HomeMy WebLinkAboutVAR 08-261 Toia 46-020 Burroweed Ln 10/09/08 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 the 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
46-020 Burroweed Lane
Palm Desert, CA 92260
CASE NOS: VAR 08-261
DATE: October 9, 2008
CONTENTS: Draft Resolution No. oa-93
Legal Notice
Planning Commission Minutes for Case No. VAR 08-261
Planning Commission Staff Report dated September 2, 2008
Comments from other departments
ARC Minutes from meeting of April 8, 2008
Plans and Exhibits
Recommendation:
That the City Council waive further reading and adopt Resolution No. 0�-93
approving Variance 08-261, subject to conditions attached.
Executive Summary:
Approval of the staff recommendation will approve a variance to allow the
reduction of the required minimum side yard setback from five feet to zero feet to
allow construction of a golf cart shed located on the property line.
Staff Report
VAR 08-261
October 9, 2008
Page 2 of 7
Discussion:
I. 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 the 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, similar to the
request by the applicant.
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 feet x 8 feet 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 structure has currently been built without permits for approximately
two years. In April 2008 staff received a complaint from 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 common 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 of 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
G:�PlanningAKevin Swartz\Wo�dAVa��08-261 ToiaVCC repoet.doc
Staff Report
VAR 08-261
October 9, 2008
Page 3 of 7
information, and the neighboring 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 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. ZONING AND GENERAL PLAN DESIGNATION:
The property is zoned R-2, 8,000 and is designated Low Density
Residential 0-4 units per acre in the City's General Plan.
C. 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
D. 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 properry including when the
size, shape, topography, location or surroundings, or the strict application
of the title deprives such properry of privileges enjoyed by 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.
E. 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 will enhance the area. Commissioner Limont couldn't
over look the fact that the structure had already been constructed, and
didn't want to condone building without permits. Commissioner S.
G:�Planning�ICevin SwaRz\Wurd\Var OR-261 Toia\CC report.doc
Staff Report
VAR 08-261
October 9, 2008
Page 4 of 7
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. Motion carried 4-0 with
Commissioner Schmidt absent.
II. 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.
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 generalty 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 �h" to get slope; redoing and cleaning up the entire
flashing on the perimeter of the structure; not going over property line; and
continuing the tile on the roof. The project was approved on a 4-0-0-2
vote, with Commissioners DeLuna and Hanson absent.
C:�PlanningAKevin Swartz\WordVVar OS-261 ToiaACC report.doc
Staff Report
VAR 08-261
October 9, 2008
Page 5 of 7
III. 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.
B. LAND USE COMPATIBILITY:
The proposed golf cart shed 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 difficu/ty is that he'd have a legal wal/ with a
gate opening, but he'd be unab/e to practically use the area behind the
wall due to lack of a roof or rear wall and wou/d ultimate/y decrease his
property value. A/though the subject property is zoned R-2, 8,000 the
applicant's /ot only contains 6,900 square feet and is smaller than the
minimum standards and is located on a corner. The /ot of the applicant's
property poses a practica/ difficu/ty and physica/ hardship to the applicant
being able to accomplish the proposed addition unless a variance is
G:�Planning\Kevin Swartz\Word\Var OS-'_6l Tuia\CC report.duc
Staff Report
VAR 08-261
October 9, 2008
Page 6 of 7
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 /ots in the surrounding zone which have a minimum size
of 8,000 square feet and for which the R-2 zone deve/opment standards
were written. In addition, the applicant's home and many other similar
o/der homes on similar size /ots on Burroweed Lane were constructed
under Riverside County Zoning Ordinance deve/opment standards which
resu/ted in the construction of shared common walls. Staff agrees with the
applicant's justification that there are exceptional or extraordinary
circumstances or conditions applicab/e to the property involved that do not
already exist with regards to many other properties /ocated 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 strict or literal interpretation and enforcement of the required 5-foot
side yard setback wou/d deprive the applicant 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 go/f cart
barn. Additionally, as was stated previously, the applicant's home and
other similar older homes on similar 6,900 square foot size /ots were
constructed under Riverside County Zoning Ordinance deve/opment
standards which resu/ted 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 wou/d 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.
G:�Planning\Kevin Swartz\Wurd\Var O8-'_'61 Toia\CC report.doc
Staff Report
VAR 08-261
October 9, 2008
Page 7 of 7
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
comply with all requirements of the California Building Code, and 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.
IV. ENVIRONMENTAL REVIEW:
The project is a Class 32, Categorical Exemption for the purpose of CEQA and
no further review is necessary.
V. CONCLUSION:
The request for a variance to construct a golf cart shed within the required five
foot side yard setback is consistent with development in 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.
Submitted By: Department Head:
� �'�►�
Kevin Swartz Lauri Aylaian
Assistant Planner Director, Community Development
::ITY C�TJr1C� .AC�IOI�i:
Approva�� ,,.-� 7�P�.(�°�� 1��N��I3
/ �,,.� � �C�TVE��, �, C�'�.�'�}�<n �`
( � -�� 'w�.°"� . .....x..c��c,...,.��2,�,r..�.+,,�_.m.. •
�' �Crt.a T �� e', 1 ' / �.....�o...�......
ti
� � �*��:3����i ��,�,
�t ��aD ,,�� �...o., .�..+w.��....
`� ..�n.acww.y .
Homer Croy � ��` - _n�.�.�,.�.�,...�.��,�,
���s ��
ACM for Devel me.�� t Services �.�� � �� � � G�/;��,�'��L�"r.M`�1���M���� ����.,�.
A��rtF �av � �„� w�� .,
�.:s
,_, �:�.�x,�,,�.�-.�-�.,...,�.�,dw,.-
�r�1�1�` S�.mt.a ' ' — ,
t i , --�.—,.
�.��,�.�,�.�,.,
�r�.g�a�al �n �"il� wi Citly Cl�rk° s C�ffic�E.
Carlos L. Ort * By 1'[inute Motin, referred back to the Planning
Commission for definitive reco�endation back to the
City Manag City Counci. 3-0 (Ferguson, Relly ABSENT)
G:�Planning\Kevin Swartz\Word\Var OR-261 Toia\CC report.doc
RESOLUTION NO. 08-93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING, 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 NO. VAR 08-261
WHEREAS, the City Council of the City of Palm Desert, California, did on the gtn
day of October 2008, hold a duly noticed public hearing to consider the request by
Michael & Mariane Toia, for approval of the above noted; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 2"d day of September 2008, hold a duly noticed public hearing to consider the said
request and after a failed 2-2 vote, the Planning Commission by minute motion voted to
forward Case No. VAR 08-261 to City Council with no recommendation; 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, 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 City Council
did find the following facts and reasons to exist to justify the 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 resu/ting practica/ difficu/ty is that he'd have a legal wall with
a gate opening, but he'd be unab/e to practically use the area behind the
wall due to lack of a roof or rear wall and would u/timately decrease his
property value. A/though the subject properly is zoned R-2, 8,000 the
applicant's lot on/y contains 6,900 square feet and is smaller than the
minimum standards and is /ocated on a corner. The /ot of the applicant's
property poses a practical difficu/ty and physical hardship to the applicant
being ab/e to accomplish the proposed addition un/ess a variance is
granted to reduce a required minimum 5-foot side yard setback to allow
construction on properiy line. Given that the homes /ocated on
Burroweed Lane were built over 30 years ago and some of the homes are
CITY COUNCIL RESOLUTION NO. 08-93
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 /ot as compared to most other sing/e
family residential lots in the surrounding zone which have a minimum size
of 8,000 square feet and for which the R-2 zone deve/opment 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 wa/ls. 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 /ocated 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 strict or literal interpretation and enforcement of the required 5-foot
side yard setback wou/d deprive the applicant 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 go/f cart
barn. Additionally, as was stated previously, the applicant's home and
other similar o/der homes on similar 6,900 square foot size lots were
constructed under Riverside County Zoning Ordinance deve/opment
standards which resu/ted 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 wou/d 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 go/f cart barn would enhance and improve the va/ue and
aesthetics of homes in his neighborhood. The proposed expansion wou/d
not be detrimental or materially injurious to the neighborhood since 95%
of the neighbors are supporting the go/f cart shed. The golf cart shed �
wou/d comp/y with all requirements of the California Building Code, and
wou/d not be supported by structures on the adjacent property, and wou/d
not drain onfo neighboring parcel. Therefore, the variance will not be
detrimenta/ to the public health, safety, or welfare, or materially injurious
to properties or improvements in the vicinity.
2
CITY COUNCIL RESOLUTION NO. 08-93
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings of
the City Council in this case.
2. That the City Council does hereby approve VAR 08-261 subject to
conditions attached (Exhibit "A")
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
City Council, held on this 9th day of September 2008, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JEAN M. BENSON, Mayor
ATTEST:
RACHELLE KLASSEN, City Clerk
City of Palm Desert, California
3
CITY COUNCIL RESOLUTION NO. 08-93
CONDITIONS OF APPROVAL
CASE NOS. VAR 08-261
Department of Communitv 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.
Buildinq and Safetv 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
CITY COUNCIL RESOLUTION NO. 08-93
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
C11� Y DF � Nl �l UCSIf� �(
�'s.' ',.�� 73-5io FkEi�WARWG Dttivt
PAL�1 nF.SER'I-,�.ALIFURNIA�2260-2578
TEL:760 ;q6—o6i�
FAX:760 34i-7o98
in(ulYral m-dcscrt.ur6
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
City Council 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
CLUB.CIR LE DR�
JUNJPER S7 '�N�1FC�' �
z Q
RNYON ST r-
�
� �
A
m �
<
fRON1A00D ST �'—
cf �
o �
A �
A �
FfODLENECKLN� F�. �
g i11
T
6 �I �0��
a � oURSFW
o E�N�
�1 �� 1'(E,ST�t1
�
-GRAPEVINE ST""""`����"~�GRAPEVMlE ST"—"_'—'—� ""'�`!-�
I AArR OR � ���m�
JI m �
J .— - �C rR
.NILl.O W ST
N �
m �N�pGIR �
—BURSERA WAY...__ __._y. �� , A�CN�mS'C1
�; u-
R
t
SAID public hearing will be held on Thursday, October 9, 2008, at 4:00 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 befinreen 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 City Council at, or
prior to,the public hearing.
PUBLISH: Desert Sun RACHELLE KLASSEN, City Clerk
September 29,2008 Palm Desert City Council
MINUTES
PALM nFSER� 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 archi ects there. If they would
approve something like this, she thought the PI,, g Commission should
,-:.
stand behind them also. She thought it was nic ` ne.
Chairperson Tanner concurred and as "` �or ``, otion to approve the
project as presented with the amendm s. �
��`�,.:
Action: �`-
It was moved by Commission�;� . Campbell seconded b :. mmissioner
Limont, approving the findings�`" , � resen y staff. Moti `�;. arried 4-0
(Commissioner Schmidt absent) � ��x J
N
� ?
It was moved by Co ��� ', er R. Ca�`'' II, seconded by Commissioner
Limont, adopting Pla�; ` ission lution No. 2484, approving
Case Nos. PP 07-13 a�'�, U sub� yt conditions as amended.
,�;
Motion carri 0 (Com ion ab t).
��" � ,` ��
�� ,� �{�� `%�>,
�. �� ; F,�,,.
�`� ���.
� � °
C � se No R 08- � �— MICHAEL AND MARIANNE TOIA,
5�� plican % �
�,:
���', �� , �� ;
,, y ,�,...� a
,z �,� ��y Re r appro �" � variance to allow the reduction of a
� '' ,�,� qui inimum side�yard setback from five feet to zero feet
��� �� low truction of a golf cart shed located on properry
� lin r a 1 ' ting single family home located at 46-020
� Burr,; ed La-'' `.
; �i�,�
�
� . Aylaian c lained that the case before the Commission represented a
� r.
r` `' st f � ariance in side yard setbacks for a go�f cart barn. By law, a
var � ires that very specific findings of fact be made by the Planning
3:;
Comm� . on. 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 properry 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 thes homes have a zero lot
line and some are cottages that are separate. S ed if that was correct.
Mr. Swartz replied that was correct. Commissi �' . Campbell asked if the
Toia home and the Pride home were both ,,, cottages or if they had a
zero lot line. They didn't have a zero lot li r`,� oks of it, so they were
cottages with a side yard of five feet e h side e property line wall.
Mr. Swartz said that was correct. C `` ssioner S. ell indicated that
they now have a zero lot line on oia's side, but M . ' e still had the
five feet on her side, but they h� , . riginally s Id as cottag" ' e individual
homes. Mr. Swartz said that wa'` ect. �
�.
,;.
;�,�ti
Referring to the slide� here the gu ere added, Chairperson Tanner
asked if a small pitc � oofline wa .:,,; �ng requested. Mr. Swartz said
yes and explained tha�, ' ctural Commission placed that as
a condition. Chairpersor�� nne ' d tha , itch would actually bring it
up and the ers woul off „ ,' `5 . Swartz said yes, it would
have to b �� �
� �
v
���w
� ,.
Ref ��g to the d`�� „ n appra '`' by the City, Commissioner Limont noted
that olf cart ,, roof ap , ed to be level with the wall, yet the end
. ,
result vrr , all��:.` � a hat was correct. Commissioner Limont
d if t ad�uste` s being built or if it was part of this whole
` � the�� s ,,e facing right now. Mr. Swartz confirmed it was part of this
,, �
whole`s ulty
: �
,.,��:s
� - Commissio R. C pbell stated that if he understood after doing some
^���;��.�questionin g,'` . t an y thin g that's approved there's permits that have been
� led and ¢�vas basically like starting from scratch and architectural
Y�gs �y� o be made and the whole process would have to be gone
thro" it wasn't there at this point in time. Mr. Swartz said that was
corre` �
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 nFSERT 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 o�ened the public hearing and asked the applicant to
address the Commission.
MR. AND MRS. MICHAEL TOIA, 46020 B rroweed, came forward.
Mr. Toia stated that he had a couple o �- res that showed the
before and after pictures of the cart bar "�` he could pass them out
or dispense with them, either way ✓ ated in the Background
Section II of the staff report, the n barn replaced the old
dilapidated one. They initially a,, 'e for a p ' for an enclosed golf
cart barn. They were told by ity Permit Sp ' 'st that they could
get a permit for the front ` ut they would h abide by the
setback for the alumin , � of and he told them th ,,X s really not
�,�
their desire, that they w°' like to n enclosed , and they
added at that point that the =:,,,:, sed this matter with their next
door neighbor s d she was f'``' board with getting rid of the old
structure and '�" it with so ; 'ng newer.
������.
c.,
He noted that th`' ing� ilt ab ''µ° o years ago and for two
years, , re were n mpl ' � n erything was fine. Then in
th ` imefra q; e�ghb`�'' ged a complaint and the rest
ind `" 'story. ' ew the Planning Commissioners all read
, �\ staff re „ , but t ,; , em (he and his wife) it was compelling
�' tween S�,+'' `` ns II an of the staff report it referred at least five
��..
t , °�' � �� a , f the homes in the neighborhood were
�,,:y. � ��.w.
�°���:N bui y on '�� � ` erty line and they share common walls
'��-� �; itho` � etback on one side. They felt this use was compatible with
����� ;
It n further to state that the strict and literal interpretation
��:' a forc'�'.P t of that specified regulation would deprive them of
� privi ` ' s en�" d by the other neighbors in that community. It was
� �� alrea � � ointed out that if this variance is approved, it still allows a
3��. four f ' plus setback from the common wall to Ms. Pride's home on
�:- ��
he of the wall.
�
�� �
���� 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
P01 M I�FSERT PI ONNING COMMISSION SEPTEMBER 2 200
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 s itch direction into a new
area of objection. ,�;�� ,
,
���.
In attachments his wife was distr� ` to the Commission, in
attachment A-1 and A-2, her initia ;: pl� ., as simply the five-foot
setback code. He thought upoM �� �zing th ; .,, City had the ability
to grant a setback variance,„' """ achment B- ,s attorney made a
new objection based on '� cure set of CC&� ._ at were put in
place in 1969 which w,,: ended to rotect the o I developer
and should have expire ° 85 we �' ot for the fac �` t all of the
homeowners forgot about� - s ;""= s and just didn't execute the
paperwork. So ,F en this 39 y�s CC&R was applied to their case
for these 13 h ` 12 of the homeowners met and annulled
and recorded th` � ' n to the R's, which were recorded on
March 27 of this �;: ��
� �;:E
,�,, A- � ���,
U . tion o��° ' x" cle, , jection shifted to the "illegal
ure"�4* h wou ersely affect Ms. Pride's property, impact
��.'� sale or , nsferab y of her property, and would have to be
�. .
"€ ' closed �, home in ctor. She stated that in a letter to the
�� � ;„ ., .
�` bo � as�'c achment G2 and -3, as welt as in the
f , ��.F, .�
no ' , ,�,� the with the ARC (Architectural Review
� � f�, om n) on March 11.
,
'`�� � �:� �.
��. Chairper ' Tann ��.. : plained that they were here to discuss the ordinance
�x, � P�
� 3 (variance) �y not t . complete description of what had happened in the
"y�` ,�ast. They � here to decide what to do moving forward, so if he could
����p his cor�` ,' nts to that, the Commission would appreciate it.
��.
�,,,.
��'h � � oia thought they have made the case, thought the staff report
'��''de 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 is original garage if that
was an issue. He clarified that they were hy="'�' an tools.
Commissioner Campbell asked for confirm_ t they weren't used past
a certain time in the evening. �. �' �
Mr. Toia said never, he was t ;; � d after five o
iY�'
Commissioner Limont had a g:. �`" question. Mr. Toia we` ' � is neighbor
and he discussed it with her f "` e had � pproval for a " e closure;
however, he wouldn't meet the Ci o. y s with regards to the tin roof
with regard to the set., ck. But he t ;; over with his neighbor and she
�
said yes. � �,M �
�� f;
� �
Mr. Toia said yes: �'� ;�. '
;�
r.���.,, . �: ��;, ,;,�;,
Commis nt ask e di � n right back around and go
over t,,h : ` ity a � ay the bor said it was okay, why not an exception
so '� o years ,,, r it wa- ,,,, an issue. The point being that it's great,
espe ° when et your ' hbors to agree, but now they were all
,:�, � ;� � � �
there. �, ��� . � ��,�
�, �
,�..3.�n,� � ;��� , , v�.��,�,.
�� �� r. id he had two regrets on this whole program: one, that he
���h.: � ,.
;;�'' 't g , agreement in writing; and two, that he didn't realize at
� th� e th� � process was available to them.
�;�� «::° ,,, i,
' ���Commission' '% imont asked why he didn't go back to the City; he knew it
'�: sn't with� guidelines of the City ordinance. He knew he had to comply
hy r���o back to the City, because he knew if he continued, even if
his r�., said yes, it wasn't in line with the City.
K,��
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 I�FSERT PLd►NNING 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 s ven years.
, "
Commissioner S. Campbell indicated that Mr �- as familiar that it was a
smaller lot than the rest of them; that he onl 900 square feet.
Mr. Toia said he knew what th, ; � ught, b had no idea it was
smaller than other lots in the, � borhood. It a"'� e ten feet on the
side of the house that no ", e other lots on t ��" eet had. It just
seemed like an ideal pl ` ' put a golf art barn.
Chairperson Tanner asked for pu "� s ' in FAVOR of the project. He
noted that he had two; equest to S rds; one from Richard Kelly and
one from Mary Helen ��F , e asked tli� come forward.
;�
MR. RICHARD �� L , Bur ed Drive, stated that he
s�.
realiz eing a �' Cour�e; t re might be a question of
co � terest "y� ''" revi° ` , that with the Attorney who
red hi at he �L e right and privilege to appear before the
,��,, .
anning C' ' ission.°°;;,; understood that if this did go to City
4: unal, h s uld have stain. He heard it said that he is a close
o �' '� ,, n ; e isn't. Before this happened, he didn't
����, ev ' his na �} .s �ust said hi and he went by and saw him
='' �.�r<„��;�r�s��;
'� �:, ork� yard improving his properry. Mr. Kelly was always pleased
� ��.: wh , ., saw. Mr. Toia took out all the grass and put in drought-
to��' t lan ing. He actualfy turned a bad piece of properry into a
ve ,e piec " f property. Mr. Kelly understood that the Commission
A � was 'A` ting strictly with the lot line, but he wanted to also express
�:.
���� that t, � olks that live around there are interested in more than the lot
„�� lin�,, y are interested in what their neighborhood looks like and he
'� at everyone sitting there, one of the most important things to
` �K�m 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
poi nn nFSERT pLANNING COMMISSION SEPTEMBER 2 200
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 al , g the line. It seemed to
him that all of the hoops the applicant had. p through and all the
expense he's gone through, he guess, r. Toia spent $5,000 or
$6,000 already because of this probl `' the fact that he did make
several contacts with our Building ; ` nd discussed what he
was working on, that golf cart s,, ;� ere w � Id have been some
misunderstanding. Although ' n't condone building without
a permit, on the other ha;;, . seemed like ther� ome kind of a
misunderstanding and a person , ays the pric ; re ought to
be some way to come to� „ ,, nclusia„a t was pleasin� the whole
�^ � :
neighborhood and somethi t ` - air.
�
As far as influ �� e Plannm ���� mission, in his 25 years on the
City Council, h� .., � ' k he e ,; ied to influence a Planning
Commissioner e F not cou uence any of them. But it
had a, s been poli �.; y PI '� ing Commission did their
b� \� � d then`;' ' got��" �` ��a Council he would do his
ess. wasn't to influence them, he was just there to
�� te some "�` e facts' ` eir neighborhood. He thanked them.
� ��"�� ,.. '�°�,;
�,,....
L ` , 46100 Burroweed Lane in Palm Desert,
� °�. sta she wa� re to talk about the lot line. Ms. Campbell
� \ � kec�- ut the cottages and some of them were like duplexes, but
��,;
����15� ��� o on their side of the street were separate homes, but
'�, � � .'„ �
% so �;were ,., zero lot lines, the others might have some space on it
��
, � and ,..,s e mi� °' e one or two with zero lot lines on both sides. It was
alrea ,` here and she was there to speak in favor of doing whatever
;�,�
;�� they ,; �d do to help the applicant.
, ��K�`
Ch� ; °. .,�' anner 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 nESERT 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 receivershi and was run down, the
grounds were a mess and the pool w ack. Since Mike and
Marianne purchased it, they have don ing but work on it and
improve the beauty of their street. , , new cart garage was a
continuance of that drive to e c so, as a member of
Shadow Mountain Golf Club, . ' preciat hat the Toias have
done on the golf course side,�,, , ir house. Si where they are,
they are not only the y to Burroweed ` , but also to
Shadow Mountain. The' '� s have i roved both.
��-: _>:;
There was no other testimony in f C '``� erson Tanner asked if anyone
wished to speak in OP�?y SITtON.
,.-�, �.
�:..:
MS. SUZANN 40 Bup ed Lane, presented pictures.
She stated that �'S¢„ 72;` . dow' � , tain Fairway Cottages on
Burro d Lane `" e b ' th� city of Palm Desert was
in ' ` Thirty '�y, ago�' �; evelopers had integrity and
�,;
isdo mainta ,, , al setback codes of adjacent properties in
same vi ?� `` ty and v��' r identical zoning classifications for safety,
,� acy, a��, t�cs and n = depreciate a property's value.
,�i� ��;,� �' �3 k'''
�, „ , �k.
� On eed La� _�. G ing a common wall, have the privileges
';��� �� � joy d are not deprived of safety, privacy, aesthetics and the
��,, erty ��` e for the legal setback code has been maintained and
en „ ed. +��� are two sets of cottages on Burroweed Lane that
�� sha �. arage ; ommon walls and there are eight sets across the
'y� stree�. - t share common living room walls. Mr. Toia's home that is
� T the fi ;; , ome on the street is a single family residence. Yes, as they
�,� .;;
sp�, f their homes, which number one is not affected, there isn't
�... ,
�� .,� e on Burroweed Lane that is affected by the building structure,
`�" 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 nFSFRT 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 aeri � w of 46040 and her
neighbor at 46060. They could see on ` ht hand side where the
setback is. To the left hand side of ` e, because of the illegal
structure that has been built, there�' t me privileges enjoyed.
She showed the other side that, a` s the g ; wall.
As they could see, as the '° ets only of the Fa�, „ Cottages that
�,.:,
share the garage wall, , were 463 0 and 4634 could see
the golf cart trail and f ` etbac == y could see ; ir garages
attached and then they wo � e , setbacks between the homes
46340. These h es enjoy th� , z' ges of maintaining the setbacks
from 1972 wh � z ` ere origin A onstructed.
,,Ms;,:�
_,:,..�
The aluminum ro ° � hat ' spe f is not legal and was not
there ' e origin, "; was,. \ a1 ither. In the origin, the only
ga ched t '� of f age and the space was open
ut ro �, gate
;�.
� �;.
� . Pride �`� man e � have asked her wh she didn't see the
���.: �ry. � Y p Y
a �It � stop it. She stated there was a juniper
he ing an � Id not see anything being done and when
'�` �� � �: e r�� � ed the juniper hedge, which was very dense, there was Mr.
�� 5}
�� � 's p ming from his swamp cooler over the garage, over the
����� ill olf '� „� tructure, draining onto her property.
�;� : ,,.�
�� „
�� She �,, wed pictures of the views she sees from her bathroom slider
�����z
y�....rt,.: mirro : hich devalues her property. Mr. Toia has a table saw and
hi ered tools, high voltage tools in his workshop, which he
� �� ,� ;,'';
:,� , t mention on his variance. On January 3, 2006, Mr. Toia got a
�z '�� e 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. aid they never would
have signed anything if they knew this w t permitted.
��'
When Mr. Toia said he spoke with „ " r s to his building plans,
he never explained his intention� � ever e ' ed to her that there
was a gate enclosure. There °� o much buil , tructure going on
the year of 2006; one leg ,o� � ' our illegal. It was overwhelming.
He never mentioned th - � was goin to...that he . a permit for
the gate enclosure and then h �' going to tu ''" round and
build an unpermitted struc �''= ever in her right mind would
ever imagine th;,, he would sp ,A; much time and so much money
and try to say � roved him ing illegal structures, especially
attached to her . R , ping. hedge was taken down prior
,, �\
to Mr. Toia buil a struc : , she would never have
permi this, she Id h� �� ig � o the City and requested a
st �` uilding��'° �.��� �� " �
�.
- �
� � e was a ;g them�"',°, the only property owner affected by this
al stru and the� nner in which Mr. Toia has ignored the
I "-`� r „£� �', '� ' in�`� many unpermitted structures that have
� �� aff ' r prope � , that affects the aesthetics of her property
� , ��� , thR" a; uld see looking out her bathroom. At some point she did
�� d t her home and this greatly devalued the property of her
�� ,:
�, ._ hd Mr : had an attorney, Mr. Robert Stewart, send her a
� lette��� ��
;;��.
� � airperson�"�""nner asked if this related to the ordinance (variance).
H ,�
, �
���%�3 „ ' � ride said yes. She stated that Mr. Toia had an attorney, Mr.
`� ert Stewart, send her a letter with threats o f b lac kmai l an d
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 n�S�RT 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 resufts of the property line determination."
Chairperson Tanner thanked her.
Ms. Pride indicated that the first survey th t was submitted by Mr.
Fitch's company stated that the property li '` s on the north face of
the stucco wall, which meant that the w s hers. The City rejected
that survey and had a second surve She spoke with Mr. Page
Garner and he told her that the ` tl y indicated that there
was a half an inch differen . e wro r. Garner a letter
requesting that a second su ., e done. She 't feel comfortable
with the fact of how the �� was done. At o �N oint when she
picked up the first sury , ��'n' vin Swart told her as` , 3 and line 4
contradicted each other, r. Fit � been "iffy" i �� e past and
the City might have to � ��� �ense. That made her very
uncomfortable cause she s im and the origin of the survey,
was there a ". : that the s ey that came in could be
underestimated .°, 's ' prope��� �„,,,, e said no, it had to be a
licensed survey ��.,^ pa �,�:. n th ey was rejected and a
seco urvey ca ' ' th � F s a'" ` mmon wall by a half of an
in the lett , ; e la �`° ating that the City was willing
ant s n� ks wit ; ermination of the property line, this whole
� '��ess had b so con ted.
