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Home My WebLink AboutMISC 04-67 - Stan & Michelle Smith - 73-526 IronwoodREQUEST: CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT Consideration of a City Council request for review of an action by the Architectural Review Commission approving a six -foot -high street side yard wall at a residence at 73-526 Ironwood Street. SUBMITTED BY: Steve Smith, Planning Manager APPLICANT: Stan and Michelle Smith 73-526 Ironwood Street Palm Desert, CA 92260 CASE NO: MISC 04-67 DATE: January 27, 2005 CONTENTS: Staff Recommendation Discussion Architectural Review Commission Minutes of December 28, 2004 Staff Recommendation: That the request for City Council review be continued to allow completion of the zoning ordinance amendment relating to walls. Background: The property is a corner lot at Ironwood Street and Burroweed Lane. The applicants have remodeled the residence and the perimeter wall along Ironwood Street pursuant to permits obtained for the work. A lower wall existed along the Burroweed side of the property with setbacks ranging from 15 feet to four feet from the curb. The applicant, without approval or permit, raised the height of this wall to six (6) feet. Current code requires that six -foot -high street side yard walls be set back a minimum of 12 feet from the curb. Discussion: ARC considered this matter at its December 14 and 28, 2004 meetings and denied the request for an exception to the current code provisions. ARC approved a modified wall consistent with current code and required that: 1 DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT JANUARY 27, 2005 1. The portion of the wall located closer than 12 feet from the curb (approximately the northerly 61 feet of the wall) be removed and installed with a minimum setback of 12 feet. 2. The wall have a stucco finish to match the house and the Ironwood Street wall. 3. The applicant obtain approval of a landscape plan for the 12-foot parkway adjacent to the wall. The applicant, in a letter dated January 13, 2005 (copy enclosed) requests that the ARC decision be modified to allow the six-foot wall with a minimum 7-foot setback from the curb. If a wall is constructed with less than 12 feet of setback, an encroachment permit would be required. The code amendment relating to walls in single-family districts will consider street side yard walls. Those walls are currently afforded a lesser (12 foot) setback than those in front yards (15'). This application should be continued to allow completion of the code amendment process. Submitted by: Stev Smith Planning Manager Appr• ed by: H•' er Cr Assistant Citynager for Development ervices Department Head: Phil Drell Director of Community Development Approved by: Carlos Ortega City Manager SS/dq G:\PLANNING\DONNAQUAIVER\WPDOCS\SR\MISC 04-67.SS 2 • ARCHITECTURAL REVIEW COMMISSION DECEMBER 14, 2004 MINUTES Commissioner Gregory stated that there is some concern about the height of the gate structure. Commissioner Hanson stated that if Public Works has said that they don't more than a 5' wall then they can't do that structure. Commissioner Van Vliet stated that there are not drawings showing how the wall is going to look with the gate and entry. Commissioner Gregory stated that the applicant has to show the commission specifically what she intends to do. The commissioner agreed that color is not an issue. Action: Commissioner Gregory moved, seconded by Commissioner LambeII to continue the request to allow the applicant to return with revised elevations showing (1) vestibule lowered by 1', (2) 5' high wall with pots on top, and (3) gate and wall plans showing arch over entryway. Garage height and colors are acceptable. Motion carried 6- 0-0-1 with Commissioner Vuksic absent. (Commissioner Vuksic left the meeting at 2:00 p.m.) C. Miscellaneous 1. CASE NO.: PP 04-25 APPLICANT (AND ADDRESS): PEGGY AMES & RANDY WERNER, 72-925 Fred Waring Drive, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Request preliminary approval of revised south elevation of a new two-story, office/apartment, storage/warehouse building. LOCATION: Spyder Circle ZONE: SI Action: Commissioner Hanson moved, seconded by Commissioner Oppenheim for approval by minute motion. Motion carried 7-0. 