 our extreme disappointment to be relegated to no improvement options and were not happy to be saddled with the trailer-park-like structure that existed. It was at this point that the city permit specialist attempted to help us creatively solve this dilemma. He suggested we design and take out a permit to build a wall from our garage to the common wall. He said that walls were not subject to the same setback requirements and went on to explain that the wall could have a gate or door in it and that this door could even be big enough to "drive a golf cart thru". There exists a sketch in the employees hand writing which depicts this design. (Please refer to the enclosed Exhibit `B-1".) We thought this was marvelous progress and appreciated his input. We further went on to address the existing aluminum awning and its esthetic and security shortcomings. It was at this point in time that he made a comment to the effect ...once we (i.e. the city inspector)perform the final sign off on the permit, what you do behind the wall is your business. Since we already knew the neighbor was on board with the improvement it appeared we had a workable solution. The permit was issued on January 6, 2006 and we received final inspection and sign-off on the initial wall with golf cart opening on January 23, 2006. (Please refer to enclosed Exhibit "B-2".) The balance of the construction to replace the awning with a weatherproof and vandal-proof roof went on for a few more weeks. During this period said approving /now complaining neighbor visited this work site on approximately five occasions. On each and every visit she was extremely complimentary and pleased with the project. She commented at one point on what an improvement it would be over its predecessor. (Please refer to enclosed witness testimonial letter of Juan Munoz marked Exhibit"C".) This barn is now a full two years old. We have heard nothing but positive comments from said neighbor regarding its presence all this time. In fact, she has during these past two years planted fleas trees on her side of the wall to coordinate the look of what already exists on the opposite side of our driveway. On Wednesday December 12, 2007 we had a verbal confrontation over an unrelated matter with said neighbor. My wife and I are one hundred per cent certain that as a result of this confrontation she has lodged this complaint. It is quite obvious to us that for two years everything regarding the cart barn has been fine and now suddenly she has decided she has a problem with this structure. This argument was witnessed by the gardener, Juan Delgado, who maintains both properties. During that argument said 2 isoe neighbor even made reference to the effect that she had indeed given us her approval and concurrence to the cart barn addition two years earlier. We believe you will agree upon reviewing the enclosed pictures of subject golf cart barn and the surrounding structure that it was tastefully designed and blends well with the existing home and community. To this point we have included numerous testimonial letters from nearly all of the immediate neighbors on this street. (Please refer to testimonial letters attached as Exhibits "D-1" thru "D-11".) All of these letters were written by people who did not hesitate to come forward and quite frankly were appalled to hear of this development so long after the fact. We have taken the time to enclose pictures of our property as well as three other identical set back situations which presently exist within eight or ten properties of our home. In each of these three cases there exists only a single four foot space between the two properties and all of the garages rest on the plot line, in contact with the common wall. Additionally included are some examples where there is zero space between the structures. (Please refer to enclosed Exhibits "E-l" thru "E-5".) We understand that specifications change over time, but still maintain that our appearance and look is fully consistent with the homes on our street. My wife and I have worked very hard to improve our home and the surrounding community. All of our neighbors have been extremely complementary and supportive of our efforts and routinely voice their appreciation for our beautification of their neighborhood. We are hopeful that the City of Palm Desert will also agree so that we may conclude this matter in a fair and reasonable manner. Thank you for your consideration on this matter. Respectfully, Michael J. Toia 46020 Burroweed Lane Palm Desert, Ca. 92260 (760) 341-4412 3 e,6115/TS'11 The pre-existing :,.-: I %` 1 carport was more 4� . , p ya than 25 ears old. It 'I - consisted of a nine " , foot wooden gate �yt with an aluminum roof structure that ' =''f f.' extended from the t _ , garage to then common wall. 1 ; „Iwo:, Cr . (. ' .1 - 440: - - . ,. ,, ... ,,,_._ A,* - ,, The gate was very Y j l - heavy and dificult to a P open and close. It was quite an eye sore, was subject to t I the elements and 1 Y d posed a security / vandalism issue. 1. ;, It _ r t ` ,# .. _,,,, „ ,_. #� "� f .„: it,„. ,..... . .T ,,..:::,,:: :4_ i 'Y!. 7 i . .. • . 1111511° " lb- 1 ei . • / ,t. • 4040tellit ,0,, , ___. , ., 4... ...1‘....,_ .",• 1.-...," ... d'•.:A X.. =4••=, . t 4-,'r, , ,.,, „:. ,..;,...,. - $ .-N,„,,,,,,...dr.„-z-7:',...1•.....!,41,‘`....4.=NA.Sk`id:=. .....:- .. .. ,........,"t.•••::`,„"if--,. .,, 444;3...''',N, '..1.:1 k,sl, r. , .,1: ,Pt --_tik..,2'.... -- ...t ''''\ %V' '°,;.' 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Ili ..,.:,),_ f *L. ... ilk _ ... ,_ . . . _ .. . , , . . 41110z,.. a _ . . ..,. aj Ek .� . �, . 4 N EXt 1RIIT " C." January 08, 2008 City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA.92260 To whom it may concern, My name is Juan Munoz and I worked with Michael Toia in the construction of his golf cart barn over the period of January 9, 2006 through February 23, 2006. During this six week time period I observed Michael's neighbor, Susanne Pride, briefly visiting the cart barn site on approximately five occasions. At each and every of these visits she viewed the progress with only positive comments and on at least one occasion made the observation to the effect that it will look so much better than the aluminum awning that had been there for so long. She clearly had knowledge of this project and appeared quite supportive to have the improvement. As a result of meeting Ms. Pride on these occasions, she subsequently hired me to do some projects at her residence. I do not think it is fair to give a neighbor your approval on such as the above matter and then to take the following course of action two years latter when you are upset with that person. Regards, ' ` 7` Juan Munoz 2136 N. Jacques Drive Palm Springs, Ca.92262 (760) 641-7823 J (#J5'i "b- I4o January 12, 2008 To whom it may concern: Mr. and Mrs. Toia of 46020 Burroweed Lane, Palm Desert are neighbors of my mother's. My mother has lived in the house across the street for many years and has watched their house be occupied by a few different owners. Over the years they have become friends and while my mother has become quite ill and I take care of her, I'd like to take this opportunity to express the things she has said and I have noticed about that property. Being a retired real estate broker she always took an interest in the upgrading of any home in that neighborhood in the interest of property values. The previous owners attempted some cosmetic improvements that while well intentioned I'm sure, came out looking less than professional, incomplete, and esthetically unpleasing, much to the dismay of my mother each time. Since the Toias have owned the house there has been a complete transformation to say the least. The house now has become one of the few in the area or on this street, to look as well cared for or as complete. The curb appeal has improved 100% and all the improvements have blended well. It has come to our attention that there is an issue specifically with the appearance of the small garage area where they keep their golf cart. We believe that their improvements are tastefully and professionally designed to complement their own house and that of the neighborhood. Looking across the street at their home has been an enjoyment to my mother and myself and should be left as is. Mr. and Mrs. Toia are friendly neighbors who are well liked. They have shown themselves to be responsible homeowners interested not only in the upkeep and beautification of their own home, but helpful and responsible to the neighborhood as a whole. Please feel free to contact me personally regarding this matter if you would like any further comments at 346-4466. Sincerely, • Deborah White for Lois Bradstreet 46055 Burroweed Lane Palm Desert, CA 92260 346-4466 LIP114°, 817 1)‘17 January 10, 2008 City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA.92260 To whom it may concern, I am a neighbor of Michael and Marianne Toia and over the past few years have observed the exterior beautification process that has taken place at their residence. While at the same time they have improved the appearance of their home, they have also contributed to overall appearance of the immediate community. I am specifically aware of the golf cart barn in question and would like to be on record that I believe it was tastefully constructed to blend in well with the architecture of the home and surrounding area. I support any efforts on the part of the city to approve and allow this cart barn to continue to exist in i present form. , Regards, 4, ;,/di/ Stan Smith 73-526 Ironwood Street Palm Desert, Ca.92260 (760) 346-4335 ff$(1#415/ " z4 Mary Helen Kelly& Kathleen Kelly 46-100 Burroweed Lane Palm Desert, CA 92260 January 10, 2008 To Whom it May Concern: We are two of the co-owners at 46-100 Burroweed Lane, and we are writing to express our experience of the property located at 46-020 Burroweed Lane, currently owned by Michael Toia. This property is at the corner of Burroweed and Ironwood, essentially acting as point-of-entry to our block, which ends in a cul de sac. It's appearance is very defining for the block. For multiple years,prior owners of the home at 46-020 let it fall into complete disrepair. The home was an obvious blight. The yard was wild, and the home was not receiving needed maintenance. The backyard pool became green from neglect, and it was visible from Ironwood to those walking by. This made the home unsafe as well as unsightly. The current owners have completely renovated and relandscaped, making the corner highly attractive. It now is a good match for the very upscale home on the other side of Ironwood. All of the work has been done tastefully, with desert landscaping and coordinated architecture. We have noticed the new golf-cart garage adjacent to the main garage. It is a very attractive addition, integrated with the existing structure so as to appear part of the original design. Consistent with many other homes in the neighborhood, it is built against the plot line. The work done on 46-020 is a very,very welcome improvement to the appearance of our neighborhood and an asset to home values. We applaud the current owners for their effort. Sincerely, 4ficuit Mary el nn Kelly Kathleen Kelly `V eglit err Bill and Barbara Yates 46060 Burroweed Ln Palm Desert, CA 92260 City of Palm Desert January 8, 2008 To Whom It May Concern: We are neighbors of Michael and Marianne Toia and live on Burroweed Lane in Palm Desert. In order to access our property,we must pass the Toia residence whenever we ingress or egress. We have witnessed the beautification process of the Toia residence over the past two years. During that time,Michael and Marianne Toia have done a marvelous job remodeling their home,making a once eyesore property into one of the loveliest homes in the neighborhood. We have seen the transformation process and we have personal knowledge of the golf barn on the south side of their property. The golf barn is very tastefully constructed and blends with the Toia's home and all the other homes in the neighborhood. It is constructed of high quality materials and both the exterior and interior of the golf barn are esthetically appealing to anyone who views the structure. Michael and Marianne were very meticulous in planning and constructing their golf barn and were very conscientious in making sure that it would fit in with other structures in the neighborhood. Please feel free to contact us, if you have any further questions regarding this letter. Sincerely, Bill and Barbara Yates 46060 Burroweed Lane Palm Desert, CA 92260 (760)-346-6327 lS T "1 -•6 1/11/08 To Whom It May Concern: Michael and Marianne Toia have made many changes to their home which have improved the appearance of their home and helped to beautify the neighborhood. The two most striking are the conversion to water saving desert landscaping and the replacement of a tacky looking lean-to attached to their garage with a garage extension which looks original to the house. As part of the neighborhood we thank them for the improvements. We are aware of the dispute initiated by their neighbor and ask that the city approves the garage extension. Respectfully, /n7-664,2&vv. :J.., hi • - Michael and Paula Peters 46160 Burroweed Lane Palm Desert. CA 92260 760-568-9097 414 Egff/ el •ir January 11,2008 To whom it may concern: City of Palm Desert I am a neighbor of Mike Toia on Burroweed Ln. I have watched Mike's additions over the years and think that all of his improvements have enhanced his property as well as the neighborhood. This includes the cart garage he has added. It is aesthetically pleasing and flows well with the lines of the house and property and I support any effort on the part of the City to allow it to exist in its present form. Conrad Kauble 46080 Burroweed Ln Palm Desert er ill b 7 ° City of Palm Desert Building Permits Dept 73-510 Fred Waring Dr Palm Desert, CA. 92260 Jan. 11, 2008 RE: Michael Tor. , Golf Cart Storage addtion, • TO Whom it may concern, One of the things I have enjoyed about this wonderful city of.Palen Desert, and the way they have done so much to enhance the level of enjoyable living, jro those of us that are lucky enough to live here, is their desire to have each individual do, what they can, to bring their property up to a beauti ful level. I for one, think the Thia firmly has done a great deal; in the past .f w years„ to do,just that. The addition of the golf cart storage area has made it possible to remove one more automobile.f om the street. I have no objection to the golf cart storage c rea, in fact I applaud their hard work. Wish we had more people like the Toias. Sincerely, 7://i �C/i l'il.... �/i//72/' t M T. Miller 73495 Ironwood St Palm Desert, CA. 92260 Ergift stir Untitled TO : CITY OF PALM DESERT/TO WHOM IT MAY CONCERN FROM : Don & Jeanne Puckett 46-190 Burroweed LN . PALM DESERT , CA. 92260 REGUARDING : THE MICHAEL TOIA GOLF CART GARAGE MATTER SINCE WE LIVE ON THE TOIA ' S BLOCK.WE WOULD LIKE TO BE ON RECORD SAYING THAT THE IMPROVEMENTS MADE TO THEIR HOUSE , GARAGE ,& PROPERTY HAVE BEEN A BENEFIT TO OUR NEIGHBORHOOD THESE PAST 3 YEARS . THEIR GOLF CART GARAGE FITS IN NICELY WITH OTHER CART STORAGE SPACES IN OUR NEIGHBORHOOD AND ALSO WITH THE LINES OF THEIR HOUSE , IT IS NOT UNCOMMOM AT ALL TO HAVE GARAGES FLUSH AGAINST NEIGHBORING OUTDOOR WALLS AND SEVERAL OTHER HOUSES ACTUALY ARE ATTACHED TO EACH OTHER . r, , 41,:rk THANK YOU ,4 DON & JEANNE PUCKETT Page 1 '/Ve&. C160 lE07 .D - 9 e) -Tar- L1AA' U.