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HomeMy WebLinkAboutVAR 08-261 46-020 Burroweed Ln Toia 01/08/09 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: Appeal of the Planning Commission action denying a request for 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 properly 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: January 22, 2009 CONTENTS: Draft Resolution No. 09-4 Legal Notice Planning Commission Minutes dated December 2, 2008 Planning Commission Staff Report dated November 18, 2008 City Council Minutes dated October 9, 2008 Planning Commission Minutes dated September 2, 2008 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 by minute motion the City Council reverse the action of the Planning Commission denying 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, and that the City Council waive further reading and adopt Resolution No. 09-4 approving Variance 08-261, subject to the conditions attached. � Staff Report VAR 08-261 January 22, 2009 Page2of9 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. 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 Iot 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. G:�PlanningUCevin Swartz\Word\Var OS-261 Toia\CC Var 08-261\CC report 2.doc � Staff Report VAR 08-261 January 22, 2009 Page 3 of 9 As part of the applicant's request for a 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 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 property, including when the size, shape, topography, location or surroundings, or the strict application of the title deprives such property 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. G:�Planning\Kevin Swartz\Word\Var OS-261 Toia\CC Var 08-261\CC report 2.doc � Staff Report VAR 08-261 January 22, 2009 Page 4 of 9 E. PLANNING COMMISSION MEETING 1: 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 overlook the fact that the structure had already been constructed, and didn't want to condone building without permits. Commissioner S. Campbell recommended denial, stating that she wouldn't like her neighbor building all the way to the common property line. After a failed 2-2 vote, the Commission by minute motion voted to send Variance 08-261 to the City Council with no recommendation. Motion carried 4-0 with Commissioner Schmidt absent. F. CITY COUNCIL: The proposed request for a variance was presented to the City Council on October 9, 2008. At the meeting there were three Councilmembers: Mayor Jean Benson, Mayor Pro Team Robert Spiegel, and Councilmember Cindy Finerty. There was a short discussion regarding the variance with Councilmember Finerty recommending to the applicant and neighbor, Ms. Suzanne Pride, to try and work something out, because "life is too short." The Council unanimously referred the issue back to the Planning Commission for a definitive recommendation. G. PLANNING COMMISSION MEETING 2: The proposed project was returned to the Planning Commission at the request of the City Council for a definitive recommendation. The meeting was held on November 18, 2008. The day before this meeting, the applicant and Ms. Suzanne Pride did work out their issues and concerns, and signed a mutual agreement that is only between the two property owners. The agreement involved a condition "That the applicant must obtain a building permit to raise the common wall located at the southern property line to the tallest point of the golf cart shed, but in no event higher than eight feet." At the November 18, 2008 Planning Commission meeting, the Commissioners had time to read over the agreement and, after a presentation by staff and a brief presentation by the applicant, the Commissioners discussed the matter. G:�Planning\Kevin Swanz\Word\Var OS-261 Toia\CC Var 08-261\CC report 2.doc 1 Staff Report VAR 08-261 January 22, 2009 Page 5 of 9 Commissioners S. Campbell and Limont stated that they didn't want to set a precedent of having people build without permits, and then come back to the city and ask for approval. Commissioner R. Campbell also agreed and wanted to go on record, because this is a very serious concern of his, as saying that `the Planning Commission has to be very careful about opening this up and letting people abuse the variance process.' ' Commissioner R. Campbell also felt that Ms. Suzanne Pride was forced into signing the mutual agreement, after speaking with her in person. Commissioner Schmidt also felt that Ms. Suzanne Pride was forced into signing the mutual agreement. She also felt that staff was bending over backwards, and trying to accommodate someone who built without permits. Commissioner Tanner stated that his vote originally was to approve the variance and that hadn't changed. He also stated that even though the applicant didn't go through the permit process the right way, the applicant was willing to permit the structure and had come to a mutual agreement with his neighbor. Commissioner S. Campbell recommended denial, stating that her original vote was for denial, and it hadn't changed. The motion was seconded by R. Campbell, and the motion carried 4-1 denying the variance with Chairperson Tanner voting no. The mutual agreement between the applicant and Ms. Suzanne Pride was based upon approval by the Planning Commission. Since the Planning Commission denied the variance, Ms. Suzanne Pride reports that she no longer wants to be a part of the mutual agreement. 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 G�,V'IanningUCevin Swartz\Word\Var 08•261 Toia\CC Var 08-261\CC report 2.doc � Staff Report VAR 08-261 January 22, 2009 Page 6 of 9 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 '/2" 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. 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 G:�Planning\Kevin Swartz\Word\Var 08-261 Toia\CC Var 08-261\CC report 2.doc � Staff Report VAR 08-261 January 22, 2009 Page7of9 it has been shown that the proposed use is compatible with the other residential uses in the surrounding area. FINDINGS FOR APPROVAL OF A VARIANCE: A. That the strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the ordinance codified in this title. The applicant has communicated to staff that if the variance is not granted, the resulting practical difficulty is that he'd have a legal wall with a gate opening, but he'd be unable to practically use the area behind the wall due to lack of a roof or rear wall and would ultimately decrease his property value. Although the subject property is zoned R-2, 8,000 the applicant's lot only contains 6,900 square feet and is smaller than the minimum standards and is located on a corner. The lot of the applicant's property poses a practical difficulty and physical hardship to the applicant being able to accomplish the proposed addition unless a variance is granted to reduce a required minimum 5-foot side yard setback to allow construction on property line. Given that the homes located on Burroweed Lane were built over 30 years ago and some of the homes are built to a common wall, the applicant's proposed expansion would be consistent with the existing neighborhood. B. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same zone. The property is a 6,900 square foot lot as compared to most other single family residential lots in the surrounding zone which have a minimum size of 8,000 square feet and for which the R-2 zone development standards were written. The applicant's lot is a corner lot, which must maintain greater setbacks than other properties in the same zone. 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. G:�PlanningUCevin Swartz\Word\Var OS-261 Toia\CC Var 08-261\CC report 2.doc � Staff Report VAR 08-261 January 22, 2009 Page 8 of 9 The strict or literal interpretation and enforcement of the required 5-foot side yard setback would deprive the applicant of the ability to expand his home to property line, whereas 75% of other homes on Burroweed Lane are built to property line, and are consistent with the applicant's request for a golf cart barn. Additionally, as was stated previous/y, 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 resulted in the construction of homes built to property line sharing a common wall. Therefore, the strict or literal interpretation and enforcement of the specified regulation wou/d deprive the applicant of privileges enjoyed by the owners of other properties in the same vicinity and zone. D. That the granting of the variance or adjustment will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The proposed golf cart barn would enhance and improve the value and aesthetics of homes in his neighborhood. The proposed expansion wou/d not be detrimental or materially injurious to the neighborhood, as evidenced by the fact that 95% of the neighbors signed a petition 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. G:�Planning\Kevin Swartz\Word\Var 08•261 Toia\CC Var OS-261\CC report 2.doc � Staff Report VAR 08-261 January 22, 2009 Page 9 of 9 V. CONCLUSION: October 9, 2008 City Council meeting, Councilmember Finerty recommended to the applicant and neighbor, to try and work an agreement out. The resulting agreement was conditioned upon Planning Commission approval. Absent that approval, the variance is no longer supported by the neighbor. Nonetheless, 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. Planning Commission did not want to set a precedent for approving structures that were built without permits. This will not set a precedent, because the City has issued permits after the fact for golf cart sheds that were built within the setbacks. Submitted By: Department Head: � Kevin Swartz Lauri Aylaian Assistant Planner Director, Community Development Approval: CITY COUNCIi,�ACTTON ' APPROVF,D ��� DFNTF.D - ' �.,._ R[:CCIVED OTHER Homer Croy ACM for De lo ent Services �rrTi�vc oaTF �- Z - - aYrs:� � �� � �� �-��_._.�. � �r��s: � �� � ��' ` Ai�srNT: ._ - . � AI�STfLIN:_ sti McCarthy v�:������lr�� �3Y: Actin Interim City na C' OrigEnal c�n rile with City erk's Office * By Minute Motion, uphold the decision of the Planning Commission to deny the Variance and deny the appeal. 3-1 (Spiegel N0, Kelly ABSENT) G�Planning\Kevin Swartz\Word\Var DS-261 Toia\CC Var 08-261\CC report 2.doc C�� RESOLUTION NO. 09-4 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 22nd day of January 2009, 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 18t" day of November 2008, hold a duly noticed public hearing to consider the said request and by its Resolution No. 2492 denied Case No. VAR 08-261; 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 practical difficu/ty is that he'd have a /ega/ 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 wou/d u/timate/y decrease his property value. Although the subject property is zoned R-2, 8,000 the applicant's /ot on/y contains 6,900 square feet and is smal/er than the minimum standards and is located on a corner. The /ot of the applicanYs property poses a practical difficulty and physica/ 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 built to a common wall, the applicant's proposed expansion wou/d be consistent with the existing neighborhood. ; � CITY COUNCIL RESOLUTION NO. 09-4 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 development standards were written. The applicant's lot is a corner /ot, which must maintain greater setbacks than other properties in the same zone. In addition, the applicant's home and many other similar o/der 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 wal/s. 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, whereas 75% of other homes on Burroweed Lane are built to property line, and are consistent with the applicant's request for a golf 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 properly 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. 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 wou/d enhance and improve the value and aesthetics of homes in his neighborhood. The proposed expansion wou/d not be detrimental or materially injurious to the neighborhood, as evidenced by the fact that 95% of the neighbors signed a petition supporting the go/f cart shed. The go/f 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 properiy, and would not drain onto neighboring parcel. Therefore, the variance will not be detrimental to the public health, safety, or we/fare, or materially injurious to properties or improvements in the vicinity. 2 �i CITY COUNCIL RESOLUTION NO. 09-4 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 22�d day of January 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ROBERT SPIEGEL, Mayor ATTEST: RACHELLE KLASSEN, City Clerk City of Palm Desert, California 3 /� CITY COUNCIL RESOLUTION NO. 09-4 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 l3 CITY COUNCIL RESOLUTION NO. 09-4 2. All contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance per Palm desert Municipal Code, Title 5. 3. All contractors and/or owner-builders must submit a valid Certificate of Worker's Compensation Insurance coverage prior to the issuance of a building permit per California Labor Code, Section 3700. 4. Illegal additions/alterations must submit 2 copies of as-built plans and pay an investigation fee. An inspector will verify if the structure can be permitted and may require corrective action. The applicant then must resubmit 2 sets of plans incorporating the inspector's correction items. The plan will reviewed by a plan checker for compliance. Further corrections may be required at this time and then must be addressed by the applicant. When the construction plans are approved then a permit may be issued and subsequent inspections to follow. 5 �� CITY OF PALM DESERT, CALIFORNIA �—�--� � � � APPLICATION TO APPEAL �:� ,.,�': _Y� 9 .. 1� � � r� �T`"`µ� ..... DECISION OF THE ��L�1�i�`i 1�C� Gc�°N� Ir�` ( ��)U�, .., (Name of Determining Body) � �_:r F''?- � �'�:r� E,; ��_ . Case No. t//�Q - G -- �(v ) Date of Decision: 12 - �� - t� `�, r'��,r, ,,'; . -� --+ Name of Appellant N1lC.�t.�k � �(/���;�J _ T��� Phone �76v ) ��� �- a {,�� � �� Address �b�'�v �-i�'t����,,-'ti.Y� �..r�.� � 2 2 c�. � G�L�� Description of Application or Matter Considered: �.b�1 I!�. c� � L��{��� �� �ni� i � (�-�-�i 13lk Reason for Appeal (attach additional sheets if necessary): � � , � �c A�C'�tr('L_� i�� � A��� I 2.-� ( -�f3 �c� �-�1 R. _ �r�c�1 I� �11�1 F-- I _ (Signat r of Ap ellant) FOR�FFICIAL USE ONLY Date Appeal Filed: _ l�c�� � Q Fee Received: _ ���� Treasurer's Receipt No. _ ���� � Received by: _ c`-7�C.c�� �.,d�`n%� Date of Consideration by City Council or City Official: Action Taken: Date: Rachelle D. Klassen, City Clerk COPY TO � I H:\rklassen\WPdataIWPDOCS\FORMS�appl toappeal.wpd DATE ��� /J �' � � � Rev 6/29/02 / � ,ir..-��\\� �0�\V/ O� �Coll�U U U D���� 4 816 8 ��b.' �/ � �?�%" 73-510 Fr�ED WARING DR. • PALM DESERT, CA 92260 �� P. O �i DATE 4 TREASURER'S RECEIPT AMOUNT �� �D '� _ RECEIVED FROM: , r ` ����� �d l �-� FOR: h 6 rnrnlSS�rrh - 1`. � 'a'� l .�.. � c�.v�r-e� `T �a� Project • ' ' Number: FUND DEPT DIV ELEM/OBJ � • � a�\ �10 o a�o 3y I � � ;cx� RECEIVED FOR THE CITY TREASURER � � � � � � -- � BY: � � . � FINANCE DEPARTMENT USE ONLY � i � i i i i i � ; � 1 tend�er�e�d �i • SSPg _ � R Pt Ao. � 1 PaY�snt f21�� � � � � I CHECKS AL:CEPTED SUBJECT TO BANK CLEARANCE '� e r ,� � �� � ���. ` � p} Y � � * ��������f� q��� �,�� `4 � � . � �, � : .�- =" *ca . ������� � � � � �� u �f �;��� �� �' � Y�' ' tl��., � �� f�Y �" � ,ys� r K�'r�rt."<tt � ��1 � � w,,, �,� , � � � � � � ` i���5. �� � � � � �� � � ; ��€ � < � � 1� �'`��� 5��� � "' �r �� �a �� �, �' � ��� '` ` - ��r� � t .�"' �� r � �����, `" ` :� L. �``"��k�"',��� � �a�... � � �f � �. ; r . � ,� ,k > , '�i� a � ,. `��y �, g �4�F�����__��� .�� ' ,► +�'`' i����`�� � -=fi«���'���}�►��i"` t� �'�� 3 , � �S._ `�`� �. 1�4 I2��1�Og ',f � ':: 1 ::.� r• � ��,� �.:. ��t' _.� ��_, �: tg Mr. David Erwin 4 City Attorney for Palm Desert 73-510 Fred Waring Drive Palm Desert, Ca. 92260-2578 Dear Mr. Erwin; We are writing you to express our complete frustration and outrage with regard to the process and ultimate outcome of our November 18t", 2008 appearance before the Planning Commission. As you are already aware,this was to be our seventh meeting with the city in pursuit of saving our golf cart barn from demolition and to be allowed to pursue the variance and permit processes. Over the past months we received unanimous approval from the Architectural Review Committee and our neighbors in support of the cart barn. In fact we demonstrated via signed petition and letters that the entire neighborhood was in support with the single exception of one neighbor located immediately to our south. Because of this one opposing view, the city staff advised we would have to go through the variance application process to gain approval and additionally we would need to establish the common property line by way of a land survey. The costs associated with the variance application fee and survey expense were approximately $5000.00. In consideration of these expenses we discussed the variance process in great detail with the city staff. It was at this time that the staff advised us that under municipal code section#25.78.070 our application would be considered and scrutinized under four(4)very specific criteria. We were also specifically advised that the variance code and process did not discriminate against pre-existing structures. We were told that our case did indeed meet these criteria and as a result the city staff would prepare a report to the Planning Commission recommending approval of our variance application. Based on this endorsement,we elected to accept the associated expenses. We paid the variance application fee and hired a registered civil engineer(RCE)to perform the land survey. Ownership of this common wall had been a point of contention with our neighbor to the south. The final approved results as documented in corner record#08-0411 and document# 08-046, establish that the common property line in question runs directly inside the constraints of the existing masonry wall (see attached documents). This establishes our partial ownership in said masonry common wall. We attended the first of two Planning Commission meetings on September 2°d, 2008. Only four of the five commissions were present and it ended in a 2 to 2 vote. We were quite surprised and appalled however to hear that the two "No"votes were based on reasons totally outside of the criteria contained in the variance code. One of the commissioners felt that since it was built with only partial permits that the city should "....not send out a message that this is okay in Palm Desert". The other"No"vote was 1 l� based on the statement that if the same setback issues were occurring next to her home that".... This would not make me happy." Once again Mr. Irwin, the first reason does indeed appear to discriminate based on being a non-permitted pre-existing structure and the basis for the second position is no where to be found in the four very specific criteria of the municipal code for variance approval. This was a very disheartening set of reasons for a failed vote. The matter was ultimately referred to the City Council. We appeared before the City Council on October 9th, 2008. It was a limited attendance as Councilman Ferguson was absent and Councilman Kelly had to recuse himself due to close geographic proximity to our home. The remaining council of three listened to all speakers and voted to send the matter back to the Planning Commission. In their closing comments to us the council members expressed their position of wanting to see some reconciliation between the two opposing parties. Councilmember Spiegel stated"...both parties needed to work out a solution and he hoped it could happen prior to the meeting with the Planning Commission. Council member Finnerty stated that"... the whole neighborhood was up in arms over something that could have some agreement or understanding that would be in the best interest of all." We have always felt that the most expedient closure would be to find a common point of resolution with our immediate neighbor. From even as far back as our meeting on March 2°d, 2008 with you and the City Manager Carlos Ortega, we fully accepted your suggestions to approach our neighbor and attempt to resolve the matter amongst ourselves. The suggestions of the council to"work out a solution" and to"...have some agreement or understanding that would be in the best interest of all" finally was able to be achieved. At the 2°d Planning Commission hearing on November 18, 2008, we appeared befare all five commissioners and presented a five (5) page agreement signed by our neighbor and us. This agreement(attached) addressed and cured all outstanding issues between the parties. We were all relieved and happy that we were able to achieve this conciliatory direction and outcome as suggested by the city council members. We all believed this matter had finally been resolved and more importantly in an amicable manner between both parties. The day before our Planning Commission hearing on 11/18/08 we contacted several people at the city regarding our signed resolution. Since a signed resolution existed we were advised it was not necessary to have speakers and supporters appear on behalf of both parties. Our neighbar and we agreed to cancel these speakers. Our neighbor asked us if she was even needed at the meeting since we had resolved all of the issues in our written agreement. The city also advised that her appearance was not necessary and that the agreement made this a resoived issued and to use their term ... "a slam dunk." Based on this, our neighbor elected not to attend the meeting of her own free will. We even agreed to call her after the meeting to let her know it was finally over. As the five commissioners arrived the evening of the 11/18/08 hearing, each was given a copy of the five page resolution along with an oral explanation from Mr. Kevin Swartz, of the Community Development Department. As our hearing came up, Mr. Swartz summarized the original issues and then brought the commissioners up to date by stating 2 li the property line survey was completed, reviewed and approved by both the city and county. He stated that it established the property line as maintained within the confines of the existing common masonry wall. He then addressed and reviewed the direction of the City Council to encourage both parties to resolve and work out the issue amongst ourselves. He further advised the commissioners that we had been successful in the form of the five page resolution. As soon as discussion began between the commissions it became immediate and shockingly apparent that most of them were still obsessed with non-pertinent issues that were totally outside of the variance criteria as very specifically defined in the municipal code. Once again the city staff advised that the code criteria does not discriminate against pre-existing struetures, yet the commissioners seemed to be fixated on this infraction and acted in a punitive display against us. Additionally,the non-criteria judgmental topic of"...not liking it if it happened next to their homes"was again leveled toward us. At this point the tone of the commissioners became even more negative and accusatory. They challenged the validity and good faith of the agreement by referring to our neighbor as a"beaten woman" and that "coercion"could have occurred. They were skeptical because our neighbor did not appear at the meeting. For the entire length of their discussion they returned to all of the previous non-criteria issues leveled at us in the first Planning Commission hearing. It became apparent that they were not going to uphold the direction as set forth by the City Council for us to work things out amongst ourselves and they were not going to recognize or support the achievement of our written agreement. At this point our variance resolution met a failed vote of 4 to 1. We hope you will review the minutes of this meeting to see for yourself the negative and punitive tone the Commission displayed toward us. We would also request that you confer with some of the city staff and officials to validate our position. Ms. Lauri Aylaian, Director of Community Development, was equally surprised with the behavior of the Commission. She is witness to their punitive attitude toward us and their insistence to consider this matter, not based on the documented city code a�d criteria, but rather their own personal and subjective values. Mayor Pro-Tem Robert Spiegel and Council Member Finerty both have considerable knowledge of our case and more specifically the direction the City Council gave both parties to find resolution and work things out ourselves. We contacted both Ms Aylaian and Mr. Spiegel regarding the need for our neighbor to appear in light of our written resolution. Both people responded that it was not necessary and for this reason alone, our neighbor elected not to attend. The five page agreement provided a vehicle for us to legitimize our golf cart barn. It also provided a solution to remedy the non-permitted issues created when our neighbor raised the common block wall that has been established to have shared ownership. Both the Community Development and Building and Safety directors were contacted regarding the points of the agreement that were city regulated and both gave approval to these specific and pertinent issues. It seemed like a winning solution for all: • It resolves all issues between the two parties. • It is in line with the neighborhood sentiment. 3 /� • It complies with all city regulations and codes. • It achieves the recommendation suggested by the City Council. • It puts a very long and painful era to rest. We feel the Pla.nning Commission has done great disservice to both parties, our neighborhood and the city of Palm Desert. They have countermanded the direction set forth by City Council to allow us to find common, harmonious resolution and they have taken it upon themselves to judge our application not on the merit of the established municipal variance code and criteria, but rather their own personal, subjective and bias feelings. Our agreement was reached in advance of our Planning Commission hearing. It was reached in advance of their vote in hopes that our neighbor and we could affect the most mutually beneficial resolution amongst ourselves. When the commission elected not to acknowledge this agreement and to vote against our variance request, they undermined our efforts toward resolution as directed by the council members. As a result of their actions, we were notified this morning by our neighbor that she no longer wishes to abide by the agreement. Now that she has received a favorable vote from the Planning Gommission she has lost all incentive to find a mutually beneficial resolution. We have only the actions of the Planning Commission to thank for this monumental setback. So we ask, why has the Planning Commission not acted in the best interest of all concerned? Why was the Planning Commission unwilling to follow the direction of the City Council which encouraged both parties to find resolution amongst themselves? This matter would have finally been resolved if only the planning commissioners had acted responsibly. It is our intention to appeal the Planning Commission's vote to the City Council. Unfortunately, we have now lost the cooperative spirit of our neighbor. Sadly, both parties are now somewhat back to their previous adversarial positions. We are asking you to please intercede on our behalf and address these desperate turn of events. Regards, • � .1�J ��(,L����h� ��� Michael Toia Marianne Toia Cc: Lauri Aylaian- Director of Community Development Cindy Finerty- Council Member Russell Grance- Director of Building and Safety Carlos Ortega- City Manager Bob Spiegel- Mayor Pro Tem Robert W. Stewart-A Law Corporation Kevin Swartz- Planner, Community Develapment Attachments: Mutual Agreement-five pages Survey documents-three pages 4 /9 �. � .. s Mutual Agreement and Release dated 11/17/08 This is an agreement between Suzanne Pride and Michael and Marianne Toia and is subject to the following terms and conditions: • All terms are conditional upon the Palm Desert Planning Commission granting the variance #VAR08-261 as applied for and eurrently under their consideration. • That both parties will at all times make a best effort to comply with these terms as listed and in good faith. Should issues arise outside of their direct control or by the city of Palm Desert, both parties agree to find a fair and amicable solution and to maintain the intention and obligations of this agreement. • That both parties agree to mutually release each other from any further liabilities in this matter. • That both parties agree to immediately withdraw, drop, cancel all outstanding complaints against each others properties. Both parties agree to effect these cancellations in writing and concurrent with the execution with this agreement. • That the Toia's wi11 take responsibilities for city pertnits and expenses related to the common wall located at the southern property line of the Toia's property. 'They agree specifically to lower the maxirnum masonry block height to approximately 6' as determined by the city. They will then rebuild the height of the wall by approximately 18" or . to an approximate height of T4". This appro�mate 18" e�ension will be comprised of 2x4 construction with lathe and stucco finish. In general the stucco surfaces in point shall include Ms. Pride's side of the common wall from top to bottom and extending from the wall at the intersection at its eastern side, her wall adjacent to the golf course, and to the western side at a point where the existing golf cart barn begins. At the eastern end of this extension the wall height shall stair step down to meet the existing height of Ms. Pride's eastern facing wall on the golf course. A similar step approach will be incorporated at the western end. • That both parties will cooperate as necessary and in a timely manner to execute all necessary forms or approvals including permit requests, worker access, interim sign-offs or releases, ete. • That both parties hereby grant access to their properties as required to complete the terms of this agreement. �O 1 I �FS .� � • That both parties hereby grant access to their properties as required to complete the terms of this agreement. � That Ms. Pride will be responsible for the maintenance and protection of any and all of her landscape in the vicinity of the above referenced worksite. And, will hold the Toia's or subsequent workers harmless for any inadvertent damage to sa.id landscape. • That the above described work shall conf�rm in principal and with best effort to the attached sketch signed by both parties and hereby made a part of this agreement and will be subject to the Pa1m Desert building code. • Both parties agree to exercise a best effort to complete the items identified in this agreement in a timely manner with a goal of being completed by6/3409. • These terms reflect the entire agreement and does not imply or accept any terms and conditions not contained herein. uzanne Pri e Michael Toia 46040 Burroweed Lane 46020 Burroweed e Palm Desert, Ca. 92260 Palm Desert, Ca. 92260 ,__� � _ � - ;��� � ;'c:�G'G'�/��Q �-� //�� l� Marianne Toia 46020 Burroweed Lane Palm Desert, Ca. 92260 2 � 1 2 0�5 , �� f . Y / '�� �� a v � 4� � � `_ .-_ Y_ �� � �� - � � __ � � �� tfn"� � � � � �-i �� � �� � p N- r `� -� _ - � � ,-� o �, _ i a � - L �'��� � 7�• � Q �H _ o �, � c N � � � , � � Q z m �' - z m � d r � -� � �,� � - � - � � �. � � �'� �' �' �.� � � �' � � � v � � � � __ : �, � � (` `� � � �`' ' � Z�:Ta .�1 � � �-�. � � � � � -1 � � "� � 1 � V1 .�C ►,� � V r �. � � p v � - � ..� _ � Z� V � �, � � � [�+ � F- � � � � ` i � 1♦ � ^� �� :�.��.r� _�� �..�� �.1�r�w � _ � � / �.� �� .r� ;w►. �.�• �� � __. ���° � � -� � � � � . ��; ��° d � � � �, _ .� ..._1� � � _ V� d ' � �- A ' _ ' �� N� � � � � - �o . b 1 ; �� �� y �� � � slril�o...,.t,-�,�,, �� ' � , `� �' 3oF� 11/17/08 NOTICE OF WITHDRAWAL/CANCELLATION OF PRE- EXISTING CODE AND/OR COMPLIANCE CON�PLAIN (S) I, Suzanne Pride hereby agree to immediately cancel and retract any and all complaints I have previously filed with regard to Michael and Marianne Toia and their property located at 46020 Burroweed Lane, Palm Desert, Ca. I furthermore agree to appear in person if necessary to fulfill my requirement to this end and to execute any city documents required in the execution of this request. _�i����� e Pride Date a3 �o� 5 11/17/08 NOTICE OF WITHDRAWAL/CANCELLATION OF PRE- EXISTING CODE AND/OR COMPLIANCE COlV�PLAIN (S) We, Michael and Marianne Toia hereby agree to immediately cancel and retract any and all complaints we have previously filed with regard to Suzanne Pride and her property located at 46040 Burroweed Lane, Palm Desert, Ca. We furthermore agree to appear in person if necessary to fulfill our requirement to this end and to execute any city documents required in the execution of this request. ll- 1?�od� Michael Toia Date �6j� ��� �/-� '�- D�' Marianne Toia Date a�` �c�F� From: Edwards, Ray To: mjtoia@earthlink.net Cc: billfitch@globa1101.com Date: 11/20/2008 8:15:50 AM Subject: CR 08-0411 __ _ __ _ . ___ __ _ _ ___ _ __ _ _ _ _ __ ._ _ . Michael, Attached please find a copy of CR 08-0411 that has been filed as Document#08-046 for your records. Ray Edwards Principal Engineering Tech �� IoF3 � �c�Rr��R ������ � .�,,, , ,, �,:��< <:�_, C2�g-�_Q�'��_ �.�:,�; ,::,� f'A�LM D�...s�R7` . ,, . � Fr'1%�:�R51L��. :_;>,� �.�;,���;:., � � ����� �������� � o T- � r��c r rvo,.��s�,2. ,��. �;� <�,� r,r��r .�;_�-�� E 3 , . ,�. Y/NG_//�1 S,�E_�'. �'9, 7=..�_-5, ,4'-� -.E� �'�L3.B.�1 � `� G 3C� -1 D 0-QZ�-� CQF�IvEf� ��"�E �OORDINATES �.._ _.___._.__�.. .._. {Optianai) � : �� ,,:, :,>- �� ,��, � � ,. ., 9 � �' �' �, x ' �! � � � ,� : �' �iA��� � r,;��;��s � � `; c t ,,u;le✓ ���l�Q� �'�(�F;' F('t)C;H �.._.�_.__�_�___�.__..___.a t:i i,., _ _ __ _ t�-�� [iHi_,��� �]C '[% 'i�, �'� PJA`��rR3 , � IL�1i�,,�l(`� `;<<. "�V;i t?,au i� di ��it: i s �,�iC'n�i� ._�.�. Uni��b ?li�ti� �� IrnpEt�,F31 �, — ��—____��_____� _.�_ --____--_____ Corner — Lef�� a� `c�;an�i Foun�, anc; +a c t�cf ' Est�blisiieF, - �' f�F��Stai�lishecl , � Rebiaiit �3�. Ic4entificatian and ty��E� �f corner fn�.�nd: Evuu nce �,se�i to �'entify or procedur<� ��sed t� EStablish ti�� corner: � .F� ����P��r�G �s�o�l l���Pr�a_r-1.��_��r�E���.2.�y�5�T rr�� ,Q.c.� ,f,2.5<�/ �___,�;���1_�_�.�r_���s�'_o�R��-7 _ 3.f�_�%f�%_f' UrV o./j �l/�C�E��,. S,_ 7�.�„Z.�' .�'E<�'_ CR_-_Q�'� _ . � ��L_�U. l.��ss_�2��1._ ���._�'T�'1�_��D,G. .S_,2��.� �'�- Tl�" 7=_��� __5___��T Tfl� F��.�. f,2.5 7/.o .N__ Cu/��3 �1N1'ti�r� �1 T�.�1_���T�'1�'S�G..�� . A d�scnption Gf the physical r.:c�rc�ition of l�l�e ;nor�U�ne�it <is tr�ui�ic� and as set or rr.set: .�I��.IV�Q��Gi(_�'J�LtC�"�-�_I�.4��1lY��U/�"__�'f1!_t�Q�T�l Q!1%_.. ___- _ ___._ _ __ _. _ _ _. _ _ _ ___- _ ___ _ __ _ _ SURVEYqR'S STATEMENT Tl�iis Corrier Record was prepared k�y me or under rny cf��ur.tion ir; �rnicirmanct� V✓iti�� � � � � �� � � F: the Land Surveycr� ACt_ o�; �l�_L��L1����� .��._.���U_�' � .�.�/ _ _ r Siqnc,d��-rxC`�2' _ ����---' __-�S. �;�r R C F. Number 1 " , � z � ?i . ., . _- ., a __. �_y. _ r�,� - --- - -_ _ ; �;� � ��i, ���9 COUNTY SURV�YOR'S STATEMENT �"' §'' � , ,� ived �/ ��� and exam�ne� . '-.. This Corner Record was rece' _ r� _ � � __ _ - . 4 T , . and (iled__ _ �l j�� ��__ r _ _ `. " ,.;. '��-p't�i3 SL f � Sigi��d — � , � f ���' _ DapuCy Coi.inry SurvE�;�or ��� ,. "a+�'�. _ _ � �'� ,� . _� �,� ��. ,T�,%'t�`� Couniy Surveyor's Camment �_ -' �'" `� � , No 5705 __ _ ___ __. _--- - -_ _ ___ - _ _ - __-------- � -��i�._ � � �� 4 __. .---_ . ---- __ _ _ ____ __ ___._ _ _ ._ ,,,,��F CAl-\ __ _ _ _ _ _ _ ___ . __ __ ___ F'aqe 1 c( 2 ,�,,,�j r� � �`�� �,�C� �-�',';�� �e C' 3 _'_______..__ _ _..___..___�________.____.__._.� .�_ ��_.�__—..__._�__.e__�v. � /? ,� � t' 1 'l._./ ! � ' F'. / '� f / . L.`C.� T�i L�, � c:7J- ._`>��G�'i t;' .:_ ��i�'�.- - � - t� , 7�,_.��. ' ��', ��/VC'' ..�c4%a2 /�� B. 6,f�'-`�" , /�r'D/1/l��'CJC�D ST/=.�,E"T � , I ` � / ___ 4� .i 1-.1 / A : G�� " i'.F.'� ,•y__�1..—/�•— / / . . .. � l� \ � % /'<"c ' ..:C.1�,�' -1/� � _. 7 Lr'. ` ,./,. � _ i '� f' , 9/ i: �rc`��� `�� :, � � ,q-,� s� � , r 1� ____� n 1�-- _- ----— - r_ _ - -- , _ _ ____ .�� � � , J �� , . � ; � � � -;� J �.�� 56 3 i ,i�;, �� , ,ti-,� : , \' ' �, I � � -, i a �j `( W � ����C�. ���9�,/,� � � /lc��,� C �� � ��� � I �� � �n �� �� � � �� � �� � ��� � �- � `� ;� � � 'i ,�; � �9 �. �• � v t�, ! � �R i Q � " �w ! � O ',. ' /�.7 _.__ ___ _.__ __ ____� , � �� �� o-� � � �� t� y�l /� C', ��;' � , � ' `-- --� � .� ��; i n���r,�� �, -,���- �� i �� ��� ���� �� � , --� iL+ ,, �� ��, � ,:. �� �, � � ;� , o Q .� � � � ;� � � ;�- ,�. c. �� � � � � ' � `' �'n, ' ;1, '� ��L�rt'/C C�'v^L'��G�� L i"�;��.E . � ? �u . ,� � � � � ti�,Ef�.FS'Cf-%�l�i' �1�"�.�i�,riG��/�/��,r i� r � !' / "\F�'�u;L'/? �"f,� 5E T _ _- � ,` /�/. T 5. � � 't---- ------�_--- � � �' �� , z� �� �; `,�. '� :�.C`;' /l�i,��.�-y�r/'��� � �v ' � 1 � \ �� , -- - /1,�c�9°/G�G'e'> ^ � • , , � '� ��.0 C �'� /� � � -- P<h' TR�7�T/I�'lO �.��9 ,/ ��-- _`_�� - �?i,'.r`�.B'i;.!<�� -,='O�;^✓�i�/,�(.'—'�� _�_ ---� 8,�,�`7 5'S l�/:�r'���-F'. �. -�-/,c�� ;�-;;;, :�o,��T u' ��ti;=r��: L OT,2 �L�'�3.����2�i-' /�?, - ,Qz -R� -�.E-�' P,�l�.n� oEs,E-�7� v���r 7 �r.B. �.5�� � R� �,�� rFZAc r�va..3�62 �8. 6��� �r��cr��o 6,�.�9�t�I�g.���,2� �,�-P�F' TRA C T i1/O .3 B 6,2 ilil. B. 6/��� �'�ge 2 of 2 c'`� �,..�-� . r ,. CITY Of PHI �I DESERI 73-5�0 FRED WARING DRIVE '�`k- '+ PALM DESERT, CALIFORNIA 92260-257$ TEL: �60 346-o6i� F�ix: 760 34�-7098 i nfo@palm-desert.org PLANNING COMMISSION MEETING NOTICE OF ACTION Date: December 3, 2008 Michael and Marianne Toia 46-020 Burroweed Lane Palm Desert, California 92260 Re: VAR 08-261 46-020 Burroweed Lane . The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its regular meeting of December 2, 2008: THE PLANNING COMMISSION DENIED CASE NO. VAR 08-261 BY ADOPTION OF PLANNING COMMISSION RESOLUTION NO. 2492. MOTION CARRIED 4-1 (CHAIRPERSON TANNER VOTED NO). Any appeal of the above action may be made in writing to the City Clerk, City of Palm Desert, wit ' ' (15) days of the date of the decision. Lauri Aylaian, Secretary Palm Desert Planning Commission /tm cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal ��r�urmoM�[na[or�rt� � X V CII� Y � � � Nll�i� � � 5 � �� �I 73—S�o FkF�WnRwc,Daiv� PAL�7 nFSER�f,�.ALIFORNIA 92260-257�3 TEL:]60 346—o6i� tnz:760 34�-7oq8 infuCypalm-desert.urg 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 Ciry Council to consider a request by Michael and Marianne Toia for approval of a variance to con'struct a golf cart shed located within the required setback located at 46- 020 Burroweed Lane. CI of Palm Desert Ma JOSHUA TREE Sf SHA00�LAI(�DR- � � � ���� ; iMfPER S��� ''�N�ERC � � PNYYON ST 2 � � � m lRONNOODST � m O�� A �Cf FIODLENECKLAf� p nr 6 � `�t,� i °vqSF A G�r O O �� � �"GRAPEVMIE ST GRAPEVINE ST��` �\ . � AAb2�AR �. \ i�m { � N/LLOWST A � . N � m �pARpGia � BURSERA WAY y 8 E� 0m� SAID public hearing will be held on Thursday, January 22, 2009, 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 between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to,the public hearing. PUBLISH: Desert Sun RACHELLE KLASSEN, City Clerk January 12, 2009 Palm Desert City Council �� r l � PLANNING COMMISSION RESOLUTION NO. 2492 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING A VARIANCE TO ALLOW A GOLF CART SHED WITHIN THE REQUIRED FIVE FOOT SIDE YARD SETBACK LOCATED ON PROPERTY LINE AT 46-020 BURROWEED LANE. CASE NO. VAR OS-261 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18�' of November, 2008, hold a duly noticed public hearing to consider the request of Michael & Marianne Toia for the above mentioned project; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify denial of said request: FINDINGS FOR DENIAL OF A VARIANCE: . 1. Many of the homes located on Burroweed Lane are considered to be condos, were constructed under Riverside County Zoning Ordinance development standards which resulted in the construction of shared common walls without side yard set backs. The applicant's property is a sing/e family residential lot, and was built with the intent of the required five foot setback, The applicant constructed a golf cart shed within the setback without permits, and Planning Commission does not want to set a precedent by issuing a variance for an illegal structure. 2. The property is considered a single family residential lot with the required five foot setback The properly is not of a highly irregular shape, and there are no extraordinary circumstances or conditions applicable to the property. 3. The applicant voluntarily purchased a property that is a sing/e family residential lot, which requires a five foot setback The applicant had the duty to know that, with the required five foot setback, he would not have the ability � to expand his home. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That Variance 08-261 is hereby denied. `?, O „ l, (_. . MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2 �nnA Mr. Ramser also showed the corner of the existing parking lot, the administration building and pointed out the new entry area. Commissioner Schmidt noted that it was a little north and east of the street entrance from Portola. Mr. Ramser thought that it would be almost straight south from the entrance. Ms. Schrader explained that the plan was turned around. She showed Portola and pointed out the entry area and the events building, as well as the Portola entrance. There was no other discussion and Chairperson Tanner called for the vote. Motion carried 5-0. IX. MISCELLANEOUS �•�r► A. Case No. VAR 08-821 — MICHAEL AND MARIANNE TOIA, Applicants Per Planning Commission direction on November 18, 2008, presentation of a resolution denying a request for a variance that would reduce the 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. Action: It was moved by Commissioner S. Campbell, seconded by Commissioner Limont, approving the findings as presented by staff. Commissioner Schmidt wanted to make sure that a yes vote was to deny it. Commissioner S. Campbell said yes. For the record, Chairperson Tanner stated that his understanding of what the Planning Commission does is they look at ordinances and not the legal aspects of building and not building. At the meeting, there was comment about the legality of building the complex, about proper permits and he understood that and feels for that, but at the same time, what was presented before them was the variance of five feet. He, again for the record, just wanted to make sure they know that that is what they are supposed to be doing. There was a motion and a second. He called for the vote. Motion carried 4-1 (Chairperson Tanner voted no). It was moved by Commissioner S. Campbell, seconded by Commissioner Limont, adopting Planning Commission Resolution No. 2492, denying Case No. VAR 08-821. Motion carried 4-1 (Chairperson Tanner voted no). 17 � � � � � �� � � � ORIGINAL PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING A VARIANCE TO ALLOW A GOLF CART SHED WITHIN THE REQUIRED FIVE FOOT SIDE YARD SETBACK LOCATED ON PROPERTY LINE AT 46-020 BURROWEED LANE. CASE NOS. VAR 08-261 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th of November, 2008, hold a duly noticed public hearing to consider the request of Michael & Mariane Toia for"the above mentioned project; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify denial of said request: FINDINGS FOR DENIAL OF A VARIANCE: 1. Many of the homes /ocated on Burroweed Lane are considered to be condos, were constructed under Riverside County Zoning Ordinance development standards which resu/ted in the construction of shared common walls without side yard set backs. The applicant's property is a single family residential lot, and was built with the intent of the required �ve foot setback. The applicant constructed a golf cart shed within the setback without permits, and Planning Commission does not want to set a precedent by issuing a variance for an illega/structure. 2. The property is considered a single family residential lot with the required five foot setback. The property is not of a highly irregu/ar shape, and there are no extraordinary circumstances or conditions applicable to the property. 3. The applicant voluntarily purchased a property that is a single family residential lot, which requires a five foot setback. The app/icant had the duty to know that, with the required five foot setback, he would not have the ability to expand his home. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That Variance 08-261 is hereby denied. �,2- �- � • PLANNING COMMISSI��� RESOLUTION NO. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 2"d day of December 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: VAN G. TANNER, Chairperson ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission . 2 33 t� � � CITY OF P '� l �l DESERT "� I 73-5�O FRED WARING DRIVE ������ PALM DESERT, CAL[FORNIA 92260-25�8 i TEL: 760 346—o6ii F,vc: 76o 34i-7oq8 infoC�palm-deser[.org PLANNING COMMISSION MEETING NOTICE OF ACTION Date: November 19, 2008 Michael and Marianne Toia 46-020 Burroweed Lane Palm Desert, California 92260 Re: VAR 08-261 46-020 Burroweed Lane The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its regular meeting of November 18, 2008: THE PLANNING COMMISSION, BY MINUTE MOTIONS, DENIED CASE NO. VAR 08-26 AND DIRECTED STAFF TO PREPARE A RESOLUTION OF DENIAL FOR ADOPTION AT THE NEXT MEETING ON DECEMBER 2, 2008. MOTIONS CARRIED 4-1 (CHAIRPERSON TANNER VOTED NO.) Please call if u have stions regarding this action. Lauri Aylaian, Secretary Palm Desert Planning Commission /tm cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal �'PPINiFO OX 9[("(:EO PA/!1 �� ; , � �. MINUTES - ALM DESERT PLANNING COMMISSION NOVEMBER 1 S 2008 Commissioner S. Campbell asked for and received clarification that the owner owns all this property and wants to subdivide it in part for the family. Mr. Hargreaves concurred. Chairperson Tanner noted there was a motion and second on the floor to continue this to December 2, 2008. There was no further discussion and he called for the vote. Motion carried 5-0. '�- B. Case No. VAR 08-261 — MICHAEL AND MARIANNE TOIA, Applicants Request for approval of a variance to allow the reduction of a required minimum side yard setback from five feet to zero feet to allow construction of a golf cart shed located on properly line for an existing single family home located at 46- 020 Burroweed Lane. Mr. Swartz explained that the subject property is located at the southeast corner of Burroweed Lane and Ironwood Street. The property is zoned R-2 8,000; to the south, east and west is also R-2 8,000, and to the north is zoned R-1 20,000. He stated that many of the properties that were built along Burroweed Lane were built when the property was under the jurisdiction of the County of Riverside, so staff asked the applicant to get a survey to find the location of the property line. That was done and it has now been approved by the County of Riverside and is being recorded. It falls right through the common wall. On September 2, 2008, the variance was heard by the Planning Commission. There was a long discussion and after a 2-2 vote, the Commission forwarded the case to City Council. On October 9, 2008, the variance was heard by the City Council, there was a brief discussion, and the Council referred the case back to the Planning Commission. And the City Council did recommend to the applicant and to the neighbor, if they recalled there was a dispute befinreen the neighbor and the applicant, to work it out. The City Council said that life is too short and they should work this matter out. The applicant and the neighbor, Ms. Pride, have worked out their issues and concerns and have come up with a mutual agreement, which is only between the two property owners and not with the City. The mutual agreement was distributed to the Commission. He asked if they needed a minute to go over it. Chairperson Tanner asked if everyone had had an 8 ,�- �J MINUTES � � � LM DESERT PLANNING COMMISSION NOVEMBER 18 nna opportunity to read it. Commission concurred. Mr. Swartz explained that if the variance is approved, there would need to be a condition added since the agreement is based on the common wall being raised to the highest point of the golf cart shed. It would be Community Development Condition No. 6 to read, "That the applicant must obtain a building permit to raise the common wall located at the southern property line to the tallest point of the golf cart shed, but in no event higher than eight feet." He displayed photos of the existing neighborhood showing that the structures are built right up to the property line. He said that some of these homes are condos and some single family homes. The applicant was requesting approval of a variance to build within the setback. Mr. Swartz stated that it has been shown that building to property line is consistent within the neighborhood. All the findings can be made and staff recommended approval by adoption of the findings and the resolution, subject to the conditions. He asked for any questions. Commissioner Schmidt asked if these two parties agree to reconstruct the wall, and either one of them disagrees with something that is going on, it becomes a civil matter and not something that the City would review. Mr. Swartz said that in regard to the wall, the appEicant is responsible to build the wall no higher than eight feet, but anything else in that agreement would become a civil matter. Commissioner Schmidt reiterated that the� City has control over this during the construction and permits, etc. Mr. Swartz replied yes, just for the common wall. Commissioner Schmidt expressed concern about the drainage; that needed to be really addressed and moved away from that wall. Mr. Swartz said the structure still had to be permitted, so during that process it would be. Chairperson Tanner asked if during that process of permitting, it also had to conform to building codes. Mr. Swartz said that was correct. Chairperson Tanner said that if it's not at this point to conformity, it would have to be rebuilt or a part/portion of it. Mr. Swartz said that was correct. Commissioner S. Campbell said they were talking about the wall. There is a zero lot line and that was still going to stay there. Was that correct? Mr. Swartz said that was correct. Commissioner S. Campbell said it would be about certain heights of the wall. Mr. Swartz said that was correct. Commissioner S. Campbell noted that when Mr. Toia bought this home, it was not an attached home; it had a common wall and five feet on Ms. Pride's side and five feet on Mr. Toia's side. And he built the building right on the zero lot line. She asked if he was going to undo what he had done and then take out permits to do it correctly, because this didn't solve the 9 3 �° MINUTES �� � � PALM DESERT PLANNINC GOMMIS�ION NOVEMBER 18 008 probiem with just the size or the height of the wall. Not to her. Mr. Swartz said he would still have to pull a building permit. He wouldn't have to tear down the structure, he would have to show plans for the structure being built and if the structure was not built per plan, then he would have to tear down part of that building and build it to the current codes. Commissioner S. Campbell said they again went back to the fact that people can go ahead and build something without a permit and then still be granted approval even though they don't have a permit to build. Mr. Swartz noted that there is a section in the building code that somebody who does build without a permit can be fined and that was determined by the building official. So if they wanted, that could be placed as a condition. Commissioner S. Campbell noted they had another builder on Portola that did construction in homes and built smaller apartments without a permit and he had to undo a lot of things and get the permits to do it and sometimes he didn't complete the work because he ran out of money. But he had to undo some of the things because he didn't have a permit. The laws still apply and permits are needed to build. That was her feeling. Chairperson Tanner stated that if they vote to approve the variance, it didn't take away the responsibility of the Toias to get a proper permit and build within the code, and if permits are not granted and code is not adhered to, then he would have to tear it down and start all over again. He said she was right; their decision tonight was to approve or disapprove the variance for the five-foot setback. Mr. Swartz said that was correct. Commissioner Limont asked hypothetically, it hasn't been built, they walk into the Planning Department and say this is what they would like to do, what staff's response would be. Mr. Swartz said they would look at the setbacks, and if they wanted to build within the setbacks, then they would explain to them they would look at the lot, look at the location, and explain to them that they would need a variance to build. Commissioner Limont asked if they would have to come before the Planning Commission to ask for the exception and then, if approved, they could go forward. Mr. Swartz said that was correct. Chairperson Tanner said they could go through the process. Commissioner Limont agreed with Commissioner S. Campbell from a standpoint of they didn't want to set a precedent of having folks build without a permit, and they don't want to send out a message of just go ahead and build it and they could wiggle their way through it type of thing. But then, if Planning Department is going to be really diligent on this and say sure, they will make sure everything is up to code and if it isn't, it has to come down. Because she agreed with Commissioner S. Campbell, the permit process is there for a reason, but if they had to pull it down 10 � � MINUTES �� � � ALM DESERT PLANNING COMMISSION NOVEMBER 1 B �nnA because it doesn't fit within the permit process anyway, she started to feel a little bit safer with regard to the decision. Commissioner S. Campbell noted there were several other things that were done without permits to the house. It seemed like things were going on and going on throughout the years that were�being built. Commissioner Limont agreed and thought that was a very good point. Commissioner R. Campbell stated that he would also like to go on record, because this is a serious concern of his, and they have to be very very careful about opening this up and letting people abuse it, and as long as they could keep that from happening, then there are less people who are going to come before this body looking for variances; and also abuse what has happened. Commissioner Schmidt thought it was wonderful that Mrs. Pride has consented to this, but reading through the material, she had the very distinct feeling that she has just been almost brow-beaten into submission here and she just didn't like this. She thought staff had bent over backwards to try and accommodate someone who has built something illegally. Quite honestly, looking at the pictures of this, her mother had a wonderful saying, Queen Anne in front and a Mary Anne behind, and that's exactly what this structure is. It's clear that the fascia street side of. the house is much improved and the landscaping and the whole house looks a lot better than it did a few years ago, but the fact is that this man broke the ordinances of this city, which in essence is breaking the law, and now he is going to maybe abide by it; he's getting what he wants. And she didn't like it and wasn't sure she could vote for this. She was sorry, but having read her plea (Mrs. Pride's), Commissioner Schmidt didn't know how Mrs. Pride could live in the neighborhood because there has been some kind of crusade. She seemed to be the only one. No one else's property is impacted by this but hers and she has rights as a property owner. And Sonia was absolutely correct. She's stuck next to this person. Whether or not it is added or detracted from property values wasn't really their concern. Someone had to talk her out of this, otherwise she couldn't vote for it. There were no other questions of staff. Chairperson Tanner o ened the public hearing and asked the applicant to address the Commission. MR. MICHAEL AND MRS. MARIANNE TOIA, 46-020 Burroweed Lane in Palm Desert, stated that they were purely sorry that they exercised bad judgment. They came in with the original intentions 11 3� MINUTES � � � ERT PLANNING COMMISSION NOVEMBER 18 three years ago to get a permit, and through dealing with this five- foot setback and not understanding the logic that there was already not a five-foot setback because their awning that had been with the house for 25 years went to the very same wall, they exercised poor judgment. They weren't going to defend that and were sorry. They have gone through this hell for 11 months now; it hasn't been fun for Suzanne either. A lot of things have been said back and forth that were hurtful and not necessarily accurate. He knew they read some things about them that make them really vilified, but some of it was done in the spirit of bad feelings. Yesterday at about two o'clock he got a call from Ms. Pride. She had a valued friend come to her house, someone she's gone back many years with, and they really sincerely wanted to talk this thing through. He had made an effort since the City Council meeting where they recommended that they get together and try to work this out. It's documented and on file that he was researching alternative materials for the block wall, researching different ways to do this to please both parties, to no avail. But yesterday at three o'clock he got a call from Suzanne. They went over there and with the help of her friend, who was extremely helpful, they worked out a solution where her biggest complaint would be the ability to obscure her line , of view to the golf cart barn; that was worked out and he talked to people in the Building & Safety Department and a permit could easily be secured to accommodate that. She was as happy as they were, literally in tears, both of them. They hugged twice when the meeting was over and he could tell them that no one was being coerced; this meeting was initialized by Suzanne. He asked the City if they both needed to appear tonight because Suzanne felt that by signing this she wanted to be done with it. He told her it wasn't necessary to come. She could have been here to tell them they worked it out and maybe in hindsight he should have told her to come anyway, but they have worked it out, this agreement was written in the best faith of both parties, and he was confident they could put it behind them. Mr. Toia thought they were acting in accordance with the request of the City Council to try and work this out themselves. He hoped some weight would be placed on the fact that they have taken the request to heart and they have worked it out. He promised them that no coercion on either side to do this other than...they were all good people and this thing went way out of control and they were trying to take control and put it back in line again and they were just 12 ?