,��� ' y> :
���,' � 'r„�'``
�� : r , „ t Mr. Toia at the time that he did get his
v ga �.` � sure pe\ ' y �he didn't then come back to the Ci t y as
%�y��°°� � °�- s. ' t said and get the permit. But then there wouldn't be
`�� gh for the golf cart barn.
�� �,��..
��"� She k`'S" a pic���e at the end of their cul-de-sac of the home that has
��_
�s�^��F,, a gol ;, rt barn. To the right there was a lot of bush that had grown
%' "' there is a five-foot setback there. All the other neighbors are
over,,
"�9 foll the setback laws. She showed a picture of another golf cart
�4 �"°on Grapevine on the Shadow Mountain Golf Course and they
' `�Id note that they were fol�owing 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
po� M nFSFR� 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 inutes.
,H.
Mr. Toia stated that the survey Ms '� e referred to and the
comments made by anyone at the nd Kevin might need to
speak to some of the things that s, ` t that he said, he didn't
know that he said it or anythin ut the �„' being "iffy"; and the
comment about the half an i talked to .� rner and his point
about half an inch was s - e first survey one without a
monument located at th�.„ : nd end of;the street an , en a tie line
monument was given tog� itch, w � ave him the rtunity not
to do two record angles, _;. ngles, and actually do the
triangulation, it t the prope at the center of the wall as they
found it and P quite hap , ; h that.
��
,. ' ���
�.: ��
�.;:
Mr. Toia said th �Y . id of al � ,, houses on the street and
clearl �. % of the�"; use " q� tti e pictures were distorted;
so . u ` ,ones s� d wi �$"`g acks, it's a single 48 setback
x�_
�:.
the � re see ,;, hich was all he was asking, is to have a
�� gle 48 in' , setback.� e has it on her side of the wall. Seventy
�� rcent (7 w " of the es on their street have either a zero
�`��, c �` �,. �, s� ck. Clearly the minority, 30% of the
�, � � ho � d a dou �r'; �6,�,. ch setback. He hated to respond to these
��`� � ���,� , tty � s one by one, but the pipe she drew going over the wall
�''``" r w '" ver the wall. It was a precautionary pipe for his swamp
��� co thaf ` -t along his side of the common wall, then turned a
��� righ�':"' le an�: rained onto his wall, not down her wall.
��`��.a
��
� ,r�r,;,.
�> „ He d ''� know where she got four illegal structures out of one, but
F� ` � th�� �"'s the way she liked to count. This thing about the junipers
� `�' cut down and suddenly seeing it, every time she drove by his
�:�f�,;,-.
se 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 t of the issues she already
made here, and he felt that even � eren't pertinent to the
�:.
setback, he felt that he needed � ut them-:.;
Chairperson Tanner said want �� keep this perti to the actual
ordinance (variance) itself. ����° 3_ ������;.
�
Mr. Toia said he would rest a n. He thought they heard a lot
of testimony o r the last 1 F�_,,, tes that was not accurate and
somehow the to read th that. He thanked them.
�� �
�a ��:.�. ` -,�, :.
(Ms. Pride spoke from t udi� � ask = speak again. Chairperson
Tanner said . nd expla tha� � , p >' nt had the right to rebut.)
�..;, ';
Chairp �3 " Tan` � �closed a : ublic hearing and asked for Commission
corr� , s. ��; ��
� ���
��� ���� ���..
Commi`�� er � a is isn't architectural, it's procedural, and
f� Y
���� ' ne��`F � od, whi `� . , , s it even more difficult, so they've got a
�� "'" whr'., �' s plain as day procedure wasn t followed, its plain as day
that th� re " reements with regard to how it architecturally came out
`���� and how pos ''�: one neighbor over another. The difficulty is that she
�a rry didn't think ' onal helped anyone to say they needed to tear everything
�%zK �down, but o� E e other side of it, as was pointed out, they didn't want to
��� ;�„
done bu�. , g without permits. So they were really in a quandary here.
'� '� wa ,5' o do the right thing for both people and they don't want to
se �, „ , "" essage that it's okay in Palm Desert to go ahead and build
withou`` rmits 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
poi M nF�ERT pLANNING 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 aa; � aterial more than once
and listened to the testimony and hadn't.; ''` eard anything new that
wasn't in the five pounds of paper they w e'" d. Mr. Toia touched on
it, but it didn't clear it up totally for him.; � questi had was Ms. Pride
wrote a letter asking people to disy heir approv the petition they
signed, but he asked if any of the; �" e were asked to �`"` to the meeting
to support her, because he di,= ee anyon . He asked 4� just asked
them or if she just wrote the lett� let it hat.
Ms. Pride stated that she c� t ' � em. She was hoping the City
of Palm Desert w would sup ,y� r. She could have brought many
people here a could po" have been here much longer.
She was asking� , R , Palm to enforce the law. No other
neighbors are aff""' ,,d b uctur� ept for her.
��, ��>�
Commis " ;,, mpbel� ' /2 her \' answer.
, �,�.
,.,
Co �ioner S � pbell n ' that the case in front of them is talking
�;
� , ��: .
abo �: prope �� e on an ing single-family home. Since these are
existin�;° le- � y � h �lon't have a common watl or a zero lot
� ;,
,y ��',� . The � en to �b ° family homes. And it would be like her
� ' - e � ' 've feet on one side and five feet on the other. She would
' °� not bem� ha have her neighbor build an addition to his home that is
��r, ;
�� right on ;,wall � ,, impaired her view and the value of her property. It
��- should ha� ;' setb 4` . It was built without a permit. It was beautiful, she
� . drove by it a . ,��thought it looked very nice, but it was not allowed to be there
� he first pl ' ;' . So she was going to have a problem voting on this one.
�, �,.
Ch� .�r � Tanner stated that taking a look at this whole situation, this
whole nario, 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 finro 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 me �� ith the City, the plans
to make the structure acceptable to the Comm' " . And at that time, again,
if the ordinance/condition (variance) was here, goes to Council,
when it gets to Council she would have p �ty to discuss what she
wanted, again, when the plans are s� i` d. So ' that said, he was in
favor of granting the ordinance (v �" ) or conditi�' � the ordinance to
allow the process to go forward. ��..
Ms. Aylaian clarified that if the ing Co. z ion approve � variance,
that would be the last the Planni� on would see of this issue. It
could be appealed or c�lled up by t Council, but it is not something
that would return bac�,�� ,;x the Plan ommission chose to continue it
for one reason or anot ����.
��.
,�� ` �� �
Chairperson ... ner aske� the � ' ` t h``` e an opportunity to review
� ..;ri
the actu ` ` f the s r the es. Ms. Aylaian said that was
correc was°,. e ad ratively by the Department of Building &
Saf ':r there wa questio , aesthetics, it would go to the Architectural
Revi �' .,:�Commi but it ' uld not come back to the Planning
w;,-;�.,; ��
Commi x ��- n reiterated that would be because they
itiona pted t�i� '� nce change, or they have accepted the
. M laian said the Planning Commission's area of purview is
��, " really ria � om the required five-foot setback for the side yard. Once
` y����� that iss as ' ed, the Planning Commission's involvement was
� complete 'rpers anner thanked her.
� ��
��a� �.�
�� ,_�
���airpersor� �'` nner said based on the point of order, he thought they would
{�"� an " ortunity to review. Mr. Swartz said that the Planning
�
Co � could put a condition on it that the structure would have to go
back fi�3 e 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 ste , an appeal to the City
Council. Mr. Hargreaves said what they might do ' �. t continue it until they
have a full Planning Commission. He said it;; � also take a motion to
��,
continue it to the next meeting and the Planning Commissioner
would have to review the record and ` at point they could act.
Chairperson Tanner asked if they wo,� ve a p" hearing on it or just
the review and a motion. Mr. Har ' s stated tha ould reopen the
public hearing and then continue � e next meeting.
��� ,
�;�;
,�
Chairperson Tanner made a vy�' to co : " it to their rr scheduled
meeting on September 16. He� �V d ;. ` a second. Commissioner R.
Campbell seconded t ., motion. Mot ried 4-0 (Commissioner Schmidt
was absent). Mr. Ha� stated th��„ ,;e record should reflect that the
public hearing has �: ` ° ned a�� � ontinued to that meeting.
Chairperson Tanner co N. rre 'terat at the public hearing was
now open a � ,ey would�; r it �� f p;�, er�" , 2008.
� . �'
�: �.��,, .-:E
�;:.
'� �o�a s� from udience and said that he would be out of
�; state on� „ ptembe ej�, �
�" �a
�. �.,�3
�: ,� :-
Chairp T to give them dates that he would be
� ble ' woul � the agenda. Mr. Hargreaves advised that
;� to ����� ntinued to a date certain or it would have to be renoticed. It
�` �'" woulc�� � ette ; ;� ey had a specific date. Chairperson Tanner said the
,, October � tings � e the 7t" and 21St and the November meetings were
sc he du l e d ov e r r��r 4 a n d 1 8.
� ���:
:�; Mr T� " said Novem ber 4.
���
�� ;,�'��
Ch anner 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 2�0_
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 com itments that couldn't be
undone. ��:�
Ms. Aylaian said it was up to the Commissi the date they wanted to
,,�
continue it to. �.:��
_;�
Mr. Toia asked if there was ax,� � ing before S ber 16.
/ ��� b ���;E
Ms. Aylaian stated that a spe " eeting w Id not be s ;,,; uled for this
issue. ���''
�� ,��;
Chairperson Tanner a �,ed for sugge` � rom the Commission. He noted
that staff was recom that this '�'..� ne prior to November 4, but he
would entertain a moti ' in com' „s. Commissioner Limont said
that Commissioner Sch t co" ly lis the recordings here and
read the mi s to com ;; to , at 'S ommissioner S. Campbell
pointed � ' was � whi'�� Idn't be here on the 16tn
Com ' er Li t wasn� ., ain if they were going for another vote if
Mrs ,,,�, could b:. ,,� ere In � ess to both parties, Chairperson Tanner
thou : is need,,,��'"o be pres �;, d as opposed to listening to a recording
5�.
and re�` �" �� ,. , ' si Limont stated that her only concern is
the v �' -�; e out o y ntil November and Commissioner Limont
�'�� `� � � � was� e the first meeting in October.
i�y � ,
;e:e?:_:.�
\�� ���. �� 1�m..�: r
�� Ms. Ayla ' aid ' ,,;, er option would be to, as they did with the hillside
.�. application` : Mr. ykendall, to send the issue to City Council with no
� ���ecommend , n from the Planning Commission. Chairperson Tanner said
�,
t was hi °I%� t thought. Commissioners S. Campbell and Limont agreed
,;�at �
�� ���r� ..
Chair��on 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
. ,
.
CITY OF PALM DESERT
DEPARTME�l� OF COMMUNITY LIEVELOPMENT
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
46-020 Burroweed Lane
Palm Desert, CA 92260
CASE NO: VAR 08-261
DATE: September 2, 2008
I. 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 properry line that is
consistent with the single-family homes on Burroweed Lane.
II. BACKGROUND:
A. PROPERTY DESCRIPTION:
The project is located at 46-020 Burroweed Lane, north of Grapevine
Street, and west of Portola Avenue. The properry, 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.
P '' ('
i
STAFF REPORT
d VAR 08-261
September 2, 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
September 2, 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.
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.
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 'h" 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.
%� ��
STAFF REPORT
' VAR 08-261
September 2, 2008
Page 4 of 7
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.
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 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 statf that if the variance is not
granted, the resulting practical difficu/ty and unnecessary physical
hardship would be costly to demolish and wou/d 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 smal/er than the
minimum standards and is /ocated on a corner. The lot of the applicant's
property poses a practica/ difficu/ty 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 properly line. Given that the homes located on
, �� � �_
STAFF REPORT
� VAR 08-261
September 2, 2008
Page 5 of 7
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
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. Additiona/ly, 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 resu/ted 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, Municipa/ 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 wou/d enhance and improve the va/ue 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 go/f cart shed. The golf cart shed
�.
STAFF REPORT
'� VAR 08-261
September 2, 2008
Page 6 of 7
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.
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.
� j� �
STAFF REPORT
�' VAR 08-261
September 2, 2008
Page 7 of 7
VIII. ATTACHMENTS:
A. Draft Resolution
B. Legal Notice
C. Comments from other departments
D. Architectural Review Commission Notice of Action and Minutes
E. Plans and Exhibits
F. Correspondence
Submitted By: Department Head:
���Y ��_
Kevin Swartz Lauri Aylaian
Assistant Planner Director, Community Development
Approval:
,G,'" �
��--�--
�Homer Croy
ACM, Development Services
IlVTEROFFICE 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
� �
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 OS-261 Toia\Building Conditions.doc
{
i, �'� +_ r�
. � � CITY
Of P � L �I DESE
Rt
I73-510 FRED WARING DRIVE
'�� PALM DESERT, CALIFORNIA 92260-257$
�
TEL: 760 346—o6t�
Fnx: 76o 34�-7098
info@palm-deserc.o rg
April 8, 2008
ARCHITECTURAL REVIEW COMMISSION ACTION (REVISED)
CASE NO: MISC 08-40
APPLICANT (AND ADDRESS)• MICHAEL AND MARIANNE TOIA, 46-020
Burroweed Lane, Paim Desert, CA 92260
NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of golf cart bam
structure for its aesthetic blending with the existing home and surrounding
community.
LOCATION: 46-020 Burroweed Lane
Z,ONE: 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 s/ope; 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 Buitding
and Safety.
�
:,IIiII1EG M II(Y(:10 PII[I
; �: C i T �:
Y Of � �� L �l DES
ERT
I73-5�O FRED Vt1ARING DRIVE
PALM DESERT, CALIFORN[A 92260-2578
TEL: 760 346—o6�t
iFAx: 760 34i-7o98
I inFo@palm-deser�.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 bam
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; a�d, 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.
�
G,IIiY7f0 LY�t�filL lAIEI
ARCHITECTURAL Rt� 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 tfie 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
GP.Pl;mrocg`�.�arme J�dy1`�Vortl Files1ARC M�nutes�20481ARC80371.dec Page 2 of 14
� ; (,
ARCHITECTURAL R�� .dV 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 rerr�oved 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),Pfar,n�ngWarone Judy�Word files�ARC Mlr.utes�20G81AR080317.doc Page 3 of 14
. (�� (,- �� (.
ARCHITECTURAL REV��dV 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:\Plann�ng!Jarine Judy\Word F�Ies�ARC Minutes�20081AR08C31 t.doc Page 4 of 14
� (
, , � �
ARCHITECTURAL RE�._dV COMMISSION
� MINUTES MARCH 11, 2008
stili 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 applicanYs 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.
G',Planr,:ngWarore Judy,Word Files�ARC Minutes\2CCb',AR0863t t Aoc Page 5 of 14
. (� �'�; �
ARCHITECTURAL R��._W COMMISSION
� MINUTES MARCH 11, 2008
Commissioner Lambeli 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 applicanYs 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.
G1Planrnr.gWan�r.e JudylWcrd Files�ARC Minutes120CB1,4R08031?doc Page 6 of 14
ARCHITECTURAL E�._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 ADDRESSI• 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 finro
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.`.Fiannir.qVarone Judy�Ward files�ARC Minutes12CG8'AR080311 doc Page 7 of 14
. �
Clty Of Palt'1'1 DeSet"t � Department of Community Development
VARIANCE APPLICATION
73-510 Fred Waring Drive•Palm Desert•Califomia•92260•(760)346-0611 • Fau(760)776-6417
Applicant: - \
�«�.�-�M��1�h�� `'�Q i t� Telephone: ���'.! �`f �`�� �
Mailing Address: �0�3'2� �U�����-'�� �'�-�- Fax number:��11�'l� �
City: Q�-� c�-<<�Y�( State:�Zip:��2.�Email: �"l :� T�i 1k L?' ��i�E t-i��- . N l.=r'1
Property Owner: ` �
Cj� '" t � Telephone:
Mailing Address: mber:
Ciry: State: Zip: Email:
Representative:
��}�''1.� Telephone:
Mailing Address: ax number:
City: State: Zip: Email:
Please send correspondence to (check one): �t✓ Applicant Property Owner Representative
Project Address(s): ��A'M� ��. �� �t�...-
Existing Zoning: General Plan Designation:
PR���t0��S i�� 1',��Tl��L`t' �'�,�,�t'I 1�.D ��l.F ��? �r3� �AJ l T<h�ll� S t-
a��� � . � _ , � � � .tz�
� ' � �f�
� L� i�
—
i�-� R 1�r��' E � / '�1 �
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.
t
�t cc�� �'Tpi� 6 20 �$
Signature Print Name Date
Applicant / Representat e 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
OFF/CE USE ONLY
PROJECT NO: VAR DATE:
ACCEPTED BY:
.
City of Palm Desert �
Variance Application
1. PURPOSE:
A variance from the tertns of the zoning ordinance may be granted on 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. Compiete 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 it 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. ff necessary,Application is presented to the Architectural Review Commission for preliminary review of
the site ptan,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 1�` and 3"' 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, approximatety 6 to 8 weeks after
the project submittal.There is a 15�lay 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 Ciiy Council
(meetings held on the 2"d and 4�'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 retum 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'/Z"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
s 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
� 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 particutar difficulties or unnecessary phvsical hardships inconsistent with the objectives of the Zoning
Ordinance would result if the variance were not r nted?
A 5 9°R SL� 3TA �►?�f ���SENT .S''l�2tAC T /S
O / U �/ L
S 1 c�
�
� �us �v�e �o �v� N���n Ue �M��c� Tv ou�e P�v��7� va�F .
3. • What exceptional or extraordinary circumstances or condrtaons properly that does not apply genera y o
other properties in the same zone?
�Ll� P la � 7i�I- DR-DiN�RY
s T D�
. D
� �
4. � To what extent would the strict or literal interpretation and enforcement of the specified regulation deprive
MffIV K ���t'L�lE�yeDbAl t DUW�e�� !'��! 1eH-i4t•g Sa�j/4-,�i�and�ne? !G!-�
V
/ ,
.
- �
5. • To what extent would the granting of this adjustment be detrimental to the public health, safety, or welfare,
�o rr�t�r�yin'u�ysJto prop�rties or im�ements in the vicin�� p ��� ,N
�C! Y
/
T S.L.F7l�D��c.tPPD�2-i R� l�l �j ,��. sEE�nc�t c -r�aHsc H
6. ' Proposed use of the site (project for which the�fo� filed/d��be the t al undertaking, not just the
eurr�n�pp1icatior�a�p�al�in,g�ug t):
L� GA•!L is�r
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 f
Variance Application
Nortn:
South:
Easr
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 fumish 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 you�request.
• From the parcel map, make a list of book, page, block number, and parcel number within the
above 300-foot area.
■ Using the �sual Numerical Index File, which is to be found in the Assessors Office, place the
name and address for each parcel opposite the number described in No.4 above.
■ Sign Affidavit attesting to name list.
■ Retum 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 sVeet(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 ali 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:
�EY�OuS�'Y Show height of new structures from Finished Grade to highest part of the structure, the roof parapets, and
����E� each floor.
�►N D Show screening for all roof-mounted equipment
�P��E � Proposed signage/awning location(if signage will be on the building after it is built)
g`f TX1E Colored Elevations, rendering and/or perspectives(separate sheet)
A. �•c•
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 Paim Desert
Variance Application
(SAMPLE�
Assessor's Map Q Q - �2
r3 r2
IT 16 15 t4 124 tf f0 g 8
---.f___t J
��= roQ•
9 15 16 21 22
�
8
IO t4 !T �
20
1 11 �g `
t8 t9 /\
SU�'`JECT f 22
� t2 5
PARCE�
8
T
5 t3 f! ta 9 8
!23
a r4
o ..,...--
3 15 � 2t
2Q
!9
IG tT 18
2 t6 12�
f0
fl
rz
� tT rs r� 3
NOTE:
THE SUBJECT PARCEE. ANO THE THREE HUN�RED F40T FER1�tETER LlNE ARE
TO 8E dUTI.iNE4 IN REp,
6
` City of Pa/m Desert
Variance Application
OWNER AND/OR OWNER'S AUTHORIZED AGENT
AFFIDAVIT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF PALM DESERT )
I, (we), EL T- ��/� being duly sworn
depose and deciare to the best of knowledge that the
(my/our)
foregoing is true and coRect under the penalty of perjury:
EXECUTED AT: PA� �ES E¢? G�k t�l� -
(CITY) (STATE)
DATE: V ZO ��
(MONT (DAY) (YEAR)
APPLICANT, OWNER AND/OR OWNER'S AUTHORIZED AGENT:
M tC.�t�EL �'--rQ i�
(Print Name)
\
(Signature
�'bD�it7 �Ie�Ut��.`� L-J��l�.
(Mailing Address)
PA�.+� ��s�-r cA . q 22��
(City, State and Zip)
��f�� 3�1 -�N 2
(Area Code)Telephone Number
7
��D� �.�.TY �1 t�l � �I �tf�. �'
SURv�y' FOR T�/�' L oCAT/QN o��RoPER Ty �/,V.E
�
e.�-rw.E.E.v � ors i,�,v� z of-r�Acr.vo ��� z Q
/Vl.B. 6/�/� -!6 'C!T Y oF PA�C.iUI DESrE'f2T" �
• �
�
�
�
iRon�i,vaoo STP.��T- � �
R
Fd� �v�89��5�'3�"E �1
�' �- a3a. 69'tit -,� `,-- 9�� 6i.n.� __, �-f'dz
�
� �- 830. 5G r,� . �s ��Q 9/7. �8"R. � - -
,
Q Q = 89° 30 `23'•
� � Fd
� l'1 f t,� L1� = 9 D° 2 3�
�,�, � , cr� FO uND ,,,: /.,�
� Q i � /4'O TAG
� � 3 � �
.
� Q o , �.o r i
� � W �iL�O�PT t/FAc'.E OF�/�so/VR Y �i�/.�L�
� `n P
Fd, � ,,' � �c/oo° �S'oa�E
Faunr•� %� /.P � � - ' d/
TA 4�,E!>,�.S. �9 30 . j �l
� ' j z�` � orz
� �
I
NQ T TO SGA.0 E
l. ,�'STA�3,�/SN�� TH�' C�NT�L/NE of/R oNWaol� sTR�E T BETI�t���N
j'lrVO Fd UNO 3�,�"/.P. -sf/ol�1/N ON F'A�..M LI rE SE R T !//11/T NO 7 AND
TRAC T /VO 98 6 2
2. ESTABG /SN.ED Ti�/E C,EiV T,E'R�./NE OF l3 r✓F'RO /NFE/.J L A�t/E' B 'y
PRaPOi?T/a�/�7�. DlST/-�NCE 7-' %/t/.O TlJR/V,EO iQ,ECa20 A/VG,C ,E
3. hiodV,El�:ER //(/,E GtfEfP,,E UN.4B.L,E TO F/iVl� R�GO�O�'D /1.�10/VUM�E"NT5 01V
Bf/f�R4 �t/,E�'O �.AN,E' Td .5'UB 5 T'/-IN T/�'1 TE TH� �a c�ri o� oF-
7�H£ �:J T�.l�/E /N Q U.�'S T/4N.
� T,y� CoMP,t.�'T'�D .�l�R���Y /�t/a/c'AT�E S TH�' ,� U T � !�/�'
QETGt/,E�'�t/ ,C aTS /,�IND� oiv TR.�t cT�tlo 386.2 !S AT�oitr`
TiNE /Vo.Q r�-! F,4c.E o,� T�� �Xl.Sr�MC n�l�tsoNF�Y vV�,��. .
43 ., ..r1� J.
+ '�� ���
�1'`��. t' `�f '�
, ��5
�
! a�� ��
i� •
' � ��c r 'hi� ��� �'t rCH .E�1lG/N�ERS �NG.
; „ .�Y/�• 3�3�ay � p,p_BOX �55 PA�N!JE'S,�RT
, ,:
� . � �- .;':
�"�;, ,.-. ��� Cfl.9�26/:76 0-3�5-7G 6 7
,,
`� ` 1 , '�-_ ':�
�:� �t ��,`,.
. ..:,
� :�
�� �
������� � � .
.}�"" � y � Y n. ..,,, k ��
' j � .. .....�:
' ' �iwA.�.l�.fir a ,� . . .
x- ,d� '` �v 4 m.�. . .
� f �'� �� r :��'- ( ��,.�;.. 'S t . .��/�L`�..�# �..l�,�`µ��`.. .`�, :.
- i" ;� '_ �C"�.��`t�` � �� L�� �' . , .
�, r} r*�-: ) E .�,.. t�l��1-, . .�..,f�.L:�`�+;�:,r�.�°f�? �t./ i�►
�
, ,�„r,.. ., _ .
� �. ,� _ , . _. ,�- ..-
, ,
. � j /' +� ..
.-'.. p;'E�y �,+` v" �if ays'r �'�G.a�,ve/ "`�
f .� �_.. ...... ..
. . _.�.....,.u.. .. _ . .
. ... ._..._:.....r.,-.�..+�w.,.»..........�.,,..�.....•.a.....,.+.+.�.......r...,e....., ,�...�...........r.«....,._��»...
��. . ¢.�/'y�}�'} /�^p (�.
R�v������ i F�� VV4":'iRJ��.i'�1i�M7�
�.v,�..�.,_..,.. �___ �'�3iptit�at)
t
4 � ���;r°�.-���:� ,;. , �� . C.r t r� ; �
� y ►_�.:��e_;t��` s'rr�,���« � � •. ',..�. �.w� .,. "-
r` y t.�•rr-°s +C��,�r . �<r n _ '��,(Y'7 ..:� ,��hf'�:8 ;-.,�
k q� �» �g�^�
; . �°�th�� R"&' #�_�����i �� +�+6/�O�� �i�" � ��}f'�.`"�
*x ��� . � a.__ ..
�,�,,..�,..�.„i.r � �L't_ . {
. �#'r �.�,.�,t �i�s�c'�d..;��� �'+�F�.r��l _�
. ....,
f�k'��'. #�'�+FM:.�dr�i.�. �,�i.".^���`��.`fi�l'i� ��`i��r
� � �`�S: `t....� t.���*t�.� �w
Corr�ef-� �.i� �`���� ft���['�i t��� � �"�� Ra+��' .T �f �_.. �t3bulPi��...,.�,.�.._.....
iC�tt���n�t�i t�+t�c��rt�:�#(sut�tl EvS��'•�.+��'����tc� �t�tratf��y C� pt �' U:�C�'!ip�t�'�1�l=��rr�t�t
_1�..,.�C��".'�,_ �� •�•�—"M..,..,�0 �4�`._�� :�ir._1��/��.',,..�f,!r* /�"Q1,,w w���,�.,.._e. _. _
�,.5`S /�� �'e''�" �''1"'Gr 5S At� ,�t�._ _., ., ._ ._ . _.�
_,�� __ _�„�,...�,.
.�,�'�_t����.1���`���.•�'�.�7�`,�Q...�+t�.h'.��r'P�.�„�_. �.;., �_ � r � � � )
_ �'�„�.�:`�'&t� . .1�.ri....�'�,2 C�► _ ,�!
.� Cv.�.��y � . ����
:j �'�~ R � 1..�� ]�/,�.r C`�r� -tr_�r.�r�..,
��....��, --_ ,.,_�_....�,..�.�
, � �. _
A��ptic�n trt u�p��c�ns�a}���c��r��,��.��r+ ��o�d ��scs a►�a�; �� r�s: �„�.. . �,.
A'!"'"+P /�'�'_ o o' .1. _ _ _ ..
�'-"•� � _
��.!� 1�.d�.-+�!��I s`r'..L"t.� ,� �{�,+,�1...��!'Ot�._._...._
i �
_�.....�,.�,.���.....,.._�..A..�...,�.� _....