• rt) ic-k--Ltej ma icLi/u*ue_ 6,-,4 4-01 1,„,,LQ__i_,LA ri CiNs4L j-ilk 1/, ,-, (Ai ve1,7 104)1/k-b-4 6t +Lk_ Ci-l/z. 4L 4- L- _ lit/` : (*(A-S-4--11 0A. \z. , VtAA- aALD ‘i-Lti-J-( 0)a)m_ TK, kul 746 - 96; - C 675 tkof o.ThN ee_.0 1,W j'ac2.vv) Osuuud - 6(122 ) , °E.-)tfri St/ °I vb.m 10 January 8,2008 City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Re: 46020 Burroweed Lane To Whom It May Concern: My name is Rose VanHook and I am a resident of Palm Desert. My home is located at 46240 Burroweed Lane,which I have owned for several years. I met Mike and Marianne Toia a few years ago and have watched the incredible work that has been done to improve and beautify their home. Not only has it been completed in a professional manner,but also with taste and class. Their labor of love has added value to the entire neighborhood. I strongly support the accomplishments of Mr. and Mrs. Toia,and hope the City of Palm Desert will recognize the same. I can be contacted for any further discussion at,(310 350-5920). Sincerely, P07-1 69a-c_. /110-6-k_ Rose VanHook 46240 Burroweed Lane Palm Desert, CA 92260 ® exmi at h � � � T FROM: Richard& Judith Matza 46-415 Burroweed Ln. Palm Desert, CA 92260 DATE: January 10, 2008 TO: City of Palm Desert To Whom It May Concern: I am writing to you concerning the matter of the golf-cart garage for Michael and Marianne Toia, 46-020 Burroweed Ln. I have watched the Toia property over the last two years and I have noted that it has been consistently improved over that period of time. Mr. and Mrs. Toia have improved the house inside and outside, the landscape and the curb appeal. Their improvements have not only benefited them, they have also benefited the neighborhood by the enhanced appearance of the property. The golf-cart garage was constructed in a tasteful manner and with care and diligence. It fits the design of the house and is consistent in design and placement with similar properties on Burroweed Lane and surrounding streets. I understand there is a complaint about the golf-cart garage, and it seem to me that if there is an objection to the cart garage, it should have been raised earlier, while golf-cart garage was under construction. It is very odd that a complaint shpuld arise more than two years later. I urge you to consider the good intent of the Toia's and to permit the golf-cart garage as is. It will be a shame and an injustice to impose a restriction after more than two years later. There seems to be no objection from others in the neighborhood to the golf-cart garage. Thank you for your kind consideration regarding this matter. Sincerely yours, Richard Matza 760-341-5659 cettia, T " „,// '' This is our ; .v : driveway at 46020 r Burroweed. , , .N Consistent with -T - F the other i examples, the i .„,. cart barn wall is on the lot-line. '_, IIP �`' ' '47. Ts a_.. There still remains a 4 foot ��rs � � � back from 4 s set = - the common r wall and the neighbors home. f ,,, g{ These 2 homes , , i ! A s• —iti.c.„ are located ,,.. -? .. . , _ 46190 & 46240 ,.., „. .. " .... ... . . . , .. Burroweed r ....... . . --41,- r Lane. The garage on the ,,-k-,- „....„ r ._ __ „.,... _ ,_ __........ left is built on . _ ... ._ • _ - „ ----- .. ... . ..,.44,:!--,_ , . -.., ,-‘ - the lot-line. . . ..._ _.. .,.... .,_ ..... .. . . . The total space ..„.., . ,g .., . . .. .. . between the • . .., „ ., , , • _.. structures is „. _ .. ,:„.„--_ .,,,,,,-.7-1,---,-.1.7t,-,,,':-.... ..;.--.,--5,--Z-fi- v-- -.,7&'-'-'-`-'1. .-..... . • -, • ,,— - - .- ---,,,F..,, . approximately 4 _ ____ . • .,, feet. 10, -.A. "_ , 1 - k :e-''''• r•** ,...,.:., ,...„ -=.• . _ - ._ ,.,... ,. - — ..• -. •-- . •it - - , •-•:.- It —, • • • ' ;:-....4 ••,.` - ,4•1:,.. S'„,,- , • -,. , „, 4 .... ., .,., -, .' • , ,..., Xi., .' •S..... .. IP , -.5;1,— - "ovw• ' s ilk . . - ,g.,•,••-> „ ' . .• _ , = • — —-•,-.A,.--_-'z -11.--,f.-•,---.<=:,:-.- _. i 1 These 2 homes itIr . are located at L. , . .. ... ,... . III'. 46250 & 46280 . ....... ,.. .... , . . . _, . . .. . _.. . . . , . ..., . i 46280 Burroweed. The .,,,,,-.„...,40;,,_,,,,,,... ..,,,....,,,,i-,,..,,,..,,,,,..---,,,.. . ,,,..v ... __.. ..._.,. garage on the ._ .... _., ... ,... ,,., , .._.., .„... .-,,,,. ., . left is built on - .. . . . the lot-line. .. ... . t ,,_..,.. • _..... ._ ___ . . , _. . . . .. ... . ._ .. . .. .. ,.., i f-1 --•....:- :.-, ,',.:,- --,•4-*,.----..--•'''..-..'. -: --.- V. -r:-'-;•-.'--. ''''.- '''''''1 The total space between the ... . .,. .,..., structures is ,i_ 4111n •, ,::,..4.:-:„. fvolillit‘ tlii, ., . approximately 4 feet. -'; '-. 4 ' • . , P:'• - ..."'"'"'- '-i.,:,.-,•..••1.1. - ow ,, , ,,, , ,, ,. . r= ''-7..1'.:--..-;..-.1;:$---'-!-- '' 'i•.,:,'--.4,...4.1::, ' - . *-,•_c_4-.,5„4,0',-: -•.Y.-,., '-.-.4...r... -- ., .. rf-=.5f.t''_'_:_1-_-_-f7L.r,v..s1,,,,,,,,,,_ • 1 . . -..., .,' ....- •' , - . ",-'',,,.,i.',.'';..; 'I +-4 4,.--•:_ , ,-----.--;-- , 0 • - _____=-.4,,- - •• • . ..„...,-, • , 4. . . . , „ . • . , _.. - - -•,,,.....„."*-: ,, -1,..„,:• •it„;.. ,. . , . . : _.•-•„,_-_.,*•-;-:.... • :_-.. ,,,,,...,„„„.„-,.: ,. _ ',..:,, • lot 104mai•gr sw4 These 2 homes are located at x; 46080 & 46100 a Burroweed. The right garage is T R built on the lot-line. ..s • The total space between structures is approximately 4 feet. • .... . . ` •• M There are voe • several homes located on Burroweed where a zero set back occurs with both units. , - Ra ':i't} • PECRVED fJ AUG A ZL�O° August 22, 2008 City of Palm Desert PUBLIC WORKS OEPAFI MEtsf City Surveyor CITY OF PALM DESERT 73-510 Fred Warning Dr. Palm Desert, Ca. 92260 R. Page Garner, LS; Senior Engineer/City Surveyor Palm Desert; Regarding; Property Line Survey for property wall in question: 46-020---46-040 Burroweed Lane, Palm Desert, Ca. 92260. Dear Mr. Garner, Thank you for meeting with me and Kevin Swartz,Assistant Planner yesterday in regards to the 1st and 2nd Survey submitted by the Fitch Engineering Co. After hearing Kevin Swartz yesterday, once again confirm the Fitch Engineering Co. has been known to be unethical in the past and you informing me that the difference between the 1st Survey and the 2nd Survey is /2 inch, I am requesting that No Recorded Monuments be put in place by the City of Palm Desert or the Fitch Engineering Co., until a second Survey opinion is completed. Mr. Tioa has failed to comply with Title 8 Chapter 8.70 & 8.70.150 of the Code,by failing to maintain the structure of{ Golf Cart Barn&Work Shop} in reasonable consistency and compatibility with the maintenance standards of adjacent properties so as to interfere with the reasonable enjoyment of my property and to depreciate the aesthetic value of my property . I feel I have every right to protect the value of my property with a second Survey opinion of the property line in question. Respectfully, 3/it-76//7 Suzanne Pride 46-040 Burroweed Lane Palm Desert, Ca. 92260 *MAILING ADDRESS* PO Box 2688 Palm Desert, Ca. 92261 r <.1. t4'. 10 FRED N>iTA?SING DRIVE PALM DESERT, CALIFORNIA 92160 2,78 'TFL: 760 s41-0611I CT y i FAX: 760 34I--7098 R{ E%£s info@palm-desert.org < August 26, 2008 p Ms. Suzanne Pride 46-040 Burroweed Lane Palm Desert, CA 92260 Re: Response to Property line Survey Letter Dated 8/22/08 Dear Ms. Pride, I can certainly appreciate your efforts in protecting the value and aesthetics of your property, but I would like to clarify a statement made in your letter, dated August 22, 2008, in which you state that "After hearing Kevin Swartz yesterday, once again confirm the Fitch Engineering Company has been known to be unethical in the past..." Mr. Swartz reports that he never indicated that Fitch Engineering, Inc. was ever unethical. In fact, Mr. Swartz stated that he has never had any contact or dealings with Fitch Engineering, Inc. Mr. Swartz had me look at the first Property Line Survey plat prepared by Fitch Engineering, Inc., and in my opinion the location of the property line in question shown in his survey could have been better proved out. I also thought that the survey should have been recorded with the County of Riverside in the form of a Corner Record or Record of Survey. Although I had expressed my opinion on Fitch's survey, it is not a function of the City Surveyor, nor the City, to provide information on the location of side property lines. Additionally, the City does not review Corner Records or Records of Survey, but the County of Riverside, Transportation Department, Surveyors Office does review them. The City does, however, provide information on street right of way lines as there is a public interest there. So we sought a second opinion from the Joint Professional Practice Committee, which is made up of peers from the Professional Land Surveyors Community, including the County Surveyors from both Riverside and San Bernardino. The Committee determined that a Corner Record or Record of Survey should be filed. Additionally, I had found documentation in the City records that helped Fitch locate the position of an additional survey monument in Burroweed Lane and consequently fix the position of the centerline of Burroweed Lane; hence, the reason for the second survey and the filing of the Corner Record by Fitch Engineering, Inc. I hope this satisfactorily explains why Fitch Engineering, Inc. filed the second survey in the form of a Corner Record. PRIMED OIL RECYCLED PAPER :?+5 ••• 44; Swam Pik Rsponse to Poperty Line F;t.rvy Leltel August 26, 2008 Page 2 of 2 Should you have any further questions or concerns, please feel free to contact me at (760) 776-6450. Sincerely, R. Page Garner, L - C. Senior Engineer/City Surveyor /bg cc: Kevin Swartz, Assistant Planner Mr. William Fitch, Fitch Engineering, Inc. • CITY Of Mill HMI G:\PubWorks\Bertha Gonzalez\Land Development108-25-08 Response to Property Line Survey doc 0 PRIM OD RECYCLED MEP R CF.W D Ails 2 8 2008 City of Palm Desert D1dMUNI'I'r DEVELO, Jr,;'"RTMENT 73-510 Fred Waring Dr. CITY OF PALM DESERT Palm Desert, Ca. 92260 City of Palm Desert Planning commission; Regarding: Letter given to Mr. Toia from Mary Helen Kelly 1-10-08 : wife of{Richard Kelly} Palm Desert City Council. Mr. and Mrs. Robert Kelly, Live 3 homes to the South on Burroweed lane from Mr. Toia. It seems to me unethical and a conflict of interest for the family of City Councilman Richard Kelly,to SUPPORT and APPLAUD an Illegal Structure built with out Permits and with out Safety Inspection. The illegal structure built by Mr. Toia, does not affect the property value of their home! How do I receive a fair hearing and support from the City of Palm Desert? Respectfully, Suzanne Pride 46-040 Burroweed Lane Palm Desert, Ca. 92260 *MAILING ADDRESS* PO Box 2688 Palm Desert, Ca. 92261 760-668-5444 J . K P S r Mary Helen Kelly&Kathleen Kelly 4b-100 Burroweed Lane Palm Desert CA 92260 i January 10,2008 To Whom it May Concern: We are two of the co-owners at 46-100 Burroweed Lane,and we are writing to express ow experience of the property located atAb-020 Burroweed Lane,currently owned by Michael Toia. This property is at the corner of Burroweed and Ironwood,essentially acfing as point-of-entry to our block, which ends in a cul de sac. It's appearance is very defining for the block. For multiple years,prior owners of the home at 46-020 let it fall into complete disrepair. The home was an obvious blight. The yard was wild,and the home was not receiving needed maintenance. The backyard pool became green from neglect,and it was visible from Ironwood to those walking by. This made the home unsafe as well as unsightly. The current owners have completely renovated and relandscaped,making the corner highly attractive. It now is a good match for the very upscale home on the other side of Ironwood All of the work has been done tastefully, with desert landscaping and coordinated architecture. 1 We have noticed the new golf-cart garage adjacent to the main garage. It is a very attractive addition, integrated with the existing structure so as to appear part of the original design. Consistent with many other homes in the neighborhood, it is built against the plot line. The work done on 46-020 is a very,very welcome improvement to the appearance of our neighborhood and an asset to home values. We applaud the current owners for their effort 4 f Sincerely, )/I It )12.16-VI , 1. larkou V1 t� Kathleen Kelly R CEI V ED AUG 2 8 2008 IMMUNITY I DEVELOPMENTTY PALM D PM.TM MT CT City of Palm Desert 73-510 Fred Waring Dr. Palm Desert, Ca.92260 City of Palm Desert Planning Commission: Regarding: Variance Application {Site Plan} submitted by Mr. Toia-6-20-08 Planning Commission; REVIEW, OWNER AND/OR OWNERS AUTHORIZED AGENT AFFIDAVIT Foregoing is a true and correct under the penalty of perjury Respectfully, v a ge Suzanne Pride 46-040 Burroweed Lane Palm Desert, Ca. 92260 *MAILING ADDRESS* PO Box 2688 Palm Desert, Ca. 92261 760-668-5444 s I • • fi d q if,' ' ,,,..