`�i `. .. '�,_ �... MINUTES � PALM DESERT PLANNING GOMMISSION NOVEMBER �A �nnA hoping that this Commission would put their seal of approval on it so they could all go forward. He didn't think any of them could take another month of this hell. They were wrong, but at some point...Mrs. Toia spoke up and said they learned a lot through the last 11 months of going through this. Mr. Toia said if anyone looked at what they went through the last 11 months and said that's a great idea, think I'll try it, they needed to have their head examined. He has been through 15 meetings; he has met with the City Attorney, Carlos Ortega, Russell Grance, Lauri Aylaian, and probably ten other people. He has been to the ARC (Architectural Review Commission) twice, been to the Planning Commission twice; if somebody looks at this and says that's a great shortcut to avoid getting a permit, they're certifiable. They are into this thing for five grand just to be before them, and it was $5,000 quite frankly they never would have spent. They would have pulled up the pegs and called it a day, except that they understood that this variance code was not intended to discriminate against things that already existed. If they had not called off the people who were going to speak here tonight on their behalf, there would have been a Mr. Kadilla here showing them pictures of his illegal cart barn built exactly on the wall and preexisting before somebody complained about it. He came down and got a variance for it; he never had to go to ARC, he never had to go to Planning Commission, and it was kind of in line with what they were presenting tonight, it was because he and his neighbor got together and the neighbor dropped the complaint. He (Mr. Kadilla) was also going to show them pictures of four other cart barns on the same Shadow Mountain golf course that were all in the same bailiwick. Not that other people did it made it right for them, but he was saying it has happened. They made a mistake. At some point the punishment needed to fit the crime. He thought they paid that already. They both thanked the Commission for their consideration. Chairperson Tanner asked if anyone wished to speak in FAVOR of or in OPPOSITION to the proposal. MR. DAVID HUNSACKER informed Commission that he is a real estate appraiser. He did not know Mr. or Mrs. Toia; he did know Suzanne Pride. She asked him to come to her house and give a professional opinion about the appraisal of her home. He looked at it and noticed that there was a very adverse effect on her home from the structure next door. He considered this to be a little bit like 13 �0 MINUTES � �� • PALM DESERT PLANNING COMMIS�ION NOVEMBER �A nnA a home with security bars on it. There are many neighborhoods around the area where security bars are not only welcome, but sometimes they are �ecessary. If these security bars do not have a safety release, it is his job to tell the owner that their loan will not be approved until the bars are taken down. It becomes a hazard to the people that live there. They have a five-foot setback line on this home. This man broke the law in that he built not one golf cart garage up against the wall of the other house, but he built two structures; one was not being discussed here. One was a bedroom and bath addition and he was not paying taxes on either one of these. He is a lawbreaker; he is a thief. He could not believe that the Council or the Commission would even consider granting this man a variance. He thanked them. There were no other comments. Chairperson Tanner invited the applicant to readdress the Commission with rebuttal comments. Mr. Toia stated that he and Ms. Pride spoke four or five times since the agreement yesterday. They agreed, and it was in everyone's best interest, to call people they felt were going to speak on their behalf and tell them they had resolved it and not to churn the water. He didn't know if this gentleman was here at her continued request, or just that he wasn't notified that this was not appropriate because there were a lot of other terms and points, in fact, that he would have liked to have presented tonight but thought that this matter was resolved and decided to take the least painful way for everyone and not have ten more people speaking on their behalf. So he didn't know that Suzanne was even aware that Mr. Hunsacker was here or that she wanted him to speak on her behalf in that respect. He thanked them. Chairperson Tanner closed the public hearing and asked for Commission comments. Commissioner S. Campbell stated that her vote still stands as it was at the previous meeting and her motion was to deny the variance. Commissioner R. Campbell seconded the motion for discussion purposes. Action: It was moved by Commissioner S. Campbell, seconded by Commissioner R. Campbell, denying Case No. VAR 08-261. Chairperson Tanner asked for any discussion. 14 �I � MINUTES � �� • ALM DESERT PLANNING COMMISSION NOVEMBER 18 Commissioner Schmidt asked what would happen with the structure if they denied the variance. Ms. Aylaian said that if the variance was denied, it was likely it would be appealed to the City Council. If the City Council were to uphold the denial, then the structure would have to be demolished. Commissioner Schmidt noted what is permitted is the fascia / new cart entrance and door. Ms. Aylaian said that was correct. It goes all the way to the comrnon wall. That was legally constructed. Chairperson Tanner asked for confirmation that that was basically in existence. Mr. Swartz showed a picture of the existing structure when the applicant purchased the home. He said the applicant did get a permit to put in a wall. He showed a picture of the common wall and said there is a wall abutting it. Chairperson Tanner said the original structure was... Commissioner Limont said a lean-to. Commissioner Limont asked for confirmation that they were permitted on the drawing shown. Mr. Swartz concurred. Commissioner Schmidt asked if there was a roof structure permitted for the existing door and wall. Mr. Swartz said no, the roof and garage door were not permitted. It was just a gate enclosure. Chairperson Tanner said it extended to the common wall. Mr. Swartz said that was correct. Commissioner Schmidt said the gate was removed and a new electric door of some kind was put in, but the door was not permitted. Mr. Swartz ' said no. Commissioner Schmidt said that the roof over it was not permitted. Mr. Swartz said no. Chairperson Tanner said that the old gate attached to the common wall was. Mr. Swartz stated that the old structure was never permitted. They couldn't find any permits on that structure, but noted that the structure was there for 25 years. Commissioner Schmidt asked if there were any existing structures that have been permitted and built in this community since it has been in the city of Palm Desert, or if they were all prior construction. Mr. Swartz said some of them had been constructed in the city. Commissioner Schmidt asked if they were constructed with permits. Mr. Swartz said yes; Mr. Toia brought up that a couple of other golf cart barns, he wasn't sure on the addresses, but that they were built without permits and then they came and did get permits after that. Chairperson Tanner asked if they also requested a variance for the five-foot setback. Mr. Swartz said that was correct. He said the applicant had photos if they would like to see them. 15 � � MINUTES ( �. a PALM DESERT PLANNING COMMISSION NOVEMBER 19 nnA Commissioner Limont thought this went into the conversation they were having regarding setting a precedent. There are multiple residents out there that feel they can convert golf cart carports into enclosed structures and then come back. So they've already established a pretty poor path for people to go down. They were not talking one, they weren't talking two, they were talking several now. Based on that, she thought they made a mistake that they shouldn't continue. She agreed with her colleagues. Commissioner R. Campbell stated that he went over to talk to Ms. Pride on Saturday to take a took at it and spent some time with her. It didn't take very long to notice that this lady has been beaten down. She was very nervous, she was flighty, and she basically told him that if she didn't get the variance denied, she was going to have to give up, she couldn't take this anymore and she would just give it to her attorney to handle. As he looked at the different things that have been discussed, and he had several comments that he wasn't going to bore the body with, but he felt that even though there was maybe no coercion, maybe there was coercion through the back door because she is by herself and didn't really have anyone close by to lean on; she had her son-in-law, but he wasn't close by, and it wasn't easy. He was prepared to vote against it and he hadn't changed his mind. Chairperson Tanner stated that his vote originally was to approve the variance and that hadn't changed. One of the things that he was looking at is that it, even though the permit process was not done correctly, the Toias have shown that they are willing to work to get the permitting process done correctly and also to conform with the codes, and now they have a letter that has been presented to them by the neighbor who complained about the project, and he was looking at this from that standpoint. They had a denial on the floor, and they did with a motion and a second, and he � would be voting against that motion. He called for a vote. Motion carried 4-1. The motion to deny the variance carried 4-1 (Chairperson Tanner voted no). Ms. Aylaian explained that staff needed to prepare a resolution of denial to bring back at the next Planning Commission meeting (December 2). Mr. Hargreaves suggested continuing the hearing until the next meeting. Commissioner S. Campbell indicated that they closed the public hearing. Commissioner Schmidt didn't understand why they would continue the public hearing. Commissioner S. Campbell thought they would just have it under Miscellaneous to vote on the resolution of denial. It wasn't a public 16 �=t3 , r MINUTES �� � � PALM DESERT PLANNING GOMMISSION NOVEMBER 1 S nnA hearing for the next meeting. Mr. Hargreaves said that was fine. Commissioner S. Campbell said that was correct. Mr. Hargreaves said there was a motion to continue the item to the next meeting. Chairperson Tanner said for Miscellaneous purposes only. Commissioner S. Campbell said it was just for the purpose of adopting the resolution, but it wouldn't be under public hearings. They weren't opening the public hearing. Just the resolution under Miscellaneous. Chairperson Tanner asked if that was her motion. It was moved by Commissioner S. Campbell, seconded by Commissioner R. Campbell, directing staff to prepare the resolution for adoption under the Miscellaneous section of the December 2 agenda. Motion carried 5-0. IX. MISCELLANEOUS None. X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES Commissioner S. Campbell reported that the next meeting would be November 19, 2008. B. LANDSCAPE COMMITTEE Commissioner Limont also reported that their next meeting was November 19, 2008. C. PROJECT AREA 4 COMMITTEE Commissioner Schmidt noted that there would be a meeting in December, but offered the opportunity to Commissioner R. Campbell to serve as the liaison. Commissioner R. Campbell agreed. Staff advised making a minute motion changing the Planning Commission liaison to the Project Area 4 Committee to Russ Campbell. Commissioner Schmidt offered to serve as an alternate. 17 y� CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT RE�UEST: 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. SUBMIITED BY: Kevin Swartz Assistant Planner APPLICANT: Michael and Marianne Toia CASE NO: VAR 08-261 DATE: November 18, 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 property line that is consistent with the single-family homes on Burroweed Lane. This case was referred by the Planning Commission to the City Council after a split (2-2) vote, but has been sent back to the Commission by the Council for a decision. II. BACKGROUND: A. PROPERTY DESCRIPTION: The project is located at 46-020 Burroweed Lane, north of Grapevine Street, and west of Portola Avenue. The property, totaling 6,900 square feet is a relatively flat rectangular shape lot and is surrounded by residentially zoned properties. The property is zoned R2, 8,000 which has a minimum lot size of 8,000 square feet. The minimum front yard is 15 feet, minimum rear yard is 20 feet, minimum side yard is 14 feet combined, with no side less than 5 feet, and the minimum side yard is 10 feet. The applicant has a 6,900 square foot lot which is smaller than the minimum standards, and is located on a corner increasing his side yard setbacks. The subject property was built in 1975 part of a 13 lot subdivision. Some of the homes were built prior to 1973 under the County of Riverside. Many of the homes were built directly on property line and share a common wall, consistent to the request by the applicant. �� STAFF REPORT VAR 08-261 November 18, 2008 Page 2 of 7 When the applicant purchased the home there was a dilapidated existing carport structure with an aluminum roof that extended from the garage to the common wall with a nine foot wooden gate. In January 2006 the applicant tore down the carport and received a permit from the City of Palm Desert for a gate enclosure that connected to the existing structure and common wall with a 4' x 8' header. The gate enclosure was built per the building code. After the permit closed the applicant proceeded to enclose the structure by adding a roof and garage door converting it into a structure, without obtaining the proper permits. The proposed structure has currently been built without permits for approximately two years. In April 2008 staff received a complaint by the neighbor when she cut down a tree and saw that metal flashing and a drain gutter were overlapping the common wall. As part of the variance, staff requested the applicant to submit a land survey by a licensed surveyor to verify the exact location of the shared property line. There were two surveys done. The first survey indicated that the lot line between Lots 1 and 2 (with the applicants Lot being lot 1 on tract No. 3862) is at/on the north face of the existing masonry wall. Upon reviewing the survey, staff found the survey incomplete due to insufficient information, and the owner of Lot 2 also questioned the survey. The applicant and the surveyor worked with city staff, obtaining the proper information such as tie-sheets that the surveyor needed in order to complete the survey. The second survey the surveyor found all monuments needed to complete the survey. The survey indicated that the property line is at the center of the existing masonry wall. Staff reviewed the survey and found it complete. B. ADJACENT ZONING AND LAND USE: North: R-1, 20,000 / Single Family South: R-2, 8,000/ Single Family East: R-2, 8,000/ Shadow Mountain Resort, Single Family West: R-2, 8,000/ Single Family C. MUNICIPAL CODE SECTION 25.78.010-A (VARIANCE) Variances from the terms of the zoning ordinance shall be granted only due to special circumstances applicable to the property including when the size, shape, topography, location or surroundings, or the strict application of the title deprives such property of privileges enjoyed by -� �D STAFF REPORT VAR 08-261 November 18, 2008 Page 3 of 7 other property in the vicinity and under identical zoning classification. Any variance or adjustment granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district in which the property is situated. D. PLANNING COMMISSION: The proposed project was presented to the Planning Commission on September 2, 2008. The Commissioners had a long discussion on this matter. Commissioners Tanner and R. Campbell stated that the proposed golf cart shed is consistent with the surrounding neighborhood and that the architecture would enhance the area. Commissioner 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. 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 minu#e motion voted to send Variance 08-261 to the City Council with no recommendation. The motion carried 4-0 with Commissioner Schmidt absent. E. CITY COUNCIL: The proposed request for a variance was presented to the City Council on October 9, 2008. At the meeting there were three Councilmembers: Mayor Jean Benson, Mayor Pro Team Robert Spiegel, and Councilmember Cindy Finerty. There was a short discussion regarding the variance with Councilmember Finerty recommending to the applicant and neighbor, Ms. Suzanne Pride, to try and work something out, because "life is too short." The Council unanimously referred the issue back to the Planning Commission for a definitive recommendation. The applicant and Ms. Pride attempted to work out the issues regarding the request for a variance, but did not come to an agreement. III. PROJECT DESCRIPTION: The subject property is zoned R2 which states that the minimum side yard shall be 14 feet combined, each of which shall not be less then five feet. The applicant currently has 10 feet on the north side and five feet on the south side. The structure is located on property line, therefore the applicant is requesting a variance to build within the required side yard setback. �� STAFF REPORT VAR 08-261 November 18, 2008 Page 4 of 7 A. BUILDING DESCRIPTION: The proposed golf cart shed is 9 feet x 25 feet with a 6 foot wide garage door. The structure measures 8 feet to the highest point, and slopes down to 7 feet 8 inches. The structure is attached to the existing home and flush to the common wall. If the variance is granted a condition of approval has been placed on the project requiring the applicant to obtain all required permits. Another condition has been placed on the project that all materials overlapping the common wall must be removed and placed within the applicant's property. B. ARCHITECTURE: The project will incorporate a Modern architectural style utilizing tile roof, earth-toned colors to match existing home. Surface finishes consist of smooth plaster and stucco. At its meeting of March 11, 2008 the Architectural Review Commission (ARC) reviewed the project. The Commission generally supported the concept and offered comments. The Commission approved the project on aesthetic merit subject to: sloping the roof back; minimizing the raising of the roof to a max of 1 ih" to get slope; redoing and cleaning up the entire flashing on perimeter of the structure; and not going over property line; and continuing the tile on roof. The project was approved on a 4-0-0-2 vote, with Commissioners DeLuna and Hanson absent. IV. ANALYSIS: Zoning Ordinance Section 25.18.070 requires side yard setbacks in the R-2 zone to be a minimum of 14 feet combined, "...each of which shall be not less than five feet." The applicant is requesting a variance to build a golf cart shed within the required setback of five feet. A. LOT SIZE: The property is zoned R2, 8,000 which has a minimum lot size of 8,000 square feet. The applicant has a 6,900 square foot lot which is smaller than the minimum standards, and is located on a corner increasing his side yard setbacks. Other homes along Burroweed Lane have similar lot sizes, and have structures built to property line sharing a common wall, which is consistent with the applicant's request. � � STAFF REPORT VAR 08-261 November 18, 2008 Page 5 of 7 B. LAND USE COMPATIBILITY: The proposed golf cart barn is located in an R-2, 8,000 zone. The proposed project is surrounded by residentially zoned properties. Many of the homes located on Burroweed Lane were built under the County of Riverside and were constructed to the property line sharing a common wall and do not have a setback on one side of their home. The applicant is requesting approval of a built structure within the five foot setback and it has been shown that the proposed use is compatible with the other residential uses in the surrounding area. FINDINGS FOR APPROVAL OF A VARIANCE: A. That the strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the ordinance codified in this title. The applicant has communicated to staff that if the variance is not granted, the resulting practical difficulty and unnecessary physical hardship would be costly to demolish and would have a negative impact to the properly value. Although the subject property is zoned R-2, 8,000 the applicant's lot only contains 6,904 square feet and is smaller than the minimum standards and is located on a corner. The lot of the applicant's properly poses a practical difficulty and physical hardship to the applicant being able to accomplish the proposed addition unless a variance is granted to reduce a required minimum 5-foot side yard setback to allow construction on properly line. Given that the homes located on Burroweed Lane were built over 30 years ago and some of the homes are built to a common wall, the applicant's proposed expansion would be consistent with the existing neighborhood. B. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same zone. The property is a 6,900 square foot lot as compared to most other single family residential lots in the surrounding zone which have a minimum size of 8,000 square feet and for which fhe R-2 zone development standards were written. In addition, the applicant's home and many other similar older homes on similar size /ots 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 app/icab/e to the properiy involved that do not �� STAFF REPORT VAR 08-261 November 18, 2008 Page 6 of 7 already exist with regards to many other properties located on Burroweed Lane. C. That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same vicinity and zone. The applicant states that the strict or literal interpretation and enforcement of the required 5-foot side yard setback would deprive him of the ability to expand his home to property line since other homes on Burroweed Lane are built to property line, and are consistent to the applicants request for a golf cart barn. Additionally, as was stated previously, the applicant's home and other similar older homes on similar 6,900 square foot size lots were constructed under Riverside County Zoning Ordinance development standards which resulted in the construction of homes built to property line sharing a common walL Therefore, the strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same vicinity and zone. In order to grant a variance, Municipal Code Section 25.78.070 requires that four findings be affirmed. D. That the granting of the variance or adjustment will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The proposed golf cart barn would enhance and improve the value and aesthetics of homes in his neighborhood. The proposed expansion would not be detrimental or materially injurious to the neighborhood since 95% of the neighbors are supporting the golf cart shed. The golf cart shed would not be supported by structures on the adjacent property, and would not drain onto neighboring parcel. Therefore, the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. V. CONCLUSION: The request for a variance to construct a golf cart shed within the required five foot side yard setback is consistent with the neighborhood. The design and layout of the proposed project will not interfere with the use and enjoyment of the existing neighborhood. The architecture is a style that will enhance the surrounding neighborhood. It can be concluded that the proposed use would be a favorable addition to the vicinity. �`C� �.� STAFF REPORT VAR 08-261 November 18, 2008 Page7of7 VI. ENVIRONMENTAL REVIEW: The project is a Class 32, Categorical Exemption for the purpose of CEQA and no further review is necessary. VII. RECOMMENDATION: That the Planning Commission adopt the findings and adopt Planning Commission Resolution No. , approving Case No. VAR 08-261, subject to conditions attached. VIII. ATTACHMENTS: A. Draft Resolution B. Legal Notice C. Planning Commission Notice of Action and Minutes D. City Council Notice of Action and Minutes E. Comments from other departments F. Architectural Review Commission Notice of Action and Minutes G. Plans and Exhibits H. Correspondence Submitted By: Department Head: = , ���-- -z Kevin Swartz Lauri Aylaian Assistant Planner Director, Community Development Approval: , Q Homer Croy ACM, Development Services 5 � PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AND APPROVAL OF A VARIANCE TO CONSTRUCT A GOLF CART SHED WITHIN THE REQUIRED FIVE FOOT SIDE YARD SETBACK LOCATED ON PROPERTY LINE LOCATED AT 46-020 BURROWEED LANE. CASE NOS. VAR 08-261 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th of November, 2008, hold a duly noticed public hearing to consider the request of Michael & Mariane Toia for the above mentioned project; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 06-78," in that the Director of Community Development has determined that the project is a Class 32 categorical exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify approval of said request: FINDINGS FOR APPROVAL OF A VARIANCE: A. That the strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the ordinance codified in this title. The applicant has communicated to staff that if the variance is not granted, the resulting practical difficulty and unnecessary physical hardship would be costly to demolish and would have a negative impact to the property value. Although the subject property is zoned R-2, 8,000 the applicant's lot only contains 6,900 square feet and is smaller than the minimum standards and located on a corner. The lot of the applicant's property poses a practical difficulty and physical hardship to the applicant being able to accomplish the proposed addition unless a variance is granted to reduce a required minimum 5-foot side yard setback to allow construction on property line. Given that the homes located on Burroweed Lane were built over 30 years ago and some of the homes are built to a common wall, the applicant's proposed expansion wou/d 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. ' `d� ;; ,_, PLANNING COMMISSION RESOLUTION NO. The property is a 6,900 square foot lot as compared to most other single family residential lots in the surrounding zone which have a minimum size of 8,000 square feet and for which the R-2 zone development standards were written. In addition, the applicant's home and many other similar older homes on similar size lots on Burroweed Lane were constructed under Riverside County Zoning Ordinance development standards which resulted in the construction of shared common walls. Staff agrees with the applicant's justificafion that there are exceptional or extraordinary circumsfances 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 proper(y line since other homes on Burroweed Lane are built to properly line, and are consistent to the applicants request for a golf cart barn. Additionally, as was stated previously, the applicant's home and other similar older homes on similar 6,900 square foot size lots were constructed under Riverside County Zoning Ordinance development standards which resulted in the construction of homes built to properly line sharing a common wall. Therefore, the strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same vicinity and zone. In order to grant a variance, Municipal Code Section 25.78.070 requires that four findings be affirmed. D. That the granting of the variance or adjustment will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The proposed golf cart barn would enhance and improve the value and aesthetics of homes in his neighborhood. The proposed expansion would not be detrimental or materially injurious to the neighborhood since 95% of the neighbors are supporting the golf cart shed. The golf cart shed would not be supported by structures on the adjacent properly, and would not drain onto the neighboring parcel. Therefore, the variance will not be detrimental to the public health, safety, or welfare, or material/y injurious to properties or improvements in the vicinity. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the commission in this case. 2 �.3 PLANNING COMMISSION RESOLUTION NO. 2. That approval of Variance 08-261, are hereby granted to the Planning Commission, subject to the attached conditions. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 18th day of November 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: VAN G. TANNER, Chairperson ATrEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission 3 �� PLANNING COMMISSION RESOLUTION NO. 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 �s PLANNING COMMISSION RESOLUTION NO. 2. All contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance per Palm desert Municipal Code, Title 5. 3. All contractors and/or owner-builders must submit a valid Certificate of Worker's Compensation Insurance coverage prior to the issuance of a building permit per California Labor Code, Section 3700. 4. Illegal additions/alterations must submit 2 copies of as-built plans and pay an investigation fee. An inspector will verify if the structure can be permitted and may require corrective action. The applicant then must resubmit 2 sets of plans incorporating the inspector's correction items. The plan will reviewed by a plan checker for compliance. Further corrections may be required at this time and then must be addressed by the applicant. When the construction plans are approved then a permit may be issued and subsequent inspections to follow. 5 �� CITY Of Pfll �l DESERT 7;-5io Fa�D WnwHc Diuve PALM DESERT,C,�t�Foxtvu 9zz6o-z578 r�.,760 346-06>> Fnx:760 ;4i-7oq8 info@palm-d cser[.org CITY OF PALM DESERT LEGAL NOTICE CASE NO.VAR 08-261 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by Michael and Marianne Toia for approval of a variance to construct a golf cart shed located within the required setback located at 46- 020 Burroweed Lane. CI ot Palm Desert Ma JO HUA TREE ST SHADO WLAKE DR- \�I T� I �T INaPER Si� '�VMa°ERCAp I � llll � � PINYOM St 2 r¢ �3 b lRONNOOD ST � O a i �� FYDDlENECKLN� 0 �. � � 2 rs �u 6R o s��' � B� � �\ r-7--- ����T �,RAPEVMIE SL�� LJ._ � A���� { Ny.l.OWST A yy � � �Gla s� BUNSERA WAY t�Ti E{,ME'N� i m1� SAID public hearing will be held on Tuesday, November 18, 2008, at 6:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission (or city council)at, or prior to, the public hearing. PUBLISH: Desert Sun Lauri Aylaian, Secretary November 7, 2008 Palm Desert Planning Commission ,�, r'1 J f MINUTES PALM DESERT PLANNING COMMI�SION SEPTEMBER � � car. He thought where it was situated located near the railroad tracks, the building would fit in there just fine. Commissioner S. Campbell concurred with Commissioner R. Campbell. She thought the location was right. Washington Street and Interstate 10 were there. They are Planning Commissioners and the project goes through the Architectural Review Committee and there are architects there. If they would approve something like this, she thought the Planning Commission should stand behind them also. She thought it was nicely done. Chairperson Tanner concurred and asked for a motion to approve the project as presented with the amendments. Action: It was moved by Commissioner R. Campbell, seconded by Commissioner Limont, approving the findings as presented by staff. Motion carried 4-0 (Commissioner Schmidt absent). It was moved by Commissioner R. Campbell, seconded by Commissioner Limont, adopting Planning Commission Resolution No. 2484, approving Case Nos. PP 07-13 and CUP 07-16, subject to conditions as amended. Motion carried 4-0 (Commissioner Schmidt absent). �� C. Case No. VAR 08-261 — MICHAEL AND MARIANNE TOIA, Applicants Request for approval of a variance to allow the reduction of a required minimum side yard setback from five feet to zero feet to allow construction of a golf cart shed located on property line for an existing single family home located at 46-020 Burroweed Lane. Ms. Aylaian explained that the case before the Commission represented a request for a variance in side yard setbacks for a golf cart barn. By law, a variance requires that very specific findings of fact be made by the Planning Commission. The findings and the request in this case are very straight forward; however, the issue is interwoven with layers of peripheral issues that are of importance to both the property owner and the neighboring property owner, but did not bear strictly on the findings that need to be made. Staff asked both the applicant and the neighboring property owner to focus their comments and focus their issues on the findings that need to be made for a side yard setback variance by the Planning Commission and when public testimony is open, asked that members of the audience who are 11 5 � MINUTES RT PLANNING GOMMIS�ION SEPTEMBER 2 � concemed about the matter aiso focus their comments on the issue directly in front of the Planning Commission. Mr. Kevin Swartz reviewed the staff report and recommended approval of the findings and adoption of the resolution approving Case No. VAR 08-261. Commissioner S. Campbell read that some of these homes have a zero lot line and some are cottages that are separate. She asked if that was correct. Mr. Swartz replied that was correct. Commissioner S. Campbell asked if the Toia home and the Pride home were both sold as cottages or if they had a zero lot line. They didn't have a zero lot line from the looks of it, so they were cottages with a side yard of five feet on each side of the property line wall. Mr. Swartz said that was correct. Commissioner S. Campbell indicated that they now have a zero lot line on Mr. Toia's side, but Ms. Pride still had the five feet on her side, but they were originally sold as cottages, like individual homes. Mr. Swartz said that was correct. Referring to the slide where the gutters were added, Chairperson Tanner asked if a small pitch to the roofline was being requested. Mr. Swartz said yes and explained that the Architectural Review Commission placed that as a condition. Chairperson Tanner clarified that the pitch would actually bring it up and the gutters would be off of the wall. Mr. Swartz said yes, it would have to be moved. Referring to the drawn approval by the City, Commissioner Limont noted that the golf cart barn roof appeared to be level with the wall, yet the end result was taller. Mr. Swartz said that was correct. Commissioner Limont asked if that was adjusted as it was being built or if it was part of this whole difficulty they were facing right now. Mr. Swartz confirmed it was part of this whole difficulty. Commissioner R. Campbell stated that if he understood after doing some questioning, that anything thaYs approved there's permits that have been pulled and it was basically like starting from scratch and architectural drawings had to be made and the whole process would have to be gone through as if it wasn't there at this point in time. Mr. Swartz said that was correct. Cornmissioner 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 f�. �� , MINUTES PALM DESERT PLANNING COMMISSION SEPT MRR1� 7 �nr,Q � 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 Burroweed, came forward. Mr. Toia stated that he had a couple of pictures that showed the before and after pictures of the cart bam and he could pass them out or dispense with them, either way. As stated in the Background Section II of the staff report, the present cart barn replaced the old dilapidated one. They initially applied for a permit for an enclosed golf cart barn. They were told by the City Permit Specialist that they could get a permit for the front wall, but they would have to abide by the setback for the aluminum roof and he told them this was really not their desire, that they would like to do an enclosed barn, and they added at that point that they had discussed this matter with their next door neighbor and she was fully on board with getting rid of the old structure and replacing it with something newer. He noted that this thing was built about two years ago and for two years there were no complaints on it and everything was fine. Then in the January timeframe, his neighbor lodged a complaint and the rest was kind of history. He knew the Planning Commissioners all read the staff report, but to them (he and his wife) it was compelling between Sections II and V of the staff report it referred at least five times to the fact that many of the homes in the neighborhood were built directly on that property line and they share common walls without a setback on one side. They felt this use was compatible with that. It went on further to state that the strict and literal interpretation and enforcement of that specified regulation would deprive them of privileges enjoyed by the other neighbors in that community. It was already pointed out that if this variance is approved, it still allows a four-foot plus setback from the common wall to Ms. Pride's home on her side of the wall. Mr. Toia stated that nearly all of the people in their immediate area have signed a petition in support of the golf cart barn as shown in the staff report. If it were not for three homes: one was vacant and two were under construction, the petition of 41 signatures would nearly have been unanimous. Everyone in the neighborhood and up into the corner houses on Ironwood had signed the petition in favor. In addition to this petition, 11 of the neighbors took it a step farther and wrote testimonials, but only 6 of those testimonials appeared in the 13 (�C MINUTES LANNING COMMISSION SEPTEMBER � 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 concem, it seems to switch direction into a new area of objection. In attachments his wife was distributing to the Commission, in attachment A-1 and A-2, her initial complaint was simply the five-foot setback code. He thought upon realizing that the City had the ability to grant a setback variance, in attachment B-1, her attorney made a new objection based on an obscure set of CC&R's that were put in place in 1969 which were intended to protect the original developer and should have expired in 1985 were it not for the fact that all of the homeowners forgot about the restrictions and just didn't execute the paperwork. So when this 39 year old CC&R was applied to their case for these 13 homes, all 12 of the other homeowners met and annulled and recorded the cancelation to the CC&R's, which were recorded on March 27 of this year. Upon elimination of this article, the objection shifted to the "illegal structure" which would adversely affect Ms. Pride's property, impact the sale or transferability of her property, and would have to be disclosed to a home inspector. She stated that in a letter to the neighborhood, which was attachment C-2 and -3, as well as in the notes of the meeting with the ARC (Architectural Review Commission) on March 11. Chairperson Tanner explained that they were here to discuss the ordinance (variance) and not the complete description of what had happened in the past. They were here to decide what to do moving forward, so if he could keep his comments to that, the Commission would appreciate it. Mr. Toia thought they have made the case, thought the staff report made the case, and he would come back and speak in response to anything that came up. Chairperson Tanner asked if the Commission had any questions for the applicant. Commissioner S. Campbell asked about the workshop Ms. Pride spoke about and the noise coming from that workshop. 14 �' MINUTES T PLANNING COMMISSION SEPT �uRRQ � Mr. Toia said this was the first time he had heard about noise coming from it, but he keeps power tools in there, all of his battery-operated power tools. There was a sander that has a standard cord that plugs into a 110-volt plug, a saw, and those were never operated past five o'clock at night, so he wasn't so sure what the objection would be to noise. They already existed in his original garage before he put them into the golf cart barn. They could go back to his original garage if that was an issue. He clarified that they were handyman tools. Commissioner Campbell asked for confirmation that they weren't used past a certain time in the evening. Mr. Toia said never, he was too tired after five o'clock. Commissioner Limont had a general question. Mr. Toia went to his neighbor and he discussed it with her that he had an approval for a gate closure; however, he wouldn't meet the City's conditions with regards to the tin roof with regard to the setback. But he talked it over with his neighbor and she said yes. Mr. Toia said yes. Commissioner Limont asked why he didn't turn right back around and go over to the City and say the neighbor said it was okay, why not an exception so that two years later it wasn't an issue. The point being that it's great, especially when you get your neighbors to agree, but now they were all there. Mr. Toia said he had two regrets on this whole program: one, that he didn't get the agreement in writing; and finro, that he didn't realize at the time that this process was available to them. Commissioner Limont asked why he didn't go back to the City; he knew it wasn't within the guidelines of the City ordinance. He knew he had to comply and why not go back to the City, because he knew if he continued, even if his neighbor said yes, it wasn't in line with the City. Mr. Toia said he was regretful. Commissioner Limont said she drove by it and it looked nice, she would give him that; it was a huge improvement to the neighborhood. Mr. Toia said if he had known at the time that he had this Commission and the variance process available to him, he would 15 �a MINUTES PALM DESERT PLANNING COMMISSiON SEPT iva�Q � 008 have pushed it through that way. Ignorance was no excuse, but they leamed a lot in the last eight months. Comrnissioner S. Campbell asked if Mr. Toia was the original owner of that lot, or that home. Mr. Toia said they have only owned it six or seven years. Comrnissioner S. Campbell indicated that Mr. Toia was familiar that it was a smaller lot than the rest of them; that he only had 6,900 square feet. Mr. Toia said he knew what they bought, but he had no idea it was smaller than other lots in the neighborhood. It had the ten feet on the side of the house that none of the other lots on the street had. It just seemed like an ideal place to put a golf cart barn. Chairperson Tanner asked for public testimony in FAVOR of the project. He noted that he had two Request to Speak cards; one from Richard Kelly and one from Mary Helen Kelly. He asked them to come forward. MR. RICHARD KELLY, 46100 Burroweed Drive, stated that he realized being a City Councilman, that there might be a question of conflict of interest here. He reviewed that with the Attorney who assured him that he had the right and privilege to appear before the Planning Commission. He understood that if this did go to City Council, he would have to abstain. He heard it said that he is a close friend of the applicant and he isn't. Before this happened, he didn't even know his name. He just said hi and he went by and saw him work in the yard improving his property. Mr. Kelly was always pleased with what he saw. Mr. Toia took out all the grass and put in drought- tolerant landscaping. He actually tumed a bad piece of property into a very nice piece of property. Mr. Kelly understood that the Commission was dealing strictly with the lot line, but he wanted to also express that the folks that live around there are interested in more than the lot line, they are interested in what their neighborhood looks �ike and he said that everyone sitting there, one of the most important things to them is what their neighborhood looks like, whether the guy next door waters the lawn or doesn't water the lawn, whether he pulls the weeds or doesn't pull the weeds. He thought most of these homes were originally designed to be second homes or vacation homes, so the lots were considerably smaller than the surrounding neighborhood. They also heard that there are about 30 houses or so on Burroweed Drive; over half of them have zero lot lines, his included. He understood that he bought 16 �� MINUTES P_AL.eA DESERT PLANNING COMMISSION SEPT MA�C2 7 �nnQ a smaller lot when he bought there and wanted less yard work to do and so there was a certain price to pay for that and one price was a zero lot line. Mr. Kelly said he certainly was not condoning anyone building without a permit, but he thought as they heard that there were some permits drawn and there was a misunderstanding along the line. It seemed to him that all of the hoops the applicant had to jump through and all the expense he's gone through, he guessed Mr. Toia spent $5,000 or $6,000 already because of this problem and the fact that he did make several contacts with our Building Department and discussed what he was working on, that golf cart shed, there well could have been some misunderstanding. Although he didn't condone doing building without a permit, on the other hand it seemed like there is some kind of a misunderstanding and when a person pays the price, there ought to be some way to come to a conclusion that was pleasing to the whole neighborhood and something that was fair. As far as influencing the Planning Commission, in his 25 years on the City Council, he didn't think he ever tried to influence a Planning Commissioner ever, not that he could influence any of them. But it had always been his policy that the Planning Commission did their business and then when it got to City Council he would do his business. He wasn't there to influence them, he was just there to state some of the facts in their neighborhood. He thanked them. MRS. MARY HELEN KELLY, 46100 Burroweed Lane in Palm Desert, stated that she was just there to talk about the lot line. Ms. Campbell asked about the cottages and some of them were like duplexes, but many of them on their side of the street were separate homes, but some were with zero lot lines, the others might have some space on it and there might be one or two with zero lot lines on both sides. It was already there and she was there to speak in favor of doing whatever they could do to help the applicant. Chairperson Tanner thanked her. MR. MIKE PETERS, 46160 Burroweed, stated that he and his wife Paula have been there five years. They have seen the before and after, not just pictures, and they were very thankful the change had been made. They knew there were some things going on afterward, but it certainly improved the look of the neighborhood and they feel the value of the neighborhood because as they come into their street, which is a cul-de-sac street at the end, it is the first house seen coming in on their side of the street and it certainly looked much 17 �� MINUTES LANNING COMMI��ION SEPTEMBEQ � � better today than it did five years ago when they moved into the neighborhood. He had a few more things to say, but they were much more eloquently spoken by Mr. Kelly. He thanked them. MR. CONRAD KAUBLE, 46080 Burroweed Lane, stated that when they moved into Burroweed in 2000, the house the Toias now own was an eyesore. It went through receivership and was run down, the grounds were a mess and the pool was black. Since Mike and Marianne purchased it, they have done nothing but work on it and improve the beauty of their street. Their new cart garage was a continuance of that drive to excellence. Also, as a member of Shadow Mountain Golf Club, he appreciated what the Toias have done on the golf course side of their house. Situated where they are, they are not only the gateway to Burroweed Lane, but also to Shadow Mountain. Their efforts have improved both. There was no other testimony in favor. Chairperson Tanner asked if anyone wished to speak in OPPOSITION. MS. SUZANNE PRIDE, 46040 Burroweed Lane, presented pictures. She stated that in 1972, the Shadow Mountain Fairway Cottages on Burroweed Lane were built before the city of Palm Desert was incorporated. Thirty-six years ago the developers had integrity and the wisdom to maintain legal setback codes of adjacent properties in the same vicinity and under identical zoning classifications for safety, privacy, aesthetics and not to depreciate a property's value. On Burroweed Lane, sharing a common wall, have the privileges enjoyed and are not deprived of safety, privacy, aesthetics and the property value for the legal setback code has been maintained and enforced. There are two sets of cottages on Burroweed Lane that share garage common walls and there are eight sets across the street that share common living room walls. Mr. Toia's home that is the first home on the street is a single family residence. Yes, as they speak of their homes, which number one is not affected, there isn't anyone on Burroweed Lane that is affected by the building structure, the illegal building structure of Mr. Toia, except her home. Mr. Richard Kelly does not share a common wall on the garage or living room. Neither does Conrad Kauble, and neither do the Peters. She showed pictures of her home and her neighbors' home, the garage wall they share and pointed out the setbacks and privileges they enjoy. She stated that the home at 46060, the neighbor on the other side of her home, has a setback and then there is a golf cart trail. The 18 �� MINUTES RT PLANNING GOMMI�SION SEPTEMB R � � original designers 36 years ago never intended for someone that was sharing a common garage wall or living room wall to not have setbacks obviously for safety, privacy and aesthetics. Chairperson Tanner reminded Ms. Pride that she had five minutes and requested that staff help Ms. Pride with displaying her pictures. Ms. Pride showed a picture of an aerial view of 46040 and her neighbor at 46060. They could see on the right hand side where the setback is. To the left hand side of her home, because of the illegal structure that has been built, there is not the same privileges enjoyed. She showed the other side that shares the garage wall. As they could see, as the finro-sets only of the Fairway Cottages that share the garage wall, there were 46310 and 46340, they could see the golf cart trail and their setback, they could see their garages attached and then they would see the setbacks between the homes 46340. These homes enjoy the privileges of maintaining the setbacks from 1972 when they were originally constructed. The aluminum roof that Mr. Toia speaks of is not legal and was not there in the origin, nor was the gate legal either. In the origin, the only gate was attached to the back of the garage and the space was open without roof or gate. Ms. Pride said many people have asked her why she didn't see the golf cart barn being built and stop it. She stated there was a .juniper hedge growing and she could not see anything being done and when she removed the juniper hedge, which was very dense, there was Mr. Toia's pipe coming from his swamp cooler over the garage, over the illegal golf cart structure, draining onto her property. She showed pictures of the views she sees from her bathroom slider mirror, which devalues her property. Mr. Toia has a table saw and high-powered tools, high voltage tools in his workshop, which he doesn't mention on his variance. On January 3, 2006, Mr. Toia got a gate enclosure permit only, stucco to match existing yard wall. After that, he built a bedroom and bathroom that was not permitted. On 2/10/06 Mr. Toia got a permit to add 72 square feet, which was permitted. At that time he submitted a site plan that showed the bedroom and bathroom. Mr. Toia in the year 2006 built one legal structure and four illegal structures: bedroom, bathroom, workshop, cart barn. 19 �� MINUTES T PLANNING COMMISSION SEPTEMBER 2 Chairperson Tanner requested that the discussion be limited to the ordinance (variance) itself. Ms. Pride stated that the letters from the neighbors that Mr. Toia gathered were dated 1/10/08. An article came out in the Desert Sun disclosing that Mr. Toia did not have a permit. She wrote a letter and included the article and spoke with many of the neighbors; many of them who had even had dinner with Mr. Toia said they never would have signed anything if they knew this was not permitted. When Mr. Toia said he spoke with her in regards to his building plans, he never explained his intention; he never explained to her that there was a gate enclosure. There was so much building structure going on the year of 2006; one legal and four illegal. It was very overwhelming. He never mentioned that he was going to...that he had a permit for the gate enclosure and that then he was going to turn around and build an unpermitted structure. She never in her right mind would ever imagine that he would spend so much time and so much money and try to say she approved him building illegal structures, especially attached to her wall, overlapping. If the hedge was taken down prior to Mr. Toia building all these structures, she would never have permitted this, she would have come right to the City and requested a stop of such building. She was asking them as the only property owner affected by this illegal structure and the manner in which Mr. Toia has ignored the legal procedures in building so many unpermitted structures that have affected her property value, that affects the aesthetics of her property as they could see looking out her bathroom. At some point she did intend to sell her home and this greatly devalued the property of her home. Mr. Toia had an attorney, Mr. Robert Stewart, send her a letter. Chairperson Tanner asked if this related to the ordinance (variance). Ms. Pride said yes. She stated that Mr. Toia had an attorney, Mr. Robert Stewart, send her a letter with threats of blackmail and indicated "that the City of Palm Desert has already indicated a willingness to grant the setback variance based on the results of the property line determination." She had a copy of page two from the lawyer. Chairperson Tanner requested that Commissioner Limont read it into the record. Commissioner Limont read the highlighted portion: "As I stated earlier, the City will drop the need for a survey and planning commission 20 t� W MINUTES ALM DESERT PLANNINC GOMMISSION SEPTEMBER 2 �nnA appearance if you withdraw your complaint. If not, the Toias are committed to the costs associated with the pursuit of this matter to their successful conclusion. The City has already indicated a willingness to grant the setback variance based on the results of the property line determination." Chairperson Tanner thanked her. Ms. Pride indicated that the first survey that was submitted by Mr. Fitch's company stated that the property line was on the north face of the stucco wall, which meant that the wall was hers. The City rejected that survey and had a second survey done. She spoke with Mr. Page Gamer and he told her that the second survey indicated that there was a half an inch difference. She wrote Mr. Garner a letter requesting that a second survey be done. She didn't feel comfortable with the fact of how the survey was done. At one point when she picked up the first survey, Kevin Swartz told her as line 3 and line 4 contradicted each other, that Mr. Fitch had been "iffy' in the past and the City might have to pull his license. That made her very uncomfortable because she said to him and the origin of the survey, was there any way that the survey that came in could be underestimated or done improperly. He said no, it had to be a licensed survey company. Then that survey was rejected and a second survey came in that said it was a common wall by a half of an inch. Having the letter from the lawyer stating that the City was willing to grant setbacks with determination of the property line, this whole mess had been so convoluted. It was really unfortunate that Mr. Toia at the time that he did get his gate enclosure permit that he didn't then come back to the City as Ms. Limont said and get the permit. But then there wouldn't be enough room for the golf cart barn. She had a picture at the end of their cul-de-sac of the home that has a golf cart barn. To the right there was a lot of bush that had grown over, but there is a five-foot setback there. All the other neighbors are following the setback laws. She showed a picture of another golf cart barn on Grapevine on the Shadow Mountain Golf Course and they could note that they were following the setback law. Chairperson Tanner asked Ms. Pride to bring her comments to a close. Ms. Pride showed one other picture of the setbacks. She stated that she brought these pictures to demonstrate that all other neighbors are following the legal setback law. She showed a picture