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HomeMy WebLinkAbout1976-11-16; City Council; 4008; Request Waiver of Public Improvement Ordinance Clinton B Call 2248 Jefferson StreetCITY OF CARLSBAD L?�C AGENDA BILL NO. !1 D Initial: Dept.Hd. RB/s/ DATE: November 16, 1976 C. Atty. /s/ DEPARTMENT: Public Works C. Mgr. Subject: REQUEST OF WAIVER OF PUBLIC IMPROVEMENT ORDINANCE Clinton B. Call - 2248 Jefferson Street Statement, of the Matter Mr. and Mrs. Clinton B. Call were required to sign a Future Agreement for installation of street improvement when they applied for a permit to build a residence at 2248 Jefferson Street. The Futurergreement was signed and the building permit was issued. A letter from Attorney John Loy on behalf of Mr. and Mrs. Call has been received, requesting waiver of the provisions of the ordinance. Exhibit Letter from Attorney John Loy to City Council dated 11-1-76. Staff report dated 11-8-76 Recommendation That City Council deny the request for waiver City Council 11-16-76 Following a lengthy discussion the Council denied the request for waiver of the provisions of the ordinance. —1, 1 LAW OFFICES FEIST, VETTER, KNAUF AND LOY RAYMOND F. FEIST NORMAN L. FEIST 810 MISSION AVENUE_, SUITE 300 ROBERT C. KNAUF POST OFFICE BOX 240 JOHN I. LOY SUZANNE W. KNAUF OCEANSIDE, CAI_IFOR.NIA 92054 GIBSON E. PRATT RAYMOND F. FEIST, JR. CHARLES LEE CURRIER November 1, 1976 ,The City Council of the City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Attention: Mr. Paul Bussey City Manager Gentlemen; Re: Chapter 18.40 Municipal Code of City AREA CODE 714 TELEPHONE 722-t914 Its the attorneys for Mr. and Mrs. Clinton D. Call, this letter is to request, on the part of Mr, and Mr:. Call, that the Council waive the requirements of Chapter 18.40 of the City's Code in connection with their application is,)r a building permit for 2248 Jefferson Street, Carlsbad, California. Mr, and Mrs. Call, as a condition for the issuance of a building permit for the construction of a residence to replace a former residence on the same lot at 2248 Jefferson, were re- quired to execute a contract agreeing to make public improve- ments to Jefferson Street in an estimated amount of some $3800.00. The City representatives based their requirement for the agreement on the recently enacted Chapter 18.40 of the City Code. Mr. and Mrs. Call request that the Council determine that the requirements of Chapter 18.40 do not apply to their building permit application and/or that a waiver of such requirements be granted and that the agreement heretofore executed by the Calls under protest, be rescinded. The Calls further request that this matter be placed on the Council's agenda at the earliest practicable time. Enclosure: cc: Mr. and Mrs. Call Very truly yours, FEIST UETT� N OF I By:John I. Loy Attorneys for r, AND LOY and Mrs. Call November 8, 1976 MEMORANDUM TO: City Manager FROM: Public Works Administrator SUBJECT: Appeal of Mr. & Mrs, Call Mr. & Mrs. Call applied for a series of permits to allow them to demolish an existing 800 square foot structure located at 2248 Jefferson Street and replace it with a 1530 square foot structure valued at approximately $38,379. Among the conditions attendant to the issuance of the building permit as the fullfill- ment of the requirements of the Public Improvement Ordinance (Section 18.40 Municipal Code). The Future Agreement was pre- pared by City staff, signed by the Calls and the building permit was issued on October 29, 1976. On November 1, 1976 a letter was received from the Call's attorney requesting that council determine that the requirements of the Code do not apply to the Call's project and/or waiving such re- quirements. Section 18.40.100 of the Municipal Code provides that "Upon written application accompanied by a $25.00 fee the City Council may by resolution waive or modify the requirements of this chapter if they find that: (1) The street fronting on the subject property has already been improved to the maximum feasible and desirable state recog- nizing there are some such streets which may have less than standard improvements when necessary to preserve the character of the neigh- borhood and to avoid unreasonable interference with such things as trees, walls, yards, and open space. (2) The granting of the waiver or modification will not perpetuate a hazardous or defective condition or be otherwise detrimental to the health, safety or welfare of the residents of the City." it is the opinion of staff that the findings necessary for application of Section 18.40.100 do not exist and that a waiver should not be granted. 1" - -1. 1 K City Manager November 8, 1976 Page 2 Regarding the Call's contention that the code does not apply to the project, it is the opinion of staff that the project qualifies under code Section 18.40.040 - purpose and intent, and under Section 18.40.040 - public improvements required. Furthermore the project does not qualify under any of the code provisions allowing exceptions. Findings of staff in this case were that the need for public improvements existed. This is made obvious by the fact that Jefferson consists of a two lane roadway with unpaved shoulders. The project qualifies for application of the ordinance in that it was new construction (the old residence was demolished) and ex- ceeded $10,000 in value. The building permit estimates value at $38,379. Because conditions i, and 3 of section 18.40.010 were applicable in this case, the Call's were requested to sign a Future Agreement in lieu of construction of improvements. This is what they are appealing to the City Council. RECOMMENDATION: It is recommended that the City Council deny the rquest for waiver and/or appeal made by Mr. & Mrs. Call. Ronald A. Beckman '� Public Works Administrator RAB/wv J 1