—A 1 {, .yg 'S F 4. (!.' pai'8' +1' j/ t 1 ,k °ems' , - r' d! 4 � yr" 7 46-202 Burrwoeed Lane, Palm Desert, Ca 92260 YEAR OF 1061 Mr. Toia built Bedroom & Bathroom onto the back of his Garage in the year of"06", as confirmed by Site Plan he submitted to the Cite of Palm Desert, Ca. 2-10-06 YEAR OF 108} Mr. Toia is submitting a Site Plan for Variance to the Cite of Palm Desert 6-20-08 in which, under the Penalty of Perjury he is not disclosing the Bathroom & Bathroom, he built in the year of"06" far they were built with out Permit or Safety Inspection. He is now calling the add on to the Garage "Exerciser Room" This is one of many examples, in which PERJURY, by Mr. Toia is on going '. .... .1- ...,..' _ -. ;"-,1.--77.-V-M'-•?.."9-.,,--7,--..-7i.---:,--7,-.-,..._ ..„,,,,-,-,-,-_,--7,:-..,------ ..... ___..._ ____________,_____ _-- , ---. --• ''.7,' (s_. ..1. ........? . .. - ....-- ...„..-7......\ "..e..", .7. . ...,..: .,,,,..... 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''''... p. . . . , . . • :-.,,,, -- F; .• +. ; i-'-.. , . -........-,.. . .. __.- . • -,.-- •-• 4.ii , . .-,:',' -_. -__ •-...-•, "‘VkOWQ4,‘^-t-!:,.-"-----•1141.7=7-__-_7.7 . - -.'=.-i;--1'...•,,,---....-;`,-;'-,''''.-,.,.-7..'":....--;-.<.--'-.., •-•;?_7:4‘''!'-'-'-'-WI'''''''''-'--''- '- --''-:1 . ... . _...•••.c-,- ------- -"-% / E''" • fr C) ........_. I'--. _) INNIONSionink ,'-:.%•::W L.1.3::::',1.).23 f..";Z1V-rIEV. 4_,,,,,IE (? -‘:,-':,., 1 -�- 4(.00`2015CATZLOWF-e0 !2 - S5 --.fig . PLM / rEms. 347Z ' a z moo! s- � ' 9RETerSOWZ®,0l (Cr• Cc -- A k L.i../E . ,'�) 2`�Q.. tom -f -.• — — ..L- — — — —_ — — — —. '9, / = .Y I.. •'. ti.:- W ...w. , • } ? .� n.Ai _ rye^ " ' Z.. z'ice ...) : J , 7 (7A _1 Ili). 6 :7:..:_ ii.5 ,-,,,NT, il __,.,.7 • ./ / i ' � -_ • l ;SST i _ •, --,'.---- --3'--� ce— y _ r ' _- 7. 41/40, City of Palm Desert Variance Application OWNER AND/OR OWNER'S AUTHORIZED AGENT AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY'OF PALM DESERT ) (we), lAte-kiit et- -ro(ik being duly sworn depose and declare to the best of A4 y knowledge that the (my/our) foregoing is true and correct under the penalty of perjury: EXECUTED AT: PM-Pt 2)E5 elz-r CA Li c (CITY) (STATE) DATE: 112.0 /0 0 (MONT (DAY) (YEAR) APPLICANT, OWNER AND/OR OWNER'S AUTHORIZED AGENT: MICI4AEL. -Tv (Print Name) 114-e'0"14-e (Signaturei \\..) 14bo2.0 DyieRovaa..eNri LAio•e_ (Mailing Address) PA-0-A DZSee----i l22 '° (City, State and Zip) C77 ba) -4-4-1 2- (Area Code)Telephone Number • REcr:,,INTED AUG 28 2008 err OMMUNY' 2° Fi,;. •',TMENT CITY OF PALM DESERT CITY OF PALM DESERT, CA. 92260 PLANNING COMMISSION "VARIANCE" OBJECTION TO APPROVAL OF "GOLF CART BARN" "WORK SHOP" STRUCTURE 46-020 Burroweed Lane, Palm Desert Submitted by Suzanne Pride 46-040 Burroweed Lane Palm Desert, Ca 92260 r • Nome 4.00, Now August 26, 2008 City of Palm Desert 73-510 Fred Waring Palm Desert, Ca. 92260 Palm Desert Planning Commission; Regarding :OBJECTION TO APPROVAL Variance Application, (with—in set back code} 46-020 Burroweed Lane Palm Desert, Ca. 92260 The Shadow Mountain Fairway Cottages on Burroweed Lane, Palm Desert were built in 1972,before the City of Palm Desert was incorporated. The Cottages are extraordinary circumstance of homes, in which some of them share a common garage wall and others share a common living room wall. 36 years ago,the developers of the Shadow Mt. Fairway Cottages had the Integrity and Wisdom to maintain Legal Set Back Code standards of adjacent properties so as not to interfere with privileges enjoyed of such properties in the same vicinity and under identical zoning classification for Safety, Privacy Aesthetic and not to depreciate the property value. There are 2 sets of Cottage homes sharing a common garage wall, a total of 4 homes, of which {1 is my home). On the other side of the street, there are 8 sets of Cottage homes sharing a common living room wall, a total of 16 homes. All Cottage home owners on Burroweed Lane sharing a common wall have privileges enjoyed and are not deprived of Safety,Privacy,Aesthetic and Property Value, for the Legal Set back Code has been maintained and enforced. Mr. Toia has submitted pictures of the shared common garage walls. He states: "where a zero set back occurs with both units".{ 1 of which is my home}What he fails to show, is the other side of the cottage homes, in which ALL HAVE LEGAL SET BACK CODE rNFORCED, to shared a common wall on one side of your home and not have, Legal Set 1113f4 Code on the other side of the home,would be detrimental to the Safety and Welfare of the home, My Cottage home is now, the only home on Burroweed Lane in the same vicinity and under identical zoning classification not to have the privileges enjoyed for Safety, Privacy,Aesthetic and Property Value. r Page-2 August 26, 2008 For all of the forgoing reasons I request that the Palm Desert Planning Commission exercise the authority granted to it and deny Mr. Toia's Variance request for Golf Cart Barn and Work Shop with in set back code. Respectfully, tiXilig Suzanne Pride 46-040 Burroweed Lane Palm Desert, Ca. 92260 *MAILING ADDRESS* PO Box 2688 Palm Desert, Ca. 92261 760-668-5444 New CITY OF PALM DESERT ARCHITECTURAL REVIEW COMMISSION .• CASE NO. MISC 08-40 OBJECTION TO APPROVAL OF 'GOLF CART BARN STRUCTURE' AT 46-020 BURROWEED LANE, PALM DESERT, CALIFORNIA I. INTRODUCTION Suzanne Pride (hereinafter"Pride") is the owner of the property located at 46-040 Burroweed Lane, Palm Desert, California(the "Pride Property"). The Pride Property is bordered on the north by the property owned by Michael and Marianne Toia(hereinafter"Applicant") at 46-020 Burroweed Lane. A `common' wall stands between the side-yard of the Pride Property and the structure built by Applicant. No set-back exists in Applicant's side yard due to the structure which has been erected virtually on top of the `common' wall between the properties, running a distance of approximately 25 feet in length. The height of Applicant's structure exceeds the height of the `common' wall between the properties. The roof of the structure is situated and constructed in such a manner so as to drain directly onto the Pride Property. The structure is attached to the top of the `common' wall, as well as being attached to both its north and south `faces' without Pride's permission or consent. Applicant seeks `retroactive' approval by this Committee of the illegal, non-conforming structure built in the side yard set-back. Pride objects to the approval sought by Applicant on numerous grounds as set forth herein, and respectfully requests that this Commission deny Applicant's request. II. HISTORY OF THE `PROJECT' A review of the City of Palm Desert's (hereinafter the "City" or"City's") Building Department files confirms that Applicant sought a permit to construct a 'Gate Enclosure', with a stated value of$1,000.00 in January of 2006. The permit was issued as requested based upon the plans and drawings submitted to the City. The City's building inspection records indicate the "Gate Enclosure"was inspected for `rough framing' and 'lath nail' prior to undergoing and passing its final building inspection. After passing final inspection, Applicant inexplicably and in direct violation of multiple 1 • sow provisions of the Palm Desert Municipal Code (hereinafter the "Code"), undertook additional non-permitted construction in the area of the "Gate Enclosure". There is no indication in the City's file that Applicant sought or received approval from any City department for the additional construction. Thus, without benefit of approved plans, a building permit, a survey of the property boundary, or building inspections, Applicant `re-modeled' the "Gate Enclosure" into a workshop and 'Golf Cart Barn' for which approval is now sought, and for which construction has been ongoing as evidenced by the photographs submitted herewith as Exhibits 'A' through `I'. III. THE CITY'S GENERAL PLAN Palm Desert's Comprehensive General Plan(hereinafter the"Plan") contains both Housing Elements and Community Design Elements which were adopted by the City on or about March 15, 2004. The Plan's Housing Element sets forth at p. III-101 that current `development standards in the City do not represent an over-restrictive condition', further stating that the City enforces the Uniform Building Code (UBC), and `cannot adopt standards that are less stringent than the UBC'. The Community Design Elements are enumerated beginning at p. III-135 of the Plan. The Plan quotes California Government Code §65302 which requires in pertinent part that the Plan set forth a statement of policies including objectives, principles and standards for community design and development. The City is responsible for compliance with its Plan by `implementing the essential goals and policies of the Community Design Element' (Plan p. III-136). Although the Plan recognizes the need for both `flexibility and sensitive design evaluation, it further mandates that `unsatisfactory development proposals should not be approved', going on to state that the principles of unity and stability to the community can be maintained through adherence to quality land and site planning and architectural styles. (Plan p. III-140.) The Plan makes clear that planning and design criteria assist in determining a project's compatibility with the surrounding area, specifically stating that building and structural setbacks are part of the criteria to be used in determining whether a project should be approved (Plan p. III-141, emphasis added.) The Community Design Element of the Plan considers its 'most effective instrument' to be the Zoning Ordinance and associated development codes and guidelines establishing specific standards, design parameters and guidelines for site planning, building and landscaping. (Plan p. III-151.) A complete review of the Plan and its objectives leaves no room for doubt that `aesthetic blending with the existing home and surrounding community' is only one small factor to be considered in determining whether or not to approve a plan, or in this case a structure. Building and structural setbacks, health and safety considerations, and the rights of adjacent property owners must also be carefully considered before allowing the integrity of the Plan to be 2 'fir✓ `ter' compromised or violated for the convenience of a select few such as Applicant who `build first `err and permit later'. IV. ARCHITECTURAL REVIEW COMMISSION JURISDICTION AND OBJECTIVES Title 25, Chapter 25.70, §25.70.010 of the City's Municipal Code (the "Code")provides for establishment of the City's Architectural Review Commission, and sets forth the objectives of the Commission. Specifically the Code gives this Commission the right to deny projects such as Applicant's which are not in conformance with the City's building guidelines. In order to approve an application, §2.25.70.090 requires the Commission to find the following: A. That the proposed development conforms to any legally adopted development standards; B. That the design and location of the proposed development and its relationship to neighboring existing or proposed developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; and that it will not unreasonably interfere with the use and enjoyment of neighboring existing or proposed developments and that it will not create traffic hazards or congestion; C. That the design and location of the proposed development is in keeping with the character of the surrounding neighborhood and is not detrimental to the harmonious, orderly and attractive development contemplated by this title and the general plan of the City; D. That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors and that it is aesthetically of good composition, materials, textures and colors; E. The proposed use must conform to all the requirements of the zone in which it is located and all other applicable requirements; F. The overall development of the land shall be designed to ensure the protection of the public health, safety and general welfare. (Ord. 326 (part), 1983) As set forth herein, and as shown in the attached photographs, Applicant's structure fails to comply with a number of the required findings. The structure was built without a permit, in the side yard set-back, without the benefit of required building inspections. It exceeds the height of the `common' wall, is attached to the `common' wall, drains onto the neighboring property, is shoddily constructed, and is causing damage to neighboring property. The Application must be denied, and this Commission is well within its power to deny it. 3 V. THE STRUCTURE AS LOCATED AND BUILT CANNOT BE APPROVED Pride alleges Applicant's structure violates numerous provisions of the City Code as well as the LJBC as currently located and built. These violations include but are not limited to the following: 1. The structure encroaches on the minimum side yard set-backs established for both R-1 and R-2 zones in the City. The structure has no setback whatsoever along approximately 25 feet of the south wall of the side yard property line in direct violation of Code §25.18.070 C requiring a side yard set-back of not less than five(5)feet.Applicant's request to this Committee contains Applicant's admission that the structure is built within the required side yard set-back, leaving a mere four(4)feet between Applicant's structure and the windows and sliding glass doors located on the north side of Pride's home. The proximity of the structure to the Pride Property is also violative of Section 1613.7 of Chapter 16 of the 2007 California Uniform Building Code requiring minimum distances for building separations and set backs. 2. Applicant's building permit for a'gate enclosure'with a cost of$1,000 was issued by the City on or about January, 2006. Final inspection of the'gate enclosure' was made by the City's Building Department on or about January 23,2006. (Please see Exhibits T and'K'.)As of February 22, 2008, construction continues on the structure, and construction materials were being stored on the roof of both Applicant's home and the structure in violation of Title 8,Chapter 8.70,§8.7.080 of the Code which prohibits storage of building materials on any portion of the premises visible from adjacent properties except during construction conducted pursuant to an active building permit. The City's records do not contain any record of a valid and current building permit having been issued for Applicant's Property,yet construction continues even while this Commission's proceedings are ongoing. Such actions by Applicant not only violate Code,but demonstrate Applicant's continuing bad faith in its dealings with the City, by utterly failing and refusing to abide by the required protocol. 