of Mr. Toia's home. It is a two-car garage and he never puts the second car in the garage. She made a drawing over the top and was asking the 21 �� MINUTES PALM DESERT PLANNING COMMISSION SEPT MR�R 9 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 exptained that the applicant now had the opportunity for rebuttal comments and asked him to keep it to five minutes. Mr. Toia stated that the survey Ms. Pride referred to and the comments made by anyone at the City, and Kevin might need to speak to some of the things that she just stated that he said, he didn't know that he said it or anything about the work being "ifFy'; and the comment about the half an inch, he talked to Mr. Gamer and his point about half an inch was that the first survey was done without a monument located at the sound end of the street and when a tie line monument was given to Mr. Fitch, which gave him the opportunity not to do two record angles, two 90° angles, and actually do the triangulation, it put the property line at the center of the wall as they found it and Page was quite happy with that. Mr. Toia said they did a count of all the houses on the street and clearly 70% of the houses, some of these pictures were distorted; some of the ones she showed with setbacks, iYs a single 48 setback which they were seeing, which was all he was asking, is to have a single 48-inch setback. She has it on her side of the wall. Seventy � percent (70%) of the houses on their street have either a zero setback or a 48-inch setback. Clearly the minority, 30% of the houses, had a double 48-inch setback. He hated to respond to these petty points one by one, but the pipe she drew going over the wall never went over the wall. It was a precautionary pipe for his swamp cooler that went along his side of the common wall, then turned a right angle and drained onto his wall, not down her wall. He didn't know where she got four illegal structures out of one, but that was the way she liked to count. This thing about the junipers being cut down and suddenly seeing it, every time she drove by his house to leave the neighborhood, which everyone on the street had to do, they could see the structure. She has been in the structure at least four or five times while it was being constructed. She hired the guy that helped him build the structure to build out her bathrooms for her. She talked about 90% of the people wish they hadn't signed the petition, but in the letter she wrote to the neighborhood, she asked them to remove their names. He checked with Kevin that morning and not a single person called to have their name removed from that 22 � ,r� MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 2 2008 petition. So clearly 41 people in the neighborhood stand behind what they've done with the structure and for the neighborhood. As he said, her objections have whip sawed around quite a bit. This letter he was going to talk about earlier, in this one letter... Chairperson Tanner asked if this was specific to what they would be voting on tonight with the ordinance (variance). Mr. Toia replied that it was specific to some of the issues she already made here, and he felt that even though they weren't pertinent to the setback, he felt that he needed to rebut them. Chairperson Tanner said wanted to keep this pertinent to the actual ordinance (variance) itself. Mr. Toia said he would rest his case then. He thought they heard a lot of testimony over the last 15 minutes that was not accurate and somehow they needed to read through that. He thanked them. (Ms. Pride spoke from the audience and asked to speak again. Chairperson Tanner said no and explained that only the applicant had the right to rebut.) Chairperson Tanner closed the public hearing and asked for Commission comments. Commissioner Limont stated that this isn't architectural, it's procedural, and it's a neighborhood, which makes it even more difficult, so they've got a situation where it's plain as day procedure wasn't foltowed, it's plain as day that there are disagreements with regard to how it architecturally came out and how it imposes on one neighbor over another. The difficulty is that she didn't think personally it helped anyone to say they needed to tear everything down, but on the other side of it, as was pointed out, they didn't want to condone building without permits. So they were really in a quandary here. They wanted to do the right thing for both people and they don't want to send out a message that it's okay in Palm Desert to go ahead and build without permits because all they had to do was be persistent and they would get it through the Commission. But she thought that what they had to do was try to come to some sort of conclusion to fix as best they could what was wrong from Ms. Pride's side of the properiy 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 -7 � MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER � � that they weren't going to permit it, where were they at that point'? If they do recommend approval and the applicant comes in and presents drawings and it doesn't meet code, it doesn't meet variances, then where is the applicant? Mr. Swartz explained that the applicant would either have to meet the code and build it per code or tear it down and bring it back to the original permitted gate enclosure. Commissioner Limont asked if we had that ability as a City to enforce that. Ms. Aylaian said yes. Commissioner R. Campbell read through all the material more than once and listened to the testimony and hadn't really heard anything new that wasn't in the five pounds of paper they were presented. Mr. Toia touched on it, but it didn't clear it up totally for him. The question he had was Ms. Pride wrote a letter asking people to disavow their approval on the petition they signed, but he asked if any of the people were asked to come to the meeting to support her, because he didn't see anyone. He asked if she just asked them or if she just wrote the letter and let it go at that. Ms. Pride stated that she did not ask them. She was hoping the City of Palm Desert law would support her. She could have brought many people here and they could possibly have been here much longer. She was asking the City of Palm Desert to enforce the law. No other neighbors are affected by this structure except for her. Commissioner R. Campbell thanked her for her answer. Commissioner S. Campbell noted that the case in front of them is talking about the property line on an existing single-family home. Since these are existing single-family homes, they don't have a common wall or a zero lot line. These happen to be single family homes. And it would be like her home, she has five feet on one side and five feet on the other. She would not be very happy to have her neighbor build an addition to his home that is right on the wall that impaired her view and the value of her property. It should have a setback. It was built without a permit. It was beautiful, she drove by it and thought it looked very nice, but it was not allowed to be there in the first place. So she was going to have a problem voting on this one. Chairperson Tanner stated that taking a look at this whole situation, this whole scenario, they look at what was there prior to the Toias putting in an enclosed cart barn or cart garage. He looked at it and thought to himself that had he been the neighbor on the other side or even a neighbor on the street, he thought he would have a very difficult time accepting an eyesore, and that's exactly what it was, but at the same time understanding we do have rules and regulations that we have to abide by. He was in favor of granting the variance with the stipulation that the two neighbors get together and decide on what it was going to take, within reason, to make her happy: the pitch and keeping things underneath that common wall, because from what 24 �� MINUTES ALM DESERT PLANNING COMMISSION SEPTEMBER 2 �nn� he understood, it is a common wall and there are other neighbors on the street that share that commonality with other neighbors. He hoped that if the Commission decided to grant the variance, that the two parties get together and work this thing out to a way where everyone can exist on that street with sorne pleasures. Had it been constructed with permit in the way it was constructed today, they wouldn't be sitting there. So they were going to have to go through the same process if the ordinance (variance) was granted. They would have to bring back to them, after meeting with the City, the plans to rnake the structure acceptable to the Commission. And at that time, again, if the ordinance%ondition (variance) was passed here, goes to Council, when it gets to Council she would have an opportunity to discuss what she wanted, again, when the plans are submitted. So with that said, he was in favor of granting the ordinance (variance) or condition to the ordinance to allow the process to go forward. Ms. Aylaian clarified that if the Planning Commission approved the variance, that would be the last the Planning Commission would see of this issue. It could be appealed or called up by the City Council, but it is not something that would return back, unless the Planning Commission chose to continue it for one reason or another. Chairperson Tanner asked if they would not have an opportunity to review the actual remodel of the structure or the rooflines. Ms. Aylaian said that was correct, that was done administratively by the Department of Building & Safety. If there was a question of aesthetics, it would go to the Architectural Review Commission, but it would not come back to the Planning Commission. Chairperson Tanner reiterated that would be because they conditionally accepted the ordinance change, or they have accepted the variance. Ms. Aylaian said the Planning Commission's area of purview is really the variance from the required five-foot setback for the side yard. Once that issue was decided, the Planning Commission's involvement was cornplete. Chairperson Tanner thanked her. Chairperson Tanner said based on the point of order, he thought they would have an opportunity to review. Mr. Swart2 said that the Planning Commission could put a condition on it that the structure would have to go back to the Architectural Review Committee if he would like them to review it. Action: With that said, Chairperson Tanner stated that he would restructure his motion and make a motion that they approve the variance and send the actual plans back to Architectural Review for their review and approval of the existing cart barn, but make it acceptable to the conditions of the City and staff. Commissioner R. Campbell seconded the motion. Chairperson Tanner 25 �a MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 2 nna called for the vote. Motion failed on a 2-2 vote (Commissioners S. Campbell and Limont voting no, Commissioner Schmidt absent). Mr. Hargreaves explained that a 2-2 vote is a non-action and failure to act, a failure to approve. In this case, it constitutes essentially a no vote. The applicant would not have the ability to appeal that to the City Council. Chairperson Tanner asked if that was the next step, an appeal to the City Council. Mr. Hargreaves said what they might do is just continue it until they have a full Planning Commission. He said it would also take a motion to continue it to the next meeting and the absent Planning Commissioner would have to review the record and then at that point they could act. Chairperson Tanner asked if they would have a public hearing on it or just the review and a motion. Mr. Hargreaves stated that he would reopen the public hearing and then continue it to the next meeting. Chairperson Tanner made a motion to continue it to their next scheduled meeting on September 16. He asked for a second. Commissioner R. Campbell seconded the motion. Motion carried 4-0 (Commissioner Schmidt was absent). Mr. Hargreaves stated that the record should reflect that the public hearing has been reooened and continued to that meeting. Chairperson Tanner concurred and reiterated that the public hearing was now open and they would hear it on September 16, 2008. Mr. Toia spoke from the audience and said that he would be out of the state on September 16. � Chairperson Tanner asked Mr. Toia to give them dates that he would be available and they would put it on the agenda. Mr. Hargreaves advised that it needed to be continued to a date certain or it would have to be renoticed. It would be better if they had a specific date. Chairperson Tanner said the October meetings were the 7�' and 21St and the November meetings were scheduled for November 4 and 18. Mr. Toia said November 4. Chairperson Tanner asked if that would be good for both parties. Ms. Pride stated that she has been waiting for a long time. Ms. Aylaian agreed that if it was possible to hold it sooner, it has been a prolonged issue already and in fairness to both the applicant and the neighbor, a sooner resolution would be better if Mr. and Mrs. Toia would be in town any time between now and November. Mr. Toia asked her to repeat what she just said. 26 �. �� � MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER �nns� Ms. Aylaian stated that if he was in town between now and November, it would be in the best interest of the neighbors and him to get this resolved, so if one of the October dates would work for him, staff would recommend not prolonging this issue further. Mr. Toia stated that he made financial commitments that couldn't be undone. Ms. Aylaian said it was up to the Commission as to the date they wanted to continue it to. Mr. Toia asked if there was a meeting before September 16. Ms. Aylaian stated that a special meeting would not be scheduled for this issue. Chairperson Tanner asked for suggestions from the Commission. He noted that staff was recommending that this get done prior to November 4, but he would entertain a motion or entertain comments. Commissioner Limont said that Commissioner Schmidt could simply listen to the recordings here and read the minutes to come up to speed on that. Commissioner S. Campbell pointed out that it was Mr. Toia who couldn't be here on the 16�'. Commissioner Limont wasn't certain if they were going for another vote if Mrs. Toia could be here. In fairness to both parties, Chairperson Tanner thought this needed to be presented as opposed to listening to a recording and reading minutes. Commissioner Limont stated that her only concern is that the Toias are out of town until November and Commissioner Limont said.she was gone the first meeting in October. Ms. Aylaian said another option would be to, as they did with the hillside application with Mr. Kuykendall, to send the issue to City Council with no recommendation from the Planning Commission. Chairperson Tanner said that was his first thought. Commissioners S. Campbell and Limont agreed with that. Chairperson Tanner stated that he would entertain a motion. He closed the public hearing and asked for a motion to move this to City Council. It was moved by Commissioner S. Campbell, seconded by Commissioner Limont, sending Case No. VAR 08-261 to the City Council with no recommendation. Motion carried 4-0 (Commissioner Schmidt was absent). 27 7� ���� � � � � � � � � � � � � � � 11 � 73-5�0 FRED WARING DRIVE '�� PALM DESERT, CALIFORNIA 92260-25�$ TEL: �60 346—o6ii F�vc: 760 340-0574 inFo@palm-desert.org October 14, 2008 Michael and Marianne Toia 46-020 Burroweed Lane Palm Desert, California 92260 Dear Michael and Marianne Toia: � Subject: Re4uest for Aaproval 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 Propertv Line for an Existina Sinqle-Familv Home Located at 46-020 Burroweed Lane — Case No. VAR 08-261 At its regular meeting of October 9, 2008, the Palm Desert City Council considered the subject case and took the following action: By Minute Motion, referred back to the Planning Commission for definitive recommendation back to the City Council. A copy of the staff report with City Council action stamp affixed thereto is enclosed for your records. If you have any questions or require any additional information, please do not hesitate to contact our offices. Sincerely, RACHELLE D. KLASSEN, CMC CITY CLERK RDK:mgm E losure (as noted) cc/enc: Kevin Swartz, Assistant Planner G�C�ryCtrklGlona Martinaz�Letters163-002?IanninglToia-VAR 0&261-100908.dx � �`e,uMrto rn�rcrnm aua n`�J ` MINUTES � REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008 B. UPDATE ON THE CITY OF PALM DESERT, PALM DESERT . REDEVELOPMENTAGENCY,AND PALM DESERT HOUSING AUTHORITY STRATEGIC OBJECTIVES (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY AND THE PALM DESERT HOUSING AUTHORITY). Councilmember/Member Finerty moved to, by Minute Motion, receive and file the Update on the City of Palm Desert, Palm Desert Redevelopment Agency, and Palm Desert Housing Authority Strategic Objectives. Motion was seconded by Spiegel and carried by a 4-0 vote, with Ferguson ABSENT. XVII. PUBLIC HEARINGS • � A. REQUEST FOR APPROVAL OF A VARIANCE TO ALLOW THE REDUCTION OF A REQUIRED MINIMUM SIDE YARD SETBACK FROM FIVE FEET TO ZERO FEET TO ALLOW CONSTRUCTION OF A GOLF CART SHED LOCATED ON THE PROPERTY LINE FOR AN EXISTING SINGLE-FAMILY HOME LOCATED AT 46-020 BURROWEED LANE Case � No. VAR 08-261 (Michael and Marianne Toia, Applicants). Councilman Kelly noted that due to a conflict of interest, he would not vote on this item and left the Council Chamber. Mr. Deitsch explained that Councilman Kelly owned�property within 500 feet of the subject site. Assistant Planner Kevin Swartz stated the subject property was located on the southeast corner of Burroweed Lane and Ironwood, north of Grapevine Street. The property was zoned R-2, 8,000; properties to the south,east, and west were zoned R-2, 8,000, and properties to the north were zoned R-1, 20,000. Many of the properties on Burroweed Lane were built under the County of Riverside, a combination of condos and single family homes. The Applicant's home was built in 1975, while the neighbor's home was built in 1973. In order for the Applicant to request a Variance, staff requested that the Applicant have the property surveyed by a licensed surveyor. The first survey did not provide enough information and was deemed incomplete. The surveyor worked with City Staff in obtaining tie-sheets and the proper information; the second survey determined that the property line was in the middle of the common wall. The Applicant's neighbor challenged the survey by submitting letters to the Planning Department stating that the County of Riverside had not accepted the survey. He said the City accepted a stamped signed survey from a licensed surveyor and noted it was not up to the City to establish property lines. He said if Ms. Pride wished to dispute the survey, it would then become a Civil matter between the finro property owners. The issue today was a Request for Variance to construct a golf cart shed with the required side-yard setback of five yards. When the Applicant purchased the 23 �� MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008 • om , w was later torn down. In 2006, the Applicant obtained a building permit for a . gate enclosure. Staff displayed a copy of the permit for the gate enclosure and described all the details of the shed and common wall; common wall height was 7'6", and the golf cart shed was 7'8". Later, the Applicant added a garage door, roof, and enclosed the structure without obtaining permits from the City. Staff displayed before and after photographs of the structure. The covered golf cart shed was reported to the City by the Applicant's neighbor, Ms. Pride. When Ms. Pride removed the hedge located on her side of the property, she saw that the golf cart structure had primitive flashing overlapping the common wall. If the proposed Variance was approved, the Applicant would have to obtain a building permit for the structure,the flashing would have to be removed, and nothing can be connected or overlapping the common wall in order to make the structure legal. He said the property line was consistent with other homes in the neighborhood; he displayed examples � of other homes in the neighborhood with a zero setback. In summary, he said the Applicant was requesting approval for a Variance to build within the required setback; property line was consistent with the neighborhood, and all findings could be made in support of the Variance. Staff was recommending � approval to adopt the findings and Resolution, subject to the attached conditions. He offered to answer questions. Responding to question, Mr. Swartz clarified the golf cart barn was not attached to the common wall, it was attached to the wall next to it; the only thing overlapping was the flashing, which will need to be torn down. Mayor Benson declared the public hearing o.pen and invited public testimony in FAVOR of or in OPPOSITION to this mater. MS. CONNIE CHADNOU, Rancho Mirage, CA, stated she wanted the City Council to exercise their authority and deny the Applicant's request for the Variance. She said the Applicant had already built the structure without a permit, and the Council must not reward or encourage the building of structures without permits. MR.SHELDON LUSTGARTEN stated the Applicant had approached the City with his sketches, and the City advised the Applicant for the need to obtain a survey and variance. He said the Applicant disregarded the City's advice and built the structure without going through the proper permit process. He said the Applicant was inconsiderate of his neighbors and showed no regard for the permit process. He urged the City Council to deny the Variance and not compromise for the convenience of one Appficant. MS. ROSE LEPAN stated she and her husband were residents of Palm Desert since 1976 and local builders/developers. They built 28 24 ��� � MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008 apartment units on ig way an severa omes; s. ri e was one o - -- their tenants for seven years. In all the years of building, they never had a problem with the City, because they only built what they requested, so she was shocked that this Applicant built a structure without permits. She questioned what the distance was befinreen structures, because it used to be four to five feet away from the common wall to the next structure. She said the City was well managed, and she was still very proud of it. She encouraged the Council to comply with the laws and disapprove what the Applicant had built. MR. DAVID HUNSICKER stated he was a real estate appraiser who worked in Southern California, primarily in Palm Desert. He said the Applicant added value to his property by building an additional bedroom, bath, and golf cart barn,which he stated was actually a workshop. However, by doing so, it took away from the value of Ms. Pride's property. In addition, since the Applicant wasn't paying taxes on the additions, no one was receiving a tax revenue. He observed the property and saw that the garage structure was above the common wall, which cut down on Ms. Pride's view. It also created a safety hazard and lack of privacy, in that someone could look right into the bathroom - of Ms. Pride's property, which violated the law. He was having difficulty understanding why the City Council would even consider approving the proposed Variance;the additions invaded Ms. Pride's privacy and diminished the value of her property. He said the City Council was being asked to approve a Variance by someone who had broken the law, yet approval would punish the one who was abiding by the law. MS. SUZANNE PRIDE, 46-040 Burroweed Lane, Palm Desert, CA, stated this was an unfortunate matter; all the neighbors were wonderful people, and it's been heartbreaking to see what's happened to the neighborhood. She said all the input provided to the Council had been from the viewpoint of the street, Burroweed Lane. She felt very little consideration was given to her family, her view, and the use of their home. She displayed photographs of her view from the backyard and bathroom window. She said the staff report indicated the proposed golf cart barn would enhance the value and aesthetics of the Applicant's home and his neighborhood. She couldn't understand how the neighborhood had so much authority over her property rights. She acknowledged this matter was also wrenching for the Toia's, because this issue had gone on for a long time and needed to be resolved. Referencing a letter dated January 17, 2008, she said Mr. Toia was advised by the City that he needed to obtain a survey and variance, and he disregarded the City's advice. Mr. Toia's response to the four-foot setback requirement was, "To decrease the width of the proposed structure by four feet was not viab/e,"yet he built a cart barn, bedroom, and bath without going through the permit process. She asked the City Council to deny the proposed Variance and 25 7� MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008 o iga e r. oia o ave e s ruc ure one e ng way so � - could have the same value as other homes in the neighborhood. MR. ROBERT M. CALDWELL stated he was a professional mediator and adjunct professor of law at Universities in both Los Angeles and Orange County. He said he was not speaking in a legal capacity but only as an advisor to Ms. Pride, who was a personal friend. He said he was a resident of Newport Beach, California, part-time resident of La Quinta, and frequent visitor to the beautiful City of Palm Desert. When he first reviewed this case, it was difficult to understand as an outsider. However, for the many reasons already stated, he was asking the Council to not approve Resolution No. 08-93. He pointed out this was not a proposed structure, but rather an existing one that was built outside of code and outside the limits of the permit process. He believed Mr. Toia needed to compensate for it in some way. He suggested both parties sit down in mediation or in some sort of required negotiation where they came to an agreement that would satisfy both in a win-win situation. He said for the Council to merely approve and reduce the Variance, would only be a convenience for Mr. Toia; and if not approved, it would cost the Applicant a lot of money to tear the structure down. He - reiterated that both parties should work out an amenable solution. He said his primary comment would be to not approve the Variance and that further consideration be given. MR. AND MRS: MICHAEL TOIA, Applicants, ` stated they accepted responsibility for their golf cart barn being built with only partial permits. He said there were also extenuating circumstances related to this issue, and he would like to cover them this evening. He said the initial golf cart barn was an eyesore, which posed security and vandalism issues, so he decided to replace the old structure in 2005; he noted Ms. Pride was equally pleased that it was being replaced. He said in January 2006, they met with City staff to discuss their intention to replace the entire structure and were advised that the wooden gate with a front wall and golf cart opening would require a five-foot setback, and that the entire aluminum cover would need to be replaced with a permanent roof. He said half of a roof wasn't an option, and they were disappointed with the prospects of being stuck with an aluminum roof that had been there for 25 years. They were told that if they proceeded to replace the awning after the front wall was signed off, whatever was done behind the wall would be their own business. They received a building permit for the front wall and proceeded to also replace the aluminum roof in January 2006. He acknowledged that they exercised poor judgment by completing the golf cart enclosure without the proper variance. At that time, ttiey also converted some space in the rear of the garage to an exercise room and bath; they have obtained permits for those additions. For two years after completion of the golf cart barn, there were no complaints from the neighbor. Unfortunately, in December 2007 an argument did occur with Ms. Pride over 26 �� ' MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008 an unrelated topic, and a few days later a complaint was iled. He a e t at� while the cart barn was being constructed, Ms. Pride visited the area during . construction at least four or five times, and she had nothing but kind words to say about it. Ms. Pride also hired the same worker to remodel he� two bathrooms. He noted Ms. Pride had full knowledge of the construction of the golf cart barn prior to its completion. He said since January 2008, he's attempted to remedy this issue with Ms. Pride and the City. He's appeared twice before the Architectural Review Commission (ARC) in February and March, and at those meetings, he presented a petition signed by 41 supportive neighbors, which represented 95% of the neighborhood. It was also demonstrated to the ARC that the golf cart barn design blended well with his home and others in the community. He displayed a map of the homes in. his community, and each home was numbered. He said home Nos. 1 through 14 were built in the 1960's, and home Nos. 15 through 27 were built in the 1970's; his home was No. 15. He said only 25% of the homes had a double four-foot setback, and 75% had a single-foot setback or were built directly on the property line. He said his application to ARC was approved on a 4-0 vote, and the approval addressed issues raised by Ms. Pride, such as roof slope, primitive flashing, aesthetics, and the need to provide a land survey to - establish a property line, which they agreed to comply with. He displayed a photograph of Ms. Pride's side view of her property,where there was a single, 48-inch glass window, an air conditioner, block wall rather than gate for access, and a swamp cooler toward the rear of the home; he said Ms. Pride took away her own access to that side of that house. He also displayed a letter Ms. Pride had circulated in the neighborhood, which stated, "We are ever so grafeful to the Toia's for their hard work, time, and money fhey have invested in theirhome; for fhis beautification is truly an asset and va/ue to our neighbort�ood." He said that she goes on to say that she'd like the neighbors to allow the families and the City to make this illegal stru�ture legal. Ms. Pride closes her letter, by stating, "No one is requesting that the Toia's nor have a golf cart bam, only requesfing to make it legal." He said he's spent the past 10 months working to protect the structure and property value--attended five meetings with City staff and officials, made numerous presentations, received a unanimous ARC vote of support and a staff report recommending 100% a�rmation to all the tests for a variance, spent more than $5,000 in application and survey fees, and provided overwhelming evidence of comrnunity support. He said tearing down the structure and turning it back into a carport would not benefit anyone, not even Ms. Pride. He asked Council to show some compassion in this situation and allow him to go through the permitting process to make the structure legal. MR. STAN SMITH stated he was a neighbor who lived across the street from the Applicant. He said he purchased his home around the same time the Applicant did, and the Applicant's home was almost a tear-down when it was bought. He said no one had mentioned anything about the increase in value 27 �c� MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008 � to the whole neighborhood because of the rep acement o e s ruc ure. e couldn't understand what view Ms. Pride lost, because the golf cart barn was • two inches higher than the common wall. He said many in attendance this evening lived on the same golf course and no one had anything bad to say about what the Toia's had done, because the house looked great from the street, highway, and golf course sides. � MR. FRANZ TIRRE stated he and his wife lived at 46-333 Burroweed Lane for the past 30 years and were acquainted with the neighborhood. He believed the addition of the golf cart barn was excellent and that one might believe it was there originally with the house. He said other than the problems with obtaining permits at the proper time, this was an excellent addition both in landscaping and architecturally at Burroweed Lane: He encouraged the Council to go down and take a look at the golf cart barn; he didn't think Ms. Pride had much of a view to lose from the structure additions. He requested that City Council approve the Variance, because it was a benefit to the street and all who lived there. MR. MIKE GHIDELLA stated he lived around the corner from Mr. Toia's - home, and he had a similar problem when he bought his property. His home had holes in the roof and on the sides, and he fixed it. His neighbor complained to the City because his roof line hung over to the neighbor's property. He found there were no permits for his cart barn, yet it had been there for 13 or 14 years. He worked with the City to obtain permits and a variance for the setback,which was one inch from the property line. He urged the Council to look at the before and after photographs and approve the Variance. MR. KELLY JUDD, Candlewood Street, Palm Desert, CA, stated he, too, was a member of the Shadow Mountain Golf Club, and as a member, the aesthetics of the homes off the course were always a concern. He noted he had many friends who lived on Burroweed Lane, and in this situation, it was ce�tainly a great improvement. It was unfortunate there was bad blood over this issue, but he couldn't see how anything would be gained in this economic cycle by forcing the Applicant to tear the structure down. He urged the Council to work with the Applicants to make it right and to approve the Variance. MR. MIKE PETERS stated he lived five or six homes down from the Applicant's home, on the corner of Burroweed Lane and Ironwood. He said at this�"point, all can agree that the cart barn was a beautiful structure, including Ms. Pride in her own words in a statement made at an ARC meeting, and asked that Council approve it. With no further testimony offered, Mayor Benson declared the public hearing closed. 28 �� . � MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008 ayor ro em piege s a e is case was roug orwar because Planning Commission had one Commissioner absent, and the final vote was 2-2. He respectfully requested this case be returned to the Planning Commission with five members present for a definitive recommendation to the City Council. He agreed with Mr. Caldwell, who stated both parties needed to work out a solution, and he hoped that could happen prior to the meeting with the Planning Commission. Mayor Pro Tem Spiegel moved to, by Minute Motion, refer this matter back to the Planning Commission for a definitive recommendation back to the City Council. Councilmember Finerty seconded the motion, and carried by 3-0 vote, with Ferguson and Kelly ABSENT. Councilmember Finerty stated she felt sorry for all parties concerned, because the whole neighborhood was up in arms over something that could have some agreement or understanding that would be in the best interest of all. Having served on the Planning Commission when the Council sent items back for reconsideration, she believed something good could come from getting a definitive vote one way or another but realized that whatever the - vote was, it may be appealed and returned to the City Council. She thanked everyone for getting involved. XVIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. CITY CLERK None D. PUBLIC SAFETY o Fire Department None 29 �a � � INTEROFFICE MEMORANDt1M 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: J u ly 16th, 2008 Subject: CUP 08-261 46020 Burroweed Ln I have reviewed the information provided and have the following comments: 1. Project must conform to the current State of California Codes adopted at the time of plan check submittal. The following are the codes enforced at this time: 2007 CALIFORNIA BUILDING CODE (Based on 2006 IBC) 2007 CALIFORNIA MECHANICAL CODE (Based on 2006 UMC) 2007 CALIFORNIA PLUMBING CODE (Based on 2006 UPC) 2007 CALIFORNIA ELECTRICAL CODE (Based on 2005 NEC) 2007 CALIFORNIA ENERGY CODE 2007 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE 2007 CALIFORNIA FIRE CODE 2. All contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance per Palm desert Municipal Code, Title 5. 3. All contractors and/or owner-builders must submit a valid Certificate of Worker's Compensation Insurance coverage prior to the issuance of a building permit per California Labor Code, Section 3700. 4. Illegal additions/alterations must submit 2 copies of as-built plans and pay an investigation fee. An inspector will verify if the structure can be permitted and may require corrective action. The applicant then must resubmit 2 sets of plans incorporating the inspector's correction items. The plan will reviewed by a plan checker for compliance. Further corrections may be required at this time and then must be addressed by the applicant. When the construction plans are approved then a permit may be issued and subsequent inspections to follow. G:\Planning\Kevin Swartz\Word�Var 08-261 Toia\Builtling Conditions.doc �� f ,_ � ;� �. - CITY Of Pfll f�i D ESER 1 �. i 73-51 O FRED WARING DRIVE I PALM DESERT, CALIFORNIA 92260-2575 I rFLs 760 346—o6ti IF�x: 760 34�-7098 i n fo@paJ m-d eser�.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, 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 ZON_E: 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 pro pe r t y line; 3) o b t a i ning lan d 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 responsibitity to submit the plans approved by the Architectural Review Commission to the Department of Building and Safety. � .,>rrctc:�ifo�dc r�m r-� �J �� �_� ��,, _ � CItY Of � � „ l � DESERT I73-5�O FRED WARING DRIVE IPALM DESBRT, CALIFORNIA 9226p-25�g TEL: 76o 346—o6ii I I Fax: 760 34i-7oq8 IinFo�palm-deserc.org March 11, 2008 ARCHITECTURAL REVIEW COMMISSION ACTION CA_SE_N_O: MISC 08-40 APPLICANT (AND ADDRESS)• MICHAEL AND MARIANNE TOIA, 46-020 Burroweed Lane, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Finai 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 cteaning 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 Buifding 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. � ��m��n;o c�nnc.�c rw� O CIJ ARCHITECTURAL Rt� dV COMMISSION '� . MINUTES MARCH 11, 2008 A. Final Drawings: 1. CASE NO; MISC 08-40 APPLICANT (AND ADDRESSI• MICHAEL AND MARIANNE TOIA, 46-020 Burroweed Lane, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Finai approvai 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 concem regarding the undesirable appearance of the exposed metal flashing on the top of the front wall of both the garage and the golf cart barn. He explained that both the garage and the golf cart barn's front walls were originally trimmed two years ago and the top edges were trimmed with 90 degree terra cotta etched tiles in order to match those already existing on the pitched portion of his roof. The motion detection light has been replaced with a light fixture that matches the other light fixtures on the home. The original plan drawing of the height of the front wall in relation to the common wall called for them to be alike, but when they began to construct the wall they intended to incorporate a 4 foot by 12 foot beam which protruded from the existing garage. To maintain a consistent roofline of the golf barn parallel with the existing garage line, it became aesthetically necessary to accommodate the extra height. This was addressed with the field inspector and incorporated prior to his approval for building final signoff. Mr. Toia removed the downspout in the gutter located at the common wall. The gutter previously located at the common wall will be moved to the edge of the main garage structure. This will catch and divert 90 percent of the rainwater from the pitched roof of the house and flat roof of the two car garage. The remaining eight feet of roof section over the golf cart barn would then be re-foamed to divert the water away G:'P�,�cr�r,��aru�e J�ayW�;ra rl'�rs�ARC lAinWes�2CC8'�RC0C317.�9cc Pa�e 2 01 �4 �,� , j � ARCHITECTURAL RES.� .UV 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 seasonai winterizing of the swamp cooler, when brought to his attention he removed it in December. In a letter dated February 11, 2008, Ms. Pride stated that she wanted the flashing removed that overlaps onto her side of the common wall. He presented photos of the flashing dated January 2008 and photos taken this moming. 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 '�.'�!��'�r.,��','J�rce:�dy!WcroF:e;'ARCf.t�cules�i0G8�ARC8031;.�p� Page 3 of 14 �� � � � � ARCHITECTURAL REY��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, Attomey 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 frorn 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 deterrr�ined 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 concems, 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 i:.'Pianr�,:y'.;ac�r.r Juuy�YVora F�'�es`ARC Mir.utes�2GC8�ARC8C371.dcc Page 4 of 14 `^\v\ v , � ARCHITECTURAL RE�,_dV COMMISSION I' � MINUTES MARCH 11, 2008 still in effect. The preliminary title report shows that there are easements on Ms. Pride's property and assuming on Mr. Toia's property which are of record but have not been mapped because these are old easements that far pre-date the city charter and all done under the county's rules and auspicious. Something that should be considered in forming their determination is the fact that the wall and the structure attached to it might make the title unmarketable when the applicant goes to sell it. If the Commission decides to approve this structure, they would request that they attach stringent conditions to this approval. If this wall is not built in such a way as to be able to withstand the weight of that structure, we have a big problem since there is only four feet between the wall and the applicant's bedroom. They are respectfully requesting that the Commission consider the written documentation, the photographic evidence, and the oral arguments, and deny the application for approval. Commissioner Gregory asked if there was anything bearing on the wall. Mr. Toia stated that it was an inner wall. Commissioner Van Vliet stated that he originally objected to it for numerous reasons. He thought it was too high above the adjacent wall and he didn't like the way it looked from Ms. Pride's hause. 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. Cornmissioner Gregory stated that Commissioner Lambell came in after the meeting and listened to the recorded minutes. He asked for her comments. v.�P�arr.cg��ar,ine�uay',Vcra F�;es'ARC Mirutes�20GBV1RC80311.ticc PagQ �j �f �4, �� , � � _ �� � ARCHITECTURAL RE�._W COMMISSION MINUTES MARCH 11, 2008 Commissioner Lambell stated that there were four major issues that she was concerned with: the flashing on the common wall; the downspout drainpipe; the lighting; height of the common wall; and the height of the interior wall for the golf cart bam. 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 Cornmission'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 aestk�etic 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 tine; obtaining a land surveyor for property line location, and continuing the tile on roof. Ms. Sherman stated that it was important to bear in mind that the roofing exceeds the height of the common wall so if the roof is made higher it will create more of a problem. She requested that the Commission keep the applicant's rights and property rights under the City code in mind when approving the request. Commissioner Gregory stated that this Commission is a subjective review group, not objective. �.'Planncg�,;ac�ceJudy�Wua Fles'ARCMinutes120GB`,ARC8031'doc Page 6 of 14 t�i ARCHITECTURAL R��__W COMMISSION ���� �� MINUTES MARCH 11� 2008 Mr. Toia stated that the common wali 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 two existing gas pump canopies, and install four 33-inch circle logo's on new canopy fascias: 76 Gas Station. LOCATION: 73-801 Highway 111 ZONE: C-1 SP Mr. Bagato stated that this was a request to reface two new existing walls signs and installing a three foot fascia on two existing gas pump canopies. They initially proposed to replace the pole signs, but staff informed them that the code states that if you change something that no longer meets the code they would have to come down. The applicant has decided not to make any changes to the poles at this time. Mr. Swartz stated that they wouldn't be redoing the poles at this time, so they will not be coming down. He stated that Sign C and D were fading. One says "Auto Care" and one says "Quality PROclean Gasolines", but they will reface both of the signs with "Auto Care". Commissioner Vuksic stated that it was the same basic sign. Mr. Kevin Parker, representative, indicated that those �.'.F��ann,c,�Jar.�ce Juay:'�Icra F�',es`ARC,UinutesU^.CCE'ARG8031 Ldoc Page 7 of 14 �� ! . P ' �}: �y City Of P111'1'1 DeSel"t � Department of Community Development VARIANCE APPLICATION 73-510 Fred Waring Drive•Palm Desert•Califomia•92260•(760)346-0611 • Fax(760)776-6417 ApplicaM: �� - ����,�+�J�l/k Q—/,F4 t�1��, TQ! � Telephone: ��oa� � -y`�l �- Mailing Address: �`�04"LO �u���--° �i� �-��- Fax number:�5��'I Gf � City: Q�'t-� c��s�Y�--( State: Cak Zip:��26pEmail: �'l J Ta!� � t=7k R-i�E �-i��-.tJ L=6( Property Owner: �� � � Telephone: Mailing Address: mber. City: State: Zip: Email: Representative: ���� Telephone: Mailing Address: ax number. Ciry: State: Zip: Email: Piease send correspondence to(check one): �/ Appiicant Property Owner Representative Project Address(s): GI�A'h'l� ��- �-�s7� V�.- Existing 2oning: General Plan Designation: Pt���R���$o� P�i�Tl��L`�' PE,R�I i'7�D c�v�j c,9/�.7 �,��! vll f T!f 11� S�'T- ��LJ�. . ,r a .Q� ` � � � �f� � ` / s �� �Q�� � � 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. c �t cc��-r�_ �:'—r�pi� 6 20 0$ Signature Print Name Date Applicant / Representat 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 c�ditions of approval. t Signature Print Name Date OFF/CE USE ONLY PROJECT NO: VAR DATE: ACCEPTED BY: �� r" City of Palm Desert Variance Applfcatfon 1. P R S : A va�ianw from the tertns of the zontn� ordinance may be granted g�y when. because of special circumstances applicable to the property, including size,shape, topography� location, or sumoundings,ths strict application of the ordinance would deprivo such prope�ty ot privileges enjoyed by other proparty in the vicinity and under identical zoning classiflcation state law prohibits the grarrting ot a use varianca. il. SUBMITTAL REQUIREMENTS: 1. Complete application form filled out with required signatures 2. $2,915.00 Deposit Application Fee. Costs to process the application wiY be charged against the deposit until the development case is closed. Payment for any charges incurred in excess of the initial deposit will be required prior to final ac�on. 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 acxurate scale drawing of a site pian,floor plan,and elevations indicating: III. PROCEDURE: 1. Submit a complete application with a8 sets of required plans and appropriate fee to the Departrnent of Community Developmerrt for staff review. Statf will review the application and determine if it is complete within 30 days from the date the projed is submitted. The application will not be processed if it is deemed • incanpieb. After the application is deemed oomplete, the project is circulated to other City departments and local agencies for comments and conditions. 2. If necessary,Application is presented to the Architectural Review Commission for preliminary review of ths site plan,elevations,floor pian, landscaping and color mate�tal samples. 3. Staff will prepare a written staff repo�t and the project Is scheduled for Planning Commission (meetings held on the 1� and 3nd 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-day appeal from the day of a decision taken by the Planning Commission. If the project is appealed or calied up for review, it will be scheduled for a public hearing with the City Council (meetings hekl on tf�e 2nd 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 Pianning Cornmission decision and approximately S to 12 weeks after the project has been submitted. 4. If the projed 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'/s"x13" (scaled, 11"x17" size plans may be substituted if appropriate). A complete set of drawings include: � Site Plan _�Architectural Elevations � Floor Plans � Roof Plan One(1)full size colored site plan and elevations Digital files on CD or other electronic format of all plans • Two(2) copies of a typed listing of surrounding property owners. �Two(2} sets of typed, self-adhesive mailing labels for adjacent property owners within 300' of the project. 2 �� , City o�Palm Besa�t Variance Application • One (1) set of Assessor's Parcel Map(s)ibustrating the subject property and the surrounding property within 3Q0 test Draw boundary of subjecf property and 300 foot radius in red. Compiete Supporting Data questions is Sedion N V. SUPPORTING DATA: 1. A variance from Saction(s) of the City's Municipal Code to permit a: � � 2. � What paficular difficu�ies or unnecessary ahvsical harcJships inconsisterrt with the objectives of the Zoning Ordinance wouid re�It if th�a ' r were not q�ntSE/1!T /QLI T /S }� O 1 Gl i/ s � � A s ��e �,v� �-�v� N���n r� 1M��c� Tv au�e ��v r�� va�F . 3. • What excep�onal or extraordinary arcumstances ar cond�6ons property that does not apply genera o other proper�es in the same zone? �, T�} o�2Dirl�4RY S �p Z'c. � . 4. � To what extent would the strict or literal interpretation and enforcement of the specified regulation deprive MH11�K �l"U�/t�3y DbAlt�UW���l CC ( l-f�th �C�I�i(��}and�ne? G� r 5. • To what extent would the granting of this adjustrnent be detrimental to the public heaith, safety, or welfare, �o rr�tgrially i 'u�ys�to pro erties or im �ve ents in t vicin' ? P ,� �J Y I e.� / � I�l�12S, ft1:, �D��.l PP0�2 i �R�iy �lF���,�• sE��nc�, c t �xas�r c N 6. ' Proposed use of the site (project for which the form is le ; escn e t I undertaking, not just the iu��nO��cat�Gr�a'�.p.'a���t1�lQ�9 t�� iF 7. Gross Project Site Area: 8. Net Project Site Area: 9. Existing use of the project site: 10. Existing use on adjacent properties: (F�cample: North, Shopping Center; South, Single Family Dwellings; East, Vacant, etc.) 3 , �� r City of Palm Desert . Variance Appllcation NortFt: South: East West: 11. Site topography(describe): VI. PROPERTY OWNER INFORMATION: The appiicant shaN provide the Department of Community Development with two (2) copies of adjacent property owners and thei�addresses for all par�cels within 300 feet of the proposed conditlonal use.The two(2)lists shall be typed on self-adhesive mailing address labels. The i'�sts shaY also indude the owner of the property under considera�on.These property owner names may be obtained in one of the twa following manners: o Contact a title company and request they that fumish you with a list of names and mailing labels, for which there wiU probably be a fee for the lis�t. o You may obtain them yourseif in the following manner. ■ Secure from the County Assessor's Office parcet maps covering your application and all lands within at least 300 feet • indicate the area of your request by a red outline on the parcel maps. • Delineate,in red,all property within 300 feet of the area of your request. � From the parcel map� make a list of book, page, block number, and parcel number within the above 300-foot area. ■ Using the �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 street(s) and width(s) including: centeriine, median islands, parkway width, and sidewalk(s) dimensions 4 �6 �. , 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 ovefiangs) 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 inctuding: G�oss 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��uS�'Y Show height of new structures from Finished Grade to highest part of the strvcture, the roof parapets, and ����E� each floor. J�N D Show screening for all roof-mounted equipment 1 PPRove a Proposed signage/awning location (if signage will be on the building after it is built) g`� �� Cotored Elevations, rendering and/or perspectives(separate sheet) �• �•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 Palm Desert Variance Application OWNER AND/OR OWNER'S AUTHORIZED AGENT AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF PALM DESERT ) I, (we), El� �- �'Tt�I� being duly swom depose and dedare to the best of knowledge that the (my/our� foregoing is true and correct under the penalty of pe�jury: EXECUTED AT: P�� �ES E F�-� G/41.i T • (CITY) (STATE) DATE: C�7 ZO � TJ (MONT (DAY) (YEqR) APPLICANT, OWNER AND/OR OWNER'S AUTHORIZED AGENT: M tGN�4�. 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J1 1.,�� •����r� ''• \ � +y' �; � /� r 'g r{p ✓ S s}�,��c=c.�..�-».�.�5!�'•' __�-s �� ��;� �_ �r�n:,� .�7l � � ��.` �>`� '=�� : �_�,. � y �, �; � ,. � . , ��/y 1/9 t.,..L'.` St�. �� 'I i , ' ` COUNTY �U�a�Y4R S ST���►aENr �, .�"�,�. , ,,, ,, ' � ,,, :, il'i`. �'�'�d �^E;;�}'G .YS,�.'«. rx`rat:l r:1 Gx.i^'1"N^tfs` "'�'" x''r� ' , � �° .- : � _a� .._.__._. _ k . `. ,} `,k. r;"r t � ^� � � / �,t.zt `;f+•�� �' --. �� . _ , .., _. .._.._. � c , _- , , .,; � A � t: . .- �" .. {.'C! [;erc.a.t+t E','3��`:,y ��."�CtiL�* ._ '. � F r„ Caur�ty Survcyor's Ce�rnmont _,, .. ',ei�.+ t :;1;` a., , . �� L O CR Ti�,1/ S��f,�-!�r.v,E L OT; � TR•�C 7� IVO .3862 � � h f J � /R�/V��QO ST��E r � N d 9'�sf'�'.�S".E ._ h � �/7�YD'.,�.�•,y 2 /7�d.O,�R � � _ � 8.�0.�G 'i? � 9/7•'S�8�' 8�n•�9M 9!?•63/'� q � i 3.5.M.h� � � . � � � � -.'� �v � e a � ° �v � o � � � � ` . � .� � v �n � sc'.,�c r�i:'�( •rti�;�o/Iti,;-�� �Z °+ `,l . � � ,� � N�f� n vc4: :J�4,��:�' � s, E � _ �r'�,•�r,7'.i,;�.S/t'dd.(.9 ;� ,� 1 �3C�•, f; /NE �: cT r N. T: ,� � � � ':OG' �� y � 2�J', r` ,''i��o/.f'G��"..`_ � � � ! � 4 � � !✓O T_'' �, � •� PR GP�R T Y L /,�� /� .�T ;.r!.- � '-� � C.�'N7:r.<� oF�X/Sj'lA/G �, 1�t/�l L L . 0 � � ; � �__. _._ -- _ _ =J;�`1 _� 2 ��� � ����_�������� From: Edwards, Ray— PFzt,.����'°��- c�4. -r�=��-- . NUt� 1 3 � To: mjtoia@earthlink.net , tt .,�,_r-,,�_��,r'.L:�TLrP?i.��fs.E?�T Cc: billfitch loba1101.com ,p�j��j,T"r� L @g C?��`1���I'ALMDESER'i Date: 11/13/2008 12:42:51 PM Subject: CR08-0411 Michael: The attached CR has been reviewed and is approved as shown. Please submit the original , wet signed and sealed for further processing. Once received said document will be submitted to County Surveyor for signature and filed. Ray Edwards /do`L ����� c.�.� as� � �� °� �i .- f3�o . CORNER REGORD ������� � �y�R�r1,,, n,vi-.Q�t ca�►ty at River_sid � ,celFcoR+ia e�;�� o��1.s�Lf T�Ac r n�Q 38� �vr� 67 �� . . . - t yi.Ei� ����z g r-�-s �-�- _ nPn�6�0/a0 -OZ3-.� o�p�� 000non�►�s ► � a�nd � � �(� � c4�r� � p� � E Maendex ❑ __��_g_ � � �.,. ❑ � �o � ❑ � oace ot s�,rvey�8./B� n,wa9 � en►. vat.o.r.rc He�rn�O w►wee O � (�,duae: sec.Yww,�.��ian or pac�tw� al�s.uNts c�e�ic ❑ �mperiel ❑ �o�-- ���❑ ����o �o ��a �o � tdeMilic�tCinn anQ tYPa ot aomer found Evidenca used eo ident�/a'Pro���w es�blieh itK�rr+sr. ` � 3 '�P�voTA OrV 4-�ALC�PT.EOAS iivr-p . � 5.5.M�• s,�r �i2oss a .�3 fd �1.�"�P��/o i�'rA��Fn � s �3rz PP�- r-R o� -a��� tr � CQ '4���-s,�An�/ !1A/ n /�TA6G«� �- � ���L P IZ T/� T-I2 f - 3 ..SET TA K�`F' / �'7/ o�lrs/RR �inliriP'`ArR GHTANGLF . A de6cciptinn af the phY�cond�ion of the monwnent as tound and as set or►s�e� ._ At��. .�t/1[a1t/Uit�1,��T5 HTL :•r .-.�.�� .-�,�.►rn1 rIQA/ - SURVEYUR S STAT'ElIA�CI' � ../� .�"I:.�:^,'Y �.•.•�:i•��� ,`'T- This Comer Fiecord was(xePared bY me ar under my dire�on in oor�toctssance wilfi _+"';�;a;;`%;"��:�;y�'K:.� ��,�,; ' ^.-=�'``•� �:�•� .�B.E•Q � a_oas� �_�;�., { ��.,'�%`..; the lar►d SUcveyors'Ad on �,S.E.��F� �J.--�T''� . -,�„�, -�� .�+ -; ��;�:. Signad �•�� -- � ��.�'� ,- k8 ar R.C�E t�lumber j..?'�.�-.L—_. �/���?a► c.��'�,%.•`{ - - i"'�y,EXp 3 �t�p9 '„�� COUNTY SURVEYUN'3 STA'�li�R :. C�� ' .�•�_`��.'��Gli Q��` �` Th"is Comer f�ecard w�s rsceived and exerruned "r ��� ' E'NGIttF.�- �1�.1:fi` .:;� � ^ .�,fr�, l`��t. r and filed ''\ `�; ��•-� . ' . . Signed �G�Y�Y 3sn+eyor Cow�ty Stlrveyoi'a Coaunent _a `��.'''}_� ':! 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N � � _ � �t �, N .°' � � _ � � � � � a s� � �.a' � .l��- ���� �� ��d � /�� , � � �� � i ��� � ��C..t S� r N� .� r�(���i"UR,� � � , ��[STf�1i� �T�f�t C?�tQ� - . _ . - . _ , _ � - — $ . , � �, �„ � � f � � n � n � � � z �v � - � � � � Z . � : E 1 S+ �--�..._ � . �. �� �I �'� ; � � J 11� ----______ _ __ T � ( S�T( �IC� M l4SD N i�l�`f ul�L..L. � ,o`� .� S.�Zonlv�o a� ��,.. , - � L ���� � '°" � �� � � ��� ...� 1 1 l 1 I � ; l � 1 � � � 1� � d ' � �� � � � ' - � _ � , � G �i �, N � , � � �_ � � � � �� ) . � , � � � , � ' � , � � � D 1 �.. _ ;- � - 2� ` , � i �1 V) � t� �'.� � , � ..�, � � '� a . - � � � � � �' � �-� � _ � : ��� ����� ���� ..._ • ,_,X, ,► _ _ . o,,� _ _ � f i �,�,.� � �.� � r _., . _ ,� .� ��,a__.____ _ �^ . . �. .�. �- /d I � ���t � k ._."� �„`'.k��s, � _`_� k_r c:"F�c- b,��ji�`o�'-G t^e`,' �f�,.�'m.�f.m%p� t F s€- _€,,,_� i C t �� ��� �i� � �� /t g Q�.`�wo o D R o o�' s 4�e.F'•qC�c' �. X� 3v t s�- F�RAM lNC,� z u����s �r j�ea«F',� �a o�i�ry a,� 1�'� e�r��'��z�� A e �--� , �eZ i. ��R� j -- --�- -_..... . . ...,..M , . ._._.. .__ . . _ . � � ..__. _.._'.__ ______ ' � � 2.}C(o �-�T>C¢E.�2 ��fl�� � 3 1 x � � o� � � `"1nE7,� �o is� r-�o�s � � �� o � �,� ; �.x � ��.��� o a � � C�� 16�' G��.t?�.iQ..t►� rJ E ,� t � � Z x � + i h l.1:� ' � � "i'�-�'"�P MN p a��. 'PL�-�G � � � W . --- __ ---- �� c^.. ��' �f � E�� _ �..�C � i�AGt'E� �L.A'T'� ��M F[�t. �1 S T t-4�►at G?C�ttS � � � � � �` � 3 , � � ��( f� 3'�o I s�' o a � t6" cE+��e� �-�ae � a N. � � 2X � F �R� � � 8t�c K S � �.��� � �"p��TS• �' N _�*�� � � �.