�_:�.,.�,�,��.-.�.�_�.�. _. .��.r_..
su�o����ra�r�t�r��
T►�i��cxn� R�d vras��r�f tay ���a� ►:rs�r rrsy�d�rcct�n tn r�wi�t� �,��;;��i�f��
,>� `� ...--�—�.�, 1( '
�t.�+n�#Sc�.�y�a� A�c,r ,7" 1,�....��Q�.....�._....� _._ �/,�4,� ��.,�tV��' �,; e���,
.��.� !`,�.° r.�'i`
S�TM.st��Cw�c�'� ".��"w!�^'7�l•� 1��r t�r R C.� t�lUr'rt�` n/+'�.�."�!.�,�,�,.,,�.._... i',�" ,�s�`` �'.,�,,, `�,r�'
' � �►. �F
f� ��0� ��3�� 3
CO�JN7"Y SURV1�Yt�R`3 STA"�EMEN7' `, �.�'�'. ,��t °,a?
i �� ' ° ,�,�' �"'`."
This Co�'r� Rie�Xd�.� - ,�._. ..�.. _.,. �3�x�rr�(n `�,� �/� �,'` r
� �'�cY� �`�`(;1��-�`�� ��^�,,'�'��
nn� t� w _ �._.�,_ �;,��� �'� ���»���`�°f
��I�,.,. �++�e S�vGy4� �=F' �
GQi�lt�$tH'Y`4�"�f"f �r4�►t1'Mtt11 .,... _>,,..._�.-
�.. ,._,,,�,_.._,..... ._ __ . ,.,
w..�,.,�r.�.��,..�.-. u.�.,�� ,
�„-� P..,.�...,,�-�_. _._. �.,,.�,�3
� ._,.,�_�.,�-a__ . �a� 1 �rf�
�-.a s�d
: _ . _ ��._
�...._..,., ,....�..._ ,. _ _ ,.,..�_�,�,,��_u . ._�.�.. ,T,..�_,�.._a_ __.�� ��....n.�,....�..,w,�.�._,� _.x_...�.,,.�._ . .... �.,..�.,. �.._ _,
� x.�.,,, 4... }
�
x � ;, ,� Y",,,��.a �, R ,�� .,t � _ i ` ,�.�' � �°�'.; y, i
a,. +t L�<F r r =.,�!�r� .':+ . ; d .-<� r
� i
���,'��. � f:�� .,��%��,� �: _ �
�: 's �
�; � { { .
� �
� �
lRt��tld�'�C�� ,.�"'I"�=.�`�'- �`
�����,�,,�3'���, __ ''�
''�l��f�•,�'�'� � t?Mt9,l�`��' � `~ �,
� .Y�.:.�,�..,_�..�.�.�. ... ,.m �
a.,..
8,�`l1. �G `�' � ,�l?. ��"�'
1��'C.��'M � �!�=�.3/+.�
� j � .�.:�.�.�
� '
� '
� � •� �
� �
� '' � � '�
� �
�.7 � ` ,
� �,
� � �� ``a, �E•`+��`(°�t'� '�+c.'�f����i�`i
.� �, � ~�' �'���`�,�`�t�:,�A,�r��•` �
�; � ��'.�z,��1.���e�r�'�
�t,� ,�` � � r°�'Gt1a f;M 1 l,Af,� �4�/
M. 7'', ,�, �tI' � � :OC� ��.r.
� � � ��� h1�S.��'�:�"'��'�
� � �.��.t
� � � ��
� � ff�"�c��►�r�r�' ,c i�v�' f�Ar' T"t,�� .
'� '� C,��✓r+�".� a,�`�Xjst`iN�
� t�t/�4 L.,G .
4
� .
�
�
�,
�
_ �'a�2c�2
�rc.vry wv�r� ... � tT� �'L!��t —
' LAI�tD SG��'�Z� ��R�ul� Y
�
.
Ho(�
� �?�
r► � r.
��'—� ` , �...
Q �
. 2!� '�'� �
�
tA ---
' R1 C1 �
b c� , .
.
. w
-- _ �
,
� � �
� '
� � � �
� � ^
� T �
� �
� � �
� � � .� � �
CR � � ,� s �
a � � �, �
. �
�
_. .�
N
�
� � � � N
�
. � �
tN
tr► �
� —
� a
� � �
.
_
�, ,Lo� ��� _- 25` --�
-_.��.
.
�. �.�`���C.tt� L�'�C� tlR'T"1 c�J�(
� E�C[ S� rN� � ��uC,�uK.�
_ g�
. FX[STr rt�� �T'��c7u�2�
.
_M ,,
� �
�' ��'
� r
� �
•`/ �.���� �.. .
Z � r
'' ^� � �
� •
�i'►
�
�;
�
,
�
«
, �
�
? �
..? � j,�J�r
E�41 S^I" ! N �i M 1�5�N A�R�`� Ulh!_..L�
� �.{t.onlv�o o�
` � �
' \
� - l�Cj.�-�-�-�
�
- �' L t� C� E� �t�1� -
i
1 .
1 .
� .
I �
i
1 �
1 ro
� i �
N� o
c� � - 1�
� �G � �
'' cv N � � � �'
o � o_ � �
o .. ,��- � .
� �
� �
�
� '
7 '
_
�
� � -
. �
� .
I� �
. -
2� ` ,
�
i N 11�
d X�� 4 1
..� �o �, � r : `
�� ,�Z..,y -n _
�
�lE v�l ��At�� wi+L.t.
. _ .�
�--_. 2„0` ---�1 PgE-��c�s�'c�tc� c..o�tM o r� sc-oc� va�+t-i.
� - �va� PL� �l -- �►
��
��S f'�y/wcso� J2 o aF s 4�AC�c � ?t G ?'v l s- F�AM IN�
2 r.�t��"'1�5 F�t.T/�oc.�E� R a o�ii�ry o,•� 16" ¢�r��'�,xt�..� A e
� � ��Z�� yoAM
� _
� �
I I
� 3
' �X(� L�Dt�E',r� �1�� i
�,w ; �'1r1E7.� �o is-r �oe.s � �
.� ' �. Z
�_ � 2,�C �{ �R�v��� o �J � �
� 1 ��'� GC�.1T�.u .Jt'c S�
�� � �
�.. i 2
X� i �
l,� � ; rn
't'�.,'�'c�P M�►p �sti ti- 3't�"�'C. � W
,,,...__ _. .n.... _... ,. :._. _
—____-____ ��� N� Y �. ��
I `
, .
_ _ . �
�2.�C 44� f�£3�r'El� '�G.I�'t'� w�MF?�rt.. 3'b l s�- rt�,e.�C�C�LS ;;
,
,
r
� ���
�
2,�� 3�!s'�" o� �
te„ eE+�,rE� r-►ae
�
, j
t�
2X G F tR� �;
� ��� �
�a�� ` �
� �
� �
�
"i'o jC�' 1� 1 �.vV
� �
�,
�r
Thepre-existing ��� � � �� � ; ,%� ���'
carport was more ; { � � �
; ��. '
than 25 years old. It Q.���,�; � , �;�
consisted of a nine . °
foot wooden gate �� °�``"` �
with an aluminum
roof structure that yi .,� �
. . . ,..,
extended from the - ;'��';"
garage to the ;
common wall. -� �
. . .' - �
, , �� The gate was very
� heavy and difficult
to open and close.
,
.,._.
� � kY� ��Y� � �
� a .
� s g°t-. s , ..e
{
� � �� �
� � F ��
^� F �
' a�� �
� . . �t.. y ��'- .
It was quite an eye �
sore, was subject to �
the elements and ,� . �
���v
_..: -
posed a security/ ' �. �` � . � �'
vandelism issue. '��, �
. ,
�
� ���_ � „
�-��r�
�, � ���, .
:
�'�� � �''
'°"•�` .�`� � �
f �{ .
�..� } :�� � �
�;� ,
�_�, . .v . s-a
�-�
,
�� �' �` �` -
° �"�Li .y. .
Ns P�r�� � � , .
3�
�' � { +,. ��,. #'P�3.. ��"p!
� ' �� �
k "�' ,'� � ,>.� �
�
� .� `.•� rT �.�-,� � i ���.
F : .�� a " kJ � -��' �,
. R '�-��,5� �*fi w� , � 'v �� ..�
1 �,� i 'A�". ' , . �
_..� :- , J y 13"eF ��<� - Ly?3
t
,y.,. « � �" .. . � � ;
-.tc�� ... ..�sd� a,^ ;��;��ie: � � �. ��',i
`�,.� �.. ' :;,� '� .
. 'ht� q...e 4 iS � � .
k Y��
, ,� � s�g � i „, r
F r � � T�� . � ' � � a ., t, �
,� , � � � � �, �;� �_._w,re:
; �` �j ±��y{
�� °�,. ge AS��MY , '�° F x',A"s �rt '$1�. v .. �� j �, -
y�� tY JT .. •' ry . . � Fi �li �
�Iy�' 411V���� .. ���
�3� d .. � y .. L � .
.� I y v$ ' . � i hf
� � T i i� . . � ... Z .. � -
/I' ��'
� �� �
�prr '
1�:
�r .�,r , . f .
� r � .��.�.�
� �� �_
�»
.. � .,:h �� .
+ � � �s ��
a .�� „��:�� .
� . � l
,� .. . � ' ` � . �
I
� � { v
(� � a'M
�' .. . � . , '��
� I .r
� 1
4� � �r �l '.{ �.
�M� l � t � Ol .�Tiivl.
. . � �� . . g I ) ,il .]
� � }z�' W��' `ijGl:�
: �*.�.u,�,�;.�`>� _.
� �� � .
;,
�F� ; ,,-� �,�'s,
' ,
t� ' ,.��� m.= � : ��"`
. ; -
.v - � � ''�......,, 3
o' 1;'� y � ,....... . .....�,3......�.. �
t �_ �''
v}S b;i ��A,�F�w�
' �¢ Y -6�.•".�.f
I. + � •
� %^tr �
2� 4hvtn� . . .
�r� �' _ . . �� ' ��
�
��j{�", R � 1
+ I� .. �2 �Y .��'' ..ai� � �
�3 y�� L 4 �� �p �.x ..: � .
A ��� �� X � � �� �� �ffi��L���'-II
3�, . i �I �}" �� � 'Y�`�;�t:�' � � � 34, ' .
. , a '�a ' � /�`��.^w 5, ',. �. �� i
� �. ,,j�� � . � � � A- 1
� �F "�� �
��� '� � ���p��� -
�.�nr �
� .� - . ",t�„ �r^s �• ��&�` ���:"'�•.. '�'w"�`�"�.a�..���M����<�'`'*.7�`x _
w"y :.#�� "�� s w i��°c z.f-.
:� :. � '� . � � # �4'�
�.`� � � � ' � .. . . . � .. � �.
�.,t . �u��� �;���� ' " �`- »� rs '�
� � Y z � �` � � _s,�� � ,�i,�n �r�;,:
;a �
' ���' - �- r� �'^ "'�� � ' � ��u' t x . �`s'�-.�..- =-•�"•' -. ' . .
. >7.�'�..'.^ . ..
x2 .. . . . . .. � . � -
�:� t�f n��ti k �8x+r �v �'�#s���b . . . � . .. � - ��
'} ,{�#� ` _ _ �5.-0 . . . .
. > w
+� � .. n � _ :: - . .
" k 4•.i � -;� i'; .. . � .:o . . . ' . � .
^ � . �* ... .. _€�9i. . .
,,� �� �$r
��,,
,r, � -
� "K Sr �-1'�;k=.e__ ��::'x
W� u
� '�r�,.t� �.... �-�� l��'„g;„��''v� ��,��r�� �a�+`�' ?i�
wa :.i : .,��a't � - .: �.
� ��. ,w 4 ,. .�r..«w ae a'+�:�. a-�.+
:.u+�. R j -.R �'•,,� ,<L, ,.il r ��#� ,�:w� ��
9 'k�t ��� `i -- vFa�sW m.w: �i'� � ' � ��
�� .� g�. � ��.
�¢3�. �yy"�- K ,g r �.t,+ � �
#� t .. K.;- � � .�x? +4 `�^ "" -' :
_ �� �3=�, � . �.�, - k �e �;'' � y.,rY"dw.::
: ' > ,.
' r' ,.` _: � . ,' . . ., ._.. �
u y. a+c� +.r w.�n a. �'.. _ 'k ~ `��»'.+r"`„
_ . � �� =e . � ;.�� f�s� -�
t �:.,5 .r`_ -,t� ,,,,,P A'„�l.�':� }". �'.t. . . ..-'�.....,-���+p4 r`'
te
, .. . . .. . . ;, _:..
f
' . ..-:. -. :' .�,. . �'�' . ,'�: .�"` � : �� . ..
;.
I 7 �O Y Lr � ✓ l �� � I�.V /I • a..�1
�i�r�I . � � � iJ! �( 1 V � l � I �b..�'1
T� � � �K C� l�l^T �V�4 L.�L .
rt
��
� � `
� . . ��"��
� . "�1/�,� �' ?�Gt�.`'7'"�l� �
� � �,-�
� � � � .
�
� _
.. � �,,� ���
�. �
�
� Fle� - �,,,�'!
.�,.
� `" .::�. �� •���
.s' t� S'►"'r f� �wl ?t� � •..,
�,� �� .l:..."�tr! ' �.: �.
� ,. ti.
��` G:A� -�. �. .
� �/ ,:�.. ,„�,, ' • � _._ Y '�,
� ,.. �'�+�� ^�`m` � �, ,' ~` �..,,�-_�..
• , '!'6 ..�T., •. ..4' r.^�n� .. ry �.. ... .•a• � . �� y..A^��
'�� ��
. '•t,. `' 's} °^..F
• y`e._4 ' •: ." .. "'. .. ', ' � •, �
�: �.�, 1...
.� . .,�•:. ���
. . 'aw�.,,� � . .., a ����
: . �. « .
� � ., ...�, , � ..
,... .�....-�'
. � �,-� fi�"^*....�+
�
. �,� ��1
� :' �' �
:�, . ,
' .�; � . ���
� � � x�� � .
. � �
� �l � X t � .� � .��...
�,� ��,�, r {�. +• •�3 _* .�;,�� �.
, ...� `1�. . _.�
_ __ _.—w.... , ��,,� i '��R :a�,...z:, �':,
� .. i � �� �'K*'9,��� �d
� , ; ti ; „�` � .;�....
� � � ` � i� `a�.•�: �A�
�� � �` � ; .� r ; �� *� . "� ���, t.,'f
_��- h ,
t �;� ��
� --� �� .�� a '4�'= ,� . ,
�` � � �'� � � �-'.
� � � �j � :� � '--.-J
� �� ` r, � ;�. ��s �
� � �:°;.'� `� .'t � c� �� '� � � "'' '�
. � ^� �'. �' ��,�- '_ �`"` `� ,.
.
.,
. • .• .7 :� � ,� ��,.�;" ;. '.'�� .
� � ,�.� � � :�� � �� �� ��^ � ��_*��
f ^j, i -� . .. � ,,,� ry�� �, s� ir�,�� � �.
4 . 4y„� "� ' i �".s-� ` l
�. `� ,. � t •es.� "_1 t + ' �"s �� �T „� n . ��� ' :.
� �� . � ' � s "-��.. `""����. . • '�:� ��.
�,�,,� � �` ..__... � .�w �' �x r$����� �. '�� •��. �
�- �;� �� � �� � ��'�y .,. �
�� �e�..C` . �. ,�'� � � � r� �°'� � .' '`'
� � {
m�.. , � � .:. � �"`� � �.��`� '� �.
��e . .�� •'� � � ••. � " �* """ � � �• �
. ,
� � ..::...,��-.i�r.—.:'R'�." �""Y. ,
� .,_..� +4
. � Yr ��- '� .. a'a * �� � •�'ECc �1 � � _
v. Y � � 1 � ..n
� ' � ���.. '.�C .. ..� �� `
n' �.°,r� ✓� � �: � �
� � �
� ,� � � t T � `�f� . •' a t� �� ��
�
�� � � �,�-,'4,,,,,.,.,�,.,_,
. ,�,,.� -`'—� —�-1 . �1 .
.�; .
�. .
. ' . ^ � � . � 7 r�
�
�� ,r �W"'�'"'"'"�r �°��, _
��` -�:.
t _
'
. )' v� ..��i,-Y �
u
� �
� �
;5 '
� ' �� 1
'y� h� i
4 � x ; �.
� , ���r:�..;:,mamrs
�I s
... . - � �r;:
_,. .,. � `�.�`u' '
. � , -.., � —`..
�
r„'
. �,
Ir»».^._ ��p.
�t
� Ik° 7� ;,�L�-,
�.,:
�" ��� �.�y'.�
'�',[�, j���4 ry
1 �P f �
�� x�"�"� � }�f
�, yY ,.�. �n
gT�'yk�Z-�f��+ M"�ilf�^4� b . .� ",�J�' �
iil�`n�Yi S'6A ,�'�`§,b.aE . ax -.;�� ^�
q�' y�,f�.� �lt
i. .'_ �.d�u P �4 S � `�Y#`i'R+i°,. '£ ly 1' �".' �S:x.
- , sy '� .; .�"��s�l .��� '-h, ,m,n . .. �
�.4, � R rt; d^ � �
�`a¢R3sci>��'' :
1 a '�� : ��� k''�n°# � ���'�
k�l�'" �e.-� '� ts`��+a�".. � : . .
J (lJ� ,y F�li� d �' � . � .
i � �� ��i5 a , b i.���w � ,��x' ,y R�mT�'r , ..
6s '�sh5� �y �'' � �vi .r s/y i `�S. .°�i� , .
�fg Y >
..4 "�Y 'w' FI::.'� �� � Y d§d, "�Y�� �~�
,7, k�.,+ - E _
�s a� ��'
�.,
Fi.
� �� � s.
_ `� : ,
�-0" • ��-
� K
4:35? �� ♦ � , �" :4 t.d'
�I.� r� ^ �.-�� � �
� � L�
� '7 p =
�'u a t t rF�� �'� )'{ •I��
��.,��c. s .. . . t�i' ,... �ry�� . a. �Nr _ � 8�..5~. .�„1 ° ' _c/
�
F � -. . � � . "� .. .
�Mr '
� t : r •4 ?�
��r
� ;��,,,, r �
� +
�; _�- � �a. �•, `,`,��.. %n , ` -.�� °
$, ,,,,� -ae .z�e`y�`:n � 7 "� , �i�
.'-'� w. �,w \ .v, '' ^_° �, i
� ' � � ., ,.. .... ... _ ' �' __ � .._ � 1
�... , . ... � �
�fi d A
Ij � Y:
f` .� ..\\ f '�
� .� ' � .----,
, ��
��� k:�
�' � � � ��
�.: "° �r � �
� � �� ., `l� o -.
� � �_ t�, - � c �
�':_ �' a � t � , r
• . �) �k�� 1 � \\ . � ..� .
� V
� q 4 � � � r. �'� �- �
� $7 r�
�'_ � � _ �s.,j�' . . ..
� i ` y �
Ia v • ,
� �F_
��; '. � ....�._ .,� �4� � i' �v-•-„y;
p" � t
� . _ _._. .` �� ri .
� '/
� . .. . , , •-•---^„ 1► } ..'• x ky 1-� i,
,---.xc �.:./w �� �j-.
.�?'u ` -�. �n s � � f "'r 1:1' ,
x �,�,�—� `�' �
�� " �,���"�:� �,�,� q �Y n � "'"4 ..'�; ���` J ���-
�#� � . '� 3F F� ._ f�L��l��,�� 'L�V �1fJ'i��\. 'Sa ..� } .'. ���
�.� . . '. �. .� �S 6� .ti. .,. . �y i�. �. .
�. v ,i .. . _v+Ti.
� ,� �- . � � - '�:
8 -
�: s�`'hn �o `�� "o��`t��.
�`"��i'��4� � „�.
', w*�zsy, - ,�, x, ._ n ' �" ..a.�
y c � -�
� �.; as
��.. �' t�e ��� T"^�� "k .".
e . � �,��,g� �' � i� �
dr+ �
F
��1 5 Y
� y� �
S F aM h.�'_�� �x � � ...
y. dM
>� S�i'�'"" 6�,�tR .` �e :�+<.k a "��. �
� � � aY � - $:...:
� (. . ���~ :}
_. . .. _� _ � < z r� s �ti � d . ,
' ' <..
, `� �' � ' � �z�
r'� � � l. � 4�„�, � ��
�.... � �.l ;�'� � � �
�.., � „ '�r�
�� -�
�
�' m �, J h �` . ,.
� � �' 'r,�
� � � � �. �
� �.:: �r � ,
_ �� � �
� � , ; ��_ �
r�, :� � r � :
1 •f,��p � tit'4 d,�j �_�
l. . , ..P i�s"+i.:w
, . .. . .. a. ��C4,,. .ry�. .
This is our golf Cart � ��� ,
Barn. Consistent _�. � � � . ,*: � ����;�,r ��,� 'i
with other homes u �.�„
>^ ,', '; ��.� .,
and garages on our ��a � ,
4 f..0
street, it is built ��
directly on the
property line.
�.�r _-
:s � ,
, � �
,��.��: � ,
h � "
�jai �. & r :,'
�rr.,, ... __�,�.»...�... ...�e.i��
a ,
. a #.. ,' t
F� � � � �
�i _
� � �
. . � .."'..� ' Y . ..q�
� �� ��
^
51
Yy
�5. . . . . r'T .
�� � l
��„n„m.+.� 1
_ ��—� , .:: > > �
�k , h
�;�
., �kP4,F?rc �'�;a
There still remains ��`' �`�w
more than a four ;
�
ra,-�
foot set-back from `
the common wall to ' ��o '�`"� • � ���` �°`� `
� �,. �
the neighboring 4.� � ��"""�b ' � � ��
home. E _� ����
�� , � ;
� ~ �� �".
� '' r,�. �, y
;"� � *'�- ��.. - ---� , � �. ���
-, ,w�" ��� ,� ., �
: .._.._, ,,„�<,. ::_;
�. . � �� �f�. �.�� "
fU-'�
� � �
These 2 homes = � � - -_ - -
are located � �, "
46190 & 46240 ` �' �� ' ` ���''
�- ��-.
,
� ,� ,�-. .,M�«w=: � ¢�
Burroweed � _� - , _ �� ��� � , �
� �r���
� . , �
Lane. The � ,�. .�, e�.� �T� . r
Y i� -'
garage on the ' � ���� "� �� �
�
left is built on � , � �� �
the lot-line. � =' �` "
� � t
� �5� ��,.��
" � � �`' ; . �- The total space
m F; ,�
between the
� � 3� • ''�� �Y � structures is
� �
w . ��� :�.. � ;� �� . � ����� � approximately 4
° �� �'� � � ffeet.
r ���. � �
�.�..-,.���-= r��
}
G ... � ` ._�y ,�`ati.i✓ .
I ' - . 1��� ��r+.� ".; �
i
� � �� { E s �
� ar+w.����� 'ki,.,'
C� � .n.. '�Y`� .
B ' y�
k
. .. ��� �R Lt
4T�.<x `iy* . i.F^f.� __. . . �
��'i 'n:c.w �
r�
r. ' � '.�.:s:' i
�. �
, , � ;` 5;g�+�'tiy� . n i
'i. ��l Y"�i� M� n � �� Y� �
� 2
� the �M
� ��� Y _ � 1r. Fa
iB `�'�
4
,..s' ���' < aa���V ��� W '�'�i�'I �i��'
�^.��s�
. .
�„��,,,:...
,::, ...«., _
B-Z
These 2 homes ; � � °` :�, �
are located at . ` � �
46250 & 46280 �.-� �� � ��� � � � �w,. _ ��� �
�� , ' � � ,. �
i2i
Burroweed. The � 9 �
� �
1 F,
garage on the � ^� ��
�w . ,•, t ''�
� .;,
left is 6uilt on �:: ;_ s ;„, �_� �n
�, �-_ ��,
the lot-line. � =� �§
� �� .. . �- f. ��� l � �
�� �
,�. „ ,. � � . �..
` � � � �� ��"� The total space
� F�'�
"`� � � �� � �� ��� � � `�� between the
�;
� � . structures is
�----..,,..---�; n �
�;� ' :u } � � approximately 4
, , a � �.�
� �
�� � �:� feet.
a : � �
� -„ � '�+m.vaa h" 1 - �- i
F 3 ��'
` .N '.�� ;{'tl, :,..:
i"t:i:v
9
l �. �� !' '�4
T
lff
.:. � � 4 �!.:" : �: 'xei de?�' , ,
�,.^a. $. y -:
� s
N ' y ..- "'._.....
;It �T k ^; � �` � �
- ;,.
__�,...
��+��€ �'� '
E
�
'a�., �
��.jr .PeY�wjg
I � M4"� �`
-`'��� ^ ..
� p Y� � ,� �. .�� ,.,
°``'�'
. �; �r
� �,,;=
�`'' � ,
�
_� �_ � �'
� e��� _ _W
U�
These 2 homes ry �° , �
are located at �� �'� ;
�� � . ,ri
46080 & 46100 � _ "�°• '�
.�� "a�°'�
Burroweed. The
right garage is fi
t ,._
built on the � ��'�`
lot-line. � .;�� .
�. ,: ,,.
_ � . ;�'
� � �k_
The total space
- - between
""�x° ' �" �"° �"����''�' 't��`'�� ' structures is
-� ,
, ;.
�` ` approximately 4
feet.
� �
�;�
:A .. . . .. _ ...
�.S'1&3+�i� �j.NM ��sn- ..,.� ,_ - _
�
l �
. s:Y. p� 3.. : , �
r„',�'..' � _;;�1�'�'�YC�a:'. � ��
�� - � . ,a..... S�
'!�.' . .. - _.
i
t °�'� - + k1q� ' � .
e �
4�.�; �'
P . _.+.,�..#-. .. -^� rY ra�^ 7� <�
V�
��
There are T
' � '� � �
several homes � � '� � � �
�_ _ �!I
located on -t � - �".� �.�°�'`` �
Burroweed
where a zero set ��' �
� � ___ _. . .__ ,
back occurs -��� _..__ __ _ �,�
with both units. �� /
,
.�;� u
,:,,
.� °�
, .
�y �r
r` °F �. �' �Pk
i fs'.,.J. �c�. '��'`��" ' i-yw+B?��
��
�r r �F�.
��'
�
,�
� ,��,.,�.�` �--����-�
�
` �� ,f,-� �
� ,� :�-�, ' i,y�`'� �.'•yg.,'
, %
� ' �i
�p,�.,-_s.'; -
� � � ��S 9 i .
�,�,
,
h �n�
m�S�A ki }'��:
0,_S, °'
`&v l .. M17 s' , .. . . �� .
: � _...._.. ._,_..._,
_.`..�"'_'_.__,
� �r ,._..,.. ['
� {{: �.,. . . _.._.. _._.._ . �
. . . . . . S ��� ��
ti:�
�-5
Petition in fav�r of tl�e Toia goif cart barn
To: The�i#y of Patm Desert Arehitec#ural Review Cammission
Regarding:
In the matter af the Toia g�if cart barn located at 4b020 Burroweed Lane,Paim
Desert,Calif�r�ia 92264
Statement:
We are the neighbars of�'Ii�hael and Marianne Toia and have witnessed t�e
transformati►on and beauti�icatian of their groperty over the passed few years. We
believe that their improvemen#s have been#�stefuiiy aud pro£essionally designed to
complimeut their own hv�me and#hat of#he ct�mmunity.
We are specifically aware c�f the g�if cart barn constructQd two years ago and
located adj�eent to the main garage. It is a very at#ractive additia�,int�grated with
the exis�an�g structure so as t�ap�ear part of the origin��design. Consistent with
many other homes in t�e neight�onc���d,it is built on th�praperty line.