3. The structure is in an'unreasonable state of partial construction' as defined in§§ 8.70.040 and 8.20.020 of the Code. A structure in such a state is classified as an 'unlawful property nuisance' under§8.20.020 A if'any partially constructed building or structure,the building permits for which have expired, substantially detracts from the appearance of the immediate neighborhood, or reduces the property values in the immediate neighborhood.' (Please see Exhibit'L'taken on February 22, 2008.) 4. Storage of construction materials on Applicant's roof creates the potential for serious injury to adjacent properties,their owners and guests. Such storage is also an unlawful property nuisance under§8.20.020 E of the Code. (Please See Exhibit'L'.) 4 sine 5. Applicant has also failed to comply with Title 8 Chapter 8.70&8.70.150 of the Code,by failing to maintain the structure in reasonable consistency and compatibility with the maintenance standards of adjacent properties so as not to interfere with the reasonable enjoyment of such properties or to depreciate their aesthetic or property values. The structure ha; been both poorly constructed and poorly maintained. The defects in the structure are readily apparent even to the untrained eye. Tiles are being stored on the roof,the flashing is loose and coming away from the structure, and exposed cables and pvc pipe protrude through the roof. These defects are clearly visible from the interior of Pride's home as well as the rear and side yards, depreciating both her enjoyment of the home, and the home's value. (Please see Exhibits 'E' and T) It further appears the structure was built by using the'common'wall between the properties as'support' for the structure, clearly endangering Pride's property should the wall be unable to support the weight of the structure, or in case of an earthquake. Without appropriate set-backs being maintained,there is nothing to stop the entire wall and the structure attached to it from collapsing onto Pride's Property; causing serious property damage and/or personal injury. Without the benefit of compliance with all appropriate pre-construction requirements and construction standards, the structure as is violates multiple sections of Title 8 and Title 15 of the Code as well as numerous provisions of the 2007 UBC. 6. Section J109.5.3 of the 2007 UBC requires that drainage devices be constructed to convey drainage to an established private watercourse....,and shall be designed to prevent erosion. Pride's Property is not an established private watercourse,yet the structure is located, designed and constructed so as to ensure all drainage flows to the Pride Property. The drainage pours from the roof onto Pride's side of the 'common'wall pooling in Pride's yard. This drainage is causing both damage to the Pride Property and its landscaping, and creates a health and safety hazard. (Please see Exhibits 'F', 'G' and'H'.) The structure is built directly on the'common'wall between Applicant's property and the Pride Property. The structure is approximately 25 feet long,yet less than five(5)feet separate the southern wall of the structure from Pride's home. The roof of the structure exceeds the height of the wall separating the two properties. The structure encroaches into the minimal space between it and the Pride residence, and the'common'wall is being used as support for the structure built by Applicant. There is exposed flashing on both the front and sides of the structure, and both *or 5 slow Nose flashing and other construction materials have been attached to the top and side of the `common' wall; clearly visible from both inside and outside the Pride Property, (Exhibits `M' and `N') causing a diminution in value to the property, as well as creating an obstacle to its transferability, and the issuance of a title insurance policy upon a desired sale by Pride. These multiple violations of both public law and private property rights cannot and should not be encouraged or rewarded by the City or this Commission, and Applicant's request should be denied. VI. CONCLUSION For all of the foregoing reasons, Suzanne Pride requests that this Commission exercise the authority granted to it and deny Applicant's request. Although the structure may not be objectionable to the legion of neighbors who signed the petition presented by Applicant,those neighbors have not seen or considered the impact of the structure on Pride's Property. The appearance of the structure from Burroweed Lane does not accurately reflect the appearance of the structure from the Pride home or side yard, and in any event, the appearance of the structure as set forth herein, is only the 'tip of the iceberg'. As the neighbor most affected by Applicant's structure, Pride's legitimate concerns should be carefully considered by this Commission and the City, and the structure should not be approved. DATE: March 10, 2008 Respectfully Submitted, Debbie Harris Sherman, Attorney for Suzanne Pride Now 6 40 — l Y xli, f .ff F=k Z4 A it -u 46-020 Burroweed Lane 46-040 Burroweed Lane "Applicant Property" "Pride Property" P H" 4 . x r , .' ac ` • Front views of 46-020 and 46-040 Burroweed Lane • Exposed,unpainted flashing and loose roof tiles on Applicant Property visible from both Burroweed Lane and Pride Property EXHIBITS "A" & "B" iii) Architectural Review Commission Case#MISC 08-40 Objection submitted by: Suzanne Pride—46-040 Burroweed Lane E_ 1 i 6 2,5 • View of structure from Pride Property side yard • "Construction"ongoing as of February 22, 2008 • Applicant's Structure built on common wall • No side yard setback, as required by Code,on Applicant Southern property line ,.4111/0 1 • i '{'on • Flashing on Applicant structure is not properly attached, creating sharp metal edges along the block wall making it unsightly and dangerous 410 EXHIBITS "C" & "D" E-2 `af; r d i , i ' t v_.-#.--- .. :t 1-17 i arm 7. t� ,- yam,°" Lz. �,� s b� • View of structure from rear of Pride Property side yard • Shoddy construction and loose materials pose health and safety hazards to Pride Property 4 y W %d,, e e 4 _ tit _ �t .. ! 0 did"IIr� l in - ass _ " =__ :yam _ • View of structure from Pride Property side yard • Applicant's structure exceeds wall height;roof drains onto Pride Property causing pooling of water and property damage EXHIBITS "E" & "F" 4-3 Soy awe 410 • View of common wall from Pride Property front yard • Note: Drainage onto Pride Property from Applicant's Structure • Note: Please compare to Exhibits J&K; down spouts no longer in place • View of common wall from Pride Property front yard • Drainage from Applicant's structure flows off the roof and down the wall onto Pride Property 4110 EXHIBITS "G" & "H" E.4 • • View from inside Pride residence • Exposed PVC pipe and miscellaneous cables/wires protruding from Applicant's Structure are visible from Burroweed Lane and Pride Property EXHIBIT "I" E-5 „.,,. •.,'-...,..'•;41:,,,, I.1# 41,.5.1':;...'v'‘., 4;”, -•...'-'....-:!...<.:.-ei' • ';',4ii'r,••,,'.41 !;‘r . :;74144.,:-' •,',4 1'' • . •rc•••c. . -,,,,i, , -6,e k 161 ''t- : Q., ?-4:,':•. . :,;,.. 'Nor' '';',';',.1.',::.. - •,. *ssi number . • • . • Of . l•0:,9 4690 -:' •j:.',, ,-...„-,,,..4,,.t,i,l.,.:..e„-5,..,i.,,Tz,.,0-.','-#''1;,:...-•:„,-,„,,,,„,,,,.,`, 4'. 1...St.,,a, t...:-t3. , date 4.: . .- .: CT4.. 2..., , . - 5/25/06 • ,,.• • • 440G. PLMD • 6 irc, ,•,. .. -. , - "weltk.„-_rc , ,,.v• • ,e, ,o . . . - . :, -, •_e " • , tct itutgiterit6t number. . . : 0 . :Art ?-,',.,4:,,, I),,,,,, P.,:.: •, -, .:_ • . ...:.;„:'.... -,., . . ZeorstAff.._-'7,10.1:4 •-• - . • Rk.... . RESIDENTIAL SINGLE FAMILY :4.• c 'i:i;'- k.'• "'",,.4 c .= . . . . .. .. •. A. 4.0. , A.P ' ' ' * D/AL'i.tat RESIDENTIAL (OWNER/ 'te. 041tetettlitn*:1. "'L --;"- .,r • • • .• • •i 1/03/06 . • .. . ..- .. . . orettolUt tt00404. • .. 0 , . ,.. • .! Gaff% ENCLOSUB reasmit •- , - . . . . ltev r lexl by BG •• a . ',*'• , ". ' ' t ' • 1000 Ilt6ieckpit,' .2: '..1„f.0.6 ailla'' ' -.t.• • 0 ' izibli34441011,4 i i,-• ..'itit..e. . . . : NO worloode . . 1.,:-..qtat • • • • • . . :,•,..„, „..:.- • • • . .‘.. .gru , • ,•• . , • • • ' :lbw, • 265150 rifest 1,0,,I:00 Alla.• . . • Pilltifir yse..r3;22011g, Flo-reel . . itatittit: 116 ' . '.. . g,..arnel-- _,:-T• ..,.... ,. . . .. . • li Oat 10Vtic rly titielteeeititio ?lase -. 'A 3iival caics se o . .., _. On 1-23-06- Mr. Mike Neely, City of Palm Desert Building& Safety Dept. came to the home of 46-020 Burroweed Lane Palm Desert, Ca. 92260 He signed the Final Inspection of the Job Card for (Gate Enclosure—Stuccoed Wall To{ MATCH1 Yard Wall ONLY} Mr. Toia the year of"08" added {CART BARN PROJECT} To a Legal Document, Mr. Neely did not see or sign. : - , . . .. — -.. • -- .- :::: -'.- , . :i•-•,..:-.' ..',I:-: . -2,'"-.1„.:?.;'.-'.: ':.. 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L Jc 11i.d) `t-S 'M 1 at ` J fir/` RECEIVED Avg 2 8 2008 City of Palm Desert 73-510 Fred Waring Dr. !MEW DEVELOP:,:ENTDEPARTMENT Palm Desert, Ca. 92260 CITY OF PALM DESERT City of Palm Desert Planning Commission; Regarding: Invite to my home to see view from my bathroom window and back, side yard. Planning Commission, Connor Limont Dear Connor Limont, I invite you to come to my home on Tuesday, 9-2-08 to see the impact of Golf cart Barn and Work Shop on to my property. Respectfully, • t5I&X,cons2-47-e_ Suzanne Pride 46-040 Burroweed Lane Palm Desert, Ca 92260 760-668-5444 . . ......, } )IcK:od likusc- %A I'vrz4 )-a6100(,4 A1,4 Qi_No - (v1041.110(1_ d Id --Ici S44+1 -11(2-1 ' ill\ii )i ,40 ..,, . i .,.. . i - .,....„,... , . ... t • , ' ,.. \,,,_ 1 -4,.. .. • it r, +. i' / 'ililki . 1 111*4°1 •''''.,:4,,,.,:.-- _ . ..,..it. . , t r4 t • / . tklIr - ,ilk ... _ .....„...0,, „„.. . , I ... , .., ,.... , I. _ ( ' 1 A . ,... .,.. .. ' '116 11, iliffi ,:., ._. ,=-:„. ' ..„ ., .40........., . li . - 144 . .: --2......, ® et S L a, a; C 0 L z O L eC O co 3 .3 te Z co cc; I. ,_ C W O Ge N ` aw ae• L a L a a 4, z a; A 4 •o E � A z x o L z c >> -o a, "" i c 4.0 3 a A A o 0 r. E O o a, a, Tel o F" -0 ace N °' 44 _ = v1 Cx 14 c E ,..a OLeta • a, O s o 1CI a , � a ' = o © •— . . . ---+ .. •• u > L vD > � a .may � � r' N 4 P,:l<. � T t s tit '. , -,, _ : ,:l.:1:,:, ,,.i,----,.4i.1,-;,,,:=1.:,:-:k y(Witif. £5f • �� i -- 11 : r,a t t. ; .+; ..,: t � ;. *..d trigiwask View from Bathroom Window Slider 46-040 Burroweed Lane Golf Cart Barn and Work Shop (HIGH VOLTAGE} Power tools are extremely close to bathroom. Noise from Work Shop, invasion of Privacy also the aesthetic of this structure depreciated the value of my property RECF WED D City of Palm Desert AUG 2 8 2008 73-510 Fred Waring Dr. Palm Desert, Ca. 92260 %OMMUMut DEVELOP JekRTMENT CITY OF PALM DESERT City of Palm Desert Planning Commission Regarding: Invite to my home to see view of structure from my bathroom window and back, side yard. Planning Commission, Sonia Campbell Dear Sonia Campbell, I invite you to come to my home on Tuesday, 9-2-08 to see the impact of Golf Cart Barn and Work Shop on to my property. Respectfully. L5C7C<M4.12--WNS Suzanne Pride 46-040 Burroweed Lane Palm Desert, Ca 92260 760-668-5444 SI_ L''t3� 7QocJ4cn it dr' gilt lii, \ 4 4.1idcv, A uu Q.1) - c\mt/2)Q. JO _.v ci7/1-1 -6,11 (2L 11WIR 1/4„„L* . . r jb Of_ . � �t //1111‘ 2�, .,, tl I:1'4 4Ik-- ....,,,._„,.......:,„„. i r1 L 11 ill • - ., 11P VP - ,.-,, 914 . 4, . , .. ... .,4.ftki..1,. _ 1 , i3 \,r It' '4.4'4 1 0 Al i W.', . 4,' ti :IC 'i: ) j 1 .� t . 0. J ¢ i , 'Ili f ` ® yosa 101 eeovo I. � S. U 0 A z CC o 3 x o i Z .y c i cu et ag o a 3 0 L EO — o e0 "° L ;- b ac4 N a� _ 7 � x c E .4Q a. � a .o �A L Of aa t O .0 It IC© O toW O et a 7 L .? 41;D E ON a L oW W x _c C a `" .G y •- y :: 40 4. 40 - .,_, o °' earr _. a �� Az ,� --, N M ' '�r 4*..s ,3 Y y.. 1. . ;.:2:1 .,iii,. _:,......./11,,,:, •' ..-.' '+ [mil YSxt �.- T �../ i i View from Bathroom Window Slider 46-040 Burroweed Lane Golf Cart Barn and Work Shop (HIGH VOLTAGE} Power tools are extremely close to bathroom. Noise from Work Shop, invasion of Privacy also the aesthetic of this structure depreciated the value of my property ILO R FI 'D City of Palm Desert gib 2 8 2008 73-510 Fred Waring Dr. Palm Desert, Ca. 92260 CITY OF PALM DESERT City of Palm Desert Planning Commission; Regarding: Invite to my home to see view from my bathroom window, and back, side yard. Planning Commission; Russell Campbell Dear Russell Campbell, I invite you to come to my home on Tuesday, 9-2-08 to see impact of Golf Cart Barn and Work Shop on to my property. Respectfully, ,5G1-2a0n-SZ-- 4 ) Suzanne Pride 46-040 Burroweed Lane Palm Desert, Ca. 92260 760-668-5444 • ., o0 dlzuUel c ► 1 4/t'Yd‘ j do d c 1) 1,(,1 ,(2.1 0 _Lyiz411-va ci /d) --id (1.44i -174 ( c-z‘cf-zii/t1* i _ _ :., .,.. . ,..,..,, , - _ • CO 1:41H E qiW - i O . — 3 _ 44 ,,z ..,. .;---fv--,,,-.-;,:-...,-_-_:,_, ,iiii4 N el i r - . 6rtft ON r a I r mod- - .1,1 - , '...-4-' - / /{/s r C .. / t Ads 1.1 ill 'C C% air - CJ V I Oi ,p,...--- �~ - ♦ 4 -, � ♦ ` - ♦ 1 �� > + f . , .. . „.. , ._ �' S i 'i „...„_, rx - ". :,• t „.. __ ., , .„,.., , ,.„: r . . ................., _, , _ „ , _ ... , „.. ,4„,,, _,., . .. '?l.. 0 0. O s CD PO 101 • CA A 0 O o L EO ° 0 0. a3. a� v; ax � o s � Q x a > a L o L boL'' 0 s y y �al y {no CC C o Oa O cc x a0 s - LC c�L., W V .E J z I I I I efl i1' a mir j S y 5 • • 1 ow- View from Bathroom Window Slider 46-040 Burroweed Lane Golf Cart Barn and Work Shop (HIGH VOLTAGE} Power tools are extremely close to bathroom. Noise from Work Shop, invasion of Privacy also the aesthetic of this structure depreciated the value of my property kid • RECEIVED AUu 2 0 2008 City of Palm Desert 7O0t1111111 Al YEW GF:PATMENT 73-510 Fred Waring Dr. CITY OF PALM WWSERT Palm Desert. Ca. 92260 City of Palm Desert Planning Commission, Regarding: Invite to my home to see view from my bathroom window and back, side yard. Planning Commission; Man Schmidt Dear Man Schmidt, I invite you to come to my home on Tuesday, 9-2-08 to see impact of Golf Cart Barn and work shop on to my property. Respectfully, Suzanne Pride 46-040 Burroweed Lane Palm Desert, Ca. 92260 760-668-5444 )-a-(©Q XY c)-)c c' ' u 3 • , , • //7_tti-ez,tod, b4Aa___00,10 � i c)4i�I� t9 -bi c d -b4 '�� ---yi/k4 ,..._,..4,4,!..,4•!,. .4.::,t•r?i.2.i;..4_,iii..,„.....