� \`� Petiiion in favor of the Toia galf cart bara To: The�ity�f Pa1m Desert Architectural Review Commission Regarding: �n the'matter af the T'oia g�rlf cart barn loca#ed at 4b02�Burroweed Lane,Paim Desert,Caiifornia.922�4 . Statement: We �re the neighbors of MichaeI and Maria�ne Toia and have witnessed the trans�ormation and beautification of their property over the passed fe�v years. We believe tbat their improvements have been tastefully and pr�fessionally.designed to complime�t their own hame and#hat of#he community. We are specifically aware of the golf cart barn canstructed two years ago and locat�ed a+djacent to the main garage. It�s a very at#racti�e additio�,integrated with the egisti�g structure so as to appear part of#l�e:original design. Consistent with many ather homes in#h�neighbnrhood,it is built on the property iine. We uxge the Paim Desert Architectural Review C�m�nission #o apprflve this s�cture. ; 5igned in concarrence: Signatare Print Name Ad�iress �,� � > � � ��-�i�.�f/f� ���� S`'�y/��'�%�'-c��� ��'i.� . `,� ,-�� - � �•T>� P" - . � ,- r.z,�.,�- - ; ��� r w': L � �`� c2� �Z�� � / '� r" - t e: `��Sc�7:�v►:r-�r�e.: - �.s�� ��z�C7 . i .� . � C��U - U �,�`< <. � .��� � � � /� �� � L4:'� '�� V1'"'fi'Ut..� :C� L..�� �a��i� � � ea,�f'�+�/� �� � ' H- :�. —' .e 5��.�3 0 ��:.�1. �1 a �� c ---�-' �., � �m�- �� ��� 8�1�,e� ` ��.i�` �a a�� ; , ;..-�� , .. ., , � ZZ� , _ �,._. � s: , �,, y zy.� � `�i�',�c.'� `i]uf2�".i iJ y �l,j `� �2�'Y� -� G� � £'� 'f2 .0_ '� ��,;��� r ` r1' t:�c�tJ �`7� � - - .,� t ��j' �� '�� ; �2��� � � � . � ;� �f�' ���= � `��l,G i���l�'`•E .:� „�, •.-- ��iro'��� _�UL.. _ � �E �..G:\ '� ��"�et(? ��-�'v-�v�_f;G �� �� 1a � Petition in favor of the'Toia golf cart barn �`o: Ti�e Citv of Falm Desert Architectural Revie�v Camffiassian 12egarding: In the matter of the�'aia goIf cart harr� located at 46020 Burroweed Laa�e, Palm Deser�, �alif�r��a 9226L Statement: �e are the neighbors of 1!'Iichael and l�arian�e T'oia and ha��e wifiessed the fr�nsformation a�d beautificatian of their property over the passed feiv Years. We believe that tbeir improvements ha��e be�n tastefuIly and professianatly d�signed to complimen�their own �xome and that of the community. We are specifically aware of the golf cart barn constructed two years ago and lacated adjacent to tl�e main garage. It is a very attractive addition, integrated�vith the exis#ing structure so as to appear part of#he original design. Consistent with ��ny �t�et'hpm�s i� t�te nei�hbot'hood, it is buiit on the property �ine. 4�e ur��the Paiz� D�sert Arehitecturai Revie�v Comrnissian to approve this structure. Signed i� concurrence: S�gna�ure Pr�nt 1vlame Address :�'ir.��+;� •J �`� 7�`".-�-�_. U"�(L4 " /�;��-�_� `/�r1Lnr7 �i.�l�L��7Z_��'f=t.z� �� . ��;,.«�I� F}%T�,� �;'c..-�/=�'..� P��_ �� �i�iE� �.�% r�,j -,,,,,�,,.-/ �y,,,, t �'�-�'...e�,.�.` l'"/�-� f�ts'�c�.�fct., �./�y��--y '��v L��+ � .�'Lt�L2c-t��.�'�v'�� • __------ c���--C—� , Lt/!/1`l�r�r —�� �3'f L� `�C� C.O "�,�.�-�::�,;�e�,c� ,I..F�i_! �/�- . / /(� i '1 I T/1 F �� ' �� .c, ��1.&. !�t' `'f�rz. /4� ri't�� �'E`�F �- u �-�c�'- � ; � �.i,�. 1�?G a��� .-�-�5- /' .c � r, , .� ,��� :��i�� c:�' f.�,'> -�P.,�cE=�� ,c : .��i.' - � � i c l �jl,/ ' 7 _ �t.�'v 'i C G.'-�'d--'� "C'T•`J� LL.+(�i�C�Li C�C%s�. �;.s-.� � ��;�-- ;�� t�—"�?��✓ �.t7 �(`f-� �����..',rl�c�'Z.�J L..:A-' 7 Rn l • �ti L_�'7�...T �l . � i.� �- � !1 � f � 1,�vl'tl iti� a�-L,�[.�_:' ,7.�! 1 (`j'd�� L. < l.Lii C=�i �-,/`J�`J k h i �e�'"s'u' " \ J '� } ;�C?�_%Q /G��. — ���.3 <�✓[iL�'-tz.-t'��Z,%j� , � ��' � , `� �'1 ��� 4 ".�,, •'.,� / '�,,,L , 1 � ��� �--'� , � �'�titian in favar of the Toia g�if cart barn To; The City of�alm Deseiirt Architecturat Review Commissinn Regardixtg: In the mat#er of#he Toia gotf cart barn located at 4bQz0 Burroweed Lane,Palm :Desert,California 92264 Statement: We are#he�eighbnrs of Michael a�d 11�Iarianne Taia and have witnessed the transformation and beau#ification of#heir property o�ver the passed few years. We believs that#l�eir improvements have been#astefuily:and pxofessionally designed to comglunen#their own �ome and that of the commnnity. We are speci�cally aware of the golf cart barn canstruc#ed two years ago and .iocated adjaceut to the main g�rage. it is a very attractive addition,integrated with the e�isting-stru�ture so as to aPPear part of the original design. Coasisten#with �aany oth�t�hom+es in the neighborhood, it is bui�t on the prc+�eriy l�ne. We urge the Palm Desert 1�.rchitectural Review Commission to approve this :stru�ture. Signed in concurrence: :�ignature Print N�me Address � � � j� �' t ��� �� }'_o� �aa� 5-<< � ,�,�. �''`` � ` � �� �l��tt S'� �'irr ..G? �C� /�' ` r4��`i`--Y <. ��j �-�"£��ce�1 L.��'/ I�..C"'-��-� J1 -73� ��'-`" Y,. �I S�1 � �;� � � ��-1 b5 i3������ �.i� �7� �=� � � - �p�- � � �- -� � _� ,..r� � �a .:. ��, ,� �u-�� f �� � p� .�, r I ��� �.'� , ' Mary Helen KeIIy&Kathleen Ke115, 46-1OQ Burroweed Lane Palm Desert, CA 92260 January 1:0,2a0� To Whom it I�Iay Concern: We are two of the co-owners at 46-14� Burroweed Lane, and we are writing to express our experience of the property Iocated at 46-Q2fl Burroweed Lane, currentty owned by Michaei Toia. This property is at the corner of Burroweed and Ironwood,essentiaily : acting as point-a�entry�o our block,which ends in a cul de sac. It's appearance is very definina for the block. : �or multiple y�ars,prior owners of the home at 46-020 let it fa11 znto comglete disrepair. The home was an obvious blight The yard was wilii,and the h�me was not receiving needed maintenanc�. Tlie backyard pool became green from neg�ect, anci it was visible fram iz�onwood to those wal�Cing by. This made'the home unsa.�re as we11 as unsigh�y. The current owners have completely renovated and relandseaped,making the corner highly attra�tive. It now is a good match for the very upscale home on the other side of Ironwaod. AIi ofthe work has been done tastefuliy, with desert landscaping and coardivated architecture. _ � we have r�otice���e�ew golf-�--t�a.r�ge:adj�cen*te the ma.i�garage, It is a very attractive addition,ir�tegrated with the e�sting structure so as to appear gart of the �rigina���sig�. �onsistent u��it���a��ather homes sn 2�e neigh�Qrhood,�t is built agains�#he plot�ine. The work done on 46-020 is a very,very welcome impravement to the agpearance of our neighborhood and an asset ta home�values. We applaud the curren.t owners for their : effort. Sincer�ly, . . . fY .� T1i � � t � . � � . . . � . . . . � . . . . .� . . � �. � .{�� ' • r 'r`�f,� J�,�,' .. . . . . . . . . � . . �. . . .� : . _ �. � �. � � . . � � � . . . . . . V � L. . . � . . . . . . . . . : . . . . . . . .. Mary: el n Kelly , x-; ;.,, � ;'�?'' _ � � � �`�f I�athleen Kelly �� �� �'� � - _ January 12,20d8 To wl�oin it rn:ay coiicern: : Mr. and NI�-s. Taia af 4b02:0 Bun-o��veed Larie, Palrn Desert are neigh�ors of my mother's. My �i�otilez•h:as lived i��tlie house ac�•oss tlie street for rnan}�years and 11as watched their house be occupied Uy a f�w differe�t owners. Over the years they 1�a�e vecame friends and while my a��ather lias become c�uite ill and I take care of 11er, Pd like ta take this opportunity to express tlie t�aiizgs she has said and I hat�e noticed about that property. Being a retired real estate broker she always taok ari interest in t13e up�rading.of any hozne in that neighbo�-hc�od.in the interest of property values. The previous owners atteulpted soine cosmetic i�nprovetnents t11at wllile well i��tentioned I'rn sure,came out looking less than professional, ii2complet�e, aizd estheticaily unpl�asang,much to ihe disn7ay of 1ny motizer eaeh time. Since the Toias IZa��e o�v�7ed tl�ze I�o�ise there l�as l�een a complete transforn�ation to say€l�e least. The hazise a�ow h�s beca3ile ane of the fe��in tl�e area or an th�s si�eet, to looic as well car�d for or as complete, Tl1e curb a�peal lias irnproved 100%o and all the improveinents have blended we1L It llas come to oi�r attention tilat tllere is an�ssue specifically with'the appearance of the small gara�e area wliere they keep tl�eir golf cart. �Je believe tl�at tliei�improvemen�s are tastefully and professionally designed to eomplement their own house a11d that of the neighborhaod. Loolcing across �l�e street at.theii liorne has been an eiljoyment to n1y rnother and myself and sl�ould be lef� as is: : : Ivlr. and N11�. Taia a�:e friendly ireighbors who are weH Iikeri. They have shown themselves to be responsible l�oineovinrers iriterested x�ot oi�ly in the upkeep and beautification of tlieir ow1Z horne, biit helpfiil ai7d res�onsible to tlle�leighbor.hood as a wl�ol�. ' Ptease feel fi=ee ta contact me per�onallyregarding tllis matter if you would iike any fiartlzer cornn�ei�ts at 346-4466. . Sii�cerely� �.:,�:.�x-�-t.��;�� . �����-� Deborah VWhite for Lois Bradstreet 46055 Bt2rroweed Lai�e Palin Desert, CA 92260 34G-44G6 i a 5"� �'.��. . � - _ -_ . �-� � �`�f�li�: IZichard & �uclitl� 1Vlatza 46�15 Surroweed Ln. Palm Desei-t, C� 9?250 �1��'�.: �an�ar}� 10; 2�08 'I'Q3: Czt� of Palm De�ert To'V4ThQrn:It Iutay Concern: : I am writi�5 ta��ou cancer��ina tl�e matter of the goif-cart gara�e for Nliehael and M�riaz�ne Toia,4b-�20 Bui-roweed Ln. : �_11ave watclled tl�e Toia�ropet-t}'over tI�e Iast two�ears an�I haue noted that it has Ueen coz�sistenti��iniproved over ti�a#�eriod of time. I�Ir. and Mrs. Taia have ir�pr�ved the hause inside and outside, the landscape and the�urb appea.l. Their imprav�ments have nat or�3� i�enefi#ed them, the�r have alsa benefited th�nei�h�iorhood t�y the enhanced �pPearance of the�rflper��. TI�e Dolf cart�ara�e was cQr�strczcted in a tastefiil manner and wit1� care.and diligence_ It : �ts t��� desi�n ofthe�ou$e and is �a;lsistent in desi�n and placetnent with similar �roperties on Burra�,veed Lane and surr�undin;:streets_ I understaz��there is a com�laiut about the golf-cart gara�e,and it �eem to mz ti�at if there is an obj�ctit�r to the cart �ar�g�, it shotiid have l�e�n raised earlisr; �hile�olf-cart garage was untler canstruct'ron. It is ver}T odd that a com�laint shputd arise inore fihat� tw�r�years 1�ter. I urae�ou to cQnsider t�e good inte�t of the TQia's and to �ermit the golf-cart garage as is. It will ti� a shame and an_injustice tfl impose a restri�tion after m4re than fi�va;e�rs lafet. Tliere:s�ems to l�e no olajection �'rom oti�ers in the nei�hborhood to the��1f-Gart gara�e. �l�a��k•y'�u f�r yvur kind cc�nsitieratian i-eaardin�thic matter. . Sincerei}r���ui-s, f�, e . ���,'�„r:�'��,r"�.�'� �f � =' �"� Ri�l�ard Nlatza 760-.i�1-�65�3 : ��� �.--� . �aT1U.�1''� �:�, 2��� �ity of 1'alm Desert '73-51 Q Fred Waring Drive Pa�m Desert, CA.922b0 To �vhom it may conce�n., I am a neighbor of Michael and Marianne Toia and over the past few years �iave obs�rved�he e�eri�r beautification pro�ess �at has taken place at#.heir residence. V�hile at:the saxr�e time they have im.proved the appearance Qf their h4me, thev�ave a�so co�tributed to overali appearance of t,he . in�m�diate comrnunity. � am speeifieally aware of the golf eart barn in question and would Iike to be on recard that�be�zeve it was �tastefully canstructed t�o biena in w�Ii wi�i i�-3e archit�c�re af�e �oul� and surrounding area. I support any effor�s on t�e part�f the city t� approve a:nd allow this cart barn to cantinue to exist in ��pr�se t form. � ,� � �: . Regarcis, `r�� � , ��� r Stan Smith ?3-526 Ironwood Street Patm Deser�, Ca.92260 (760) 346-4335 i� � �_, �. .. f . . . . . .. . . . . �$I11i�B1'��y �Q{}� Cifi�r���'a�mt l�es�r� 73-5�(}Fred�Naring�ive Pa1�n I��ssrt,�A 92254 R�: �6U2#��3urr�weed L�e : Tfl�hr�m�t 1V1a��oncern: I����m.�i�Rflse�Ta�nHa41�and I am a resident of l'alm Desert. My home is Iocated at 4�2�4 Bu��v��d�ne,which 1�ave'4wned for several years. i met Mil�e and I�arianne T'aia a few years ago and hav�v�atched t.�te in�redibls work�hat��s beer�dane�o imp�ove a�c3 beaufify�heir horne. Nt��only has it been completed in a professio� ��nner,but alsa with taste aud class.TTi�ir labor of Iove has added value ta the enfi�e neighiwrhoad. T strongly s�ppait#he accomplishments of Mr.and 1VIrs.Toia,aud ho� �ie C:ty�f Pa3.�I�s��i�?r�c��:�-�h��sam�, I can be ca�t2acte�for art�fiartt�er discussion at,(3�0 354-5�20}. Sincer�Iy, ��tru:��u.�... u ��� �tc�se�IanHoc�� 4fi�4�:�unraysr�ed Lane Fa1m.��sert,�A 9226U �t—�1fl� ` ��� � �� �:`� . . � �� �--� . � . . 1/l l/08 To Whom It May Concern: Michael and Mari.anne Toia have n�ade many changes to�eir h�me which have improved t�e appearance c�f their hame and heiped to beautify the neighborhood. Tl�e two mast stari�Cin�are the conversion�o water sati ing desert landseaping and the repiacement.af a tacky lc�ok%ng iean-to attached to their garage with a garage extension which�oo�Cs original#o ths house. As part of the neighborhood we thaak#hem for the i^���u.��ment�. I��ar�?ware�f#he�is�u#�initiated by their nei�hbor and ask that the �;�Y aPPr�ves the garage e�ension: Respeci�u.ily, - , /� �;,�'-�c"�,f`�� `�-�`' ,��� �.t� f� - �-��°��`�___ ' „Ll.�' Michael and Pau1a Peters - 46160 Bu�'�weed Lane _ Palin Desert. CA 9226ti 76Q-S68-9�97 /a � �'=d-�' , � .� ,_ ' — - , . �itt an���rbara��a�es _ 4�t�60 �3urroweed Ln i'aim Desert,CA 92264 �ity of Pa.im Desert , 3artuary 8, 2�Q� To Whom it Ma3�Concezn:- �Ve are neighbars of 1V.fichael and Marianne Toia and Iive on Bu�roweed Lane in Palm I3esert. In ord�r to access our property,we must pass the Toia iesidence�vhenever we ingress�r egress. We haVe�vih�essed�he beautificatian process of ths T'�ia gesidence : � � ���..a ii3�i��.�i`t�wt'� Fi;T..�.J PG�.�C. .. ' . - . . . _ . ._ _ . . .. . . . . . . . .. . During that tirne, lV�ichael and I+�arianne Toia have d�ne a marveious job remodeli�g ��i��Qm�,making a once�yesflre prQ�e.ri3J inta��e of the lovelies�homes ia the neigbiaorho�d. V+�e have seen the tra�s�ormation process aud we have personal i�nowiedg�vf t�ie g�l�barn Qn.the south side of�tzeir property. T'he golf barfl is very tast��Zily�onstructed and hlends w�ith the'T�ia's home and all the - other homes in the neigl�borhaod.:Tt is c�nstructerl of hig�quality ma#�rials ar�d both the exte�aor aac�interior of the goIf barn ar�esthet�callY apPealing to anyorte��vho views the �tructurs.` Michael and IV�arianne were very meticulous in planning and constructing their . golf barn a�d wsre ve3-y con�ientious in malang sure tI�at iY wo�3 fit in v�i�th o�ther s#nzctures i�the neighbor�ood. Please feel free to contaet us,if you have any further questions regarding t�tis ietter. Sincerely, ����--�.f- `���G� �y�'-���-'�-' �j���'� : Bili and Barbara�ates 460�Q Burroweed Lane Paim Desert,�A 9226� {'�60}-346-63�7 �`�� G�t0 ' • ,t � �'i�y r�,��.t�'�xl�rl ;��ser•t ��ri�cl?.�g.�����1� 1_���� %s-:SI� .��-���� ������,��� ��tlrrr .t:��.���t, �`'�. ��.��� �an. Il, .211�1� �'�.�': .��i�,�za.�l �`�.ic�, �r�l��"�-�iiQ���g� a�cl�io�, �r� �d��� �� r�� cc�r�cer��r, ��� �f�`,�e t,�a�,�.�1' �r�ve e��j��led c�bout tl�i�c �vn�de��ul rii��c��'.Pal��a ,t?��e�i �;ad t�i�-��ay 1�t�y���n�e �or�e so ���el� to �n�iar��� t�te Z�UG'I. Li'j"rGl?JD�j�GI3�v ZZ'l�i�d�,,fr�f• ��ose af u.� tl�r�cz�e 1����y e��ug1� to l�ve ����, i�� z`�;°i��j��-��,�ir�e �cr l�.�ae���I� ���,divic��a�l da, �Jl�r�t��`�e���tz��, t.`� bp��t�g t��i� ����er�j' �,�� t� c� ber��f�i��l lc.����. : I�r���on�, r�inl�i�e �'oza f�ar,�ti�,��lac�s do�e a g�^eat deal, �rr ����ass�` . . .����v;3�����, �� ��_j�s.s�t��J�c�� .��i� ac��r�iort o�the��aZ�ca�^t`sta�a�e cr�e�a ��r.� ' E��c�r.�� ;�,���gsial� r�� �e��z���e DF�e t��o�� �uto�r2Qi�i►e,�eF�2 t�e.>t��e� �`h�-�Jc �� �Zvi��tr.'on xo t�e�-o��qrt stQ�°ag� ar ec�, in.fc���I ����la��,d. their hs..�r�cz'���I�: �is�r��ae �c.��r�x��e people lil�e tl�e T��as. ,�X�t�e�^�1�, � � : .` , , ; ��. �'- � � � - ��� � 1� T. �il1.�r ' 7��.�5 .�r-cl�z�tlood�t ,�'�lt�� ,t���e��-, �'�. �2.��Q ���ic�'�� 6�"� �� � �'a�� /�2 {� ! �:`E� . r 11/12/08 Mr. Kevin Swartz Assistant Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, Ca. 92260-2578 Dear Mr. Swartz; I would like to bring you up to date regarding our efforts to meet with Ms. Pride in hopes of developing some common area of agreement and settlement to our golf cart barn. We have taken the City Council recommendation to heart and have made a sincere effort to bring resolution to this issue. What follows is a chronology of what has transpired over the past 2 '/2 weeks: ❖ Friday 10/24/08 ■ You called me to advise that Ms. Pride will drop her complaint against our cart barn if we are willing to pay all of the expenses to remedy her two non-permitted exterior wall violations with the city. I advised you we would consider, but would first have to research the methods and costs associated. ❖ Friday 10/31/08 ■ My wife, Marianne, and I came to meet with you and Russeli Grance, Director of Building and Safety, to discuss alternative lighter weight wall materials that I researched for use on the project. Russell Grance gave us a preliminary go ahead based on the product specifications. You agreed to set up a meeting for us to share this information with Ms. Pride. In addition to you, Ms. Pride, my wife and me, the meeting would also include Lauri Aylaian, Director of Community Development, and Russell Grance. The City Council suggested we find common ground and that... "both parties needed to work out a solution." We felt this would be a good venue to get started. We advised you that we 1 `,�2r � . would make ourselves available every day of the following week beginning Monday, 11/3/08 through Friday, 11/7/08 with the single exception of Wednesday, 11/5/08, for which we had a long standing reservation. ❖ Monday 11/3/08 ■ You called me to say that you had spoken with Ms. Pride and she advised you that she was "...too busy to meet with us at anytime that entire week." You asked if she was out of town and she sta.ted no, but she was too busy. ■ You suggested to her that she could at least put her terms for dropping the complaint in writing to us. She told you she would not do this and suggested that you convey her tenns t� us and that we should return them in letter form for her to approve. ❖ Tuesday 11/4/08 ■ We take the initiative to write a letter to Ms. Pride reiterating what we were told by you to be her terms and placed the letter on her front door with a copy fo you. . ■ We did not hear a response until 7PM Tuesday evening, when she left a message saying she wanted to meet the following morning, Wednesday, 11/5/08, knowing full well from your discussion with her previously that this was the only day we were not available. ■ We left a return message at approximately 8PM reminding her that as she was previously told, we were not available on Wednesday, 11/5/08, but could meet anytime Thursday or any other day. ❖ Wednesday 11/5/08 ■ At approximately 8:30AM, Ms. Pride called to advise that she knew Marianne was on the golf course for opening day and that "...it was a shame that golf was a higher priority than meeting together." ■ To defuse the situation I agreed to walk over the sample building , material and specification and placed them on her porch since she would not answer the door. Kevin, it is quite obvious what she has attempted to orchestrate here. She knew for a week that Wednesday 11/5 was the only da.y we were not 2 /3� 4 ♦ • available and then she proceeded to make a case about our lack of priority to this matter. Since I dropped off the info and sample to her on 11/5/08 we have heard absolutely nothing back. We felt we needed to get this information on record and in advance of next weeks meeting with the Planning Commission. Regards, t • �- / l��fi�- _ Michael Toia Marianne Toia Cc: Lauri Aylaian Russell Grance 3 �'J�'� ,` 11�5 � The Dammeyer's 4b-130 Burroweed Lane Palm ]?esert,California 922bQ August 28`�',2408 City of Palm Desert Pfanning Commission Case No.08-261 Re: 45-020 Burroweed Lane Hund Delivered Good Morning, This letter is being written in supnort of a reyuest for approval of a�ariance to constroct a golf cart shed located within the requirecl setback at 46-i120 Bnrmweed Lane. I am neighbor of the Toia's-who own the prnperty requestin�ihe setb�ck variance. . When my wife and l purchased our home back in 2W1,we also considered the property the Toia's now o�n at 46-020 Burroweed. We decided against even making an offer becaus�of it's dilapidated and blighted condition. Si»ce the Toia's purchased ii,they have transformed what was truly nnsightly—into a home that is"weicoming"io the whole neighborhootl—as their home is the first thing you see as you enter our block. Back in 2t�1,there wgs a golf cart shed exacily si°here the praposed vsriance mlates to—but at that time,it was simply an afuminnm lean-to like"structure",with a rotted-wooden gate,bath of which were obvious and unsightly from the road—it qaite frgnkly lookerl terrible. The goif cart shed that the Toia's are reyuesting the varia�tCe for,not oniy looks good,hut ii's design makes it appear to be part of ihe original sirucium;an�l it blends weil with the other homes on tbe street. Our block of Barroweed Lane is a bit unusaal. It is comprised of a mia of detached single family homes,and attachcd single family homes/condominiums. i�'Vhen yoa drive np-and-down our dead-end street,ihere are twenty-nine structnr�visibie from the road. Eightecn o!those homes are attached to another strncture, thas have shared iot-lin�—the other eleven are stand-aione,detached structures. 7'fiis traaslates into more than 60% of the neighborhood already 6aving less than the standard setback to their neighbors. This particular sctbeck��ariance request,in my oninion,will not adverseiy effect the ne�t-door neighbor,ar deiract from the neighborho�d,or it's valur—but ra#her,I believe thai ihis will enhance both the value and the appearance uf the neighborhoad. If you have any questions,please feel free to contact me. Respectfully, �, l , � r�f�f jf,, . .'' �l f/ / 'f' , '�.*`�. !f r ��: - .'�_-- ''�- - �� - �`- llaran G.Dammever �3� OGT-2-2008 10:36A FR01`1:BRADLEY MEDICAL PROD C949�64�-0070 T0:17503414412 P.1�2 . � 2l� ; � , �a.-�.�� �`�'��� "�� . ��2� . . �-�-���� C �� , , G��'� , � � ' ' �.�e� �-�,�..�,,� , �u�;�.�`.�.— � � � � : � ; * , (� • �� ���. o � -�.� 1 . . j�e.� • t� C,�,,.2,�,�� . 1 p+�O�' � � , ; �� . �� � y��,,� Y�`' c.�. �- � � � � ' � �}�`�`�c'���U ���� � ���� �..,�,� G�-- b�-► v��-�- �" . � �� ��:�.. �- -�-� �- ��� �"�--r`�-�.`� - , _ �� �, i�-� a�-�-K.-e.. � , r ._;�_,� ,�b� �, � -�-i�.,c�,`�a�a.�..�¢ c�rc� � . �' . _.�.� �.,Q,t. �r�..h.�,�' t �.,k-e :�-� 7a,f � �` �� � � � � � b��-�-- ,�, �..,a-�.-e -�.� �� �� �-� .�,;� �t..�.�;.� b�� � ` �, . � � .�?,�.,a�.�.., � ��- � : Iti-�- ,�' . � � �-�.�► �-f � �`' `�'� ���� �.�..�- . . � , � , —�- -.�''` 'b�.���� t�.�. �^�- �� 7s :43u.r���d t,� � 1 � re � '���' � J� � �-.�. � ,�{ � t�vt�--b -�, �'�-a� �� � c.md.�'v� . `" U � � -��h.� ��.�.-�- - d�- . 7-_ � � 1 � � I;�. [.r�-� v� s-� o�-�'i�v �� �,'e� ��-�'� � .,`''`'`� ��� pGT-�-2008 10:37A FROM:BRRDLEY MEDICRL PRQD L949)644-0070 T0:17603�14412 P•��2 ; _ �� ` �f 3��5 - , �.,�. r� �� ��`-'`'� l��--�C. � v , �� �� ��-�' � u�- ' �-� l-.�.5 � -�- D�/u.��.rn �-� � ��� � �� �� ��-� �`� � � � � �� �� � � ��, -�-�,�:� -� ���� ��. �� �� c.2 `�-�- t1..�.t- �� � h-t-�--��, G�.6�..- 1�� C�'z.' �� � � • ' �.� �� �.. � �� � � �°� ' J�� _ � � c�-� ``j``�-� �=� � �.�-e-�.-�- �'�° � : ,..�.�,�.,�.�,�. �- �.:�..�,�..� 1�..� Q.�, a�. �;� � b�� - .�' , �- �--� �- -�--�-� ��' ' � ��� �`�� � s �i v C�.�-� --�-� �� ��`�' . �- � _ �ea��',� �� , ��, �`��: �ur�'o�r��,d� L!v - ¢'c� �, C� �'��b� 4 � �� «/ , �f�� October l, 2008 Mayor and City Council City of Palm Desert &3510 Fred Waring Drive Palm Desert, Ca. 92260 Jean Benson—Mayor Robert Spiegei—Mayor Pro Tem • Richard Kelly—Councilmember • Cindy Finerty—Counciimember • Jim Ferguson—Councilmember RE: 10/9/2008, agenda item Michael and Marianne Toia(golf cart barn) We write in reference to an znjustice to fellow homeowners and good neighbors. The sma11 structure built adjacent to the garage on the Toia properry 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 goif cart barn is consistent with numerous homes in the neighborhood. This perceived "problem"has been vetted by the Community Development Sta.ff and has received favorable endorsements to the Planning Commision for a variance. Additionally, all members of the Architectural Review Cornmittee have vo#ed 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 a11 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 a.nd Karen Tatum 46250 Burroweed Lane Palm Desert, Ca. 92260 �3g _ �13y Mayor and City Council City of Palm Desert 73510 Fred Waring Drive Palm Desert, Ca. 92260 RE: Cart Barn Design and ApprovaU I O/9�2008 agenda item for Michael and Marianne Toia(golf eart barn). Subject Property: 46020 Burroweed Lane, Palm Desert, Ca. 92260 Dear Mayor Benson and City Council It is my understanding that more time is necessary to review and approve the cart barn on subject property. For your consideration, I have noted some of the key points previously submitted to t11e proper departments for review and approval along with my personal observations: � The ca.��t barn design blends w�ll with the home ana the sunrounding community. • In March the Architectural Review Committee voted unanimously 4-0 in support of the cart barn. • The Community Developmen# Sta.ff report which was prepared for the Plannin� Comrn.ission 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 paint of entry to our cul de sac street, have added beauty and value to the neighborhood. • I signed a-petition in February to allow the removal of the previous CC&R's so that a cart barn could be built. Please allow the cart barn and close this matter as soon as possible. 5incerely: . Charles A. Smith 46280 Burroweed Lane Palm Desert, CA 92260 Cc: Wilma Michelson— Council Secretary �3 9 _ - _ _ ���5 From: michael ghidella _ To: Mike Toia; cityhall@ci.palm-desert.ca.us Date: 9/11/2008 9:46:54 AM ' Subjeet: To the Mayor and all ciTy council members, This is in regards to the cart barn of Mr. and Mrs. Toia. If the Archecivarl Review recommended to ieave the cart barn and the Community development Staff recommended to the Planning Board that they it should be OK, I don't understand the problern, and why is somebody complaining now instead of when it was built, seems to me that somebody has an A�ce 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 ��� �1,,.(iE.1TZ...,.,.�,-.,�..+.t .�,�r2 C`.��+;.�..�.\fl�t},�.c.•\T �(..�? �^att���n.'`.Tumr�.`,_L'(1Q7�:('-F�+R_+4F.Fi.1_.�1A�-�'C�_A t)/1 1/7(1f1X . ���5 -----Original Message----- From:sheredlll@aol.com Ta cityhall@ci.palm-desert.ca.us Sent:Tue,9 Sep 2008 l I: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 ihat 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 ifhis cart bam 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 raview 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 � �yf -----Original Message -- $',� From: -��- To: city_hail a�ci.palm-desert_ca_.us Cc: m�toia@earthlink.n_e_t Sent: 9i26/2008 10:49:16 AM Subject: RE:10/9/08 AGENDA ITEM FOR MICHAEL& MARIANNE TOIA(GOLF CART BARN) TO: JEAN BENSON, MAYOR PALM DESERT ROBERT SPIEGEL, MAYOR PRO TEM RICHARD KELLY, COUNGlLMEMBER CINDY FINERTY, COUNCIL MEMBER JIM FERGUSON, COUNCIIMEMBER CC: Wiima Michelson, Council Secretary RE: !0/09/08 AGENDA/TEM MICHAEL 8 MAR/ANNE TOIA GOLF CART BARN Dear Mayor Benson, Council Members; P/ease accept this!e#er from Stan 8 Mlchefte Smith as a vofe in support of the cart harn that ls in question as to!he/egality of its placement by the Tola's. We have been next doar neighbors to the Toia's for years now. We flve on the corner of 9urroweed and Ir+onwood Street and laok directly at the Tola r�ssidence. The improvements made to the Toia's home since their purchase have been at the/east to say"amazing". They have improved the aesthetic value of the home tr+emendously wJfh there beautiful landscape and overall impeccab/e appe+arance. As their home is the point of entry to the Burroweed cul de sac, it has improved fhe neighborhoad valus mor+s fhan i can say. Wfth this said, we believe everyone`s desire to make our Palm Desert neighborhood tidy and appealing is a goai at ali times. Piesse believe me whan we say that the cart barn has absolutely no bearing on aesthetics to the neighborhood as it was done not only tastefu�ly wlth the deslgn of their home, but wifhin cJty guide/Ines for such constructlon consistent with many homes on the street This is, 1'm sorry to say mor�e of a determinatlon by ONE disgruntled nelghbor and not the views of the ne�ghborhood as a who/e as you may have seen with the petltion that was slgned by 95%of the nelghbors supporting the structure. LastJy,1 ask that you agrse as the Ar�chitectural Review Commiifee did in March and vote una»imously in support of the cart barn. !f you have any further questions,please fee/free to cali at any time. Most SJncerely, St,an 8 Michelle Smith T35�S!ronwood Stc�eet Palm Desert, CA. 922&0 (760)348-4335 1�� Pdxmatza aol.com . �'�3� From. @ To: cityhail@ci.palm-desert.ca.us Date: 9/14/2008 8:50:42 PM ��rbject: To all City Council Members To: Jean Benson -Mayor Robert Spiegel -Mayor Pro Tem � Richard Kelly -Gouncil Member Cirrdy Finerty-Council Member Jim Ferguson-Council Member From: Richard and Judith Matza 46-415 Burroweed Ln. Palm Desert, CA 92260 a7u: 7358 SW Eton, C#. Portland, OR 97225 phone: 503-318-3732 Copy to: �,�Ima Michelson -Caunctl 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 e�,��nts concerning the agenda item cited above. We are writing to you in support of the l"oia 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 ofi the property improvement. It replaces an unsightly gate and �,assage-way of past yeacs. The cart barn was constructed more than two years ago and the entire neighborhood has complimented the Toias on their improvement, inciuding the complaintant in this matter. In fact, it bewilders us why a complain#has arisen afte�such a long period of time between final canstruction and the time of eomplaint. The single complaining neighbor was surely aware of the building of the cart bam as she watched the construction and for two years she did nothing to object about the carf barn construction. We have attended one of the early Architectural Review Committee meetings in support of the Toia cart barn artd gave previaus testimor+y in favoc 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 shou{d be decided in favor of the Toias retaining their cart bam,as it fits the style af their home and is consistent with the style of the neighborhood and othe�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 wifl take this in consideratian. Thank you for your kind attention to this testimony and pfease allow the Toias the variance to retain their cart barn. Richard and Judith Matza /�-13 to�3�' 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 bam) CC: Wilma Michelson Deaz Council Members, I have become aware that the issue of the Toia's golf cart barn is not resolved. T'his is the second Ietter I have sent regarding this matter. What seems perplexing is that this issue is up for discussion a�ain 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 teil you that tlus 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 t.�rough 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 neighbarhood as a whole. I don't see what will be gained by the removal of the cart barn, nor the hann 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. Sincereiy, Deborah Bradstreet White 30 Vistara Dr. Rancho Mirage, CA 760-346-4466 For Lois Bradstreet 46055 Burroweed Ln Palm Desert, CA I�� To Honorable Mayor and City Council Members, Palm Desert Calitornia Jean Benson — Mayor �I`�� Robert Spiegel — Mayor Pro Tem Richard Kelly — Councilmember Cindy Finerty — Councilmember Jim Ferguson — Counciimember This letter is in regard to the application by Mike and Marianne Toia for a variance to a(low them to keep#fieir cart barn on Burroweed Ln. It is on your agenda for the meeting of October 9, 2008. t am a neighbor o# both the Toia's and Ms Pride ( the neighbor who is opposing the variance}. 1 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 setbacic. f 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 a# 4' on each iot. 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 foo# setback would not violate the design of the neighborhood. The second prablem the commission had was with the construction of the s#ruoture without permits and inspections. This is a stickier probiem. The commission f�lt fihat they didn't have the authori#y 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 #heir 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 desi�n of the cart barn enhances the neighborhood and property values and that should offset her loss of the eight foot separation of the two properties. Conrad Kauble 46080 Burroweed Ln Patm Desert, Ga 760-568-5642 � �5 >Mayor and City Council > City of Palm Desert �2 J�� > 73510 Fred Waring Drive >Palm Desert, Ca. 92260 > >Jean Benson a@"Mayor >Robert Spiegel a�" Mayor Pro Tem >Richard Kelly a�" Councilmember >Cindy Finerry a€" Councilmember > >Jim Ferguson a€" Councilmember > > > >Cc: Wilma Michelson a@" Council Secretary > >Re: City of Palm Desert Legal Notice Case No.Var 08-261 > � �Ve are writing to you today in regards to the City of Palm Desert Legal >Notice Case No. Vaz U8-261 that we received in the mail which asks the >City Council#o 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 4dQ60 Burmweed 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 ToiaaETMs golf cart >shed. The ToiaaETMs 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 tnconsistent with many of the other homes on our street, >which are currently built right to the properiy 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 e�sts. 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 DevelopmenY Staff report whieh >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 aud Barbara Yates >Trustees of the Yates Family Trust dtd 1 Dec05 � ��� i ►3��y 9 1�-z b�b� , �� ��2 � � ' G�e�lL �ttui� �., ,C9� , 3 j"/o �.�,e.�LZI� � �`✓u�u-�- C�1wr�., d �(J�..�����z� --���' �ah� �a�n� C� L11�-aa o �C.� ��- r.�.c�c�a�..P�-e. �-� �,a-- �--� ���-� �� � c� �--���- �'` �-�'�-.�-� , `����/ �,r,� �L�t.Q, +� ������'"I � ���i��?/rL�—�"�l,�u-�.a� ��� -ZZ � �y�.�-�'`�, r�`�� �u,�,2._ ,f,��;a�t� �� = 9Z zl� �i -c� 7�6-,��y�-�3 5�-{� (�f� --Original Message --- ` � �J � From: Ta cityhaii a�ci.�aim-desert.ca,us;mjtoia_@earthiink,net;bfpc�a msn.com Sent: 9/9%2008 6:51:44 PM Subject: Fwd: 10/9/08 agenda item for Michaei and Marianne Toia(golf cart barn) ATfN: Wiima Michelson -Council Secretary, ref: In regards to 10/9/08 agenda item for Michae� 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: 10/9108 agenda item for Michael and Marianne Toia{golf cart barn) To: Council Members-Jean Benson-Mayor Robert Spieget-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 en#ire 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 irnpact of their home, it also helped fhe 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 1 Q/9/08 agenda item tor Michael and Marianne Toia (golf cart barn) Looking for spoilers and reviews on the new TV season? Get_AO�'s ultimateyuid_e_to fall_TV. Looking for spoiiers and reviews on the new N season?Get AOL's ultimate guide to fall N. �� � -----Original Message--- ��`�� From: Bob_and_Linda Whalen To: c�hal�ci.palrn-desert.ca.us Cc: rnnmtoia�a earthlink.net Sent: 9/22i08 8.28:28 AM Subject: In regacds to 10J912008 agenda item for Michael and Marianne Toia (golf cart barn) September 22, 2008 To: .iean Benson -Mayor Robert Spiegel-Mayor Pro Tem Richard Kelly-Councilmember Cindy Finerty -Councilmember Jirn Ferguson -Councilmember cc: Wilma Michelson-Councit Secretary Council Members, This lettec 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 comer house thai we believe is an asset to the cornmunity. 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 thei�neighbors that have signed a petition in favor of the structure. We also agree with the Architectural Revisw Committees' unanimous vote in support of their golf cart bam. Regretfully we will be unable to attend the October 9th hearing but if we can provide support on Michael a�d Marianne's behal#in any other way, please do not hesitate to contact us. Bob and Linda Whalen 45654 Verba Santa Dcive Palm Desert, CA 92260 760-346-5323 `i; :> �b�35 --Original Message----- from:�udy_caston To: citXhai�cipalm-desert_ca.u_s Cc: mnm a earthlink.net Sent: Sunday,September 21, 2008 1:46 PM Subject: 10/U9/2008 adgenda,Toia golf cart bam TO: Jean Benson, Robert Spiegei, Richard Kelly, Cindy Finerty, Jim Ferguson cc_Wima Michelson RE: 10/09/08 Adgenda,Mike&Marianne Toia's golf cart bam I own the home directly across the street fram Mike and Marianne Toia, at 46055 Burroweed Lane. I�;���lerstand they are sii!!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. Jud'dh Bradstreet Caston . 826 Peet Place Escondido, CA 92025 (760)735-8353 b ,,�� , �"��35 --�.� ,--��-- --.--- -- --.--.-- - - ---Originat Message---- : From; James_Nelson To: cityhail�ci_.�alm-desert.ca.us Cc: mnmtoia�earthlink.net Sent: 9l26/08 9:14:41 AM Subject:Toia golf cart barn To Mayor Benson and ali members of Paim Desert City Councii 1Ne are in complete support of of the Toia golf cart barn. They have added beauty to our street with their upgrades and addltions. The golf cart barn blends in with the the neighborhood and SHOULD be allowed to reman as is. The matter is on the 1 Q/9/08 agenda. Barbara and Jim Nelson 46445 Bunoweed Lane Paim Desert, CA 922fi0 bonjhn@earthlink.net l S-I ����� —Original Message---- From: Keily Gelhaus To: cityhali�ci.palm-desert.ca us Sent: 10f1/48 6:46:21 AM Subject: RE: Cart Barn D�sign and Approval/ 1019/2008 agenda item for Michael and Maxianne Toia {golf cart ba.rn). 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 �eparate 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 Tl�at�lc�rou, Kelly Gelhaus 951-453-2180 \�� � _ ,���� 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: GolfCart Storage We ace neighbors of the Toia's. The addition to their home (cart storage) biends well with their home, property and the entire neighborhood. I know that the Toia's have done everything possible to satisfy the complaints of their neighbor. The whole issue has become a vendetta against the Toia's and totally unreasonable. The cart storage has zero impact on the neighbors property. The neighbor was aware of the addition and then when it is completed, they complain. Hopefufly ihe Ciry of Palm Desert wi11 rule in favor of the Toia's and put an end to this"total waste of time and energy"for all concerned. If you have further questions you can ca!!me at 206 310 9276. Thank you. Bilt Heimkes 73611-A Golf Course Lane Palm Dese�t Ca 92260 Copies to: Jean Bensan Mayor Robert Spiegel Mayor Pro Tem Richard Kelly Council Member Cindy Finerty Council Membar Jim Ferguson Council Member Wilma Michelson Council Secretary � �3 2° �� From: Bob Hoffman To: Palm Desert City Hall Date: 10/1/2008 4:43:13 PM Subject: Oct. 9, 2008 agenda item for Michael and Marianne Toia To: Palm Desert Mayor Jean Benson Robert Spiegel - Mayor Pro Tem Richard Kelly - Councilmember Cindy Finerty - Councilmember Jim Ferguson - Councilmember Copy - Wilma Michelson - Council Secretary Re: Oct. 9, 2008 Agenda Item for Michael and Marianne Toia Dear Councilmembers It has come to our attention that the protracted issue of Michael and Marianne Toia's golf cart barn must now come before the city council. We would like to lend our support to the Toia's efforts to settle this matter that was already unanimously supported by the Architectural Review Committee and the Community Deveiopment staff. We have visited with the Toias on a number of occasions since the cart barn was installed. Ii�r. Toia was very pleased how well it blended into the generai appearance of the house and the neighborhood, and was proud to show us how nice it looks I understand that it was built to the property line which is consistent with many other houses in the neighborhood. As members of Shadow Mountain Golf Club, we know that the appearance of their house on the corner of Burroweed Lane stands out on that street. They have made many �mpro��msnts to th�ir landscaping that make a very inviting appearance to their home. We would like to voice out support for the Toia's project and hope you can see your way to granting your approval. Sincerelv, � Robert and Beriy Hoffinan 76369 Via Chianti Indian Wells, CA 92210 760-345-9978 �5� . _ _ 2f , 3y From: Robert To: cityhal{@eipaim-desert.ca.us Cc: MNNiTOIA@EARTHLINK.NET Date: 9/3�/2008 2:46:52 PM Subject: TO: ALLCOUNCIL MEMBERS...............fEAN BENSON , RIGHARD KELLY , CiNDY FINERTY AND JIM FERGUSON AND ROBERT SPIEGEL...............MY WiFE AND I LIVED ON SHADOW MOUNTAIN GOLF COURSE S1NCE 1996 AND ACROSS THE FAIRVI/AY FROM THE TOIAS........WE HAVE BEEN WELL AWARE OF THE QUALII"Y IMPROVEMENTS THEY HAVE MADE T4 THEIR PROPERTY........THEY HAVE ADDED BEAUTY AND VALUE TO THE NEIGHHOOD..,.......WE ARE IN FULL SUPP4RT OF THE TOIAS IN THEIR DISPUTE WITH THE ADJOINING • PROPERTY.................THANK YOU FOR YOUR CONSIDERATION..............WE ARE ROBERT AND SYNOVE WlLCOX AND NOW LIVE AT 12927 CAMINITO BODEGA , DEL MAR GA. 92014..............PHONE.......858_755 2720 / 5� � �2� 5 � From: ken furst To: cityhall@ci.palm-desert.ca.us Cc: mnmtoia@earthlink.net Date: 9/13/2008 5:59:44 PM Subject: 10/09/08 agenda Michael and Marianne Toia(cart barn) 09/13/08 To a11 Palm Desert Council Members: Jean Benson Robert Spiegel Richard Kelly Cindy Finerty Jim Ferguson Wilma Michelson ' I am writing this letter to express our support of the Toia family in regards to what I consider. a very petty neighbor dispute. The cart barn in question has been approved by all the city departments involved in this matter, which in my opinion, is enough for me to support the Toias. We have lived on Burroweed Lane for 38 years. This is the first problem I can recall. The Toias have made many improvenients to not oniy their property,but also on city property, for which they should be commended. Sincerely, Kenneth and Maggi Furst 46185 Burroweed Ln. , Palm Desert, Ca. 92260 (760) 346-459b We ----------_�------------------- --- -- --- __. — 15� � v� 3� 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 Spiegei, Richard Kelly, Cindy Finerty, and Jim Ferguson, Re: October 9, 2008 Council Meeting: Michael Toia/Golf Cart Shed Ladies and Gentlemen of the Palm Desert City Council, We are writing today in reference to our neighbors, Michael and Marianne Toia's, golf cart shed that is to be a topic at the the October 9, 2008 Council Meeting. My wife and I have been winter residents to Palm Desert since December 2000. Prior to purchasing our home on Grapevine Street, we looked at the house . on Burroweed Lane when it was on the market in 2000. We decided it needed too much work a.nd 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 insta.11ation 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 � �7 fl��//C'�!T?�cumen�� ���� �et1�n�*s\�'i�=��e-i��ca? ������s�,.`�'e.1�^�1Fr.F?6�.tmr 1�J/�/2.008 Yage 1 of 1 . �.���� From: livinlazy@aol.com To: cityhall@cipalmesert.ca.us;mnnitoia@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 R.ichard Kelly Council Cindy Finerty Council 3im Ferguson Council Re: Toia Cart STorage building at 46020 Burroweed Lane, Palm Desert Ca. I would like to express my concern, about the complainmow 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.�. Box 123 Anaconda Mt. ( Summers) 406-563-2997 ��� fl���!C'�\T}�cumentG and Settin�s\O��7nerL,oc�? Seriin6s\Temp�.?9DD95f�'C-26CF-48B6-9A... 10/2I2008 2� �j5 September 30,2008 To: Jean Benson-Mayor; Robert Spiegel-NlayQz Pro Tem;Richard Kelly-Councilmember Cindy Finerty-Councilmember; Jim Ferguson-Councilmember Subject: Addition of"Golf Gart 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+years. From time to time these zero lot line homes have experienced minor changes and generally are kept in good shape maintenance rvise and strive for"curb appeal." We believe the addition of th�"Golf Cart Barn" attached to the Owner's garage is in keeping with other positive neighborhood changes that have taken piace over the years because: 1. in a small way it enhances the e�#erior appearance af the residence particularly when compared to areas left vaeant between homes. (Replaced unsightly wooden gates.) 2. It cioes not block any views and is nearly invisible. 3. I# is in architectural conformity with the e�sting neighborhood. As well as addin�the "Goif Cart Barn"'the owners,Michael and Marianne Toia, have done an excellent job of pain�ing and improving their home. We ha:ve enjoyed watching the transformation of a"ho hum"house to one highlighted with new walls,fencing and desert landscaping that welcomes visitors to Buno�veed Lane. We salute them while respectfully requesting youz appraval of the"Galf Cart Barn" additian. Attached are some photos which help to substantia#e our beiiefs and opinions concerning this subject matter. Sincerely, � �/, ` '� �t/t/Le ��`� ! > � Franz"Tirre arfd, t een Ti e�°�1��� 4b-333 Burroweed Lane /� —Originai Message---- From: To: cityhaii tz c�alm-desert.ca:us rL6'3y Cc mn_mtoia@_e_arthlink.net Sent: 9/22%08 2:19:30 PM Subject: In regards to 10-9-8 Agenda for City Council -Toia cart-barn To: Jean Benson -Mayor Robert Spisgei-Mayor Pro Tem Richard Kelly -Council Member Cindy Finerty -Council Member Jim Ferguson -Councit Member Emai�to: Witma Mi�helson, Secretary for the City Council - city_hall ci_pa_(_m-desert_ca.us From: Sherma Wenner 46-375 Ryway Place#3 Palm Desert, CA 92260 760�48-4035 Date: Sept. 22, 2008 . ln�eference 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 9ih, 2008, council meeting regarding the agenda item for the Toia Golf-cart Bam. 1 am in support of the Toia cart-barn. When people purchase property in an older neighborhood and proceed to make much needed imp�ovements, I can?t understand why this project is being questioned. I live near the property in question and I have seen the Toias trnprove their property over the last severa{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 fu11y 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-lifie financial challenges?Check out_Walf_etPop for the latest news and information, tips and_calculators. ��a -------------- Forwarded Message: -------------- From: _v_anoordt(c�comcast_net Z� �� To: cit�hall�cl_.palm desert.ca.us Cc: Wilma Michelson-Council Secretary Subject: 10/9108 Agenda item for Michael and MarianneToia(Go1f Cart Barn) Date: Tue, 3Q Sep 2008 03:00:17 +0000 > City Council Members: Jean Benson, Robert Spiegel, Richard Ke11y, Cindy > Finerty,Jim Ferguson > > We are Jack and Camille Oordt and we live at 73611"C" Golf Course Lane >Palm Desert. Our home is only one block east of Burroweed and Ironwaod 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 Mauntain Go1f Club and live on the 2nd > fairway. We play golf frequently and pass the Toia's backyard on the 3rd >fairway. Their backyard also shows how well they have improved the laok 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 eart barn,the Toia's are still facing >arprc�val by th�city c�uncil members. > >They are valued neighbors and we have appreciated all the�r 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, > > 3ack and Camille Oordt > 73611 "C" Golf Course Lane >Palm Desert, Ca. > 7�u"-34Q-6031 1(�( —Original Message----- from: Innkee�er Hentage_House_ � � To: cit�haf�c�atm desert ca.us 2 Sent: Sunday, September 28, 2p08 4:15 PM Subject: Michael and Marianne Toia TO: Jean Benson Mayor Robert Spiegai Mayor Pro Tem Richard Kelly Council Member Cindy Finerty Councit 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 go(f 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 bam...l don't know if you ha�e any idea how hard Michael and Marianne have worked on their property to have it blend in wi#h 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 petifion sup�orting this golf cart barn and 95%of the neighbors signed it. The neighbor who is protesting this golf cart bam 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 Refi 10/09/2008 agenda item (golf cart barn) I� � > [Original Message] >From: Gregory Andonian<gsandonia�l�earthlink.net> 20���y >To: <c_ityhall�ci,palm-desert.ca,us> >Cc: _<mnmtoia�earth_l.ink nev >Date: 9l28%08$:Ol:52 PM > Subject: Wilma Michelson - 10/9/2008 agenda item Toia golf cart barn > >Dear City council members: Jean Benson, Robert Spiegel, Richard >Kelly, Cindy Finerty, Jim Ferguson, > >I am writing in support of Michael and Marianne Toia concerning the >issue of their golf cart barn. My wife and I have a home in Shadow >Mt. at 46 200 Cottage Ln. > Our home is located across fram 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 ma.ke the following >observations: > 1. The cart barn blends is very well with the Toia's home if fact >you hardiy aze aware of it. > 2. Most of the homes on Bzuroweed 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 faet 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 �3 X ��3� 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.) This seems to be a frivolous waste of everyone's time. When individuals purchase property in an older neighborhood and proceed to make much needed improvements,through proper channels, I can't understand why this project is being questioned so. We drive by this corner property several times almost every day. Rarely do we not make a comment about how well done their improvements are. It fits in we11 with the upgrades others have made on the street and makes a good first impression to the neighborhood. They have nearly fuil 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, S � G N. Gri r a Wiima F. Grill 46 375 Ryway Place# 7 Palm Desert, CA 92260 503-780-Q944 C;C;: Jean Benson- Mayor Robert Spiegel- Mayor Pro Tem Richard Kelly- Council Member Cindy Finerty- Couneil Member Jim Ferguson- Council Member Wilma Michelson- Council Secretary Michaei and Marianne Toia-Homeowners � �`1 . �� ��� � Da��d I�. Clarl� September 18, 2008 Mayor and City Council CITY OF PALM DESERT 73510 Fred Waring Drive Palm Desert, CA 922b0 ;'t2�: lu/�/ZaO� �.ge�id�Iter�/Michael and Mariunt�e Toiagolf cart barn _ _ :_ _ _ Dear Honorable Mayor and City Council members: __ _._ . My family owils the home at 46340 Burroweed Lane and I am writing to express our support for allowing the Toia's golf cart bam to rernain 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 eve� know it was there until its existence became an issue earlier this year, at which time we showed oux support by jois�ing 11 af our neighbors and signing the Cancellation and ----- - Amendment of the C,C&R's, which were recorded agains#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 hause new and my not noticin�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�he entry to Bu�roweed Lane �ook 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, ht: vid H. Clark CC: Wilma Michelson—Council Secretary 432 Aliso Avenue,Newport Beach,California 92663 Ph(949)515-4000 Fax(949)515-4080 /�0� From: Don Melvin To: cityhall@ci.palm-desert.ca.us 32�r�C� Date: 9/14/2008 5:30:29 PM Subject: 10/9/08 agenda item - TOIA cart barn :. CITY OF PALM DESERT C1TY COUNCIL: JEAN BENSON, ROBERT SPlEGEL, RICHARD KELLY, CINDY FENERTY, JIM FERGUSON We are wnting 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 perfectiy with the property exterior, it is a vast improvement aver the lean-to it replaced, and is an asset to the surrou�ding residences. We ask your support for this endeavor. RespectfuHy, Don &Vickis Melvin, 46-310 Golden Rod Lane, Pa1m Desert, CA 92260 Phone:760i346-9554. cc: Wilma Michelson -Council Secretary Michael & Ma�ianne Toia �(�� i . 3� 3y �.. .,� �.� ,� ��i 7,� : �� ,,�,,,.�,�,� �.s �-e��- �� j�J ��� il��/��"l. j � n �t, .��.�, '�--��' � � _ ` ;� �- 3 e�-�` . .�r(.1 , , �'�'' �� A���� �� ��,�-,��r.- �--e--� }�""'�� c��-�� .��, , �� . � � �,j� , y�� � � L"'..rYv �,'�' ' 4�-�i��_3��'i..R.�j( � c , J. R..�l.L��� (� � ry/ �v�w � �j u''-i �, ,�� r (.E,.! �1� C��f �t.t.,4`t-�a' t,rt��r� �A ���yt.�,s i A �it":Z.-��4 �' `��' f , � �� v� . ���, �, , � ��- -�� `��- � �' � � �.�,,, ,��.:��, c,�,�-�.._.�.� 1...E-ri1/� � �,,�,y�+�J r �.� � ��"�." .�..�,�.�. .�.�..�-� c�, ��-�-�- � , � _ ,�, -�.� �-�.�... ���.= ��,�- c � � �.�..�, � -C�-�-� � ,�,,�:� �,�., - �' �'°-�-=� , � `�� R ��' , //j//'.`J��f�.�. �s �/ _ F r �tZ91�V t�l'P� � ( �� ..�.�--�-��..a.� �� � � , , .�'-�-� ..� �-�--��--- q j,,,��.�-� -" ''�l����� . ..�--' F �,� �" �..��� t , . � � r £ �� � ���� ���� �, � `Re%+��'-�� C��� .� .� �` �' ��-���' r� '�' �. j� �� �.-���.-f �� � � . � ,�� ��-�� �� =��..�i�� .-c�.�z��.u,���� �n �'�.r=nv !�-��� C�k /��z�c� ; � 7 � 5�3� Mayor Jean Benson, And members of eity of Palrn Desert Sept. 15, 2008 73 510 Fred Waring Drive Palm Desert, Ca. 92260 RE: M. Toia Golf cart Barn, Dear Mayor Benson, It is normaliy a dif�icult 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.....T'HANI�Y�U... Ve ly _ � Murrell T. 1V#iller 73-495 Ironwood St. Palm Desert, Ca. 92260 Cc Robert Spiegel-Mayor Pro Tem Richard Kelly- Cotulcilmember Cindy Finerty- Councilmember Jim Ferguson- Counctlmember �(�� 5-22-08 Mr. Kevin Swartz Planner Community Development City of Palm Desert 73-510 Fred Waring Drive Palm Desert, Ca. 92260 Dear Mr. Swartz, I would like to update you regarding the issues addressed in my extension request letter to you dated 5-1-08 (Attachment 1). Rather than to file the complaints on 5-1-08 as indicated in my above referenced letter, our attorney,Mr. Robert W. Stewart,Jr. instead contacted Ms. Pride in a letter dated 5-8-08 (Attachment 2). In this letter he attempted once again to remedy the issues in an amicable, cost effective and expedient manner. I've enclosed a copy of Ms. Prides response to Mr. Stewart dated 5-21-08 (Attachment 3) as well the letter she has referenced as being previously sent to Mr. David J. Erwin and the Palm Desert Planning Dept. on 3-21-08 (Attachment 4). Obviously, Ms. Pride is not interested in withdrawing her complaint. I am also enclosing a letter written by Ms. Pride,which was sent much earlier to the same neighbors that had originally signed our petition in favor of the aesthetics of the cart barn (Attachment 5).I'm somewhat confused with the two comments she makes in this letter( " red circled ") as they both clearly indicate she only wants to make this......... "Illegal Structure.......Legal". Based on the foregoing developments, I plan to immediately lodge complaints regarding the two previously addressed code violations on Ms. Pride's property. Additionally,I will contract to have our lot surveyed in order to establish the exact property line so as to determine the precise reference point from which to be granted the set-back variance that was previously discussed. I will continue to keep you abreast of developm�nts as they occur. Regards, . � � V�' Michael J. Toia cc: Ms. Lauri Aylaian / Mr. David J. Erwin V Mr. Russell Grance Mr. Robert W. Stewart Mr. Richard S. Kelly / (�� . ' �-���t��.. , �� silros Mr. Kevin Swartz Planner-Community Development City of Palm Desert 73-510 Fred Waring IDrzve Palm Desert, Ca. 92260 Dear Mr. Swartz, In concurrence with our telephone conversation of yesterday, I. am requesting an extension on my application to meet before the planning commission and any other documentation necessary for said event. As you are aware my attorney has contacted Ms. Pride in an effort to have her withdraw her complaint. Additionally, today I wiil file the documents we discussed regarding non-permitted projects on Ms. Prides properry. We reinain hopeful, that upon her review of the potential outcome to everyone, she will ultimately ag�•ee to all parties withdrawing their respective complaints. I can assure you that I intend to work through this process as quickly as possible. I sincerely appreciate your cooperation to an extension. I will keep you advised of our progress and please feel free to contact me directly by phone as you see necessary. Regards, � /L� Michael J. Toia cc: Lauri Aylaian / Robert W. Stewart Jr. "/ I'�� �- . �-��c-c,�+��- Robert w.scewarr, J�r. �2- A Law Corporation : 73-350 Et Paseo, Suite 203 Palm Desert, Ca.lifornia 92260 ���F � fl�2" 760/346-7427 - FAX 7601346-6110 AoeS�s.Tw srE�vnirr.JR 1V�1y$,200$ Ms- Suzanne pride 46040$urrQweed Lane Palm Desert, C�lifornia 92260 De�r Ms.Pride: Yn our initial telephone�onversation of tast week I was samewhat encour�ged to hear that your primary concern re�ardin�the neighboring cartbarn was to assure ti�at it wpuld nat adversely �ect thc title and ultimate va[ue of your home. It is my opinivn that the title issue could be addressed quickly�nd to your satisfaction and resuitant withdrawal Qfyour complaint. Once yaur complaint is withdrawn, the City has advised the Toia's that they will forego the need to appear before the Planning Commission with a property survey,thus allowing them to move immediately through the pernut process. In your return ca11 to me it appears you have moved back to your initial posirion of warlting to see .this matter appear 6efdre the Planning Commission. This wilt only draw out the process and will assuredly become castIy to al!parties, As you witnessed in the second ofthe Architectural Review Board meetings, Mr. and Mrs. Toia made note of your non,permitteti�azebo as well as the non-permitted hei�ht extension of your eastern facing block wall which is on the golf course. 