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HomeMy WebLinkAboutDenial of Exception - Roof Deck 73271 Buckboard Trail - J. FeffordsCITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: RECOMMENDATION FOR DENIAL OF AN EXCEPTION FOR A BUILDING PERMIT THAT WAS SUBMITTED BEFORE THE 45-DAY INTERM MORITORIUM TO ALLOW A VIEWING ROOF DECK LOCATED ON A PROPOSED CASITA ADDITION AT A RESIDENCE IN SOUTH PALM DESERT LOCATED AT 73-271 BUCKBOARD TRAIL. SUBMITTED BY: Kevin Swartz, Assistant Planner APPLICANT: James Jeffords DATE: March 8, 2012 CONTENTS: Letters in opposition from neighbors Photographs from proposed deck locations Roof Deck Notice Map Recommendation: By minute motion, that the City Council deny an exception to a current moratorium to allow a viewing roof deck on a proposed casita addition at 73-271 Buckboard Trail, subject to conditions. Executive Summary: At the February 12, 2012 City Council meeting, the City Council continued this item to the March 8, 2012 meeting, requesting staff to notify the adjacent neighbors. Staff notified eight neighbors, five within Silver Spur Ranch and three within Monterra Country Club, which is located to the west of the applicant's property. Staff received two letters in opposition and three verbal responses in opposition of the applicant's request, each stating privacy concerns. Staff initially recommended approval of the roof deck, but after notifying the neighbors and having four adjacent neighbors object, staff has changed their recommendation to respect the neighbors' concerns for privacy, which could be comprised if landscape screening fails to thrive. Discussion: On January 11, 2012 the homeowner submitted building plans to the Department of Building and Safety for a 974 square foot casita, with a viewing roof deck. The proposed casita is 14'4" in total height. The viewing deck elevation is 10 feet above grade with a 4'4" parapet wall built around the roof deck. Except for a small section, the homeowner has 15' of existing landscaping around the east, west, and south property lines, which block all Jeffords Roof Deck March 8, 2012 Page 2 of 2 neighboring views. Staff visited the site and stood on an eight -foot tall ladder looking in all directions, and took photos which are attached to the staff report. With the exception of a short portion of wall in the southeast corner of the property, staff did not see any concerns with potential privacy concerns. The homeowner has voluntarily agreed to add landscaping in the area described, and to maintain the landscaping and record the conditions of approval to his property. Silver Spur Ranch Homeowner's Association originally approved the construction, but had concerns about the use of the deck. An HOA representative spoke at the February 9, 2012 City Council meeting and stated that Silver Spur agrees with the moratorium on roof decks, and wants to protect their homeowners' privacy. Staff received two written responses in opposition to the exception, which are attached to the staff report; each states their concerns for privacy. Staff also spoke to three neighbors who were also concerned with privacy views. Since new evidence has surfaced in regards to the neighbors in opposition concerned for their privacy, staff has changed their recommendation. Opponents can rightly argue that if their screening landscape material dies, is over pruned or under watered, or must be replaced, their privacy will be comprised until the situation is resolved, which could take months or years. Submitted by: Department Head: Kevin Swartz Lauri Aylaian Assistant Planner Director, Community Development CITY COUNCTLAFtm APPROVED DENTED RECEIVED OTHER hn M. Wohlmuth AYES: :y Manager NOES: ABSENT: Ley ABSTAIN: AWUI , VERIFIEI) BY- ECklWaS Original on File with City erk's Office Swartz, Kevin From: Kevin Crane [kacrane@usa.net] Sent: Saturday, February 18, 2012 2:02 PM To: Swartz, Kevin Subject: Building Permit Exception 73271 Buckboard Trail Dear Mr.Swarz: My name is Kevin Crane and I reside at 73-291 Buckboard Trail. I received the Public Notice regarding the proposed roof deck at 73-271 Buckboard Trail. The location of the Casita is in the common southeast corner of our respective yards and a roof top deck would compromise the privacy of my back yard, swimming pool, Jacuzzi and bedroom. Over the years I have invested a lot of money to develop privacy from my neighbors to the south and finally felt that I had achieved my goal. This proposed roof top viewing area if approved would make