HomeMy WebLinkAboutDI 94-01; Kaffka Residence; Discussion Item (DI) (6)..
FEBRUARY 2,1995
MEMO
TO: CITY MANAGER
FROM: Assistant Planning Director &d
VIA: Community Development Director
JANUARY 26,1995 LElTER FROM MR. AND MRS. KAFFKA
The following is a response to your request for background data on the Kaffka
application.
The Kaffka's have proposed to build a home in the custom lot planning area No. 13 of
Aviara. The Aviara Master Plan requires Planning Director approval of a site plan for any development within Planning Area No. 13.
In July of 1994 the Kaffka's entered into discussions with City staff regarding their
proposed design for a home on lot No. 264. Since they were proposing to encroach into
and onto a 19 foot high manufactured slope that separated their lot from lot No. 265,
they were told that they would also have to apply for and process a hillside development
permit (HDP). The Kaffka's objected to the hillside development permit requirement and
spent the next three months trying to convince staff that their proposal was not subject
to the requirement of the Hillside Ordinance. Staff at all levels consistently adhered to
the position that a HDP was required.
On October 14, 1994 Kaffka's proposal was officially denied so that an appeal process
could be initiated. It took until November 15th for Mr. Kaffka to submit information
required to process the appeal. Following a two week review of the materials, the appeal
was scheduled for the first available Planning Commission meeting - January 18, 1995.
The week before the scheduled hearing the City Attorney requested a major revision to
the staff report to clarify several legal arguments. Staff was unable to complete the
revisions in time for distribution to the Planning Commissioners, so we requested that the
item be continued to the next (February 1, 1995) meeting. Staff felt that the continuance
would also give the applicant a fair chance to preview the restructured arguments.
A more detailed timeline is attached as well as the staff report to the Planning
Commission. On February 1, 1995 the Planning Commission unanimously denied the
Kaffka appeal.
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CllY MANAGER
FEBRUARY 2,1995
PAGE 2
%k GARY WAYNE
Assistant Planning Director
ATTACHMENTS
1. Kaffka Timeline
2. Staff Report dated February 1, 1995
KAFFKA TIMELINE
07/94
10/14/94
10/24/94
1 1/15/94
1 1 /29/94
1 2/01 /94
01 /09/95
01/13/95
01 /13/95
01 /2O/95
01 /23/95
0 1 /26/95
01 /30/95
01/31/95
02/01 /95
Discussion with City. Applicant told he would have to comply with
Hillside Regulations and could not build on 40% slopes.
Site plan submitted to City. Applicant discussion with staff regarding
project specifics while attempting to convince staff of his position.
Would not accept staff encroachment allowance of 6' and 12'.
Letter of denial by Planning Director mailed to applicant. Also informed
he must provide additional information and pay appeal fee.
Applicant appeals Planning Director's decision and pays fee but does
not provide additional information.
Additional information received by City.
Report/Review complete by City.
Last day to schedule for first available Planning Commission meeting on
1/4/95, but due to large Rancho Carrillo project is not scheduled on this
date but instead set for 1/18/95.
DCC meeting with applicant.
Requested by City Attorney to restructure and clarify staff report. Staff is
unable to complete in time for 1/18 meeting and reschedules item to
2/1/95.
Applicant notified by phone of rescheduled hearing and that revised staff
report would be available ASAP.
Staff report delivered at 2:30 p.m.. Requested applicant's comments by
5:OO p.m., January 23rd.
Applicant notified that some additional corrections were being made.
Revised report faxed to Mr. Kaffka on 01/24/95 at 250 p.m.
Applicant comments received.
Planning Commission briefings.
Planning Commission briefings.
Planning Cornmission meeting.