8ased on your most recent positidn, the Toia's have advised me of their intentions to file complaints with the City regarding these two appareirt violations. This c�mplaint would have been filed last week, but was not because of same procedura] information of which they were made aware. T'hey w►ere of the initial impression that any cvmplaint(s)they were to lodge toward your property cauld also be withdra.wn as the City has advised your complaint could be withdrawn, This is not the case because the extensivn of your rear wal!to eight fcet constitutes a s$fety violation and as such must be follawed through by the City once they have been made aware of�t potenti�i issue. City Code requires any wati in excess of six�eet to be"engineered" "and cnmply with specific steel reinforcement and canent footing specifications". Since no pernuts were requested at the time the extension took place, the wa11 must now comply with today's building code. Funhe�more, if your height exxension has dama.ged the origir��i foundational footings then the entire wall could be brought iltto question. (cdnt) � �r , ' ' � �i����! Ms. Suzanne Pride � 2 May 8, 2008 Pag�two ��� �. a C- 2 The code for a gazebo requires it to be set back from atl walls by one foot for each foot of elevation of the structure. In the case of your gazebo which is appro�amately eleven feet tail, it should be set back 1 l feet from both the�olf course wail and the common wall shared with the Toia's. It is e�timated that this structure is less than two feet from subject wal)s. Once aga.in, since this is a non,permitted structure it must compiy with present codes. Although this does not fall into a saf�ty viaiation as the wa11 extensions m�y,the Toia's elec#ed not to file this complaint separate from the wall complaint. They did this because in all likelihood the City inspector woutd see the wail violatian when viewing the gazebo and the inspector would be obGgated to cite you for the safety violation of the wall, causing a nan-retractable situation, I believe this restraint on the part of Mr, and Mrs. Toia demonstrates their ongoing desire to resalve this dispute on the most amic�bte Ievel arad as a�esture to return to a more neighborly relationship with you. I respectfully advise you to perform your own dve diligence with thc City ta satisfy your questions with regard to your nan-perniitted gazebo and wall extension and the poternial ramifications, As I stated earlier,the City wi11 drop the need for a survey and Planning Commission appearance if you withdra.w your complaint. If not, the Toia's are corrunitteQ to the costs associated with the pursuit of this.matter to thear successfu] conclusion. The City has aIready indicated a willingness to grant the set-b�ck vsriance based vn the results of the praperty Iine determination. Going through this delaying arid cost]y process will not serve any of the conce,rned parties in a positive and productive manner. 1 urge yvu to reconsider the withdrawat af your complaint so that this matter c.�n be amicably resotved. If this matter is not amicably resolved the Toia°s have assured me they will pursue all of their legal rernedics. Feel fre,e to contact me at your earliest convenience regarding your ferward position on this matter, Very truly yours, ROBERT W. STEWATtT, JR_ A Law Corpvration Robert W. Stewart, �r.,Member RWS/dmh ��� . �►f/t�/"t� _� . .- --- ----� - �'`� �� t r�� 'Z., rtobert ste.�rart Ir. �y��,2008 A Law Coiporation 73354 II Paso,Suite 243 Pal�a Desect Ca.92264 I3ear Mr.Robert Stevvait Jr., ' First yau call me,with faise words,such as,"Did I get an e-mai�fram my lawyer"Then yoa harass me wirh a state,nent suc�t as,"�am not bei.ng neighbaxly" Now I receive a letter from you with words of`�intimation and threats"of"legal remedies" Mr. Stewart 3r.,iu res�onse to your statement in your letter,as to what I wi�aessed at the . second Archit�ectural Review Board meering h�ld ou 3-11-2008;page3-paragisph-1 was Mr.Toia's: si�temen.�:"Gate�ciostue"was chosen by the"Permit Specialist"assistiu� �um at the Building ancE Safery des1�At that time he made"FuIl Disclosure as to his uUl'�m�be G081" ' Mr. Stewart Yr.,in my Ie�tte�to Palm Deseit Cxty Attorney Mr.Dave Erwin on 3-31-�08,I asked him why he thought that Mr,Toia did n�t�i get a permit for the`�tOOF"at the same tim,�the"Permit Special"had ch�sen the"Gate Enclosure"for him,surly the"ROOF" is part of the"Ultimate Goal"as THERE 7T�ROOP SITS ON Tf�II�SIDE WA,I�.!! Did the"Permit Special"for�et su�ch an inq�portant part of thc"U1tima�Goal"AS TI� � ROOF? Mr. Stewart Tr,,Please be confident that the Palm Desert Czty Attomey lv,�r.Erwin,and the Palm Desert Planning Departmeat are not inco�pdent in�ng what Mr.Toia has orchestrated. Mr. St�wart Jr.,I have enclosed a lettcr I sent on March 31-2008 to the Palm Desert City Attorney Mr.Erwin and the Palm pesert Ciry Planni.ng Depazfm.eat in regards to the C.razebo. Mr. Stewart Jr.,a copy of your Letter will be submitted w the Palm Desert City Afita�ney, Mr•Erwin,also the Paim Desert City�lanning Departmeat and will be b�ought be�ore the Palm Desert City Cou�sel at their next meeting.Hope fiylly,I will aat l�ave to gresent your letter to a judg�in a court room. � �3 , _ ���?.��gJ"� � � Mr. Stewart Jr. �K�+c. 2.'��2 May�1,20b8 Pa��tw�o It is of mine opinion that the ethics you have disp�ayed aa�i the tbreat fiou�your clienls t�e Toia's are ex�mely foolish. Mr.Stewaxt Jr.,PIease do nvt ca�l me or caa�et me in regards ta Toia's"Pelmiuing Process"thcy must for fill,as st�ted by the Crty of Palm Aeserc Planning Departmern, Very truiy your, �S� �- �r'.� �� st�anne Pride � �y . n :�{���,�, � p�� i z��-Z The ga.zebo was bui�t x 4 years ago by my son ar�d his friend, whase �'a�er has ovvn.ed a construction campany in the Desert for aver twenty years. It was my san's gift to me, "welcome to your new hame". There is a 3 feet set back fram the back wa11 on the galf course, in which there is a S �eet easemen� recorded in �h.e "Preliminary R�port" There is a 4 feet set back from the side wa11. Not being attached to any thing, and becau.se of the set bac�s, I nevex asked about a pez�nit. I "had" no knawledge af t�e building pracess, {as you all are aware, I hav� now had a* crash course !n*- 101 buildin� nracess.*} !!i r r r►r Mr. Toia is t�ie third person to buy the house at 46-020 Burroweed Lane, Pal;�m Desezt, th.e gazebo is not attached to anything or encroaching on to t�ie property at 46-020 Burraweed lane and has not aegally interfered. vvith the selling ar buying of�his property. When Mr_ Toia bought �his home, �e told me, "how beautiful the gazeba was and how laveiy it was to loa� at. I asked h�m if there was a.ny prablezx� with the fl.owers going in to h�s paol, he said, «��» Mr. Toia has brought the �ssue of th� " gazebo" to the attent�on of the Buiiding Department while he is in the middle of his xssue wi�i the "cart barn". , / r�� � ��T�-��-t� c . ; ,� .� � P�� ���-�-- Mr. Toia is we�come to fill out an "�nves�igation Request Form" in t�ie case af the "gazebo". � caxi renxove the gaze�o in a rnatter of"3 hours", if tliat is whax is required_ Is it possible to have "one case at a time", as to not dilute or con�'uses what ' to be focused on? j�, y�n� Suzanne Pride l� i� � . ='�=�-'� �/��.�!'C 1"'u�o1�3�� .^�---- �� Deaz Kind and Considerate Neighbors, ��� � ��Z ------ Thank-you for all of your letters and signatures in regards to the "BEAUTIFICATIOI�" of our neighbor. As you all have stated in your letters,you have driven or walked by and witness the transformation of the house at 46-020 Burroweed Lane_ Palm Desert, Ca. 92260_ We have lived this transformation for 10 yeazs, with several different owners; this house has been under construction for 7 years. Our family bought many garden hoses that we connected together and dragged thern over to 46-020 in which we used our water to keep all the trees alive for over a year. . We are ever so grateful to the Toia's, for the hard work, time and money they have � invested in their home,for this`BEAUTIFICATION"is truly an asset and value to our neighborhood. This past fall we had to remove the dying Juniper from the common wall on the north side of our back yazd that the Toia's and we shaze. The picture we have enclosed, taken � 2-4-OS by the City of Palm Desert Architectural Review Commission gives you the view of what we see in our back yard wluch is far from the defin.ition of"BEAITOFCATION". Mr. Toia had a pipe,over lapping the wall from his roof on to our side of our property to drain`�vhat ever"on to our properiy. I asked him, Mr. Toia what is the purpose of this pipe hanging over the wall on to our property? He, Mr. Toia removed the pipe promptly. My son-in-law,who works for the City of Irvine in Orange Co. came to the house for Xmas.He was in the back yazd,when he saw what you see in the picture we have enclosed, he said to me that he did not think this was"LEGAL"and encouraged me to go to the City of Palm Desert Planning and Building to make sure. Here is what you need to know: 1-Mr, Toia applied for a permit for a"GATE ENCLOSLJER"—not a"GOLF CART BAIZN" 2-NIr. Toia did not apply for a permit and get approval for: a the roof of the golf cart bam b-the inside wall of the golf cart barn c-the garage door of the golf cart barn The"GATE ENCLOSER"--"GOLF CART BARN"--is an"Tllegal Struct�ue"with out pernuts or approval. This "llle�al Structure"will have to be disclosed by the home inspector and will affect the sale of our home. � « « Because ttus, ILLEGAL STRUCTIJRE. does not affect the sale of YOUR PROPERTY"I am asking all of you to allow our family and the Toia's and the City of Paim Desert Planning and Building to make this "ILLEGAL STRUCTLTRE" "LEGAL" � � � ffi �I f��bik 1'l,��N � • � . � �� ��y - . • � p,� z a�-2 The"BEAUTIFICATION"of our neighborhood,yes is a wonderful application, yet this `�BEAUTIFICATION" must be_applied.within the°`LAW" __.- �-__----___�._ __ .__ _�___ � � ne is re uestin that the Toia's not have a"Golf Cart Barn". The request is to make No o q g � the"Golf Cart Bam"-------"LEGAL" !!!!!�!�� - I know that all of you have not been told the details of this complex "Illegal Buildin� Structure"; it has taken some time to get all the facts and details. I ask of you all to consider not getting involved in this matter that does not affect the , "SALE OF YOUR PROPERTY" We have been quite, considerate,kind neighbors in this neighborhood and mind our own business. We have not caused any grief what so ever to any one in this neighborhood You have signed a petition for an"ILLEGAL STURUCT[JRE"in which your name is on record at the City of Palm Desert and available for the pubic. If you care to take your name off this petition you can contact: Kevin Swartz at {760- 77b-6420}-- e�ension--#485 . Thank—you for your kind understanding consideration. If you would like to speak to me, {760-668-5444}, � You are welcome to do so. God Bless you and the kindness we shaze in our neighborhood Sincerely, i' --�'�------ `�y� Suzanne Pride 46-040 Burroweed Lane Palm Desert, Ca 92260 760-668-5444 Mailing address: P.O.Box 2688 Palm Desert, Ca. 92261 r � � October 16, 2008 City of Palm Desert ���-� ��- -�,�. 73-510 Fred Waring Dr. � � Palm Desert, Ca. 92260 OC i 1 v 2008 Director of Community Development; , ,,, ._ . ,7,���yT Lauri Aylaian %QM�'�ra'�..' . CI'fY OF PAL;�uESER" REGARDING: Architectural Review Commission Action {Revised} 4-8-08 Deaz Ms. Aylaian, I did not appeal the Architectural Review Commission meeting on 3-11-08 because of the conditions that were placed on the approval. 1} sloping roof back avoiding raising roof anymore to get slope. I have just received a copy, for the first time of the fRevised Action 4-8-08}. 1} sloping roof back; minimize the raising of the roof to a maz of 1 '/:to get sloue Was there an ARC meeting on 4-8-08? How and why were the 3-11-08 ARC meeting conditions {Revised}� The view of the height of the roof,which was never approved, is the most unsightly part of the structure from my property, and to now learn, it has been approved to go up higher is beyond belief. The statement you made to me 3-6-08 at our meeting, {Sometimes life is just not fair},Needs to be written and placed in the: Palm Desert Municipal Codes along with the Pa1m Desert General Plan adopted by the City in 04, "T'he City enforces the Uniform Building Code" {UBC} and, "cannot adont standards that are less strin�ent than the UBC",as it is a must for the public to read and have the knowledge of what Codes will and will not be enforced by a City. Had I known of the {Sometimes Life is just not Fair Code} of Palm Desert, I would have bought a home in Rancho Mirage. Thank You, for your past and present help; Respectfully, _ ��� Suzanne Pride I will come to the City to pick up your response, {760-668-5444} Thank You / 7`� � � _ ` f� C1TY Of �`��, L �l DESE � t � 73-510 FRED WARING DRIVE � PALM DESERT, C�uFORt`u qz26o-2578 ; rEt: 76o 346—o6ia F�x: 76o 34�-7oq8 ; info�palm-desert.org March:ll, 2008 ARCHITECTURAL REVIEW COMMtSS10N ACTION CASE NO: MISC 08,40 APPLICANT (AND ADDRESS): MICHAEL AND MARIANNE TOIA, 46-020 Burroweed Lane,�Palm Desert, CA 92260 NATURE OF PROJECTIAPPROVAL SOUGHT: Final approval of golf cart bam structure far i�s aesthetic blending with the existing home and surrounding community. LOCATiON: 46-020 Burroweed Lane ZONE; R-2 80QQ (4j 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 stope; 2) redoing and cieaning up entire flashing on perimeter of structure, not going over property line and obtaining land surveyor for property line location; and, 3) continuing the tile on roof. Date of Action: March 11, 2008 Vote: Motion carried 4-0-0-2, with Commissioners DeLuna and Hanson abserrt. (An appeal of the above action may be made in writing to the City C(erk of the Ci#y 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 Cammission for approval.) STAFF COMMENTS: It is your responsibility to submit the pfans approved by the Architectural Review Commission to the Department ofi Building and Safety. CONTINUEO CASES: ln 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. � I�M:U1L[t�iR(.Ktu�t /80 , � � � CI � Y � � PNtI� DESER 1 - ..�„ ( 73—S�a FRED WARING DRIVE � PALM D£SER7, C,u�FotttviA qzz6o-z57g I �t» 760 346—obii � F�x:76o i 341-7og8 i inFo@palm-desert.org April 8, 2008 ARCHiTECTURA� RFV�EW COMMISSION ACTlON (REVlSEDj CA,_ SE N„O: MISC 08-4Q APPUCANT (AND ADDRESS) MICHAEL AND MARIANNE TOiA, 46-020 Burroweed Lane, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Fina! approval of goif cart bam structure for its aesthetic blending with the existing home and surrounding community. LOCA_ TIpN; 46-020 Burrovveed Lane ZONE_: R-2 8000 (4) Upon reviewing the plans and presentations submitted by staff and by the applicant, the Architectural Review Commission to a merit subject to: 1} sloping roof back; rninimize the ra s ng of fhe roof to a max of 1 %" to get siope; 2) redoing and cleaning up enti�e flashing on perimeter of s#ructure; not going over prope rt y line; 3) o b t a i n i n g l an d surveyor for property Iine (ocation; and, 4j continuing the tile on roof. Date of Action: March 11, 2008 vote: Motion carried q_p_Q_2, with Commissioners De�una and Hanson absent. (An appeal of the above action may be made in writing to the City Cterk of the City of Palm Desert within fifteen (15) days of the date of the decision. Any amendmen#s to this app�oved plan would need to be re-submitted to Commission for approval.) STAFF COMMENTS: It is your responsibili#y to submit the plans approved by the Architectural Review Commission to the Department of Building and Safety. ;)nr�e a.�Encia r:n� /�� i ,� j �--� �! ...i f�i� > t ����C�� ���i�� � � ���� �rT- r ' � +�d�r.."r!�:�--- ,__..� ���?;�UATE.v_1� • 9 �0 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 overwl�elming taken advantage of building what ever illegal structures he des�res, 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 l shucture but 3 illegal struciures!1 - We must not encourage or reward this arrogant display of a neighbor who would take advantage of a single woman and then turn his illegal acts in to being the one in the neighborhood who is being applauded for his ef j`'ort?? I urge the City Council to carefully consider the legal objections and deny the request for this varianc� Respectfully, � • Debbie Wheelock � ;�, 4 �a Dulcinea :� `U-'Y Palm Desert, Ca. 92260 � ��' . ---� --�::: ;-r�:= � �.: -.� r��>� �''�'�? � :�a f� .. f:'�7 W ,y-- �a � rn. �g:� � September 30, 2008 City of Palm Desert 73-510 Fred Waring Dr. -� Palm Desert, Ca. 92260 Regarding:Deny {Variance#08-261} Non-Permitted Golf Cart Bam 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 ma�Cing 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 concem for the view from her property or for - - �iow-t�s�l�al.stxuct�r��o�ldd$��lue-hex-nr-Aoe�► 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 NLs Pride and her property is inexcusable. �e y, David Goldberg 38721 Desert Mirage Dr. Palm Desert. Ca. 92260 /�3 < . • City of Palm Desert 73-510 Fred Waring Dr. Palm Desert, Ca 9226Q September 29, 2008 Re. : Deny Mr. Toia illegal structures (Var. 08-261 ) 46-020 Burroweed Ln. ,P.D. To City of Palm Dalm Desert, ' I have lived in Palm Desert for 32 years. We were local Builders , Arch. , and developers"Branko Lepan and Assoc.". We have build 28 apartments unit on Hwy 74 "Desert Atrium Apartments" now "Atrium Villas", and several homes including our on Bursera Way. Susan Pride was our friend and the best tenant. When she bought her house on Burroweed Ln. , we witnessed every day how much money she invested and hard work ta improve her front and back yard. We couldn' t believe how her neighbor could built illegal structures without City permit. . Please deny his request, which devalue her property. Sincerely, .,� C__._.�.--C.��--� Rose�epan 74-310 Magnesia Falls Palm Desert, Ca 92260 ��`1 October 2, 2008 City of Palm Desert 73-510 Fred Warning Dr. Palm Desert, Ca. 92260 Regarding: Deny �Variance # 08-261� GolfBarn 8c Workshop- 46-020 Burroweed Lane, Palm Desert, Ca. 92260 Dear City Council Members, Mr. Toia has lived on Burroweed Lane for 3 years, built 3 illegal structures and has the neighborhood appalled at his neighbor, Suzanne Pride, who has lived in here home for 10 years. Something is obvious wrong? I urge the City Council to look at the facts. It seems, Mr. Toia has displayed a disparateness to cover up his behavior, in which he feels the Law and Codes of Palm Desert does not apply to him. This summer we visited with Suzanne at her home, after seeing what the neighbor has illegal constructed we feel he has taken advantage of a single waman an�hzzs attempted-to get away with ns muclras he p+�ssi�il,� cottld�-�o benefit his property value with no regard to the onlv neighbor affected. Ms Pride and how his structure devalues her property. Suzanne Pride has lived in the Desert for 20 years. She has helped my family and many other families thru d�cult health issues with her medical knowledge and for that we are all grateful to her. 7'his unseemly illegal behavior and disregard for the ONLY neighbor affected must not be supported in arry manner. � Sincerely, Abraham Kaplan 38711 Desert Mirage Dr. Palm Desert, Ca. 92260 � 8S F ' . OCtObe1"1, ZOO8 City of Palm Desert 73-510 Fred Waring Dr. Palm Deser� Ca. 92260 Regarding; Deny{Variance # 08261} 46-020 Burroweed Lane, Palm Desert Dear City Council Members, ! have been fo Suzanne Pride's home on Burrovtieed Lane in Palm Desert for many of her luncheons over the past 10 years. Her back yard is the Pride of the neighborhood. Mr. Tola, the neighbor has demonsfrated a disregard for the Law and Codes of Palm Desert and an obvious disregard for neighborly conduct . l was in disbeTieve-wFien at l�fs 1snaTe s home r�ecen�, see�ng-�f"ie 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 app/auding thls unsightly structure, "Let Mr.Toia come to your horr►e and build on to your waU"Il and see what an asset value it wili add to your home. ! urge the City Council Members to enforce the Law and Codes of Palm Desert and to Deny such direct violation. Since ely, Pat Mitchell 38 Luceme Dr. Palm Deser� 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 appeararice of her back yard. Her neighbor, Mr. Toia has demonstrated not one time but three times his despicable behavior of building many non permitted structures on his property, in which they are in direct violation of multiple codes. _ The building and structural setback _are part of the - --- --- --- -._..... criteria to be used in determining whether a project should be approved and the adjacent property owners must be carefully considered before allowing the integrity to be compromised. I urge the City Council to deny the request for a variance that would compromise and devalue the Pride' s family home. , Respectfully, ���� � ��� Dominic Posillico 1 Cambridge Ct . Rancho Mirage 92270 1 �'7 � 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 lrnown Suzanne Pride for many years and have been to her lovely home for several back yard luncheons in the past years. It is obvious; h�r 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 Ba�rter 138 Picadilly S� 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 se� the unsightly structure her neighbor has built, and to find out the neighbor has misrepresented him self to the City and neighborhood, is unacceptable and certainly reveals a lack of illegal responsibility to the City and the neighborhood. As the only neighbor affected by the illegal structure; the City Council should directly considered the private property rights of the Pride F�rrrily. Sincerely, _ � �� . Gaddy & Hank Stoffers ' 3 Jennifer Court Rancho Mirage 92270 1�� � ' ,�,v' �� �; � � ��� r�A�'����t}�► ��'�`>�'C�" ���CT��t�.�,� _�� �" ,� r `J October �I�k�!���-r� � � ' � -C.��� � ..r,��F�+.u.�:V:..,� '�:,', ��f 4, 2008 ;;.�;,,��, � ,,T _� �,,� �: �� .. City of Pa1m Desert 73-510 Fred Warning Dr. Palm Desert, Ca. 92260 Re: Variance Application# 08-261 [46-020 Burroweed Lane, Palm Desert] Deaz City Council Members of Palm Desert, My name is Mazc Giovennella. I work for the City of Irvine, Orange County. Suzanne Pride is my rnother-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 tnte 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 b Suzanne to the Plannint?Department} When coming to our home on Burroweed, seeing the juniper hedge removed from the north wall in the back yard, I said to her, "some thing is wron� When I was told of the pipe, Mr.Tioa had from his swamp cooler coming over the garage r�a�-�d-e�e�t�e�ua�l d���on.to au�prsge�g',I vuas..outraged. It was clear to me at that point; Mr. Toia had seriousty taken advantage of my mother-in-law,and that was just the begirming 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 �ermitted stru,_, ctures, 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;ar�d 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 aonroval 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 Insaector encouraQed and gave him permission to build the non �ermrtted structure" I must state for the record, Mr. Toia's sta.tement 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 reoeat.I am the one who insisted on this comnlaint. not mv mother-in-law! for the following reasons: I Q�a �` 1 . • `, 2 1- My two young children are in the bedroom& bathroom next to the north wa11. 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 n�nning at 8:00 at night. 6- N1r. 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 tha&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 cazne 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 yeazs to go around the neighborhood with his despondent story,telling the neighbors, S�i�anne Pride, [who has been in her home for 10 yeazs], is responsibly for his decision to despicably deceived the City of Palm D��C�for t����uilrli��f sev��al�on��C�d �truc;tar�s is sharn�ffiYi nons��s�, f�r he obviously did not tell anyone he had truly built with out Legal Permits! Nir. Toia is extremely desperate to some how have the City approve his illegal non permitted structure. For the past 9 months our neighborhood,in which City Councilman,Richazd Kelly happens to live, has now gotten involved in a Legal Privet Property matter, in which tLev have no letal ri�hts what so ever� as their Prive#Proaertv 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 azound 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.Kellv's or the Folks in the nei�hborhood he is renresentin�. Does Burroweed Lane have a different set of Laws; from the City Laws and Codes, in which the lawn and weeds aze more of an interest than my families Le�al Privet Propertv Rishts? 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 pemutting papers authorized by the City and the Legal papers submitted by our attorney,Debbie Sherman with pictures,he would cleazly know there is "no misunderstanding". r 93 3 The facts to understand: Mr. Toia states; 1-17-OS- "Late in 2005, we began discussions with the City Department and in the review of our sketches,we were advise of the frve feet set back requirements". The City of Palm Desert did its job of informing Mr. Toia of the need for a survey,to establish the property line and also the need of a variance for the set back code of the cart barn he was seeking to build. Mr. Toia made the decision to disreQard the advice from the Citv�and now he,not my - mother-m-law, Suzanne is responsible for his decision to despicably violate both public law and private properiy rights. In Mr. Toia attempt to have the City approve the cart bazn,he has.[ altered legal documents,and committed perjury] thru this process a total of[3 ille�al non nermi4ted structuresl have now been disclosed. This behavior by Mr. Toia obviously shows a pattern of dishonorable actions to both the City and aur Family. The neighborhood of Burroweed Lane is in desperate need of legal attention from the City of Palm Desert. There are neighbors,who allow their dogs to run unleashed,when our family with children approached the neighbor,he was extremely violent,he also feels the laws of Palm Desert do not apply to him either. I asked, "Is this the Wild EasY', Lawless ? In Conclusion, I ask the City Council Members of Palm�Desert undex the Mandate of the City to enforce their Codes and Laws and deny Mr. Toia's request for a variance. Respectfully, Marc Giovennella 1 Sequoia Dr. Aliso Viejo, Ca. 92656 ��� _ .. �,: = ✓'1"" 0 � ;: � `p -_ ..__. � N =__ r"� .. � _ � t� � - w C _. a _�; ,L U '1 1, i. ----- --- __ ,,_ _ _ ,--===_ -``- - - --- __ ,-._._ _ � �`�-__ —___--- ---------�- -� V �: � � _ � � ` � a °� _ 3 _ � � .,�� -" =. .a - : 00 _ _ � � -_ � - _ -. -.-- n -c o a+ __ o �. � - ���� � ; .. i �• � - -- , �c a _� � �; `--- __ _ t�" ' - �...... tC C�t �, - � � � ---:. a p � ! � _. •• ' � - - �.- � •^ i .. a� � — .'�' O - �-: � � � ; A � ___:_ � � _ � -_ _ � O f � � a 3aa � _ o .� i _ � � : ; ; o � a� '� _.�,_- - :,_� � o . --______�.__ .��_ ---_ : 1�' N �" p � :--_-�. _-� i - O r � U � ' .� � - .. v� � c ec _`_ ,_ ' � F, � ` = � � � . .� i„ ; � ^a � ; - _ _ _ ` � pq � � _ C ,.,.� ._`� _' - - � � ___ ... . ; � � ' A"� N ` � -- _ _, � , _. 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O ; � t4 '�"� :�-� -- _ _ ' - � " v1 _ —— �-- _ �_ ,., , _ n . - _ s ,,,�� .�.. . .. ;r _. _.._ - 3._ s - - �=-" — __..__r--�--� 19� ��� ����Itx� ��s�� ������c� �t����c��i�►� �3�3V��E���i�JICJI��WN�;�'S AU�'Ht7R;�E3�A�Ei�' �aF�'II�A_11l�' ST��'�aF�ALIFGRNlA ) G�l�N'#''��►�Rf'�R�lQE ) �3TY��i�-A��vl D�SERT ) ;, �W��, � �'r �1 i� being�uly sworr� de�oss anc�dedare to#he best o# knowiedge tt�at th� t�ny/ourj iarega9ng is tri.�e and�orrect under the penaity of perjury: FXE�t�'E!?AZ: ��lt� ��S E�-t' �t�1� - {CIT'Y) �STATE) DRTE: � �G.C� �$ {M�NT (aA'�'j {l'EAR) APPLICAN�', OWNER AND/OR OWNER'S ALlTHORlZEl��GENT: //�° (, l^ a M��7 '/ -'�V �� L�/I a jPrirrt Name) 9 (Signature �bD�o F,�r,��2R��..'YJ � (Mailing Address) P�t.r� DES�-r c.A . °I22b� (City,State and Z�p� �-t r�) ��-� -� 2 (Area Gode}Telephone 3Vumber ��� ����� '✓i 3 t`����Vi ��v�� � �JLi'�tti i�tVi�IV� llr ��SL�'iVll CC �l'1���! i :i� , ;��l-.`�ri;,g u�<v�, rkl�-� � s � iit:�Yr.i� w22c0 (76G) 776-642� �QR� ' `� � `.''�- � 8�"t, 8` p i[u CvNtr:ACT�S DtCW?dTiOk:i.` a� - _ ._i^'r'. , ,_2 i.e.. .;,�.v::,�_�_R.+� Wc�RKERS`COUPEtSAit�OECLFRAfl�ti:i hc?LY 8c�t�;.�i;+�t1,:iv ry�7er�N r�se U'h'E wiit�tt7.OcU2�3tY';5 �. ,. ..5,�;'; h al,.-.+�S a:7'Yf.^a.v_�-.,._vc a. � .-'.�c N..,..'v.K a x.Frcx.E.iu'xr",N7'Ci:.Yr. i.h,�vE 8Y Fr 1tkS��i?ir'_'E�:ic,,lc�G�'75�t:i i0 5efi(1,.WR�'r NG!KE(5'C„^f."t�l5ult^JI.a.i GfCn'ICB�'?f LN YC»3ii+.��'h:.i;pr f:,,+ � •V ••.•• .4 - �`.1��;C4�.�IGIICEU�b1YWIK&:rw��-'�I�scem:iisi�.�'. i M:e a�-a!w;�mai�2dn wxk�rs'cor!K�ec�aon irs;rm�ce.as r�:.ar��r ax:w�3"ti oi�e!�e:Cxe.ior u�K ce^«;..a�:e�i;!�e w,1 — ur r?'�t F'S�e+mif��.ww.YY+�etateB'ca�'S2Uon u�s,!�nce tarier dad xi6.'v��3r's as hsfvJ: � ..�:'ac' e��a�i. � �as se�n r�C�1 beca���d a!4e pertn!a Isone hunfred doYars(SfO�)a fes;f. ?-BUIIC_n C �nAt Jn *a r,� I r � ,rr a��,��±re i,:,nUa s�a;e 4�;,:;��aw ia the lou��;r� I c�y Ciat n the periar.rar�ce d bre r�enc fa nttich Uis�nrit's issu�d,I�net ert�pcy a�N?�"�r i:artj ma� r su��_�.�,^e iac.?�: :,s;.._ ..r��.,�,� a� 4cy c;�a c.,�.�w.�:�re,w.._��errn�;o�,�ur��cr,��:�rG tl%moisn,w r��r anY s�.,�ct�tl�Wcrkers'Conpersai�n laws d Caie�maa,�r�6iat d I s�u�o�:�ne wCiect to m?�:xacs w�enk,i�n D�.w s•� e,r i�r:�.�� ...�i..�.., :.�, ,,:tl�fi�.c.`�'�'s�.i:.r��:�t'4!E u s;^:1:13iH"2�'�Tdf re:f:�he i5 IY'.8(ISid p�rSUa(I!lo thE prOVi5iDr5 d d SEc�Jn 37�fi ol Iit2 L'aMr CAdE.I 5h3N bAhwi'oi Coft�piY Ntd�C'A5=D(O.tS'vX�S ro n S r r , ur r�c�c`a, � : sr 3��.e�:.:.�s erd Frue;�ca s CMeJ a Ne!h�a sh,2 is �,e.,,:�,.T.<�:•., _r;�:�.r�.. . , s iar�������,Ai a tr�2��,�i�r a�,;.��s�n,-ts ihe�ppirc:ar�.��a civ� yate: �acanrs�igrGue: .1�c4�,�e�a;���Fa;.x A.�___;3.�=;. YtA��itiG:f?�.Une iu SECURE W�RKEP'S CC�PENSRTION CQv'�RAGE IS UNLaMlF�i.nRD Sti�Ll.Sl;xECT!tN cA1r;.UYeR i 0�=:�?i:i a>ck*r:r,-e r;�;y: �:;x3�+r� n_,�as c� ;;�AF:��§W tiii�c u�,�x a�;,r�.cwG�x i;r�int�J!�or a;�i,r r'"tiiA1.T:ES AM�C�Vii FIN�S UP TO OME HUkDFED TFiquSAND CG�S iStOC,OJGI.iN Aa�!TiON TO THE GO"sT Qf CO�iPENS�i;C [t 7usa.h..�es:�r3 r,.;an�y,_t.r� .,w,<2d..5 aLie L',ca.'�,9 t_x d�r,�ap�iv::a,v�'tr o't pr�E",y wfx�c15 Ci a�:toteS G1vd�1GES tlS��S'i?c0 FOA IN SCJ'T!ON 3'Cn GFTNt L4EOR CCDE.IN icFEST p,"'u ATT04H[5 fE�S. �r��eces s�am nas r�_ L 3 a��;s cr�e�a,r z�^�z�.Mrr+���hat s,co a�^r.�!�is�re:�i m±r�qea a oi�retl ia szl>.tt, CLwS i i�CTfON LEFiDiNu",1GEN�i:I herehy aii�m�r�r u,raqr d ae�ury�at�re is a crosn�on I�ng a�nc�'w'�r;;�riemaxe;:�xc :ie a:i a _ ;y,,,,+e^�w,��,.ati�r ar!e�.a;_a cG�.�.7,:,��n°;e��;�er��ha����5cfe�^,r�±!n�;�at he a sh�e�r�t b�ri or �:wr�.r Ctis pem�is i;;ued jSec.3097.Gv.G). ._;ir,_sv:e;e,i�:;:. �;,,;;t� �r,r_ r__�:�a�-.,,��.W: :�-:w.:,�_,�z,.,,.,�+�r e.���,;�_ ,.,;.�%:.ss a�P�s�a�Cc�e: ta�6ei s!�me �..'S �h.X�c i..*^r.',�:fd dF�Nr t 3�i 0�t��.z!C'r:2Ry w:^-0�i:,�'s�c�:..'a'C4'&S i�iSd.Y!.d��^C�rrr;tl"r"w5�.�if�H�"ptCq'w^5 18`�1�1 a ._ :U.�.,,.Stidl?`,i�=,.�:w.:..r.'"r'w5 J�ctE�i.aa?L�6Y%. �&'YJ2�S f�!ESi: I yyce�-�t'ry cut i ha+e r��es ap�ficari�a+��la ubf��2 abeve i��rtna6on is carta�l�ree to am�y rumm a�:ty az�az�co��y crti;ances ara s6'�a x.��_i:.:�.:...: �.a r..i..:;�.r�x..'r: �M�t0 Cii�Ifbti�Wn5'c1lCtipf,2nd hEt�j 8L*�qt�RB t2ptEScYq8fi25�C�6 Qly IC Ent2t tpq'1 N2 eG6YElfafitlGtEd pfOp2t;y�ib!inSpBCoiwn p�l�asz? F � �, } ,tt�A'2iii2: � .� L.� �i �j �-���'%� . _ �.. �• p ��w � � • � r��totn,r�..,rdc�Ag�t ��`^-��v20 BUKRGWEED LN AS BUf T EXERCI P"�' ° 08-00045333 I`�%25/08 --_' ASSESSQB tL ^ CEN.TriG,G�NO. -*.��:�i L��ER RESIDEI�3TiI1L {CONTRA�TOR) b� -`�DO-023 -= Te�ACT NAME �vi�. MICHAEL -� ��.v�U BURR��?EED LN �`3862-00-4d`b2 ;`�r�E -9;- - i ���� P�:�t�; D�.SER i V���� CA 922�� � -( 760) 34Z-4412 PERMIT SUMMARY IC,?N i G�iv'E:: *BUILDING PERMIT 237 . 1� ,��,.� *ELECTRICAL PERM . OG ,=::5 �MECH�NICAL PERM . OG �: - >_;PC��= i ?�.',tvE i *PLUMBING PERMIT . 00 ._- •_ h:,-:;�_.,..:,+e�� «.,,r���K.r.; I ;�d;`A jOTHEk FEES 74 . 75 --_ - _ _ _r__�./ 7� y _���enc. ; — *��_ L-11\l��ryi��la�i3J ' � . . . . ... .... .... • -- �t�ECIAL NQTE5 A3`�iD COMM . TS -- J Gara�e conversion (exErcise xoomibath} `�, � �ons r�ted wi�hou� permit & requ�red ��c���ns . �iela insp�c�ons may . requir� dastructive samp ling ,to verify �' as-bu�lt . coridztions _mee-t min�mum 2QJ7 `� Cal�fornia Moclel Coaes in effect . �� � l� '` � p��� r---�-----� `� '� � a '", .` � � � � �� � ��- �y.,� �r: � �;��3�, � Date: 8/�3/i�8 �fi ket�ip# na: 24:53 L..::�y''.' ��al tan�ered f311.85 `t = �%--: Tatal payient 1`s11.85 � ,.,�. �� � . �:._ ._ ._ . �bl ,� �l City of Palm Desert Ciiy 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 � �j��}1 T3 �-t- B. ARCHITECTURAL ELVATIONS: { Show height of new structure }* � Mr., Toia states; "previously submitted and Auuroved by A.R.C" a- The hei�ht apnroved was not by A.C.R. b- The height approved was bv the Building and Safety Dept. on 1-3-06 c- The height approved was for {MATCH EXISTING STUCCOED WALL}, as Site Plan shows. d- Architectural Review Commission Minutes,March 11. Pa�e 2 of 14; paragrauh -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 insnector and Incorporated prior to his anproval for buildin� Final si�noff". e- I spoke with Debbie LeBlanc, Building & Safety Technician, She said, "The final signoff did not address EXTRA HEIGHT}. f- Final signoff,was address by Mr. Mike Neely,Palm Desert Building& Safety Dept.,who came to 46-020 Burroweed Lane P.D. - on 1-23-06 and singed the Job Card HE{ IGHT TO MATCH EXISTING STUCCOED WALL "GATE ENCLOSURE" * {ONLY} * � �� Conclusion Once again Mr.Toia has Orchestrated, and Under the Penaltv of Periurv,the deceit of saying {HEIGHT-APPROVED BY A.RC.}, he does not fill out the Hei�ht puestions on the fVariance Anulication}. {WHY}? aa3 . ., � � � ; ��� � �, '" �'��� ����������� ����� ��.� � ��������� l���ti�� �4c�s�ar�d �ri���t���;mensi��s Lor�#ion and dime��i�n��af�!i exi����g a�� p����se� ��s:�rr�;i�� f�I lltlll[y II�iS iOC8�1t5t�S {ga�, eiec�ri�, ca�`se, :�a�er an� se�t�v�} ____ADA Rarnps; �ath�a�� �ath t�f tra���l A[I existing and prop���d str�tct�re� Ai!building�etbacks�rom property lines B�ildin�dim�nsio�c(include reof overhazgs; Location, eievations and height of propased walis and fences Lacation ot trash encfosures Parking layout with dimensions of stalls, aisie widths, walkvvays and surface typs �fap Legend incfud4ng: Gross and net acrsage of parce((s} Gross and nst floor area o#structure(s)and type Qf use Required ar�d proposec3 number of parking spaces (including handicap) Lot covera�e(percenta�e of land covered by building(s)) Landscape p�rcentage in and adjace�t to the parlcing area B. ARGHITECTUR�►L ELEVATIQNS: � � �ItOUS�-� Show haight o#new structures from Finished Grade to highes#part of the strt�cture,the rc,of parapets, an� I�Mt'�E� each floor. �N� Shaw screening for all roof-moun#ed equips�ent p��� R Pro�sed signageiawning lacation(if signage will be on the buiiding after it is built) '�' T�S� Cr�Bored Elevaiions, rende�ing and/or perspectives{separate sheet) . �.�. C, Fl.t�OR PLA,NS; Dimensions of interiar rooms Label ai1 rooms �imsnsions of al! exterior components �3. RO�F �L4N: Indicate top of parapst heights � Location of roo#mounted equipment L.ocation of fadder for raof access � ao`� �� . _. : E` f,--; 7 �_ . �. 5 C='^-- �^ � - t�? �� ..--� I= � � �':\ - t� r. , €_'_'�"' a�...w �� - . .� ��... .,.. .. � � __ �- .� �s tv =3�� S :... �s �.:_� � r�' _._...��e..-- ..._ - ...� d-J ` t ,T�{ .. :.. . _ _'..,_.._ _.. ._..'_ _.'" . ��—. .t �_ _...�____'____-`._"_"_._...___ _.._....-__""" '" '_.-,____.. ..- . . __ �e � '� _ _ _ t v +'�x� . � _ - y�.. :,.+�.;. ..��:_ .�""'tb,: . __-.+= n..r.mr-', .r,_�.�. . _ - ' _ _ " ' -' �-rvi..-e�`-�x�'�'� ' i, i` �:;4 �`h,�-. � � F - ��`_' j { . ,.....,,_�---'�"".'x�'� �. ��_- r - �r� 6` ! . � �a�.,�-- __ �_ � .� � � yc�� .._.. .. __,_ � ,. .� �'��_. `-' -'--^--'"� - �:: 'r .._,___.- �� - � � � �� �F�, � _` ,r--�--�„ � � �,�,Q`, ;. ...--- �."�' ,�.�.�.,. �' _ . � ���� 4 � 4 .��^zG ��Z..:`�- "`�-�- � � � � 3. }�.�q�s, v'. ,9 - �'!�d�� efq� C 9� _ �_,. . .._.� . �. _ ..—.. -" •__�___. ._ — _ __ �,,A �_ — ., __ .._�... . __ -` E � . .. .._ . .__""—.�"�—. .._.. _._._'_" �,.: '_. 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' o !'3 �'e �11�i�ac�ri�tl� . �1 =�a�pcc�r� _ .�-:�. �-�--- _� -- - _ ___. _ _. --- _ On 1-23-06- Mr• iViike Neel,Y, Cit,y of Palm Desert Building & Safsty ep . cam the home of 4b-020 Burroweed Lan� Palm Desert,Ca. 922b0 He signed the Final Inspection af#he Job Card for {Gate Enciosure Stuccoed Vtiall To{ �1'CH� �'ard Wall ONLY} Mr. Tvia t�e year of"08" added {CART BARIti PROJECT} To a Le al Document,Mr Neelv did nat see or si�n. . ;,. -- � �� - . .;2't 5 �J.. ' 3r.. �� _ � fi . 1 M ��'• �, � _ � �, w -.;h � r id�_�' y �.. ;� � � �y,y ;. ` . .y�, • j ,f� _~� 'ryr `� � .�.� �''�`��� ai����i� :�;r c.7itv��(/v=�i%' y�,?{-T M tl�. � � ti � 17� r'4' > j�� .. ���• T '� ,Y' ' l� ��j�p,,li,( ,h,RN:. y, �� (1 ry'".!. y p C /! . {-"��!�i .^F��.�1 � .JK '. ;t�li[KS� ,CY' �: : . . .. 1� � ' i'� . r Y -V V��V��•V'�. � �. .�.K'�x.*`r��.,,l�y, .�.� ��!r H�,.�uu1.�41� tk��'� r�y�.�t . .� �.��i�7�7� � .. � � . ��. � ���1I�^���T,� �T':,a � ��� '�.� �. �.: . . .� ' � .. 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Ft�. �" ,. .. . . ¢ ,, c s� ��q / ' � ARCHITECTURAL REVIEW COMMISSION - � MINUTES MARCH 11, 2008 A. Final Drawings: 1. CASE NO: MISC 08-40 APPLICANT (AND ADDRESS)• MICHAEL AND MARIANNE TOIA, 46-020 Burroweed Lane, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of golf cart barn structure for its aesthetic blending with the existing home and surrounding community �� �; _� ���� ����¢ ��Y LOCATION: 46-020 Burroweed°Lane '�� � ,� aT- � , .. : �: � ZONE• R-2 8000 (4) q�� � �`` ��� �,� � ' � ��;�.,� 3 a �. �� �� � ��' Mr. Swartz presented current ho,#a ��, s�� '�� � p � . Suzanne Pride's side of wall and asked Mr. Toia to present his'�� `'�ents. ��N� ;;u Mr. Michael Toia, a If�a�t, " ��x pp z_ � presented�; Gu�rrent photos and summarized his struc#dr�.-� H�� indicated th�"�he has taken some action to remedy some of the ���cern��of�he Commission. At the � ;�,� previous meeting tt�ere was� sQ , . concern regarding the undesirable a�pearance o�the ex�os��metal flashin on the to of the front wa k� � �' g p p �.� �'�`��` both thQ garage and the golf cart barn. He ex lained tha� both the ga��c���'�a'nd the golf cart barn's front walls were ort� ��� `Jy trimmed ti���=years ago and the top edges were °'i �����trimmed w;�� ��Q degree terra cotta etched tiles in order to match '� �b ���Qse alrea �e�c�sting on the pitched portion of his roof. The �Ii���Qn detectia��� �� ��It��t�t�`has been replaced with a light fixture that _______________.__—__________.__ ,� 'rn r; s the oth'� � 1i ht fixtures on the home. The ori inal tan draw�i� �o��Fth��-height of the front wall in relation to common wa I � � �� =� ' but when they began to construct the wa they ir�;�ended to incorporate a 4 foot by 12 foot beam which • protrud�d from the existing garage. To maintain a consistent ��: o t�:e°zof the golf barn parallel with the existing garage line, it �� : be�`�me aesthetically necessary to accommodate tf1� extra heiqht �his was addressed with the fie�ld_mspector and incorporated prior to his a rov r ' T`—Mr. Toia removed the nspou in e u er located at e common wall. The gutter previously located at the common wall will be moved to the edge of • the main garage structure. This will catch and divert 90 percent of � the rainwater from the pitched roof of the house and flat roof of the two car garage. The remaining eight feet of roof section over the golf cart barn would then be re-foamed to divert the water away G:1Planning�Janine Judy\Word Files�ARC Minutes�200HWR080311.doc Page 2 of 14 a�� September 19, 2008 City of Palm Desert 73-510 Fred Waring Dr. Palm Desert, Ca. 92260 ^' c-;� � , .,,9.. r_,� City of Palm Desert City Council; Jim Ferguson ���;; `�`�• , ,,..� �:�,`�, � � f,., -� ���.::`' , Regarding: Variance Application #08-261 ��s;�..` ; _. �=,� �i v��:: �� -y,-, q :3 Construction of Cart Barn and Work Shop Addition at; 46-020 Burroweed Lane --- - ;�.�� Palm Desert, Ca. 92260 cr� ��r w c, n� Dear Mr. Ferguson, I feel that it has now become necessary for me to write this for the record in order to Properly address the problem and objections which I have to the subject construction of a Cart Barn and Work Shoa 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 Planning and Buildin.g Devt. what he actuallv did build. 4-Mr. Toia never applied for the necessary variance to build what he actually constructed. The simple "gate enclosure"which he submitted may have not , �l( 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 proner survev, nermit or variance. The facts supporting the above show that he simply built some thing completely difference (A complete cart barn and work shop} than what he showed in order to obtain his building permit. Further he constructed this addition with out proper stages of construction inspection by the City Building Inspector. I do not understand how a Building Inspector could accept what he constructed with only the drawings Mr. Toia submitted to the City. It seems that the building permit obtained by the plan view drawing showing a short connecting wall to his existing garage and my north nrouertv 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 buildin�inspector was not there when what actuallv was built took nlace or Mr. Toia built what he did after the building inspector left. {See Exhibit D� Job card 2 aIa Variance Application# 08-261 Page-5: Architectural Elevation: Mr. Toia does not answer the Height Question on Variance Application fWHY}? 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 property view? {See Exhibits A} Shows in writing: �New wall to Match Existin� stucco} {See Exhibit C} shows in writing: {Stuccoed wall to Match vard wall} {See Exhibit D} Job Card wan signed 1-23-06 for {Gate Enclosure- Stuccoed Wall to match ONLY *{See Exhibit} Variance pg.5 {Show height of new structure} {pages 1-9} Now the City of Palm Desert has permitted Mr. Toia to submit true plans of what he actually has 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 nroperty line wall with in the reauire 5 ft. set back.Nevertheless the city has in my opinion wrongfully acceuted 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 pronerly applied for and advertised bv Mr. Toia prior to his nefarious and arbitrar�act to Construct what he did without first obtaining this variance. 3 � �� Mr. Toia also ille�allv constructed a bedroom and bathroom at the same time he illegal built the cart barn and work shoa, in which he, under The Penaltv of Periury, did not disclose on the site nlan he submitted 6-20-08 on Variance Apnlication {# 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 Anplication �#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 Ezhibit 1 thru 6} Illegal bathroom & bedroom 1 thru 6. Further I have seen the letters and opinions written and voiced by the wife of City Council Richard Kelly, Mary Helen Kelly and other residents in the neighborhood. I must state for the record: Mr. Toia nefariously obtained these letters. For all of you who know City Councilman Richard Kelly and his lovely wife Mary Helen, know that if thev had known prior that Mr. Toia has built many illegal structures as well as the �olf cart barn and work shou and in his appempt to et his golf cart barn and work shon approved by the Citv, he has broken the law, altered le�al documents and committed neriurv, thevi certainly would have never written or�otten involved in applaudin� the manv Illegal structures built bv Mr Toia in our nei�hborhood of Burroweed of the Lane. 4 �i� 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 buildin� directiv to my north propertv line wall, Not Theirs. The favorable comments mentioned by the neighbors do not excuse or iustifv Mr. Toia's actions for the le�ality of this construction. My propertv is the onlv neighboring pronertv 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. The work shou has manv fHigh Volta�e Power Tools} and the noise of the tools in mv bathroom is an extreme invasion of Privacy. {See Exhibit E & F} Further, it should be obvious that such a disregard for this set-back required will Devalue mv Prouertv. I already share a common garage wall with my neighbor on the south side of my home. To allow such an illegal structure to be attached to the north side of mv pronertv line,will not be in the best interest to my propertv rights 5 �i5� CONCULION Mr. Toia has nefariously orchestrated and is attempting to have you believe that the, * City Permit Specialist: {See Exhibit 1� and the *Field Inspector: {"What vou do behind the wall after I leave is your business} f See Exhibit 2� and * I, Suzanne Pride: {See Exhibit 2A} encouraged and gave him permission to build the Illegal cart barn & work shop, as Mr. Toia, stated in his letter to the Planning & Building 1-17-08 {We had A Workable Solution} — I can break the LAW a�d build want I want.!! �See Eghibit 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.f See Eghibit G} For the record: f We had a verbal confrontation�, as I asked him about the pipe and his disregard toward me and my home. Because I am a single women, I feel Mr. Toia thinks he can do what ever he pleases to my property, with no regard what so ever. � a�� Mr. Toia had Robert Stewart, his attorney call me, in which he was extremely rude and harassed me, when I would not do what he wanted. Mr. Toia, then had Mr. Stewart send a letter to me, witb threats and black mail, in another attempt to get me do what Mr. Toia wanted. I have had to pay a large amount of money for attorney fees, as Mr. Toia has obviously been overwhelming with his disregard and very talented with his nefarious orchestration. I have been put thru many painful and stressful months of unnecessary actions. I trust that any further City decisions on this application by Mr. Toia be fair and equitable to my case; and that my necessary objection will deny him the privilege of elimination the Set Back from my north property line wall as required. Thank you for your past and present consideration. Respectfully, ������ � �� Suzanne Pride 46-040 Burroweed Lane Palm Desert, Ca. 92260 MAILING ADDRESS PO BOX 2688 PD,CA. 92261 760-668-5444 7 a�� ..�1:��*'"� > . �;+��,N � T % '� � ,_`s T� 4��^ e �ii'�"As*'�"�t� Lys�L-!`�•'Y:3:'�^`" ; jc y,-y#, a1 i€� �i y . i4��•.., . G?.�.: s _ �i�a t� L vs LiI _. V- =S23t'-.�F_1�6=' i..J'L . �v� _ �_ t� 6-.. '�;ii�. ��t,�'���c�s �I't�i�.`;� �l�'��`€.�3? i+��',.�i;.t�1}"t� A.ri�e �?i,;E�, i���i�. 5'Y fi�i�.la i` v�1�.il. �i,l?�i:ti� A±l�l.r���t:tl i� �^b'- �=i'�C�,i":^; ��S�f� e i?1� �� T- 3 Y.. ` �g\ �� � _ J 1 i7 r�'�«� }:}i�C;1�..=Z� .2.�t i l�i r ��,� . !� t'�"j�t _�ii�_ ��vv�.9.1.� �.�Cs., _�.��.#, � t A_ri�Y ��.�- ��'ita'C�''J�Ll�`�.����1 ��" 1:L, l:�_iV ��� �a�m ��c�.t�� �.t =?�C�s�=� �uz�r�u�e�� �a�e. � It was at this point that the cit� permit specialist attempted to help us��� �r� creatively solve this dilemma. He suggested we design and take out a permit to build a wall from our garage to the common wall. He said that walls were not subject to the same setback requirements and went on to explain that the wall could have a gate or door in it and that this door could even be big , enough to...,."drive a golf cart thru". There e�sts a sketch in the employees ;�,��_hand writing which depicts this design. (Please refer to the enclased Eachibit "B-1".) We thought this was marvelous progress and appreciated his input. We further went on to address the existing aluminum awning and its esthetic and security shortcomings. It was at this point in time that he made a � comment to the effect. ,once we (i.e. the city inspector)�erform th final l�_��r �°' si off on the permit. wha�t�vo�eu do behind the wall i ,�ince � we already knew e nei bor was o board with the im rovement it �� appeare we had a workable solution. �;�►"� ..,�.� ��,.�.r�__J..F.�.�a�.�__K.,'�r�.__.___�__.���..�..�,.. Res�aectfully, �'�iCfl��i ,�. ��1& �6D`?� Bllric������d ila.ne �a�_r� ��se�, ��. 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'�°` '{��'�3� ',.� ��.��U�tbe,�' . . . : 0.� t'� �� 5/2 5/0 6 t. . ,. ` ' s���ts, c�tt� . . ,: C�3+�. �� � ' PLNID � �} , .;., . : 4frfl�Q' �� F.N �::..v� , • ;a: 6�, . — . : � �'. . �� •� �',.r •-: . . . . • ���� �•fjj;,,',(��� � ����ot n�er.. . . . � ��� • � - ;>.. ���;� �'1. .: ,; �: ` . � - RESII3��:AIj SINGLE 1�AMILY : � ' . ����?? • '�� • ' ' ' � � � : � *.�D D/AI+TER4 RESIDENTIAL (OGi1NER/ 'T�O� , . .. . �a�� ' ' 1/03�/f�fi �� -� . . .. ,. ' ; 6,i�F� E� � �. a.•. t�'� �� � • • • • . .,. _. � ' . �� ��.� �� �.i.�� �: 'y Nl�l�tae�, , �'�'"�� ' . 1l�d4.. �,�� �' �' ��, �, : . . . . , , _ � ��a��� :�g�tm���� ' ' ' � ���, A �.1: . �r� • . . : NO _.: t. wi�`1��� . ��.:� . . . 2�6 5�19�8 � �a�:��-�'. • . . . . . .= �� � ���" � ' ' � � ��ec�*;. - �� '��i���. . . �� ll0��ea� , � � � �'�_�� ��' , �1��Cat�t�� 13��� �� ��� frC' �o _---- - - . �� :�'$ . . .: :, �3� ` rs �il�i�ac���t� . . � . �''vai ca��s . _ : . : _.--__-- _____ ____ On 1-23-Ob IYIr. Mike Neely, City of Palm Desert Field Inspector came to t e ome . of 4b-020 Burrovteed Lane. Palm Desert,�a_STUCCOED WALL TO NIATCHion of the 3ab Card for �GATE ENCLOSURE ' vARD WAI..L {ONLY} Mr.Toia the year of"08" a�ded {CART BAR1V' PROJECT�, " To a LELAL D4CUMENT,l�'Ir•Neely did not see or sign. .. `.:q i.y ; >.'�- r - ��Y� ^s'.� � ����i��;..y-�� . . .. :. � � ' � : .,t��c �Y . `�� �.:1� �'�r� "4 ���r'i�p � -„. Y �! ., } �.:� .� e _ • [�'1��"V. � `.�. i_ 4 {, =,�r�'°t � , yi� y� ' ,��`�i ��� ��'* '�/ '���...,�/E�O�LJ y 3�k f. G� k r A.- �r ' �)� �1�f � � L l). . QPJui_ �.`��y$^ �I J.l :��_� y�,�,,r�.. Y y '�J`�i[�3r,Ks, '♦ � ' . t.�1� ..i�v .�`�v L�i�!�i'��,�i . h' 4 y'.a"�'.��;j�..�,: ��.- �.-( y����tAtf='�.' r �'�. . .. .�1 R�.I . . . . �..'_ .�:. � � �T � �l�s ���fY''fiN - y f'� �.� 1 ... . .. �. � ���. y� � 1 7.Y4��'1�� . y--' �� � t t, � � t ��r� y'� ��j�, i . . ,��?!. . 1� I . . .. ,r � '�ai +�.7�j ��' ����3'.►':f'.� ' �� �• �,�'f,� ;��; .a:����� :�.{S,i��'�6��'� �`�'' . : � ..�'�: � . . . f y���%. r% r ��,;., �: ,t ''r ��� ; , ., . . � . ��� ���' � ' �. � . t,i , �, �'#i..�4`i'�:..fys� '�' �� ,}2'? #��k��.�.�s�^"�'�� . . � ;.G} !, ~ �� , �}��' }�.� ��4.) Y��t4� � a. ' �� � " . . ���.'� '_t,}Y1t ��' ��• �� . :�.� > ���_�'� �� • ; ; � , ,� ��� � `: , : :. „ ... i.- �.�. !� ..6 r�, � . � .�,�.�r.MY�•�fil�'r'7R •� . . ��.': r � .. . � . t - � .. i,�y�.s����r' rt q � ,���'1M����i'.�FlM�K�R'rl , . . .., . �'_' '� , .0� .. ' a �'��y(�}y ��� ��� '����tt��. • M� :� � t` �_ � k��l'}�+I�� T♦ �•ik w� ��'r���Y'��Y fI f��I f ��r wiH W � ' . +�T �� �� ," a��' �J�i ��` �� ,�i�` ��an�- � _ r a 4 h . � t <�, , � - � q .. ♦. . .� ' . � . 1 M t � � , , . . :; ����#3;�1:�,� E��:�..�+ lvT;,��� �t:`, ., :-iF+f'';���x��y�+..�.�'��:��'�'���r�i�#� ' �� .�. .,�_ �I'5.+� ,/�,�� � �. . . I�,.*��y+^�'�` k�-. . �, e...r� 1 }(.iY�l�� '� ' . . � :., .' „r��+. +'xr'r'' . .. G:.7�^r �ya .w{ ,(��,�, ,F,:r� ....- .��. �.. fr � ��weai.�i�,.J?'�'+M.�'L�F�'��1irV�X'� P�,{ � . .1� .. _ . .�..� . ti t4?: L t�,��. y`w�� •�.�' .��,�'�I�.�� �•i���'7��,,�y_ . '. . . . . . . r , � Sy t,.�i )`f „ �� y .. , . . � . _ �� . y ;S . ; . . . . . f ~ v�� ' � � ' ' .. ' . ' - . . ' . .� 't kT� �rt - Y.-. . . . � 4 ti .. � � _ . .. . , y , • � - . :, , , `� j . . r . . . .. . .. . . . ... . . . . . - . .� � � � - _`1� . . . ' . . ., . . . . . . . . � . . ' • . . � . :..r . _ . . . .. . . . . .lin;,, .... . . .. , , . . ., . ' �, � . . . ' � r•r.� � . • . .. �' � . � . . . .�� .. . _. . � - 3 ' .. . . ..- .�. . .yJ�� � . � ,�ql:;.. ,,,�^ �i � . , �r ._� 'sY��i � ' ��.�.`l!� �f �'-' . . . , . , - . . ,_ � ..`.c. . ._�:3:, ..��e�....3bs�s�.. +.-�a_:i . ,x �: r - ,, „ � = a2a 3 � M • • September 9, 2008 City of Palm Desert 73-510 Fred Waring Dr. Palm Desert, Ca. 92260 ��i ������ S�� .Q 9 2006 Director of Community Development, Lauri Aylaian %DA�M�1�I'1"."DE`�ELO�'. ,`�� �ir;.E'���T�EN�T' Regarding: Meeting at City Hall 1-17-08 C1�t��P9LM DESERT Dear Lauri Aylaian, I am requesting the staff names of the Planning Dept. and the Building Dept. of the City of Palm Desert that were present at the meeting that took place on 1-17-08—11:00— 12:00 with Mr. Toia at City Hall I am requesting a copy of the minutes or what ever was said by both the City of Palm Desert and Mr. Toia. I also need to know, if the letters Mr. Toia has gather from the neighbors dated 1-10-08 were presented by Mr. Toia to the Planning and Building Dept.at this meeting. Will you please call me 760-668-5444 , for I would prefer coming to the office to pick up your letter, rather than waiting for it to go thru the mail. Thank you, Respectfully, : Suzanne Pride 46-040 Burroweed Lane Palm Desert, Ca. 92260 MAILING ADDRESS P.O. Box 2688 Palm Desert Ca. 92261 760-668-5444 aaS r � ` .��� ..A , �_ L i :4 _ � �' —_ _ " ' � z � y .{.: �.3 3� � 5�, G z Y . 1`= " � i � �� � � � ��� 56 � {�; ' .f-. .._"�� ... s e �.— S- .t� s. .. .. ��: � ? �- f� �_... ��r.FtS,�� :J5{-;_ " ` � � ' .� .. 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C11 � 0 � P � I� DESERI ��� 73-5►o FxEn W.�urrc DiuvE PALM DESERT, CALIFORNIA 92260-257$ TEL: 760 346—o6ii Fnx: 760 34i-7o98 infoC�palm-desert.org September 15, 2008 Ms. Suzanne Pride P.O. Box 2688 Palm Desert, California 92261 Dear Ms. Pride: RE: September 9, 2008 Letter In response to your letter dated September 9, 2008, the attendees at the January 17, 2008 meeting were Michael and Marianne Toia, Building & Safety Director Russell Grance, Building Inspector II Skip Ortiz, and me. No minutes were taken at that meeting. Enclosed is a copy of the documents submitted by Mr. and Mrs. Toia at that meeting. Please let me know if I can be of any further assistance. Sincerely, a''�� Lauri Aylaian �-� Director of Community Development /tm Enclosure: - January 17, 2008 Documents from Michael and Marianne Toia �^�11lIM/E�OM AF(YUED PYfA �� " � . � January 17, 2008 Ms. Lauri Aylaian - Director of Community Development Mr. Russell Grance - Director of Building and Safety Mr. Wendell Ortiz - Building Inspector II City of Palm Desert 73-510 Fred Waring Drive Palm Desert, Ca.92260. Re: Investigation# 07-12-008 Cart Barn located at 46020 Burroweed Lane. Hello, We axe Mariann� and Michael Toia and have owned the above referenced residence for over five years. During this time we have worked very hard to improve and beautify our home as well as our surrounding community. We have always been conscientious to work with the city and interact with the neighbors. The cart barn in question is two years old and until now has always been viewed in a complimentary manner by all of our neighbors and most specifically the one living right ne� door. Prior to constructing the present cart barn there had been a wooden gate with an aluminum awning structure located at the same points and extending to the same common wall. This 25- 30 year old car port was outda.ted and quite unsightly and additionally it was extremely susceptible to vandalism. (Please refer to the three enclosed pictures marked E�ibit "A".) Late in 2005 we began to explore the potential to replace this structure with something more esthetically pleasing. It was also about this time when we first discussed our intentions with the neighbor, Ms. Pride. She was in total concurrence with the replacement of the antiquated structure and voiced total s�pport to improvement. We wanted to construct a golf cart barn that would contribute to the curb appeal of our property while at the same time provide protection from the elements and vandals. We began discussions with the city departments and in the review of our sketches we were advised of the four foot set back requirements. To decrease the width of the proposed structure by four feet was not viable. At least in its previous awning sta.te it provided golf cart shade from the direct sunlight. My wife and I conveyed 1 a�a • � our extreme disappointment to be relegated to no improvement options and were not happy to be saddled with the trailer-park-like structure that existed. It was at this point that the city permit specialist attempted to help us creatively solve this dilemma. He suggested we design and take out a permit to build a wall from our garage to the common wa11. He said that walls were not subject to the �ame setback requirements and went on to explain that the wall could have a gate or door in it and that this door could even be big enough to.,..."drive a golf cart thru". There exists a sketch in the employees hand writing which depicts this design. (Please refer to the enclosed E�ibit "B-1".) We thought this was inarvelous progress and appreciated his input. We further went on to address tlie existing aluminum awning and its esthetic and security shortcomings. It was at this point in time that he made a comment to the effect ...once we (i.e. the city inspector}perform the final sign off on the permit, what you do behind the wall is your business. Since we already l�cnew the neighbor was on board with the improvement it appeared we had a workable solution. The permit was issued on January 6, 2006 and we received final inspection and sign-off on the initial wall with golf cart opening on January 23, 2006. (Please refer to enclosed Exhibit "B-2".) The balance of the construction to replace the awning with a weatherproof and vandal-proof roof went on for a few more weeks. During this period said approving/now complaining neighbor visited this work site on approximately five occasions. 