We urge the Patm Desert Architectural Review Commission to agpr+�ve this
strc��ture:
Signed in coucurrence:
Signature Print 1`Iame �c�dress
�L1�� � er � �t1.�� - ���� �`����?��i��.��,�,1 ���� .
� % ,� � � � ��
: � , ::- � � -�C -,�
.
_ �,
.L, �•1"T� c� P-. _ : ; c��cu.._--
" E�7� 1f try L 't.�.�`y' �,,�f �7:�1
' ���'r.� � � ��� 1�`����
;�;` . �} t��� r�.c �e. ��-r-�c��
,� ''- ,�ft�I f�r�a��` _ �f ,�r � _ .�j2.� c�
L L n � x, e / � .
�..�..>.� �.,,f'�✓s.'���-�. t.i,'� �t� �1�"�i LR.�7E' � l�li'�-�! C•-C�r��oC;,
�.
� � ' 13- - rc� 5�G 33 3 / ' c� �.n-!. �� �-� c
, ,.r.-� "� # �t�'�' �.�s ��..� �i,'?2-r�c�L �J,L.1t1`
Y ���r
n .;
� � o--�-� , � :. � _ - r �Z�
./ t _,
�"` �l� � �.. _ .� - yv,--, � s ,, , "yt;° ti+ 'z'—�
,.
- � � ��n ° 7�.�C:?� Li�c'tt°�'i.;+' z i",�. �� i° �Z la C�
-�''. �t � .'.j '�{!3- tu -,', `�'�?:����;�
>r s �
` Y 1C.1/ (; ��t�_'' � ~ 'C�GiCIt� �-+l�.
r --� - 1 �`�;22.(,,��
1 ,r �� � ,� �. ,( `� `/ � i�<'_ "�� � a"��� t ' ` [�
. s �1� . �� �.���4��� �'C��flr,=��
_����. _ "i E i-�.C..�'� '� �i:.��..
'��
�
��
Petition in favor of the Toia golf car#barn
"I`o: Ti�e Cit�� o€Palm I�cser�#Architectura� 12eview �ommassia�
Regarding:
In tIae matter of#he Toia golf cart barr� located at 46020 I3ura°oweed I.,ane, Palm
Deser�, �alifa�rnia 9226�
State�ent:
�e a�e the nen�hbors of Michael and l�ariann� '�"s�ia a�c� have wat�nessed the
��ansfor°ma�ion a��d beauti�cation af thcir property ovcr the �assed fesv yeaa�s. Wc
be���ve���t their im�rovenlents hat�e �ee�t tasteful4� and pra�as�ion��ly dc�igned to
compti�nent their c�`vn ixome �nd that of f�ie cammunity.
d�%e are specifically arvare of the golf car� baz•n constructed two years agv anc�
loc�ted �djacent to the main garage. It is a very attractive addition, integrated with
the existing structure so as to appeai•p�art c�f the original design. Consistent with
r�aany �ther �oa�es i� t�e aaei;h�orhaod, it is built oa�the �rope�•ty �ine.
`ai�'� ur��t�e Palr� �leser��,i•�hitect�ral�tevie`v Cam�issioa� ta �ppro�� tl�is
st��cture.
Segned i�a concu�-ren�.e:
S��na��a�e P�-�a�t Naa�ae Addr�ss
� ,�j��--- ,/' � ;/ �i-� 'z��-� - ,' -�j .
f��,t'�j !3 /'�� ;Y`/,�/1,✓�,' /'�,`./f`1_c' �''�%- !�;.n i/G/tll_j h�'i i --�.;c'� 'Y �./,+, ^
���fL'°rY..,. (4f� ?'G� ��C"'G"7:'ai�., ,et�J �ta � �G(. �.�'LC t x.L'(. f� ir,;�.�,�,, .
'._______ s ��� ^ �1J 1�h1�
�-2r-s�-...�, -�' Gi, ,��r J . .�-- _ Z . _�
�,/:f'c--t�-- � �t/'/ /1 /GC 6��°, �� i "� L ��'; l.�/ �'�''i'L vJ i.C�.�� �""'-
_ ��` d�'1.�,,. '`i �:-{ � I T1�1 �rn �l'� .t�'�i!Yr'c,c'r�_C''1� ._ ti.
.L i.'�� �'�LG�.a`� � tti..`�F}'PZ� IU� +'�1`�'�' �b ��'(' S t;, t.-i tt.� L..�t!I
� � �- �o. r, f� - _ r i
,.'� ° ',�;'`�� .�.- '�r `% -l C.�i.� �.L.'L t K'� fl.. '�- /' ^,t ,,?, .t.i
� .'', ��;- .� .., - i � -.:3-' >
`�°� ��'-ss ��3rJ� � c:� %�':�J ,�'�'�'�>���J ;
�n....�.- �>>.-�;_' �;.- :t �2j_:.�_ J�''r:, h ;,�t-n i�� �•�,-n .�'=i„,,;��.,��,�,_ _.,-1 ,�s;,r
�,.� , ' ',. :,�; _ , w ,
�, � � �L� LL-(�..`'�t-' C.G�•�"'•-�'� `Y'Tt.� �.C,i�9'��C��C.L��JC!i'��,,. j Q�..�
.� � ,.�, � t�-�T�'�-�-' �� �f`�� �_}�,L;�r:�`w'zi�zi� t...,.�
�..:� �.�-�- _ ._.�__ ---__ �-
,��� l,�'�r ..1 t,��- i� . � �L�;�' F �� ,�- �� r +
'�ry��+
f� �C�i 4 ✓t ��--1.:�"��S` �'�i (ti r;;�1 (_ �tj+^C.;?�•f�1 .:f-�','`�.'.-`j k `i
i .,.. . . � 7 �F. / �,� � — :� ��:�c•�_h ,
`'.t.4 J�r ` _ /.. =1 \��J-/�4' lrr.�r ./::`.i &•J.�..i[�L✓V
`.�:�!%�%' `,�;<-,i�z.-�^,G„�� ' ��l i'���4� r�; � �- � ��) �.,��._��/�. .
�
✓
�-"�'
Petiti�n iu favor of the Toia golf cart barn
'I'o; The�ity of Palm Desert Architectura�I�eview Commassion
Regarding;
�u the matter of the�'oia golf ca�-t bara Ivcated at 4bD20$ur�roweed I..ane,Palm
Desert,California 92260
�#atement:
W�are the fleighbors of Mic�ael aud 11�Iariaune T�ia�nd have�vitnessed the
transforcttativn and beauti�'icativn of their property over the passed few years. We
believe that their improvements have bee��astefu�ly and prafessionalty designed to
compiyuaent their awn home and that of the cc+mmunity.
We are speci�ically a�vaxe 4f the gatf cart barn con�structed twa years ago and
located ad�aceut to the main garage. It is a very attra�tive addition,integrated with
the existing structure so as to appear gart af the c�riginal desig�. Consis#ent with
many other homes in the neighborhood,�tt is built Qn the prap�rty line.
VVe urge the Palm Desert Archit�e#ural Review Commission ta apprc��=e tl�is
structure.
Signed�n eancurrence:
Signature Print Name Address
� ,��
...-.-, __. .�
. � `� , { � ��,f � 7�� -� � ��,� ��a 7a ��t<
�� �—� � � �� ��1�� is`�
'�4��"„' ,G� �tfr._ /*g� ✓L Jr.;�`t`--.., � -a>'�+ -�,'i"'` �y C�.l.c1{�J
� �t�C��'�'i�f�.�� r�.�.. / � -` �u "`_ 3t'R' .:� ��� V.!
{.}� }�t�`, �(� ��� �-�#�'�e.�:�..'`� �!v �
�
,����,� ��r
� ` �-�-r� .� ' �E"� ` � ,..�'-� ..�r� T� ��
� ��, � ,- 6 ,�.� -i��.
�" � �� � ��
� s� �� _
�,—�
Mary Helen Ke11y& I�athleen�eiiy
4C-104 Burroweecl Lane
Paim Desert, CA 92260
January l0, 2(J(?�
To Wh�m it May�oncern:
W�are twa of the co-awners at 46-i0Q Burroweed Lane, and we are�vriting tc�:express
our experience of the property lo�ated at 46-(l2fl Burr��Teed L�ne, curren#ly owned by
Mi�haei T�ia. `I`his property is at the corner c�f Burrowe�d a;�d Ironwaad,essen#�ally
acting as poi�t-of-entry tc�our blt�ck,which ends in a cul de sae. It's appearance is very
defining for the block.
For multip��yea�-s,prior owners of the hame at 46-020 let it fall into complete disrepair.
The ham�was an abvious bIight, Th�yard was wild, and the home was not receiving
needed maintenance. The backyard poQl became green from neglect, and i#was visible
from IrQnwood to thc�se waitcing l�y. '�nis made tl�e hc��n�u��afe as w�ll a.s�sig��ly.
The curr�nt owners have cQmpletely renovated and reiandscaped,znaking the cc�rner
highly attractive. It now is a gao�i match�c�r�e very upscale home on the other side of
Izanwt�od. All c�f the tivark has be�n done tastefiiilv, with desert landscaping and
coordinated archi�ecture.
,
We have naticed t�ze new galf-cart ga.rage adjacent ta the main garage. It is a very
attractive addition,irnegrated with the existing structure sa as to appear par�of the
�ri�i�a��GJY�II. �cnsist�nt�yjiu�����T c�t�vr?'-�'-n���r!'f�e neighb�rhood, it is built
a�ainst the plot tine.
The work done on 46-Q24 is a very,very welc�me improvement tfl the appearance of�izr
neighborhoad and an asset to hc�rne vaiues. We applaud the current owners f4r their
effort.
Sincerely,
,
F �1( ,� /) :�jj
. ���r F' FYi �K�.�'V'^�� � � . . . . . . .
£ i�� ��'���� �;�'
€
Ivlary I�el n Kelly �
,� , .,,.,;�
f�
,���
�����.,-�;�i�� �.,��"
� �
�&t�E�ri�e��
��
�
Jai�ttary 12,2008
TO 'W�lOill lt II1�l�COl]GBt11:
�'�r. and iV4z-s. Toia of 4f�020 Btuz-oz�Teed La�1e, Palm Desert are r�eigh�iors af iny inotl�er's. iVI'Y
���otl�e�� has livecl i�i tl�e l-�ouse acr-oss tlie street for zs7a��y y�ars ai�d l�as watcl�ed their house be
accupied Uy a:fe.�r d`ifferer3t owi�ers, 04�er t�e years they llave vecQme friei��is and while iny
���otl�er Ilas l�ecome c�uite iil and I iake caze of her, I'd lil�e ta taice this o�portt�rZity to ex�ress tl�e
t��i»gs sl�e has said and I ha�te noticed abt�ut tl�at prapez�y.
Bei�z, a retired reai estate hrolcer she always took an interest i1�tl�e up�radin�of any iloane in that
�lei�lit�o�-h�od in ti�e interest of propei�ty values. T11e pz�evious o��ners atte�llpted so�ne cos�netic
iinproaJe�l�ents that wI�ile tvell intei�tioned I'n� sure, canze out looking less than professiotial,
it�complete, a�id estheticaliy unpl�asi��g,znt�ch ta the dz`sr��ay of�ny n�otller eacl� time. Since the
Taias IZ��,�e otvned tl�e I�at�se there has t�een a co�nplete �ransfQrrllation to sav tI-�e Ieast. The
l�Qz�s���or�`�l�::zs�eeotne Q��e of tl�e feiv�n tl�e area ar c���tl�is�t�eet,tc� lo�l� as weIl cared for or as
co�z��lete. Tl1e euri� appeat has improved 100°/fl and a11 tlie i�ilproveineilts I�ave bietlded ti�re1L
It l�as coine to o�.�r afitention tilat there is an i�sue specifically with the appearance of the small
�ar�ge area l�l�e�e tl�ey keep ti�eir golf ear`�. ��e��iieve t11at tl���r i��l�ve�nents are tas�e�.:ily
a��d professianall}=desig�led to co�i�plement ttleir own l�ouse a��d#hat of the nei;hborl�ood.
�t�fl��lllg c`lGl�t?S5 ��1L' �lrC:�l dl 4i1421 llViitc iiFtj v�.i+it uii�ii�v j"�iPnt f� ;ii�7 y�nn1'��Pl-�1�t�T'1'1VC_P.�f(17't(�
�
s1io�.�Id be le��as is.
1VIt-. �nd VI�-s. Tc�ia are frier�dly izei�Izbors wllo are wei:l iiked. They I1ave sl�own themseives to be
responsibl� 17on3ea�vners il�terested not only in the �:iplzee� aiad t�eauti�ication o�tiiei�own Ilonie?
bi:t I�elpFul arid�-es�onsibie tc� t1�e-izeighborhaod as a wliole. �
Please feei fi-ee to con�act n�e personally re�arding this n�atter if you would Ii�:e any fiirtller
colnn�enis at 346-4466.
Sincerelyi
{ �- - -
,.'. �t,',,.y:'-t:�..i..-.^��;� . �z,.���l.ii�.'^�' . . . . . � � � . . . .
Debo�-ah Wl�ite fo�: I.,ois Bradstreet
4G055 Beii�oweed Lar�e
Paln�Desert, CA.9�2G0
3�#6-446v
�-5
:
_ _ T _� �
.�
���11%�: R.zchard c� J�xdith iViatza
�-6-�i 5 ���-��c��.�eed Ln:
�alm Dese;-t, �� �?26CJ
���'�.: .T���uary 1 U, �a03
�'�: �it� af FaT�� I3eae�-t
Tc��Nlic�m It May��oticern:
i am u�ri�ing to�-ou cancer�ung�13e n�atter c�f'il�e�olf-cart �ara��t�r Mi�;�zati1 a�zd
�Yfa��iaz3�ze TUia, ��-02U Bu��ro�ve�d Lir.
� I�a�je wa�c��ed tl�e Toia��-a�r.��r�� c�ver tl�e Iast t-�.��o��ea�-s a�1ci I 11a�Te ��c�ted tl�at it I�as l�een
cufzsistentl}-in��rr��ed over�i�at�eric�d of t�me: tU1r. ai�d t�r�. TUia have in�proved the
hc�use i�t�id��a��i c�utsid�, t�ie la��dsca��e ai�d rhe cti�'b aPFea1. T1�eir i�np1-ovemeilts liave
r�ot o�1�T t�e��et�ted them, they- have alsQ �enefited tl�e nei���Lorl3oc�cl �y- tl�e e�lhanc�tt
ap��ara7ice c�f�I�e prc���r���.
i l��;olf c;ai-t�ara�e 1�r►s co�rstnzcted i�l�;tasteful rnariner and wit1� care anc[ diligence. Tt
iits tlj� �esi�n �fth�I�c�use and is �:����istent i�� �esi�n�nd �Iacei��ent �vith simila�'
�z�v�erties c�i�Z�tt��rar.�eed La��e anu surr�ut�dii�� streets:
I t�?clersta��d tI?�re is a cc�m�,,l�i�it al�aut�I�e��I�cart�ar��e, �nd it �eem tc� m� �i�at it
thereis an€�t�jec4ku.A��rhe c�:rt g�r�ge, i€ s�lt��?�cl hav�i�ee��rais�d eayli���: �ryl�ile�olf-cart
;ara�e was ui�cler canstzuctz��l. It is ver}�odd t�at a �t�m��laint sl�puld arise more fiha�l
iw�}�e�r�s iat�l•.
I urg�}-c�u t� ec�nsid�i•the ��c�d inte��t c�f tl�e T�ia's a�l�.�o �ermit tfxe g�If-cai`t aaraAe as
is. It will l�e a shame and an injustice tc im�ac�se a re�tri�tion ai�er mt�re t,dai� h�c�;p�r�
later. T'here s�en�s ta I�e na �bjectic�n frc�m otl�er� in tl�e nei�hl.��i�I1�c�d tc�th� :c.�1i eus�t
�a���-a�-
x,�at��� ;-�� �^�-y�u�- I�ind c:�r<;i�Ar�ticsr��-e�arc�i��� thi�matter.
Siixc�rel}�}�c,u�_�,
..., _ •
f , �
, �
����;��s��V�.��.. ,�r�, �'`'C�7
�
!� 1
R€Ui�ard [V��:tza �,�1
713U���t 1"-g V�J
. . . � � . . . . . . � . . . � . .�. . . . : ���
7anu�.ry 10, 204�
Ci� of�'alrn I�ese�°t
`73-51� �red �ar�n��riue
Palm �esert, �A.922E0
`�� wh�m it��ay c�ncern,
I arrr� a�eig�.l�Qr of I�ichael and��riar�n� Toia ar�d over tl�e pa.st fe�r�rear�
have �bser�red the exteri�� beauti�ca�ica�prcrc�ss that has ta.ken plae� a�their
residen��. While at�he same time they have imp�oved the app�arance of
their h�me,they��:ve a1�o cont.�ibuted to av��a11 a�pearance af the
imme��ate c�mrnun�ty. I am specifieal�y avvare c���he gt�lf cart b�.rn in
question and would Iike to be on record that I belzeve it�uas tastefully
eonstructed�o bi�nd �. v�e1l �vi�h th� archi�cture af the �flm� and
surr�unding are�a. � suppc�rt any efforts c�n the part af the city tc� approve and
alia�this ��rt barn t� cQn�nue t� �xist irz ��s prefi�°j�:t fo�,
%�� j��;
'
�egar�s; ``', ' , ��, �
��.�j� • �����
.. �.
�
S�an ��nith
?�-526 Irc�nwaad �tr+�et
Palm I�esert, C�..922�(�
(76Q} 346-43�5
�-7
, '
J�nu�y�, ���}�
�i����a����s�r�
��—��{���'����1'1T2��E'i V�
��IYI�G'3�T�S,�:1'� ��2��
��: �6����LLIT�OW��� �..2�3.�:
����2{�i"� �t��`y�C3YIC��Y1:
�y�a�.e i�R.c�s���o��a�d���x�zdent��`��lar�T3�se�c, Y�y s�om�is loca�ed��
4£2�0�ta���reed��e,v�rl�i�h I I�a�r�4wned#'or sev�ral yea�s. Y��T�i���sd lif�ri�r�zae
�'t�i�a f��ye�s�� a�d have v�atched�t�incze�zb�s wc�r�tha��S�s be�ffi dc���f�s
irnpa�gve aa��beau�i�fihei�I�€�rn�. �€��c�nly�as i� b�n carn�sl�ted isa�prof�ssi�a�
���,bu��i�c�v�i.�h�ast��d�lass. `�aeir�abca�4f Iov�has ad€ied value to�ie en��
nei�hboghr�od. I s�rc�n�y s�ppo�the ac.����alisl�ents��IVI�-. and 1V.�,'�'oia,�sad ha�
�,�v�i�,r����,,.�;r,���P�-r��t t�-�����ti�����. T ca��;s caxt�cted far�y ftarther
di�cu�sics�a�t, �3�.�35���92(?�.
�i���r�iy,
� ��
. ,X'��° .. -�.e.., . �;
��aS�'t1��#r3t3�
�624���uc�t�w�ee�Lan�
�'�.lm�3��e�,���226�3
, � �� f
�i—�?�� � _��.,�>��.:� :�`� � - `�
�^�
. .. !. . .. . . . . . � . �. � . . .. .. . � � . . . .
1/1i148
To Who�n It l�ay Concerri�
Ivlichael and Marianue Taia ha�je made:�ar�y c�ianges to their he�me which have
irnpro�Te�i the aPpeaFance af theiz-hc�me and helped tc� beautify the neighborhood. The
two mQst strikui�a,re the conversi€�n to water savzng desert landscaping and the
replacement of a iacky lc�ol�ing le�n-t� attache�to their garage ur�th a garage extension
which 1c�oks original to the house, As part af the neig�borhoad we thank them for the
imprc�ver�ents, We are aware of#he disp�ate ir�tated by their neighbor�n� �sk that the
city approves tne�arage e�ension.
Respectfully,
, /, r-� ___i,
';�i;-.r��:.�i {.i�'-;"'�'-�;�i�.
;-~� `�
'f.�, .<.x.-- . .---- -
{��-�L-%�'�.. _ j+`;r_.__•C..�.-L :z.�
iVlichae� and Paula Peters
46160 Burro�v�ed Lazae
Pal�n I3esert. C� 92260
��a-s��-�o�7
��-�
. �
�ai��a2'3f��as'bara�lAtes -
4606fl ��rrc�vreed Ln
Palm�esert,��.922b0
�ity of Paim�esert
3anuarY��, 2(3t��
To �Tha�n�t l�:�y Cc�uc�rn:
�e ar�n�ighbars a�ll�ichae� a�c���a�ianne'�aia and l�v�s�n L�r€�we�d�.ane ir��'al�n
�3esert. I�order tc� acces��u�pro�erty;we rn�st�ass t.�.e'I'c�i��es�c�enc���henevez�re
%ngress ar egress. We have vvitn�ss��h��aea�a�ifac�t�c�rz proces�o�`the�`c�ia resi€��n�e
� : #At V Li{i.i�sv�u.�ii ��'rkT� �tP�YC. . . . .. . � � � � .. � .
I�uring that��e, I��fic�ael�ci t�t�ariar�ne�`+�ia��a�re dcne�.ma�eiazas job reznc�de�irg
���r��rr�e, ��ki��a���e eyes�re,�xs�pe�}i.��a �a�e c��"t�e 1c�veliLst�az�a:e���the
neigbbc�rh�od. �T�hatJe see�t..�e'tra��sfoz�rr�.ati�� pro�;�ss aszd �_�l��.ve�aersc�na�
knov�Iedge of fihe;olf barn`c�n th�south side of their propei-ty.
"�'he gc�lf bas�a,is�ery tastvfizlly��nstructed an�.hler�d��th tk��'�'oia's horr��ar�d�11I the
other hon��s is��h:�neighbc�rhao�. It�s co�s�ructed of��h qu�Ii�,�rr�aterials and both Lhe
e�ter��r an�interiar oft�e golf ba�n a�e esfhetacally a��e�iz�g�er anyoile ��ho�iews the
s�uc�u��. ll�ichael an�t I��°iann�were very r�eticulQus in pla�ing ar�d�onstructing thei�
gQl�`�i�rn�d�e���e�y�t���ci�aa�o�as i���tcing sv.��e�at i��c��� �t in�����csther
s�r�a�t�res i���e�t�abh�����od.
�Iease feel free tc� contac�us, i�yau hav�any f�zr��er ques�zons rega�ding��is letter.
Sincer�ely,
� . r--Y=.,. �. �. . . . .
� � � �} _' ,, �,.,�` �
�..%_t�� �:t,,.z�L4( ����,��---��- ��,���.'�
Bill a���l�arbara�Y ates
46QF0 Bun�weed�,ane
Palm�ese�,�.�.,'�. 9225£�
(760}-346-6327
�'r'��
, �
, •
�
�'a�},r c��.�'����t'��,s�r��`
�z�i;��'F�t� ���ait� ���J��-
i`,�--5��fi=<Q�d ����-i�z�.�z;
�-�c�I.r�€ ��.��e��, �;°,�`. �?.��� �an. .��, .�(���'
aC.�': .(t�'zc�it��l�`���, �c:�l�``�'c�t,��iQ����� c��c��`i��a;
�c� �d��� �,t ��:t�t� cc��ce�f�,
����e .�;f�`���-�i���� 1�aa.v� ea�j����r�r,..�b���r ���i� ����ar���;�'��
�it�� of��ll�� .i?e.��e��� ,����'��Z� ��c��.��1������r� �.�o�r�so 1��u�� �� ���t��r�Q tl�e
lc�v�! c�f`�r����3j��al� 1i����1��.�c����`���� ����.� 1-l��t c��e 1a��1��r����u�;-�� tr� ,.'z�� l�,�r^�, z�
���a�}i.°r.���Tr�n �� hr���n n��e�� �r��i�tic�i�r��dc, �-��l�c���t�e�3 cc�F�, t`� ������� �����-
��r tr�ac.,t�i?� ����c� �° �a��r�a���f�� l��,�1.
��r������, t1�in�'� �I?e �`�i�f��r�r'1�� I�c�s da�e r�great �e�lx ir� t����zs�`
,;��,+�;��c�r..��, t�� �,�p,j��.st'1Fc��, .��re ��c�ztio�� of���e�-olf cc��r st��°c��r� c�r�� �t��
6f1G�f��' ,'��e.�?5Sl(?�� e�C� #`�'��ZE�IJ��' G►i1�' �YT��'�:' �'G�TC�����3C?Zit:.�7"f.�x�� i�i�ii���l,
,�`d�r��x� �� nl j;�.-�c�`�c�a� tcr t.he�,=c�1�`���Ai sto�f°r�ge Q�r��, r'�z,,7`����`.�
c�������r,c��herr ?a���'`��c��l�:. �r',s�a -����e �a�'.�x��°���r�pl� I.il�e�1�� 7.'c�ic�.
��r��ea��I�,
.,, �--� ,;
,
�� � � �
.,-� � ��` �r.s
��.- �f,���,,�� ..
1��` �; .t�.�il�caf
7,���5 �a�c�a����c���'�t
,�'�lt�a 1���e�^�`, �'�. �.2.�t��
� � . .. � � . �. � ��.. � � . � °y N.a�'�-�'� gf��..��.�-- � ��K:�.����.;? . . . . . .�.� .
�'wa�
�.
City Of P1117'1 DeSel"t � Department of Community Development
VARIANCE APPLICATION
73-510 Fred Wa�ing Drive•Paim Desert•Califomia•92260•(760j 346-0611 . Fax(760)776-6417
Applicant: .
�«I-F�e°L�.Z..-�M1��I fk IJ 1��, 'TQ/f� Telephone: _l��C'C5� � '�'"�f� 2�--
Mailing Address: �'�"�O�"L� �u�(�f.'71J�2�'-iU �-A'A� Fax number: �`��G1�1� �_
City: Q�-� c�C U jr'�..:( State:�Zip:�Email: F't :s TOi�c �' L�h�"��E �-i��- . N�i
Property Owner:
�� � � Telephone:
Mailing Address: mber:
City: State: Zip: Email:
Representative:
���� Telephone:
Mailing Address: ax number:
City: State: Zip: Email:
Piease send correspondence to(check one): V Applicant Property Owner Representative
Project Address(s): �l�M� �-�. ,�s2� �1�Q,.,.
Existing Zoning: General Plan Designation:
Pro ect Re uest:
Pr gRvv��- o� Pf��Tl��LY �'�,.�I 1'?�U �GF cr9/�7 �r�� Y'�l I�T�f 1/l,0 S�f
a��K. � . � r � � � .��
c � � ��
, �
i�-f-� 12 ar�� � �� ' � � �. " ' i�
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.
t
� t�-I!h� �'-r�p�� 6 2o t��
Signature Print Name Date
Applicant / Representat e 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 DATE:
ACCEPTED BY:
�ity of Palm Desert '
Variance Application
I. PURPOSE:
A variance from the terms of the zoning ordinance may be granted on when, because of special
circumstances applicable to the property, including size, shape,topography, location, or surroundings,the
strict application of the ordinance would �prive such property of privileges enjoyed by other property in
the vicinity and under identicai zoning classiflcation state law prohibits the granting of a use va�iance.
II. SUBMITTAL REQUIREMENTS:
1. Complete application form filled out with requi�ed signatures
2. $2,915.00 Deposit Application Fee. Costs to process the application will be charged against the deposit until
the development case is closed. Payment for any charges incurred in excess of the initial deposit wili 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 pian,floor plan,and elevations indicating:
111. PROCEDURE:
1. Submit a complete application with ali 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 comptete within
30 days from the date the project is submitted. The application wili not be processed if it is deemed
• incomplete. After the appiication is deemed compiete, the project is circulated to other City departments and
local agencies for comments and conditions.
2. If necessary,Application is presented to the Architecturai 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 1� and 3"� Tuesdays of each month) and a legal notice is published and mailed to adjacent property
ownersftenants 10-21 days before the meeting, adve�tising 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 Ciiy Council
(meetings held on tFie 2"d and 4�'Thursdays of each month). Staff will prepare a wrmen 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 Ptanning Commissian 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 retum 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'/z"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 j full size colored site plan and elevations
Digital files on CD or other electronic format of all plans
s 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
�.