•.,.....,. .._,,,, ,..,__. . _ ,..„ .,., . . , . .. , ... .„... ...„...k.„.„:„..,,,,, .., . .... , . . _ . _ , .., ,. .. .. ..„ . . .. _... .. ,. . . _ ...,._ , ,_:_, ,. „. , . .„,:,....., k, . :: r . ' • ...,__•...... , . _... .,,,,•.„4.4 ...„.., :,.... _,...;, . ..•. ._ . ..,. . ,• .... ....... . Iv ,_ . ••,:••••..,. .. . , .,:•„_._ . . _ , . _. . .. . .., ..,, .. .......,. . , ,....„„ , • . :, . . - ,• k4,- , • . y�. .... _..., . . . . . .. •.. _.., .,. ...„ , •i=.... ,. 4. . • di 4 A ill ,. :: ' f ' � 4 g� ,y f l • '',„ ". ••-. '11\st:.., . „ / al / I J E. iii."-..,- 7.:eik...-:,:i. ' 4., a '4 ® o C. ®i>'+ S. L 0 ci; C p L z L z I a ° a 1 'o E U p u z x c ti z . b 6 61 z. C a 0 0 0 EO — o ciJ 6 -o 41 x N 3 tU rz. Itau as CI Cel 0 0 E , L .>_ 4 Ltx a� _ o E = �, s a iwo a CI L C CZ W ,? .E y Lso z I I I 111 N M , P . 4 y- .. (� ,.,_ . .,.,0: i.,. . ,. : , .., sr . ,.,.... , . ( .. .. ... Y • di :Alb sa-a,»"''.war ,Pew.�s.-sue"I ek View from Bathroom Window Slider 46-040 Burroweed Lane Golf Cart Barn and Work Shop (HIGH VOLTAGE} Power tools are extremely close to bathroom. Noise from Work Shop, invasion of Privacy also the aesthetic of this structure depreciated the value of my property e RE(' y I \,T F f� Av, 2 8 2008 City of Palm Desert 73-510 Fred Waring Dr. IOMMUN1 Palm Desert, Ca.92260 t '"''''�°'' KI?TME T CITY OF PALM DESERT City of Palm Desert Planning Commission; Regarding: Invite to my home to see view from my bathroom window and back, side yard. Planning Commission; Van Tanner Dear Van Tanner, I invite you to come to my home on Tuesday, 9-2-08 to see impact of Golf Cart Barn and Work Shop on to my property. Respectfully, Suzanne Pride 46-040 Burroweed Lane Palm Desert, Ca. 92260 760-668-5444 .. 4- )G17 ,0i (i14-wcIr--)s S7-1-4 LfrJ , . . 0 4/b-dcyby &AI al, 10,ig -1/if 4r--vq. did 44 abit+i, -174 i 2_1_, ' --D141 it ..,..,. ..,.. .,. ..,. _ -. ..... ..,- . . .. ..... ...., . . , 1 ;.. . . . ,. = i .>. ,„r ,,,' It „ 1 I , .. ,r- ' 4 : . ;. . , ....., ..„... ... „,.........., . .1..e . ..r...,. . . , c°1-1‘st44- - 0 . 4 I i t e--- i 1/ 4 - / I44 ql, .. .,,. ... ‘, , .... . j. , .. . . II' i -.. . .... . ., 4 ,....., ..„. ,,, t,• r. . i r,...„ ,,, . . . .... ,.. Ub " , -.. : ''';,-2.: ' - _.,... I , - • , f,'t::',V4'-, i''''' !! 1 • I , ,,,1 , i • :i..yy-,,,54' Jr,V i --, , I ' ...• .., , as C) -, . .o. ; .............,..0... .r.. - ' ,....L ... .4.,....s....„6,-...„..- ._ 11W::—.111 . 9 ..c QC iii CLp- c. ON • © "c 44 31.3 CI Up z o 3 x O L Z •y a Min a = o O S. cC ,... o y v C, a 0 y 44 z. = 7 = F x ›. I. y 7 .1 a u m o La tea, •L - 3 Wrt ao a. � © w .C C �' •y • rr �y A 4 a 1 i t 41 I _i.uf : ,, .. .3."4,:,.. ,„_„;_,,,,,,7„,,,..,: .,.-110.4„. „,:,„., , r,m . a i 2 t' 1046114,4, View from Bathroom Window Slider 46-040 Burroweed Lane Golf Cart Barn and Work Shop (HIGH VOLTAGE} Power tools are extremely close to bathroom. Noise from Work Shop, invasion of Privacy also the aesthetic of this structure depreciated the value of my property • - . -1' s._ . _ . Iitir.., , .41._. .,._ ,,,,,..41,__ _7_ it 7.,7,..,_;.„,._ , ,',,, , , ,, , _ . i . d '''.'' ''''' ''''''+'':—'-'[15-'''2'.1';', • -10:4:Si fit§ r -," � ka � % ".4 e r-v. -'4. -' M ' 46-040 Burroweed Lane P.D. Ca. 92260 The picture shows the Pride home shares a common garage wall with neighbor on South side of home. To not have Legal Set Back Code {25.18.07.0-C} Enforced on North side of Pride home is a Safety Concern, Privacy, also Aesthetically would Devalue Property. All other home owners in same vicinity and zone, who share common wall, ON ONE SIDE OF THEIR HOME, have the Privileges Enjoyed to have Legal Set Back Code.{25.18.070.-C} ENFORCED. RECEIVED Avi 2 gr 2008 ;OMMUNiCTY DE r:+k tTMENT CITY OF PALMVEL( DESERT 4 X ) '4 1` -- } . IF; ; '' -� F_- . ' - may .a 46-040 Burroweed Lane P.D. Ca. 92260 Picture shows North side of Pride Home. Golf Cart Barn & Work Shop, 46-020 are built directly up to wall with out {25.18.070-C} Set Back Law Code compliance,which Deprives Pride property of Privileges Enjoyed by other properties in the vicinity and under identical zoning classification Work Shop has many (high voltage power tools}. Bedroom and Bathroom of Pride home are directly next to structure, which is Detrimental to Safety of Pride home. Noise from power tools in Work Shop, is an invasion of Privacy, and Devalues property. South side of Pride home has no set back, for garage wall is shared with neighbor. All other property owners who share garage wall with neighbor, have Set Back Code Enforced, on the other side of their property. City of Palm Desert Planning Commission 73-510 Fred Waring Dr. Palm Desert, Ca 92260 'OMMUN' MENT CIi OF PALM DESERT' Planning Commission City of Palm Desert; Regarding: 6-20-08 Variance Application: 46-020 Burroweed Lane Palm Desert, Ca. 92260. {Mr. Toia} PAGE-1-of Variance Application: 1- Partially permitted Golf Cart Barn}? A- Gate Enclosure is permitted {ONLY} not {Golf Cart Barn}! 2- Mr. Toia states the Golf Cart Barn is 2 '/Z years old A- 1-3-06 - Mr. Toia received permit for {Gate Enclosure Only} B- 5-24-06- Building Final {Gate Enclosure Only} 3- 2-11-06 Mr. Toia,receives permit for 72 SF add on the North side of his home. A- 5-24-06- Building Final 4- "06" Mr. Toia starts construction,NON-Permitted Bedroom and Bathroom on to back of garage on South side of his home. 5- "06" Mr. Toia starts building non- permitted {Golf Cart Barn & Work Shop} A- 12-28-07 - Investigation Request Form submitted for Golf Cart Barn and Work Shop structure B- On going construction 12-28-07 up to 2-22-08 Conclusion The time frame Mr. Toia is stating for partially permitted {Golf Cart Barn-Roofed structure 2 '/Z years old}, is not an accurate statement. There is so much on going construction Permitted and Non- Permitted on both sides of his home; it gives him the opportunity to Orchestrate what he needs to try to get approval. 'tire ,tis P. s Ap i -- City of Palm Desert I Department of Community Development ..,. • VARIANCE APPLICATION . ...; 1.-.- 73-510 Fred Waring Drive•Palm Desert•California•92260•(760)346-0611 • Fax (760)776-6417 Applicant: M C.:Aka_ A N --i o/A Telephone: C'7e0) -*Li-l D Mailing Address: f.-'`2,0 0 U,at'-003. ,-k' -A6•- -- Fax number: ( /4r1e ) City: PAL-fr1 c -c %fL( State: CA Zip: g2.2EcEmail: M :.� 110//k C4.' ii R--it-i l•-i �' , h3l"- (' Property Owner: A Nl e --\ Telephone: Mailing Address: tuber: City: State: Zip: Email: Representative: . . . t''1.C- Telephone: Mailing Address: ax number: City: State: Zip: Email: Please send correspondence to (check one): k. Applicant Property Owner Representative Project Address(s): 7)4k-P-ivt? A .-- /1cD %J{? Existing Zoning: General Plan Designation: Pro e uest: f F ct Rehilt ter DPP i liV L-4" P P—/4/ it ly Ci ,LF C/Z7 J if:Al W>7-!fiA SET- 11.14-4X-. .- tJt� (t-fit IC J J / f,JU �- /' &7 E AT+1 D PLUM M t 1J U" A MJ A)/J A FOP ' Property Owner Authorization: The undersigned states that they are the owner(s) of the property described and herein give authorization for the filing of the application. / 1 c M tc,e*a_ a-—t-OlA 6 fro/o e Signature Print Name Date Applicant / Representative Signature: By signing this application I certify that the information provided is accurate. I understand that the City might not approve what I am applying for and/or might require conditions of approval. Signature Print Name Date OFFICE USE ONLY PROJECT NO: VAR 0 3 6 ) DATE: ACCEPTED BY: \t. 5 Pictures Mr. Toia has submitted showing the "25 year old Carport" 1- The aluminum roof structure was not permitted and had no Safety Inspection. 2- I am not sure the wooden gate is Legal either Does the fact the that this area is an eye sore,was subject to the elements and posed a security/vandalism issue, give Mr. Toia permission to not follow the Legal Code procedures to build a structure ? Or is it because the exciting roof structure was not legal and not Permitted with out Safety Inspection,that Mr. Toia thinks he has permission to do the same? • • The pre-existing carport was r '' s more than 25 years old. It . E ¢ � , A. li consisted of a nine P`°fl foot wooden gate with an aluminum roof structure that extended from the garage to the common wall. j , ! ( t'} +# .pr t N4 r The gate was very heavy and dificult to �0.F 4 ' 4 , open and close. s, bra + r4 ' i , 4 dE '44 a It was quite an eye sore9 was subject to the elements and w � k. �¢ EF posed a security / A ` vandalism issue. x t.. `EE ,, R F' r y pr , Tr kie,047 r , • City of Palm Desert Planning Commission Atir,i 2 8 2008 73-510 Fred Waring Dr. Palm Desert, Ca. 92260 IOMMUN! rMENT Ct11 OF PALM DESER" Planning Commission City of Palm Desert, Ca. 92260 Regarding: Variance Application: 46-020 Burroweed Lane, Palm Desert, Ca. 92260{Mr. Toia} *PAGE-3 - Variance Application: 2- Cost to Modify A- May 8, 2008 - Letter sent by Mr. Toia's Attorney,Robert Stewart page 2:, Paragraph 4 States: The Toia's are committed to the costs associated with The pursuit of this matter to their succsulful conclusion. 2-Negative impact to our property value A- Mr. Toia has failed to comply with Title 8, Chapter 8.70 & 8.70.150 of the Code, by failing to maintain the structure in reasonable consistency and Compatibility with the maintenance standards of adjacent properties so as Not to interfere with reasonable enjoyment of such properties to depreciate Their aesthetic or property value. B- The negative impact of" my property"value was never considered 3-Extraordinary Circumstance A- The aesthetic and view of structure from my bathroom slider window depreciates my property value. B- The noise from work shop { high voltage power tools} is very loud in bathroom 4- Deprive privileges enjoyed A- There are two sets of homes a total of 4 homes on my side of the street that are attached at the garage wall,one of which is my home and seven sets of homes across the street attached at the living room. B- They all have Privileges Enjoyed : Legal Set Back Enforced; for having one side of our homes attached to a common wall and not to have the Legal Code Set back Enforced to the other side of our homes is: Nape *PAGE—3—of Variance Application- {continued} 1-Safety- an Extreme Fire Hazarded 2-Aesthetics& Privacy, Depreciates Property Value 5-Detrimental to Public Safety to Properties in the Vicinity A- My home is the ONLY PROPERTY in the Vicinity effected by the Non Permitted Structure, in which the Legal Code Set Back procedures were not complied with. B- I share a common garage wall with my neighbor to the North, by Not Having the Legal Code Set Back Enforced: 1-Safety: {Work Shop) high voltage power tools 2-Extreme Fire Hazarded 3-Bedroom on North side of my home is next to Non Permitted Structure 4-Noise from {Work Shop) C- After article published in Desert Sun News Paper 2-26-08, exposing,the Toia's did not have a permit to build structure, 90%of neighbors said, "They would have never signed anything, and would rather stay out of the dispute, as it did not affect their property. {Note Dates): on letters and petition {1-10-08) - {1-11-08} 6- Proposed use of site A- Mr. Toia does not disclose {WORK SHOP } in which, it is part of the same Non Permitted structure As {Golf Cart Barn) Conclusion My home is the ONLY PROPERTY in the neighborhood affected by Legal Code Law Set Back Enforcement,the Privileges Enjoyed would Deprive My Property of many Legal Codes,the other neighbors in the same Vicinity and Identical Zoning Classification have the Privileges of Enjoying. The Non Permitted Structure, Aesthetically also the Privacy of my home are Extremely Affected and Depreciates my Property Value. That fact that I share a common garage wall on the North side of my home with my neighbor DEPRIVES my home of EXTREME SAFETY PRIVILEGES. Co City of Palm Desert Variance Application • One (1) set of Assessor's Parcel Map(s)illustrating the subject property and the surrounding property within 300 feet. Draw boundary of subject property and 300 foot radius in red. Complete Supporting Data questions is Section IV V. SUPPORTING DATA: 1. A variance from Section(s) of the City's Municipal Code to permit a: 2. • What particular difficulties or unnecessary physical hardships inconsistent with the objectives of the Zoning Ordinance would result if the va ' n were not granted? 9°R�u SLY* TA�, E PRESENT SAlZU ,444, eV 2 f Pis OLD PN I5SU� Ph9 `� S �� r - T IS �/a7 /t/?EIO 'TS T O I a ullIGL D 5E Pafs iYe i#ID 14414 NM 471 ue 11 pA-cr Tv DGIR. FRO PR?y/ VIVE 3. • What exceptional or extraordinary circumstances or conditions property that does not apply general y fo other properties in the same zone? J9M L wisrlipkyliptuaryimp NAY �R DS 'ia 114 -AI'1 0-17fe Z a E 4. • To what extent would the strict or literal interpretation and enforcement of the specified regulation deprive lN � F�y Db�!D�l��v�� � 1��n4thly same ��S? 14 L NOTi69(Fit, F-ZAL (S&'E A� S 8-1 } 5. ' To what extent would the granting of this adjustment be detrimental to the public health, safety, or welfare, o t pally uno s to pro.- 'es or i ve ents i e vicin�i' ? : i Lei( • p -fi id- —i o P ' - _ '7 oL IN f / r a it .S I 1 i WELL r4S.� D��tdP�D�2-i fi4iy/�t`E�jl' ctsaee , x1�12S,fie d i . Arndt C f 'T�1Rei C146. ' Proposed use of the site (project for which the form is I , escnbe e tI undertaking, not just the current p cati'orl 2:7"al F�inDou 9 g t): 7. Gross Project Site Area: 8. Net Project Site Area: 9. Existing use of the project site: 10. Existing use on adjacent properties: (Example: North, Shopping Center; South, Single Family Dwellings; East, Vacant, etc.) 3 iiCO: 44 0 a A L. a C aco a;A co •o• E co � zc = o to A o c s. EO O a, a. a O '? E- ;•E •- 0., Cg et 4) ai• 0 n N +� 4 o • c ..a s E .aTS te x a > c 0 a- a' - ' o .c CCI tea c o x L •? E i. _ 0a 3 � to a a L W x cl c tz > • L 6 s a O cA at z I I I N M , E} 'i3 i ! ' a., +2 fir • City of Palm Desert Planning Commission Ali; 2 8 21,1,; 73-510 Fred Waring Dr. Palm Desert, Ca. 92260 ,OMMUN, • IMENT CI i i OF PALM DESER"' Planning Commission, City of Palm Desert, Ca. 92260 Regarding: 6-20-08 Variance Application: 46-020 Burroweed Lane Palm Desert, Ca. 92260 {Mr. Toia} Page-5—Variance Application: B. ARCHITECTURAL ELVATIONS: { Show height of new structure } Mr., Toia states; "previously submitted and Approved by A.R.C" a- The height approved was not by A.C.R. b- The height approved was by the Building and Safety Dept. on 1-3-06 c- The height approved was for {MATCH EXISTING STUCCOED WALL}, as Site Plan shows. d- Architectural Review Commission Minutes, March 11. Page 2 of 14; paragraph -1-Mr.Toia states: "To maintain a Consistent roofline of the golf cart barn parallel with The existing garage line, it became aesthetically Necessary to accommodate the {EXTRA HEIGHT} This was addressed with the field inspector and Incorporated prior to his approval for building Final signoff". e- I spoke with Debbie LeBlanc, Building& Safety Technician, She said, "The final signoff did not address {EXTRA HEIGHT}. f- Final signoff,was address by Mr. Mike Neely, Palm Desert Building & Safety Dept.,who came to 46-020 Burroweed Lane P.D.