4n each and every visit she was extremely complimentary and pleased with the project. She commented at one point on what an improvement it wouid be over its predecessor. (Please refer to enclosed witness testimonial letter of Juan Munoz marked Exhibit "C".) This barn is now a full two years old. We have heard nothing but positive comments from said neighbor regarding its presence all this time. In fact, she has during these past two years planted ficas trees on her side of the wall to coordinate the look of what already exists on the opposite side of our driveway. On Wednesday December 12, 2007 we had a verbal confrontation over an unrelated matter with said neighbor. My wife and I are one hundred per cent certain that as a result of this confronta.tion she has lodged this complaint. It is quite obvious to us that for two years everything regarding the cart barn has been fine and now suddenly she has decided she has a problem with this structure. This argument was witnessed by the gardener, Juan Delgado, who maintains both properties. During that axgument said 2 a33 ' � � neighbor even made reference to the effect that she had irideed given us her approval and concurrence to the cart barn addition two years earlier. We believe you will agree upon reviewing the enclosed pictures of subject golf cart barn and the surrounding structure that it was tastefully designed and blends well with the existing home and community. To this point we have included numerous testimonial letters from nearly all of the immediate neighbors on this street. (Please refer to testimonial letters attached as Exhibits "D-1" thru "D-11".) All of these letters were written by people who did not hesitate to come forward and quite frankly were appalled to hear of this development so long after the fact. We have taken the time to enclose pictures of our property as well as three other identical set back situations which presently exist within eight or ten properties of our home. In each of these three cases there exists only a single four foot space betwee�the two properties and all of the garages rest on the plot line, in contact with the common wall. Additionally included are some examples where there is zero space between the structures. (Please refer to enclosed Exhibits "E�-1" thru "E-5".) We understand that specifications change over time, but still maintain that our appearance and look is fully consistent with the homes on our street. My wife and I have worked very hard to improve our home and the surrounding community. All of our neighbors have been extremely complementary and supportive of our efforts and routinely voice their appreciation for our beautification of their neighborhood. We are hopeful that the City of Palm Desert will also agree so that we may conclude this matter in a fair and reasonable manner. Thank you for your consideration on this matter. Respectfully, Michael J. Toia 46020 Burroweed Lane Palm Desert, Ca. 92260 (760) 341-4412 3 a��{ � . � �� � � ���� � _. ... , .. � ..... ..�-, ..;;; _.. .. �Gl i+ �+ i:`c�..S`�€ a .w d _ . , .� � _ . � .. � . ,...� .. ' . ..,. _ J "'r"' i.i.e3, � i. M . ,. .M.. . y Y�� � � � �:�� �S- . .; ' ...� � d�.a .�... . �e . _ . -.... ._.... .� _. ..- . . ..... .... . ... .. -. _ . � '�.. .... .. .... . , y ,- .., r.y �> � . :, � . . . k r.a -. � ..+ � .. k. � k-`. � , . , .. ... �' k y v_�4: 1 . � � , . . .-�� }::� �,:t.. 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'� � -��:� ;.:. .... , . . _ �,� �; 3� �� .';%, . ., ., t '.'�'�yr*'. � �p�� d,� :^�: �,. .�' ' ,f�'"�'. . . . £<. , �. � �_ .a►�, ��� �� tt �;�""^6� ��is a ,,,�"�Ny. i .�,,�� �, �... . # aa..a .. � �'���-�'.<� , -,'�� _., , .�_ �. .• . ,:..� . ...' �': .,. -. ��, . r_ ' ,, , . '... '�`'`*fi,....., � ., ; , '� .:: : , .��:. � � � �'v. �R"Sv��: ,� _ �� " � �y +� . � ,. �� r ��u�a' `�,� y��� ;�. � � . ����- �� �;.. � � y y'4. Y�' _ �'"�� � .t`. 4" 3 , . . . .. , �'.. . �� �� • . � January 08, 2008 City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA.92260 To whom it may concern, My name is Juan Munoz and I worked with Michael Toia in the construction of his golf cart barn over the period of January 9, 2006 through February 23, 2006. During this six week time period I observed Michael's neighbor, Susanne Pride, briefly visiting the cart barn site on approximately five occasions. At ea.ch and every of these visits she viewed the progress with only positive comments and on at least one occasion made the observation to the effect that it will look so much better than the aluminum awning that had been there for so long. She clearly had knowledge of this project and appeared quite supportive to have the improvement. As a resuit of ineeting Ms. Pride on these occasions, she subsequently hired me to do some projects at her residence. I do not think it is fair to give a neighbor your approval on such as the above matter and then to take the following course of action two years latter when you are upset with that person. �--- Regards,�.��''' '�`��� Juan Munoz 2136 N. Jacques Drive Palm Sp�ings, Ca.92262 (760) 641-7823 ��a � � �� �� �� s � ��� January 12, 2008 To whoin it inay concern: Mr. and Mrs. Toia of 46020 Burroweed Lane, Palm Desert are neighbors of my mother's. My mother has lived in the house across the street for many years and has watched their house be occupied by a few different owners. Over the years they have become friends and while my mother has become quite ill and I take care of her, I'd like to take this opportunity to express the things slie has said and I have noticed about that property. Being a retired real estate broker she always took an interest in the upgrading of any home in that neighborhood in the interest of property values. The previous owners attempted some cosmetic improvements that while well intentioned I'm sure, came out looking less than professional, incomplete, and esthetically unpleasing, much to the dismay of my mother each time. Since the Toias have owned the house there has been a complete transformation to say the least. The house now has becoine one of the few in the area or on this street, to look as well cared for or as complete. The curb appeal has improved 100% and all the improvements have blended well. It has come to our attention that there is an issue specifically with the appearance of the small garage area where they keep their golf cart. We believe that their improvements are tastefully and professionally designed to complement their own house and that of the neighborhood. Looking across the street at their hoine has been an enjoyment to my mother and myself and should be left as is. Mr. and Mrs. Toia are friendly neighbors who are well liked. They have shown themselves to be responsible homeowners interested not only in the upkeep and beautification of their own home, but helpful and responsible to the neighborhood as a whole. ' Please feel free to contact me personally regarding this matter if you would like any further comments at 346-4466. Sincerely, i(�:�C•-�-t.�.��✓� . �:..>/c..:Z:-, Deborah White for Lois Bradstreet 46055 Burroweed Lane Palm Desert, CA 92260 346-4466 ��{3 , �� � �t � � � i January 10, 2008 City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA.92260 To whom it may concern, I am a neighbor of Michael and Marianne Toia and over the past few years have observed the exterior beautification process that has taken place at their residence. While at the same time they have improved the appearance of their home, they have also contributed to overall appearance of the immediate community. I am specifically aware of�lie golf cart barn in question and would like to be on record that I believe it was tastefully constructed to blend in well with the architecture of the home and surrounding area. I support any efforts on the part of the city to approve and allow this cart barn to continue to exist in i prese t form. ; , Regards, , � .: �� ; � , s� sm��n 73-526 Ironwood Street Palm Desert, Ca.92260 (760) 346-4335 a�� _ _ . � ���� �� -�. `' ,�� `° Mary Helen Kelly&Kathleen Kelly 46-100 Burroweed Lane Pa1m Desert, CA 92260 January 10,2008 To Whom it May Concern: We aze two of the co-owners at 46-100 Burroweed Lane, and we are writing to express our experience of the property located at 46-020 Burroweed Lane, currently owned by Michael Toia. This property is at the corner of Burroweed and Ironwood, essentially acting as point-of-entry to our block,which ends in a cul de sac. It's appearance is very defining for the block. For multiple years,prior owners of the home at 46-0201et it fall into complete disrepair. The home was an obvious blight. The yard was wild,a.nd the home was not receiving needed maintenance. The backyard pool became green from neglect, and it was visible from Ironwood to those walking by. This made the home unsafe as well as unsightly. The current owners have completely renovated and relandscaped,making the comer highly attractive. It now is a good match for the very upscale home on the other side of Ironwood. All of the work has been done tastefully,with desert landscaping and coordinated architecture. We have noticed the new golf-cart gara.ge adjacent to the main garage. It is a very attractive addition, urtegrated with the existing structure so as to appear part of the original design. Consistent with many other homes in the neighborhood, it is built against the plot line. T'he work done on 46-020 is a very,very welcome improvement to the appearance of our neighborhood and an asset to home values. We applaud the current owners for their effort. Sincerely, n - !�P ����C Mary el n Kelly / Ck7�t, ��� . � � Kathleen Kelly �� a � • � � � � �� Bill and Bazbara.Yates _ 4bOb0 Burroweed Ln Palm Desert, CA 92260 City of Palm Desert January 8, 2008 To VVhom It May Concern: We are neighbors of Michael and Marianne Toia and lave on Burroweed Lane in Palm Desert. In order to access our property,we must pass the Toia residence whenever we ingress or egress. We have witnessed the beautification process of the Toia residence over the past two years. � During that time,Michael and Marianne Toia have done a marvelous job remodeling their home, making a once eyesore property into one of#he loveliest homes in the neighborhood. We have seen the transformation process and we ha.ve personal knowledge of the golf barn.on the south side of their property. The golf barn is very tastefiully conshucted and blends with the Toia's home and a11 the � other homes in the neighborhood. It is constructed of high quality materials and both the exterior and interior of the golf barn are esthetically appealing to anyone who views the structure. Michael and Marianne were very meticulous in planning and constructing their golf barn and were very conscientious in making sure that it woukd fit in with other structures in the neighborhood. Please feel free to contact us, if you have any further questions regarding this letter. Sincerely, ����:.�Z�c:�l � ��`�'� Bill and Barbara Yates 46060 Burroweed Lane Palm Desert, CA 92260 (760)-346-6327 a`��D • • � . �R ���� ��� � 1/11/08 To Whom It May Concern: Michael and Marianne Toia have made many changes to their home which have improved the appearance of their home and helped to beautify the neighborhood. The two most striking are the conversion to water saving desert landscaping and the replacement of a tacky looking lean-to attached to their garage with a gara.ge extension which looks original to the house. As part of the neighborhood we thank them for the improvements. We are aware of the dispute initiated by their neighbor and ask that the city approves the garage extension. Respectfiilly, r�������� n ;'"') ; = ':��'i. � ((i �� - . --_. ... ._ / r._. „�L,J�:.�.�"'�.�,,.. .�:(_, ;�.j..�'�(��,��Y i Michael and Paula Peters 46160 Burroweed Lane Pa1m Desert. CA 92260 760-56&-9U97 a'�� . � �� �� � �� � � January 11,2008 To whom it may concern: City of Palm Desert I am a neighbor of Mike Toia on Burroweed Ln. I have watched Mike's additions over the years and think that all of his improvements have enhanced his property as weil as the neighborhood. This includes the cart garage he has added. It is aesthetically pleasing and flows well with the lines of the house and property and i support any effort on the part of the City to allow it to exist in its present form. � � � � . �._�� � .. � Conrad Kauble 46080 Burroweed Ln Palm Desert ��� � '� � � x. � �� �� � ��� �'i��}, o�'.�'�x(�� �e,sei•� r'a�i��'ra�g.F'�n�it� I����. %.�-51 D Fr��' Y�aa ang�r; :t��l�n D��rer�, �;'�. a22t�0 .�an. 11, 200� �,�': .h�i,'�/�ael ?'vi�a, +�'Ql f�"va�t�'io�ag� adc��i��a, �'o t�hor� d� f�ay cc�ncer�, G�n� of�he t#�i�gs I have e�joyed�rbout this wanderful �i�� of'�'a.lrr� Deser� a��d t`lae -��ay the� I�Qve �one so m�cch to en�iartcQ the le�eZ o�enjoj��ble l.iv�a�g,fof� rhos� of zis that are luc�.y enough to live l�e�e, is ;h�i�de�ir�e to have each i���lividu.al dr�, ��hczt-they cati, to br•ijYg rh.�ir� �F��a�r� up to a be�r�€tifial level. I fi�� one, tl�ink ihe Toia fi�r�ily has dor�e a g�eat dealf in the past` f�n y��s�.�, to r,lo j�,�st rl�at. T�ae ��idi�ion of�he golf cart storage are� has r�c��� it���s��nle to r�fazove oa�e �rrore �utomobi�e.fr�orr� the street. I hav� na� Qb�ection to td�e�olf c�rrt storage �ea, in fact I .ap�l���tl�eir har�d work. YVish tive had nzore people IzJze the Toias. Si�ace�ely, � ;: � . ,: 11� T. Miller 73495 I�omvood St ,�alr� D'ese�t, CAf. 92260 � (����� �'�' �— � ��►� ��� . � � � �t �� untitled TO : CITY OF PALM DESERT/TO WHOM IT MAY CONCERN FROM: Don & Jeanne Puckett 46-190 Burroweed �N . PALM DESERT, CA. 92260 REGUARDING : THE MICHAEL TOIA GOLF CART GARAGE MATTER SIf�ICE WE LIVE ON THE TOIA' S BLOCK.WE WOULD LIKE TO BE ON RECORD SAYING THAT THE IMPROVEMENTS MADE TO THEIR HOUSE , GARAGE ,& PROPERTY HAVE BEEN A BENEFIT TO OUR NEIGHBORHOOD THESE PAST 3 YEARS .THEIR GOLF CART GARAGE FITS IN NICELY WITH OTHER CART STORAGE SPACES IN OUR NEIGHBORHOOD AND AL50 WITH THE LINES OF THEIR HOUSE , IT IS NOT UNCOMMOM AT ALL � TO �HAVE GARAGES FLUSH AGAINST NEIGHBORING OUTDOOR WALLS AND SEVERAL OTHER HOUSES ACTUALY ARE ATfACHED TO EACH OTH E R. n , "'., � �.._ _ , t �""�.'�'��; THANK YOU �` � r ., • ;,' / � �:�.�:�.:�.�., .,'�� �:� ``��,.���4� ' � / °,�` �l��.� 8 .I �.��, .�']�� � �. 1 a. �'a k.! �/ � �� DON & JEANNE PUCKETT ; Page 1 � �o �� �����. � � �r�� �� � .� - � � e � � �.1'{ 11�.-�.-�"� � � ����t�.�' � �-�'- ,�� �'� ��-t;�„� �-�''��=� ��:� �- ; . � � . � �'�.(_i-�T...1` , ���—�+'� ��-� ��'�--'�'L �-'�-�'��:°; �r{J"t�Y , �'� �.��.'� ', (�l-'t-��, � j � a r _ ��;*�'�;�i�-�=— l�- f:�� (� � �-� t`� i %�'�a �a L--'l� C'�j s i '�--�,i ��� . ��(��f � 1 V� � �'�...t-�� � #" � i ,� ,� � � � � ' � �---����� ��t� � � �� ....:�, 1��.�� �.,-, ���� � , ��� �� .��,�.,...,,� ��.�.�.. �-=��'� �� 0 ; � � °�y�,�-�,� ��., �-h�,,.-�� ,.,�� ����`� `�i . . t��� � � � - , _ , t1 � ,���� ��.-��,> t-�� c� 1-��-�.—�i, ��--'���t� l� � �����- ���z. �/1C�.t�c� � ��� I ' � �n.��, . -� � �'�''" �y, ��-�-�-�-.- � �--� �--�� ���- � �' � � �� ��� �., ,�.� ���. �. . �,,, �c� �-�- 5 . • �,�. �� �,,,,,� c�,�,,� c� � �_ 4r��/z.+�L�-e��- Vv`- , �--� �"�, ` l�_:L� i�Y--�t � �-t� 4'`�- ' �:f.._c:.,C-y�� � ' �.��� ..�i..�-- - `"`�-' � . ,�..� �,+�_._ ( tT�,DJ/�.�- � � _ c �L..l.� �u ,�''`� � 1��.��-- ���` � - . , -�,�--I��- 1�� �� 7��, - q�� - � �5� �� ��� l ��s ,���,,,�,.� � , �-��� � � _ U-� ��� �-.�- . �� �� 7� ��� � ��� _ ��� �� �-� � �� � � • ,, •�� . � �� � � January 8,2008 City of Palm Desert ?3-510 Fred Waring Drive Pa1m Desert,CA 92260 Re: 46020 Burroweed Lane To Whom It May Concern: Niy name is Rose VanHook and I am a resident of Palm Des�rt. My home is located at 46240 Burroweed Laae,which I have owned for several years. I met Mike and Mariaune Toia a few years ago and have watched the incredible work that has been done to improve and beautify their home. Not only has it bcen completed in a professional manner,but also with taste and class. Their labor of love has added value ta the entire neighborhood. I strongly support the accomplis}unents of Mr.and Mrs.Toia,and hope the City of Palm Desert will recognize the same. I can be contacted for any further discussion at,(310 350-5920). Sincereiy, ,�-c�.� '�c�. �� Rose VanHook 46240 Burroweed Lane Palm Desert,CA 92260 �I—310� �.�� � � �' �,� �5� - . o � �� ,, � � � �+'l�()li�I: Richard& Judith Ivlatza 46-415 Burroweed Ln. Palm Desert, CA 92260 D�"I"E: January 10, 200� TO: City of Palm Desert To Whom It Ma}� Concern: I am writing to��ou concerning the matter of the�olf-cart garage for�ichael and Marianne Tvia, 46-020$urroweed Ln. I have watched the Toia propert}'over the last two years and I have noted that it has been consistently improved over that period of time. Mr. and Mrs. Toia have improved the house inside and outside, the landscape and the curb appeal. Their improvements have not only benefited them, the}- have also benefited the neighborhood by� the enhanced appearance of the property. The Dolf-cart garage was constructed in a tasteful manner and with caxe and diligence. It fits the design of the house and is consistent in design and placement with similar �roperties on Burroweed Lane and surroundina streets. I widerstand there is a complaint about the golf-cart garage, and it seem to me that if there is an ovjection to the cart garage, it sliould have been raised earlier, t�vl�ile golf-cart gara�e was under construction. It is ver}� odd that a complaint shQuld arise more than two years later. I urae}rou to consider the good intent of the Toia's and to permit the golf-cart garage as is. It will be a shame and an injustice to impose a restriction after more than two ��ears later. There seems to be no objection from others in the neighborhood to the golf-cart �arage. Thank you for your kind consideration regarding this matter. Sincerely yours, � ��t/(,�,'�,�� /�y� 1 Ftichard Matza 760-341-56.59 �53 • • _ _ l��gust�?, 2OQ8 City of Palm Desert #���� ' ��Y� ,�-." , ',;�}�=� �.#� a�'�F r fi. ,_;E }.� _:-�� Ciiy Surveyor 73-S1Q Fred VVarning Dr. Palm Desert, Ca. 92260 R. Page Garner, LS; Senior Engineer/City Surveyor Palm Desert; Regarding; Property Line Survey for property wall in question: 46-020---46-040 Burroweed Lane, Palm Desert, Ca. 92260. Dear Mr. Garner, Thank you for meeting with me and Kevin Swartz,Assistant Planner yesterday in regards to the 1 St and 2°a Survey submitted by the Fitch Engineering Co. After hearing Kevin Swartz yesterday, once again confirm the Fitch Engineering Co. has � been known to be unethical in the past and you informing me that the difference between the 1� Survey and the 2°a Survey is %2 ix�Ch, I am requesting that No Recorded Monuments be put in place by the City of Palm Desert or the Fitch Engineering Co., until a second Survey opinion is completed. Mr. Tioa has failed to comply with Title 8 Chapter 8.70 & 8.70.150 of the Code,by failing to maintain the structure of{ Golf Cart Barn&Work Shop} in reasonable consistency and compatibility with the maintenance standards of adjacent properties so as to interfere with the reasonable enjoyment of my property and to depreciate the aesthetic value of my property . I feel I have every right to protect the value of my properly with a second Survey opinion of the property line in question. Respectfully, ��' �4 �--' Suzanne Pride 46-040 Burroweed Lane Palm Desert, Ca. 92260 *MAILING ADDRESS* . PO Box 2688 Palm Desert, Ca. 92261 a`S� _ r. .-� - � e . . ,. � " � i t�� 1 t � ✓;! ;Itr<: ��i�f����: r f,.: � ; � : � ;� ( � ���, �a _CA r� k � � `,i � r,,,-o �� � �t / 4 �i,,�_1 I, r� i7J� 1 n G2't,EO-1 �u �5 � �� � =# J (�' b.'�� Y �F` �n 4 f f�:(! 1;4.�� �!G7`l-!1 �. '� �FJ.. 7(.n ;L!t—'/o u� �� o infoC�pa6n-deserc.erg — ——----- -- � -. —,—� �;����t 26, �oo� a � fVls. Suzanne Pride 46-040 Burroweed Lane Palm Desert, CA 92260 Re: Response to Property Line Survey Letter Dated 8/22/08 Dear Ms. Pride, I can cer�ainly appreciate your efforts in protecting the value and aesthetics of your property, but I would like to clarify a statement made in your letter, dated August 22, � 2008, in which you state that "After hearing Kevin Swartz yesterday, once again con�tm the Fitch Engineering Company has been known to be unethical in the past..." Mr. Swartz reports that he never indicated that Fitch Engineering, Inc. was ever unethical. In fact, Mr. Swartz stated that he has never had any contact or dealings with Fitch Engineering, Inc. Mr. Swartz had me look at the first Property Line Survey plat prepared by Fitch Engineering, Inc., and in my opinion the location of the property line in question shown in his survey could have been better proved out. I also thought that the survey should have been recorded with the County of Riverside in the form of a Corner Record or Record of Survey. Although I had expressed my opinion on Fitch's survey, it is not a function of the City Surveyor, nor the City, to provide information on the location of side property lines. Additionally, the City does not review Corner Records or Records of Survey, but the County of Riverside, Transportation Department, Surveyors Office does review them. The City does, however, provide information on street right of way - lines as there is a public interest there. So we sought a second opinion from the Joint Professional Practice Committee, which is made up of peers from the Professional Land Surveyors Community, including the County Surveyors from both Riverside and San Bernardino. The Committee determined that a Corner Record or Record of Survey should be filed. Additionally, I had found documentation in the City records that helped Fitch locate the position of an additional survey monument in Burroweed Lane and consequently fix the position of the centerline of Burroweed Lane; hence, the reason for the second survey and the filing of the Corner Record by Fitch Engineering, Inc. I hope this satisfactorily explains why Fitch Engineering, Inc. filed the second survey in the form of a Corner Record. � _;��YRIII7f001lRF(IttE00APER � � � � • . .. ��i ��.�,��`���6�. . `'C,�i=- . a - � �,��.3'� �B .�- .. � ,.ii"� �� i.�ii�! � iGCI=: . �I��+��''�s I 1..1�@`:,'l %'`,_fa�'����,k' ,=C`:, �'rjr�'� ��i;'�vs,�` �-. e:_�'N� ._ . Should yo� i�r�v� �r�� f�aft��r q�aesfii��� �f- ca��err��, �I�a�� i���i frr�� tr� cQnfact r��� �t (760) 776-G45�. Sincere�y, _ � �i� � � R. Page Garner� � � �• � Senior Engineer/City Surveyor /bg cc: Kevin Swartz, Assistant Planner Mr. William Fitch, Fitch Engineering, Inc. - CIiY � F Pfllf� DESERi G:1PubWorks�Bertha Gonzalez�land Development108-25-08 Response to Property Line Survey.doc �I n' w ��Q PGIIIIED Oil f.fCl'(LEO PGP[C � • • ��������� AU� 2 8 2�8 City of Palm Desert %DidfiiUNI7�DEG'ELO� ` ���=P�TMENT 73-510 Fred Waring Dr. CITY OF PALM DESERT Palm Desert, Ca. 92260 City of Palm Desert Planning commission; Regarding: Letter given to Mr. Toia from Mary Helen Kellv 1-10-08 : wife of{Richard Kelly} Palm Desert City Council. Mr. and Mrs. Robert Kelly, Live 3 homes to the South on Burroweed lane from Mr. Toia. It seems to me unethical and a conflict of interest for the family of City Councilman Richard Kelly,to SUPPORT and APPLAUD an Illegal Structure built with out Permits and with out Safety Inspection. The illegal structure built by Mr. Toia,does not affect the property value of their home! How do I receive a fair hearin�and support from the City of Palm Desert? Respectfully, � Suzanne Pride 46-040 Burroweed Lane Palm Desert, Ca. 92260 *MAILING ADDRESS* PO Boz 2688 Palm Desert, Ca. 92261 760-668-5444 a �a . . .. �„ • • Mary He�e,n Ktlty 8t K8t}lle+c�ti Ke�ly ' 46-100 Burnowr�d La�e Paim Deseart,CA 92260 Januaiy 1 Q,2008 To Whom it M,ay Co�n: We are tw�n of the oo-owners at 46-100 Bucrovveed Lane,and we arc writing to�cp�ss ova'expa'ieooc of the prope�ty locatcd atA6-020 B�rovwe�d I,an�,cumex�tty ow�d by �'iic�ael Toia This properiy is at the corner of Burnow+c�d and Ironwnod,e�ti�ally ��&���-u�'-�ntr�y to our bi�oc,k,which ends in a cul�sa�c. It's�Oe is vay d�efining�or the black. For m�le years,prior ovmers Qf the home at 4b-Q20�et it fali into complete dist+epair. Th�e home was an obvious blight. The yard was wild,m�d the ho�c was nat z�eiviag n�ed�d maintenance. The bsckyyard pool bccame grcan from negtect,and it was visiblo &om iron�xood to tt�ose waik�ing by. 'Tb�is m�adc the homo unsafe as wel�as u�sightly. -'T�e cwrent owners have cornplet�ly ranovated and relandsca�d,making tt�e cwrmer �S�Y attrnctive. It now is a good rn�a.tch:�nr the ve.�y upscale 1�ome on the od�e,x side of , Lc�nnwood All of dfe work has beex�done tastefutly,with dcaert Iaadscaping and co�oi�dixaat�d archuit�cU,ir�. We have noticed the new golf-caat garage�djac�nt to the main g�u�age. It is a vuy �ve aclditi�, i�tegraicd wit�the�in�g sductuac�o as to appear part of thc �8�d�Bn• Cansistem v►►ith many ott�r homes in thc�r�ighboYtiood, it is Mult agaiz�t i#ae plot line. The w�nrk dox�c on 46-020 is a very,verY w�lcome impmve.�nent to the s�ear�cC of our n�ighborb�ood an�d an asset to honnc valaaes. We applaud the cinnnt owners fo�tb�r cffort, �� Sinc�ly, P�� e � � a� �e`11 Kathleen Kelly ��3 1 • • �''y �.7�. .����."d+ad� AU� 2 8 2�6 'O�IMUNIT?'DEVELOI'�t��`��Ei��ItT_�F�T City of Palm Desert CITY OF PALM DESERT 73-510 Fred Waring Dr. Palm Desert, Ca.92260 City of Palm Desert Planning Commission: Regarding: Variance Application {Site Plan} submitted by Mr. Toia-6-20-08 Planning Commission; REVIEW, OWNER AND/OR OWNERS AUTHORIZED AGENT AFFIDAVIT Fore�� is a true and correct under the penaltyof perjury Respectfully, � � ��� � Suzanne Pride 46-040 Burroweed Lane Palm Desert, Ca. 92260 *MAILING ADDRESS* PO Boz 2688 Palm Des�rt, Ca. 92261 760-668-5444 �(P`� � .�ir �� . , � � � .,-_ _._._ -- _ ._ -.,- :, _. _ _- - - _ -- � ___ _ :---- ___ _ __. __ .__._ _ _ _ _:>__ _-__ __ _ __- - --_ :_ _.____ _ � �" � ,� �- - - - - -- - . � _._ - _ __ �__. �—_ _._ _�. _..� _. ._._: � .� �, - .: _-.:__ -_<<.� _ -,__ ._ _- - . ___- - � /-�� � : _ : _: :-r -- ._. -____ . � � �7 ` - - _ ti - ._ . : - ,� _ _ -- - - � __ _.., -- -------_____-_ .___ _ � . ��. .� : � � - . ___ . �. : -_ --- - _: - _ - ---- - , . �.,. � � : i - ,-_ ,� =_ � = � � : . -- : � . � , _ -_ j -- � � . - � � �� �� �: ; � � --' ".'� � --- — ._ .--_: >._— _._, � � ,.-----_ `-�'� � �� � ' � �1 -�..._' -- ---_ � � �`j �y w._..f. 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' ./ � � ' � `A�/ 1 , � �� ���� ��� �'�'' �' �,. � :; .- .; � ' %co � � �,;;�- h �� . �` �li�..-.. i �1 S ---- � � -:� •�..� ,_ �-i�`�----, ---�=�r""�"..._.at �� � 9 ���, �? —-- '_.'�` ,�� _ ' ��� � � � � • ��i`�+�'n��'��/�i ��5�#�' ������a�� ��pli���i�� ��1!'��E��,N�IC���Wrve�'s I�,UTH�RI�Efl�GE�d�' :r�.:F�l�,�ll�� �`T�,�C fl���LIFORNlA ) �;�#��d�Y�� �i'JERSlDE ) J��i :J�T�f'S�lVI iJC�7�R� �f f, �we j, ��.— •3- �/� being duiy sworn deQo�an�dedare to fhe best of knowiedge tt��t the (my/our� for�going is tr�.re and�orrect��der the penalty o€�erjury: E?CE�l.f'�E��i: ['�'►� ����" ��� �t l..l� - (C1T1') (STATE} DATE: � �.t� � � �MOh3�' ��A'() (YEARj APPLICAf�?', 4WNER AND/t3R OWI�3ER'S AUTN4RlZED AGEtVT: � �'I I.�N�� ��-�'6?ia� �Print�lame} {Signature �b��o �3y�2Rt��.'� t-� (Mailing Address) P�.j`'�. Ds'GS�--f' C.�l . °�?��0� (City,State and Zip) �"Z b�� 3�t -4�4�12 (Area Code)Telephone Number a�g • � �������� �`�� AUJ � 8 2� • 'O�idt�Nl`i'�:�Ev'Fy�A}?;;:`;;;'`'���F"�RThlE!�T CITY OF PAI,M DES�R`�' CITY OF PALM DESERT, CA. 92260 PLANNING COMMISSION "VARIANCE" OBJECTION TO APPROVAL OF "GOLF CART BARN" "WORK SHOP" STRUCTURE 46-020 Burroweed Lane, Palm Desert Submitted by S»�anne Pride 46-040 Burroweed Lane Palm Desert, Ca 92260 � �(°� ' • • • August 26, 2008 City of Palm Desert 73-510 Fred Waring Palm Desert, Ca. 92260 Palm Desert Planning Commission; Regarding :OBJECTION TO APPROVAL Variance Application, (with—in set back code} 46-020 Burroweed Lane Palm Desert, Ca. 92260 The Shadow Mountain Fairway Cottages on Burroweed Lane,Palm Desert were built in 1972,before the City of Palm Desert was incorporated. The Cottages are extraordinary circumstance of homes, in which some of them share a common garage wall and others share a common living room wall. 36 years ago,the developers of the Shadow Mt. Fairway Cottages had the Integrity and Wisdom to maintain Legal Set Back Code standards of adjacent properties so as not to interfere with privileges enjoyed of such properties in the same vicinity and under identical zoning classification for Safety, Privacy Aesthetic and not to depreciate the property value. There are 2 sets of Cottage homes sharing a common garage wall, a total of 4 homes, of which {1 is my home}. On the other side of the street,there are 8 sets of Cottage homes sharing a common living room wall, a total of 16 homes. All Cottage home owners on Burroweed Lane sharing a common wall have privileges enjoyed and are not deprived of Safety,Privacy,Aesthetic and Property Value,for the Legal Set back Code has been maintained and enforced. Mr. Toia has submitted pictures of the shared common garage walls. He states: "where a zero set back occurs with both units".{ 1 of which is mv home}What he fails to show, is the other side of the cottage homes, in which ALL HAVE LEGAL SET BACK CODE ENFORCED to shared a common wall on one side of your home and not have, Legal Set�,�ck Code on the other side of the home,would be detrimental to the Safety and Welfare of the home, My Cottage home is now, the only home on Burroweed Lane in the same vicinity and under identical zoning classification not to have the privile�es enioved for Safetv, Privacy, Aesthetic and Prouertv Value. � o?7 0 � • i � Page-2 August 26, 2008 For all of the forgoing reasons I request that the Palm Desert Planning Commission exercise the authority granted to it and deny Mr. Toia's Variance request for Golf Cart Barn and Work Shop with in set back code. Respectfully, ; ; Suzanne Pride 46-040 Burroweed Lane Palm Desert, Ca. 92260 XMAILING ADDRESS* PO Boz 2688 Palm Desert, Ca. 92261 760-668-5444 � a� ( . � '• • CITY OF PALM DESERT ARCHITECTURAL REVIEW COMMISSION CASE NO. MISC 08-40 OBJECTION TO APPROVAL OF `GOLF CART BARN STRUCTURE' AT 46-020 BURROWEED LANE, PALM DESERT, CALIFORNIA I. INTRODUCTION Suzanne Pride (hereinafter"Pride") is the owner of the property located at 46-040 Burroweed Lane, Palm Desert, California(the "Pride Property"). The Pride Property is bordered on the north by the property owned by Michael and Marianne Toia(hereinafter"Applicant") at 46-020 Burroweed Lane. A `common' wall stands between the side-yard of the Pride Property and the structure built by Applicant. No set-back exists in Applicant's side yard due to the structure which has been erected virtually on top of the `common' wall between the properties, running a distance of approximately 25 feet in length. The height of Applicant's structure exceeds the height of the `common' wall between the . properties. The roof of the structure is situated and constructed in such a manner so as to drain directly onto the Pride Property. The structure is attached to the top of the `common' wall, as well as being attached to both its north and south `faces' without Pride's permission or consent. Applicant seeks `retroactive' approval by this Committee of the illegal, non-conforming structure built in the side yard set-back. Pride objects to the approval sought by Applicant on numerous grounds as set forth herein, and respectfully requests that this Commission deny Applicant's request. II. HISTORY OF THE `PROJECT' A review of the City of Palm Desert's (hereinafter the "City"or"City's") Building Department files confirms that Applicant sought a permit to construct a `Gate Enclosure', with a stated value of$1,000.00 in January of 2006. The permit was issued as requested based upon the plans and drawings submitted to the City. The City's building inspection records indicate the "Gate Enclosure"was inspected for `rough framing' and `lath nail' prior to undergoing and passing its final building inspection. After passing final inspection, Applicant inexplicably and in direct violation of multiple � 1 � a?a� ' • � � provisions of the Palm Desert Municipal Code (hereinafter the"Code"), undertook additional non-permitted construction in the area of the "Gate Enclosure". There is no indication in the City's file that Applicant sought or received approval from any City department for the additional construction. Thus, without benefit of approved plans, a building permit, a survey of the property boundary, or building inspections, Applicant `re-modeled' the "Gate Enclosure" into a workshop and `Golf Cart Barn' for which approval is now sought, and for which construction has been ongoing as evidenced by the photographs submitted herewith as Exhibits `A' through `I'. III. THE CITY'S GENERAL PLAN Palm Desert's Comprehensive General Plan (hereinafter the"Plan") contains both Housing Elements and Community Design Elements which were adopted by the City on or about March 15, 2004. The Plan's Housing Element sets forth at p. III-101 that current `development standards in the City do not represent an over-restrictive condition', further stating that the City enforces the Uniform Building Code (UBC), and `cannot adopt standards that are less stringent than the UBC'. The Community Design Elements are enumerated beginning at p. III-135 of the Plan. The Plan quotes California Government Code §65302 which requires in pertinent part that the Plan set forth a statement of policies including objectives, principles and standards for community design and development. The City is responsible for compliance with its Plan by `implementing the essential goals and policies of the Community Design Element' (Plan p. III-136). Although the Plan recognizes the need for both `flexibility and sensitive design evaluation, it further mandates that `unsatisfactory development proposals should not be approved', going on to state that the principles of unity and stability to the community can be maintained through adherence to quality land and site planning and architectural styles. (Plan p. III-140.) The Plan makes clear that planning and design criteria assist in determining a project's compatibility with the surrounding area, specifically stating that building and structural setbacks are part of the criteria to be used in determining whether a project should be approved (Plan p. III-141, emphasis added.) The Community Design Element of the Plan considers its `most effective instrument' to be the Zoning Ordinance and associated development codes and guidelines establishing specific standards, design parameters and guidelines for site planning, building and landscaping. (Plan p. III-151.) A complete review of the Plan and its objectives leaves no room for doubt that `aesthetic blending with the existing home and surrounding community' is only one small factor to be considered in determining whether or not to approve a plan, or in this case a structure. Building and structural setbacks, health and safety considerations, and the rights of adjacent property . owners must also be carefully considered before allowing the integrity of the Plan to be 2 a�3 ' • � • compromised or violated for the convenience of a select few such as Applicant who `build first and permit later'. IV. ARCHITECTURAL REVIEW COMMISSION JURISDICTION AND OBJECTIVES Title 25, Chapter 25.70, §25,70.010 of the City's Municipal Code (the "Code")provides for establishment of the City's Architectural Review Commission, and sets forth the objectives of the Commission. Specifically the Code gives this Commission the right to deny projects such as Applicant's which are not in conformance with the City's building guidelines. In order to approve an application, §2.25.70.090 requires the Commission to find the following: A. That the proposed development conforms to any legally adopted development standazds; B. That the design and location of the proposed development and its relationship to neighboring existing or proposed developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; and that it will not unreasonably interfere with the use and enjoyment of neighboring existing or proposed developments and that it will not create traffic hazards or congestion; C. That the design and location of the proposed development is in keeping with the character of the surrounding neighborhood and is not detrimental to the harmonious, orderly and attractive development contemplated by this title and the general plan of the City; D. That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors and that it is aesthetically of good composition, materials,textures and colors; E. The proposed use must conform to all the requirements of the zone in which it is located and all other applicable requirements; F. The overall development of the land shall be designed to ensure the protection of the public health, safety and general welfare. (Ord. 326 (part), 1983) As set forth herein, and as shown in the attached photographs, Applicant's structure fails to comply with a number of the required findings. The structure was built without a permit, in the side yard set-back, without the benefit of required building inspections. It exceeds the height of the `common' wall, is attached to the `common' wall, drains onto the neighboring property, is shoddily constructed, and is causing damage to neighboring property. The Application must be denied, and this Commission is well within its power to deny it. i 3 a 7� • • � V. TI� STRUCTURE AS IACATED AI�ID BUILT CAI�IlIOT BE APpRpVEp Pride alleges Applicant's structure violates numerous provisions of the City Code as well as the LJBC as currently located and built. T'hese violations include but are not limited to the following: l. The structure encroaches on the minimum side yard set-backs established for both R-1 and R-2 zones in the City. The structure has no setback whatsoever along approxirriately 25 feet of the south wall of the side yard property line in direct violation of Code §25.18.070 C requiring a side yard set-back of not less than frve(�feet.Applicant's request to this Committee contains Applicant's admission that the structure is built within the required side yard set-back, leaving a mere four(4)feet between Applicant's structure and the windows and sliding glass doors located on the north side of Pride's home. The proximity of the structure to the Pride Property is also violative of Section 1613.7 of Chapter 16 of the 2007 California Uniform Building Code requiring minimlun distances for building separations and set backs. 2. Applicant's building permit for a'gate enclosure'with a cost of$1,000 was issued by the City on or about January, 2006. Final inspection of the'gate enclosure'was made by the City's Building Department on or about January 23,2006. (Please see Exhibits T and'K'.)As of February 22, 2008, construction continues on the structure, and construction materials were being stored on the roof of both Applicant's home and the structure in violation of Title 8,Chapter 8.70,§8.7.080 of the Code which prohibits storage of building materials on any portion of the premises visible from adjacent properties except during construction conducted pursuant to an active building permit. The City's records do not contain any record of a valid and current building permit having been issued for Applicant's Property,yet construction continues even while this Commission's proceedings are ongoing. Such actions by Applicant not only violate Code,but demonstrate Applicant's continuing bad faith in its dealings with the City, by utterly failing and refusing to abide by the required protocol. 3. The structure is in an'unreasonable state of partial construction' as defined in §§ 8.70.040 and 8.20.020 of the Code. A structure in such a state is classified as an 'unlawful property nuisance' under§8.20.020 A if'any partially constructed building or struciure,the building permits for which ha�e expired, substantially detracts from the appearance of the immediate neighborhood,or reduces the properiy values in the immediate neighborhood.' (Please see Exhibit'L'taken on February 22, 2008.) 4. Storage of construction materials on Applicant's roof creates the potential for serious injury to adjacent properties,their owners and guests. Such storage is also an unlawful property nuisance under§8.20.020 E of the Code. (Please See Exhibit'L'.) 4 � ��5 . • � - • 5. Applicant has also faiied to comply with Title 8 Chapter 8.70&8.70.150 of the Code,by failing ta maintain the structure in reasonable consistency and compatibility with the maintenance standards of adjacent properties so as not to interfere with the reasonable enjoyment of such properties or to depreciate their aesthetic or property values. The structure ha; been both pooriy constructed and poorly maintained The defects in the structure are readily apparent even to the untrained eye. Tiles are being stored on the roof,the flashing is loose and comuig away from the structure, and exposed cables and pvc pipe prom.ide through the roof. These defects are clearly visible from the interiar of Pride's home as well as the rear and side yarcis,depreciating both her enjoyment of the home, and the home's value. (Please see Exhibits 'E' and T) It fi�rther appears the structure was built by using the'common'wall beiween the properties as'support' for the structure, clearly endangering Pride's property should the wall be unable to support the weight of the siructure, or in case of an earthquake.Without appropriate set-backs being maintained,there is nottung to stop the entire wall and the structure attached to il from coliapsing onto Pride's Property; causing serious property damage and/or personal injury. Without the benefit of compliance with all appropriate pre-conshuction requirements and construction standards,the struclure as is violates multiple sections of Title 8 and Title 15 of the Code as well as numerous provisions of the 2D07 UBC. 6. Section J109.53 of the 2007 LTBC requires that drainage devices be constructed ta convey drainage to an established private watercourse...,,and shall be designed to prevent erosion. Pride's Property is not an established private watercourse,yet the structure is located, designed and constructed so as to ensure all drainage flows to the Pride Property. The drainage pours from the roof onto Pride's side of the'common`wa11 poc>ling in Pride's yard. This dra.inage is causing both damage to the Pride Property and its landscaping,and creates a health and safety hazard. (Please see E�ibits 'F', 'G' and'H'.) The structure is built directly on the'common'wall between Applicant's properry and the Pride Property. The structure is approximately 25 feet long,yet less than five(5)feet separate the southern wall of the structure from Pride's home. The roof of the structure exceeds the height of the wall separating the two properties. The structure encroaches into the minimal space between it and the Pride residence, and the'cornmon'wall is being used as support for the structure built by Applicant. There is exposed flashing on bot�the front and sides of the structure, and both � 5 � a?� . � � flashing and other construction materials have been attached to the top and side of the `common' iwall; clearly visible from both inside and outside the Pride Property, (Exhibits `M' and `N') causing a diminution in value to the property, as well as creating an obstacle to its transferability, and the issuance of a title insurance policy upon a desired sale by Pride. These multiple violations of both public law and private property rights cannot and should not be encouraged or rewarded by the City or this Commission, and Applicant's request should be denied. VI. CONCLUSION For all of the foregoing reasons, Suzanne Pride requests that this Commission exercise the authority granted to it and deny Applicant's request. Although the structure may not be objectionable to the legion of neighbors who signed the petition presented by Applicant,those neighbors have not seen or considered the impact of the structure on Pride's Property. The appearance of the structure from Burroweed Lane does not accurately reflect the appearance of the structure from the Pride home or side yard, and in any event,the appearance of the structure as set forth herein, is only the `tip of the iceberg'. As the neighbor most affected by Applicant's structure, Pride's legitimate concerns should be carefully considered by this Commission and the City, and the structure should not be approved. DATE: March 10, 2008 Respectfully Submitted, I•,�VW " _ �/-/�/ • � ��J - Debbie Harris Sherman, Attorney for Suzanne Pride . 6 a�1 y'� ' +� � ' q'�r "�}A� ti �'� ..ti� ' i�O�w�� �,.: . F ^}yq ; .. � y ,��1+• Y���.,,is . � � �y,' �.'��l�tb� . ,. . . . : 0� � �.�-�: - , . :.s���s, d�te . . • CL�)��� � , 5/2 5/06 � ' �� � P� ' .�. . . . �:, , t_;_. . : 4��2 t� �`�,,� - � . . . . . : 6 �1,,A� ,-�,�- . - . - . � 7�r��Ot nua�er.. . . . 0���'-t��:��Q�� � . . ~ . . c°4 � �:;�+: .�:tt . . �.-�: : ;� �. . �,.:�`. ��' . . . . �,��$ ��t�.�, �.;:.• .• ► . . . . . : R1�;; . '* RESI3���AL SINGLE F'AMILY �����:',�'��` . . . . . . . �2� . �,DD/ALTEFt RESIDF�I'�IAL (OWNER/ ..ai��- {,r • • .• ,• � � ..y���,/V� ����r � �kTA+tii� ,.;� �pi �17� �� �� r . r.eS _ �.. "1-� .,• -• • •: , 1���'�. , . �•�t���: ^� $Q • • r ' •��. . . . . ' _ 1.��{�.. ' a ���� _ .�����$�� - . . . . .k�� � • . : NO �..3'�• ���. • . �����:I�. � t �,'4,�;`,. • • . s . F�Ci'��, �s�i.�'s• • � • . . 2�6 519 0 �ss;i: ���•"��` r ` ' ' ` • • F�r°e���{ �Ci�r�'� �'�t�s��_ �,� 110=�esi ��'_�� '��_�l���_ �������a�4 ;�"�����c��f _ _ -- - r :w . � ,.. .; , . ,,: , _ . o �z . l�Y1��e��i�t� . �1�=Ca�i��+r �`13�Va1 ca�cs -- -_. _— _ _ _ -__ _ - --- __,_.__,_. ` = .p._ _ On 1-23-05- IVIr. Mike Neelv, Citv af Patm Desert Building & Safetv De t. came to the home of 45-020 Burro�veed Lane Palm Desert, Ca. 922b0 He signed the Final Inspection of the Job Card for �Gate Enclasure—Stuccoed Wall To{'�VIATCH� Yard VVall O1�7LY} Mr. Toia the year o€"08" added �CART BARi''�t PROJECT} To a - Le6al Document, Mr Neelv did not see or si�n. ., .. `�'xa•74 "'��' „t.� � �����������rJ��__ .. . ...-.jt� -�+. r; ''r' :,�"x1,H . r:C -. rt � t . . � � �., . .. . �) - ff.i ".s , �'yq�;' �`� ,�t yy;y� }� �Y-�7.��ii ' ` . . . . t��'.{k'th'�'�;��4 �. .-�,�k fn; y j � ��.� j.'i . . ��17'�� �{i+ � =A� (i�V �'�'il��C/ �3SF'.�'��SR•�-. �.� S� � `�� ' ��K ''���� � 1 �'Y4lf 7Mt��+"�4 t��^ ' � . 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Planning Commission, Connor Limont Dear Connor Limont, I invite you to come to my home on Tuesday, 9-2-08 to see the impact of Golf cart Barn and Work Shop on to my property. Respectfully, � � � ���� Suzanne Pride 46-040 Burroweed Lane Palm Desert, Ca 92260 760-668-5444 �g `l . ' - • • � 1� �f ��� ���G � D►e��rtt�tt��t o� ��rt�rr��ni� ����la�r��n� �������� ����������� 7��59 0 Fred Vl/ari�g D�ive•Paim Desert• Callfornia•92260•(�6D)3d6-061�! . Fax(760)776-641 T Appl�cant: � J�����c�.�1�-��1��f�t.�.� "`i��� Teiephone: ����� � -`I`�'l �- t�iailing Address: �t��'L� �' �l�.r'��;��'��';'� i,,�-� Fax number: (� `�.G,�� �_ Gity: ��-� c��-'-�G-i�( Sta#e: C�� Zip:�Email: � :� "Z"v � � � � %� � i��h� r�-i �.-t�►�'- �hJ l��'1 Property Owner. ��' ~ + � Telephone: Mailing Address: mber: CitY: State: Zip: Emaii: Representa#ive: �'��� Telephone: Mailing Address: ax number: C�{Y= State: Zip: Email: Please send correspondence to(check onej: ti�' App)icarit Prope�#y Owner Representative Praject Address{s): �►�{�-�� �{�„ �� 1 � Existing Zoning: General Pian Designation: Pro'ect Re uest: R�F�ci��� t�� P��l��L`� 1���I!� G��3L� �/�? :�,�-� �l'%Tlf I l� a'�- ���K. ,� . t �' � a � � �� , � ' ca - �" � r �l� �� fZ c�r�� � l � j ��' � Property Owner Authorization; The undersigned states that they are the owner(s) of the property described and herein give au#harization for the filing of the application. %�� c �t �G��- �'-z-p�� " 6 2o d� Signature ' Print Name Date Applican# / Representa Sigr�ature: By signing this application 1 cer#ify that the information provided is accurate. ! understand that the Ci#y mighf not approve what! am applyir�g for andlor might require conditions of approvai. Signature Print Name Date OFFICE USE t?NLY PROJECT NO: VAR � � ` � � � DATE; ACCEPTED BY: �t� i � 3/D . • . � , . • . Pictures Mr. Toia has submitted showing the"25 year old Carport" 1- The aluminum roof structure was not permitted and had no Safety Inspection. 2- I am not sure the wooden gate is Legal either Does the fact the that this area is an eye sore,was subject to the elements and posed a security/vandalism issue,give Mr.Toia permission to not follow the Le�al Code nrocedures to build a structure ? Or is it because the exciting roof structure was not legal and not Permitted with out Safety Inspection,that Mr. Toia thinks he has permission to do the same? . 3<< " . - � . � . � ,�,. � �� �� • � � The re-existing � ���"� .� ���x . ; . � � � _�q i �,�' carport was more � � .�� � �� �� g_,� , ,� � x t�tA11 i�GJ yBAr'S O�d• �t �` ' � �: s,t�r _ � .� consisted of a nin� �����`��� ���� � �� # wooden gate � � � foot '. �� � '#� �� #k;�� � �n aluminum � �, � � L � ��� ��} # > . with �� � � a� re that � � j � roof structu ��� � � � � ���"�� � ,� , � ���� � � �,�� 4 the - � ���w���� � _� � �V,�ended from { ' �` "E 4 +&_ ,•� ,�—y,� � � >— �� ,� �. �i �� I' I � r � "� �����::� �� i,, �i�l � �._...�,��`,�� garage to the � �� � � common wall. ��� ,;� . .� � � ,. �. w�...-, ..�. . a r. . . , *� �g;4 _ � � . . }' � ��� �� � The gate was very =�� ��� "� heavy and dificuit to ��x�� - ,���., ��� ,�` � `� open and close. � � . � � �'�� <�� ���� � " � . - �. � � _ ,, ��;� �* s^ f'` �`'' �$. .�� i `�„ �: �:,� ,: : q� �� -"�;- x.,t =,i s s�Y�"+�-.,� ,, ..s�:-z.,- . .�_.-.. . .`�. . �'.... .� �c. �_ .��.. ..�, ... < � as�K �%`k3"��:_' . r^`.=� �. It was quite� �n eye . �� ' � s,�r�, was subject to a � .�-, �;;�v�; r • i; � `,. the elements and -_� F F: po�ed a security / _ � . . v�ndalism is�ue. �� � :.�� - �, �� � � � _� ��� ���; � ' � ��; � �,`" � �� �.� . - �. ��� �.; _ � IO`L * • • ! F-4' � , 4 -�� 4,� ;+� ��, City of Pa1m Desert Planning Commission {�;�� � � � 73-510 Fred Waring Dr. Palm Desert, Ca. 92260 '01�1�U�� : __ <.r���r�,�� CYl'r OF PAi,M 1�ESER"' Planning Commission City of Palm Desert, Ca. 92260 Regarding: Variance Application: 46-020 Burroweed Lane, Palm Desert, Ca. 92260{Mr. Toia} *PAGE-3 - Variance Application: 2- Cost to Modifv A - May 8, 2008 -Letter sent by Mr. Toia's Attorney, Robert Stewart page 2:, Paragraph 4 Sta#es: The Toia's aze committed to the costs associated with The pursuit of this matter to their succsulful conclusion. 2-Ne�ative imnact to our prope value A- Mr. Toia has failed to comply with Title 8, Chapter 8.70 & 8.70.150 of the Code,by failing to maintain the structure in reasonable consistency and Compatibility with the maintenance standards of adjacent properties so as Not to interfere with reasonable enjoyment of such properties to depreciate Their aesthetic or property value. B- The ne�ative imaact of" mv nrouertv"value was never considered 3-Extraordinary Circumstance A- T'he aesthetic and view of structure from my bathroom slider window depreciates my property value. B- The noise from work shop { high voltage power tools} is very loud in bathroom 4-Denrive privile e�s enjoved A- There aze two sets of homes a total of 4 homes on my side of the street that are attached at the garage wall,one of which is mv home and seven sets of homes across the street attached at the living room. B- Thev all have Privileges Enioved : Legal Set Back Enforced; for having one side of our homes attached to a common wall and not to have the Le�al Code Set back Enforced to the other side of our homes is• 3�3 ' ' • • r *PAGE—3—of Variance Application - {continued} 1- Safety- an Eztreme Fire Hazarded 2-Aesthetics & Privacy,Depreciates Property Value 5-Detrimental to Public Safe to Properties in the Vicinitv A- My home is the ONLY PROPERTY in the Vicinity effected by the Non Permitted Structure, in which the Legal Code Set Back procedures were not comulied with. B- I shaze a common garage wall with my neighbor to the North,by Not Having the Legal Code Set Back Enforced: 1-Safety: {Work Shop} high voltage power tools 2-Egtreme Fire Hazarded 3-Bedroom on North side of my home is nezt to Non Permitted Structure 4-Noise from {Work Shop} C- After article published in Desert Sun News Paper 2-26-08, exposing,the Toia's did not have a permit to build structure, 90%of neighbors said, "They would have never signed anything, and would rather stay out of the dispute, as it did not affect their property. {Note Dates}: on letters and petition {1-10-08} - {1-11-08} 6-Proposed use of site A- Mr. Toia does not disclose {WORK SHOP} in which, it is part of the same Non Pernutted structure As {Golf Cart Barn} Conclusion My home is the ONLY PROPERTY in the neighborhood affected by Legal Code Law Set Back Enforcement,the Privileges Enjoyed would Dearive Mv Pronertv of many Legal Codes,the other neighbors in the same Vicini and Identical Zoning Classification have the Privileges of Enioving. T'he Non Permitted Structure, Aesthetically also the Privacy of my home are Eztremely Affected and Depreciates my Property Value. That fact that I share a common garage wall on the North side of my home with my neighbor DEPRIVES my home of EXTREME SAFETY PRIVILEGES. ��� � � - _ ' r • . ! .- - E , - � - _r t r _x • � �« � •�_. _ s - � • s • • •f- � !! �- ! _ rt ._ . f � •,- � .�•- . . 11 .s _. -a � •��' ' f f�t` ■ �_ .. i ' F s '-F4 f t' i _ .!- • � - I� � - f�_ •�t- • ��- ' ♦' t'i+ ' ! !' (�. •, �t:�.'t�: t ✓, . i f� !f ' _ � t - �� - _.. � s • � a _ .f- s � - � - _ t- - •• s . t-s a � � ` j � . � � ♦ I I r i�i��T��t�c.�'��•�ls�'l�.T�`�1�►7:1�t� ;j +., , � - '�'�Fff��`�?��'�r�4'�l�l.i�%.f��;11!r�F�'�'�.i[L. 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ARCHITECTURAL ELVATIONS: { Show height of new sixucture } Mr., Toia states; "previously submitted and Anproved by A.R.C" a- The height annroved was not bv A.C.R b- The height anproved was bv the Building and Safetv Dent. 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; paragraph-1-Mr. Toia states: "To maintain a Consistent roofline of the golf cart barn parallel with The existing garage line,it became aesthetically Necessary to accommodate the �EXTRA HEIGHT} This was addressed with the field insaector and Incornorated nrior to his anproval for buildin� Final signoffl'. e- I spoke with Debbie LeBlanc,Building& Safety Technician, She said, "The final signoff did not address {EXTRA HEIGHT . f- Final signoff,was address by Mr. Mike 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" * { ONLY} * ,�/� . _ • • Page-2 Conclusion Once again Mr.Toia has Orchestrated, and Under the Penalty of Periury,the deceit of saying {HEIGHT-APPROVED BY A.R.C.}, he does not fill out the Height questions on the {Variance Application}. {WHY}? 31� - ; . . ���� �r� ��� T� i� - � -�---� �� . � - �f�-������� fl���� � �a�i��c���pli�atior� Access and d�vew�y dimensions Location and dirnensions of al!exis#ing and proposed easements AI! utility line iocations (gas, electric, cabie,�vater and sewer) ADA Ramps, Paths and Path of travei A!I existing and proposed s#ructures A!I building setbacks from property lines Building dirne�sions(include roof ovefiangs) Loca#ion,efeva#ions and height of proposed walls and fences Location vf hash enclosures Parking layout with dimensions of stalis, aisie widths, waikways and surface type Map Legend induding: Gross and ne#acreage of parce!(s) Gross and net floor area of structure(s)and type of use Required and propased number of paricing spaces(incfuding handicap) Lot coverage{percentage of iand covered by buiiding(s}) Landscape percer�tage in and adjacent tt�the parking area B. 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" . .i` _ ��i� fi-$t� . �1�+�Ca�a t�1�3�ca�cs !� ��� �c o � � . _._ ____�_..v _ _ --_ -�-_...� __--___ On 1-23-Q6-Mr. ;�'Iike Neely, Citv of Palm Desert Building & Safety Dept. came t the home of 4b-020 Burroweed Lane Palm Desert, Ca. 92260 He signed the Final Inspection of the Job Card for �Gate Enclosure—Stuccoed Wall Ta{ MATCH} Yard Wall ONLY� Mr. Toia the year of"08" added {CART SARN PROJECT} To a Le al Document Mr. Nee did not see ar si n. .. M• �__ �Y �._ . $ �� ' . . .- ... .. �� " ai � .r x I �. � .. ._ , a� a.. a <. ,r� " ,��' �y��... ? � . . M ) ". ., � �.� �7� �4 :�,. � � �.�� - �{ R . �I �3�t?i N .CCY ,�'.��.,. ti'� .I.�-. T. k�,. '..Y. '�'�.�� .�i ��13 � . ` . �y +� �7 . . .r . '� ��� . . � /� � , ,tk-.. . _. . , y7 r � . �• �� � �S*o�s-�`t��•y��y} ...w �-� �i - �_ �..� . . . � .. ��(f7 V . .. C/ s{t e .i ,,.�..xs ��� � .,_ . ��,b'���"i�`ys�-'t��a r�,r ,� . 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'T r � " . . - �Sq -. - � �,� . . . : - ' . �. , � ' �:-�'� : , .. . .� : � , ; - .. .:( � . . •� . . . . . .fE.:�. ., . .. . . . : . . . ' . . • � - . . r � � tt� � : '� � �� �. j�..�' � ' .. y . F. .. . . . ' . . .fj(:.. .. �- . .'+Cti - .:. . , ' 't . '�,. :z*;/. .�.' ' . .._.-�...af ..+p=. .:�,ti,�.._,.�nws:-,�.. 4e5;�,. , i���. i_ � �t.. �� e:,. �t -t ?:' � � :. .: . 3a , � � , _ ARCHITECTURAL REVIEW COMMISSION " MINUTES MARCH 11, 2008 A. Finai Drawings: 1. CASE NO: MISC 08-40 APPLICANT (AND ADDRESS): MICHAEL AND MARIANNE TOIA, 46-020 Burroweed Lane, Palm Desert, CA 92260 NATURE OF PROJECTIAPPROVAL SOUGHT: Final approval of golf cart barn structure for its aesthetic blending with the existing home and surrounding community �� ��� ��.: � � $s����� LOCATION: 46-020 Burroweed����ane ' ��� � .,��� . �: ZONE: R-2 8000 (4) �= � ��� Y� �.�; ,� .�. � �:: Mr. Swartz presented current pha��� :�' � . Suzanne �F�"nde's side of ,�� wall and asked Mr. Toia to pres��i-it his �;'"< _ents. ��w �.� �����. � Mr. Michael Toia, appl4�� t, presentetl�����i�irrent photos and summarized his struct�r��``'�` ,�`� ���ndicated tha�� he has taken some action to remedy some of th�� �i;���rn�:of�he Commission. At the previous meeting L th�ere,�j vva���=�� .�� concern regarding the undesirable a e-,.aran�e >�the ex�0���metal flashing on the top of the front w �f : both t�� gar��e and the golf cart barn. He explained �th�- both the ga��`���~nd the golf cart barn's front walls were ori i�` ly trimmed fi����years ago and the top edges were ,` trimmed �,��� �0 degree terra cotta etched tiles in order to match �#�iose alread �;E�sting� on the pitched portion of his roof. The _mt��aan detecti����i�hfi'has been replaced with a light fixture that .��-rn��`��eS the othe ¢yl�ht fixtures on the home. The original.�I�.__________. ---._--_ .------- -------------- -- draw�ng�of the�height of the front wall in relation to the common wall - called fo� .