` City of Palm Desert
Variance Application
' One (1) set of Assessor's Parcel Map(s)iliustrating the subject property and the surrounding property within
300 feet. Draw boundary of subject property and 30Q foot radius in red.
Compiete Supporting Data questions is Section IV
V. SUPPORTING DATA:
1. A variance from Section(s) of the Citys Municipai Code to permit a:
2. � What particuiar difficulties or unnecessary phvsical hardships inconsistent with the objectives of the Zoning
Orclinance would result if the varian were not nted?
A SL.� 3T ► D��ESE�1l7 S'Ti2u ?' I S
U �/ L
S 1 � �
� s ��e �v �v� N���n Uc ����c� TD DUQ PRd P�?'Y VA�E.
3. • What exceptionat or extraordinary circumstances or cond�ons properly that does not apply genera o
other properties in the same zone?
L � e �- 7i�A- o�2DiN.4RY
s �
� �
4. • To what extent would the strict or literal interpretation and enforcement of the specified regulation deprive
MftI�K ��I�EJy�bA(t�UW�e�7! C,G ( e{-f�i4�V Sarr�j�-�,�i�and�ne? �
C�
! ,
.
5. • To what extent would the granting of this adjustment be detrimental to the public health, safety, or welfare,
�o rr�tgrially i 'u�ys,to pro erties or im r�ve ents in e vicini �
'�r•J 't ie.t �'D P P�12-"? 1/V
/
.
7 D It1�1Q.S� f�c
�D��c.t PPOR.i FR�iy!�Et�l��7�2..�. sE��ncK. c t -rxas,t c H�
6. • Proposed use of the site (project for which the form is led; escnbe t e t al undertaking, not just the
Ourr�n�p�icatior�a�prryal�in,g�ug t):
LF GA•!L_ ISH'
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 DweAings;
East, Vacant, etc.)
3
_ _ .._
September 19, 2008
City of Palm Desert
73-510 Fred Waring Dr.
h� w..7
Palm Desert, Ca. 92260 �� -�-��:_-,
z�
f� r .,
City of Palm Desert CiTy Council; Mayor,Jean Benson, � �' �`� �
��, �,-�r�,,..:
•�. T�r:.:f;7 w��,:,�
Regarding: Variance Application#OS-261 +.,, r;�"`,�-
� ���w'�
_,,��
Construction of Cart Barn and Work Shop Addition at; 46-020 Burroweed Lane '� ra�
Palm Desert, Ca. 92260 � ��=,
r+,
Dear Ms.Jean Benson,
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 Shou by my adjacent neighbor Mr. Toia. I have made inquiries at
City Planning And Building Dept. about the construction which abuts mv north
ro e 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 disclosin�to the City Plannin�and Buildin� Dept what he actuallv did build.
4-Mr. Toia never applied far the necessary variance to build what he actually
constructed. The simple "gate enclosure"which he submitted may have not
�
require a survey and variance; but what he actually constructed {not shown of these
drawings} did require a survev &variance.
5-Mr. Toia is now attempting to do what he should have done prior to the construction,
of what he built,with out proaer survev, aermit 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 wa11 to his existing garage and mv north pronertv 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
actuallv was built took place or Mr. Toia built what he did after the building
inspector left.
{See Exhibit D} Job card
2
..
Variance Application#08-261 Pa�e-5: Architectural Elevation:
Mr Toia does not answer the Hei¢ht Question on Variance Apnlication {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 mv
propertV view?
�See Ezhibits A} Shows in writing:
�New wall to Match Ezistin�stucco}
{See Exhi6it C} shows in writing:
{Stuccoed wall to Match vard wall}
{See Ezhibit D} Job Card wan signed 1-23-06 for {Gate Enclosure-Stuccoed Wall to
match} ONLY
*{See Ezhibit� Variance u�.5 {Show hei�ht 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 illegallv 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 mv north propertv line wall with in the
require 5 ft. set back.Nevertheless the city has in my opinion wron�fullv 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 properlv applied for and advertised
bv Mr Toia urior to his nefarious and arbitrary act to Construct what he did without
first obtaining this variance.
3
Mr. Toia also illegallv constructed a 6edroom and bathroom at the same time
he ille�al built the cart barn and work shoa, in which he, under The Penaltv of
Per'u , did not disclose on the site ulan 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 Periury on the Variance Aaplication {#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} Ille�al 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 man���al structures as well
as the golf cart barn and work shop and in his appempt to �et his �olf cart barn and
work shop anproved bv the Citv, he has broken the law,altered legal documents
and committed periurv, thevi certainlv would have never written or gotten involved
in applauding the manv Illegal structures built bv Mr.Toia in our neighborhood of
Burroweed of the Lane.
4
I must state for the record:
Here that these neighbors are not directiv affected bv Mr. Toia violation of the set
back required. He has ioined his building directiv to mv north uropertv line wall,
Not Theirs.
The favorable comments mentioned by the neighbors do not ezcuse or iustifv Mr.
Toia's actions for the legalitv of this construction. My proaertv is the onlv
neighboring propertv affected and devalued here.
These neighbors have never seen the view & noise from the work shon,in mv
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. T'he work shop has man�High Voltage Power Tools} and the noise of the
tools in my bathroom is an extreme invasion of Privacv. {See Exhi6it E & F}
Further,it should be obvious that such a disregard for this set-back required will Devalue
mv Propertv. I already share a common garage wa11 with my neighbor on the south side
of my home. To allow such an illegal structure to be attached to the north side of mv
prouertv line,will not be in the best interest to mv nropertv ri�hts.
5
....__ ._..... .._� � � r �
CONCULION
Mr. Toia has nefariously orchestrated and is attempting to have you believe
that the,
* City Permit Specialist: {See Ezhibit 1� and the
*Field Inspector: {"Wbat vou do behind the wall after I leave is vour
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 �VVe had A Workable Solution� — I can
break the LAW and build want I want.!! {See Ezhi6it 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 G�
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.
�
Mr. Toia had Robert Stewart, his attorney call me, in which he was
eztremelv 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,
y�1'�
Suzanne Pride
46-040 Burroweed Lane
Palm Desert,Ca. 92260
MAILING ADDRESS
PO BOX 2688
PD,CA. 92261
760-668-5444
7
_ ������f ' i�,,, ,� ��7 iJ '
. ���v. �{�.4F� ����lf.iii " L7�E�bi�i �'.�lks...-�11£��i�:.�s�ib� �S.-���i��l�'j`�yi��
1's%i�. ���.?����s �1�.��`l;� — �1�E',��.�'' ���i.i1��j�1� csz�� �21�t"�:
��'�•. ���'ericl��l ��z��. � ���:�«i�, I��s��;�c� II
�;�- ��=�`�.i�� �i-����
� � S—J F:7 i 2•�.�.i� 3r�F GS3��2�` �f s .��r
�G�Si'f 5_3i+�v�e yQ.e�s�,:ti�.�:
t� 5� � i�
��; �?i's��i������ii t= Ls� _'—?J�.,
���� 3���r? ��c�t�d �� =���i2�� �u��`��eed �,ai��,
It was at this point that the ciry permit specialist attempted to help us ���
creatively solve this dilemma. e suggest we esign an ta�e out a pe�
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 e�sts a sketch in the employees
� d writin which de icts this desi . lease refer to the enclas�d E�ibit
"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 ci ms ector erform th final I'� '
, t�.....�...�.�..�..�.,�...�.�.,�....._��,..,_ _._.�.�.�..... -..;:.�--.--.-
sign of�on the permit. what ou do behind the wall is our business. Since
we a rea ew t e n i or was on oar wit e r vement it � . �'
- appeared 1ve had a workable solution
Resp�ctfu�ly,
i��ic�ael J. T€�i�
�642� Bun���e�d �.�ne
� ��1� ��se�, ��, R?26Q
� �1�C?� �'�l-��i2
�
�
,
r. < ;:��.
. t,r, �
, `� '
'�� , ; ',��,'�
� y ,���. � ���
�. `, '~*�„���.�``��,�• �
� i� ,� � ,�,�,� .
����' �...._._ _
� a ,,�,. ;
� � d � a � y `'`.�;.
� � a: � ,� �ffi.� � t �
� ¢ �':�
-� C" � c�o � � �� § ja
� � � � � �y � w $� _
W t5 O �' �—ai ��
%', c�i G � � �' .. ' ���� i7! �. .
�� � C � � � '-,}.- �i ��+.'•\\' U�`� :f„ ��' �
" � � � �n �.�y 3}t� ,. ` ..
� r" r' a' r� w,�I + � yl $A i � 7 .H. ..
�.:. � r"'i � ^� - k'4..A . �- _
i � � � �� �,��� _
'�� V`�i —' � �'S � � ;
�� � ,, O "�C H � �` �� �' � {�' �
� � G �r�y Q ,'y�;\ r
� r�� n /� � �T� �:`�Y,.
��� � �f � � � �. . � . �' . � ..
���r f) r f�D � N i.: a "�: ,a' .. h`y.«+. �.
(;. � ./ � � ��- 1y�r��",�d�.i�..' ti� ,�" .�� # ,y��� ��'`Y d � . _
� O �'}r, �+,'i,,� �t t k d �•^
{- n O � pp � � E 'h, . y�
�
a�,` � �: b � . .-
,e � a yo
C.y �, o .� ' -
� '° �
m i� ts w' -�-, "'�� �_-_
� i.— � �' C �.,�, , _ . x '�n:
�n co � ,�'., � rt..^:;: , �,P�,.�t"
�. � � p,' .�� � `_ `� «..�.
�, � CD R �1� ,: ;„�„� :^-
�' � P�' � ` x'" � �� ' �
�
� x � � �'�9.� s. ' �
Uq' C o ya� � '�,�m�u' '',�•_.
�
�. rp 00 �k-�}��- t y�N i;� .
'Y `C Fs��� Y n' �'" '
. ___ __ 'darr.Y'eh.-.''�... . . .
'�I _�_ �,�5�..
� .I ✓vl
�
'j _." } �,_-
.I i �e�
�.�� � �
�I r `�"
f
��� . _. ' � � ..
N
� '} y k�
� .4 5��, . >� .
t '. . x
�. ... . � x .. .
EM�,:'�� . � . . �:� � � �
� � �
� �
:;- .
_ .,: } ,,���, ,�. , ,, . , �.
�„ �1 y�"Y�k�}�,��q � }�� � I
�
� �I I '^
� 4,y. � �i'.0
F��- �� . . . � �"'
-" ...�. . . - ;�ero«t ',,; , . ,
A�- �y�
s=Cn'.
i
v ' Y � �
� �.' . .p . ��
� ' + ji
�. �^�.'# ,,:�s.a`.. � . . � F�t=.��,. r� ,
Y L ^
' n. � np�
�
„ • _
- �. i � 4
-�_ S
-- z � r �
r � _ - :, � �
.0 �, ;,�
� _ - -- � '
-- � :;. � :
�. : _ .
�,'�' :
� — � ���� — " ' � � �� �
, � .
.�� e��� € �
� - �. �' , � �}) � �
�,- J rtr 3 �a� Sii
: : ' �7C� ,y� '�'x'� �i
' t��`� �v s .
a �
� ,� .
. fi MS,c�+��' � . �
� � �.n - �1 � �� �
�' '" �.. �, � v �
\
y-_ � .>
� � � Y
� � ���� �i� .f ��~� N } S
N �� � �
�w� - kF . ] ly,J
� u
•_ i
',��. � � {s� J !�..�
� �{ � S
�yl
ry �
�� �'n . r N �-�� ''� �
' -�y kz i �i.:.
�"y ,. ��� � �
;� � ri;� � ��� ., d Y,y J.:, �\!
� V� � �
'�ia . . ,a: �� ,4'„` a
yYl " . sr . . .. . -_ _•
C
S
�.�, ��d'
_�a .���.._ ��- _
- -- �( ST/'� `� -J .
• � ��
� t �:�� �
�
. �� � ���`��
•, •t,,, i �9. .��
a`,�.�, � t �,��.,;,>.':�
� �.,
�' ` '�
,, p t ` \� �.
a'p � � ��\ � .
� ' t ��. � P�
� �� �
. - � �
� �
� � �
t ' � �
__----
t° � :
� �
_ �
� :
. �
3 � �;s
� - . � �:�- �
- �- � �,,� �
1 � � �
� � �
�
. �
�
� z
�
� �
. �
�
�
. �
I f•S�
.;
��
. t.
r�c� c���'�l
- - �-.��.���� - . . � . .
,
Q� ��� � �Q .
�� / r � �
'�...�'�, -�S'� � / " -J-- c�7� LW a d
, �
.,,. .s`�� �. ,• _ . , - • , , ` Z�
'rrr�ro��'��� • L � , ' � ,;•� ' u � �
• '` " . �j��Z¢�„yc V� ' _ .��•1.�".=--�-�:
� '� p _.`,�•--•.... ., _..._.�..�; �
_ � ' ��,���'0�,�� '_" � � �•�,,ti .�
� �'• • r� t:,, T�� � —�---t_•..-y f -'_-
',:� � a �` � � �
� '�.:�.. .. ��v`�'��o�yo
,. `: �p, Z yZC�y�r�a�6.� � 4^ �>,� �
.. 0 � 'v�� r Y'j y � F- v 'C�
. 'i,^`'. '� 7 �3�� ,�,`�m�o Q m � � � 1 s
i-\�r, � ��, � �u�,����p�rs, F— W � p � c x
...�,5�'', Q. 0 �Oy�a� O�+�a a, � W LL '� � � 1 �
'i..,�' ; �� v �/ ��y��,�d '���7�; �>� W{�Q � d � ii
� % `�,r0����Zp'��t�•� 0 � W � a ��
'• F K
d�� �� � LLI W N a �'�_'-
.,}� ' . ��� `� � Q � � �I] ' ��
�•/ a ¢ �- tj ��
' '•� � ? LL a � � J o� H
', ` � ' � . � n7 mzz � �� `.., `�
� c1 0 � � w �
t�1 ''��:.•t � .3 U � � W W � Qu ...
� �
• � -�'�. O 0 � fr, ' c�o t�
y� ; ����:� , � � v � Q C) �:� ?,
� � Q � � ID �
�` =� .,v �. � �
...� �,�:. �" � 2
_ � X � 1� �-
� .
� . � � � " � �
� � . . .
� . ;::
s:;�;:;;' , - — _�� .�;� !K^�a
. .. , • -;:•.,;4�;.,w
� � .�M1_
� _ ��� � - • w ` .
�\� '�. • �'�Ga•V � • -~� •
'k N• •�ib-`Yr.��:�.�..�� �ir'_'iV. ��T�,
* ^ �'w�:.��r�� `����.�..
. .�•Y . • , �w . ' '5..��� `}•��� ` ,,���
,;::.� � •,. -�:• '~ � ��'�-��l.1S �"� N�.y�J�� �,
� -.,z �
� ,
1�- -
�,..
. �.
� ��fy s l� -� �
- � � � �'/�L'� h'�rL�'
�i. CF
�`
� ...'7
�'
� .
.ti:.
_.�.::.
�-�.�,,,�
� ,,., ���
rc-{. �`�. -
_y ; �-
: .J � _ � �� __
T'- � `� �- r��"" 'I #�
" tve ; ,�,,. � a __ __ _ ___. _ _ __ -.
} � � :
. F
J . ... .__ ' ' . . ._ ..
�' � ,�� -.�'��� '.. -� �X� ��� .._ `.�i3`�t� -._` . _ ' ' '_
f' ` - .. —. �. ^ , ^.`� ` ..
`ia � 4 ��
��-y �`t- .. �
. � - ' "�,� �„ ' ,� _-� . �-�� � �1-� �V 'y � .
' . - �� � . �p `�y.' ���1�4�\��-,�-.��.. __ � �f�+s'�: � . . :.- �
~f�� .. ' _ ' J�1 F � , ' .
il��v . ���;�r • .�'� . _
� � •
,�;` _ - � :i� � ,�y. j
f,; _- - = -R' ' ` .
� �
�- r 7
Y�� ��� . � �: � .�� ;•
��-ti._ �'}' _ T �f __ ` .
- `t ,. ��,�."
c y� �j�� �� r �`
•a� � =�i
` r� �^y l��� ��'�
{. � _ � ;-r : ;
7_ r r
�� � s `. � _ ' `_
.�' � ��
�-��� L' �i. ; �.
�� � ���. ��` . .
�� � :,
7 ' i>
t ±
� '' �1,
� � ��F
� �+ �
7
�` � `
,�'' � �.;� - __�x_-s_�
. � �, �� � ' . � ' �``r.._�,r--ti_�_
'� �. �,.'��y, �� �<��'r- _��1"`
�• � �+� �`, -� ��'`.�.-��w:,�li c; a��_` `�-�ar�';
:; � � r_.. .a�,..��._ -
��`��, �����-- � � ��-•,,�„��-� �-._-
� ch�� �,_
�� ` � ��. .. ..
��`, �`' �` -- ��-�
,.�: s
�_.:� _",.�.;--�� } _�.
, _. __
- : �s = .-_ -_ �-_�_..
r�,�'?� � - .
�'�Y :+T.G��4 L� �.
W ` �h
�� �^��'t�tt',N�i�. � f' i /
�. '�`� �`
1 a,.i"1��' . � r�� ��� �,�, "3 _ . , .
+�� � •: � _- � ... - i
�P � "� _ — -- .
1 �'�;` Yl � �, � J .
Y
..- . „�lJ. � '�,1` ' '� ,
�r� . � 1
" ��`f _.. . �
il -
j.. '
s;
;2:
o �'
f �
- ;; c
— Y U L
CC C "� C
. > ,3 R r
�, `"' u '"�"
L � L 'C
:r G �cJ
�.^. � C` L 11 L
� „ � v'. ^ C
3 ,� a; A
` � y z e
p � ° 3
� c
Lz '� � > �
�34 � 3 a � � �
p � ,� = 3
� �
c a,
�c G L E- 'o �
= :C ti 3 ° s c
� ;� F 2 C,�, > '" c
! _ �
y �
�.� a � Gr. e� � � s
:� � � � a' �
� 3Q ^ � � m
� � � � > a` 'C � E
� a. � �, G ce i
m v, y gt � �'
I � _ � � �'� ea .° � 3
� ? •u ^ L y
ai
; � y w i ,c G >
�' 7 � ^J �
i � � �
�. �r�., � # - %.
� .� : x
k�°� �"�iv'�' �`g.�� , � � ��t ,rEp�Mv� � ��'�, ����nE��i-��N�
'Wqk�`.��xr��;� ��"��iY.�4SCr1. y.$� .� �p �
3 h p {.
� - r A'�. .;'�� ��� � . � r,X ,,� .
-
��
� ;
. .
" � . .. . ......� «w.��
� _ _ _ . � ._...- .. �
I� I �����1f ii rl�� ,��w. y � � .. _ . .. ,.. ' .
�I���i g�p ` °�u�v_ -r+`�s� :
i Y
,�� �� �
; g � .
,
�
�
:� , ; � �. :
„s5 � ,
� ��
,
� . .-���� �
.
: �:;;
;
� �� _ _ �
., .�� � rr �
�
:n�� ;x
�' �;
� _ _ � �
��,��
�.,
-�---� ����--.�:-
� �- ��_ � � �-��� .. �:,� �,��- . "
�
����� , �"�- -
-'t�.c�'�Yn �? �«..da�s. .� a .���,. k� . .
- "`ii�-.�""xt`�x.Fy- "`S-v i t ,. y . :.
3 1 '� ,��G�" �'}�f�? ���1 g ..�_. _ . . .
4 WrEN?d }-�.-�� . . . .. .. .
•�� .�� . . . ���
�� �Y � l , . .. . ��. ,
. � - tx r�.-� h s.
��1c'�K"�°� � '� �
S+�Y� ¢ �3
�� ;�4��'�,^�. . . . . . �
r
x a 4
.n .:-:v:�. �..-m�...: , .. s� . �.: ,:�: . �" .. . . '_.,.. .u�.
Golf Cart Barn and Wark Shop (HIGH VOLTAGE,' Power tools
are extremel�� ciose to bathroom. Noise from Work Shap, invasion
of Privac�° also tfle aesthetic of this structure depreciated the value
of my pr�perty
� X �! r� ��► +�
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}
Pa�e- 5—Variance Application #08-261 �°''� ��(��,,,,,,,, �,,
!/
B. ARCHITECTURAL ELVATIONS: '�{ Show hei�ht of new structure }**�
� �
Mr., Toia states; "previously submitted and Approved by A.R.C"
a- The hei ht a roved was not b A.C.R.
b- The height approved was 6y the Building and Safetv
Deut. on 1-3-06
c- The hei�ht approved was for {MATCH EXISTING
STUCCOED WALL}, as Site Plan shows.
d- Architectural Review Commission Minutes,March 11.
Page 2 of 14; paragranh -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 buildin�
Final si�noff'.
e- I spoke with Debbie LeBlanc, Building& Safety Technician,
She said, "The final si�noff did not address Ef XTRA
HEIGHT}.
f- Final signoff,was address by Mr. Mike Neelv,Palm Desert
Building& Safety Dept.,who came to 46-020 Burroweed
Lane P.D. - on 1-23-06 and singed the Job Card HE{ IGHT
TO MATCH EXISTING STUCCOED WALL "GATE
ENCLOSURE" X {ONLY} x
Conclusion
Once again Mr.Toia has Orchestrated, and Under the Penaltv of Periurv,the deceit of
saying {HEIGHT-APPROVED BY A.R.C.}, he does not fill out the Hei�ht questions
on the �Variance AAplication}.
{WHY}?
� �� ��:�' ` � � �`��. � I� �"
`� �_ `�
��c��r,,� , _
�������-�,:����� ������ �d�'���"' I
���������� � ���������
��_ �,c��������' ;e. �=���.§��;r�±�t��r��i�:�s
��,qf�3�tC3C3��lt� S,aEY79�'�:�Is�;'lu�`?���i�"�Cf�3`!n� �..�r^,�,i r3�`�7�7��:' ��:��t`le�F:�s
_____ ,�31 �atility;ir��?e�t�u��(g�s, �lec'rr;�, ���;�, „r� �r��,� : ������;
__.,.���1�� ��m�s, �'��9����i�� ���h�;t��ti;��
�,�I� ��i�ti^g�r� �r�p�se�i �ir�;�t�r��
�!f buildin� se�b�cks fr�m p�pert�lines
-�t��I�i�y�di;�����r��a�;€���!i�l��E���';��r�r�����;
LoL�tic�n,elevatic�ns ar�d heie��st of prtiposet�wa�ls �;,s� fe�ce�
M�.ocation of�rash enciosures
Parking fayout�vit� dimensions af sfalis, aisi�width�, walls�v�ys and surface type
�9ap �egend in�iuding:
�rass�nd i�e�acreage of parcel{s�
�Gross and r�e�f�o�r area�f�tr�aetur�(s)anr�ty��af use
Required ar�d proposed numb�r flf p�rkin� sQ���s 4inc�uding h�ndicaP}
Lot co�aerag�(percenta�e of lan� covered b� �uildi�9(s))
��ar�c�sc��e��rLe��a�+� in an� �djac�€�t ts���� �S�rkir�c�����
B. ARCHITECTURAL ELEVATIONS: �
�
��ttOt�t�1„-Y 8how height c�f rsev�+structures from Fir�ished �rad� �� highesf part af the siructure, the r�f perapets, �r1d
�!�11"fl�`E� each flaar,
��� Shav�scre�r�ing for a!I roof-mount�d equiprr►�nt
��'P620Y� � Proposed signage/awning lacation(if signage wiil be on the buiiding after it is buiit)
��#"�pJ�$1�. Coiors� �ievations, sendering and/or perspectives(separate sheet)
.�9 j�3��
�e. 9 �V��r{�'���v
t1�9'�'iL��J���9 �I��ie��C���'�l��l�
Labei ail�ooms
t��rnsnsicns of�I! exier�c�-�amponents
+�. ��OF Pl.1�N�
Indicate top of parapet neights
��.ocation of roof mc��;nted �quiprr;en�
�acation of ladder for roof access
�
�± — _ _ _ _ � _ .__ — — — - --
�— __ _ , — -— --
— _ - _ -- — —
—_ _ _ _ _ . _ . . . _ _ _— ;— -- -- — �
-^-xs r:�
i _A_.Y__�__ .�.�__ '�'�.--'._..�.___,. _._.._._�---_.—_--_.�-'-�.�__...__.._��__..._ ..�- �.,,+s"' "�'�'�""'✓� .._.
.. ._ _ __ _, .� . ._ ,.. _�_. ..-, ,. _ —. _ .__ :�.,__._ �;.�,�,. . - . �"'
-:,..��-'.�'��--' . . . .;i
_ - -- . . .. :`7
- _ �_:.,� . ... .
��-,�---'�'--- `�. � .. . . .?
�,. � ,
�`�..-"�,�-.-.-....�.,..--�_..;-_ _.-_: __ -_-- '-- .. - .__„ .- __ . __- -.- .- _ _ __ _ --- �'�±
.__._� ,_ . ._.
, ._ - -
- f,�; :-'s'� . __. %.,
y.=;
�.__-.._ . _ _.. _�_. ._ "'__._' _' :..._.-,�---"' - ___.�.....�__ �.�__._.�.
.,..,.. ,. ....._ F-.,.. .. _ ._
, .. . . , . .. .. . .. _:"_ '` � �
_ _ �� i
' ','-� _:` ._ ':' _ ' : ��.: , :.� -._ ,� � :
:._....__ .:�._,._. .. . � .
l;:;a
y `� � �A
"n ...m�...._..__... ....... . . . .. .........�-___. -�,�. ."_.._....�--e�...._�..... .-..........��e..e..��..s...�_ .-..—_— �
\ �
�i
.,. ._ .... ... . ."_ " " " .........�... �, �}
.__.._.._.._ . . ..__ ._ pp�� . .
_ � ' �,j
, ;
i'.
f:
,. �; � O� �
_� ''=- � � ,.�
- - , �� � � �
_�-,. . C- .-�
. ' � � �
;. � � m
Q �°'� �."
s � ;�� �
° ` ` �< C
� � .�_
� � �. �
�' � - O
F `�= Z
�c �_ ,
�; � F
„, ; � �
.
�', � � `�V�� �
.___ _� �- ---
----� __- -_._�
, . � � , . � �--= 7
3
.* .�.. .. ._. ... .-,�.� �_. . :. .., . —.'._"_ ..... ... . ��{ . �y
�} � � yiy�y'
, """' :..�.._...._ ."' __.."." "' ._:._.._ .. �.._� ..�. _..___.-....�.�__ _____,_,.._�.__. � ��" "'_'_..._�_ � � f(Q � VI�
._. `/ � �
� � �
; '� � �
..�_ - . _r_�-=
_ ,� _._,--_--.-------
__ ~
�,�
.w _--_--_-- : �, d
__._,,_.,_�__._._�..-.___ ..
..�__,_,�.v...-. -.�.�-- �,
-- - - -- -
_ - - - -
ti t �
� :...�....4.�,,.�-.,:,. .�.�.>_.�. �,�.�-�.
�� : - , -; � � __ .--- __ _:Y_.__..___ ___ ._ �
.. _ , _
, ., ..
.. -,
_ _ .
_;
---_-- __ '_�_- -- -
_ _ _ _._._ _
__'_.__ �
...�s, �.-a '
---- _.��::�;�
_.> ._ _.._... - -----_ ._�---
_.. ��'+ "'�
� ---- _._ .__..Y _ __ -_ -- --. _ . ;: - '---- - - V:
� � s������ � �� �� 8�a .������ �� �� �.�� ��� � ,"� /`�
., a� 1
�, _ _.__ .. , - .-- -- — -- _�..
�.�
_ __— -- �,
�
_
— - _ "- "_'3
_,� ----__�___.»��,T�__�
���� � � --� C
---_.�_ .___ W:�,
..r
�a �
�^ �
� N
. r.
