HomeMy WebLinkAboutReview of ARC Decision MISC 04-63 - Steve Plant 43-825 Carmel CircleREQUEST:
CITY OF PALM DESERT
Community Development/Planning
STAFF REPORT
City Council review of a decision of the Architectural Review
Commission approving plans to replace existing fence with a 5' high
fence in the front of the house at 43-825 Carmel Cir. 7' from face
curb.
SUBMITTED BY: Ryan Stendell, Planning Technician
APPLICANT: Steve Plant
43-825 Carmel Cir.
Palm Desert, CA 92260
APPELLANT: Councilman Jim Ferguson
CASE NOS. MISC. 04-63
DATE: January 13, 2005
CONTENTS: Recommendation
Discussion
Architectural Review Minutes meeting of November 23, 2004
Architectural Review Notice of Action, November 23, 2004
Plans & Exhibits
Recommendation:
That the City Council by minute motion continue the review until issues involving
potential front yard wall code amendments are resolved.
Discussion:
Background:
This is a request to replace an existing fence with a 5' high fence in the front of
the house 7' from curb. The house is located at the intersection of Carmel Cir.
and Rancho Rd. The existing fence/wall in the front yard consisting of 5' high
masonry columns with white painted wood fencing between them at a height of
4'. Adjacent to Rancho Rd. the wall is setback 7' from face of curb. Turning the
corner to Carmel Cir. the setback from curb tapers down from 7' to zero. The
applicant requested approval to replace the wood fencing with block wall at a
height of 5' stuccoed to match the house.
Staff Report
MISC. 04-63
Page 2
January 13, 2004
The house is oriented so that the front and street side yards are the primary open
space areas. The applicant would like to continue utilizing this space while
upgrading the existing deteriorating fences. The Carmel Cir. street side yard
wall, currently at the curb line would be moved back to 7'. City right-of-way on
Carmel Cir. is 7' and 12' along Rancho Road. The existing walls are within the
right-of-way. The current code allows a 4' wall 7' from curb. The Architectural
Review determined that the upgrade and relocation of the existing walls to at
least 7' from curb justified the exception. After the ARC action the applicant
demolished the wood fence portion of the wall.
Submitted by:
Department Head:
Ryan Stendell Phil Drell
Director of Community Development
Planning Technician
Approva
Homer roy
ACM Developme , rvices
Approval:
Carlos Ortega
City Manager
:ITY COUNCII/CTION:
APPROVED ✓✓ DENIED
RECEIVED OTHER
MEETI G DATE�A�
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Council Request for Review cam? Zr
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DECISION OF THE Architectural Review Commission „-0
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Case No. MISC 04-63 Meeting Date: 11 /23 /04
Name of Appellant Jim Ferguson
Address Phone: ( )
Description of Application: Request to replace existing fence with a 5' high
fence in the front of the house, 7' from the curb
Reasonfor.Review Compatability with neighborhood
Signature of Appell
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Date
FOR OFFICIAL i?SE ONLY tit Date Appeal Filed: �' 5 7 Fee Received: t" t A
Treasurer's Receipt #: �_. Received by:
Public Hearing Set For.
Action taken by the City Council:
Date:
Sheila R. Gilligan, City Clerk
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2005
violates that. He said he felt there was zero necessity for this when a six-foot
gate and wall would work fine.
Mayor Pro Tem Ferguson stated that the wall was already built, so whatever
the Council does would have economic consequences. On the other hand,
the wall was never approved, and if a permit had been applied for, this may
have come up earlier than this. He said he had driven down Grapevine
earlier that day, and this particular property was the only one like it on the
entire street.
MR. BUCCINO stated that the Architectural Review Commission had
reviewed this project as presented to Council now and had approved it.
Mayor Pro Tem Ferguson responded that the Council had appealed that
approval.
Mayor Pro Tem Ferguson moved to continue this matter indefinitely during
processing of Zoning Ordinance Amendment Case No. 04-04. Motion was seconded by
Benson and carried by a 4-0 vote, with Councilman Spiegel ABSENT.
B. CONSIDERATION OF CITY COUNCIL REQUEST FOR REVIEW OF AN
ARCHITECTURAL REVIEW COMMISSION DECISION, APPROVING
PLANS TO REPLACE EXISTING FENCE WITH A 5-FOOT HIGH FENCE
IN FRONT OF THE HOUSE AT 43-825 CARMEL CIRCLE Case
No. MISC 04-63 (Steve Plant, Applicant).
Mr. Stendell reviewed the staff report and recommendation, noting the
request was to remove the wood painted fence portion of the wall and
construct a five-foot masonry wall in its place. Architectural Review
Commission requested that the wall on the street side (currently with a zero
setback) be constructed with a seven -foot -from -face -of -curb setback and that
it be stuccoed to match the home. He added that based on the state of the
deteriorating existing wall, it was felt an exception could be granted.
Although, he said staff's recommendation was to continue this matter during
processing of the Zoning Ordinance Amendment as in the previous case
above.
Mayor Pro Tem Ferguson moved to, by Minute Motion, continue the review until
issues involving potential front yard wall Municipal Code amendments are resolved. Motion
was seconded by Benson and carried by a 4-0 vote, with Councilman Spiegel ABSENT.
14
CITY Of P11Lffl DESEPT
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 9226o-2578
TEL: 760 346-061I
FAX: 760 340-0574
info@palm-desert. org
January 18, 2005
Mr. Steve Plant
43-825 Carmel Circle
Palm Desert, California 92260
Dear Mr. Plant:
Subject: Consideration of City Council Request for Review of an
Architectural Review Commission Decision, Approving Plans
to Replace Existing Fence with a 5-Foot High Fence in Front of
the House at 43-825 Carmel Circle (Case No. MISC 04-63)
At its regular meeting of January 13, 2005, the Palm Desert City Council considered the
subject case and took the following action:
By Minute Motion, continued the review until issues involving potential
front yard wall Municipal Code amendments are resolved.
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 us.
Sincerely,
RACHELLE D. KLASSEN, CMC
CITY CLERK
RDK:mgm
Enclosure (as noted)
cc: Ryan Stendell, Planning Technician
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