�'��n to be alike, but when they began to construct the �;�,. , wall they, r�itended to incorporate a 4 foot by 12 foot beam which . -- protruderl from the existing garage. To maintain a consistent =roo�of the golf barn parallel with the existing garage line, it `�" be��a"m�esthetically necessary to accommodate the extra heiaht This was add'ressed with the field inspector and incorporated prior ' to his approval for buildina final_siqnoff. Mr. Toia removed the __-__ . downspout in the gutter located at the common wall. The gutter �, � previously located at the common wall will be moved to the edge of • the main garage structure. This will catch and divert 90 percent of � he rainwater from the pitched roof of the house and flat roof of the two car garage. The remaining eight feet of roof section over the golf cart barn would then be re-foamed to divert the water away G:\Planning\JaNne Judy\Word FilesWRC Minutes�2006�AROH0311.do[ Page 2 of 14 � ��/ �P �i. _ i �� � � � -,�"' �'` _ � F � � . s` hi V�rI � t;� � FACT ♦SIl*13R��1�3; :i�i .�...,. . .::'..';.::,iRf/17♦ CI'i'i'OF PAI,�i DESER" 46-020 Burroweed Lane Palm Desert, Ca. 92260 {1}- 1-3-06 Mr. Toia receives Permit for {Gate- Enclosure "ONLY"} {2}- Stuccoed Wall to Match Existin� Yard Wall r � I� � r �� � � � 3a� NT OF BUILDING&SAFETY� �j CITY OF PALM DESE� DEPARTME 66623 73-510 Fred Waring Drive,Palm Desert,California 92260 (760)ri6-6420 FORM IICd�CORR�CIdif�CLYWIdll4extr��6n�.d�irlrnfasisNll�0ei0��d0ilOd9Ko�eitiy� �oQoa�eiwiaoca,ww�ie.adw�ee.�a�nartn�ro:baea.r: saean�mqdow,�aaaau•w.u�rosrm�.�am�ed.�� �ar� _ i M � b ' 6 h� Ow ��� - ��idir�esN;m�ew�ldfm�xiaaiismina�riemtvnwuerl�t (Ilib r�r�d tlwasid�IbN�i6ahioMO�s IfIqaYO p11EI1�IpDfAO[ClAlI1n10kllwqa'l��lixla� bC�eWsStabaa4Ml�bdq _ Itr�MhhOrh�rr+dYdYiJd�lipNYY�7.l 1ns�in��nw�b ��Ss 7o0t3 f�ns se Rdss�C�An�q s muy riai pw� , mr'+i4�rr.iAc�e�a isir al fqnopwa�Mfam�lMalflhrtY. snanPabairwn�6oiqieorpplorbs�l�r�e��0 mWna�hik�apusanbh0�'�� 1 CI CaClmh 9Z Ikslt lJ�(kp19�WIO�tlfJq�l Stl717�d ll�7d 1�B��B Md PRMYER 1b0�Q hl U�M� aRp�,imrosenaun+�e�r+wi NM,soaasrniauA.�aiMorb�o�+�a+eA�e�a o� N��� wro �w owqtlm�aeMeMMEnoaeM�k ' � ❑luar�dhpapsq,ary�po����pr�rireYwP�4�i6M�o1��aMW�whirYdaOdrdlwa� Sik1�AM.BastlPd�ae�aCah.lA�Lae4�ASY1bnUrOr�r�btla�tl/�h�AeAYaMpe� M a��a.roeo��..►.�onoq�rva.o.�woq.ao�+ne.aro�a..rwmoraaQanodrai iA�q raew � YM,ppbMprbMudMbY ac.r�Moi�qaiaea�or�4dl.�i�qa�NrdmNMM�es�Oior�lAotlre�am��MikorW6diatl0• b.�biliM�Miaawl��W.��l �apastrhpupelldYp D�aewrdr�wear�mmq.�taw�marsnrmwueareNo16s1oK4rw�eFldworOoaa ue�Awor SkO�►sh5rallawlwaon�l+pjboard/apAr�MdMaYpa�Mioialbca�Nb�PdR7�+ 1�11W� coaxdlq w�eo onrl b r f aroh 8re Idr l�¢ ' ❑Iaa�Mu0e9c .EIP.Gb1i�w Ipfyd11Mn1WqlsisiMOfleWp+Ce�bbn6�nim�tlp�lom�y.�ioyad�sioalMYr rt�ptiytlpaelnenNOM�j 'e1�0�rriqo�hMOMr/oM04qa+�P�P� P�INC�t � �� dApdui• or 3 uL '°"�6020 BURROWEED LN GAT ENCLO$UE "a` 06-00036690 °Y�03/06 "BEOFE"��1DD/ALTER RESIDENTIAL (OWNER/HLDR) """"U -'g00-023 a"'""CND' °M""" TOIA,MIKE ���� "°01` 46020 BURROWEED LN 't?3862-00- bi � ar PALM DESERT "�°` CA 9�'l`�557�"°"` PERMIT SUMMARY �°""`""�OWNER *BUILDINf3 PERMIT 85.05 CON1MCOR OTHER FEES 28.2$ ,� u,. .� »� »� uc�wa �g�ne ca.raw�xo Ivn w�wv Pi/H "�TC7�1��[2CTCT/ENC3 ���� �� ar °'a� a'°°°` ""°'E `«w`�n.r. 'av�`.c� 113.3 3 CONSTRUCTIONH�EyC�EFEE.VALUATIOTYPEDVSNONC���NN3�TION -- OC�UPANCY TYPE . . . . . . GROUP R• DIVT RwF TXPE CONCRET� TILE TI ESTIMATED PLAN ItEVIEii�BA3ED�ON TOTAL EBTIMATED VASUBTOTAL�DTIE I$; 1000 ,00 -- PERMIT INFORMATION -- *BUILDIN(3 PERMIT/RES ADD/ALTER Unit Charge Qty Per Exte i INSP RES/ALTERATION PER $3000 65.0000 g3 � g�1�g�5 SUBTOTAL DUE IS: 8�.05 -- OTHER FEES AND ASSE3SMENT3 -- *Ip�LANFCHECK ADD'N/ALTER 22.28 SUBTOTAL DUE IS: 28.28 _� � r�.e:i t�.na��r �e.t�t.n n�� - . t�i.1 �1M�! Iif�.� BUILDINO DEPT, . �a8 � _ _��1 ,��J�i. .� ��• ' • � �jZ f ST/�! �'"L ` -s . . '" ��. ---� � � � � e� . _t - ��,�� . JV � �\\�\� � �.' � ' � �.� � - � � `� �s.� � � - ��...�. � � v, . ,' � t ��� �o � i �.,� � � ' t � � `' P � i � � � � � � 4 z t' 1= � � . � s 3 � � � � - � � � � � r1 � � � � , � � � `� � s ~' � � A� •� • � t �51. .� {� . f, � �� L -�/ ` �!I 1 3�� / � ! � � `�±� - z,: � �t.� - �. '�= ��' � .—J �-�. ��� . - .. �- r + 1'• '+� " -^ . . 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"_'-_'__ �'� -. tp�.yy ' ��F�R`r �-/_ � k'T �•� �'I� YQ,-�.'�` �'` �E � �� ... .��»l.ni��'i�2_ � �G.� 1 '1� �� }�. , K.t 1 � ". =�Y�`�J � `� " ' -'.r�y . �. 3� � �.,i-4f . . - �:-~ . � r-� '.� , i.\ _ > a�t . Q '� � _ -- ` ' ��;� x 1 � �'* �`, ;P _ _ - �j F>� , �. .. J �.' 1, . , �� 1 . -S." �•a. � t � ' .' �' .� �, `�` : � ' '�,r f . � � '1 ., �♦ �' t ,'+ �; . - , �..�� ��� � �� i. � .�`� �. . l �,� : �.��-- �,� FACT `� Au� 2 � 2�8 ;p,���r�.E : .� . wS'��' c��r�aF��HL�r i�ESE�^ 46-020 Burroweed Lane, Palm Desert, Ca 92260 {1}- Z-10-06 Mr. Toia follows Legal Code Procedures to �et permit for "72-SF" Add on to the North side of his Home. {2}- Mr. Toia has Privileges of Enjoying Aesthetics & Privacy of North Side of his Home. {3{- Mr. Toia Propertv Value Increases. � , ` � � � �� � � _ _ f� � _ � ��"�� � �� ► �.,_..�.� ,-. ... _ � :� � �, :,,� . �� � ,. , 6, _ a... K ' .�+;"' �.�� t ' ' �' '�� � �. 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DESE�T CA 92250 - PER�lIT SUM[�lARY � OWNEB BUII,DING PERMI2 101.t}4 � .� ELECTRICAL PERH .00 ��*+ � �� � FEES 194.8D uoe�wa w�smvw�,cr,c.roeo�w�n A .acsiar,�es� ��x1 .� o �xc�c� �a� � � �� � �... .�� ( 2��.s� -- P;�A_'V CHECi{ PE£ VALUATIQN AND STRUCTti�E INP(3&lSATiOtv' -- �f'flNSTit[JCTION TYPE . . . . , TYPE V NON RAT£i3 ROOF��gfi�l'P£ �P� . . . . . , BUQI�Lp�fi� � DIV3SION 3 ES i�Z�lATED PLAN�REVZxE47�BASED�Oid T{7PAL ESTIHATEDxVAL�ATION �P: ���00 SUBTOTAL ➢UE IS: .00 *$USLDZNG-' PERMITi RES P17DIALTER IT I2dPQR�SAfiZON -- �SE ��� Unit Lharge Qty Pe} Exter��iQ$ INSP �ESIDEAITIAi, REMODELlADD`iY .52QQ 72.00 SQF 37.4e� SUBT'�TAL Dut; IS: 1�J1.04 -- PEI�?1�iIT INFt}RMATION -- *ELECTRiCA:� PERMiTi3�ESIi}ENT�AL -- OTHER FEFS AN� RSS£SSMENTSSUB�TAL i?UE IS: .�0 CONS�RgUCTZ{)N TAX 28.8(3 *��L�A�NH�N APPR{)VAL (C1TC} 1�.00 *PLA3�1 CH£CK �SINIMUH FEE �35.00 SUBfiOTAL DtiE I�: 194.80 i r e�,r.-�x . _. _. - -- �_ --- �a�s 2lii/�+M 14ceipd r� 47�l1 isEai twdw�d Tet� }apeet ig�.� � 8iNl13tt+lG DE�'? 3 v J , ' , • • � � L � �'L��1 n � �s�T-�,�� . 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'` "`� ` �' P r� J � �� FACT 46-020 Burroweed Lane Palm Desert, Ca. 9 C� , �� , - � '�'. �� ��_� Ql�� �� 2� Year of"06" ;�i��'�_� �.:: -���+i�' �f,"I3';�P PAi.b�D�� Mr. Toia built {1- Permitted Structure} on to the side of the North Side of his Home AND: {4- Non Permitted Structures} on to the south side Of his home. A- Bedroom B- Bathroom C- Work Shop D- Golf Cart Barn {1} Golf Cart Barn and Work Shop are: A- Extreme Fire Hazard B- High Voltage Power tools in Work Shop C- The Noise in to bathroom from Work Shop Devalues My Property D- Privacy on the North side of My home is Depreciated E- Aesthetic View out of My Bathroom Slider Window Devalues My Property � F- View from my back yard of Golf Cart Barn and Work Shop Devalues My Property Does the City of Palm Desert Building & Safety Dept. allow a home owner to build one side of his home following the Legal Permitting Process while the other side of the home does not have to follow the same Le�al Permit Process? � / ��� ,� ,�, , �� ��� �..- ���� � � �:.. � : ��t � � '����� � �� , � � � �w � J l, 7� �-,�,+ .,� �� i #a. ,�� �.� �n �g � � � p i" � � ��� �, �::��x:;.. ,.. °e�'� `� ���3`...b: � ' •ayr :�� G � yV +r �`g„�xY. /� �� w �Y ,ar:.,d�+"x. 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Noise from Work Shop, invasion of Privacy also the aesthetic of this structure depreciated th� value of mv property 3�� 1 �7 �n'� , �1� City of Palm Desert 3-6-08 Planning& Building & Safety Department 73-510 Fred Waring Palm Desert, Ca.92260-2578 Planning& .Building & Safety Department: � ' On 12-28-08 I, Suzanne Pride came to the City of Pa1m Desert Planning&Building & Safety office and filled out an Investigation Request Form in regards to: Mr. Michael Toia 46-020 Burroweed Lane, Palm Desert, Ca. 92260 Mr. Toia my neighbor applied for a permit at the City of Pa1m Desert Planning & Building & Safety Department for a"Gate Enclosure"1-3-06 and was approved 11-20-06. After removing the dying Juniper from the north side of our wall in the back yard at the end of October- 07, I found that Mr. Toia had a piue, over lapping our wall from his roof drainin�on to our property. I asked him, "What is the purpose of this�pe"?He told me, "The pipe was drainin�from his swamp cooler". Mr. Toia removed the pipe promptly. My son-in-law,who works for the City of Irvine in Orange Co., came to the house with my daughter and my two grandchildren for Christmas,while in the back yard he natice the structure over lapping our wall and draining from Mr. Toia's roof on to our property. He said to me, "He did not think the structure was LEAGL", and encouraged me to go to the City of Palm Desert Planning& Building & Safety Department. This is what I discovered: Mr. Toia misrepresented him self and did not disclose his true building intention as to his request for permit and approval of a"Gate Enclosure" Mr. Toia built a"Golf Cart Shed"not a"Gate Enclosure"with out permits or approval for: 1-The roof of the golf cart shed 2-The inside wall of the golf cart shed 3-The garage door of the golf cart shed Mr. Toia built the"Golf cart shed"with out a licensed contractor. He hired day laborers. T'here is approximately "ONE THOUSAND SQUARE FEET"of the Architectural Structure of Mr. Toia's roof that"DRAINS—ACROSS THE PROPERTY LINE- ON TO OUR PROPERTY. 3�3 , > - ti (2� 3-6-08 Mr. Toia is Encroachin� and Tres aU ssin� on to our property, as he has built onto and over our wall. Mr. Toia also has a workshop behind the golf cart, in which he is using power tools for his projects. . , This "Ille�al Structure"will affect the selling of our property and devalue the price. Mr. Toia has collected many letters from the neighbors and has a petition that several of the neighbors have signed. Asking the City of Pa1m Desert to "APPROVE"the "Ill�e al golf cart shed". This has turned into a"NEIGHBORHOOD LYNCHING" and has caused "EXTREME ANXIETY"to myself, as several of the neighbors are shaking theirs fist at me when I am out side in the front yard After several of the neighbors read the article published in the Desert Sun news paper on 2-26-08 that read, "Illegal �olf shed will be on the agenda at the Architectural Review Commission-"The Toia's did not get the proper permits from the city"-they felt missed led by Mr. Toia, and called the Architectural Review Commission to have their names taken off the petition list. This neighborhood has been turned up side dovtm with EXTREM GRIEF AND CONFUSIONS. I am requesting that the City of Palm Desert Planning&Building& Safety Department take legal action against Mr. Toia to have this "Ille�al Structure"removed with in 60 - days or I, Suzanne Pride will be forced to have our family attorney from Orange County take legal action. , `i� l��%�7 Suzanne Pride Suzanne Pride-----{760-668-5444} 46-040 Burroweed lane Palm Desert, Ca. 92260 � Mailing address: PO Box 2688Pa1m Desert, Ca. ��7 �� � . � � � Ci#y of Patm Desert Public Natice Case No. MISC 08-40 � �� 2-11-08 .�.-� '�f'��,�' -�' � } �. � ��� ` 1 City of Pal�Desert, Architectzual Review Cammission: ,�.�E�A;Ty�E�'� ,�-y�Y UB��1A4�g�p � The subject property locate�i at 46-020 Bunoweed Lane,Palm Desert, (�'9Z��i witch Mr. Michael Taia is requesting approval for the set back of the stntcture of the golf � cart barn and its aesthetic blendi.ng with the existing home,46-040 Burroweed Lane, P�m Desert,Ca.92260 There is a co�nmon wall shared between 46-020 Burroweed Lane,Ca 92260 and 46-t)40 � Burroweed Lane,Ca 92264. January 3`�2006 Mr.Toia applied for a permit with the City of Paim Desert Planning and Building for what he described as"Gate enclosure"at 46-020 Bun�oweed Lane Pa1m Desert,Ca. 9226D.Mr. Toia's request was approved on January 23`�2006. Mr, Toia proc�eded to build a"Golf cart barn"in witch he,Mr. Toia,built an inside wall, with in inches of the shared common wa11 with 46-Q4U Burraweed Lane.Mr. Toia also built a roof for the golf cart barn and attached and over lappec�building material over the � cammon wall on#o the properiy of 46-040 Burroweed Lane. Mr, Toia requested a pennit for a"Gate enciosure"not a"Golf cart baz°" Mr. Toia bas misrepresented hun self and not disclosed his true buildi.ng inten#ion as to his request for � - approval of a "C'rate enclosure,"as he did not request a permit and seek approval for the inside wall he built,"witch the Planning and Building Law states, "shall not be less than five feeY', for#he neighbor of Burroweed L.ane Palm Desert Ca. 92260,also Mr. Toia did not request a pemv.t and approval for the mof of the"Golf cart barn"witch he defines as a"Gate e�closure" in his description of his�request for his building permit plans on 1-3- 2006 . Mr. Toia did not disclose lus building plans and misrepresented himself to me, Suzanne Pride, as to the attaching and.over lapping on to the common wall on the property of 46- 040 Bueeoweed�.ane,Ca. 92260 I am requesting "25.18.fl70-C. for the set back of 5 feet", of the shared common wall to build a structure,on Burroweed Lane Palm Dese Ca 92260,be applied. Also the uilding materiai that Mr. Toia has attached, and over lapp on tp s co�o�w�ll of the pr�operty 46-040 Burroweed, be re v '�_ .��7,�j�-- �� Suzanne Pride - 46-040 Burroweed Lane,Paim Desert, Ca 92250. Mailing Address: P.O. "--- �"'" 760-668-5444 Palin Desert, Ca. 92261 Reoetved PI nning Commission mee�ng ��"/��I�(,,���jJ`7 oate•0 6 Case N �AR a -abl F�• � �- 1 ` 3�5 . . . .. �'����?�' f'�o� �� N a-�� � o� �: �•�. I�� Tt�l�j a� 2- �1���!� to the 'rtouse �as improv��i th�� ��c:ighbarhovd look ar�d it blends in ����th the architectur�_ A�tr. St�n Smith, ne+ghbor, stateci that h�r. Toia's �ous� looks 1 C��o bc;ric�r th�n wheR it �vas first purchascd. h�r. t�ic�aard A�otts. �e�hbnr, �I�o �c�rc�r:�i e�th th� ccmments made ��nd stated t�at this i:vas a rentai hc��+sc; anci now is �nc; of the finer h�mc;s on the street. p�stheticaily� ihe �a1f r�rt barn has fiilec� in an ar�� tha� needeti to be upgraded. t��lr. Q�c��tc� �sked if anyore ivould lik� to spe�k in �ppositic�r� r�t ih�: prt�jec#. �:1s. Sur��nne F�ricie. r�eighbor, statetl ihat ��€hat R�r. Tnia has done to his hor��r. has ;m�roved the n�ighbortwod, but tt�� prob�em is that ��r. TQia A,vhc�n he requ�sted a permrt �n Januar}� 2��, described it as a gate �nrlc�sur� nnt a gvlf cart barn. Hc has mi�r��r�sEnied hirnself to t�e G�ty �s t� what tie vras buiidinq. Nonc� �f thP neigh;�ors tivfio s�okc h�r� tr�da}� ha��� their comrnon ���ali r�ext tc� �1r. Toia except for me anci �3cc���rciiny to the ordinancc there must t�c: c� f�vc fc�t s�tback. hir. Tai� ha� �iso �ddeci t�ui�ding mat�na� thai overi��as t�zc: common �v�lt onto my prop��ty. 1�Vh�r� 1 ha� taken dov��n m}� ;ur�i��r t�ushe��t noticed there was s�mr sort c�6 �ipe that ���as attachecs to t��s r��>f th�# c�me over the commpn ���all c�nlo ri�y property t� �rain whatc:vec he was draininc� from his �ro�aerty. t��e did �ot have � E7F:rmit to bui�d the roof, th� �ar�y� d��r ��nc� the inside wrall that is inch�s aw�y from our common wall. Thesc horn�s avere built 3{D ycars ag� �nrl ar� galf course cotta�es ar�� his �mr.,is � �iny�e farnily residence tt�af is nnt �ttacheii as all these ofher-hs�m�:s �re. i iie othar homes havp one car g�rac�es ��rhere his is � tw� c��r c�arage and is r�at art of tivt��t is call t c,c�tt� es �t Shario�v �,1c�unt�in. 1 am requestiny ihat tt�e lav+� be � a li t� r. Tc�i� ir� rc�i�r�r�ce to the fn�c foot setb��Ck �r�cf r�m�val af buildi� matcri�31 that i:� o�,rerlapping on the comm�an �aali� Aiter di�c�ssinq #his avith other p�:op�e I v,ras to3d this was n�t i�gal. +�.�t�en ! came cic�v��r tca cher:k intc� t��e permits. I founci ouE it�at he had n�t f�le� fo3 ��y ���mit�. He was granted a �ermit to builc9 .� gate enclosure on J�nu�ry 23. 2{}06 and th�t is the only permil ihat he appt�ed for. C�mmissior�efi G�e�or}� stated th�t th� Cc�r�rl�iss�n basically is an c��stheiic ty�� �r4U� and this 1�ks lik� �� C.id�: Enforcement typc situ�tic�n. t��r. E3ac�ata st�tcd th�t Ccxi� Enforc�ment did get invc�lvc?ci t�at is vrfiy ii c�me to thP Af2C f�r �ppro��al. 3efor� v�rianc�� go to r'lanni�q Com�ission �►:e dttivays briny ii to AF2C r�,�y��r� tt�Pre is � bui;ciing is�;ie involv@ci ari t����, ft ��nkc �rct�il�ctur�tly. T�da�r t�� Commission �s Ir�kir�g ijt it value or�Iy ��r�t� h�v�� it blc�nds ,n �:�ith ihe nei�htx� �-�}�'-�fG�J�hl � Ptanninr� Cc�n�r��iss�nn c�� the City Council de��nciinc� c: A --2- �.. ��� � _ _ . i � , � ` , � DEBBIE HARRIS SI�ER11�1_AN Attorney at Law 74-923 Highway 111, #244 Indian Wells, CA 92210 (760) 341-2278 fax(760)836-9181 DHSLegal @ aol.com February 26,2008 Via Hand Delivery � David J. Erwin, Esq. (( r� �� B e s t,B e s t& K r i e g e r v �� 74-760 Highway 111, Suite 200 Indian We11s, CA 92210 RE: Cit�of Palm Desert Architectural Review Commission Case No.: MISC 08-40 A�plicant-Michael and Marianne Toia-46-02G B�irroweed Lane Dear Dave: Please allow this correspondence to confirm our conversation of this mornin re ardin the !! above refe.renced matter. �appreciate your agreement to take this�atter `off calendar' today in ��� order to ena e a itional investigation due to yesterday's `disco�ery' of a recorded Declaration of Mutually Protective Restrictions to which Lots 1 to 13 of Tract 3862 aze subject. The Toia properiy is designated as Lot 1 of said Tract, and as such is subjec�to the recorded Declaration and all covenants,conditions and restrictions contained therein. The Declazation manda#es that . a11 pians and specifications for construction,modification or alteration of groperty be submitted to the Declarant as specified. Further,written pernussion of the.7eclarant is a condition precedent to any construction, alteration or modification of the properties subject to the Declaration. In speaking with Kevin Swartz,Assistant City Planner,earlier today,I learned that the City's file does not contain the Declarant's written approval of the plans as required by the Declazation. As Mr. Toia has failed(once again) to comply with the procedures and restrictions to wluch his property is subject,his pending application does not appear to be properly before 4�he �ity or its Architectural Review Commission.. � As we discussed, I verbally confirmed with Commonwealth Title in Riverside that no document has been found modifying or extinguishing the Declaration. As such, it is tl-�e title company's position'liat tbe.1969 Declazation remains in ful`l force and effect as to a11 lots described in the Declaration including the Toia properry.� have ordered a preliminary title report ir obtai 'nui additional informanon re ardm the Declaration, the restrictions on builc �' contained therein and certa'in easements affecting the property, which aze m� � ���� ��� backs , . � � � �.. 3�� , . �,--� �� �j j E S ��- �4 .j� . G. , ' � ��'��JG� a� 3-� t-o� �RCHITECTURAL REl/IEW 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 Hams-Sherman, Attomey for Ms. Pride, introduced herself to the Commission. Commissioner Gregory stated that this was not a courtroom or a pubtic 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 strvcture, 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 rriaking 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 wili make a determination on. They are aware of that and they are not trying to use this forum for these types of priva#e concerns, but only to express their concems 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 the want to be very careful of._ Ms. Pride's property va ue and the ability to freely transfer her property should not be taken ftom her because of a tructure at was built without the benefit of the rocess. e 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 ' ' �� " covenants and restrictions recorded against thi: 1969. She has confirmed through a preliminary �"�j�,j.�J�Q�J� discussions with Dave Erwin, City Attorney that thE c.- i G:\PlanningUanine Judy�Word FilesWRC Minutes�20081AR08031 t.doc Page 4 of 14 � L- �� •'� ,,,. „�..�, '?�,��,:/ ��17�'''i �-.F�yi "`�' ' 'e%�, �----,,.--� - , "-------�—. `�-'% }��:_ '�,': ,,.;,,�?I_� _:i =`. �� �-`.+ � ��l���}� . t-', " :� - rys � s� C� ��{�O � , � . f i�u�:ind and Cnnsiderate�ici�hhhars, `Ihank-you fpr all of your 2ctters and si�natur�s in rcgards tn th�"BEALJTTrTCATIC31`" of our neighbar. As you all ha��statcd in�our Icttcrs,you have dri�•cn or walk�by�nd���itnesc Ih� trantiform�tion of thc hoe�se at 4b-420 Burcoweed Lsn�. Pnlm Ik�ert, Ca. 922b0. `V�havc livt�d tbis ttar�sformation for !0 years,with scveral different�wrt�rs; ihis house has been ur�cr cansiruction for 7 ycars. Our family bought many g�rdtn h�ses thai we oonnccted togeth�r and dra�,gad thr.m c��er t�4fi-020 in which v►�e u�sui our water to kcc�p �lt the ir�cs ativc fdr o�'cr a y�ar LVe a�ever so gratcfu!to the!oia's, far ihe i�atd x�ark, timc and mdne}�they havc inv�siai in ihcir bome, for this"KF.AUTIFIGATrON' i�truty au assct and tslut ta our r�ighborhoad This past tall we had to removC the dying.Juni�fmm the common��ll vn thc norit� sid�of our back yard that the Toia's anct vve shane. Tt�e gichme we have�lo�d, takc:n 2-4-{)8 by th�Ciiy of P�dm Dc,sc�t Archit�ciura!IteYic�+�ommission gives you the viex� of what wc s� in our b�ck yard whi�h is far from t�de#inition of"BF.ATI'OFCATION"- �Vlr.Tc�is l�sd a pipe,orer ls�ppin�thc wail from his roc�f on to our side of our pmperty to drain"what evrer"on to our praperty. l asiced him, Mr.Toia wbat is the pur�wse of this � pipe hFvnging ovcr thc u�all an to our P�P�Y�•'I-Ie, Mr. Toia removed t��pipe pramptly. Mv �on-in-taw,wh4 wot�ss for the City of Irvint in Orangt Co. camc to the hou�se for Xmas.�Ic was in tbc b�ct� yard, whc:n hc saw what you scc in thc picture we hav� cnclo�d„�c said to me thai hc did sx�t think this ww�ss"LEGAt:'and cncx�ursgai mc to go to the City r�f Palm Des�rt Planning and Buildii�to mnke �-ure. I�cr�is wt�t you ne�d to lcnow. 1-Mr, �oia applicd for a permit for a"�ATE�1Ct.OSI)I;R"—not� "GO� C'�. .t�R'1" ��» 2-IV`u. Toia did not appty for a permit and gci approval for. a-the rnof of thc Salf c�rt barn b-the insidc wall of�e golf cart bsrn c-thc�aragc door of tht golf c�rt be�mm ThC`��,►?E,ETIG�?SI?R"...."fiOLF.,,�,� T�t i3ARN"— is an"Ill�1 �'tru�tu�"with out permiis or appmval. This"tlteusl Swcture"will hav�to be ciiscloscd by the�ome in�pc�:tor and wiU affect the s�le of our homc. Bt�atss�this,"ILI�EG,�.��`RUC'1'iI�ZT. citx;s twt at�'ect the salc of uYOUI� �'R,QPERT�'��u askin,�all of you to altow our family artci tlie Taia's and th�City of Pg[m Dcsett Plannin�;aad t�vilding tc�na�lce this"jT 1.EGAL STRUC"�`iIRE" "I.F.GAL" . ����}�t�� G -- 2. f ��2 3 �R �. � . ' � • `l'tz�:"13T;:'�ti��'ll�i(`ftTt()�"c���e�ur a��i��tic�r��c��, )'es is:� �i°ottt��hil ;�PPlacwiic�t3, ��c:t t�is ..�3t�::�tsTIFtt r\ I It?�'., =��r��'• t�c' �t���ir� �tiit#�i�i the"I�;'l1�" �c� c�rn: is r����.�tirt�th�t t�t'1'cai.�'� r�t�t ���� �"Golt'('�a�i �isrt�'�. "l�e sz•auc-�t i5 t��m:+kc �hc "�iotf�ast ���rn "--_-_-_- •i.�Gr�T '+ 1�:�����a 1 t��x»�tlt��tt a11 t���yc�u h���c r�u# �c:n tGl�thc d�:tai15�f lhis co�t��lr� "tll���l �3«ildi��� �uucttirr"; it h�s ta�:�� sc�s��� tisn� t� �e:t atl thcy f:�c�.ti:�ud d�tnitc I ask c�t�yuu all to cc��sid�r�iot g��tin�; �n�Rc�tv� in this matter th:�t�uc:s n�t :i�CCL ittL' �'S�'�Ll;t�F�QUR PRt)I'�RTY" �i�� Ft�vc t��r�quite:, �.t�aasicl�r:�i�, �.in+3 t:�i�h�c�� i�� this r�i����a�►nc���d ant� mird i�ut ����r; ht��inc��. V�{�l�xive r�c>t c�auscci aray �c�cf�vhat u�c;v�r to an�t�s3c�ist i�us nei�hht,:�ooti Yc��h;�ti•c: si�;n�c� a�etition f�T an z°!L!.}e„�.,,,C�AL S7vU�. ���[��F't �n ��►1�ich y�ur es�un� is an r�cord at t�e (:ity�f Palm t)c�t at�d availd�rlc fc�z ih� �ubic. If vc�u carr to t�lcc yQur r�a�ne af�thi� �c:iitiut�y�u ca.���nia�#: �:.e�°ii� �tiv�artz e�i ;���:►- 7�f3-fs���)�-- CKtC�1�2Csfl-- � =i�S� `l�anl� � y���� fc�r yc�ur kind ur��ter�tar�iin�;s:cst�sidcrat�c��, If+�o� �ve�ule! likc tc�speak tc� ane�, ;7G!)-fiti8-5�4�4}, �'Qll.irC evC�Gl?ii3C ttt t�tl tit1. Cic�ci BIc�yau and ttac k:it�in�.ti�3°�: sharr in uur n�i�hbur�uxxi Sinc:�rel}', f • �� f j'��j' �q 1��A�-»����s !!//%iy,�� �ll�;i172� �i3C�C 4fi-t�0 Bturc�w��rd i.anc Palr�� Lh;�ert, C'a, �'�'`?6� �7t,tt-66�-5�4� ` � .Vfaitit�;addrrss: P.t�.Bc�x ?(�l�K P��a�� D�sert, ('..a� �12?fil ����Md�� G--� � � j�- _._. �- 3�� � __ _ _ _ _ � � ,' s��i� ��../��i f-!% a �� L'� � .•;.>�/, '"'�.-�.--.� f ��^ �`����.° �e..f�L:�� � .� � �� ` -s f� � �°�'�f��}Z, , t-'i t �r - t--� �_i t G�� li0 O � . i Dc�r Kind and C't�ns`ici�ratc 1lci�,hhors, Thank-you fUr all of your Ictters and s��nstw� in rcgar�ds to thc"$EAUTtFtCATlO?�" of our neighbor. As you all ha��staied in yo�r letters,you have dri��cn or waiked by and witness the trunsforrr�tian of th� house st 46-02U Bw�mwced Lan�. Palm I�ert, Ca.92264. �Ve have livcd this tr�nsfornaation foc 14 yenn,with scverai differerit c�wr�rs; thas h�u� has boe�n undcr cc�nswction for 7 ycars.t)ur family bought many�ardtn h�ses that we vonnccted togeit�r and dra�,gad them ovcr t�46-4�0 in whieh v4�t; u.u:d our water to kc�p �ll t�e tr�s alivc for ovcr A�+ear We are ever so gratcftil to the!oia's, 1cx Ihe hard k�orlc, limc�d mone�� thcy hnvc invesocd in their hame,fnr this"t3F.,AUTIFICATiON" is wty au assct and vatuc to aur nei bcxhood Ttus past tal! x�e had to remave the d}'ing Juni�icr fmm ti�e common u�ll on the nc�ru� side of our bac.k yard that the Tois's and wc share. Tbe gichue we hsve�ncloscd,taken 2-4-08 by ihe City of P�m Descri Architecttug!R�viev+�C�mmiss�on givcs you th�view of whai wc see in our back var9d which is far from tht definition of"BF.AITQFCATIUN". Mr. Toia hr�a pipe,over isp�ing thc vti•all fcom his raof on to our side af our prc�perty to drain'�u+�hst cver"on ta our pmperty.I asked hTm, Mr. Toia what is th�purpose of this PiP�hmngin8 ovcr thc u�a�ll on w aur p�+nperty7 He, Mr. Taia rc�muved th�pipc promptt}�. ivly sun-in-law,who works �'or the City of Irvine in Orange Co.camc to the hottse for Xrnas.He was en the back yard, wbe�he saw what you scc in the picture u� hav� cnclosed, bt said to me ihst he did �t think this was"LEGAI."And cna�uragad mc to go to thc City �f Patm 1?es�rt Planning and Building to make�-ur�. ,. , i icre is vvhat you need tn know�: ) 1-�1�fr,Toia applied for a permit for s"Ci,9�TE�TCI. SIJ1;R"--�ot a"GO CART $�" 2-I�r. Toia did not a�piy for n permit and gct approval for: a-the roof of tha gvtf c�a�t barn b-the inside wa}I of ihe golf cart barn c-thc�yaragc door of the gol f c�rt barn �hC"�xA��.��SE1R"--•`YiOLF�,�$T BARN»— is aa`=Illc�l Str�ture"v�ith out �cnmiis or approvat. " This" ie�ai Structure"will have to b�ctiscloscd by the hame in,�pcx;t�r and wiU affect the�i�of aur homc. 3cc.atss� this,"��,,j�,$. `�RUC"I'l1_R�. doc:�uot affect thc sale of"YOUR �?R PER 'I am ask�all of yau w ailow ozu family ared the Toia's�d the City of Palm I?csttt Plat�ait�and Building tc�m$ke this"IT i.� S _T�U._C,__.�'1JRE" "i.F�GA►I." /�-� '� � � ~�. ��., - � �. 35l ' , • � • �1'hc"i3Tr'�I��I"lt=lt'.1TiC)Iv"t��'nur t�4i�hc�r�ac�cx'�1.�•�� as a ti��anderfu� ����lic�tion, +=ct this "kil�'�1t:TI�tC:r�►�1�2{�3�"�nAit. tx:�c��li��i �vitl�in ti�"�^=��V,. �le� c�rn: it[�c�u�aiir�g th�i it�c�"i isia's rzt�t har-� �"C`inlft'art H�rn", 7�c rLc?urst is ti� m.��� the 'CiolfCart l�.irn "-_______ '(.��i�L," �"�!g!"•'• I kni��v tl�t �11 taf Yvu lt,'��°C��Ut t�c:�tt�Id ihe clut:titti���.hi:;com�slc:x "tilc��ai_I313�lc�ii�� Sttt�ct�xrr': it h�s ia3:rn �e�rt�e timc� t� �►ei�l! tne���c�,ti:�nnd dcts�ils I ask e�t"yc�u �11 to ccm,ie�er�tQt�ectin�; in��c�lvc�! ir� this m�tt�.�r th:�i e�cx�s nt�t ;��1'e�t the :.5�'�U:t)C YUt�R PRt}}'��TY„ tiVe h�ve�en quitc:, cc»isi�c�rate; kin�i i��i�.:;�hc�rs it� this r��ik�ibc>thc�d �a:zc� mirlci aitr�titim bt�5inetiti. V►�e h:�v� nc>t�aticcci any �ricf��hE3t �7 evcr Yo�ntis nnc: in t�us n�i��htx�ri�o� Yc�u hav��i�;nei3 a�etitiofl ft�r;an"Il..l,I:CAt ,S'TUR �`���JIZF" in �4��i�h vc�ur nam�: is c�n rs;cocd at the t:ity of'Pzilm t?c��rc�t�d availablc fc�f the pubic. Tf�ou c:arc t�take yaur nama flf#�t�:s pccitic�n you r:�� cantact: Kes°in 51�,�rtx�t �?G(�- 77(i-fr42t�,_� �xten.,i��rt-- #�8� 'l��arzk --• )nta f��r yc�ttr kind un�cr�t;�ndin�c;crn�eder�tticsn, if v�� wt�uld likc to spe� ic� rnc�, ,76!}_{�i}�-54�;, Y flu:�rt:wc:lct>tt�e t« dc�sc�. t icxi �lc�s yt�u;�nci thc kindns..;���ti°�: sh.are in c►ur n�i�h��e}�c1od - Sincece:l}�. � - . ,s� l_�.���----- ���� . Su�anne �'ridc ��U Hurra��C� I.anc Palrn Di.'scrt, {.'a. S17.ryb0 7f�►-f 68-5��� ��6�idin��tdc�rrss: i',t:1.Bc�x Zb�t� � P�stm De�, C`'.a. 9�261 �'�i��h�1�1 "� �j - 2.. ��� �� � _� �- ��5� . + • • Reoehred�Plsnninp Cortir�ission ms�r�p pate�.�o s'!�N�A�' 08 -d6� Frorr�_s_�LL�.�.�nn�. �,�i�,o August 30, 2008 City of Palm Desert 73-510 Fred Waring�r. Palm Desert, Ca. 92260 City of Palm Desert Planning Commission; Regarding: Surveys; 46- 202 Burroweed Lane, Palm Desert, Ca. 92260 done by Mr. Fitch the month of A�g�st. The lst Survev done by Mr. Fitch in August stated: Froperty line is on the north face of masonry wall,which means the wall belongs to me. The City of Palm Desert Survey I�ept. rejected the ls' survey and requested a second survey be done, because Me. Fiteh contradicts him self on the lst survey. N�r. Kevin Swartz, assistant Planner said to me.{ "Mr. Fitch, has been known to be if-e and the Citv uf Palm Desert might have to pull his license}. T'he 2°d survev was done by Mr. Fitch. Mr. Page Garner, Senior Engineer/City of Palm Desert Survey Dept. explained to me, {"there is a '/: inch difference in the second survey and now the wall is a common wall"}. 5-8-08, Mr. Toia had Robert Stewart an attorney; send a letter to me with, [Threats and Black mail,stating that the City of Palm Desert HAS ALREADY INDICATED A WILLINGNESS to grant the set-back variance based on the results of the propertv line determination.} If the decision today is to approve the request of Mr. Toia's Variance with in the set- back based on the determination of the nronertv line, I will then request a second opinion for a survey to be done by another Survev Co. and ask the Planning commission to reschedule this meeting. Respectfully, �� �� � Suzann P ' l� e nde MAILING ADDRESS PO BOX 2688 46-040 Burroweed Lane P.D,CA. 92261 Palm Desert, Ca. 92260 760-668-5444 3S' .�� ,��,_.�,_,�:_._'-,.�:�,�, � ..�. �#�rr,=.•r-. 1.,. _. t ��_. .� ..r _ .=l� �l • . � _� � �'�� P��TY Li �! � SU � �`� �- SUR�i.E y FOR Tf/� G ocAT/O.�V OF���4oP.E�QTy ,���/� `� BE TlNEEN ,C 075 /ANo ,� dF TRACT�(/D �8 6 2 � �'� /J�l.B. 6/�/� ��6 "C/TY oF PA,�� DES.ERT" � � y � J � /RONt�t/Oo0 STRE�T � ' Fd� .v-89���'3s"E � B.�D. �9'tit. -, - Fdz !c� � _ ,� �" 9i7. �i'M _� • � � e`- 830. 5G/,2 ..-s � � 9/7. �8'.P. " _ _ � '� o �` Q = 89°3o 'Z3" � ►�I ( t� LJ� = 9 D° Fd? � Q � � FD UNO 3�,f /.P. Q � 31 � NO TAG � , � Q � � �� _ y�-oa.o y, � W /�O�PTf/F,4 c'E DF�1�/,95oiVR y �i(/,�I G� �� � Fd, i L NOO' .,�5'�OD"E Foun�o � /.,q � 0 '�Q/ TA 4��D,C.S. 79 3a , j � � �' zs� �. o T -- y i�'a'�° iV0 T TO SCAL�E /• C sr�,B.c i s,�,��a TH� c�NTiPL/N� o�/RONl�!/oo,o STR.EE T BETl�V�EN TGVO Fd UNO ��,�"/,,�? s�yol•VN ON pA,C.M !J�5�R T !/�l!/�"/�!Q 7 ANO TRAG"T NO ,98 6 2 .2. ESTABL /Sf�,EO Ti�lE C�'iVTE�PL.//V,C�'OF F.3C/R�pO /Nt�'E'/J L �7�t/E' B y PRaPO�T/oiVA,� 0�5P'�NC� 7; R/f/,O TURN.EO RECo,pp ANG,� .E' -� h'o�'S/.Et�ER /�T/E Gt/E�4',E UN.9BL,E TO Fl�t/D R�ECOP, O�D it�loNUM,ENTs v�/ BC�RRO yc%E�'p ,�,,q,�,�- Td SUBST"�NT/FIT.E TH� ,L 4CAT/ON OF �"H�' �.�T�.�NE �iv Q u,ESTio�v. 5�. THE G'oMP,G�f�D SU�G'EY /it/O/CAT,� S THE ,C. O T ,G !�/,E' �ETGt/E,EN .0 OTS /r?NO z ON TR�!G'T/L/O ,�8�2 !S AT�O�V TiHE NoR r� ,��c.E aF T�.E .EXlST/�� MASONf?y vV�l,�L , � ��•� ,���;i� �� � ' ¢ � "'/y� �� .� �,���V`��f'��f�\�''� I L��`"..,if' \ �•'-..�: ' r���� /`-J-.���'�� � k :�ir 3 z �n.._ r �f?. ��� ; �•�o, ��hil � °�: F�rcH .En�Gini�,ERs i�vc. ;� �_ �,XP. 3/�' d9 - ` ;�:� P.O_BdX �35 PA�N!Jr ES�Ek ` - '`• ��' Cf1. 9��6/.'760-35�5-7667 � - ,. _ . . ��5� . . � . - 1VIs. Suzanne Pride May 8, 2008 Page two As I stated earlier, the City will drop the need for a survey and Planning Commission appearance if you withdraw your complaint. If not, the Toia's are committed to the costs associated with the pursuit of this matter to their successful conclusion. The City has already indicated a willingness to grant the set-back variance based on the results of the property line determination. Going through this delaying and costly process will not serve any of the concerned parties in a positive and productive manner. I urge you to reconsider the withdrawal of your complaint so that this matter can be amicably resolved. If this matter is not amicably resolved the Toia's have assured me they will pursue all of t�w}r.1Pb3.1-�£mpr�lr'S. F�-�'�e-t9�£�#;�-?.f'.�-�4.�.�j�13T-�8:'�:��-v�,^:.,..`�:E��'�i L'�.:,u�;ii�j 8'u';��Ti�t u�u------- ---- - position on this matter. Very truly yours, ROBERT W. STEWART, JR. A Law�C�o orat� R . Stewart, Jr., Member RWS/dmh 35� . , . � � August 22, 2008 CiTy of Palm Desert City Surveyor 73-510 Fred Warning Dr. Palm Desert, Ca. 92260 R. Page Garner, LS; Senior Engineer/City Surveyor Palm Desert; Regarding; Property Line Survey for property wall in question: 46-020---46-040 Burroweed Lane, Palm Desert, Ca. 92260. Dear Mr. Garner, Thank you for meeting with me and Kevin Swartz,Assistant Planner yesterday in regards to the 1 St and 2"d Survey submitted by the Fitch Engineering Co. After hearing Kevin Swartz yesterday, once again co�rm the Fitch Engineering Co. has been known to be unethical in the past and you informing me that the difference between the 1 St Survey and the 2°d Survey is '/z inch, I am requesting that No Recorded Monuments be put in place by the City of Palm Desert or the Fitch Engineering Co., until a second Survey opinion is completed. Mr. Tioa has failed to comply with Title 8 Chapter 8.70 & 8.70.150 of the Code, by failing to maintain the structure of{ Golf Cart Barn& Work Shop} in reasonable consistency and compatibility with the maintenance standards of adjacent properties so as to interfere with the reasonable enjoyment of my property and to depreciate the aesthetic value of my property . I feel I have every right to protect the value of my property with a second Survey opinion of the property line in question. Respectfully, f '; Suzanne Pride " '` �n "�� a�—�'� 46-040 Burroweed Lane Palm Desert, Ca. 92260 *MAILING ADDRESS* PO Box 2688 Palm Desert, Ca. 92261 760-668-5444 35�10 ��' ^�'�,'r.s� _ - 3��,"� -p ._ .. . . .. �- � '� � . _ � . � . . . . . ��� � � � � � � . ; ..,. �: � � _� - ' : �; ; � � _ - � _ � s� _ ��� J ��� - _ ��; _,� - = _ � � _ _ '�- _ �� �'� = � Vie��� from Bathroom Windo�� Slider 46-040 Burroweed Lane Golf Cart Barn and Work Shop (HIGH VOLTAGEs Po��rer tools are extremelv close to bathroom. Noise from Work Shop, invasion �f Privac_y a�so the aesthetic of this structure depreciated the ��alue cf my property �ec�ived at planning Commission meeting Date•04 aa o8 Case No V�� OS-a6/ FfOtti7L Su-2ctnno �ri[(�L 35`1 January 17,2008 Ms. Lauri Aylaian - Director of Community Development Mr. Russell Grance - Director of Buiiding and Safety Mr.Wendell Ortiz - Building Inspector II Citv of Palm Desert 73-510 Fred Waring Drive Palm Desert, Ca.92260. Re: Investigation# 07-12-QQ8 Cart Barn loeated at 46Q20► Burroweed Lane. Hello, Late in 2005 we began to explore the potential to rep�ace this structure with something more esthetically pleasing. We began diseussions with the city departments and in the review of our sketches we were advised of the four foot set back requirements. To decrease t6e width of the proposed structure bv four feet was not viable. Respectfully, Michael J. Toia 4602Q Burroweed Lane Palm Desert, Ca. 92260 (760)341-4412 �- �` �� � ��� � w�� � � 3 �3 _ � -� - -. � . .. ��r �._��'=Y-- -- - -y __ -. , -- - --'_'-- - - - -- - - �- ---- -�-- --�- __ �_ __�-�" ___ �.:-�,_ -- _ _. �� �.: _ . _ � �.-- ._ '�>. r�- _�_ .�._ _, _ . . �`_ ., .. ��i` _ _ , ., _-'-- i_ t=�.;`; .._�„ .s� _ _ `_',.k.. ii.��b.Ji.i:Gii.,L>I+. � r� :_..,-?li_�.r. _` _ '�:�! _ ._x`.;�1_�4.�: 1 r �'i�i . .z i={t _ r,`���:��ti-� i.-•�'..�.'��. It was at this point that the city permit specialist attempted to help us creatively solve this dilemma. He suggested we design and take out a permit to build a watl from our garage to the common wall. He said that walls were not subject to the same setback requirements and went on to explain that the wall could have a gate or door in it and that this door could even be big enough to...,."drive a golf cart thru". There exists a sketch in the employees hand writing which depicts this design. (Piease refer#o the enclvsed E�ibit "$-1".) We thought this was marvelous progress and appreciated his input. We further went on to address the e�sting aluminum awning and its esthetic and security shortcomings. It was at this point in time that he made a comment to the effect.. ,once we {i.e. the city inspector)perfortn the fmal sign of�on the permit., what you do behind the wall is your business. Since we already knew the neighbor was on board with the improvement it appeared we had a workable sotution. ��St��utrU3 iv, ; �1��2a�� "z�. 6 �f_t Tt7!J�'��2 21Thy.'.��iVj�i�S�.v*�L L:�.'t3L'a� ��.'1_ �rj�z�- -,_..`�-�. ��..r>�4J t`l�t�'s' =,s i a�.�,i� �—�_ � � � �� ����� `�,.�s .v... ? �. ,J r�T _ ..... ___�_. _ _.__-- -- -- _ __ _ - - - - _ -- - - _ . , . .�.�. .. . ._ . 3_ '_:.: _ ..; ..W w_' ,. '� , .- � � . .. ,.._ �� ' � ... . � . �.� � o � _ ,� a ° � -- =� � � tV �' -- a/ � s � � � V • � w d� � r�� � � � ,� V �, _; , � """ _ f"" {.n _ _ -- _. �-- -- _ _ _ ,—_ ? L _ .___��_-- ------— —--- . ___....._ _ _ ._ _ ..:_,_ . _ .:: �w � - -`--..______: -. �'I;: � -�3 � rA - S O � 0� _ . � 00 � - � _ `'. 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' sau�^: �hz vt;7c,dr 7 �.Nui F,r�ct mI�J:YJ or��e:f�t ?Enu -c ANG CiYil FItiES U?i0 ONf NUM1DAED T`rG;hiA4D C^�AARS i3t00 JJG tN AD6�rpN TO THE G03T Gf C�UF 4a1��'= ::e �c.' � _.::^ess..�� .;.�..:5.� ;_.A.2c�_"s S�ic lx �..!=w irs r!a�'i7 at �:�f e�".y w:�C b�t�75 Cr¢�m2s GkFA?aitS AS Ff�,�f C�e�7 FOF IK:ECT.`•(,tiN 3T�CF THE LAEOR CCDE.IN�ekEaT Ata ATTO�NEY5 f t'39�� v� "'� - a^ ��....._: «.n T�;r� .;�„u�n�s a .-ew cr�,^;� _,;�cr��'^ai acn;,:��s Ja;r�M1c�or ori�rz�ur�ah.H, CC45;�i1CTi0N LEhf�hti AGElr�Y t h2reby a���m•rder oaiaM a oerF:ry 1�at C�2re is a�n�:n�e�. r.. wr�^a•�e�-ax2..-x, �.:•.?....„�, .4c.^c�,.�5,:.,W,.:?„^�.'Ycd��.?C"`,n'�i£'�?��.'`�„�.!F`„-il�:�8�M:I:2tiE?'�°bL�., .�,y:5^."._i`2;112 Or ShE(Bd f�i CL�0! i WhKh C:IS�fll�l:IS ISSiifd 1$E:.;�7.LN.L".). _ � z e . :Fr..s�;�s��3� Lafi_rS:ea�: ,. _cr e�i_ c� . ..�...,, ' � '. ,. �.. .., ._....�_r.x� s,F r:_:,� ,a . ' .r_z�,,�._i,:,�, ,�,h-�a�r.�a a��:.�3�ia��r�;;u,��j�cts v�r a L,^s�r�fi�a��: ..:5��--��..„"v�.i "ta We_:. "k. . . �� n ra�i hava��x�t�s a�,l,�a,n an���e t^ai:a abere c!er.naibn s;�z�,^t I agr�e to c�rr:�y,Mm a ry acd ^�:� � �.e� .,,i a:-w _-�-_, . .- _s _.. . . ._ ��^�ie��n;c»s'�Gor,and"ar�;au�hc�ie r�zs2r'��es c!mis ciry��ter pm me�re-mcn[bn�i pro��.:�ar,r�,p�c,..:n�.:;as�s � --�_ _ -------�S` � ��r��,��: � i ...��f r• '� ��--" ' `. ` -.- 1y a,Y- � �� � ��� s. _- ... 4 ,,:Epib,'}. c't if�;,� ui,=. — �-�_ � 7 F AS BUI� T EXERCI PRo� �� 08-000�5333 `�%25/08 ��,v2U b�1�RG�1�ED .�N •z _ A^a�ES��4ij�EL(y'6��_��.j CEN.TRACI'NO. _`� `��;�D/FL�ER R�5ID�,IvTIA�+ {CONTRACTGR} � l.l 1 � I �+..`__ — � �AAC:NAME -���; i�II CH1�E L `i }� -- , - �'3862-00—(�`�V�. �zor.E .�r;�2U tiC71�ROW�r;i:i L1V - _ L.�:��� � YtiVN� _ r�i,i� U����� ."„` �p� g�26� , ( 760) 341-4412 PERMIT SUMMARY -- -�_������C-F+ii�Er.�-- *BUZLDING PERMIT 237 . 10_ �°���� *ELECTRICAL PERM • Q� ,-��, - — *MECH�iNICAL PERM . 00 � — ------- �-_-- -;��`_= ' ?-J`� *PLUMBING PERMIT . OU --.�_, ---- �_�,� ___� �t��=�-,�„ �c�THER FEES 74 . ?5 ;N i T-�� ----- ��: - -- - �:_>.� + �� ,,-,r;`""�,,`�:i'i:� ---- � ti � ��1 . __ _- ____ _._..____.._ ____ -- ��ECIAL NCTES ANU Ct�MMENTS -- .�. uarag� c�riversic�n �exercise z�oomf bath} �,or�structed wythou� , permit & requir�d `� �.� � �;�� (�-.� � �.nsp�ct���ns . �ield inspections may ��-.�,�„��,y�:.�.,�..,,� re�ulr? c�es�ructiv� sampling , to verify as-buii� cor.�i�tions _r��ee�. mir,lmum 2G07 f�alif�r��ia Model Co��s zn eftect , ,� /,� ���°3 ':'�._..._ ._ ;--- � ���._-- � �� � ,�'_ � , �. --.�_. ; � _ w �.� y '` :;��:,;,� (�ra {a1f _ ��' :`��., � Date: 8/�/�8 Y� kac�ipt na: 2433 ` iotal #e�red t311.85 <`a"``���'� TOtil pi�iilflt �311.$5 �,, 3�� ' City ot 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), E1-- .T- �i�I� being duly sworn depose and dedare to the best of knowledge that the (my/our) -� foregoing is true and c,��ectupf�r the penalty of perjury� "r � ��.�� �`"�`" '�� ���� EXECUTED AT: P�1I� ��S E�T GI�t u� - (CITY) (STATE) DATE: �V ZO �� (MONT (DAY) (YEAR) APPLICANT,OWNER AND/OR OWNER'S AUTHORIZED AGENT: M lC-N�E1.. S'--rQ i� (Print Name) (Signature ��D'Ii0 �QRj��..� L11�1�. (Mailing Address) P�c-� D��-r c� . q2.2�� (City,State and Zip) �Z(da� 3�-I -�I 2 (Area Code)Telephone Number 7 3 �9 - � October 2, 2008 N0Y 1 �4 26U8 City of Palm Desert 73-510 Fred Warning Dr. --.-.___._.__,._,.__�__.__---.;�, Palm Desert, Ca. 92260 �� Regarding: Den y f Variance # 08-261} Golf Barn & Workshop-46-020 Burroweed Lane, Palm Desert, Ca. 92260 Dear City Council Members, tLlr. Toia has lived on Burroweed Lane for 3 years, built 3 illegal structures and has the neighborhood appalled at his neighbor, Suzanne Pride, who has lived in here home for 10 years. Something is obvious wrong? I urge the City Council to look at the facts. It seems, Mr. Toia has displayed u disparateness to cover up his behavior, in which he feels the Law and Codes o,f Palm Desert does not apply to him. This summer we visited with Suzanne at her home, after seeing what the neighbor has illegal constructed we feel he has taken advantage of a single woman and has attempted to get away with as much as he possibly could to benefit his properry 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 di,�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 '�O City of Palm Desert 73-510 Fred Waring Dr. Palm Desert, Ca 92260 September 29, 2008 Re. : Deny Mr. Toia illegal structures (Var. 08-261 ) 46-020 Burroweed Ln. ,P.D. To City of Palm Dalm Desert, I have lived in Palm Desert for 32 years. We were local Builders , Arch. , and developers"Branko Lepan and Assoc. ". We have build 28 apartments unit on Hwy 74 "Desert Atrium Apartments" now "Atrium Villas", and several homes including our on Bursera Way. Susan Pride was our friend and the best tenant. When she bought her house on Burroweed Ln. , we witnessed every day how much money she invested and hard work to improve her front and back yard. We couldn't believe how her neighbor could built illegal structures without City permit. Please deny his request, which devalue her property. Sincerely, . ) L - � � � �y_"� Rose�epan 74-310 Magnesia Falls Palm Desert, Ca 92260 ��� September 30, 2008 City of Palm Desert 73-510 Fred Waring Dr. Palm Desert, Ca. 92260 Regarding: Deny {Variance#08-261}Non-Permitted Golf Cart Barn and Work Shop, 46-020 Burroweed Lane,Palm Desert,Ca. Dear City Council Members, I have lived in the Desert for many years and 1 am local Pharmacist. My family has known Suzatuie 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. lt is quite apparent her neighbor had no concern for the view from her property or for how his Ille�al structurc w-0uld devalue-her pro�ertv. 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. �te ly, - �n �� David Goldberg 38721 Desert Mirage Dr. Palm Desert. Ca. 92260 38a 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. Tola, the neighbor has demonsirated a disregard for the Law and Codes of Palm Desert and an obvious disregard for neighborly conduct. I 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 baifiroom is unsightly. The noise in the bathroom from the work shop is appalling. 1 wou/d 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 wi/I 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. Since ely, � , Pat Mitchell 38 Lucerne Dr. . Palm Desert. Ca. 92260 38� October 2, 2008 Ciry 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[ived 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 [ook his disregard for the Legal permitting process,far not 1 structure but 3 ille�al structures!! We must not encourage or reward this arrogant display of a neighbor who would take advantage oJ'a single woman and then turn kis illegal acts in to being the one in the neighborhnod who is being applauded for his effort?? I urge the City Council to carefully consider the[egal objections and deny the request for this uarianc� Respectfully, �, �� r,� Debbie Wheelock ��� a__: _� 4 �a Dulcinea � �� '� Palm Desert, Ca. 92260 `�-'+ �"`-';- ' � �- J r la:;i a.;�,T.�__ ..� � U- _ !�. _ .� �- ��� :>�." � ' ._. .• `..'�? w ''.c� �n r-,. �o � 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, �i��"�r�d"'L �z:�/ Dominic Posillico 1 Cambridge Ct. Rancho Mirage 92270 ��5� 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 Miraqe 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 Suzaiuie Pride for many years and have been to her lovely home for several back yard luncheons in the past years. It is obvious; her neighbor,Mr. Toia has displayed bad faith in his dealings with the City,by failing and refusing to abide by the required protocol, for 3 non-permitted Structures. The view from the batlu�oom 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 �3� 7 . .: �,' . : October 2 2008 City of Palm Desert 73-510 Fred Waring Dr. Palm Desert, Ca. 92260 Re: Deny Variance#08-261�46-020 BuRoweed Lane Palm Dese�t 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 famity for many years to her wonderful luncheons at her home. We were surprised to see the unsightly structure her neighbor has built, and to find out the neighbor has misrepresented him self to the City and neighborhood, is unacceptable and certainly reveals a lack of illegal responsibility to the City and the neighborhood. As the only neighbor affected by the illegal structure, the City Council should directly considered the private property rights of the Pride Family. Sincerely, � , � �J�-�. � Gaddy & Hank StofFers 3 Jennifer Court Rancho Mirage 92270 ��8 PL���TI���'� �I:��• 4'�I����E �t�i� '�`t�'�����2:�i���;� _ ^ Gf}IYF �`��� S��i� and �'VC�i210 SFi�J►P �.�.�,.� � � � �� • �6-020 BI.rRROWE�:i) LatiF PALM I)CSERT, C�. 92260 ' i�r;.�u � �t � ��:. �,: � ; x :z, .' J � � k��+ . � . �v . . e kY �'- � E .�'v .++# u � � ^ {��+ � �' �. ;� 8 d,�,�'!$.,P� �� .�4'�F � � .. . ' .. � �... "#y �� � �t -0 �. �i � � �� � � + t � . y �t .. .. �� . � �:- � ��' T(): PAL:VI DESERT PLANti1NG COM'�1ISSI<)'� We are local residents of the 1)esert Valle�, requesting the Palm Desert Plannin� t'orr�mission to Enforce: C011E LAVV` {25.18.070-C} for the set back of 5 feet and �:�6?,_��' the approval for a variance, ip which the owner has multiple violations of both public law and private property ri�hts ���� il�e��►��trc��4E��es �►� t�is i�cldr�sy� ���C�N. 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P ,,��E x � � � � � ���~ IIII � L �, � �k + � �.�� ������ �. "T(): PAL�1 DESERT PLA�N(NG COMM1��10'V 1��e are local residents of the Desert Valle��, reyuestin� the Palm Oesert Plannin� ('ommission to Enforce: CODE LAW {25.18.070-C} for the set back of� feet and ����.����_the a}�pr�oval for a ti°ariance, in v+�hich the owner has rt�ultiple �iolations of both public law and nrivate prot�ert� rit�hts c¢� � ��ie���� :����u����-�.� �t this acic�►•�.�;a: �f(' ': P '�� �,�► '[F �I�UItF:�� . � -� � _ �`���'�.��- J� . _ .. _, _ _ �_-- - - --. _ .__ _ _.... .____.. 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S._. <�so� �€Sa ., �33€�.a . .�(�,.i4'1� F�� ��I�(�1� F:I•:�� [,:�'��I�; 1'��.'�I �}F�1{:��"��, � �. �)�}bt� � ��� ����,1� �)I:�;I�;iZ'� ['I_-��'��'��; t-'���I��t;�:�;��)� ��a��� ��r� �e�c���� ���ic�er�ta ff�'tl�� t�ese��t �'a�[te�, �-ec�c���t�ira� th� I'a�rra �)e�;e�-� �'l.�s��%a�g t_�s����rr�is�if�� ��c� �t��'ore�; �:'(JllF� �A��� ���.��.tf70-E�; l'oe- the ��t baek of:� t�eet ;�n�l ����� ��nthe ��g��•f���•��� f�a�� .� ���ar•i��r2ce� i� w�I�ic1s tl�e �ag�Tne�� t���s rnuititale tii�latiao. c1t' l���th�ublic 1���� :�a�cf �i��ate �r�l�ea�t�� ri„ht� ����_��������� ������.������ �� ����� a��������' ___....._ -�---- � ..�_ �� _ �q�.��_.��m. ___���.�...�. �l�:� �`�������: �'��!''�"t `� �"t���. �ti��1Z�{:��; 4%�'y� ����c.� �U -� ���r/�Z �i��- ��/�r�w r�r.-c�.-C�S �'2 � =LL._ '. '_ ,,.-+��� z �•. . __. ... . .... ._ . ' -- -. d . : � «��s �1C7_f=� C��_ ���� S��s _ � " � f � � . _ .; . �' ����f�-�; S f,.,�, `� � �- 3� � j-C�- ��% �� �� ._— _ �`'� ��7; November 14, 2008 - ,;� -�,, � _ ' _ � �3�JY 14 Z� City of Palm Desert 73-510 Fred Waring Dr. , ,;: .,.._._----_...____�_„__ _�._T Pa1m Desert, Ca. 92260 � ' � Planning Commission; Regarding {Variance# 08-261} Dear Sonia Campbell, I want to thank you for your vote of"no"to Mr. Toia's request for variance#08-261. You have reassured me,the obligation of the City Staff is to protect the residents of Palm Desert. This issue is unfortunate. I look forward to it coming to a close, as it has gone on for a long time so we all may take the time to heal. Thank you, for your support. Respectfully, --___� �"..�/ Suzanne Pride PO Box 2688 Palm Desert, Ca. 92260 � ,�%�`� November 14, 2008 - . .- - -- . _ � . � �pv � 4 2�06 ,____._.---�_ . -;--�� �,��;� � . � _ �. � ,, .��. 5U�•'.�, City of Palm Desert � 73-510 Fred Waring Dr. Palm Desert, Ca. 92260 Planning Commission; Regarding {Variance # 08-261} Dear Connor Limont, I want to thank you for your vote of"no"to Mr. Toia's request for variance #08-261. You have reassured me,the obligation of the City Staff is to protect the residents of Palm Desert. This issue is unfortunate. I look forwazd to it coming to a close, as it has gone on for a long time so we all may take the time to heal. Thank you, for your support. Respectfully, , Stazanne Pride PO Box 2688 Palm Desert, Ca. 92260 J /� September 14, 2009 City of Palm Desert 73-510 Fred Waring Dr. `==�' �alm Desert, Ca. 92260 "' : Mayor, Jean Benson; 'y� City Council Members ---- �:�' -;� ��, _,:;.«:. Regarding: Variance 08-261 " : � . _.,,m ;, Honorable Mayor and City Council Members: ... `"'� ;;�_. ..._ -�, �=�, There is only one issue to discuss here; Mr. Toia has built 3 illegal structures on his property and one of the structures is draining on to my property and damaging it. I most urgently ask the City Council to uphold the action of the Pa1m Desert Planning Commission denying this request for a variance from the City Codes. By the time of the Planning Commission hearing on this matter I was too distraught to attend the meeting and did not make any request of them. However, in reading the minutes it's clear that the Commission has spent considerable time evaluating the issues central to this case,namely: (1)the illegality of the unpermitted structures that prompted the request for variance and the precedent and hazard this example sets, (2)the failure of this request to meet the legal requirements for granting variances; and(3)the hardship and harm that will be imposed on me and my property by granting this variance from the codes. I alone will be the one who will be negatively impacted if the special exemption from the codes is granted. Real Estate attorney's practiced in California Planning Law and after examining the Palm Desert Planning Code and this case have told me that they do not see how any of the requires findings could be made to allow this variance to go forward. Certainly your Planning Commission did not believe the variance request valid. I would urge the City Council to review this appeal by analyzing its ability to meet each of the required findings for granting a variance. This request has come about as a result of illegal and unpermitted activity and not from exceptional circumstances. The City will be granting a"special privilege as well as "material injury"to my property. Please uphold the action of your Planning Commission and deny this appeal of their decision. Thank—you far your consideration, . �Gt� -�l�l��" ����--� Suzanne Pride � 46-040 Burroweed Lane Palm Desert, Ca 92260 760-668-5444 September 14, 2009 City of Palm Desert 73-510 Fred Waring Dr. Palm Desert, Ca. 92260 Mayor, Jean Benson; City Council Members Regarding: Illegal structure 46-020 Burroweed Lane Ca. 92260 draining on to property of 46-040 Burroweed Lane Ca. 92260 property damage. Honorable Mayor and City Council Members: For one year now the City of Palm Desert, as Commissioner Schmidt states in the minutes of Planning Commission Meeting on 11-18-08 page 11 paragraph 3, " Staff has bent over backwards to try and accommodate Mr. Toia who has built 3 illegal structures on his property", one of which in drainin� on to mv pronerty and damagin� mv nroperty. I am enclosing several pictures showing damage to my property. My question to the City Council, "Is the City of Palm Desert going to be responsible for the damage to my property? Regardless of the denial or approval of variance# 08-261,who is going to be responsible for the damage of my property? Respectfully, t - , �� `�/� ' - .�J..% �� Suzanne Pride 46-040 Burroweed Lane Palm Desert, Ca. 92260 760-668- 5444 Mailing Address: PO Box 2688 Palm Desert, Ca. 92661 4 y , '�i�s� q =. I � J/'-{ ", �� ����yy 1 �� t� �� �� January 17, 2009 Robert A. Spiegel, Mayor of Palm Desert 73-510 Fred Waring Drive Palm Desert, Ca. 92260 Dear Mayor Spiegel, I am writing to you in reference to several documents that I received in my Posted Agenda packet from the city staff for the January 22°d City Council meeting. These documents were sent by my next door neighbor Suzanne Pride and were addressed to "Mayor Jean Benson and were dated September 14, 2009." Obviously she intended them for you and accidentally got the date wrong. In her letter she explains her absence from the November 22°d Planning Commission meeting as she "......was too distraught to attend the meeting..."This statement could not be farther from the truth. As you are uniquely aware Mayor Spiegel, I conta.cted Kevin Swartz, Laurie Aylaian and you personally on this subject of attendance on November 21 St. I explained we had reached a signed agreement with our neighbor and needed direction from the city as to its bearing on the meeting set for the following day. All three of you advised that the achievement of this agreement meant that support speakers for both parties should be cancelled. I then called you back personally because my neighbor Ms.Pride questioned her need to appear as we had resolved all issues in writing. You advised me that only my attendance would be necessary. I forwarded this information to Ms.Pride and she was pleased that the matter was resolved and would not require her attendance. I also agreed to call her from my cell phone after the meeting was over and the matter was finally resolved. I made this ca11 to her, but as you are aware the Planning Commission would not honor the agreement or direction of the City Council. I believe my cell phone records will substantiate this call was made to her cell phone. During my call to Ms.Pride I advised her of the negative outcome in the meeting. At this point Ms. Pride agreed that we would call the city the next morning in a united position toward upholding the signed agreement. Unfortunately, over the next few days she decided the Commission had given her precisely the vote she wanted and instead she decided to withdraw her support and not stand by the agreement. In her second document addressed with the same date and title errors she makes claims of water damage occurring from drainage over the common wall. Again, this is not the truth. She also rhetorically threatens that the City of Palm Desert could ultimately be responsible for these damages. As you can see in the attached photos the cartbarn r originally had gutters running the entire length of the structure with a down spout draining out to our driveway. At the February 2008 Architectural Review hearing I was asked to remove the gutter and down spout that had been in place all this time. I complied immediately and we eventually received a unanimous vote of approval from the committee. There was no rain in Palm Desert from February to the beginning of the fall season. In the October time frame and with the rainy season approaching I decided I should proactively implement temporary measures to ensure nothing would drain over the wall. I called and discussed the implementation with Kevin Swartz and he agreed it was a good idea in the absence of the gutter which we were instructed to remove and until a resolution and determination was given by the city regarding our cart barn. I made very sure this design would only drain on to our side of the wall and at the very first onset of rain I took the enclosed pictures to demonstrate just this point. For the past three years there existed either gutters or the temporary drainage system described above. Never has water drained over the common wall. Ms. Pride's photos manipulate the viewer to believe a conclusion that is just not true. Many portions of the outside perimeter of her home are in need of maintenance and most specifically at and around the ground level where blistering is occurring in the stucco. She is spinning a very clever deception. I believe it is important to expose this ongoing deceitful behavior on the part of Ms. Pride. She will not hesitate to throw out allegations without regard for accuracy or truth. She clearly has succeeded at portraying herself as the brow beaten, coerced, underdog to the Planning Commissioners and now she would like to do the same with the Council. I can assure you that if you and the other Council Members were to consult with you own city employees, those who have dealt with this tragedy over the past year(Laurie Aylaian, Kevin Swartz and Russell Grance and Page Garner), you would find and conclude without a doubt what really has transpired and who is the aggressor. My wife and I remain guardedly optimistic that you and the other Council Members will see through this barrage of deception and manipulation. We maintain our faith that the Council will judge our variance request based on the specific and objective criteria listed in the municipal variance code. Sincerely, �° �-�'�i��'L�l.