�
i
!{�I(�•�i1� Cr�..�
. ,f •
��
.t {4 '
1�� +
v
3
. 1 y -
tji
� 3
�
�
�' ,
� ;� �
� � ��
l� �. � ..� .
3 � . �
� � �
s
� � -
�, �
� ��
� L �
� �� .r...-------'
..r._..---.r
) �
�
� �
� � y � .
� � ��� � �
-.� � � �� � ! °<
�
� 1 �,a
:, �
� ';,,' `� � 1 ��
.,� �
�\\\� � � �.�r.
��
� . i �-
� ���� ��
�J 1
,�.-�--- �� •• � -� .
. s. ,r,r,� /../.1-S 1� -- --
�� -.��J� �. Q�-
��+�n��1--�
�'.��!� s��u c,-r�� �- , . _
. .. ��'I .S -
�t
..�.
. .,�, �
.�l �
-=S r3 [„� ST�yL.'�� ��1.._{+�-i. ;�ti�,
, ��s�J �-�.. �`��- - `_ �. -
�C'"'��'` • ""'��a.�::�s-�:�y�--�''V ` �'�
. ;����'1'•Y 4 •��_�•• ' •� � • J `
- . . • : 4'`� -
' - . � .
��~'�' ' i`=' ;�t
' '�`!�+�.� ��,.".s � �— �'' �..Y
._..-�.�-r�
s' Y ._ \ \
�1��
�y • ' �('�
. ' � V
� N .
. � :
� �� " �v
'� � � �C , ., �
� � .� � a`�- � �
� � � ��� �
� � fl � � �'{'� � �� � - �
� � 'n A � � � � � '+ ...��.• .
o t� Q Q � i '•� ��
-� .,, - � �' � � n � , `=� �,
" �w sr,�nw � � =a � �
A� p 1 ' ' , '� �
l� n� i � a :� ''�� 'C 0 ,� � (" �
�'�' �� �y � ��-�v L � ��.. �
�* -i b � �,'�/� . t�: F �
�� ' �� m� r ��
y� 73 -1 m�.' � / ?y 0����� � ,:�
� r Q �9 ����9� O _
� i'Y3 .� ' '4 a �t '• ' �
m �. c�'� r '"t7 'i1 RI u'! 9��o Nc� � i".�.•
� a �+ Z � Cfl �-�i ����p�y��� `l� t�� •��� �
� . � -n m � ��'yo�m� �'�� G � ,`.
G� �i � � � ��.�°���$�Z �� , .,:`� �
�C. - s��°.��'c.� . � -
� � � �� � :�'
� ,� �---_....+-- . �,� ;. �,�a� �� `� � ' :.� .� 1
N � . m!'��,;y �,�`
. , .
t ,'� :wa�w�.��S,.. ,. .....�...y-�^^^- O � . ' ���
, � ;,,,_,.�.�r.��'C' , -- - �� + - ` ���;�•�L3� .. ^ }� ,
ll • .� � � �.��� �y ytr. 1� .., �
� !� f .� . , � , . . •; ' � ��t�i�`
�._.:..._.-
- ✓
t'e � �I I� '(�.�..._,
1 . �,.t S �["1 . �!
.�c� -
�� • 3!�(�, �D .
' � � � ,fi�
. . . ���-rn .
�
t
s.
,,
. � - � r, - � � _ .
. _ _ �� -� .,{ , .
� � . Y � � �`� �
. w � - �
� ' :. �"I -t�
— � " — � ` � . `�s {`
. __ ._ -� ` i•- ��'��'
� �-
�
�-1 ♦ ��
.. '` .��.r, �Yr y�,,.. �_�cc-���..
/ t ..� _ 'S �4t,r'=�„� � ,.
_ � -�,� l'iD�p:���i, --r�'�
� . � 't �<,.};SKf. ,- � �Y�.
� _ � . w:riq�.%
.- ,.� """_" ' `-yi�
- ��:-t `�r:.� - . � 1�
.
.. , �
�,�,�tr - � �
�
�=� �- �.�'�.� �:�:
. �'-�"\�_.1.2_"�_'w�� ' ��`,� \'`` 4� � �'
. _�.. .-•��4T��"� �wc��� � �.
r-,_i-�'�.�'�►�i��� r y � \� � .
\.� ��
t �
f T+
— �+ i �
\
i
- - � 1 -
- - ' � ` �
� �
, � �
-- -- - � �y� - J�`. � `�
. . `:t ' t �� .0 �
� j )� . - ��� ..
�� t _��w�l�%.
_:..s��.,25�- - s
...~�� Z..-. . ►
'� .. ry� �.-.:
��
� '4-1 a-_ S
i:,' ;-��.,_ --'-
. �"� ..,, --
-. --�1�' t�`' ��.
r ^�` t � � -
' 1 �.
�� ����- ' � �:Z..
i ��..--- - � �k.1
< 'o,� �`�; . � � k,"
- `�`�� � i� � _�I �" -
' c -. -��� _"*'��',��+1�,'.'��'�,''"',l"�.'� , �`�,� �� ,�:
`_ _ , �
, � �. __ _ _ �� - —
�-�- -.. . .� �b.�'`— ������ ;""�.`�'�~_ , --- � ��}, � - �`r'�. - �•�
� .�-_ .
`� �` : !f
__,__ .__.___ .`__ - -_ ._.} ;
. - ..__ • . �.. ....y ...SY� ..
�. � it° �
' �V!^ ' �i
�
. .. � �,_-, � ,'f
� '�
' 1 z r_
��� t�`'►,� ._ _.
� �
�
r,,.s
- ' �r
�
— ,�
�
_ ��` �
� �1 � %��
Ly \
f ��':Sl.. .
� � /
I /�� �
.�....
� � �, � �, 1.11. � . 1,.�,� �`'�
�'.�,. ` �`"i _. _ .
,:�'
:� '� `�
' ,. . "R-��: .
: �,,�.�' • .• • • • ' Q�. , 5/25J0� `
t.;. � '
; ffi��. ��@ . .� : , ,, ,. • PLMD
� ,�` �• 4���@'� E�i
�':� • • t�< . . , , _ .
� .+, . `..° �::�:. : 6 ..,.
1��'. • �. .• • • O� . .� �� '
- � r. , . .
��� ��t nw�e . . :
` � �3TI��E�i�AI� gI�+E P'AMILY
>��1 :2 L r� ���• , , . . � ,
��''�a • '�.• •` ' ' ' . • • ; p,�� * D/AI+Z'EF� RESIDEN'�'IAL (OWNER/
� . � � � • .• �•
�. �. : 1/�3�/�� �
��, � , .. . . .
" �.� .
�� • ,• • . -. . �
n..
��. ' ��,� ,�� ����`
, . . . _ . . �
e � � �
'�'� '' ' . ' � � ' �
� : NO
.
,�.,. ,�;,� . . • .
,. rt�:
�' ;
� W� `� �� �° ' � . , : 2'65a.�@
,,;�iF,r`. ,•
� � :
° ����,�� � . • • . � ,
��` � . ��•� ' ?����'. h� ��� �'1,0•t�as
. ,.
�� �����'� � . '., .,�.-. ���"�� " c,r�cs -.�. .ro � s__ --- -- _ --- _.
0
�1 � � . �
�'�1��+�f�tlt . _ �. .
- ----._. ----
...
---------
^� pn i_23_p6- Mr. Mike?�'eely, City of Paim Desert Building & Safety ept. came
the home of�6-020 Burroweed Lane Palm Desert5t ccoed6Wall Ton�MATCHnYard
Inspection of the Job Card for {Gat�osure
Wall ONLY} Mr.Toia the year of"�8" added {CART BARN PROJECT} To a
Legal Document,Mr Neelv did not see or si n. }_, _
.. . , "� " x�- ,� ."� _
��G:`rrtf �fv � ��;Y��� �i�. r t�� Y ..��'4= . F.:. . �. ✓������ fi, � .j1J_ J'��tJ�'lY 7V
1� f i(1
!f N Eit � �: ?^ 14' �. .
i�' � s aC
4;'}�K����k. ..'` .... �7 "t'�k3S , . . .. . . �.. . � . �.. '�`, ..NYSi+�fl'�F��,�Y.
. w'+'.�l , .r i , s1 T. ; "r a'T T., �.-; t�1� � :.�. :.
7,y' ����,�?�s� .�t �r. �.�hr� �!• �. Yc:r � .� '.� i i��X,. . . . ' . ..
, t � .
n ,
� ,� .., ,. : ' ' .`� . ' t ct6
�� �'" �x.� ��',�r .c J , i � .
,
, .�., ,� «f _ . �,+.�� ��r�s�
�4b!
:. � , � . _
���` ���r �p �K�; *y..r ' �-�i._,(� ,, *, �' � JkCtD/����� � . . .
1r;4.� ,(.'�{�.f. }1 f 1-'4� �\ xR1/'i R`,�' 4 :' ��r r
• 1.����'�'� , , , .: , . t� #._
., ,
... . . : .. ,.` . .
�J,
y � �� �;t�� ' �� , ' _ .. ,
r � �',���'�"''.;:y,�...�•��``� ��''� '
''� � � � ��� ��7�R , . . �� �}�;3��. . .
. �:��'�`�.�''_
_ , ti � , . . � � � _.,� ,��; .�
„N.:. � , r r� 1� ���. � �x������l'�tY� � � i'�:�-�? :.y
�� �! • � ry �a i�'` ''��?'F7r � �;` � . ' . , '. . _ . +�" ; r Jv�.'� � . ,
: . t� . wwM.+�
�;C,i {�,�� i �... - �� , .. r.w�►'T�r�rr.�iiY1t*+nlR��i'�rrr�.��a'w r 4 i: ... . ..
,t ; f���j.�' � � h,� i�,.u►.!+.i►,�t w w . .
'�F��'*�M �+�`�� �� t r f � . • . � �! ..
'` t - f.. ��,Y. �� .���' {���A�SY���� i .. .. . �� � .►r � .- ' .i ��.� r' a `. .`�." .
� 9 t ��, �yy y� _ r �;r�w ir v�+��r a r lr'w rr i k a/ .�.. .
� .x�'�.�.:Yv . i�;�,��.'�� .. . •i� ��ir��J�•`i1t'adx..�.t.r ..Rrt "� . , . . e �r.S� �' h• � .: ' . . . .
4
<4 ��.�� t.,. .� , : « . � +� �(�F7Yh1 �j.W �iIY7w�.
'I � 7 � �f� •-... �7 V�
1'yT y � � .j,�1��y� � � �
S t 7 +�11.�.�J"�'!T. . �t�, '�as4Y
' � �;�;��cB� ���t�� �� 'y
� �
. ' ' j�.,�. �:.. �,,,
+. .
. . �...�-+ �r, + ��^'�.. Tt ..� . � - ✓4: .�1.�.�+r :!"'Tr� .. +. ,�a.,' •
: y
�� '�'� �� .. i� Y:r11LL'r nk w:i�►irs+� t. .i...
�!' ..�z�}� L,}'��I�'.�i�'4.�►�•f�i►"h'�''�"����R� '�'++F![�s � . .. ' , '
b,1�1'+4 � { �� j�� . _ .
,:'y .:,. _� l. , ���,�� y. * �. . . . •. � ' . • - -. . . . . � . , � � . .
., y. � � ' .. . . . .
�i, :A: i!c L:v t Y;' - . . . . - . .
� ',P'� {ti�,t :,. 5 r � � . •. _ . .
b:'� "r , � .� �� . .
1 � ) K1 . .. � . ..
_ . � : .
, . . . �� .
� ,_ . . _. .
�r . .
,;;�:: .. . . ; . . .
r� - � � � -�� i �. .. � . ,. � � . � .,. _d�L . , .
�,� . ��� : . ,.�.' '� .� • . . � , . . . ' . -rS!';'
�. r r ' �,.���� �. �;'t���'' :H:
� � t�e ,a.• ..�4..�tti�Y'F�3. :.+�`YN.tf!i:thSMrlIC i�daP'�.�:y�y.. ..4i�`!1�. ±: � I/
, ... . .. . L..��F 71 " �
Wpyl _ .a....� _
ARCHITECTURAL REVIEW COMMISSION
MINUTES
MARCH 11, 2008
A. Final Drawings:
1. CASE Np; 11AISC 08-40
APPLICANT (AND ADDRESS)• MICHAEL AND MARIANNE
TOIA, 46-020 Burroweed Lane, Palm Desert, CA 92260
NATURE OF PROJECT/APPROVAL SOUGHT: Final approvai of
golf cart barn structure for its aesthetic blending with the existing
home and surrounding community �'�
� � �� ����
LOCATION: 46-020 Burroweed�ane
,.�. �,`��� 4 .
ZONE: R-2 8000 (4) �`' � �
�� � ���
. �Y? ��$�� � �
_, ��'�'. 'r �,
Mr. Swartz presented current pha^� . Suzanne �nde's side of
wall and asked Mr. Toia to preser�t his � ents.
��� �
Mr. Michael Toia a ��"�' r
, pp��� t, presented��:����u�rent photos and
summarized his struc�ut������ tndicated tt�� he has taken some
action to remedy sot�i�e of th ���' rn �of�'�ie Commission. At the
§ �
previous meeting �there ,�}�°was�� n concern regarding the
undesirable a ` ar���e � he ex � metal flashing on the top of
the front w 4.: b o t h ��� a r `'` e an d t he golf cart barn. He
9 �.�
explaine :.,#h both the � ��'nd the golf cart barn's front walls
�i� were or ` . )y trimmed � F�'� ears ago and the top edges were
������trimm��� de gree terra cott a e t c h e d t i l e s i n o r d e r t o ma tc h
����se alrea ; �sting ,on the pitched portion of his roof. The
't����n detecti �h'"has been replaced with a light fixture that
�.
---. _.__-------- ------
���"� ,� . �� the otfi ,rt �=-��ht fixtures on the home._ � �
dravi� �o�.the�height of the front wall in relation to the common wa
• ed f � a� t be alike but when they began to construct the
wa ey.��r< en e o in orporate a 4 foot by 12 foot beam which
� protruded from the existin g gara g e. T o m a i n t a i n a c o n s i s t e n t
�m c� .� of the golf barn parallel with the existing garage fine, it
�� : '' e��me aesthetically necessa to accommodate the Pxtr heiaht
This was addressed with the field mspector and incorporated prior
to his ' ' . Mr. Toia removed the
- downspout rn the gutter located at t e common wall. The gutter
previously tocated 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:1PlanninglJanine Judy\Word FileSWRC Minutes�20p8�AR090311.doc Page 2 of 14
�
� � � `4� h ��� . . , �.
. . �
. . . ���;.. . � .
x`X
�� .. , a` -'1:."6 M l.S��YL.eir �
�. . 9y''cr �si�.�• s:. a
� �i�`f "`� d� Jr^w.
) � � � ���
^ �faP.Pjp'4di^
µ �t . . � } `� k�t Y ��✓
� � �u�+ ��'" a'4,�����'��vt.. ,,. .k R' »a. .�" �',Fs."
a.
� �„��'�''c�r . a �m.+�d�'' '��i''�' ' ''
E��et,k ��14�§ � �
�f� ,7ti1�"„'sr � � .
�� � � . - P W'
1' " t r- � +",� 'k't„n .
snrg x'
� .,. . .. I�1�... , ,,: .. . ..
� ".
�
� ' S _.
# 1� � � � ��. .
. � �" �`� �� :�_
_ 2c1xT � - � 'NW'- �V.
�v. +`�n�
„��-� az���� �;
� �
�
. . �::c� r . _ i. _ „-t, (a9s::��r��
1 G.�R UF ;06� ilr. l'oia built BeJroom & S�thrunm ontn the back of his Gara�c
in the ��edr o!'"flb", as confirmed b�� Site Plan he submitted to [he CSt�' nt' Palm
Dtsert C:�. 2-1D-U6
YE_�.R O� �U8y ��Ir. Toia is suhroittiog a Site Plan fur Variance io Che iCih� of
Palm Desert 6-20-08 in ��hich, under the Penelh of'Perjun hc is not disclosin� thc
Bathrnom & Bathroum. he built in the .ear of"Ufi" fa- ther�ro.cre buil[ �vith out
Permit or Safen Inspectiun. He is no}a callin, Yhe edd on [a the Garage "Exerciser
Room"
T'hix i< one nf mnn�� e�ample., in ���hich PI�.R.II'Rl , b� �lr. Toia is on �i3ing :
� �t�
„ ��,N�� �f .4 .. '+'� k�:Y L .: . - . . ..
:..^�^�'.:,., ,v�i�.,�� .:-'-- ��^`� �.... �`.�'.�...c `T.-,-y'. .�.�..,....R - .r.-.�;.�...�..._.�i_.�_._._._._f__�..�.��.. . .
_.. _..- �
��. .. �., �� „ � ; ��z i
_ , §� . �°"� �r .F � .
�'R �
�� a t���; � #� t <��` r ; � .'� _ ' �'� E
.:. _.._______.�.---,�.
�
u� ^ ...�„ � r : : � _��._.. �
,�- .�^:.. . u.:�,:�:
_ .,.;�: -:r,..,�.
:—x, _ . c,__ _ _, ,.. ., ..._ ..- ., . �_ . . .. , . �
x� , ,_ . .� . .. .
f � F�.
� -:a .z.<.�ac'���''=.v.-' '�4"��''�"` :s:�.,�.�a.._�:�K .� #� `.:_ .-z;� -_ �F,:�r ._'=-'�.�",:.. ..
� �� ,
�:.. .: „ `�r..:::
�. � � '
'_: . - ...�,-.__-,._.._+.,...-.— '
� �
ai � � "�'l:� � '
� , ��_. �
, :
.: . ,
� ..' �.-
��_ - - ,.
, .. �� p.
, _
r ..-�..-.t-� � ,w ,
, .
A� . � � �S � . Sd�h �
� � ,. __' _���_ �_ ��r w�-.__ ._��.�._'��... . �i.� �� w:
� � .�-:, � , � : �
�: �. � � � �
� ��.�.._.� . r �.____ ;
,�
_ --� � � � � :f
�; � ��: � � -��� � �
�` .�,' ' � " ._-_.�._ �S.a#' '—"_.---=--=:'-'°� �a.f � `j�S� I�i
� �� � �_ e �� �
�.� � € � � �. :: o
� :f g r�, � � � ��,' � C
�, � � -; . : r � �
� �� �� ; a�, r � �' � Q+
5 �•; ��� - T �I
,' s ff: � Y :'� � �
i �� � �.i
� � # �,aJ ; �
`` � �"� � �� � � 5 � y
� � r� � ' � �
� te � � � � � �I � �r• :,
s �� � '�' �,, r� �, �'1 �
� � �j � � . - �, •• � �
y •i
y /u/r�• _ , �_.-4# ;; � /� yiz
; ' i �I� �q 5.; 'S ,� �7• {�
f • � t � � �i f
� r7 l��._`- --_:�._ - -- �
: ___._:�_.--__� .�� �� N O �,;
r O �p `:. E. � C r.� ";`
�r' � , �i�y'
ir. �'q9 �; �, � � � „.� � � ��
�� �' � � :, � � a �' �; � g r�
�
�- # �' ��
� � � �,, � �' , � `-_` � �! � O� �.
�� � =C � �`�+ � � � � O A ��� A d :
�Q �C , J �� _ � � 3 �,• �-- � �n .,�
O > f' < .. � e�
�, �• � ('� N � �j � � ^�^4 r �
, p �q ' ��=:.,`�; ; �r____.. �D �
� �'Q � •� � �' ^^^ �
� '"�.� �'; r - •.� a,,,f � p � �.
a �'�
� � � �± � � � � ,� � � A �
; � � �` .. ` ��, �.""� � � �`� O �' �
� � �� �,� .� � � � � 9 �
rr. % " �..
�
D �� -L . '� � O �
�` � �-_ ,,�, a � �
�� � � � � �° `" �;
� � � � e� � ��
� A _. -.__--�- ___;._-- ._._�� �
, ,�, � - - �� . � �
� � �
►"d � �. �. � ��
� �:i �p t�;
/h� � "` �?
�� �^, N ..
: _-�, �, ,� t
��.y � ��� -� : N t.;
~ r�s � ,`''� � F � �
� �� �� � � � �
�; �, f , . f �
� �, �' � �, y.
j •• �� � Q� ��, �y�
�? � �y'
�''� � r 8
_� :
: � .
; ��. j.-^^ S � ��i
+ " }t'�
- �y +�x� _. .�... a� ` . �T ... JP
� , �. �a
�
�. .. k3
g ` �
±z . . e ' , `,Z'3w . _ '______"..=.s_=-�.'_'�"__. .
.�, .; � s ��N,.. c,z�.: i �'i
f�;� ; �:: � �� —� x.
y - , -.�B . � � ��+ �'S
d 7; ' .?�. c, �t
� � ,� � �,
LS"� F ' �n"� _'�'+...-`�.ar, F �
�: .-
fi: .. , ; .�� �
�{ "� !�. "''�y,� . �' . .,-�. .. .. ._.a_-..___......�-..�r.�_'9..._':.1'yf'
� i , � �., t
�` Y _: -� . .,<.;��
�...-
,. _ .� � s. , ...��.� .. _ -
,� �'.�-_ ,. , �.. r ,..�:
, . , _�.�.:��..�.�.:�._.� _.�.. ,
�....� -
, .:._.� � �'
_°�—_�'----=+��`� sr=��-=-�`._;;_.--— - �� =�'"�
, �
- 5 t� �'l./�� � �
� �s�.-c--�-s� ° . .� �
�
J
"�'' !:CN W OcJ� C rr7•t-"Q2 L�NE I �Q �
, i
� ' . C1� �
�� ��� ��
�
t ��o� ����
_�,... ��
� . Y�
I �2� - j ���� �J�i ��
'�'�'�:s►•� • --
� � (3�s�fi.�,q�t� , .
�'L�4i�!? �
_ � ,. � 3,r: �► A , .,.
° eo! ".� . -x�+.r:�: , �,� �.�._
' �: ___ -- .f.'�l++Q�+ �,�xt+�iy �
i � " : �,�"s<<- a.acu ��..�E �
...- -� s.�.- ..�!'_ - '�� �y- -/5'
_ � �F I�. , ---. .- _ ' --,
�1 j � � _ ' _ � .
,� -- � � ,C/1
� � � ; j ._._. A
�kk � .� �- , ��--' f � i m
4 � � ���`( �^ D'; t-',, � _ ►' °
.� a� r� �� � � ' � � �
a/ � � � J 4'' -.:`J � �2. T`� S?�- /�,-- + � � C
i �S!71%O�F�'_F,7 Gc.S�RT 1 Q+
�-' .�, � ' j I � ,,` ����,.,�-��� N a
J � r? ' � � � � C^','.SS:;?�fiY C�'r�LflF�3_ti i ' O r•
� � t .�'�s �--- —__ — 1��:`•'�:�D'Y: ��' �
I�M 0 �� �- `� {C"i 4 ;'=�.C.^LS.\��G:..T t='*�^ } C� �
� O i I ^� �_''.��..::5�O�_�t,.?C.nC'.;Du F.v: i � �
r � � Gi��(�f7 �
� r # f r.,2� , � ��v C7��7� i-'�-o - � "� O
i t' � � ^
� /�/�p .. ^'^rr""�rt-t �•�•••R�-n� ; � l 1
� C`I_ i c;:. .. � � � . . �.nr. .. .,-'y�L�_ � A -��.}•�
�� P� /: � �p `C
Q• � � �j ��c,�t��r•Y,',c. �` � ' Qr O
� � c Pa :L��` 6��"` � ; j � ►'h
-o�E � i i
C � yti-:. �-�,�;��..�.�"�� j � Q ti1
O : ' '' ���„�`P N ;�-� t _. � ee "'
�� � � � � �
� :�.
� at � �f �, , *� .�`,.�-� ro
w
•. � ��� ' ='� � `` /\� . � d
Q' � ,`� r -..�� � � � a �
C. .� �. .. " � -s�/ d �
,�-j f' i
P~y, .r ^u ':✓' �`�^ .�t-�- t�/1
� r �� .�'S) A N
� �. - i _. � �
I j �oo �. m �
� :� ��r N �„�.�
�. �o ..
"�' � �Cd
O ' - - `--� '
C `'> ,' ��_�._.�,.�.�'_5�_,,,� � �
,.�. s�t' ___ _�� . .,
'"b H
�
�t �.
� --
�.
� .
0
�
-----:b.�
/� �� _' �
��� -�� i� � �'.
f! ~ �w,y.�k�
_. ._. ... �y�� � ,'� 1 ..Jr� 1'. '�i r"��
; S � � i
;}. � ...' ��� 1 � � . Lf
; �<<t � 1� '�'�i�?�i1 � :�'l ��,�f
i i'�l ; .��^��,, ,_ .i ..
�/ �„�� -�� 1 �y
` ���� W ��� .�'��y� _ a.-.� �y7� �L ' � � J'�
!'D � �l.�-!.�' r� r#� 3 L �� ae � Np C
5' X ; + •{l�
�
�"'� � ? > � cL X C� "'�
h�l O �
� y
C{ � '� �' �� _-. � �:y � � �3, � C �"d
� i ✓s �. ?c
ti �
v' � ; � ;� � Z� � ! � �— '�t A�
� � � � i�1 �# ,� �' t.�. � � y� � '��1 0
, " W ^� VI
`�S. � � _: � ' :� � � ��, � Q"
y !`"i S
t� � a
�
o a, � ,� : �; - �� r �
„� ,--{ � � ` :� � � �4 — s� �
O ` x, �. ; + 4'- � a� : �� C'' � o �p
, O - #� �+ �—�� �" �? 1 " i ',� x� ° D tD p„
� �..� � -.; ,� ;,- ;' � t� ar� '�' �`> � ; �
� � � �,C3' � '^- `� ` ��, ,�-•�` �+-.� '� �a i O
t �� �� ��� NR t � � �
c � ° ,�� � ��:� s� � ;,� ` ` 3 �
C � � �� � ;s � �� � �''-� x ' �
�"" - � �--� �Z i� d
� � � � 3_ � ' � 4 ��•� r� `, ` � L�A �
O `��----- •; � m
� ..�1 .�.r `; .. .�
�•. , �� s��. n 3
� � ��,5' � '; r� ?' C
r�i. � �: �:?4=,4 f� �� N �
? m -��- ;{^. r �' �t � , ,: �°� � �
O � �= '� �'� -��'` �� p
� �,�,f � � a; ''� Z'+� �` � t,d
� �� � � � �` � � , M.+
"'1 C 7` ^; ' :I, �#v'�!'� � �
`�' ' �� '� ,J�'' n; '�` C�
^
I * ; ;� � ; bd
O ' v °?c ' `�'
�
� ;+X .. � ,� � �
� � �
� L � y
� }i
i � O
...
� `��1t RG �
. � _ `' 4�iX L y ••
� - �
�� ,� � ��
� ,
^ v� � �
�� PT,
� � � T �
� �
^ � �� �
� -�-. X;�, -,;
� lr _
v�, �.
� � �
i'�-�
w:
�
�����a� �.����� ��s��x
.�'��y����� :���li��ti�r�
�'��J3'��������������l��i��'��.i�`��;��f������!'�'�
i`�:����1r����
�i�1���;,a1������k�f� �
�t��:i'�,"�':�°�' �l�r�l��3�� �
i�d 3':r ��{�r��S���a�C�i� i
; �'� �� �� b�ing�uly sw�irn
.; �w�j,
d�pos��n�cieclare tca�e b�st t�f i�nflv�ietig�t��i t�`��
(rnyloux�
;rr�����g is firue a�c�co�rec�un�ier ihe�er��ity od pe�jury:
��������i: �� ������ 1�.�� �
��j-� �S�'P�T�)
�7AT�: � ��.� �% �/
��l(Jt�3 ����'j �'�AR)
��'�'Ll��i�;�'9 �W�I�R���1�I�R t�V11�1ER'�.AUT�i+�RlZ������7�': �
�1� � �BT���
��rin��lame) ��'\
�
`'� 9 I� �
{Sigr�ature,��
���� ������
(�1laiiing Address)
�� �J`�GS�-7,� b � ��
(�ity, State and Z��)
���� ��� �� �
(Area�od�}7elephone Number
C1l�'`f ��= F�t��lV� ��5���� ��r��Tfv�ENT OF B�3sLD{!VG & SAFETY
;'s-�"�� r=;���.'.�'ari�g t, :�r�. �-�1�� �es2rt, :�ef, :�^ia �226f� (76C} 776-642b F(JRM �% ` -y
z..