2. CASE NO:: MISC 04-67 APPLICANT (AND ADDRESS): STAN & MICHELLE SMITH, 73-526 Ironwood Street, Palm Desert, CA 92260 G:Planning\Donna Quaiver\wpdocs\Agmin\AR041214.MIN 20 ARCHITECTURAL REVIEW COMMISSION DECEMBER 14, 2004 MINUTES NATURE OF PROJECT/APPROVAL SOUGHT: Request approval to raise existing 4' high wall on the west side of the property to 6' (12' to 4' from curb). LOCATION: 73-526 Ironwood Street ZONE: R-1 Mr. Smith stated that the wall has been constructed with the benefit of a permit. We've been told by the applicant that at least part of it was there before and it was a 2'-4' high wall in .the same location. Staff approved a portion of the wall but the wall " in question is along Burroweed to the north property line. The issue is the extension to the wall. At the north corner of the lot, the wall is as close as 4' to the curb. On a street side yard a 6' high wall, code would require it to be setback 12'. The applicant advises me that at some point it is 12' back from the curb. Commissioner Van Vliet asked if it was determined that there was a 4' wall in that location. Mr. Stan Smith stated that the reason why the wall was torn down was because there's a huge palm tree in the corner of the wall. I had the palm tree removed because it had pushed the wall over at that corner. The tree was moved to the front yard. I had the opportunity to get the crew that was doing the work on the front yard wall to do the side yard wall so I did it without getting a permit. I also raised it from the original 4' to 6'. I'll do whatever you need me to do. Mr. Smith stated that there's a stop work order on the wall at this point. Mr. Stan Smith stated that he'd be happy to stucco the wall and landscape in front of it. Mr. Smith commented that the north corner of the house is closer than the south corner. Commissioner Van Vliet commented that the commission is concerned about precedent. Mr. Stan Smith stated his neighbors on every side of him love it. The commission agreed that they would like to go to the site to see exactly what the wall looks like. Commissioner Van Vliet requested a site plan for the next meeting. Action: Commissioner Lambell moved, seconded by Commissioner Hanson to continue the request to the meeting of December 28, 2004 to allow the commissioners to visit the site. Motion carried 6-0-0-1 with Commissioner Vuksic absent. G:Planning\Donna Quaiver\wpdocs'Agmin1AR041214.MIN 21 ARCHITECTURAL REVIEW COMMISSION DECEMBER 28, 2004 MINUTES minimum of 2:12, (3) maximum building height to be 18' from grade, (4) roof material to compliment the house and to be residential in style, i.e. clay tile or concrete tile (If the roof material for the accessory structure is metal, then it must match a metal roof on the main residence.), (5) fascia to be plaster to match the house. Motion carried 5-0-0-2 with Commissioners Hanson and Lopez absent. C. Miscellaneous 1. CASE NO.: MISC 04-67 APPLICANT (AND ADDRESS): STAN & MICHELLE SMITH, 73-526 Ironwood Street, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Request approval to raise existing 4' high wall on the west side of the property to 6' (12' to 4' from curb). LOCATION: 73-526 Ironwood Street ZONE: R-1 Mr. Smith stated that this item was on the last ARC agenda and commission requested the opportunity to visit the site. Staff went out and shot some more pictures with the assistance of the applicant. There is a wall inside of a wall. In your packet you did receive updated plans. Stan Smith was present and indicated that he had raised the height of a wall that had existed for some time. It was located in the same location as the wall presently is, but was lower in height. Commission determined that the wall needed to be relocated back at least 12' from the Burroweed curb and accordingly it was moved and seconded to approve the 6' high wall subject to it being 12' back from curb and stucco added to match the existing residence. A landscape plan was requested for approval by the Landscape Manager. Action: Commissioner Vuksic moved, seconded by Commissioner Van Vliet for approval of a 6' high wall, subject to (1) the wall being 12' from curb, (2) stucco to match existing residence and, (3) approval of a landscape plan for the parkway area by the Landscape Manager. Motion carried 5-0-0-2 with