- on 1-23-06 and singed the Job Card {HEIGHT TO MATCH EXISTING STUCCOED WALL "GATE ENCLOSURE" X { ONLY } * Page-2 Conclusion Once again Mr.Toia has Orchestrated, and Under the Penalty of Perjury,the deceit of saying {HEIGHT-APPROVED BY A.R.C.}, he does not fill out the Height questions on the {Variance Application}. {WHY}? City of Palm Desert Variance Application Access and driveway dimensions Location and dimensions of all existing and proposed easements All utility line locations (gas, electric, cable, water and sewer) ADA Ramps, Paths and Path of travel All existing and proposed structures All building setbacks from property lines Building dimensions(include roof overhangs) Location,elevations and height of proposed walls and fences Location of trash enclosures Parking layout with dimensions of stalls, aisle widths, walkways and surface type Map Legend including: Gross and net acreage of parcel(s) Gross and net floor area of structure(s)and type of use Required and proposed number of parking spaces (including handicap) Lot coverage(percentage of land covered by building(s)) Landscape percentage in and adjacent to the parking area B. ARCHITECTURAL ELEVATIONS: PIREVtoUSLY . Show height of new structures from Finished Grade to highest part of the structure, the roof parapets, and gH!IrED each floor. 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I $latfi $, date •' � a as 1 �, • � 5/25/06 PLNID • J7i•ii ' r n!!1 ..,/'� number. • . : O• • 0, t,'t �.�1 ='s:; a J1 � , ". • • �i RESIDENTIAL SINGLE FAMILY 7 t: .V t<i 4 IL i. -- fF,+. . . • . -• • : ' *ADD/ALTER RESIDENTIAL (OWNER / _y • 1/ 3/6 rgonguit �y}/�,b1 Il) .e ,ar �,. -,,• .• �• ,f •qvisv t- •.by••- DV - : ma ,.y s0 rO •Cip�iil� .ii� .L�• • IG •. - ,, ..f Ota • • ..: NO •,,:.,t f :): 4,, y / ''. • • • .• • ••��,,� • 4'65190 u N: .1 ..liguiliggftg rion:rips. *�caics - . ea hfo On 1-23-06-Mr. Mike Neely, City of Palm Desert Building& Safety Dept. came ti the home of 46-020 Burroweed Lane Palm Desert,Ca. 92260 He signed the Final Inspection of the Job Card for {Gate Enclosure—Stuccoed Wall To{MATCH} Yard Wall ONLY) Mr. Toia the year of"08" added {CART BARN PROJECT) To a Le!al Document Mr.Nee did not see or si 1 f - , h � r j 4r '`M - -!. -r?-.1 -1 �;•1 ;.fir' -• • _. 1-4:1 .-. a `--y..�yy ,J_ . i "F+q 3.G0.�. k A S• ,'Y• •k"r yk l,y <• 9,t • •- r r Via- "f: "!'. t .06--(.?V J�'�O /O iJ �,>� k .kf .c •]^ i� y, t�.�r ` r�c . t�'% "A S7CM 4 41.Y' rJ "".,,,-` rt t. ..a"r,.K • l- - 1�.�P�.V-i ,j1 s 3'• WJ'4 f4 •�1:* :' l'f;if l f.c"1../. F ' , 'f>a•. .. }z 4 f • f r .e pie0. - .. .. 1-'44' ,I'r Fit G ' Olk:' loA440.i4', il+ y #t .l tt $t CA 4 2 2 C r< < '4 !' L-- -:...#S*?T. ." ,•:+►,�•►I,r. fuF. •i.'r... "i•;a,,p' , ,1C�''yx4�� -,?,„,..'l/. n f;L �jrwST Jfi -4l kf4 - •3.y ., f s _ r >;r f i� �M 1 L h tM°y�� �p�t� i~e!dy, j.. y(y - -4. 'rs._s .3 ,F.,.iJ4i•.;C'� < w �r C'r . l x ,1" #4 81' 1l 4 g •..A r N A -- .T-1 .. • .! f. ' g x�; .�f�,„ A„rsas..,....wr?iarr•r.r .�' .� 2 y - r • Y ' , . ova 1 Syi 1Y 1 ,,•a;• • • • ra. (:... 'V • AS" • • 44.It! -r f • „ ;,y,:.j�Y�•7t?4.3,.-.A' 11:+•r b.�l.tf:..fdeWY' n'+P .•. El(/► „ 3 " 0 . ARCHITECTURAL REVIEW COMMISSION MINUTES MARCH 11, 2008 A. Final Drawings: 1. CASE NO: MISC 08-40 APPLICANT (AND ADDRESS): MICHAEL AND MARIANNE TOIA, 46-020 Burroweed Lane, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of golf cart barn structure for its aesthetic blending with the existing home and surrounding community. LOCATION: 46-020 Burroweec(.Lane9 • ZONE: R-2 8000 (4) Mr. Swartz presented current photos t . Suzanne Pride's side of wall and asked Mr. Toia to present his'-,,, ments. Mr. Michael Toia, applicant, presented current photos and summarized his structure. He indicated that he has taken some action to remedy some of the concerns of the Commission. At the previous meeting there was =' some concern regarding the undesirable a ppearance ofithe exposed metal flashing on the top of the front wall of both the garage and the golf cart barn. He explained that both the garage and the golf cart barn's front walls . were originally trimmed two years ago and the top edges were trimmed with 90 degree terra cotta etched tiles in order to match !fit ose already existing on the pitched portion of his roof. The motion detection light has been replaced with a light fixture that °ma#cites the other light fixtures on the home. The original_plan drawing of the,height of the front wall in relation to the common wall called for tole to be alike, but when they began to construct the wall they intended to incorporate a 4 foot by 12 foot beam which protruded from the existing garage. To maintain a consistent 7 6,/ e of the golf barn parallel with the existing garage line, it '•ec°ame aesthetically necessary to accommodate the extra height This was addressed with the field inspector and incorporated prior` ® to his approval for building final signoff. Mr. Toia removed the downspout in the gutter located at the common wall. The gutter previously located at the common wall will be moved to the edge of • the main garage structure. This will catch and divert 90 percent of he rainwater from the pitched roof of the house and flat roof of the two car garage. The remaining eight feet of roof section over the golf cart barn would then be re-foamed to divert the water away G:\Planning\Janine Judy\Word Files\ARC Minutes\2008\AR080311.doc Page 2 of 14 -c, trci TiaiLmWse r-Via c1C R Au. 2 FACT CITY OF PALM DESER"' 46-020 Burroweed Lane Palm Desert, Ca. 92260 {1 }- 1-3-06 1 Mr. Toia receives Permit for {Gate- Enclosure "ONLY"} {2}- Stuccoed Wall to Match Existing Yard Wall OAK) 01 JO ,--- 4 _ r Co rir) ri() 1 ,c:61e0 i Ni i CITY OF PALM DESEL. DEPARTMENT OF BUILDING&SAFETY Y/ 73-510 Fred Waring Drive,Palm Desert,California 92260 (760)776-6420 FORM 66623 IICFNSEO CONTRACTORS tELIAPAI)E 14Tdy Arm ner onset d±et,Yta I m lmisti min voters dOropr 9 nrsamnp.69 NNW COIIPB$dll0ll DECIARADCIE I Ann atim t I:A7T d setlry creel In Adei.Rdednion Scam h1p01dOhnn3dhBasisa rdPrJeeirsCole an my kesein Am sverm INn sA entenintim nmh.ues'mOss+minDeEeaaMSena7A0dh Ma Cole ah Detracted h.dbrnsshIn pemisrat J hn at M*WI made'mneea*Mau n wind h Sena,?NO d Iselin Con ale minima n ima d DI net - Die rmmaerl t OW Vienne is Inn*VON mrodndm intact am Vi9.W4Y Untie le Int {Ma seam wed adMamdtedt me portion me.tand Olin W a* ORMERBVIDe 1119Unilet I here ent Ltr rank drfem tills. DCodicns 50sl Inn lna be tang - Tarty hiil tx*ra e d 4.od Wrh tie mil i same is nonplusses I nonplussesa Nell(Sa I Tones led Pi seat Ce se soul Mt n n4 An wen a in. 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II WnR1101I TO THE COST CC CCOPENSVipy sale(Ste SOU.Tenn ad Nouns Cads.The Canvas Sae liar la Ma nil KO b n ors d not Oa bids a Menat OFD ei TOM OF SFE :e•neer AND kid Mew at OP Ow Tell Rd lifedl atarpin Phi Oa umbiort Patti Mg id*awn*in rid lodti°rem a salt IL � lw{i :I nelqahm mitprnv d;env in Ti.is/ kW!long fo be penny d rein win neaid;gseSyomwsk soil.itimde yard cn en Me errand oil toe h twee dpstg.hesrste all laewlses aatm hemline lSIVITIT,Ci. ). awn ah pupa ol en) ❑I,as amid be vmpare,en ICRiAdy caaeckg eft limed a moo i n moms r On am lln,Wes sin Fldnwn Cola Twee km T.Co*EWI Si.Our lr don al oil to an caw d pepary.is tads a iRnws town rd rim mom a um pleas it a LrdifeAddre' DAM eRYaseo nun r le Conan DPI,limo LA. ❑Immlyl sari Sr. ,BIP.G bras aim. I con III I lw Tad NI wennan ran basis apaeiibmdemi and I in.Is mgiy.ti al cn ad carry d6smad Mims ION b Wrnp cmrmam.rd badly riff Iudflo rM gem h aOPsMendnd Km ix maw Nowt PIN NEE r --�— / Nit Omen Span SALE dApdaraApaE `--' / � GD. I I//3/V ...-> -Ap'°E46020 BURROWEED LN GATE ENCLOSUE P"DJECT 06-00036690 T/03/06 + uswP ADD/ALTER RESIDENTIAL (OWNER/BLDR) Ai3m% -T00-023 DEN.TRACT NO. OeeER TOIA,MIKE ,RACT RAW ADDRESS 46020 BURROWEED LN '03862-00-dffb1 ZONE "'Y PALM DESERT STATE CA 9/N1055737E PERMIT SUMMARY APPt AITOWNER *BUILDING PERMIT 85.05 CONTRACTOR OTHER FEES 28.28 ADDRESS CITY STATE DP CODE PRONE LICENSE NO 1fYlER6 COMP.POLICY NO MID ae COINY AROYTECT Ia.VRRCTCT/ENG EV�A LICENSE NO o ADDRESS CITY STATE ZIPCDOE I PHONE gg COUNTER APR 'TOTAL FEE 113.33 CON-- PLAN CHECK VALUATIONYANDVSTRUCTTUREDINFORMATION -- CONSTRUCTION TYPE GROUPR R. DIVISION 3 ESTIMATED TYPE REVIEW BASED ON TOTALNESTIMATEDEVALUATION OF: 1000 SUBTOTAL DUE IS: .00 -- PERMIT INFORMATION -- *BUILDING PERMIT/RES ADD/ALTER Unit Charge Qty Per Exteglig8 BA FEE RES I /ALTERATION PER $3000 65.0000 33 21 45 SUBTOTAL DUE IS: 85.05 -- OTHER FEES AND ASSESSMENTS -- *PLANLM 6.00 FCHECK ADD'N/ALTER 22.28 SUBTOTAL DUE IS: 28.28 /11---t ) '•i11 ', I w i°s us» alc.ivt nit till Tutu trid,I'Id �tt3.33 Tutu BUILDING DEPT• ,..- ..:...:-......,.......--------- , 4.-------7--- —71------*".. eg( 5.-77,4 • 14 - a- --- ac<okit, • a..> L-1I 1 ; ,t4, kj c... _ E i E a -t ,) E ,4\ fit t z 0 0 : (1 i. 1 !.,.. . ---;. act9 cv•Pg*/ ... . ( 9bove 17cl)ca, • .... . : •,ze.•:;,- . . , •• 't.;-- - .. • .,. , Ili, ' .".f4., Y-. --- • . :•R; 4' -: ' . 111). •"t3,... •'--' ... ., . , . ..,-••-1- -;,... , , , .. 1111. . it ,,' . , . . ,_, 1 ...::ti.,::::•,,r;s7.111".. - • . _ ''..0 • "4-. . , • •- -.r- t.. MIL 314' i ;':-:•'70..1-, •111" I' •. 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' k 1 „4„ 'Wesei-4 Crtt3 v T -, FACT Au5 2 8 2008 Ci i r OF PALM DESEP ' 46-020 Burroweed Lane, Palm Desert, Ca 92260 {1}- 2-10-06 Mr. Toia follows Legal Code Procedures to get permit for "72-SF” Add on to the North side of his Home. {2}- Mr. Toia has Privileges of Enjoying Aesthetics & Privacy of North Side of his Home. {3{- Mr. Toia Property Value Increases. �3� r 2*45 1siOr \Pr - -- .•-. . .• ' • . ,. ,.'-''''. 41- .., •. '-- I -• • 7111111IPW Wk. Olf_. • ,..... . • 416: ' A ....„ - IF ,, ., n -, • ••,. . ..„ . ..,, - ...i •+4._ fil;- 'IOW-I* •, , ._..,- .... ...441006n* c• nalik *N. , i 441111110 IrI7Iii; ...... 11 Illk_i 10.. At...41k' ........_ , *...t...* . . . ,,..,,.... ........ 4....... . ....• ,.. ''"1:11- •17' '. fi. :. ..3 , ......: •. e. lir 4 Iv • - • • .e'r go, ,• l'• . .. .. 19 P. \ .•.-- ,,. •:,: .: ../'.:".. . 4.4' • -...., . ..4, .... • • a t- •' 191 • -• ill '• 6. - A. .. . , . *Jr':. . , ..• ' . • . . \I:A , lir I - , ill. it, 4 •Iliii 1 • • 0 . i•• i rff 1111 . 1r • CITY OF PALM DESERIod'DEPARTMENT OF BUILDING&SAFETY // 73-510 Fred Waring Drive,Palm Desert,California 92260 (760)778-6420 FORM 67034 >cEM=Kmso *edRd.__ngdyr.alimiagbdrvb+re.dosbrl tousdu+ eReAr lawb,u*r.asrwlwabrar4rrrwlr* Side*ad BON 3110ei9sodAkwreOAvg 4 tor isOA ia*ac Altoona,' ibmsy s re�lbyp+i s4l�ds�s4dssaaiaeddbrtfr$0. 9idar tataic; trbasYsada adimam s'e"ar�iYt�el�a•.b�a�■.r.rrse.�pd�e(�"idtrle.11"."""'' 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PALM DESERT sauE CA 92260 I - 1 PERMIT SUMMARY OWNER *BUILDING PERMIT 101.04 conumm *ELECTRICAL PERM .00 pTHER FEES 194.80 l cm silm spy i rMC E LICOMMO t WOMERe 0011r.Pol.rYMOMOcam T /A IM•avitir NO ARCTCT/ENG N WORM CiY SEET a'CODE 1 R,o.E COMM*PP. 1 TOM FEE I ? I 2 55.84 PLAN CHECK FEE VALUATION AND STRUCTURE INFORMATION -- CONSTRUCTION TYPE . . . . TYPE V NON RATED OCC OCCUPANCY TYPE GROUPp R- DIVISION� L 3 2 pp UP ESTIMATED PLAN REVIEW�BASED'ON TOTAb ESTIMATEDNVALUATION OF: 72005 SUBTOTAL DUE IS: .00 -- PERMIT INFORMATION -- *BUILDING PERMIT/RES ADD/ALTER BASE FEE Unit Charge Qty Per Exteg i?8 INSP RESIDENTIAL REMODEL/ADD'N . 5200 72.00 SOF 37.44 SUBTOTAL DUE IS: 101.04 -- PERMIT INFORMATION -- *ELECTRICAL PERMIT/RESIDENTIAL SUBTOTAL DUE IS: .00 gI TAX- OTHER FEES AND ASSESSMENTS -- CONSTRUCTION*PCLANNING APPROVAL (OTC) 19.00 *PLAN CHECK MINIMUM FEE 135.00 SUBTOTAL DUE IS: 194.80 l' \\/, :r° '*.: 7 . Ni erorrei _. - --- .. .... 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R etr7E2Cr) 1 I 3utc.0 Ncl.� tk-TE72-/OR. l X 6 F'4z_ 1 ) t vAL.-� ��p� _ ! L r2F OGI+c E Wir�n� i USX 6a I _ S9ucc..0 ;o 7 fr14 i L-Z.ts-rhor„, Nr.14) ► P'x 30 'rA /'A .-13 tn)SvcA -7 o...) I — 2)C Y- S'6-4D S @ /4 6 o.c. 1 I I 5`g A lO Aiic4•0/i- goyr< 6�r ..}}dam� TRG?TO' S/t_ /GATE 2xV PTDF 4�pp���� / a I L _i_ / *44,,b -kSJCLIF.---7.1"."m '` 3c7NGW WA CdE%E ;.:..1 ,,,-,, 7//�yAT>o'7A/4 /1•p(/Zv , 1 7, 4 ,t 4 SEC7104 /4 A 'Nor CD tor1D i ipr.) S \ _ _ /t+-�t+� ? M.K C.0 ��s t (�� t<�ISTIN4 e'�.15-try u;c g .r2.� o.v zr"cc t is,'rani 04,- tio4.-: ------, t�6 e�tS-T,K4 o'o �1 u� ors rrrJ4 PIDArl,-CV_ B-7{ 99 r .1 M.irTGt-1 tr ! 1.ST1NG, _ _ STD 2 x y G'4'../S74r,cr.-. i 2G0LTSj 2zvoTDF Sr C.I.. Lsz. 3 ,( co c c.c 7F s�rg u!Ot ��-T S 4 /firma"- �e o T .� 4 purl eAk rZ 1;'(r.J 4 1CL6- ti°er7 / _. \)c.5-...?-';‘:1111111A. /��f v0L ,...r--,..\! '''. ''. '-‘ V F E� y S,Ni. Pf �� 1-- - -Qf a ICA?,r� %,ro,•`'F '�.�- aL7T) l ,_77 .'1#C6- yS-7r.. S7�c{o p tR22 ,cg_--r60 I _..., 1 S-ri, ?Ry cu...S^'e_eik_-n o..) 7R.4.41-7. ,,SlLe- Z- " p,a,,. 3r, S Cc.o--)caeit.) . .8 x /o v,Juro.. Sv1-7-s . c7lc -► P' rV IIC aGC "NT"4qS j 1-\‘ ,It J —, \\11 I 1 ) r4f 8,1 i itf t t_ I / \ \ \ _srucca trNtsk ECISTrrct :�use 21,Jel,i �•C15`1 Nc �al7�� ••1/4-ol,tS E f ______ ,....:.:- .1s71,, 4, __,:„1.__€ N c� OF 3[e:::;7' I is . G` F pv } . \ e‘ .c+',a'Cw lit'le i .:, _____-__I ; \, g,-,.%0' t, ' I \I V 4\ Y of% (t, - ' int eseP , FACT 46-020 Burroweed Lane Palm Desert, Ca. 9 '` p'1;, - =fit fi Alb 28 20011 Year of"06" ,. i1g$n CN OF PAI iv1 DESEr Mr. Toia built {1- Permitted Structure} on to the side of the North Side of his Home AND: {4- Non Permitted Structures} on to the south side Of his home. A- Bedroom B- Bathroom C- Work Shop D- Golf Cart Barn {1} Golf Cart Barn and Work Shop are: A- Extreme Fire Hazard B- High Voltage Power tools in Work Shop C- The Noise in to bathroom from Work Shop Devalues My Property D- Privacy on the North side of My home is Depreciated E- Aesthetic View out of My Bathroom Slider Window Devalues My Property F- View from my back yard of Golf Cart Barn and Work Shop Devalues My Property Does the City of Palm Desert Building & Safety Dept. allow a home owner to build one side of his home following the Legal Permitting Process while the other side of the home does not have to follow the same Legal Permit Process? IH• • 1 I / . , s i co• It I !9. i �r / 1111'11111).. is 4 . ,,,, f'i dt CC:4r zo lik : 14i , /f T. L i Z C ,- c 3r i at L .