all my efforts in vein. It is further noted that I have heard from other neighbors that the owner is or is planning on using this property for vacation rentals. It is my understanding that the City requires permits for such purposes and I would hope the owner has obtained one if he is using the property for this purpose. Therefore I wish to go on record as being opposed to proposed roof top deck. My privacy and views have already been invaded over the years with out notification from the City, so I want you to know I appreciate the notice regarding this one being mailed to my house. Kind Regards, Kevin Crane 73-291 Buckboard Trail Palm Desert, CA 92260 760-674-0944 760-799-9157 (mobile) Swartz, Kevin From: Betty Neumann [drbetty@hotmail.com] Sent: Monday, February 20, 2012 8:18 AM To: Swartz, Kevin Subject: public notice Dear Mr. Swartz: In receipt of your letter in regards to a building permit for a viewing roof deck located on a proposed casita addition ( across the street from our house) at 73-271 Buckboard Tr. Palm Desert. I was under the impression second stories were against our CCR's. It seems to me that he will be viewing a house lot directly behind him full of junk, the house on the corner of Broken Arrow. Also a direct view into two other lots that tried to maintain their privicaies. If this is allowed then there will be more to come. Years ago, north to the east of the park someone want a second story, I believe that was denied. I think this is a bad proposal, Betty Neumann drbetty@hotmail.com 73280 Buckboard Trail Palm Desert, CA Swartz, Kevin From: Elsie Marsh [elsiemarsh@hotmail.com] Sent: Wednesday, February 29, 2012 8:49 AM To: Swartz, Kevin Subject: james jeffords - viewing deck Mr. Swartz, I have received notice that an exception for a building permit has been requested by Mr. Jeffords on the corner of buckboard trail. I am opposed to the building of a viewing platform on his roof for privacy issues. An exception might set a precedent for this type of building in the future. None of us would like to have neighbors looking into our yards or windows at any hour of the day or night. Thank you for considering the effect this could have on our neighboring properties. Elsie Marsh 48-124 Monterra Cir. E. Palm Desert, Ca. 92260 760-773-0113 C I I y df I'Jd[III JL, IIkI 73-510 FRED WARINc DRiVF. PM.m DESERT, CALIFORNIA 92260-2578 TEL:76o 346—o61I FAX: 760 341-7098 inf c"Pafm-dc—t—g - CITY OF PALM DESERT PUBLIC NOTICE NOTICE IS HEREBY GIVEN to consider a request by James Jeffords for an exception for a building permit to allow a viewing roof deck located on a proposed casita addition in the southeast corner located at 73-271 Buckboard Trail. At the February 9, 2011 City Council meeting, the Council continued the item to the March 8, 2011 meeting at 4:00 p.m. directing staff to notify the adjacent neighbors. This notice is to inform its recipient of the request. If you have concerns regarding the proposed roof deck please contact the case planner Kevin Swartz at (760) 776-6485 or email him at kswartzC@,cityofpalmdesert.org by March 7, 2011. ROOF DECK NOTICE ® APPLICANT Date: - RESPONDED IN OPPOSITION 3/8/2012 - NOTICED BUT NOT RESPONDED ■ e VICINITY MAP Klassen, Rachelle From: Swartz, Kevin Sent: Monday, March 05, 2012 2:41 PM To: Klassen, Rachelle Subject: FW: 73-271 Buckboard Trail For public hearing. From: Slogolfnjane@aol.com [maiIto: Slogolfnjane@aol.com] Sent: Monday, March 05, 2012 12:11 PM cit To: Swartz, Kevin Subject: Re: 73-271 Buckboard Trail W City of Palm Desert Re: City of Palm Desert Public Notice To: Mr Kevin Swartz - Case Planner I am writing to voice concern over the proposed project located at 773-271 Buckboard Trail. I have no objection to a proposed casita addition, but I do have an objection to a second story viewing deck. I would like to see more specific plans as to the exact location. Depending on the location and how much of the vegetation will be removed makes a big impact on our property. The proposed property is right across the street from my home. A second level would have a major impact on our privacy. The second level would have a direct view of my backyard and pool area. It would also present a direct view into the living area of my home. I was also was of the understanding that this area of Palm Desert was limited to single level residences. If this is true, there would be wide spread implications for the community. Thank you for your consideration. Jane Ballard 48048 Monterra Circle East Palm Desert, Ca. 92260 1