� ��--�"�.'� �-�,�= �---� Michael J. Toia Cc: Cindy Finerty, Mayor Pro-Tempore Jean M. Benson, Councilmember Jim Ferguson, Councilman Richard S. Kelly, Councilman David J. Erwin, City Attorney Russell Grance, Director of Building& Safety Lauri Aylaian, Director of Community Development Kevin Swartz, Assistant Planner .. � _ January 22, 2008 Mayor, Robert Spiegel � �� 4 ��=f-I(;� City of Palm Desert � �� ' ` �'``�� ° ' ���'' � 73-510 Fred Waring Dr. '�Fl�� ���;� �� ��a ��. �� Palm Desert, Ca. 92260 Regarding: Case No.Var OS-261 Letter from Mr. Toia 5-22-08 to City of Palm Desert with reference to Mr. Richard Kelly Dear Honorable Mayor Spiegel, Yesterday I received from the City of Palm Desert a package with some 400 pages of case No. Var.80-261. I found a letter to Mr. Swartz from Mr. Toia dated 5-22-08, in which City Councilman Richard Kelly's name was reference at the bottom of the page. I have never seen this letter before yesterday. {Referenced letter; submitted with this letter} Mr. Kelly and his wife Mary Helen attended the Pla.nning Commission Meeting on September 2, 2008 9-2-08- Planning Commission Minutes; page 17,paragraph 1: Mr. Kellv states: "There must be a misunderstanding and when a person pays the price there ought to be some way to come to a conclusion that was pleasing to the whole neighbor and some thing that was fair" 9-2-08-Planning Commission Minutes; page 17,paragraph 3: Mary Helen Kellv states: "She was there to speak in favor of doing whatever they could do to help Mr. Toia". Mrs. Kelly submitted a letter to the City 1-10-08,with false statements and applauding Mr. Toia for his efforts, as is on record 11-18-08- Planning Commission Minutes; page 11,paragraph 3: Commissioner Schmidt states: The City staff had bent over backwards to try and accommodate Mr. Toia who has built somethin�ille�allv. "The fact is that Mr. Toia broke the ordinances of the Citv,which in essence is breaking the Law. Mayor Spiegel, for the record I must state,this case has been unlawfully influenced by City Councilman Richard Kelly and his wife Mary Helen Kelly. As you know, Mr. & Mrs. Kelly live in the neighborhood in which this case is taking place. To find a letter from Mr. Toia dated 5-22-08 with a reference to Mr. Kelly reveals that there has been on going communieation between Mr. Toia to Mr. Kelly tl�rough out this case. 1-22-09 Staff report page 9 of 9 CONCLUSION: last sentence; This will not set a precedent, because the Citv has issued permits after the fact for golf car sheds that were built within the setback. C1nce again the staff is bendin�over backwards to accommodate Mr. Tioa.who has broken the Law. 1 . � City of Palm Desert, January 22, 2008 Mayor, Spie�el This is an extremely serious matter in the out come of this case. I do not feel the City of Palm Desert City Council can objectivity and lawfully vote on this case. Respectfully, , � � �� �Z� � Suzanne Pride 46-040 Burroweed Lane Palm Desert, Ca. 92260 Mailing address: PO Box 2688 Palm Desert, Ca. 92261 2 P „R M '", ' ..�"iuer'��.�'� Mr. Ke�c�in �wartz Planuer Community De��elopment �it�� of Paim I3esert ?3-510 Ft-ed �'aring I3rive Palm 33es�rt, �Ca. ��26� ��aa�'�Ire 5s�=�r�z> � °a��ou�d �ike �o �apdate vou regarding the iss�es addressed in my eztension request ��tt��t� a•�a� dated �-1-�� {Attachment 1), �2�t�ea-t�aa� tra file ti�e c�mp�aia�ts o�a 5-1-08 as indicated in my above refea-enced 3��e�, c�u� att�ormmey, ll�ir. I2a�ert�. St�wart,Jr. instead contacted IVIs. Pride in a 1e��a-c��te� �-8-fl8 (Attac�ment 2), �n this letter he attempted once again t� remedy ��� 3ss��s i� a� arnicabieg cc�st e�'fective a�nd expedient manner. �`�-e enciosee� a ct��y of��s. Prides response to IVIr. S#ewart dated 5-21-48 ���-t��hment 3) �s ��clt th�e lette�-she has referenced as being previousiy sent tt� Mr. �avid �". �rwin and tl�e Palnn �esert �lanning Dept. on 3-21-08 {Attach�ent 4). �3�vaaus�y, ?'vls. �ride ic no# interesied in�i�it�clrawing her complaint. i atn also ea����sir�g a �ett�r�;��-itten �v ��s, 1'ride,���hicb was sent much earlier ta the same ��i�3�bors ti�at �ad orfg3nal��- ��gned ��ar �,etition in favor of t�e aesthetics of the cart �ar� {�,ttacl�me�# 5�. I'a� some���at �onF�sed with tl�e f�vo comments sl�e makes in -���s ��tt��° � " red c��-cled "' } �s t3�e�� b�t� cl�arl�� �nr�ieate s�e anl�r�vants to make ���s>ao.,.<.< "�1���ai �tructur�,,,A,..�,e���'�a . �aset� o� ihe f�regoing deti-e3opme�ts, I ���n fo iz�mediately Iodge complaints ��eg��-d'a�g the twa previt�us�y adt�re�s�t� code��ioiations an Ms. Pride's property. �€3ditic�nal�y, � �all contrac��� �rav�o�aa°lot surv�yed in order to establish the e��c� �re�psrtt;g� lin�e s+� �s tc� determi�se th� �=recise ref�rence point from� ���ich to be ���r�#ea� ��� s�t-�ac���ariance t�a��ac �re�°i�usly disc�sse+de � �a,�iil �ant�x�u� �� �:ee��'�u abreast t��deve�€�pmengs as they occ�rm �e���-�s, A y i' �C�..-� � � � ?41ic�hae3�. 'I`�ia � cc, NIs. L�u�-i .��laia� � IYIr. �avid z�m �r�-i�a :VIr. R�ssell �rance �Ir. ��bert �,�V. 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I �� � �, a x $ p3 ` . �. 3.��. -': �! yd�� � � � . �� �_���� ♦ � { � �: � .�- � ; f:�: pY�s 1, '�``�A . - � � �� ��: , ����': t � a � 5 � 7 �..' '� ..- . � . ay y I . � � j . . 1 � � � , • ' ��.. �� t., � � 1 ��. � "�. ��. ' r; .�� . . r " - � i � . ._ �'��k"i� . . . . � t ,fi.wa� � �� , . ��{ � { � �'`fi �° _ � � � . v{} 1 Y�ct� �� � # j�l . �J . � �F. � �:45 �1nf y� S a� � . �L" �,�r t� f rk � '�``}y � . . $��'{� L}� . .., Y,,,�'S"^y�'.S'i.:��i$ Y-... .. ... . . � '�P�� � � �� z � " _� 4 j� �g/"�Ap. �y� � �...w"'.�.�..._......,�* .< . � G 4� `� ),•;q��f&�,. � ``.� �� � }T� _ ,G ' "*'�M xL� __.�'.".r.-. %a,�t. �,�A.'y+ � (� ...� ,,.�. ��� � +if-'�7r�Tn' ".� . � � �` � a s . t9" SF..�'-r&'' � f i i.. .,A � �. � h� � � . �: ��� A-1 . The pre-existing � �� 1 ' -� ,��'' carport was more _ __ _.. ,�� ' :�'{ :� ,: f than 25 years old. It �r � � � ��,�; > '" s - consisted of a nine ��' �;� �. , ,� � .; foot wooden gate , �����- . � with an aluminum � - � �'� x roof structure that ,`" �'`� � � r _ extended from the � � `� � ; ;"� � �- ��- 4 � ` � � garage to the ,; , ; common wall. „��5� �_; e,an. .,:� yz r.� ., `:� ,.n� :,a�a .�. 'i-z.,r ��-=:c . . ! �.� . - '� � � The gate was very T , ,L . � , 3 ,. � heavy and difficult ' to open and close. _ � �„ , ,- ����, � _ _ � �s: �I � � � , . �. y� , '+1��.�4 . � � . . � �`� � > ��� - ��4{ 4 Rf. � �,.. � �� �� `"a1 { ' � .. � �� � , �; �� ' .,� , � 3 � :� �� � It was quite an eye � sore, was subject to -- the elements and "`�`"" :'�� ` 4 ���'� posed a security/ � t � � ' .�.' r � .�':�""� � vandelism issue. ' ;.�d �+~ • ` , � o ��� �� .,. XS'1'yIESi . .��� _ ��". � M j . 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N �:w� \� ��u :C' �' . „� }� :.. +Fr�' `p �.l V�^ ''�^ C�,, <4Y �a�i`.. �l �.rN �°ist ''�.,c°,�S -. �E`Y �� . .. � �.� ���.�`a�k^r����x � ��� �'' ' . . �'� .� "' �t� .�3.�aA ss�a#,�.�,� s �- !, ..�.� . r'^; 8'� ' Y�:e�+`��„� �'D £Y .� ��,s� � .,!''� "k y q�*'} �'� � '� '.�r � � i"! J # � , . e� A�t�' , a ; r���� � � �,. , e? �: aN� 3 .., syt._ � w �� re .: . . . . . � '�'��° �' w,.� . � . - � ..s..,,� �, , ..,., . . .._ _.....__ . . . . , , ._ _ '���^'4 . ���,..�`4 � s4 �„' c' � � � *�� ��. r: � � � �� � � v� � r �--`�� � � ��.'�� . � 'A � -i � an ? m-.-, � ]�[ � ,. . . � � �k5 :`. (^� T 7'-:', �� R . . . . , .{�+ i �1 `T t � ^ . : ��g _ 1 `� „ ti F� ,! � � �" ��� . � � � � � � '_ : ,b,.—: ��rx '�'' � ��%/ '� ['�'; �, -. ; = r �- ��� x, � � 5 � �� �, t,� � � �� i �•: - --(4 This is our golf Cart " ` �t � � . = Barn. Consistent � � ° ^, " ''"� � � ,�_. � �C A ��5�7�4� �� � with other homes „ _�� � ��_ � � and garages on our �� - ���� street, it is buiit ��-'T .y "` directly on the =' property line. g.;. � =.:, ��< �: ,� _ ' � � ,� �� �� ,: ` ~'� :; ,� . � � �` . � � �� ������ i — , # : •�_ �._� _ � � :;V �� S � . � . . . . . ._,. .< .. Z�. . , : .. . . . j}" Fl ' �.y 't`�'�_ . . . . . .A.:.. .- �� s�..�......� � , � i � —R . _. .. � . There still remains ' �`"' �� � ' more than a four [ „ �:` ° �: foot set-back from ,t. � � 'i the common wall to '= ` �� � I ' � ,1 � � � �_ �« �° the neighboring � .2 �: -���., ' I� � r. . � e :� � ��_ home. � � � �� ,�,�'� �,,��.x� .` ; �� � . k y .. �� t �� � +�i �a� � � � �, .�.. . ,�.:..-. , - � �� _ +,:p£ � si F�, : • ` .e4K - �� �_� � �hese 2 homes � � - � are located � �� � �� ` "� • s,�,,,,: 46190 & 46240 '� �-'- �����:�� � � � Y -� `� � Burroweed _-, = �~� :�:; �;,. = p� � Lane. The ` ` � �: � �_: :..�..y.:� ���, ��„ ; � '� � � . garage on the ��� � ��� ., �,�,��`�' ��� - �� � left is 6uilt on � � �' '� � �: � � ,. � the lot-line. �„�; �.��� h�,: ' �� _�r�,'`�;�"� ` � � ; ,, �:: The totai space � ` � 6etween the fi y Ka"f c �,.,� ,w � , .. . �� z ���M �� i i;, �7tructures is ��" �`�� � µ � �� �; approximately 4 � T' _ � - p s '�%. k :� ���'�, �n ' �� �� feet. Q� i � rt � `"A - �� �- !..'... ,,,�.y�. �' ,.7" �����>....; .�., � > "��'�,��' � __- � �d � q�� w i. � ,,:F�.tXFi-As^y . 3'u,f' 1 `4 .�11 A .. � .,� .,_, � . . . . � �:. _ A` ... ..�e... � vt : �`i.. ..._ . . . .,, _ �s'��.`Ft��"��r�. - � �� � `e...Y�c � � ,., ,�±!� h �` +' �; i ��� � .,; .. � _ _ _.. � s* ge���'3.�=� ;. #� . . PCY�� �rvW� t �.w k.x'�T��, `��° � "` �.�..� . "�� r . 1� .ks�. � .1.?�Ch'� � G� �L � dy h � � w }� ��£ �: ?� . '�'F .� ��;b'W �+ �� .�. a . h� Y.� � ;1 .�.'#j . . 4 ����.�Y^ t'r-�T � }t�} S �$ R � �� � � a��� � `iv f, Y 4S �'m1 k ;':" k . � . � e:i} . .._ x �k Qi�...� ��-.'e a� .. ,. -_ � �7 B- 2 . ��res� 2 homes � ; �� ;�� v are located at � ' � � - � � � � :� �� , �� u �=~�3� 46250 & 46280 ��;.�� ���� �`� _ � � �� e� � Burroweed. The g:�f ��� . garage on the -� �ss� . �;r� ����� left is built on ��„: �. F�� ���--�.; . :, ; �3��; the lot-line. � �"� ��� � ��,; �; .�� � �w- �s,=� � - e � � y_ �-��- � _ � �+ ������ � � .. �- � - The total space � ��,������ �� _ _., � _ , ; between the � 4k ¢ '� structures is ` �fi `"�- approximately 4 ��� � � � � � � �, r ,j� � , ,� j�� � � �� �,� � feet _ ' ����4;� `� . � x� .� : 3^ �^Y" .z$;= 3^A�� � x_•r- <, 3� .. �� Y'� � _�. . � f. ^�..£ �F5 � i,�s ' � '�.$d X� .'. . ,. �0.� �... �drNF.�+a. . _ ..j��. � �.f.''�y /1 � .. � � - ,�. � � ._4 . �� , £�, � �, " . �� � � �:� � _ Q 1' �.�y�_'_ F� �� � F � �, � � �;�! \. . � rvY t { � � B � r h ��t � ����� Y H.[� ' g���� � ..� _.���i� �, _� a:' � . . [�1 s These 2 homes ���°� � � � are located at � t ����� � - �' � � � �. 46080 & 46100 � - � .��r� � �: �� _ �.�. � " � � Burroweed. The "a'�'�'��� '� ri9ht garage is � � � � : �� . . � � � built on the ' � � _ ���� lot-line. -� `� " �` �. '� �t� . II -��% � ,�� � - �� �:, _ � ;; .�,��� . _ . _...a.. —v . . __ � t te ru��� � The total space , -�� � 4 '�� '� -" between ` t; ���€ . �` �y .� e �-s ��; � , � � � �� � '�'�� structures is ���� � � � ` � °� �� approximately 4 � ..,� , feet. ��� ��= " , � � � �'� ' '��� g ::� 1F ---�-�-------.—,-, � �- �', , :�„ ��. ; ,��� � ��� R �;'� "' a "'�'-�".'�,„ �r n`'m ` ��� - 1 e,, _ , � � ?�. �� g, ' �m-»-,.;,.� `,�- �� � �� :�' ,�,�., .�.,�_:. � . ` ��' �, �;� � ' .� s ' '��', � ��,.� � � ' �� �¢ } � � ��.��,� �f�<� 4 � � � � �a �c� es����,��� �� � � � ������� „r � .� . �`, > ' _ '; �T / l9 , There are � � ,� f � several homes p �° � '°�` � -�------�----- � located on - � �'��"' � �� ��� �` � =� � Burroweed -�' f��, � where a zero set i� --..�..-.... �� ;��. -_ ___ - . E back occurs �� __. with both units. ,,� " �, . �> . . .��,..� � � �. ... . . {f £. �r%.:.+1.�ti.-.4 .� ��W _ . .. - .. � ,_. ., , � . _ -.�. . ..'� �.... -�� ` . . . ._ . . � .�.r $ �.. `��� ���E�-s��` `y��^f"������ y�3ix'ti � �.�..�s^—'�`�_.✓_..r._.��`{�,_`�"^���'i�_' ��ta. .�2: .�:. - ^� �§ra A�'s?,94&°� ... .,. p,.,�..s...,p�'.S�"'�� ' . : ,ge,-��aG .✓� �� , _ ' �.�"*R�" .. � .. ��..�. . .... $�'"r.. � .._.�. . . ._... �i ...: . . ._... . :s.....�:L.v. :S'. . � .e. .�#��a G - i ._ . S I r(.._ ._...._�_........ . „ s r . . .. .._. ..�.�� > � � ( a1^J' t 6 T e� . . _ . . .. F r. � � � . . . - . � . . . i��s . . . . ._-` � '�"^4�3 c 'S9) �r�. ��^2��»"'i`m� .s�•T�— �� S Z'`E`};� . S' } � "' d�t�� � x .. . y'.�'Y'Ph..y�y '"�'..: . ..E. .- �� ,Ys�nl�� . . . . - . - `rdv .. � � . ��'"°S' f �a rvi�Y ' . .!! `4F`L t ' ..: r : -s p -__ . .. ::,... .. , . ,� _ ki-.:? � ..,. . .. ...._ . .. . R C r . 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' �"+ 9�x �r- . � � i . _ .YTi"�S,i�.. � � .. p.v';'�� . . . .i;_ � � t.� . . . � . .. . . . .. . . • .:�Lwq� .. � . . � .. . � . . [Wa' . . � . � . . ...5'+M . . . . �� � � . . �. =iti� . � � . . { .. . . Xn... . �.`J„'�"F'�`���3 `x1'�" . °�'` . . � . du4 4nq��"m5� p�. . A�: S.t�hi*. � �.�yrt� �'",y',k,6�� .�.,[a�'`- f '� ! s� .�`X` � � x�3 '.z2 �g<'� 4. '�.,�" ...�� x' > �S"*4�-1P.d '� �=��icn e � �� S��" �Y� � � ��C�' � r+y�;y�a��YX,�dy�.��,��e 5ty�s .. v.�..;• i�'�`�t }P� �:. r . Y lS�i.F`� . . Y'.�.�/„ K4��y� . .. SFIR , ... . . � . . " . . . . �..4 �.:'. � :, ..�x ' e M �. .L � � f ,ig p• . �g; 9�"� . �l� i.� �� � 5 h X�� R � � ��: 5 Y . ._ .� .�� �� . 4b-202 8urnvoeed Lane, ('aim Desert, Ca 93260 1'E.4R OF ;06j �9r. Toia built Bedroom & Bathroom onto the buck of his Gara�e io the year of"06", as coafirmed by Site Plan he submitted to [he Ci»� of Palm Uesert C:�- 2-10-06 1'EAR OI� �0$} �Ir. Toia is submitting a Site Pian for Variance ro thc i;ih- of Palm Desert 6-20-08 in which, under the Penaltti- of Periu» he is nut disctosing the Bathroom & Bathroom, he buill in the year of"06" for fhe�� were buil[ �i•iYh out Permit or Saferi� lo�pection. He is no.c calling the add on to the Garage "Exereiser Room" This ic one nf mam� e�amples, in �+•hicb VERJI�Rl', b�� �tilr. Toia is on Qoing ° �� ' ���� � j] �_ r � . ' .'L�k '. , �. t ; ` �"� ,� �,�� . , � , :L --` $ `,r�'f � , a 's�, i ' � ;�` _ . � �' �r ,w � , �; _"t� � '1 r h�,.s; \ � , � �.• � �,., � �r � i t� s �� -� .� :��. � � , ---+4 „ �` , , ,� �, , . �, �xr,3,�,�, , : . �: _ _�J�� � . �: < r + �,'— � � . �— � _ �,�sn ..f � ' . cr`'�?����:3\� �4.��� I,p�� ,�, � � � . _ ������''K'�<.�'��� � � C^� '�' I _ � --� - �t '``'� .. ^i�_�nr�r,���. . . �M��� . ,e . � , � �,' ���. � ;. i ;� i �' — �7� ��:,� i.- ` --- � �f G�- - . � � _ . \ :� - _ �r!'� ` � � : �i.� ' � '_ - — . fi '' ; h 116�,��J ' - � _ 11� � : r`� --sn2 � ' + i.':'..S g - ' T.le.. � . �;.�4 �J�t vi i:. �'.. '+ �'`��.�.��F� �� - � w Vt�. I .Y� �'� - }��.��, � � `�''4Q.� a� �c�` Y, — P- � :� �:F .� ._E .��e�����,•�,.�`� ' .. �� r � , �' �— , � - � I 1 �z f � ��• �-s� �- �.'��.� �� t�, � . ' .�� � .i ,�.r-_ . . - _ _ . ._"' .. . :. TF..�� .. s ' i.�rn�µ . �.. � '. i k'• _ �� � �A � r � � - � �T3"u'1���s'� .�- f/,,. �� d � _ � . � ,� �, �'T�\\ �� . ��:i',:,` 7� � " � Il r .r''J, �� � � � { / / � I X, � �� , 'C � . . . . � �. ' �� '� �` �. �� �I i - r�;�;<<-�� � ,`+ ��� � . . . . , . � . . _.. . ,�� � �. . � �i 7/j�..<.. - � �� -: �� . < 1� �11e v - � `�� `� � � . f., ` c�ln il�l� �'�`�'�`.g-.-.4-r=-,'a'L���'�. �,,,�_r - -. l + � � .. � � * - � �..` I ��. , � ��.��'_!i��_'�'w.�a7:i4�—�Y+-='�,^,�'r- � t_ - / - d�; • . F.,,� 1 - . :,� � .. .� _ . � -�Z'�.i � '' �'+. . �'- . : r-� . I ..; �� ,�;��� , � � . : �� �� _ �' :,_�1� �; . � .-_ � �, ;.,a � =" —� � .� � r .g <-�" �—,� ,'! � x ' �5��, �a��� . � � � � �e� '� � , ' ` Y� � y'r4 �.� � , ,� __ % w � �' � : — � . , ►� � ; r ;� . _ -_T '.r .0 , — �. H '�' � !( ��,I ( ��\ . � 1 �--��i �"'� �,�,. . ��''�:�.�1..,,ai�►�.-,=-- - ��*.E,Z,���i�y�'�X.,.��� � �� 4� �� �`w���� . : 1. i�'"`_--_ Ij �� �� ���� �� - ��"-� =�`�`��' �'�� � - - � _._ s; . s, , kF �e��.'y..+ a �i :���; F.` n'f' f`�y , � - • yt t�- *.Jkr��';4��`�9 r+ �= � : �{,, rc� ¢ _���' e 'i / :: ` y � r (.` r- �`c ,S t , t ` �� - ' 1 �'��''fi r ; � �= _ _ - � '. '' � a , � , � a. � sT� , ' Y i �..J .' �� .. � ' '.:� .. ���� 1. i; � � � � 8 . � . �� . h . k _ . �.` _��� �Y . � �. IN t -��;� : � � ( TI v : 1`x.. . r'` ��i➢. � d f 4t . f, �{ry ���' . . ���'� ✓f �t�' �. ya �___ x �lU�p�"`r+"�—. a - � , � ����;�'��� I �� ' ''��'� � P � � ��,� - � �� � � ������ - �. . _ . . . � .. . . _ . , � Marianne and Michael To1a �.,��� '� 46020 Burroweed Lane „„ . ,��������_. �;�„_ ��� � Palm Desert, Ca. 92260 '�'-•� `� �����y+s���.�G�"�L'��`��MJ'�''*v'�'. h+� r �s4� t j ` � , �. � Cartbarn Investigation ,,-y �� , � , - u �� #07-12-008 �:� � »� � f t a;. ` tra �. ,'4 - : t ti,� � � _ � � --:�-.. _ � ` C'�"� , , , r � �-: � t .- �_�'�v� ���.�x, ' ; � .� ��,��-. � � �;� � _ .� � ��` a�?a ,� , X � f'` � f' '� . �,=z;� �;�. r; . R :�.s�. ,.,.�� �� � � � �kl B/T "�" � , A �.�: � The pre-existing " � �' carport was more " ��� r ;,, �` f y than 25 years old. It � ` � �,'�,�` consisted of a nine � � 5 - � � � � r �� ; foot wooden gate � � � , � ��� � '' i with an aluminum , ` � roof structure that -�';'- `'�' � � � - , . ; eutended from the � �� � �� ? ��, , t w, garage to the � � 3� '� � ' �� common wa1L • } � , ..:�_� ..��'"��`, '� i � .;'�"'+R!M!""""�""q""""�"!R.'i,,"�TM-+. ._ � .�. �. � • ,� -- !y+'-�" f r, . I � � � � •`, � �� �. � � `" '' ��� ''� The gate was very ���. �: heavy and di�cult to � '�� �� open and close. R..r,� ,�_ ",iV�. ( � - �r; ,�: ._� '_ �-� '' �" , �, �:-� � " .� � � � .� � � �j�� -�� „ � ��� � � � -� V�� �► . . It was quite an eye •.�'"�-�";�. �„�;;":��.',�„�--f'=- `- : sore, was subject to � � ���".°" � � �, t . � the elements and � � � � �_ �n��,;.- _•� posed a security / '�� � ������ ti�� �� � vandalism issue. �,�,�"i: ���f��, � � ���� � . � , �;� � j - �;�� ��, � ��.: �"� > '- �' "` yW;_ �.. � � .�: � a3� ��i�i , . : ._� : � � �; � � ` ,. ��� �� � ; �4 �, . . .� � �•----. � � a�� ��, �\ '�� � y, ':` �e��. F�` `�;l� � � �� .r \1``� • ' � �`,�: • l�J ' ��1, �� — _ • ��,. ,:. , . S. . �� , `'' �~ C� .� _ _. i ..:_ ... � .... 1 � � a�� � In �1�\ �� ♦'.` _ ♦ \ [C� � Y 4� �2� ,. � �,,,,, ;y. `i 'r ?t�p� ��..�iG;.^��'� � ,�l� i � .��' q{ � � �R'r � d�� � w��;�,,� . " � '���R�'�� ~�4y�P' .`-t�,_ � - �,;<,..� _ T� .�- J � � �}f o �. � � , ..�.m� � �+f � � h �.. E,�N"` ,(.r"{.: . �i v ' : 1�' '�` 4�: t '•S 'V'FrL�- �} ••1tM. �,�t 4� .4,e � . �` [ F S Y-: � �y�*5� h9b�'}! a�p�.�# y{, I� � � '.r4{`" � ��'`'. i=,.� Y�:�' "'� '. .kT 3 "� '%`�!, . '::�..�t "�`� . '� ��'�#!J _ . . Yy .'_�r�' �� . , _ .s P ' ,,.Y^ �` , ` � � *f� ' �.. 'j � . . . . ' - ' _ . � ::.<�.: _ M t � � �j,� .. . . . Y- �.�A._..+.,eh.:. . . . . s Z � 4 ' � / �JF ip� � • ���� �r �y� 'i . `�1��>;.� v 1 t� - r �.y� ���,I ! �y�, > ': .I!!ji - f ir# : (R'� � � ��i va r '. S p .�� � . � ; " -�x.. 'b ..� � R�s -+�.te ..A". � :�.r?`� ��3-e� ;� ,��'u..��� -': �flV��?" ��� � ; I � � � a , ; _ ' - , -;�.; =�� -;' ' � r> ,: . i _ . _ _ -~����` < < .,t' _ r-ij � � � /� T' '' �..c -/ " This is our � ' driveway at 46020 :� ;; �c�' � �'"�' ���;��x�� � � ` \' �„ Burroweed. �- �``' � ` ' `� ;, Consistent with � , the other � `� ` �� � examples, the ��� ` � �:: cart barn wall is ° ':rt • .. r ������ on the lot-line. � �`h , �"$� _„ _ � i1, �`�`�`�p�y�'S .r"; ��� ' w. R � � _ ��y �4 '�s...e.�_� ���� . � � ..=y.. � N � ���"' >, '�� .�� ���a+ r s ;"� �- # A � . i ' .�< , �� � ' � ' s� s � �� a , , -`�-�= �'�'- �',� �� ��" ` , : � .�� . �, ��. . °� ` � � 1`' �� .�;� : , ,�' t c, � i�" `' � .: �, _ � ��` �.x r,.�r � � �,. '�s .�,�'�^'s�."'��_�!x� Sd`� ,xj,• �Xan:il�+".�.i+* � . ��t� —��ca,� � ,f� �b F� 1 V�� � x a There still ` �rz � �=. remains a 4 foot r� ` +� � "� _ set back from � ' � �� �' � {.,� � ,�°` `' % h} the common ,. .: ���� .; � � �� ' � � �Y` , �� wall and the �H 4 � � � neighbors home _ �� � #< • .. � :�- ' � ,tr";�., � .�;� Fk�r� 1 �''� , . � �-'� �. � a: � 1 �, � sa.,-�ts ����,,.i-� - - �.:'. ��� . � I $tT "&�� �i � These 2 homes '�� '' � are located � � 4 k 46190 & 46240 54 ` ��� � � � _ . � , � `te`r�c e+�,ez � trp �� . "Y ►1` T ��- . . �... . ' .` urroweed � *�; � - � Lane. The ,� _�. ��:, ���.� � ;; � � Y : ; garage on the � � � x � � � � _ . ` . left is built on � -�,, i �°�=� �; ,_. . ,_ ��. the lot-line. ' _ - > __ � �� , � , . =�� �`��"i-�.���""� _, . � . �` -_R' ' ° � � �:- The total space � � � �- y �� ` ` 6etween the . � - �..r � ':- . :-�. f� ' �'� '`'3.: ..., s ; :s. - '� p �� � �'J4�V�i4VM .�i5 �S � �` �� _� �-��� �` � � approximately 4 �.•, ,�. .�. a. �.'.. y' --� '�°' ` x_ ��' . ° ���� ��.� .� , Feet. _ �,,� ���� . , �— - � `� �_� �._ . �., � � �� ' .r_ > .`�_.a���s�u� =;F.q � f � � N\qt .... • . . v • _. � � +� �e�+ � - `�+ .r:t �. _ r r ^t. - . �.�h.:.. �*.��� - <' '—_._ _ , .. �`�,i " xr ... �.�� � �'.- � = .... . . {�R�4���,� � +` �� r t �i ,�r� ?� x-�y{� i� �' '� , i _.� _ afi �i [ �*��'�`�' �� f �� t4 a. _:� ��"�.q__ � _ ���� . � � ` � �� � � ,�� �a These 2 homes �� ` � � � are located at °� �-' � " ; �� '�,� , '"fi 46250 & 46280 n�,,, � -_ rv�"�rc��a� �%}'�; � t aczsn � Burroweed. The � � garage on the � �� ,� ��. , ; , . fi ._ left is 6uilt on � � ' - � �.`-. . the lot-line. � .. .. _�, �« �... �_ —� n.n 1�. � ��sS��s � :t4� F r.�� � : sy,.� Z 3 '^"' �fx. `. .� . ut{L .. � � . Y '�.� 1 .'=�� . . f�i� �� � �.u�FY'r � � � "� �"� The total space �� i`�.d"a'�. yy,�" �'i,�h�,Y �. '.. . Y'4 � � - � , � ' between the ' � ' � � �� � _ � � � � �=� � ` structures is � i ���,; . � ����� � �., . approximately 4 o , r �,��'�* � ,� , � � �,� .� �t.,� feet. �.,.�a,� � � ;..� � � ��„,: � a� ,. � ^*r, � w��,�,y, �� r. �r ��"f '�:��; � , , . } = a�`��`� , , �s yj;�� y ,s• sr" �`�„�., r m � � .. � .. r, � , .r"� ro.k . y r . .i �'�^ -r �, w . :. y , a'4:i: _____. �� L` "-';,—��^-ut'�&�t . n- � � � �� � � �t Et, [ �:�'�.'��,-`'"��''.h 4 r� ; �: d ��w»'� � / �.- _. ' . v � rh n •---� v -- G - � y} .�r.✓ � Y � -� � . �- " ..s�� � � � R � �x . �e�� , - � ry F 3� �� � � - ���`+a �� : r .�- ;�;r� ��---- �- a�� x � � t"� n�� �. f�� These 2 hornes � _ #� � are located at ��� �� � � �� ��� � � - ,� � , E :; 46080 & 46100 �"��JE@��rqg- �r�� f � �� e r� ��pS s.ai. Burroweed. The � right garage is . � - built on the � lot-line. � � , � � � �.,� � � , , $ � ,��.. �f M �� 4'� � The total space ,� _ , between - � � - , .:� �� � � structures is .. t �� ����.�� " 's, - �; approximately 4 3 en.n'�riT�n� � • � � � � �; � feet. ��� � � ; E �" ,.. �.�����` �{k�� • . t`�u��� ' . �" .z'�X-��s: - ' - � y .,a� 's{ , ' �- +� ���,, � � � � � r'S�4- _ — �� i)` �` - _ _ �� �.� '� _'sm t y _ � fi '�'s k���'��� � �� � �9 . . . . t .t . „�'�`+" `'� - ��'�,� � ,� � ��,.� �' = � "� � y x •,�� � ._-.�- � >� ��� � > ����.� .�.��s 'a �"G i�2- £, r-+��,n'a., ?� ,� c>_�.r.�:. —�;.,� � ;�`7 i . . �� � .� �� � � There are �� � � -� several homes � � � �` �! �,_ �. „��.�.� - �.,,.�, . � ;. , located on �µ;`� ��`� � � : `� Burroweed � where a zero set � � �--� � back occurs ��"' ;� '������ . '��' �� R1, with both units. � � � �i �,. �; � ` � � y� ,a ,�'<. [ i'ih*�^Y}Y6d'^a _ rt�`rF:"K��s' �'+.'wix '�" `'`�E� ' �' ;n`,�.�. ..r ..•, _, , � , . .. wFn S�4 .� � � € e y ::. � � ,�I ��.�.�....� � ��. M M° f I F§�._...--a�'"�-- ��"- ' -�r � ��r�� �-t � N'^. �...aw+.''w.�'� _-���„'S'sM�'�°� � '+�YXiY `•� v< .. .. � . ���aEX���� � . ... _ .,nv.w ' . . _ , --°r ,� �.r..�. ,.�.. ..<,. . _._._ . _� _...-.,.�-�..wi : _..�, _ .., .�.�. ..._ ._ � �.� . ..w�.�"�' . ,. _. _.. � . _ _.e..e... � ,,. . .a... � ...w.<.M. . _., . _.1.._. . . _ „-"` ���,, .at°. �' ��� f . � .T_ i . _"-- „ � ! f . � �_ �_� , _5 �.. ,. J o-� S -`^� � <d t ,Y 5 "�%�v .*4. x� �� �'"„ . "'*"^'T,^,�+���, . ',rMs �.s '.. �1. F'�``�r_Y ;SaY'+iT'""' ��4 — 4': �i 3`.* .,C;-t�„ ' 9—j rM A . . N 3 �� I♦ ' G ac� �t k �: as� .. � T j • . ..:,. . . .. . t�.y$^� •�i . .� , . � �C'.' '`r � N�� �_ � � � � . . '<:i„ .. . � .. . � . � .. � u �' � � . �=,. 3�r� �� ��`� .. � , � . .. < �d� � r,��K `- M rr4 < �Y � : �y 5����Y .2�' - Y"r{8dc. 9.� � �" : . F,��-��G� Y�3n y��,���'43 "M 'i. �`� , . ' ��1 4. Y� �e D, x .+�r' 3�' Y�t i' w w.G � � � � `. � ��,p . �P �� R�Tsk �ew.4 �� i • z� � ` � +�- �. iF,� � _ `s + � r i �'F.r,., . ' .. ��� . , ; "'��� �� � �� � s�, ���£.y,"Ys�Ya)� f.. .. . . . �.... + � � . 'i �; � ! F �; : �;�� T ��� � � . �.�. Mz �.� _ . . . _-,e f ��''; .. . > e` ����t. -'ry �<'( r;s �b-202 Rumsoeed Lane, Yalm DeserY, Ca 92260 yE,qR OF ;O6} �,'!'ir. 7oia built Bedroom & Bathroom outo the back of his Garage. in the��ear of"06", as confirmed br Site Plan he submitted to the City of P�Im Desert. Ca. 2-30-06 YEAR OF ;08} �lr. T�oia is submitting a SiCe Pian for Variance to the Cin' oS Palm Desert 6-20-08 in which, onder the Penalh� of Periun� he is not disclosio� the Bathroom & Bathroom, he built in the }�ear of"06" for the}� were buitt Esith out Permit or Safcri� Inspection. He is no�� cailing t6e add on to the Garage "Etierciser Room" This i� one nf� mam� e�ampies, in which PEK.Ji�Rl'. b� ��Ir. Toia is on goinE : �,b�' � � � � � � � � F�, ` 4 S t f Ei �. �', � �`�-� � �.,.�� v. _. y 'tY i+ � �( '� , . .... .,:::� �,_.._..s ����� � - ,� '. , '�` . . ._._. �,� ::a ,_, ���� li . . --- . . . . . �f�, ,, . . . '���.. a,:. �_..,. .. �.-:'. ��� II I 46-020 Burroweed Lane 46-040 Burroweed Lane "Applicant Proper[y" "Pride Property" , � / r �t"4.� ...,-..,. r�. B / e � Q - � �� � 4Ya>`a5"a3.•VS' X • � . : � . . . . . � • - ._ .. _ n _ � �� .�� �i � � �ro � �b'4'. mppE LG��; � � . . . �i ':�' f . . . .. . . . . . . °$ . T • Front views of 46-020 and 46-040 Burroweed Lane • Exposed, unpainted flashing and loose roof tiles on Applicant Property visible from both Burroweed Lane and Pride Properry . EXHIBTTS "A" & "B" Architecturai Review Commission Case#MISC 08�0 Objection submitted by: Su�anne Pride—46-040 Butroweed Lane E_ 1 P`]8 � � � �� . ' ` `�.- `,,� .t 4 kp } _ y�� � �.. F g� '- } �,.�. °s. '4'�.� � _ _ . '�!�'.-`_ ��. � � . ""'�Ca �� .�1. ». �.. �- . 'k`S i�s,...»..� '..,�. :. -..� �, — . ` ....+c.«... �SGs?: � : � � � ' �€ ��� . .,,. . . i,..y _.> .. • View of structure from Pride Property side yazd • "Construcrion"ongoing as of February 22, 2008 • ApplicanYs Structure built on common wall • No side yazd setback, as required by Code, on Applicant Southem proper[y line � � � -�.a,..�`0� ._ .. _:. �'' � . ..,_ _ . , _ «. .. - . �. . . ......Y Q ; . .. - rtf J. �ry ni: • Flashing on Applicant structure is not properly attached, creating sharp metal edges along the block wall making it unsightly and dangemus . EXI3IBITS "C" & "D" � E-2 �� � � � � � �� � ; � �, R �t Z } . �{,� . ."'q"d`�+u.{�. � ��:k�?rr�. �y��� � �� �� � . � , ;.t �. `°"r'°n'w'w...r..��..--.�,..,,—�.... , .. 1 . . 'j(�'� ��ilA�� WA _ ��yt� y, i . ' F �; � �,��'+^«�z�'..�,+�"`� ��� i .��- d ��' � ar �. . �'^ � :�4'� . —'�__— - . _ +�`� ' � _ , • View of structure from rear of Pride Property side yazd • Shoddy construction and loose materials pose health and safety hazards to Pride Property -�'. � � � �m i � �� �:iuv�f"�-- ' v. � ;.:� .A . ��� " � � �� � .. -F"�.�.rn'.�' .���r� W'v'' : �_ .'�i 5 X..�I {'.,Y'r_ .('� r f "'Y5_: .a �.., � x'ea s �, a,��n..�"-s`. � ._ . . �„",..�''_�.— -- .. }��'� � • View of structure&om Pride Property side yazd • ApplicanYs shvcture exceeds wa11 height; roof drains onto Pride Properly causing . pooling of water and property damage EXIiIBITS "E" & "F" b-3 a8o � � � :� ,� ; , � ;,� �.--".:� _ ` _ �� �. � �-� � _ ` a � . � ;:r, :�. ,�� ,y�.y�y�� �:�. , �,:a�� R 'f`9.���3+R'+'n.nj"-i4'i �`c'-est.. • View of common wall from Pride Property front yazd • Note: Drainage onto Pride Property from Applicant's Sffucture • Note: Please compare to Eachibits J& K; down spouts no longer in place — � � ,� � :-fi ��--- � - � ��_�� ���-=-j:��� . . � ; . , , � _ . - � ,. �: � �� r -� .. x.� • View of wmmon wall from Pride Property front yard • Drainage from Applicant's struchue flows off the roof and down the wall onto Pride Property . EXFIIBTTS "G" & "H" E-4 ��3� � � � � � � � � � � .. , . � ', �---�- . , .. . _. �.... _ .,r. . 4�,: � �. �.� x� ,; -�;,� '� _ e..�,. - _. ., ygy.� � �','��^t^"�w y �.S'3� 4.� . . �aHfi# m �jg��� �$ �8 * ����3 ,�,'q��4���� 'Y : WYS �y�', , � ' � )' d :. . � .� � _ - . ' � "�_ , " � ` = • View from inside Pride residence • Exposed PVC pipe and miscellaneous cables/wires protruding from Applicaut's Structure aze visible from Burroweed Lane and Pride Property � EXHIBIT "I" E-5 ��s� . • ,�) a�d �s � �� �t��c��� ��t Ql��o —��ic���L d ► C� -� � -� io� �al�,� � � . � � � _ � � � ` �� 1 ���. s �� � �,� A , � ` : ' �,y,rr ' i� _. � ," s,G.#M�i... � � . . _ ��..� �s� . . . . . P�. � ' . i�� .. . .. �. .. . . 2g� .. � . . - � � . �� � �� / �� ?' � x �'Y � � � . . � . � Z . � �} 1 � � PMiV 1 � � � � � /. 1 � u i f i ( �� � ' " { � , � t , � / y 3 ` � . . .��' 'Szro�. i � . _ .. � � � � : � � Rs. 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' - 1l�y��""," J �' Yl�) 1�.. . � ' « . !l\� � � 3 ` �+'K `4,'� ., 1 _ k . . �_ � P����� u , ��' ' } � ` . �s �. � �wj2� ;� � �. E . . r ` f � �,. i i SxS' � "`��'� � .. � ��' � ` ' ����" ,�'_ � ' � %�,�, � � , `� �� .r y' ' 3 x i�(z . [ � � ' q�. av�i.fi� � 4 ._ r �'y`��,�.���a' � � � �g ��:-�_'� . : . 4;A��� ,d �. . . : . a.( q,. .x��', . . , :.:. . 3�,;a � ' 4 X. . _... . . _ . _ . . _ . " ... : �� � . .�-.�� �, �� "' , �_ �� �� . .. � �- ,Y.�. -�.�.�,.-�.�--.�, ��. , _ t -� = _ .M„ ..� �, .A Y � ,�a . �.�< ���,.�.�.. r.- ��'�`�,.�� �. , � � �.g�,�,r�s� ,.�-,-�---`����r� - - ..� . --�, .a��>,rs�� �._.�"�'^�``�"- .}k��" -Ft r. � ..:�"ffi'� .r '- dn � � ,. ..,.�.-�n. ' .' 6.; ; � ;., — ' W F., , .. � -� -.," .` a� • -r'3,-�.sf;e.� x�e,sa.� s ,� 'y AA ' ..w--. 4 i a, ' �t� -�� � � �4 r �. qta�a .fi _ j s�} �ym s < ; � ��'s� �� View from Bathroom Window Slider 46-040 Burroweed Lane Golf Cart Barn and Work Shop (HIGH VOLTAGE} Power tools are extremelv close to bathroom. Noise from Work Shop, invasion of Privac}� also the aesthetic of this structure depreciated tlie value of my property a90 . � � R�C�'�`��D City of Palm Desert Ati� 2 6 2006 73-510 Fred Waring Dr. Palm Desert, Ca. 92260 %OMMUNI7 r llevst.Or: . ��r:krMENT CITY OF PALM DESERT City of Palm Desert Planning Commission Regarding: Invite to my home to see view o£structure from my bathroom window and back, side yazd. Planning Commission, Sonia Campbell Deaz Sonia Campbell, I invite you to come to my home on Tuesday, 9-2-08 to see the impact of Golf Cart Bam and Work Shop on to my proper[y. Respectftilly. Sl.` /1-�- ✓�'� �� Suzanne Pride 46-040 Burroweed Lane Palm Desert, Ca 92260 760-668-5444 ��I • .�1Q��t��S s� {� ��� � h-t-���dov�l l �+ �,� �+ � �ctiuE�i��. � �c� � ��-� � � 2L '�1�U� a � � � � � � } ,; �� �Kp�� f 4"y� � r , yRte'AfF�... 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Respectfully, Sly1-��l�� � Suzanne Pride 46-040 Burroweed Lane Palm Desert, Ca. 92260 760-668-5444 �,q 5 � � ..�a�o� c��,u�C�s s �-�1 �'�� �{���"C�C�. � tiu �1, �o ��►��'� � i�, -� Q-� -l� i ��� U,I� � ,� .�, - �`� � � �� � �� a �� � � b " � 1 �i CJ �' i 4: � �i L r� �L � � �# f _ ��.� = f j '�'�'- `.. l '� o ; � N �.�«��.�.. � � � � G » Jc .n-.»s`A��u.�g.�#w �,y,�- '�, y ' � . � Ss. � "'�'�A�sp 'i�� �. � �i y L � � L vy. O °' � �.�..�,F � � ��, , � � � � � . ' F�� . � : . G � . .. . . 5,4� � f y � � � � e� �- '� - . . . i` C ^ ^' . � � _ � �� y : �.5`. 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Noise from Work Shop, invasion of Privacv also the aesthetic of this structure depreeiated the value of my property ,�!{ � � .}���;� . � .. � ` -��� Auo 2 Pi 2006 CityofPalmDeseR ;OAfMUNi� i��.�.a�.��� . ;-r.�;eTMENT 73-510 Fred Waring Dr. CifiI6F N,��ot:SEP? Palm Desert. Ca. 92260 CiTy of Palm Desert Planniug Commission, Regarding: Invite to my home to see view from my bathroom window and back, side yazd. Planning Commission; Mari Schmidt Deaz Mari Schmidt, I invite you to come to my home on Tuesday, 9-2-OS to see impact of Golf Cart Barn and work shop on to my proper[y. Respectfully, s� �e��� �� Suzanne Pride 46-040 Burroweed Lane Palm Desert, Ca. 92260 760-668-5444 �,�� Ja-(oC�,�o+ �C'�S- S'1�}� � . �-�-f-✓��ad�u4 Q���o ��Mi C,���+�+c� d t� -� c�+ -� ��� 7�� , � � �� � .� � . . � -�. � ���a � �.m.�.` o-� �� s � � �" h , � . � . � >�,... � � .. �v � ,� � � . . . � _ . a". � � � � � y F ` k �; h ��; �' � � bs"� � �.. .����A � �R � �� � J� C.`_ y�y � � � r �.�.�.�.«•,: ' 2°s � � � �, ��r s � �� 3 �� � � � '� � � � . � _ j. ��. ; � � � ,- � _ i �, � ���;,r � � ' � � � ,� �`� '� ,� ``� � 1 �' _ � ��., ..l {t`: N4.�'.... . f��. ' - . . ! t � - . '�" . �.� . r il'N'� � - . �.°R 9 `Gr � t. . � 7 .P� P::� . . . . �'` � y _ � F'"b`.�2 S}� m� rf �� 4 . . . Y� t � C. 9 . ....,n...� _ .'� F . y._ , �& , J Y�� Y i �M � µ� t¢y�;� �,W , .�..'� � �`t���� � ; ��, „ 's �'"' , .�,�c. ,� '� "�, � - �*�� � ' *�- �.��a=� �. _ „ �, �, � ��, � -.���i �� �„� ,`�- � 4.` . �' r t � gr, ; d. 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'z � �� w. n` �' � �.^'�5`�u',�3'�"��� �.�' } 3z-�" �-�-.��a�u`�..�ri .`� ,',�5+""� �.."�..� ��'"^��..�::��.`^,'.'���+1'c'.�i�". ^` -�eMw�,��y.. ' �,.�,m:^r�� s��.� z. ' � ' �'�'�, �� k .2`�IYwG40.- ._ � � � t�"�.. � , � . -:1 �n� ��. ;r#. � ` .:. , _ ,« . , . • � �,}�'fi#' �� ,.qP�a.anT _ � � % } � �. 9 r^3x -w+ �v:g �t {� ..+ .^�T�':.. s � � a �, e �;� a� r � ��� �'{..�ulr . `L` z.y- � _ - §?��"� . ���,�� . x t. i�.- - t�' - £ Vie« from Bathroom Window Slider 46-040 Burroweed Lane Golf Gart Barn and Work Shop (HIGH VOLTAGE} Pow�er tools are extremely dose to bathroom. Noise from Work Shop, invasion of Privacv also the aesthetic of this structure depreciated the value of my propert�• 3� � � � �� r . ,-< 4 - ;:` ��. City of Palm Desert A�� � $ � 73-510 Fred Waring Dr. Palm Desert, Ca.92260 'o'�`��•"'' `"' "�M�hT GI`i 7 OF NAiM DESERI' City of Palm Desert Planning Commission; Regarding: Invite to my home to see view from my bathroom window and back, side yazd. Planning Commission; Van Tanner Deaz Van Tanner, I imite you to come to my home on Tuesday, 9-2-08 to see impact of Golf Cart Bam and Work Shop on to my property. Respectfully, ���>��� ✓��� Suzanne Pride 46-040 Burroweed Lane Palm DeseR, Ca. 92260 760-668-5444 �D3 �l�i )CsC7�d 1�t7�b1�`)S y-H `�K-� ,� /�-j`�o`�C�?�� l�1 W �0•�� -��-v1� �a (-1-/�� � ���—� ���� � � � Z�� -. � �er aa �� �. -` t� r° '`��'�� k�', _ � �"°�� A,�,�,.,,"''�� ' 4x"�� ���. ; '�.• � r.� ., _` �.F. . ��.... �. . . �dm��¢ � Y+L '`D ' . . .i��APY�K..�� � . ��`',<:, . .. `; r . , .' . (�� f, � 5 . . . . � � '.,� . 3 V ' �.„ .. . . �� :�". 3 l 3: F � �. � / � ( � 1 . Y { � ; $ � �� � � i �� �� � } i, . S ` � � P ` � t_ . . q �-� , . s" � � ? � r � �� � � � q � P �'.' A � , � t� { �. . _ �. , .� �, . � . . . ��� . . 0 �1n � . . �. � ?` A / _ � ' �v. � j �.p � b � S � ? 5� ' „ ,! : . ��A �� � ���i.Y, f F � � � � � � . � . { �' X�'��, � 1 ,•.�r � z 5p . � '�9�'. e Y W i�. : � � P� 4 ?, y� .MUR �z � � . . 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Noise from Work Shop, invasion of Privacy also the aesthetic of this structure depreciated the value of m�� property ��� � �,�.;-, . � � _ •- - : :__ : ;�;.rt F � l �`��. �" _ � •>�. � � : _-_._ -_- _ -::. '. ^'�' ' �, �`,� _ . _ -- - �.,�a �a.*"- F :� �`? ' — ti ���♦ }�y.� - .��jk� � �' �.z6'aN� f� `Y' f 1 'Y�j`.: l#��#+F ���!✓�i�'7�����'�'a�'£ � � /� ._.S ....1MePe'i 1W�+.}�.��� ;�4 R ,v��Y1� ��;' z' � @T si Y` p�.,� �i� �s� `� �t , �= � .."� . . . y���� � � � l Y 5 -e �}�C a. . . t. W�t'3'��^£�`F# R3 p .^. ' .,. � . � "'" a t2, � . $C� . ������.� ,x,�z .t > ;p�a� �. � �$ z �} :�e .y .; ji"wF.. .c ������Wfi�a'�.��}x'=�`tr�yy�+ �� ",!C�a' 'k'rzn�f � <s-�3K-3� �` f aa�.F _4»a��z".a`'� x�g '" . Y��� `��"`r.u, at'S4y��,.4'�.,��' c . + �f }ny ��Y»+ x �r��# sa.�. r � �1.: ,� �„K.: �i ��,d : s �`x v3`F�"r�.. ..k 3``��.=g�r3'3 r ..'���A,. .��-�c. *.. .r r . wa i. . ':P" , a,r,_;..y us'�.�.. ,��. , . �Y .k. _ ..+^ ri�t ',.Fa`. 46-040 Burroweed Lane P.D. Ca. 92260 The picture shows the Pride home shares a common garage wall with neighbor on Sout6 side of home. To not have Legal Set Back Code ;2�.18.070-C; Enforced on North side of Pride home is a Safety Concern, Privac�, also Aesthetically would llevalue Properh. Ali other home owners in same �icinih and zone, who share common wall, O� ONE SIDE OF THEIR HOIVIE, have the Privileges Enjo�ed to ha�e Le�al Sei Back Code.{25.18.070.-C; ENFORCED. ��1�.�_[,�T�,1D Qi1� 2 b 2� 10MM rv�'� Lt r6'LO�� �. r.r.ii�T�EC3T CITY OF PALM DESERT� 30? , � � - . s, . � } �4�. . , t , v,��`�'v�i; s.�� �� � F � 5 s sr'ie�.: '" �,w : '"'. ! . � 'a''�/ "i ,a' r�r f . �a '. � i t .j�Z+ fk fi, ,,�y. � ' . S� l�.Y � S��'M S" y . �a � - Y a �9� �, � �'S�"�}}'h'�bv �'a' '. . . �.,�'�. ¢ �� �.�k�'^�A,Y. .,,1 ''s,'*� �k n�e��' �x�. '�b�K� � � . < ,s° i _ @ m� k a 9 >� ��7 y� x i �> > � '� ��. y � > y"�r� 'a4 `�'ks #� t �$Nr, �-r� �+ ��I���t��t�� .. 3�t y d"s' p 's . � £ �' � v 3T "�' ' t 1 f 1 =�'r � � r �� �� -� 3 �,� ��1��si�'Yili �`� �" � � �r *� �''��t � � � ;�, ,f } —,�k� "t. ul l�t;rlill� �� � la�. �ri"."e a, r ` . .. ",+� 'u' _ ,W a a 'Fw `� 'r (it�l}��, � . ,�. r&�w � ' y 1 : i ' � ���C ��t� q � n R, � Ss�, .: �.*+if.. 'k�YA' ,e'"�, ' �� . �'•*b ^rb.F,�i,�'�'r� ,, rr�=e�- �+r� �", 'r yF �*pI� � I� " x . . �T4*4}6 �x * J a�r y +� "tW � `✓' 1` >»^_ Y �cA z i�Cx .t A"1f�k� t'<s�� � Y.��� +eF -, a �6'-� �'��`� � � � � �., �} i�d .. �... ��'. - C,ie�:. � � y ,�y� .. � m �� ��'� � ,- � J k � � �� � �n g<�4� �k���� � _ � �SH 1 �� � b, s � �i �_'. S-�ii.�^'a � ri « � . # � �' . '. i �� � .� �% . .. „ k���',3 .�_. �„ir1:�? -�. .0 ��^. 4_ _. . _.... . . -t6-u�+0 F3urroweed Lane P.D. Ca. 92260 Picfure shows North side of Pride Home. Golf Cart Barn & Work Shop, �6-020 are built direcdy up to wall �vith o�rt {2518.070-C} Set Back Law Cade compliance, �s�hich Deprives Pride propertv of Privileges Enioved by other propertiee in the vicinitv and under identical zonin� eiassification 13'ork Shop has manv {high vultaae power tools}. Bedroom and Bathroom of Pride home are directiv next to structure, which is Detrimeutal to Safetv of Pride �ome. Noise from power tools in Work Shop, is an im'asion of Privacy, and Devalues properh�. South side of Pride home has no set back, for garage wail is shared with neighbm•. Ail other propertv owner� who share Qara2e rvall with oei�hbor, have Set Back Cude Fnforced on the other side of their pronertv. �30fs � � City of Palm Desert � ` � Planning Commission � 73-510 Fred Wazing Dr. �'�� Z � � Palm Desert, Ca 92260 7DMMUn� ,. ___ r�jENT CIl'Y OF PALM�ESEk" Planning Commission City of Palm Desert; Regazding: 6-20-08 Variance Application: 46-020 Burroweed Lane Palm Deser[, Ca. 92260. {Mr. Toia} PAGE-1- of Variance Application: 1- Paniallv uermitted {Golf Cart Barn}? A- Gate Enclosure is permitted {ONLY} not {Golf Cart Barn}! 2-Mr Toia states the Golf Cazt Barn is 2 Yz veazs old A- 1-3-06 - Mr. Toia received permit for {Gate Enclosure Only} B-5-24-06- Building Final {Gate Enclosure Only} 3- 2-11-06 Mr. Toia,receives permit for 72 SF add on the Nor[h side of his home. A- 5-24-06-Building Final 4- "06" Mr. Toia starts construction,NON- Permitted Bedroom and Bathroom on to back of¢araee on South side of his home. 5- "06" Mr. Toia starts building non- permitted {Golf Cart Barn & Work Shop} A- 12-28-07 - Investieation Request Form submitted for Golf Cart Bam and Work Shop structure B- On going construction 12-28-07 un to 2-22-08 Conclusion The time frame Mr. Toia is stating for paRially permitted {Golf Cart Barn-Roofed � structure 2 '/:years old}, is not an accurate statement. 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Per my survey as shown. on the attached Corner Record, . , � � . . £he South property line of Lot 1 is contained within .-the � � ,� existing .Masonary �wall constructed� on the South Line of the� � � above referred to South �.iine. � � � . -� � � � . � � � Respectfully, - . � � - � � - . � ����� . . WM. H. �FITCH - . . . . . � � � � � . RCE 12571 - � - � - - � � � � � Q�pFE$S70yq �Q4.� �p.RV EY �,,�Fiyc/ :_ _ � 3`� ny �" `�' No. 12571 "' � ��R 3�/� � . I * c/G 2 � . . . - . �, �r fNGIN�i`'� �\Q' _ r9jF af cAi�F°� � . CIVIL fNGINE£RlNG.-PLANNING —SURVEYING — DESIGN � .� . . .. . � � . - � . . � � P.O. BOX 4551 PALM DESERT, CA 92261- . . . � . .. ' . � . - � �� �- � � (760)�345-7667�. . . � . � . . . � . � � . - - � � . - . � � � � �lP� - . � n�!n , �j� iCi7yofPalmDesest �;�'ii "• . . :�]J:! November10, 2008 73-510 Fred R'aring Dr. �y / � � Palm Desert,Ca. 92260 PlpnningCommission; 01�Id1;5;'..:':;:' ;'.3 :_. � ..`:� � �ITS(1F PAl',d AFSER9 Regarding: Va�iance Application # 08-261 Mr. Toia, 46-020 Burrow�ed Lane Palm DeserL Dear Mr. Van Tanner, My name is Marc GiovennelJa. I work for the City of Irvine, Orange Counry. Suzantte Pride is my mother-in law, who lives at 46-040 Burroweed Lane, Palm Desert. I am writing and submitting this letter for the record, to give you and the City of Palm Desert the true facts and understanding as to the issue of the building of a non permitted gol,f barn and work shop built by Mr. Toia, Suzanne Pride's neighbor. First I will address the relationship we have had with the Toia's before the juniper hedge was removed; we had a very good neighborly friendship with the Toia's. Suzanne had given the Toia's a $3,000.00 beautiful wooden bar with a golf picture on it for rheir back yart� she had also given them marry golfpasses to all the tournaments in town adding up to marry$, she even took her medical equipment to the Toia's home, as she rs a weJJ k+row therapist in the desert, when Mr. Toia had a problem with his bacl� at no charge. And yes the Toia's were kind to her as well. When I would come with my family to stay at our desert home, Mr. Toia had a lot of construction on going. I was always friendly to hrm;he would talk to my children. I did not notice the golf barn struchtre, as I was busy with the children and all the events we always had planed to do in the short rime we had at our visits. At one point Suzarsne did mention Mr. Toia told her he had a permit for the structure. I only saw the structure from the street, as did all the neighbors and Suzanne as well. I never knew here wos a work shop in back of the cart barn. For the record• 8-3-1998-I bought the home at 46-040 Burroweed Lane and now the home is in Suzanne Pride's name, it is our family's home in the desert ' 7-3-2003-Mr. Toia bought the home at 46-020 Bumoweed Lane. He rented the home out jor 2 ye�s and then moved into the home 2005. Mr. Toia is the 3'd oerson to buv the home at 46-020.All the major work,•pool, inside interior, wall on north side of home, landscaping in back yard was done bv t6e two nrevious owneis. The letter from City Councilman Richard Kelly's wife Mary Helen, {eahibit 1} and all the other IeKers Mr. Toia has had his friends submit to the City as to how the wonderful Mr. Toia has completely renovated this unsafe, unsightly home of despair is not troe. As I stated,• the truth, Mr.Toia is the 3'd owner, the two orevious owners did all t6e maior work Also Mr. Toia has had his friends state, "Suzanne Pride gave him permission to build the non permitted golf barn and work shop and thett she got angry, has an tix to grind and now she has lodged a complaint and now all his friends are appalled at her. I ask you, Mr. Tanner"Why does Mr. Toia have to have Mrs. Ifelly and all his friends submit letters to the City with all these false statements"? I muat add as a person who works for the City, t6is is a pattem of a person who knows,if he can get the neighborhood and his friends to back him with a story of confrontaHon,he has a chance to win sympathy after the fact And now, as the Hme has gone on in this case,Mr.Toia has had many people from the Shadow Mountain Golf Club submit letters to the City; in which City Councilman Mn Richard Kelly and 6is wife are also members. 1 � 3�� I ask vou as a Citv Staff Emolovice to carefullv look at the facts: I am the one who advice and insisted Suzanne Pride go to the City and fill out an Investigation Form. When I came [o our home in 12-08 und for the first time suw the wull after the juniper hedge had been removed from the back side wall und was told that Mr. Tora had u pipe draining from his swump cooler over the wall, draining on to our property. And he a[so had a wnrk shop with high voltaKe power tools in back of the galf barn, I was concerned. Mv two vouna children sleea in the bedroom and use the bathroom next to the structure. I had only looked at the view from the street, as the juniper hedge was very tull, and we could not see what the structure really looked like until the hedge was removed I was ulso told Mr. Toia had to redo the roof,for it had leuked; [he structure was poorly built. As/checkeJ out the shucture from our side of lhe wall, I questioned how this structure had been permitted and if there had been a safety inspection. The roofwas pitched m drain on to our property; this could not be seen from the street view. Ifthere was no permit and no safety inspection of a work shop with high voltage power tools and Mr. Toia had u pipe clruining over our wall from his swamp cooler: the roof was pitched to also drain on to our properry, I ask you Ms. Limont,do you think Mr. Toia cared about what happened to our property rights and our safely?The answer is obvious "NO". For almost 2 years Mr. Taia had so much construction on going it was overwhelmrttg.{I} A'e called him to ask him if we could use our back yard on Easter Sunday, us he always had construction on going on Sundays.{2}He also had a tile eutfing saw running at 8:00 ut night. We asked him, "Will you be turning off the saw soan, as we were trying to put the chrldren to bed'? He was ungry a!our reyuest. (3}Suzanne was the one that confronted Mr. Toia about the pipe hanging over our wull.I ask you Ms. Limont, do you think Mr. Toia had any concern for our quiet enjoyment of our home? The answer is obvious,"NO". There is a oattern of disresard bv Mr. Toia l ask vou to consider." Quite use" ofourproperty was no longer possible. We had been exhemelypatient with all the noise, trying to keep up the friendly neighbor policy. Suzunne Pride as 90%ofwomun has no knowledge ofthe bui[ding process what so ever. The approvul to build u structure is the authority of the Ciry, not my mother-in-luw. Mr. Toia is the only one responsible for his decision to build an illegal structure. Suzanne has submitted i»several letters to the City that she did not grve Mr. Toia permission to build and illega!structure. It is ngainst thc I�w to gi�c an�� resident permi.sion to build u le};al or illcgAl sh-ucture. And again I askyou Ms. Limont, if you were going to build an illegal structure,as Mr. Toia has,wouldn't you get such an approval from the neighbor in writing? He obviously did not tell my mother-ie-law what his true intentions were, for if he had, he would have asked her to sign an agreement. There is a oattem of dishonestv bv Me Toia. I ask vou to consider! I told Suzanne Pride,the City Staff Employees have an obligation to protect the residents of Palm Desert from such behavior of disregard to a neighbor and their property rights. On 12-28- 08 Suzanne Pride came to t6e City at my request asking for an inves6gation and support from the City Let us now Qo on to the buildin¢ of the non nermitted structure: I�hcre was necer a 2� vcar old car na•h, exhibit 2 There wus un olive tree in front of the gate opening, in which there wus u dirt putch with grass uround the odive tree that extended to the curb. Mr. Toia in 06 removed the olive hee and extended the drrve way. The view he has submitted of the "eye sore" behind the gate {exhibit3} is the messy storage of his construction material. The wide side vard set back from the wall to Mr. Toia's earaee is consistence with the other side of 46-060,whv, because 46-040 and 46-060 share a wall and are attached at the caraee. T6ere is onlv one other duplex down the street,46-310 and 46-340 in which thev have the same set back. 2 �67 1-17-OS(exhibit 4} Mr. Toia stutes in letter to the City, "Lute rn OS we began ro explore the potential to replace this structure with some[hing more esthetically pleasing. We began discussions wi[h the City Depurtment and in the review of our sketches we were advised of the four foot set back reauirements,to decrease the width of the oroposed structure bv Four feet W 4S NOT �'!ARI F" Ms. Limout Please take the time to follow this: The Building Dept. ofPalm Desert after seeing his sketches uchised Mr. Toiq he would need to � have u survey and u variance for the structure ofthe golfburn. Mr. Toia then states in the same letter I-17-08 fexhibit 5}, "The permit saecialist heloed us creaHvelv solve this dilemma".He, the permit specialist suggested we design und take out a permit far a ",qate enclosure`. Mr.Toia then, goes on to state, " the permit specialist made a comment to the effect, once we perJorm the final sign offon the " gate enclosure" ,WHAT YOU DO BEHIND THE WALL IS YOUR BUSINESS. Since we alreuJy knew the neighbor was on board with the improvement it appeared we hod u, "WORKABLE SOLU'CION". �To what? l3uild an illctal structurc}? Me Tioa is stating. "The Permit Specialist and Suzanne Pride encouraged and gave 6im permission to build an illegal structure.Whv is Mr. Toia not beine hcld res�onsible for the decision he made tu build the illesal strueture' Ms. Limont,Please help me understand: !he Building Dep[. advised Mr. Toia he needs to have a survey und a variance for his structure, Mr. Toia disregards the udvice from the Building Dept. and violates many Ciry Codes and Laws. Then the Planning Dept. Staff disregards the advice the Building Dept. gave Mr. Toia; and is now recommending the Planning Commission to approve the variance request#08-261? My yuestion to all is; why is the Citv even considerina Mr Toia's variance reauest in the first la ace? Whv is the Plannine St:�ff�rantin�Mr. "Coia this 4oecial Privile�e? Whv is the Plannine Staff even considerine rewardin� the behavior of a resident who has obviouslv been so dishonest and violated thc Citv Laws? Is this the nrecedence for others in Palm Descrt to �_et awa�� with the samc dishonest beh�vior' Mr. Taia is using the argument that he is "improving"the value of his property with these imprnvements, however; in fact he is not; because he oroceeded without le¢al comoliance. I1ow cnn hc claim hardship prior to making his improvcmenf.' It is not possible for him to prove hardship afterwards. Future plans to make everything hener, like drain the roof awayfrom our direction, does not justify the fact thut he built illegully in the�irst place. The fact he is willing to do these things proves that his originul work was not only seriouslyJlawed in the first place but it clearly demonshated his lack of concern for our family"He does not care". 6e is use to doine thines his own wav and Gves life believinQ that this behavior is accentable. This statement can be proven, how? At Ihe s:�mc time 19r. 7'ui:� built Ihc illc�:il �ulf b��rn �md �rm�k shon, hc also bnilt an illceal bedroom and bathroom. On the site plan 6-20-08 {exhibit 6} Me Toia submitted to the Plannine Deot. for variance#08-261,he culled the bedroom and bathroom, an "exercise room", on the site plun he submitted ta the City in 06, he called the illega[ structures, "bedroom and bathroom" {exhibit 7 }. 3 3�� OWNER AND OR OWONER'S AUTHORIZED AGENT AFFIDAVIT {exhibit S} I, Michael J. Toia being duly sworn depose und declare to the best oj {MY} knowledge that the foregoing is true and correct under the oenaltv of oeriurv. Suzunne Pride hus submitted these fucts ofperjury by Mr. Toia to the Planning Dept., The Plunning Commi.rsion and to the City Counci/yet no Stuff or Elected Officials seems to wunt to address Mr. Toia's obvious put[ern ofdishonesty. Why?Again 1 uskyou Ms. Limont, Whv is Mr. Toia bcint ��ranted Special Pri��ileaes•' How much proofdoes the City ofPulm Desert need to disclose the fact that Mr. Toia has disregarded the advice of the Building Dept. and vio/ated many City Codes and Laws?How much proof does the Ciry need to comprehend how dishonest Mr.Toia has been to the Ciry and m our Family?Surely yau must see !he pattern; 3 illegul structures bu/It by Mr. Toia in 06 on his property and the perjury on Site Plan suhmitted 6-20-08 ro the Plunning Dept fi�r {Variance#08-261}? IJ the Plunning Dept. is scrying, the illegal bedraom and bathroom are not a part of this case, they are mistaken,for the site plan was submitted for this case,was it not? Did Mr. Toiu sign the page of . Agentaffidavitstating, currect undcr the penalh� of neriurv? Ms. Limont, "the pursuit ofhapprness" does not res[ only on Mr. Toia's side ofthe wall. Jt also upplies to our Fumily. We have liveJ in our home for 7 years prior to Mr. Toiu's arrival. The good neighborly relu[ionship has been dissolved by the decisions Mr. Toia has mude, he and only he i,s responsible for his decisions. Suzanne Pride is not the issue. She did not give permission to build an illegal shucture, she did not(odge a complaint as a result of u confrontation. The Ci[ies Legal System and Code of Conduct is based on Law, Ordinances and Order. It is the City's job to protect aur Famrlies properry rights us elected officials and us City Staff Empdoyee. In Conclusion 1 ask ynu Ms. Limont for a11 of the Jorgoing reasons ta exe�cise the authority grunted to you and deny Mr. Toia's variattce reyuest # OS-261 fos galf barn and work shop with in set back code. Respectfully, /, � " ; � �� � ``/G�' � ��� c Mure Giovenne[la 1 Sequoiu Dr. A[iso Viejo, Ca. 92656 PO Box 268N Palm Desert, Cu. 92261 4 369 __ � �y��� rc�uy� �rt,��«, K:�;,,; NOV 1 41Q08 4tr 1 Q(1 Bt:rtowced I.ane Palm DGvex� CA 92260 „ _. .. _.�._..____.__.._iv2 i Ianuary 20, 2008 _ � To Whom it Mey Co�arn; We are two of the co-ownas at 4Cr I 00 Bietvwecd I.ane,aod we are writing to ezpress �aP�Y of the propa4y toc�ted at.A6-020 B�arovweed Lane, cianmtty awnod by ?c�rbaei Toia Thia property is at die coraa of B�vrowced e� ?ron�'ood, �tiall ="'-�a"�Pa'•4t�€-entry to o�biocY, w�ich eads in a cul de sac. ta•g�is vexy defining for the block. — _ _ _.___- For multiple Years,Prior owners ofthe Pae.�e s� !+� ,�^G� le- ir x"ail +mo complete diste�air. The home was an obvious blight. The y�*d c��,� w a,a�fG f'+e Y,ome w�s�t receiving �dad ;�aiarrnAn�. ��e ��.rnr . �*�o �-ca::;,d �m.cr i- n, r.�;;�„ -�-�;: ;r a�es visi?+1N fiVCTI rm^�amv'r '�.^ ;,'_�C°{ YditL�.iu� J.:,c, ;.�'13 Y.^,'ktCt !:E �'k:?t, :li'.FB�E ft� C ' z.- �?'23t�,Ily. 't"�ESE S-riq-�'ErvlE� A2� FAISE � a i� >�? a� ,en jiv� wrn lcui renova�� and reiends .°-�csan. � :_r,=�raer t�g�y at:eac :�ew;s a gaod mazch for the very upscale ,� -;e � ';e ,;���ei side o Fronwoo� r_:= �. ��.e ueric .?�s been doae r�stefvlly, witE desert �auds;,apir�and c�oi'dineted arclutecture. We have noticed the new golf-cart garage adjaceat to tl�e main gerage. h is a very 8ttractive addition,infegrated with the e�tisting structure so as to appear part of the orignat dtsign. Co�istent with many other homes in the neighborhood, it is truslt agai�st the plot li�. 772e work done on 46-020 is a very,very welcoau imnrov�eat to the�of our neighborhood a�an esset m home vaiuEs. We applaud the ciunent owaers for their effort. Siocerely, � � „ yt Mary el KeIly 1.�4� �� �_ Kadileen Kel:`v �� �� 11� I-1 � �3 7b ,�„�rc.� . . ,,.. ....� s. � -y , �� y �� , � ; "`.�� �=� •, � - _�z..;. ,; ..y�.:c�. "� � `p.: l ySl; � � i�'�� �S � ��. �-1 . Alq -- "�.'� y. �'{ R. _ y �� � { �3 r ,� ,�� `�' � � ..sq'J" , ,. ���� . . - L ' .i�^��........... . .. �t �� �k�.: F _ � � , P � � � �:,�,�r r . _ i� � � �� � � �� : � �,: �._ , � � ��' � � �� { � �_ . :���- � - � 4 � �� ' � � � z� = �� . Y. �� � �^� �§£ ' ��; q� .. _ �� �F�� � 1S .xs r � X T� - � . '. ��; �i l ����.:-:� �;. vr y `.��` t _ x,� '�-�'�?�'� . � �� � t µ � � y,:. �:. A +� ' l '� £ �� J� Y ]Y H } ?i�' 46': � �.y �1`iv� • h .d - t; � . se "�",�"i� #*`�k'S :�. .. - ��.a .:.yY.�{ ... ,�' . + � .,�;u� �° : � 5 "�'.,' ` �i�. - .� . <1 � � . ' � . � �� �i .. .. .. . � // The pre-existing ' �,� ; `� carport was more � � than 25 years old. It K�� � t,,Y �_ . ��:, consisted of a nine � � � �� � foot wooden gate � e ���'"_ with an aluminum roof structure that � extended from the � ;;, ` garage to the ` common wall. �� .- _-�.�;�, �. ,:, '-�-�� _ �.-.� ` � `'� The gate was very �` heavy and dificult to " .� . ` open and close. p��g-��� - �"h . � �� � �.r � � � � .. ... �.�i } � 3� �� ` �.�� S. . j.„� ���111 a r`f � ��' It was quite an eye = �'� �µ ' �� sore, was subject to ` �r � �`= . "� the elements and � � � posed a security / V���� , vandalism issue. ;� �-�� � ' ��'�� " ��: �. � � , ��+�" � � . � , . r� �:� � P��1"P'� ".�'' ..��' � �: ,�� � � t= _ 3 7� , �, � � ��.- w t , ��,-_,s,, , '�� �., . � " � � „ti. . � •,y Y � _ � . � •� � � � . ,. Ir ,,�` i ' � •1��� K � � , � �� � �" :� � .: �.� � � � � ���� I: {_ � ^f � � ' \� ' � ,-� I�� • � � � � �� � ��� , � �w �"r I � � � � I , � � � � .� ' ; � �. � s ,I ,' " " _ _ _ ' .� � i �; ` . y , � � - 1 � C� l ,�� /� �� �'r - �$ .. 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' ,M . .�.: � � . � � .ti.w . w � t . - '.A. y �' 9��X . .,a1.. _z.�.� ..�,:, -:- o I m a , ;f�, �J m. snys,�, b �2t"^7�` � _ w "� '„� m � \� a � ,� m = � a —_ ._ .,� , _ f m -�-.3 „ ...,,.�.„, . m 3 - �Ml��,.�.�"`"�«^P""' � m � �sa}�� O m �e� ..-. . < 7 m e! 7 S W A � � � er � S � N � 7 � am 'm o �' 3 0 3 m o 3 �, O y ..,.,,.� �";*,�" � ���� o g av�*�... _ � �.�*." a � � _ - � P �i _;.�..�- � — � �:.,s-:�: � d m ��.-------�- --,: : .-� _ m� ,._ . _ �.. m ^' -� - � - 0 c�o � °",', m ��° : F `* �', s � � �-6�::: � � 9 , o' °f , '� _ 3 3 :. - z, - `C . F � =� � �. m � � _ � a� RA�l9�D bftRRIER � ��, .� ,;r;�:�.�"'�'a3 �: F. � F� � 4� ��� � �,+� �ix� � � ; �+�"'��°� �Si i `� .-� . ... . . _ „Ep� ... wr ^d ,,i „ � ..y,�� " + . . "�6-e To temporarity prevent drainage over the common wall 1 lnstalled a barrier. �i''� � "'a+�r4� . ,i , '� � u � � ' i.: �M� 11YY� ( � J .. ,��; �h,� f4..�ir ` ,�.�, . . (��..L � {Z�t l��C't� : `x �6r ., . � � F> >.� '; �' �` W V4 S Ll M1 l'� � 'CO ��� .`v,A t�UR gte� oF WAu- '��y.� uC>,'r r t , t f�q� � d y�`�s .'4' �l.l�h Y,�L�"� t�� l'��. � 1 �. 'S,',.� 'v,u' sl. i �� The barrier successful�jr diverted all drainage onto our side oF the wall.