-ii- - i - . U , y r. L V 1 y rrl `.ems' i - ,:s -.,...,-..• V4 •'). k A .., -..,..... , a � 5111 � ' ii iI ti L. 3 a 3 4.0 a O -° F ;�° � x e et Nc 3 co itu c i. 11 0 °' VI o 44 C.1 02 o i. E , L ? ZEO a L, a- e CO o w W x.� •� i' I • '••. N M - S ...-. £ 5444� E � it, 770yyjjI' ' ' E .c•:,/' ,i iE • L Sr s t i ,, , !_ , .11({4• E ..Yt j/ a i +!1i III ` lot '-g, \a. '';47 ,..-.. qati( ' ' t :.1%,,,,,,,4,,,,,.:_,0"--ro f ' 14 ire- Jr '" A Cats. 411 gat 74( View from Bathroom Window Slider 46-040 Burroweed Lane Golf Cart Barn and Work Shop (HIGH VOLTAGE} Power tools are extremely close to bathroom. Noise from Work Shop, invasion of Privacy also the aesthetic of this structure depreciated the value of my property _Air [1 I City of Palm Desert 3-6-08 Planning& Building & Safety Department 73-510 Fred Waring Palm Desert, Ca.92260-2578 Planning& .Building & Safety Department: On 12-28-08 I, Suzanne Pride came to the City of Palm Desert Planning & Building & Safety office and filled out an Investigation Request Form in regards to: Mr. Michael Toia 46-020 Burroweed Lane, Palm Desert, Ca. 92260 Mr. Toia my neighbor applied for a permit at the City of Palm Desert Planning & Building & Safety Department for a"Gate Enclosure"1-3-06 and was approved 11-20-06. After removing the dying Juniper from the north side of our wall in the back yard at the end of October- 07, I found that Mr. Toia had a pipe, over lapping our wall from his roof draining on to our property. I asked him, "What is the purpose of this pipe"? He told me, "The pipe was draining from his swamp cooler". Mr. Toia removed the pipe promptly. My son-in-law,who works for the City of Irvine in Orange Co., came to the house with my daughter and my two grandchildren for Christmas,while in the back yard he notice the structure over lapping our wall and draining from Mr. Toia's roof on to our property. He said to me, "He did not think the structure was LEAGL", and encouraged me to go to the City of Palm Desert Planning& Building & Safety Department. This is what I discovered: Mr. Toia misrepresented him self and did not disclose his true building intention as to his request for permit and approval of a"Gate Enclosure" Mr. Toia built a"Golf Cart Shed"not a"Gate Enclosure"with out permits or approval for: 1-The roof of the golf cart shed 2-The inside wall of the golf cart shed 3-The garage door of the golf cart shed Mr. Toia built the "Golf cart shed"with out a licensed contractor. He hired day laborers. There is approximately "ONE THOUSAND SQUARE FEET"of the Architectural Structure of Mr. Toia's roof that"DRAINS—ACROSS THE PROPERTY LINE- ON TO OUR PROPERTY. [2] 3-6-08 Mr. Toia is Encroaching and Trespassing on to our property, as he has built onto and over our wall. Mr. Toia also has a workshop behind the golf cart, in which he is using power tools for his projects. This "Illegal Structure"will affect the selling of our property and devalue the price. Mr. Toia has collected many letters from the neighbors and has a petition that several of the neighbors have signed. Asking the City of Palm Desert to "APPROVE"the "Illegal golf cart shed". This has turned into a"NEIGHBORHOOD LYNCHING" and has caused "EXTREME ANXIETY"to myself, as several of the neighbors are shaking theirs fist at me when I am out side in the front yard After several of the neighbors read the article published in the Desert Sun news paper on 2-26-08 that read, "Illegal golf shed will be on the agenda at the Architectural Review Commission-"The Toia's did not get the proper permits from the city"-they felt missed led by Mr. Toia, and called the Architectural Review Commission to have their names taken off the petition list. This neighborhood has been turned up side down with EXTREM GRIEF AND CONFUSIONS. I am requesting that the City of Palm Desert Planning& Building & Safety Department take legal action against Mr. Toia to have this"Illegal Structure"removed with in 60 days or I, Suzanne Pride will be forced to have our family attorney from Orange County take legal action. (3.,( tividpi7kek Suzanne Pride Suzanne Pride {760-668-5444} 46-040 Burroweed lane Palm Desert, Ca. 92260 Mailing address: PO Box 2688Palm Desert, Ca. %ay NO I City of Palm Desert Public Notice Case No. MISC 08-40 2-11-08 �w _ ?YetIlial City of Palm Desert, Architectural Review Commission: 4},tEtia 1E�A CMEt�`t siracroliv-Va assr The subject property located at 46-020 Burroweed Lane, Palm Desert, witch Mr. Michael Toia is requesting approval for the set back of the structure of the golf cart barn and its aesthetic blending with the existing home, 46-040 Burroweed Lane, Palm Desert,Ca.92260 There is a common wall shared between 46-020 Burroweed lane, Ca 92260 and 46-040 Burroweed Lane,Ca 92260. January 3`a 2006 Mr. Toia applied for a permit with the City of Palm Desert Planning and Building for what he described as"Gate enclosure"at 46-020 Burroweed Lane Palm Desert,Ca. 92260. Mr. Toia's request was approved on January 23rd 2006. Mr. Toia proceeded to build a"Golf cart barn" in witch he, Mr. Toia, built an inside wall, with in inches of the shared common wall with 46-040 Burroweed Lane. Mr. Toia also built a roof for the golf cart barn and attached and over lapped building material over the common wall on to the property of 46-040 Burroweed Lane. Mr. Toia requested a permit fora"Gate enclosure"not a "Golf cart barn" Mr. Toia has misrepresented him self and not disclosed his true building intention as to his request for approval of a"Gate enclosure," as he did not request a permit and seek approval for the inside wall he built,"witch the Planning and Building Law states, "shall not be less than five feet", for the neighbor of Burroweed Lane Palm Desert Ca. 92260, also Mr. Toia did not request a permit and approval for the roof of the"Golf cart barn"witch he defines as a"Gate enclosure" in his description of his request for his building permit plans on 1-3- 2006 . Mr. Toia did not disclose his building plans and misrepresented himself to me, Suzanne Pride, as to the attaching and over lapping on to the common wall on the property of 46- 040 Bueeoweed sane, Ca. 92260 I am requesting "25.18.070-C. for the set back of 5 feet", of the shared common wall to build a structure,on Burroweed Lane Palm Desert Ca. 92260, be appliejAlso the uilding material that Mr. Toia has attached, and over lappe on to the common wall of the property 46-040 Burroweed, be re v . _ tf� , Suzanne PrideL,4e - 46-040 Burroweed Lane, Palm Desert, Ca 92260. Mailing Address: P.O. n-- -`"" 760-668-5444 Palm Desert, Ca. 92261 �1 Received PI nning Commission meeting H Zri1C ( -7 Date:©9 D-z 6rCase No. VAR a 8- a b I I`� From: � -46f.v _' .. . EllcSPLX FPo#1 Mi Na-re °F �• • C GrisJi of to. -0 88 to the house has improved the neighborhood look and it blends in with the architecture. Mr. Stan Smith, neighbor, stated that Mr. Toia's house looks 100% better than when it was first purchased. Mr. Richard Motts, neighbor, also agreed with the comments made and stated that this was a rental house and now is one of the finer homes on the street. Aesthetically the golf cart barn has filled in an area that needed to be upgraded. Mr. Bagato asked if anyone would like to speak in opposition of the project. Ms. Suzanne Pride. neighbor, stated that what Mr. Toia has done to his home has improved the neighborhood, but the problem is that Mr. Toia when he requested a permit in January 2006, described it as a gate enclosure not a golf cart barn. He has misrepresented himself to the City as to what he was building. None of the neighbors who spoke here today have their common wall next to Mr. Toia except for me and according to the ordinance there must be a five foot setback. Mr. Toia has also added building material that overlaps the common wall onto my property. When I had taken down my juniper bushes I noticed there was some sort of pipe that was attached to his roof that came over the common wall onto my property to drain whatever he was draining from his property. He did not have a permit to build the roof, the garage door and the inside wall that is inches away from our common wall. These homes were built 30 years ago and are golf course cottages and his home.is a single family residence that is not attached as all these other homes are. The other homes have one car garages where his is a two car garage and is not part of what is cad thin cottages at Shadow Mountain. I am requesting that the law be' ( plied to fv(r. Toia in reference to the five foot setback] nd removal of building material that is overlapping on the common wall. After discussing this with other people I was told this was not legal. When I came down to check into the permits, I found out that he had not filed for any permits. He was granted a permit to build a gate enclosure on January 23. 2006 and that is the only permit that he applied for. Commissioner Gregory stated that the Commission basically is an aesthetic type group and this looks like a Code Enforcement type situation. Mr. Bagato stated that Code Enforcement did get involved that is why it came to the ARC for approval. Before variances go to Planning Commission we always bring it to ARC when there is a building issue involved on hr" it funks architecturally. Today the Commission is looking at it value only and how it blends in with the neighbo /l-1T} ftI Planning Commission or the City Council depending c: 2 DEBBIE HARRIS SHERMAN Attorney at Law 74-923 Highway 111, #244 Indian Wells, CA 92210 (760) 341-2278 fax(760) 836-9181 DHSLegal @ aol.com February 26, 2008 Via Hand Delivery C David J. Erwin, Esq. Opy Best, Best& Krieger 74-760 Highway 111, Suite 200 Indian Wells, CA 92210 RE: City of Palm Desert Architectural Review Commission Case No.: MISC 08-40 Applicant- Michael and Marianne Toia- 46-020 Burroweed Lane Dear Dave: Please allow this correspondence to confirm our conversation of this mornin: re:ardin: the above referenced matter. I appreciate your agreement to take this matter 'off calendar' today in __A„ order to ena e a itional investigation due to yesterday's 'discovery' of a recorded Declaration of Mutually Protective Restrictions to which Lots 1 to 13 of Tract 3862 are subject. The Toia. property is designated as Lot 1 of said Tract, and as such is subject to the recorded Declaration and all covenants, conditions and restrictions contained therein. The Declaration mandates that . all pians and specifications for construction, modification or alteration of property be submitted to the Declarant as specified. Further, written permission of the Declarant is a condition precedent to any construction, alteration or modification of the properties subject to the Declaration. In speaking with Kevin Swartz, Assistant City Planner, earlier today, I learned that the City's file does not contain the Declarant's written approval of the plans as required by the Declaration. As Mr. Toia has failed (once again) to comply with the procedures and restrictions to which his property is subject, his pending application does not appear to be properly before the City or its Architectural Review Commission.. As we discussed, I verbally confirmed with Commonwealth Title in Riverside that no document has been found modifying or extinguishing the Declaration. As such, it is the title company's position that the 1969 Declaration remains in full force and effect as to all lots described in the Declaration including the Toia property] have ordered a preliminary title report it obtaining additional information regarding the Declaration, the restrictions on built A,l'H„ ,r pi -7- backs contained therein, and certain easements affecting the property, which are ml � NI1 ,J' 'i ES oT- ►RCHITECTURAL REVirW COMMISSION M I'3" of 3-1 t-o S MINUTES MARCH 11, 2008 than 70 percent of them have either a zero setback between the structures or only a single 48-inch setback between the two adjoining buildings. A double 48-inch setback is clearly not the standard. Ms. Debbie Harris-Sherman, Attorney for Ms. Pride, introduced herself to the Commission. Commissioner Gregory stated that this was not a courtroom or a public forum where she would be addressing issues that he thought she would be discussing. He stated that this Commission was an aesthetic review Commission only. Ms. Sherman stated that she was aware of the purpose of the hearing and the purpose of the Commission. Ms. Sherman stated that she had submitted a written package that included photos that were taken from Ms. Pride's property on February 22, 2008 to give them an idea of what the view was from her yard. She stated that they were not contesting that the neighbors thought it looked good from the front view. What they were contesting was the encroachment, the use of common wall to attach the structure, the drainage issues, and all of the health and safety code violations and building code violations which need to be determined and remediated. Aesthetic blending with the community is only one factor to be considered in the general plan when making determinations of this type. She understood that approval or denial is completely discretionary and that the • Commission has the ability to be flexible. She agreed that the accusations of sabotage and personal grievances in this forum are inappropriate and that it is something that would be taken up in court and not something that the City will make a determination on. They are aware of that and they are not trying to use this forum for these types of private concerns, but only to express their concerns in regards to the project that the Commission has before them for approval right now. She stated that when you have party wall issues there is difficulty in getting a title policy when a transfer of property occurs and that is something that they want to be very careful of. \--Ms. Pride's property value and the ability to freely transfer her property should not be taken from her because of a S tructure that was built without the benefit of the proce_sj_d She indicated that she didn't see where a survey had ever been done of the property and she thought it would be obviously a threshold issue to be determined. She stated that there ar( . covenants and restrictions recorded against thi: 1969. She has confirmed through a preliminary ilirrrACAMer discussions with Dave Erwin, City Attorney that the c— c G.