:iCENSEu��,NT�.:�.�e?'s GEGUdLiTWV� t�ei�•-- ' �,�z ,� ,c
.e�fi .=�.i:�'�:.r�..::n.::ii i."��Y�i'i»"^'2e',..:y+:., YI�i+KGA$����GdiRQ��:t?!2'x'v rat'..'��.�i„��Yx"Y*J�u'E'-`a:N�'m As!r.�C�G 68C3r'+G',i-
. .._.._ ...,_.....ati4^:ii��as_:.:_�..z , .v..i .�,�m�.r,:fS.�i�w11�'�c;'�Y 1;42i9�Y'4&'�2ixt!'a:aes�+�.'3.'I5�"���^.i�12M!¢8�'3G#'st5`�..a�Oq.3i •�D..,tG4�v����_ �5.2�'�:+�
� �t1kC �1�'Y�C1IY11��diSOr3t:'h"ai�.�
' i II�rE�it$C�',.di iFJi'F�+75'�Po�KEi7F!1�URiICE.26�LY�iChG".�.�`.A��'�1'.:3���{Y3,iOr:So L'.:R""2'�",2�;�^i k,^���
— i�wlidi���i#��:�ivrw�s'��eea���oae;f..^��'s3s�sed:
= '- at"' Gra.. r��,,� .t
�'k�iL��K -�.Attir J�i: ..'.��2 .t. t:f 'Y�� -�: J 1�i�',�S'' t++0.15��I���Qi��/����Y��?��i�i'�x'�Ql��.
-�c-.--�-;-5 � �` ,, "'¢:,�'a.rin a�?��x.se�w 6s;�,e b�.a4 I • Cai n�he " ,.,ance d�e nxK iwM�c+is _
Cai�' � TPi�f148 fiSUdd,I Sld'e(IG9 . 2iy t:.21tj Rb� 5J as��^��..�e
� r �..:-:a n.w �i�r N l ��.-y r� e : c^fi �-xt a�;,iz:�aG dtinors!!.ar;��r% �" ��d�Y�OrMe�S Gmpas�on[aws�G:�,Tza�,,�?t bgt a i s��-�a�ew rr.�.�:. yerrsr,cs^rs>^
a�_ _W..:._. �s�sr��.,�:�t:z,, ..� .sv?�<x�t _..b?a6ce�s�dp�ardbsie;ra�sior�d :fa�r.7'06�+5�ta6aCa0eisl�ahx�w,�a��*�cs���ns
�-�` d-Y . r.��,x^� :• �„sx� a<.-ss d rtG»as;:xs Cadej a m4l�a�sl�is
. _ �e`'3� >.T9:c�+ ._ .= Y...,wsr.'tl z jcLMn ...,a J�`LRf�i...a yc..;±Ai�ttS�le 3QpdGfa YJ 8 CiY9 •`��t' ` e '�+�1'R6GI°5 J�'s&gE:
.�.��_��., .�...wY.Ni.�..��.-.)3•�-. �Hl`*I�t,ry.F1�1J:.V�G 1V Jew1L rtVme^.J t'4Te��YUiUt<<+V*ine4aG�3 4�1V���4��lU i+V1LL 1'J."aN.l.f�7!�J. ,i'.}`��.,���
� .r �,^�n •a-w�s :,s x s��.. s�.,�'v,�:x.��r W.?iz,��u'��ea�ati�'.r ?Eh�il.;�S AFiC Ci'Vit fiF��7 T'�OtlE MfhidMED T}+G1�AND QC;J.ARS 3tOG:57Gi.�i A�'`:T�f TO TtlE b5t t�CO��i:.,�.'�.
�c�.. ;r-t '-�.. H �a> s:'�� ^1�C^__a�:;sxx'_x tY,�s�^i zp�'::�i .F�:�!p.'�p�',y wttiC lx�5 L5 a�o�s �P�F` �S",.8 G�i�L (h tc!'£ST Ati�ATTDA_Ht'!"S f�
. .�a-r_�'k:_. �.�^�r e�sra.-^�;�yr �_.-j:a�r�+r�saw�:ien:ro:�t 3.,�-�i^^,ra�rn�s_e:��±x�a aEk�i�r sx�.�, CI?h��t'iEN.,"Y�I�t.y a��m;mdEr n�iv d oera:tY��ere is a mrtar�xs�n9�er'�'t�:"�;�w�e^�a3t::^.:�^
--=',..,_.�,,.�<,_:,:.�_ �yra:��'�..,,_�_���a�.�rtia;� .�:�.ai?asre�rc;lru�o� z:w"raci�4`�pemiC���S�c.3f�i.Gr.C�.
.�- -�.� ..r.�..�:a` :� �r_�_�, .�W�:' .. ,.��;;ze. .,,,.'aA��^,,.,. �:?�S+.F15Ci,iE: :�,'�i+�^�:
: �c � '+.•+3rHr � �Lsl' '+':.,�*t tY"_+`��...�'s 9.'." v£5�r�'3"t..�'s tK'r{Cr.J�'S CP�:a'Cf?..''6 AS3:a .
,_... :.an: ...�.....�r �.c�_e.��L.'M�. `�>f�:'ESi:
iyyra"""``�''v,�i��tla�a�t+an'S�r.�T.�a�c�§onac.Frati.lagreebxm�iy.�m.�ryracazrf^^svn� �•�ta>a
. -.' __ ._ ..�.�.._.... �z>r" �b� 'C�115.'.�L'd��'id�EfBDy 2.�".'"7U�2:FE��'E,4�`n'Y6 t,�$f Etk??i�rTic'abOYfiih�tllGi1���Td P�Btf"ii(:�''rGid.0
�y} �t,� �''`�\ t � ��,
�i E i-..3�;�� � � �' p�
�r` "` - -- ��r b��_�:z��:�„-. _
,�-�' ='=_F==,-;.-.;-; , Paa: o
�_���;�:, �Us�zRCn��ED LN �. �S BU T nEXERGI 08-t70045�33 `t��25J08
___=�='*�:"-" : ?-`,�� n�.SIDEIvTIA� ;CONTRACTOR) ,�'E���'�00-023 `=•T�`'`="°
�� �-�.._
_.. -- _� �_. MICHAEL ������
..�_-__=-_+�9L:` �L�i����WEEii L�i '�3£362-00-�O�b2 �L':•�
=�_'��: ��v�R'� �-��= ul� �22�� ` Y�-(760)341-4412 j PERMiT SUMMARY
h--_`�`'�-Yf��E:� *BUILDTNG PERMIT 237 . 10
_.�..:�::_-
*ELECTRICAL PERM . GC�
c .
-✓-���� { *MECHANICAL PERM . a;�G
__ --- - T���__ :,,��.�
- - I *PLUM�IN� PERMIT . �G
� -_ _��� __ .__�-:.,�:�...�
��i�i�=�.� ;�?THE.rt FEES 7 4 . .7 5
_--_ - - ___ -���,.. ---
�, .;ii � -��.m f ;+`v�-, -
`
� -- SPECIAL I�OTES AND C ENTS --
Gara�e conversion (ex�rc�se roomJ}�ath�
-�ruc.� wT t-haut �ertn�.t .& requ�red
insp��i"c�n�"�FielcT �n�$�ons may
; re�ulre destructive sampling, to verify
as-buiit , car�diti�ns Meet minunum 2{�fl7
�d�iforn�a M*:del CodeS in effect.
''� � �`
� ��; .
.-�-_, ` �,`
, �
^�--�^-'---^.. r y �� � / � ,m�"n-��
. S � . �••�� �W
` i �p
,� _� �,,����'� .:`� ��' ,�`:1�,� ��'� Yf
��__,_� •✓ Ditt: $/`t'`J/�8 � �'ftll� i10! ��33
L,,;��'- �etil tender�d i31i.85
- Tcta2 piyirai #`sif.&5
���+
...�
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 Tem
• 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
Klassen, Rachelle
From: Michelson, Wilma
Sent: Thursday, October 02, 2008 10:43 AM
To: Klassen, Rachelle
Subject: FW: Agenda item: Toia 10/9/2008
Attachments: agenda item.doc
Per our previous discussion I have been giving these to Planning but since today was Staff meeting am forwarding to
you. Is that correct? If not, let me know.
Thanks,
From: shawn and karen tatum [mailto:miramarcali@yahoo.com]
Sent: Wednesday, October O1, 2008 8:12 PM
To: CityhallMail
Cc: mjtoia@earthlink.net; miramarcali@yahoo.com
Subject: Agenda item: Toia 10/9/2008
Ms. Wilma Michelson,
Please ensure the Mayor and city council members receive the enclosed attachtnent.
Sincerely,
Shawn and Karen Tatum
46250 Burroweed Lane
Palm Desert, Ca. 92260
1
.
� � � � �
� �
e . , �
i �� � -
w
�` � . .,
� �� �
�
� ��
� � �
�
� ' ! �V
� � '
� , � � �.
1 � �. ._,
• � ��
� � C,,y- �'-[.
� - �'t ��`:
'� C=7��o.
— ` } ��
� � � ���
� � r7t
� � 3'C ��'3�'�
��C'�
_ a� " C'�-�rt
� � ��
� �
� � � -
t.-°
. . -� �.�;�.„�.. ..�_
.,_. ��..... _._...
� - --�, ...
_ .
g�l�"� . � .� . *"r��?4��1..�-�i�; ��. . �"'"'����� �. .
� �� � �"' ��*'" �-�.:s. �'"�� :,.^�� .;� <�"'"�'�+�,,,,,�,,,,�,,�,,
..:.. �: ,�.,�„
.,• »�,,..,. .,
.. .."�,w,w..�.-��`��
t
I
�a� �
- , ��,� � '
�` � ` �� :
io ��
��� � o
{ �
� .. I}���; j��--if �titi�l�i t �}�1i1 �1}Jd�f�{F���tl�flt .
��
Michelson, Wilma
From: Pdxmatza@aol.com
Sent: Monday, September 22, 2008 2:19 PM
To: CityhallMail
Cc: mnmtoia@earthlink.net
Subject: In regards to 10-9-8 Agenda for City Council -Toia cart-barn
To: Jean Benson - Mayor
Robert Spiegel-Mayor Pro Tem
Richard Kelly -Council Member
Cindy Finerty-Council Member
Jim Ferguson -Council Member
Email to: Wilma Michelson, Secretary for the City Council - citvhall(a�ci.palm-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 9`h, 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.
1
Michelson, Wilma
From: vanoordt@comcast.net
Sent: Monday, September 29, 2008 8:00 PM
To: CityhallMail
Cc: Wilma Michelson-Council Secretary
Subject: 10/9/08 Agenda item for Michael and MarianneToia (Golf Cart Barn)
City Council Members: Jean Benson, Robert Spiegel, Richard Kelly, Cindy Finerty, 7im
Ferguson
We are 7ack 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 f requently 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,
]ack and Camille Oordt
73611 "C" Golf Course Lane
Palm Desert, Ca.
760-340-6031
1
The Dammeyer's
46-130 Burroweed Lane
Palm Desert, California 92260
(760)568-0175
September 27tb,2008
Councilman Jim Fergsuon
City of Palm Desert � �=°
?3-510 Fred V�aring Drive <-� �`�
Palm Desert,CA 92260-2578 � 3���
Via lIS Postal Service � �rn��;
� -�
Case No.VAR 0&261 � �`"' �
r�a
Re: 46-020 Burroweed Lane �" C.���
w n��.,
Good Morning Mr.Ferguson, '� r"
This letter is being written in sunaort of a request for approval of a variance to construct a golf cart shed
located within the setback at 46-020 Burroweed Lane. This issue is on the Cfty Council's agenda for October
9`�,2008. I am nearby neigh6or 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 its 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 (and probably at least a decade more),there was a golf cart shed eaactty where the proposed
variance relates to—but at that time,it was simply an aluminum tean-to like"structure",with a rotted-
wooden gate,both of which were obvious and nnsightly from the road—it quite frankty looked terrible. The
golf cart shed that the Toia's are requesting the variance for,not onty 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
Onr biock of Burroweed I.ane is a bit anusual. It is comprised of a mia 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 homes visible frnm the road. Eighteen of them are"attached",thus have shared lot-lines—the
other eleven are stand-alone,detached homes. This translates into more than 60°/a of the neighborhood
already h�ving less than the standard setback—simply from number of"attached"homes.
This particnlar setback variance request,in my opinion,will not adversely effect the neat-door neighbor(as
the Toia's golf cart shed is certainly much nicer than what was there when that neighbor purchased their
home); or detract from t�e neigh6arhoad,or it's valne—but rather,I believe that this will enhance both the
value and the appearance of the neighborhood. If you have�ny questiona,please feel free to contact me.
Respectfully,
Daran G.Da yer
Michelson, Wilma
From: Innkeeper Heritage House[patty@tompkinspage.com]
Sent: Sunday, September 28, 2008 5:27 PM
To: CityhallMail
Subject: Fw: Michael and Marianne Toia
-----Original Message-----
From: Innkeeper Heritape House
To: citvhallCcr�ci.palm-desertca.us
Sent: Sunday, September 28, 2008 4:15 PM
Subject: Michael and Marianne Toia
TO: Jean Benson Mayor
Robert Spiegal Mayor Pro Tem
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...l 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)
1
Michelson, Wilma
From: Gregory Andonian [gsandonian@earthlink.net]
Sent: Sunday, September 28, 2008 8:02 PM
To: CityhallMail
Cc: mnmtoia@earthlink.net
Subject: Wilma Michelson - 10/9/2008 agenda item Toia golf cart barn
Dear City council members: Jean Benson, Robert Spiegel, Richard Kelly, Cindy Finerty, 7im
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
1
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
Michelson, Wilma
From: Conrad [ckauble@dc.rr.com]
Sent: Monday, September 29, 2008 10:20 AM
To: CityhallMail
Cc: mnmtoia@earthlink.net
Subject: Fw: Wilma Michelson—Council Secretary In regards to 10/9/2008 agenda item for Michael
and Marianne Toia (golf cart barn).
Attachments: 46-120 &46-140.jpg; 46-020 &46-040.jpg; 46-040&46-060.jpg; 46-080 &46-100.jpg
To Honorable Mayor and City Council Members, Palm Desert California
Jean Benson — Mayor
Robert Spiegel — Mayor Pro Tem
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 finro properties.
Conrad Kauble
46080 Burroweed Ln
Palm Desert, Ca
760-568-5642
2
Michelson, Wilma
From: yatesb@aol.com
Sent: Tuesday, September 30, 2008 10:39 PM
To: CityhallMail
Cc: mjtoia@earthlink.net
Subject: Toia Cart Shed Variance Request Case No. Var08-261
William and Barbara Yates October 1, 2008 Trustees of the Yates Family Trust dtd 1Dec05 46060
Burroweed Lane Palm Desert, CA 92260
Mayor and City Council
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, Ca. 92260
Jean Benson - Mayor
Robert Spiegel - Mayor Pro Tem
Richard Kelly - Councilmember
Cindy Finerty - Councilmember
7im Ferguson - Councilmember
Cc: Wilma Michelson - 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 Toia's golf cart shed. The
Toia's 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 1Dec05
1
.
��.d,-�-�-J— ...,J !.5-Q�
,�'��.�..�,���`v- �'l�` , ,,����;�,�..�
`�-� .�,�,�, ��� ��' �' ��, _
,� �,�,�,�w�., �- 3�'` , _
�� "e�� �.�...�.� ��- � ���
y�� �'�� `
��
� p..rv� G� + �. ` ��---M,.�-,��i..a..�� � ,
�rL�� y �/ �;z, /'������
c�c--c.c..c�- %'/l�f ''��'�� � C?..�rrc1
- �1 �.c.�...+cr�-�t�-.�'z..6� al 't�.��.
/�.2,t1.e..++�� •
�:�.� `�� ' .�`�°�'�
� �
�, � ��- ���, �,�,�,,�,�,'
��.r,,�- �-�� , � ��.. �,�,,;�,
�, �, C,� ,�
�� � . ��``�`� �, � �
4y ., .� ��.I� !_ •i t1t-.-��' �'K-�
"/.t'_ �!'� t�,,
�,-~rcf J��' -t�1 _ ��,t,�„ �7r� t
7� ��� ,��r"�.^"' �"�--�''"/� N'l.tt.' . �j,
l�`�.,1�i��� ^ l
� � _r�j �J ,�,�j ,f� .��Jt-�'`''"((���'��a2.�
t�����F'-' �ift�^�-ec�+� �1t.�"�jf '/f� �p
t/ � v � } Cs)�^�"
�,.c..� _ �.1�,l�'r. .s
���� � `
�- �' (�`���� ,
�- �'.t:�. : + ��,;,p �,,,�,,
' � �',�,vz.� 7�
� ��'`�. r p,�,�r,�,+,� �r��
�L¢ � ��U�-
.�,�- ��`�"� ���'
,
"� �,�X.f N'i"''�i ')�J'z.�'� ,
� ��,�.� t�.�%`�'�-�"''
� t
�
�����, titi���� �
__ : _. ___
_ _ .. �a�,�,, �,�,,�=., �.� �����.
Dear Mayor and City Council,
I am responding to the up-coming October 9�'council meeting regarding the agenda item
for Michael and Marianne Toia(golf cart barn.)
T'his 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,
� '
ary N. rill
�
Wilma F. Grill
46-375 Ryway Place# 7
Palm Desert, CA 92260
503-780-0944
;��
�' � ��:;
-��,-W
�;, r�.
_�
�''7 r-- "'�
CC: :� ��a�.'.
Jean Benson-Mayor �v ,.����
�,�;.,.
Robert Spiegel- Mayor Pro Tem � ��:...'
Richard Kelly- Council Member ,,��,
;�- -�'�c•.:,�.,�
Cindy Finerty- Council Member � e, -�}
Jim Ferguson- Council Member �v �,=
Wilma Michelson- Council Secretary "�
Michael and Marianne Toia-Homeowners
David H. Clark
.� r: :.
September 18, 2008 M� ���
c� _�`-�.
r,, �,.;;�_
�-,� �... ;:,
Mayor and City Council ��`', `���'�.,;„
r�e�a
t.n�rc;m..
CITY OF PALM DESERT r� -.���
73510 Fred Waring Drive � �'��
_ �;
Palm Desert, CA 92260 f"' �.�
w �►t,
ry ,-�„
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,
6!:
vid H. Clark
CC: Wilma Michelson—Council Secretary
432 Aliso Avenue,Newport Beach,California 92663 Ph(949)515-4000 Fax(949)515-4080
Michelson, Wilma
From: Pdxmatza@aol.com
Sent: Sunday, September 14, 2008 8:51 PM
To: CiryhallMail
Subject: To all City Council Members
To: Jean Benson - Mayor
Robert Spiegel - Mayor Pro Tem
Richard Kelly -Council Member
Cindy Finerty-Council Member �� - �
Jim Ferguson -Council Member ���;��p �T���
[r ��
From: ��:� a � ?��
Richard and Judith Matza
46-415 Burroweed Ln. '�Mti.L,�,;
and alm Desert, CA 92260 �I`J��°AL,��ES�R�-��rTMENT
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 finro 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 befinreen 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
1
Michelson, Wilma
From: Don Melvin [dmelvin@dc.rr.com]
Sent: Sunday, September 14, 2008 5:31 PM
To: CityhallMail
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
i
Michelson, Wilma
From: DLP57CHEV@aol.com
Sent: Wednesday, September 10, 2008 4:27 PM
To: CityhallMail
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 Tem
Richard Kelly-Councilmember
Cindy Finerty- """
Jim Ferguson- """
Wilma Michelson-Council Secretary
Psssst...Have you heard the news?There's a new fashion bloq, plus the latest fall trends and hair styles at StvleList com.
i
�.. ___. ___
��,�',,►r�,�.u„� ���'a�
� , rl"
4 �
P
c� a-�v..' CFc,�.'-,-s�-"�- ��---v�-� —'��'-l� `'(� `��' .
.. � , �
C j. ,�,� C�.�-re.1 �, ,��y
�--��-c� ��1ri',3� �<c.
�/7
i����� ��
� ��.-xc..'�-c.i'�`-X-�'�' dt c�'K-e�.
�� g�..�
�
,�,1 � �i�' ;,�,�„i,d,,' `�`}�t'�t"�-`�.� �` �� !/
� 11 j
��-(`/� !a�"'�!(sa..�C� '�L�i'�' �" V`"`-�`�•'" �'iG-Q=��E�'l� L1-��`�'�""''
1(...fff---�}q, �g p }'y� ., ��e/*� -'Yl-,Z,'�W !CiF-�f I�N-_•_ �t
. .{,/��^-''4C.../ �.Xl.-% �`{'> �'7/�+--�-� 1./ �T
/J��I�,,, ��� ��� � �yfl /J � "`� ��
4�.i :+Jiv L.�.JE.� I<.�C,-T.�. ��`l."V �,h.Cs :�-'�'''{�("l�'-
f �e-� � L�..�,L �� �-'iIYL'�.. 'l� �
!�.-/�- t���"/' ,�•L' � a
�� . _.y � � .t,c.��-- '
���. ,:�-�-.��-� -��- � � � -�-�-�-�-�=� �7
� f �
L{�-k'_-t,�i --.. _�...�i..c-a[..� •2��c�c tl `�a'`.c.t�""'"'
=�i�'�-� (l
�.2�. CX-�a2...• l��<•-c�'� r
����`� ��` , ��� , -y� ' ° >>�Z„t,r. �--y��
'�.�` .-�-�-�-� ���
J �...�'' -��'l�,.c-G'c"' ! �.t._
• ' L�--�-��' u�G-�+`.i,�.�'
,�,�,� ��--'� '�"�' %3�.��e�.� �-' �
� v ,
��� / ,,f� . �
�..�-�-' �'cf"rc�n-'z.��.t �'"�,c,u�z.c��� .
�� �-t.. l���di
�
��3iC' �'�t,�`'.,�.�c���'� `�
f����, �s�.�.�=, �� y�z 2��
� �
;; �1�-a
s� r�'..^K
� ����
r-��rt
tiO m��
cn�„_„
�
a ���
-�C�g"3
�7 �
� D�
m
._.... . �. _."____._. _......
, � �.� -v�-
�
� o--►.�r c . ��-v�.���../u,,l�/ � `7'�.
a--�t..u� � 4��- ..� Ca�-ry � �rn�
%'/l�r
��� �, .,�.� �'a.�x�,
� %(�ft-ca/ `��'�-�''� ''��/���d`�
� t
�-��`7/Y" /•�-�- � GZ.��' `�j���R..tiv�— ,•Q.,�¢-�'�.QeQ. Ll/�-'f1..t�av
'�;�E.c,,� �.�„e,., �.,� yyc.�� P .,� �-q-�' tc��w�.'r
..� ���
� �'�-� �.�.� ,�.�...,,��,.�.A. � �..,
, ,C,(.c.-t� � :�-�t.� ,a�u-c�. -�-a-�.�o ,
�L.����� C� ,
C��%�Qi �1� �,�1 �� .���`,."'..������
(/ �
�,c,.e, — ,�/�,�,,,�,,,J . �-�e_..-
G��
-�;��� -
���.`� a.�. a'�`�.-�- �
,L� f � j = >
� ,.-lc.,e-Gc.Q-G�C� �!�GC-f/ti �C����-�✓��C'a'° �N.)
.Z� W-�c ' ��o-t,�.�
-�� ` �
� �-�.�, .�.�
.�- �=-� .
�� ��. ��
�Y
�l�.��o ��r �°,
__ ___ __ �'a� v�-a,�.,.,�, �� p�2�d c�
a� r-;,
b ���
� G� '�'-";
r—
� ���7'i
r'- ,
c:�r�'�C„`.
'�p m x�t`�'�
cn�r;.�
S� � �'�-
� ���
-���
o ��
cn �.n
N �
a
£
r� ' �A.,'�,��L;�S FOREVER �
� �
� 9
�'
� I'
�
�
; �
. ���� ��p o'� 3� .
i '� `S.
� s , rx .,� . .
� �� `�
� } �' ;
6 '����� y�
} � � .
4. �
� � � � ..�.. � ..
_ �a$��y �Y �a��A
� :�yn"�� , w� . \ �,R ...
�'t - �.�
� ':k;h� �- F;�:
� .A � ,
c� � °�;
� �1
� � �,
� '�: � �=
� ::�: � � .�
�,r� .t� w.:�
'� �
.,„;
� � �
. �
. ��
r�
�
� :
� ;
�,,
�,�
�� ,
. �
�a°�' �
� �
Mayor Jean Benson,
And members of city of Palm Desert Sept. 15, 2008
73 510 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.....THArTI�YOU...
Ve ly o ,
�
urrell T. Miller � �::
73-495 Ironwood St. � :�.�
Palm Desert, Ca. 92260 � ��=F�`°;
r-w��;
CC `� ����
Robert Spiegel-Mayor Pro Tem � �;��'9
�
Richard Kelly- Councilmember v ���
Cindy Finerty- Councilmember c_n ;�
Jim Ferguson- Counctlmember �'
.��.�..�. �_...
9 f�-Zaa�
,
�� �;�2 � � ' ��.�.�
�ttut� � ,C9�
,
3.�"ro �� � ,C�.�uti-�
a2�
2�.,�.����.� �?�� C'�, �.3�,n, a�
�l(�`0�o ��r,�,a,w-e�.GC.. ��- a-a�--P�-2
�-.z�- �a-- �-�' �'�.�-� ��.
�
�. �.���-.��,����'�.�--.�
,
���� � �� �
�a'���
�
�������
�-�� -Z z � ��-�`o-�� +��
���,�,,,�.. ,f�L�e.�t, C�.� � 9Z 2� r�
-�� 7�6-.�y�-�3 y�
►� _
�� �
�
�.." o
�r.�,� �
:A►`-n w `x
—:ac v�
i.a�cY ss� �
i:.7 ila�j �"
��;�� W
� �
�"-,�:
�
'"'Ci" �
+."7 Cti
OCT-2-2008 10:36A FROM:BRADLEY MEDICAL PROD C949)644-0070 T0:17603414412 P.1�2
. I
�
, j
i
�C � t�.�,.�,�,c�.p ��K..����
D . Ya� � .
�Q.sa;,(�.,�- (�c�D�..o�_�y�1+'�
� , � G���1 , �
� � �.� �'.�,a..�v, , ���
���
� t �
�
;
� � �
(?� . ��- V Q� o g -��� 1 �� :�d
� • � �:::
� : c�� �oQ o� o � t
e� =� .�;��;a
r ���
N ��^c,�_
�,����;
� � �cf;'�n:`
� -��,�"t
� ^ .. .,,��
;,.�.� �,� �d�1 G2 Z/�L' v�i �'"'7.�
� � � 4
� .+
. � �r����°`� ���`�
�-'g Y�d`�c� .
-�--�,+.�-r �-�"" b°� ur`�``� `� .
� � ���.�.�'-�-e�'I-�..c�e. c-�- -�'k-e_
�i►�- ��' �"'"'`�`-�� - .
, ��- �,-a' I'`'`.-�.� d�..e' ,
' � �,a..�,�.� ��-�-�- � �'�
� � �
. . ...�-�..Q n.�.�c. I�.�
� 7�/ � �`
� � � ` � =� �
�� 1 �
�. b��_ � c�-�
.��.�-,r
(�- v"�-`�-� � .