Commissioners Hanson and Lopez absent. G:Planning\Donna Quaiver\wpdocs\Agmin\AR041228.MIN 1 1 3 I a. tTECTURAL REVIEW COMMISSION cEMBER 28, 2004 MINUTES minimum of 2:12, (3) maximum building height to be 18' from grade, (4) roof material to compliment the house and to be residential in style, i.e. clay tile or concrete tile (If the roof material for the accessory structure is metal, then it must match a metal roof on the main residence.), (5) fascia to be plaster to match the house. Motion carried 5-0-0-2 with Commissioners Hanson and Lopez absent. C. Miscellaneous 1. CASE NO.: MISC 04-67 APPLICANT (AND ADDRESS): STAN & MICHELLE SMITH, 73-526 Ironwood Street, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Request approval to raise existing 4' high wall on the west side of the property to 6' (12' to 4' from curb). LOCATION: 73-526 Ironwood Street ZONE: R-1 Mr. Smith stated that this item was on the last ARC agenda and commission requested the opportunity to visit the site. Staff went out and shot some more pictures with the assistance of the applicant. There is a wall inside of a wall. In your packet you did receive updated plans. Stan Smith was present and indicated that he had raised the height of a wall that had existed for some time. It was located in the same location as the wall presently is, but was lower in height. Commission determined that the wall needed to be relocated back at least 12' from^the Burroweed curb and accordingly it was moved and seconded to approve the 6' high wall subject to it being 12' back from curb and stucco added to match the existing residence. A landscape plan was requested for approval by the Landscape Manager. Action: Commissioner Vuksic moved, seconded by Commissioner Van Vliet for approval of a 6' high wall, subject to (1) the wall being 12' from curb, (2) stucco to match existing residence and, (3) approval of a landscape plan for the parkway area by the Landscape Manager. Motion carried 5-0-0-2 with Commissioners Hanson and Lopez absent. taiver\wpdocs'Agmin\AR04228.MIN CITY OF PALM DESERT, CALIFORNIA REQUEST FOR CITY COUNCIL REVIEW DECISION OF THE (Name of Determining Body) ', G Case No. Date of Decision:. Project Proponent: Address: Description of Application or Matter Considered: COPY TO ..0--A,4 ^i DATE 1--to-to M ber of the City Council FOR OFFICIAL USE ONLY Date Filed: -- 1 CD — CAS Received by: gcpcl?' Action Taken: Date: Rachelle D. Klasseri, City Clerk C:\WONDOWS1Ternporary Internet Files\OLK62B1\cncl req for rev.wpd 5/21/03 4 CITY OF PALM DESERT, CALIFORNIA REQUEST FOR CITY COUNCIL REVIEW DECISION OF THE Architectural Review Commission (Name of Determining Body) Case No. MISC 04-67 Project Proponent: Stan & Michelle Smith Date of Decision: Dec. 28, 2004 Address: 526 Ironwood Street, Palm Desert, CA 92260 Description of Application or Matter Considered: Request for approval to raise existing 4' high wall on the west side of the property to 6(12' to 4' from curb) x.a 0 COPYTOg+4 NI DATE ._..) '' I Q - Q. S. Me enber of the City Council T1 r T'1 C9Tr! c rn rrl X rn -41 FOR OF ICI USE ONLY Date Filed:- l-- (cam — 0,5 Received by: C:?t�� Date of Consideration by City Council: "—TBD, Action Taken: Date: Rachelle D. Klassen, City Clerk H:lrklassen\WPdata\W PDOCSIFORMSIcncl req for rev.wpd 5/21 /03 January 13, 2005 Architectural Review Commission City Of Palm Desert 73150 Fred Waring Drive Palm Desert, Ca. 92260 Dear Sirs/Madame; RE CE ' pq 9 COMMUNITY DEVELOPMENT DEPARTMENT CITY OF PALM DESERT Attached you will find a map of our property located at 73526 Ironwood Street in Palm Desert. In regard to your decision on case No: Misc 04-67 requesting approval to raise existing 4' high wall on the west side of the property to 6' (12'to 4' from curb) which you kindly approved being 12'from curb on December 28`". We would like to please ask for a variance on the just the last 25 most northerly feet of the wall tobe modified in part requesting that it be permitted to the minimum set back of 7' feet from the curb. With the way that our home is situated on the property we feel this would add to the uniformity of the existing wall and make the overall appearce more attractive to the neighborhood. We would appreciate any help you may give us in this matter. Reectively, ��r moron u>co 0 C it,