\Planning\Janine Judy\Word Files\ARC Minutes\2008WR080311.doc Page 4 of 14 L.- r F, sari Y!r4S f'"lit1 0e V .i-- 15' _,ct `r..2 u A-Mc'pMk . f it! i3 --Ntk(1-C«1 , '.0o $ , Dear Kind and Considerate Neighbors, Thank-you for all of your letters and signatures in regards to the "BEAUTIFICATION" of our neighbor. As you all have stated in your letters, you have driven or walked by and witness the transformation of the house at 46-020 Burroweed Lane. Palm Desert, Ca. 92260. We have lived this transformation for 10 years,with several different owners; this house has been under construction for 7 years. Our family bought many garden hoses that we connected together and dragged them over to 46-020 in which we used our water to keep all the trees alive for over a year We are ever so grateful to the Toia's, for the hard work, time and money they have invested in their home, for this"BEAUTIFICATION" is truly an asset and value to our neighborhood This past tall we had to remove the dying Juniper from the common wall on the north side of our back yard that the Toia's and we share. The picture we have enclosed, taken 2-4-08 by the City of Palm Desert Architectural Review Commission gives you the view of what we see in our back yard which is far from the definition of"BEAITOFCATION". Mr. Toia had a pipe,over lapping the wall from his roof on to our side of our property to drain"what ever"on to our property. I asked him, Mr. Toia what is the purpose of this pipe hanging over the wall on to our property? He, Mr. Toia removed the pipe promptly. My son-in-law, who works for the City of Irvine in Orange Co. came to the house for Xmas.He was in the back yard, when he saw what you sec in the picture we have enclosed, he said to me that he did not think this was"LEGAL"and encouraged me to go to the City of Palm Desert Planning and Building to make sure. l lcre is what you need to know: 1-Mr, Toia applied for a permit for a"GATE E NC1.0Sl TER"—not a"GOLF CART BARN" 2-Mr. Toia did not apply for a permit and get approval for: a-the roof of the golf cart barn b-the inside wall of the golf cart barn c-the garage door of the golf cart barn The"GATE F. .Icl,QSER"---"GOLF CART BARN"— is an"Illezal Structure"with out permits or approval. This"Illegal Structure"will have to be disclosed by the home inspector and will affect the sale of our home. Because this, ILLEGAL:STRUC"TURE_. does not affect the sale of"YOUR PROPERTY"'am asking all of you to allow our family and the Toia's and the City of Palm Desert Planning and Building to make this"ILN,EGAI___S UCTUURE" "LEGAL" I I� /,� r-- 2.. 4110 'The"l3E.AU'TIFICATION"of our neighborhood, yes is a wonderful application, yet this "BFAt;TIFIC'\LION" most he applied within the"L W" No one is requesting that the Thia's not have a"Golf Cart Ham". The request is to make the "Golf Cart !tarn .. tunnel I know that all of you have not been told the details of this complex ` Illegal lquildin g Structure-: it has taken some time to get all the facts and details I ask of you all to consider not getting involved in this matter that does not affect the ".SALE OF YOUR PROPERTY" We have been quite. considerate, kind neighbors in this neighborhood and mird our own business. We have not caused any grief what so ever to any one in this neighborhood You have signed a petition for an"ILLEGAL STUR.I,'("I'( RE" in which your name is on record at the City of Palm Desert and available for the pubic. If you care to take your name off this petition you can contact: Kevin Swartz at ;760- 776-6420 •- extension- #485 Thank-you for your kind understanding consideration. if you would like to speak to me, :760-66K-54441., You arc welcome to do so. God Bless you and the kindness we share in our neighborhood Sincerely, • Su ►nnc Pride 46-040 Burroweed lane Palm Desert,Ca. 92260 -761 t-668-5444 Mailing address: P.O.Box 2688 Palm Desert, Ca. 92261 KT r-it t9F2 L. i2. • Dear Kind and Considerate Ncighhors, Thank-you for all of your letters and signatures in regards to the "BEAUTIFICATION" of our neighbor. As you all have stated in your letters, you have driven or walked by and witness the transformation of the house at 46-02013urrowee d Lane. Palm Desert, Ca. 92260. We have lived this transformation for 10 years, with several different owners; this house has been under construction for 7 years. Our family bought many garden hoses that we connected together and dragged them over to 46-020 in which we used our water to keep all the trees alive for over a year We are ever so grateful to the Toia's, for the hard work, time and money they have invested in their home, for this"BEAUTIFICATION" is truly an asset and value to our neighborhood This past fall we had to remove the dying Juniper from the common wall on the north side of our back yard that the Toia's and we share. The picture we have enclosed, taken 2-4-08 by the City of Palm Desert Architectural Review Commission gives you the view of what we see in our back yard which is far from the definition of"BEAITOFCATION". Mr. Toia had a pipe,over lapping the wall from his roof on to our side of our property to drain"what ever"on to our property. 1 asked him, Mr. Tout what is the purpose of this pipe hanging over the wall on to our property? He, Mr. Toia removed the pipe promptly. My son-in-law,who works for the City of Irvine in Orange Co. came to the house for Xmas.He was in the back yard, when he saw what you sec in the picture we have enclosed, he said to me that he did not think this was"LEGAL"and encouraged me to go to the City of Palm Desert Planning and Building to make sure. - I Icre is what you need to know: 1-Mr, Toia applied fora permit fora"GATE iCL.OS1)l:R"---not a"CQL F C',ART BARN" 2-Mr. Toia did not apply for a permit and get approval for: a-the roof of the golf cart barn b-the inside wall of the golf cart barn c-the garage door of the golf cart barn The"GATE ENCI,QSER"--=`GOLF CART BARN"-- is an Illegal Structure"with out permits or approval. This"Illegal Structure"will have to be disclosed by the home inspector and will affect the sale of our home. Because this, "ILLEGAI,S_ 'RUCTURE. does not affect the sale of"YOUR PROPERTY"I am asking all of you to allow our family and the Toia's and the City of Palm Desert Planning and Building to make this"ILLEGAL S _y RI=" "LEGAL" i o 2. .0 The"BEAUTIFICATION"of our neighborhood,yes is a wonderful application, yet this "Bl Al;TIFIC,111ON" must be applied within the"1 kW" No one is requesting that the Toia's not have a 'Golf Cart Barn". The request is to make the"Golf Cart Barn _--_•• J.EQAI, I know that all of you have not been told the details of this complex "lllegal_iuilhine Structure': it has taken some time to get all the facts and details I ask of you all to consider not getting involved in this matter that does not affect the "§ALI:QEYQVR PROPERTY" We have been quite, considerate, kind neighbors in this neighborhood and mind our own business. We have not caused any grief what so ever to any one in this neighborhood You have signed a petition for an"ILI.KIAj,.STURt,D( 11RE" in which your name is on record at the City of Palm Desert and available for the pubic. If you care to take your name off this petition you can contact: Kevin Swartz at {760- 776-6420}--extension— #485 Thank - you for your kind understanding consideration, If you would like to speak to me, ,760.668-5444 , You arc welcome to do so God Bless you and the kindness we share in our neighborhood Sincerely. -1Veil)-11---:4' Suainne Pride 4 6-04 0 l;urroweed Lane Palm Desert, Ca. 92260 760-669-5444 Mailing address: P.O.Rox 2688 Palm Desert,Ca.92261 • oe � ai Received at Planning Commission meeting Date. Case No, VA/e 08 -d6/ From; cSu zderike 7 dr, August 30, 2008 City of Palm Desert 73-510 Fred Waring Dr. Palm Desert, Ca. 92260 City of Palm Desert Planning Commission; Regarding: Surveys; 46- 202 Burroweed Lane, Palm Desert, Ca. 92260 done by Mr. Fitch the month of August. The 1"Survey done by Mr. Fitch in August stated: Property line is on the north face of masonry wall,which means the wall belongs to me. The City of Palm Desert Survey Dept. rejected the 1st survey and requested a second survey be done, because Me. Fitch contradicts him self on the 1 St survey. Mr. Kevin Swartz, assistant Planner said to me.{ "Mr. Fitch, has been known to be if-e and the City pf Palm Desert might have to pull his license!. The 2nd survey was done by Mr. Fitch. Mr. Page Garner, Senior Engineer/City of Palm Desert Survey Dept. explained to me, ("there is a '/: inch difference in the second survey and now the wall is a common wall"). 5-8-08, Mr. Toia had Robert Stewart an attorney; send a letter to me with, [Threats and Black mail,stating that the City of Palm Desert HAS ALREADY INDICATED A WILLINGNESS to grant the set-back variance based on the results of the property line determination.} If the decision today is to approve the request of Mr. Toia's Variance with in the set- back based on the determination of the property line, I will then request a second opinion for a survey to be done by another Survey Co. and ask the Planning commission to reschedule this meeting. Respectfully, Suzanne Pride MAILING ADDRESS PO BOX 2688 46-040 Burroweed Lane P.D,CA. 92261 Palm Desert, Ca. 92260 760-668-5444 i 7 , / ti.0 • Jf PKO PE IZ.TY Li del E 50 K'7E Y SURr%E Y' FOR T7.74- L ocAT/o,ti'aF'17RoPER Ty ,C m./E BETrwE.EN LOTS / .9Av0 2 of TRACTA/o 38 2 i iii/ /fl. B. 6///L -/6 'CITY aF PE7,L/V DESERT" k tt /RoA///v0oD 5T1.Ee T- Fa, N89"//h''35"E ^� �' �— 830. 69'M_ -,� `�- - 9/7. 6/'44 F`�2 v , - _ ilk, -- 830. 56,� --"s•N.,-� -- 9/7. ;48'R _- '4 p Ni A 89° 30 '23 " l! a/ = 9 0 ° Fd2 M < M FOUND . /,,? ki Q I A/0 TAG QN4 N. N a h f W i./O/PT,4/ qc..- OF/14/ 50NR y w,�L L Fou,ti'o % /.p. 0 - ' Li/ TA 641)L.S. 79 30 j 4 i F 2 3' ,L o T' -- I -01-1 of T� NO T TO SCALE MY /• E 5T40.L/5///'.0 THE cE.N7 'L./NE o.c/ROA/woon 5 T,2EE T OETG'v --FN Tfrvo F0 U/VO 3/,c 6"7,4? s,N,NoI'v/t/ ON PA. /4 a z 5E R T l//l//7-NO 7 AND TRACT No .986 2 .2. E5TA8L /SEED 7 /E CE,VTE8L//VE OF 0oRR0 weep L !-7A/E f3 y pRoPDRT/oA/,7z. O/57-4A/CE '5 ' 4,1/,O TURr1/;_J REco.-2o A4/G4 E- _-?. ,e/014/_:G"2-,F !/V✓.4f.- Pt/.E/PE UN46Z,E TO FViVO 1.:t CORDED /NOA/LJ/4ENT5 On/ BCJRRO pvEE© Z/qh'E TO 5UB5 TAN T/ATE THE LOG'7;r/o,v pF T/-/F. L J T L//t/E /N Q LIE S T/ON. TfIL cOAVIP.C.ETLO 5thc' ,EY /M/.o/C44774. S THE ,C. 0 T L• /n/E OETGt/.E,EN I OTS /4ND 2 ONTRACT No 386 2 /5 AT/o t/ T/-/E NOR?'/1 F,q CE OF THE EXIST/A/a N1f15oNRY Pt/AL I . r' 4ic ;IC.43 l 'x No. 12571 F/TCf-/ .ENC/,V R5 /N,'c. FYP. 3/3�og J; R.o_BD/ 455 PA�./1�/J4-S4-F O� � vim/ �'/( , .,ci`• ; , CA. 9eZ6/; 760-345-76-67 ci't'G I i'.�_ y "A Ms. Suzanne Pride May 8, 2008 Page two As I stated earlier, the City will drop the need for a survey and Planning Commission appearance if you withdraw your complaint. If not, the Toia's are committed to the costs associated with the pursuit of this matter to their successful conclusion. The City has already indicated a willingness to grant the set-back variance based on the results of the property line determination. Going through this delaying and costly process will not serve any of the concerned parties in a positive and productive manner. I urge you to reconsider the withdrawal of your complaint so that this matter can be amicably resolved. If this matter is not amicably resolved the Toia's have assured me they will pursue all of their legal remedies. Foci��to n*4ct �N�;m�sa:liest_eonveni enee regarding your forward position on this matter. Very truly yours, ROBERT W. S 1'EWART_ JR. A Law,Co ora er6 i R . Stewart, Jr., Member RWS/dmh August 22, 2008 City of Palm Desert City Surveyor 73-510 Fred Warning Dr. Palm Desert, Ca. 92260 R. Page Garner, LS; Senior Engineer/City Surveyor Palm Desert; Regarding; Property Line Survey for property wall in question: 46-020--- 46-040 Burroweed Lane, Palm Desert, Ca. 92260. Dear Mr. Garner, Thank you for meeting with me and Kevin Swartz,Assistant Planner yesterday in regards to the 1st and 2nd Survey submitted by the Fitch Engineering Co. After hearing Kevin Swartz yesterday, once again confirm the Fitch Engineering Co. has been known to be unethical in the past and you informing me that the difference between the 1st Survey and the 2nd Survey is '/s inch, I am requesting that No Recorded Monuments be put in place by the City of Palm Desert or the Fitch Engineering Co., until a second Survey opinion is completed. Mr. Tioa has failed to comply with Title 8 Chapter 8.70 & 8.70.150 of the Code,by failing to maintain the structure of{ Golf Cart Barn&Work Shop} in reasonable consistency and compatibility with the maintenance standards of adjacent properties so as to interfere with the reasonable enjoyment of my property and to depreciate the aesthetic value of my property . I feel I have every right to protect the value of my property with a second Survey opinion of the property line in question. Respectfully, C7rjSuzanne Pride c74). 46-040 Burroweed Lane Palm Desert, Ca. 92260 *MAILING ADDRESS* PO Box 2688 Palm Desert, Ca. 92261 760-668-5444 t 4 SSA . _ 'V: �,' ;'"? x` ,...ram.-7`5.,, z,,. .a,.r k ,�. View from Bathroom Window Slider 46-040 Burroweed Lane Golf Cart Barn and Work Shop (HIGH VOLTAGE) Power tools are extremely close to bathroom. i of Privacy also the aesthetic of this structure depreciated the value of my property Received at Planning Commission meeting Date:OR b.g.L,Caae No k,L Og- il From' Su.x' ' ���d� .. ram• Z= i f ', L • ::it, • 4 4Sij No :- / }t. �1;¢ : • ,-i t s N A (A) d mot AD If C '"I `��• `.ems. 0 E. "o -s 3 ce -IC A E Ace S o 3 i I ,l k• �' ur. „`., -Asps U o a 0 d A oo m et 0 a ce 5. = oow n SD ft w d n. 0 c o 3. SU al eD O. n Is-el 5. 0 fg © 'Y C A itz rD c q 0 r '... 1( . , . i . 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