�° �_ �
�j� a r�-�.�_ ,,..Q r '
�� � �
�- � � �,�.- ,
. � _.�..��.�,r,,�
� �h.�� U" � c_e�
. r�ra�d Le�-e �`.'� �-�'`
I ► re a�--� +�6 a7s P� / �._,_-,�..
� � �Q �
� YY1 D V 1.h--� � �/ . ��� c��.u.-�.�
� � � �
� �.
,R,�,c.r, - v�-� � �
' • �y�. L,�-yl�, V� s-Q a-�7�k4
�� � :
�
OCT-2-2008 10:37A FROM:BRADLEY MEDICAL PROD C949)644-0070 T0:17603414412 P.2�2
i
� � °'�`� �`'"�Q-t�- ��'`"�
� u � �.��
�� � ;
�� ��
�� � � �
,� ��. c�,, -� �vu.�.�..� �.-�e�.
�` , .
� ���. � r
�� � �� ;
�:�--j7, ' k..�-y��e ac�l�v �-/�u�¢� �v
� a�
� � �-�i.,e,_ n.e..c. .���-f 11-�a�-�.�� Q.�- IM-� �
�,�. � .
' L' �vr L C�� C��ch;�vy' Y�-� �f�1 h� '
��� �
r .
�C �-� �..o (�'�' ; w�-c�-� '�� ��
G�It�Y� . � `�''�~�-- � �-- �` � �`'� ��� " •
b ,
�,� �,,� -�'1-.�v` �"�`I�'
c�0- —� � -�-�'-h "
� .
��. --�--a �- `�.�.- .
� � :
�..����. ��
�� b7� � �u����� uv �
(�al�,, ��,�1, �-� �'��6�
J,
�
! � 1
September 30, 2008
To: Jean Benson-Mayor;Robert Spiegel-Mayor Pro Tem; Richard Kelly-Councilmember
Cindy Finerty-Councilmember; Jim Ferguson-Councilmember
Subject: Addition of"Golf Cart Barn"
46-020 Burroweed Lane
From: Franz and Kathleen Tirre
Dear Council Members:
My wife Kathleen and I have lived at the end of Burroweed Lane for 30+y��, �rom
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 Bam"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 e�erior 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 e�cisting neighborhood.
As well as adding the"Golf Cart Barn"'the owners,Michael and Marianne Toia, ha.ve
done an excellent job of painting and improving their home. We have enjoyed watching
the transforrnation 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, � c� �_.s"
�'���tJU1'� � `e��C.l�-�/ � ��Ar;`
Franz Tirre arfd; t en in `~�a�;;•� '
C PV ���..:.
46-333 Burroweed Lane �
...a ,,,. .._..
� .�,cr:``'�.
� - �C�,
"�7�
� �'�
�1 '�`t3
r'►'t
��
. '� +�( } i''
,4' ' `y j
� :.:4� , y L��y�.'. �1 ({q
r�� I��,y{Y� � Of
���i1b � � �I; .
�
N.,. ' �p �� Nr� .
,
: •� � � r
�
; �1 I �
' .: _ t��r1'� . . �(� -:<.-�v"
l"
.. s" i 'f�... .i . �y �'.
S. ���Hy . � _ ti -
a '
�- � � �
1 - W.
}�`
ih!:�
� . --�Ca.,'.,y.
R
�y �,o
� f:
_:I- _
, �K
� _ -_ _ —
� � ,
._
�d4'� � _,
;�` ,,-
"�
�
,'i
e J
. ��si�'�
! �.�d�',!h''1�,I
!1 ,�
f � ,.
�1��� CITY OF PALM DESERT
� �
BUILDING & SAFETY DEPARTMENT
INTEROFFICE MEMORANDUM
To: Kevin Schwartz, Assistant Planner
From: Jason Finley, Building Inspector II
Date: October 3, 2008
Subject: 46-040 Burroweed Lane (Case No. 08-05-006)
Kevin,
I met with Ms. Pride on August 27, 2008 at the Building and Safety front counter while
she obtained a demolition permit for the trellis (08-45479).
Ms. Pride requested to start the demolition of the walls in October. The rear of her
property is the golf course of Shadow Mountain Golf Club fairway. A demolition
contractor would need to access the rear of her property and utilize the course for the
demolition. October was requested since the golf course is closed that month.
Staff is comfortable with this timeframe since the dose not present immediate safety
concerns.
Secondly, Ms. Pride and Mr. Toia are disputing the common property line between each
other's residence. Both have provided survey's to the City's Public Works Department
and the County of Riverside.
Ms. Pride admitted the side and rear walls were extended and intends to bring both into
compliance. Mr. Toia has stated the side yard wall is a common wall and is not to be
altered. Mr. Toia's golf cart barn is attached the common wall.
Both parties are aware that the City does not establish property lines. With that, Ms.
Pride is still scheduled to pull a demolition permit for both walls and proceed with the
work.
Page 1 of 1
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 ToialGolf 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 wark 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
,
�
-;,, .;;::�.;;
<_�,
'.�rJr'� �.: .
� V,,w r.,;..,
E �.1*r,�,
C+J r°',�-a,
�''�°�__.
-� rr; .
� �,3 tt'w A�,�,.�I
«.... ' ,..
� ,w�.
<j->,.j
C�j r�C�
r�y
file://C:\Documents and Settin�s\Owner\Local Settings\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 Tem
Richard Kelly Council
Cindy Finerty Council
Jim Ferguson Council
Re: Toia Cart STarage 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 remodel.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
Find phone numbers fast with the New AOL Yellow Pages!
�,�
-:�,
-� ,...
�._A'! - .._,
�
�� ,
"'..{ -.�:�+
� �.i{.•�
r_� ��..1.w..l�. .
v+V
(J 1.%i.........
�. t"�''r�w"��,
' -'3�,.
{��"�^;
�J y;�.�'.r
W "�•'
;�
file://C:\Documents and Settin�s\Owner\Local Settings\Temn\6DFBE26C-BC89-4D70-85... 10/3/2008
Klassen, Rachelle
From: Michelson, Wilma
Sent: Monday, October 06, 2008 8:31 AM
To: Klassen, Rachelle
Subject: FW: Michael and Marianne Toia's Golf Cart Barn
_
From: mnmtoia@earthlink.net [mailto:mnmtoia@earthlink.net]
Sent: Sunday, October 05, 2008 11:43 PM
To: Michelson, Wilma
Subject: FW: Michael and Marianne Toia's Golf Cart Barn
Hello Wilma,
We received this Sunday evening. Would you please help us to distribute to the city
Councilmembers?
Thank You.....Michael and Marianne Toia
mnmtoia(a�earthlink.net
EarthLink Revolves Around You.
-----Original Message-----
From: Michael Peters
To: Michael Toia
Sent: 10/5/2008 5:44:18 PM
P"�.�
Subject: FW: Michael and Marianne Toia's Golf Cart Barn a -
,=;,
� � �
c"� �,..,,;�
..� �
y �:��..�,.
----Original Message----- � r �_
From: Michael Peters [mailto:mpetersl@dc.rr.com] "" "
Sent: Sunday, October 05, 2008 5:44 PM � "LMr"r`{��
To: 'cityhall@ci.palm-desert.ca.us' � � `�=�"°
Subject: Michael and Marianne Toia's Golf Cart Barn � `"�—"-'
w "� �'
.�,
Dear Mr. Mayor and City Council Members:
My name is Michael Peters and my wife Paula and I live at 46160 Burroweed Lane and our telephone number is
760-568-9097. When we moved to the neighborhood just under 5 years ago there was a ramshackle shed
attached to the Toia?s garage which in all likelihood had a negative impact on the neighborhood. The Toias
replaced that shed with a beautiful addition which not only blends well with their house but also blends well into
the neighborhood. It is hard to understand how anyone can argue that replacing an ugly rundown structure with
a beautiful new one can do anything other than enhance the property values of all the homes in the immediate
area.
My wife and I realize that the new structure is built at the property line but from looking at other homes on our
street it appears that many of the homes have zero lot lines so this structure isn?t an anomaly in the
neighborhood. We believe that they should be granted a variance and ask that you approve this at the October
9'h meeting.
Michael and Paula Peters
1
No virus found in this outgoing message.
Checked by AVG.
Version: 7.5.526/Virus Database: 270.7.5/1708 - Release Date: 10/4/2008 11:35 AM
No virus found in this outgoing message.
Checked by AVG.
Version: 7.5.526/Virus Database: 270.7.5/1708 - Release Date: 10/4/2008 11:35 AM
2
�} a'
i ' �n ..Y—��r�
�'.k�1 ! F� �'�j^ L�
�. . i , ,...��
October 4, 2008 •'�'�"��?��' r ,,,
�� �' , 3. 1 S
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 bv Suzanne to the
Plannin�Department}. When coming to our horne on Burroweed, seeing the juniper
hedge removed from the north wall in the back yard, I said to her, "some thing,is wron�".
When I was told of the pipe, Mr.Tioa had from his swamp cooler coming over the garage
roof a�d over t�e wall draining on to our property, I was outraged. It was clear to me at
that point; Mr. Toia had seriously taken advantage of my mother-in-law,and that was
just the begimiii�g 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 authoritv of the Citv not mv mother-
in-law,the nei�hbor!
In the same letter 1-17-08, Mr. Toia states, "The Citv Field Inspector encoura�ed and
gave him permission to build the non nermitted 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 mv mother-in-law! for the following reasons:
2
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 outra�ed 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 of 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 ta 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 thev
have no legal rights what so ever, as their Privet Propertv 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 renresentin�. 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 Le�al Privet Pronertv Ri�hts? 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".
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
esta.blish 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 disre�ard 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] thru this process a total of[3 ille�al non
permitted structuresl have now been disclosed. T'his 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 Pa1m 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, :�
� '
L.
Marc Giovennella
1 Sequoia Dr.
Aliso Viejo, Ca. 92656
� ,
10-06-08
Re. October 9, 2008 Agenda item-Toia Cartbarn
Setback Variance Request# VAR-08-261
Dear Mayor and Councilmembers,
For some unknown reason the Agenda package for the October 9`�' Council
Meeting only included eighteen of the neighborhood letters in support of
our golf cart barn. The enclosed fifteen letters of support were sent directly
to the city by neighbors, but were not included in said distribution.
We respectfully request that these documents also be considered in support
of our request for a variance.
Sincerely, ������� -��
� .�
��%"����.1����� �
Michael and Marianne Toia
�...a ;'a
--:� -�
�
➢ Jean Benson— Mayor �,,�'`� 7 " :- � _
➢ Robert Spiegel —Mayor Pro Tem � 4 '�� �
..,..� �"��`� ,a��t
➢ Richard Kelly — Councilmember `;�,- ,��
➢ Cindy Finerty— Councilmember ��= ;'�'`� �
,.�. w:�
➢ Jim Ferguson— Councilmember '�' <7-'�;
w v;
cb r�
, , Page 1 of 1
From: Michael Toia
Date: 10/3/2008 8:35:11 PM
Subject: FW: 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: Wiima Michelson, Council Secretary
RE: 10/09/08 AGENDA ITEM MICHAEL_& MARIA_NNE_TOIA�_GOLF CA_R__T 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/ook direct/y at the Toia
residence. The improvements made to the Toia's home since their purchase
have been at the least to say"amazing". They have improved the aesfhetic
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/can say.
�th this said, we believe everyone's desire to make our Palm Desert
neighborhood tidy and appealing is a goal at all 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 tasfefully 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 defermination 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, 1 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,p/ease feel free to call at any time.
Most Sincerely,
Stan 8 Michelle Smith
735261ronwood Street
Palm Desert, CA. 92260
(760)346-4335
file://C:\Documents and Settin�s\Owner\Local Settings\Temp\F27BBBE8-8D75-43C3-BO... 10/3/2008
� 1
From: Bob Hoffman
Ta: Palm Desert City Hall
Date: 14l1/2008 4:43:13 PM
Subject: Oct. 9, 2008 agenda item for Michael and Marianne Toia
To: Palm Desert Mayor Jean Benson
Robert Spiegel - Mayor Pra Tem
Richard Kelly - Councilmember
Cindy Finerty - Councilmember
Jim Ferguson - Councilmember
Copy - Wilma Michelson - Council Secretary
Re: Oct. 9, 200$ 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 wauld Iike to Iend our support to �he
Toia's efforts to settie 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 sinc� 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 sho�v 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 sta.nds out on that street. They have made many
improvements to their landsc�ping that make a v�ry inviting app�arance 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 Hoffinan
7b3b9 �'ia Chianti
Indian Wells, CA 9221 Q
760-345-9978
fi1P•!!( �\T�nrnimPntc anci Settin�cl(lwner\T.ncal �eti-ins�clTem»\FRF�i53F5-1�4n[�-4(i79-917_._ 1 n/112nOR
. �� Page 1 of 1
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 ToialGolf 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 Settin�s\nwner\i,�cal Settin�s\Tem»\F,T.P74�_tmn �ni�i�nnR
Mayor and City Council
City of Pa�n Desert
73510 Fred Waring Drive
Palm Desert, Ca. 92260
RE: Cart Barn Design and ApprovaU 10/9/2008 agenda item for Michael and
Marianne Toia (golf cart barn}.
Subject Property: 4602Q 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:
• T'he cart barn design blends weil with the home and the surrounding
community.
• In March the Architectural R.eview 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 Corr�tnissioners approve the varia.nce 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 buiit.
Please allow the eart 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
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 wei!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 concemed.
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
filP•//�`•1Tln�nmPntc anr� CPttinoc\(lwner\T.ncal �ettinus\Temn\A49C'46F.F,-1F4F,-433E-820___ 9/12/2008
��' � Page 1 of 1
From: patriciacahan@aol.com
To: cityhall@ci.palm-desert.ca.us; mjtoia@earthlink.net; bfipc@msn.com
Date: 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, re£ In regards to 10/9/08 agenda item far 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 Tem
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 N.
file://C:\Documents and Settin�s\Owner\Local Settin�s\Temn\8D8COOA0-6EDF-4208-9F... 10/3/2008
� � Page 1 of 1
From: Michael Toia
Date: 10/3/2008 8:24:32 PM
Subject: FW: In regards to 10/9/2008 agenda item for Michael and Marianne Toia (golf cart
barn)-Whelan
From: Bob and Linda Whalen
__ _
To: cityhall cr ci.palm-desert.ca.us
Cc: mnmtoia a�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 Tem
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
file://C:\Documents and Settin�s\Owner\Local Settin�s\Temn\S1C91097-1960-401D-9E18_.. 10/3/2008
� Page 1 of 1
From: Michael Toia
Date: 10/3/2008 8:37:16 PM
Subject: FW:
-----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 Plannin�_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
951-453-2180
file://C:\Documents and Settings\Owner\Local Settings\Temp\6D1521A6-DDE9-41E5-8C... 10/3/2008
, Page 1 of 1
From: Michael Toia
Date: 10/3/2008 8:31:07 PM
Subject: FW: Toia golf cart barn
----- Original Message -----
From: James Nelson
To: cityhall@ci,palm_-desert.ca.us
Cc: mnmtoia a�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
file://C:\Documents and Settin�s\Owner\Local Settin�s\Temt�\OB04462B-FB07-43CA-AF... 10/3/2008
From: ken furst
To: cityhall@ci.palm-desert,ca.us
Cc: mntntoia�earthlink.net
Date: 9/13/2008 S:S9:44 PM
Subject: 10/09/08 agenda Michael and Marianne Toia(cart barn}
Q9/13/08
To a11 Palm Desert Council Mernbers:
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 regaxds 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 oniy their properry, but also on city property, for which they should be
commended.
Sincerely,
I�enneth and Maggi Furst
46185 Burroweed Ln.
Palm Desert, Ca. 92260
(760) 346-4596
We
fite•//(`.�\T�ncnments and �ettings\nwner\I.ocal Settin�s\Temn\936393BC-SACF-416GB4... 9/13/2008
, Page 1 of 1
From: Michael Toia
Date: 10/3/2008 8:26:31 PM
Subject: Fw: 10/09/2008 adgenda, Toia golf cart barn-Bradsttreet/Caston
----- Original Message -----
From: iudy caston
To: cityhall a�ci.palm-desert.ca.us
Cc: mnm a�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
file://C:\Documents and Settin�s\Owner\Local Settin�s\Temp\D2B774BB-7CE1-4B6E-A... 10/3/2008
. Page 1 of 1
From: Michael Toia
Date: 10/3/2008 8:20:16 PM
Subject: FW: Fwd: cart barn 46020 Burroweed, Lane ,Palm Desert,ca.
From: Edward H. Tunison
To: mnmtoia@earthlink.net
Sent: 9/9/2008 11:55:55 AM
Subject: Fwd: cart barn 46020 Burroweed, Lane ,Palm Desert,ca.
-----Original Message-----
From: shered111 @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 Club
Looking for spoilers and reviews on the new N season? Get AOL's ultimate guide to fall TV.
Looking for spoilers and reviews on the new N season? Get AOL's ultimate guide to_fall N.
file://C:\Documents and Settings\Owner\Local Settings\Temp\0658F171-1284-4110-AA54... 10/3/2008
,�.
Pram: �michael ghidella � � -���
To: Mike Toia; cityhall@ci.palm-desert.ca.us
Date: 9/11/ZQ08 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
file�//C`�\i��ci�ments and Settin�s\Owner�L,ocal Settin�slTemn\F09D3GFB-6f6A-4AE9-A... 9/11/2008
. Page 1 of 1
From: livinlazy@aol.com
To: cityha.Il@cipalmesert.ca.us; mnmtoia@earthlink.net
Date: 1 Q/2/2008 12:31:03 PM
Subject: Mr.&Mrs. Mike Toia Cart Barn
Mayor&City Council,Jean Benson Mayor
Robert SpiegelMayor Pro Tem
Richard Kelly Council
Cindy Finerty Council
Jim Ferguson Council
Re: Toia Ca.rt STorage buiiding at 46020 Burroweed Lane, Pa1m Desert Ca. I wauld 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 remodeLIt 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 ne�door.. Piease 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,Ne11ie Hobson
. P.�. Box 123
Anaconda Mt. ( Si.unmers)
406-563-2997
file://C:\D�cuments and Settin�s\�wner\Loca1 Settin�s\Temp\79DD95CC-26CF-48B6-9A... 10/2/2008
-r'
. _
,
From: Robert
To: cityhall@cipalm-desert.ca.us
Cc: MNMTO{A@EARTHLtNK.NET
Date: 9/30/2Q08 2:46:52 PM
Subject:
TO: ALLCOUNCIL MEMBERS..............JEAN BENSON , RICHARD KELLY , GINDY
FINERTY AND JIM FERGUSON AND ROBERT SPIEGEL...............MY WIFE AND I
LIVED 4N SHADOW MOUNTAIN GOLF COURSE SINCE 1996 ANQ AGROSS
THE FAiRWAY FROM THE TOIAS........WE HAVE BEEN WELL AWARE 4F THE
QUALITY IMPRQVEMENTS THEY HAVE MADE TO THElR PROPERTY........THEY
HAVE ADDED BEAUTY AND VALUE TO THE NEIGHHOOD..........WE ARE IN
FULL SUPPORT OF THE TQIAS IN THEIR DlSPUTE WITH THE ADJOINING
• PROPERTY.................THANK YOU FOR YOUR CONSIDERATION..............WE ARE
ROBERT AND SYNOVE WILCOX AND N4W LiVE AT 12927 CAMINITO
BODEGA , DEL MAR CA. 92014..............PHONE.......858_755 2720
fitP•//t`•�Tl��»mPrit� anrt CPttinuc\C�wner\l.ncat �etting.c,\Temn14CC39A17-306B-4CBE-9Q... 9/30/2008
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 ille al
structures!!
We must not encourage or reward this arrogant display of a neigh6or 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 ^:� -�K�:..:
�
4 Via Dulcinea �� �'. �
Palm Desert, Ca. 92260 �---'+ "'` �� '
� �_,
..,� �..,,� ..,
s.�,lr�.:....
�,,. � �a
� ' �� "
__ ��,�, �
;� .. r.,,
;;�a . -'r'..
.. �.,��
c.J ;,•��
�fl
r��
September 30, 2008
City of Palm Desert
73-510 Fred Waring Dr.
Palm Desert, Ca. 92260
Regarding: Deny {Variance#08-261}Non-Permiited 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 firom her prop�rty or f�r
how l�is Ille�al struct�re w-0uld de�alue�er propertv.
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.
�es ly,
3�.
� �
Da�id 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"Branka 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, �
, ,
. i , -
L __ � ._
,J.�-r....._
Rase,�epan
74-310 Maqnesia Falls
Palm Desert, Ca 92260
October 2, 2008
City of Palm Desert
73-510 Fred Warning Dr.
Palm Desert, Ca. 92260
Regarding:
Deny �Va�iance # 08-261} Golf Barn 8� Workshop- 46-020 Burroweed
Lane, Palm Desert, Ca. 92260
Dear City Council Members,
Mr. Toia has lived on Bur�oweed Lane for 3 years, built 3 illegal �
structures and has the neighborhood appalled at his neighbo�, 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 c�nstructed we feel he has taken Q�v�ntage of a single
woman and has attempted to get away with as much as he possibly could to
benefit his property value with no regard to the onlv nei�hbor 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 d�cult 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,
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,
1 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. To/a, the neighbor has demonstrated a disregard for the Law
and Codes of Palm Desert and an obvious disregard for
neighborly conduct.
1 was in disbelieve when at Ms Pride's 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.
l 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 wall"1! and see what an asset value it will add to your
home.
1 urge the City Council Members to enforce the Law and Codes of
Palm Desert and to Deny such direct violation.
Sincerely,
r
,�
Pat Mitchell
38 Luceme Dr.
Palm Deseri: 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,
_. �!�y��,�'�- � ��'"'
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 Suzanne 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 far 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: Denv 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
Couneii should directly eonsidered the private property rights of the Pride
Family.
Sincerely, , _.__
..-
� ��J
� � ' �
G'/ > ,
��
Gaddy & Hank Stoffers '
3 Jennifer Court
Rancho Mirage 92270
-
� �� � �i
_% ���.�t.,. ���n��
October 8, 2008 f ryn���'� `� �'r� G: 56
City of Palm Desert
73-510 Fred Waring Dr.
Palm Desert, Ca. 92260
Mayor Jean Benson;
Resarding•
Staff Ret�ort October 9,2008 {Survev} 46-020 Burroweed Lane,PalrnDesert, Ca.92260
Dear Ms. Benson,
I just picked up a copy of the staff report, October 9, 2008.
The report states, "The staff reviewed the survey and found it complete".
I am enclosing a letter from Page Garner, 9-30-08, in which Mr. Garner
confirms the survey that was submitted was incorrect.
I have hired the Weddle Surveying Co. for a second opinion, in which they
called me today and informed me, Riverside County Survey & 1Vlapping has
not accepted the survey submitted by Mr. Fitch and have found more
mistakes.
I fell this matter is urgent and must be addressed.
Respectfully,
�
`.�.
l'���
Suzanne Pride
46-040 Burroweed Lane
Palm Desert, Ca. 92260
760-668-5444
�' i�° �,;�:
. _• ' �. � ,
� �
��� �'a � 7�—�10 FRF.F?t�ARi\U DRl'VE
P-�:a1 D�:ERT, C.�i.lfox�l.-� 9zabo—z;;8
Tzt: 76o 346—o6ti
F.�x: i6o 34�-7oq8
�.
in!oC2palm-deserc.c�:�
September 30, 2008
Suzanne Pride
46-0�0 Burroweed Lane
Palm Desert, CA 92260
Re: Response to Property Line Survey Letter Dated 9/11108
Dear Ms. Pride,
I have been informed by the Riverside County's Survey D'rvision that Mr. Fitch did in fact
contact them on September 12, 2008 to inform them that the Corner Record (C.R.} that
he submitted was incorrect and he asked to be contacted when it was faund, so that he
may pick it up. When the C.R. was found, Riverside County tried to contact Mr. Fitch a
number of times, but to this date the C.R, has not been retrieved by Mr. Fitch.
Therefore, until f see a revised C.R., 'rt won't do much good comparing his first and
second surveys without knowing what the error is. With that in mind, I will mention that
the main difference between the two surveys is the indication of found survey
monuments on Burroweed Lane on the second survey that were not on the first.
Mr. Fitch indicates on each survey where the line fell in relation to the existing wall. As
you are aware, the second survey states that the property line is at the center of the
existing wa11. Since Mr. Fitch is a Registered Professiona( Engineer authorized to
practice land surveying in the State of Caiifornia, we can only rely on the information
provided to us in his documents. As 1 stated in my previous letter, dated August 26,
2008, it is not a function of the City to technically review surveys such as this. Corner
Records and Record of Surveys are reviewed by the County of Riverside, Survey
Division.
Finally, in regards to the ownership of the wail, it was implied in your letter that the "City
af Palm Desert Survey Department" had previously made some statement of ownership
of the subject wafl. I can say without any hesitatian that I have never made any
determination or statement as to whom the wall belongs to, implied or otherwise.
-�,.::�w;:;.. :,�.,
. . - Suzanne Pride
Response Letter
Septem6er 30, 2008
Page 2 of 2
Should you have any further questions, piease contact me at (76Q} 776-6450.
Sincerely,
-/ �1 �u-�c.�n
� �" �
�
R. Page Garner, L.S.
Senior Engineer/City Surveyor
/bg
cc: Kevin Swartz, Assistant Planner
CIiY OF PflL �I � ESE � i
G:IPubWorksl6ertha GoraalezU.and Qeveiopmenri0930-08 SuzannePnde-Respqnse l;r.tloc
�PIIMFEC O.Y(k'CQED�WR
Staff Report
VAR Q8-261
October 9, 2008
Page 2 of 7
Discussion:
I. BACKGROUND:
A. PRQPERTY DESCRIPTtON:
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 6,940 square
foot !ot which is smaller than the minimum standards, and is located on a
corner, increasing the side yard setbacks. The subject properiy 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 an property line and share a common wall, similar to the
request by the applicant.
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 faot 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 comman wal[ with a 4 feet x 8 feet header. The gate
enclosure was built per the building cvde. 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 structure has currently been built without permits for approximately
two years. In Apri! 2008 staff received a compiaint from 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 common property iine.
There were twa surveys done. The first survey indicated that the lot line
between Lats i and 2 (with the applicants lot being Lot 1 oi Tract No.
3862) is adon the north face of the existing masonry wall. Upan reviewing
the survey, staff found the survey incomplete due to insufficient
Ci:lPtanning\Xevin Sw.utzlWcrd\Y'ar tkt-'_61 Toiz1CC repurt.dnc
Staff Report
VAR 08-261
October 9, 2008
Page 3 of 7
information, and the neighborEng owner of Lot 2 also questioned the
survey. The applicant and the surveyor worked with ci#y staff, obtaining
the proper information such as tie-sheets that the surveyor needed in
order to complete the survey.
The second su►vey found a!I 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 f�und it complete.
B. ZONING AND GENERAL PLAN DESIGNATION:
The property is zoned R-2, 8,000 and is designated �ow Density
Residential 4-4 units per acre in the City's General Plan.
C. ADJACENT ZONING AND LAND USE:
North: R-1, 2�,000/ Single Family
South: R-2, 8,OQ0/ Single Famiiy
East: R-2, 8,000/ Shadow Mountain Resort, Single Family
West: R-2, �,000/ Single Family
D. MUNICiPAL CODE SECTION 25.78.018-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, lacation or surroundings, or the strict application
of the title deprives such praperty of privileges enjoyed by other property
in the vicinity and under identical zoning classification. Any variance or
adjustment granted shal! be subject to such conditions as wi{t 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.
E. 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. Campbe(i stated #hat the proposed
goif cart shed is consistent with the surrounding neighborhood and that
the architecture will enhance the area. Commiss+oner Limont couldn't
over look the fact that the structure had already been constructed, and
didn't want to condane building without permits. Commissioner S.
G:1Planning�lCevin Sw:utzlW��rd\Vu(lA-?61 Tuia�CC report.