HomeMy WebLinkAbout1978-08-15; City Council; 5539; Request to Reactivate Building Permit Issue Sewer Allocation for 1165 Hoover Street Applicant Joseph Gallagherr
r—
47
;• 0
CITY OF CARLSBAD
AGENDA BILL NO..aS;3 Initial:
Dept. Hd.✓PA2
D.&TE: August 15. 1978 C. Atty.
DEPARTMENT:_ ENGINEERING C. Mgr.
Subsect: I
'MQLEST TO REACTIVATE BUILDING PERMIT AND ISSUE SEWER ALLOCATION FOR 1165
HOVER STREET .(APPLICANT: JOSEPH GALLAGHER)
Statement of the Matter
Mr. Joseph Gallagher applied for a 'bui.lding .permit to construct a single-family residence
at 1165 Hoover Street on Septenber 7, 1976. The building plans were reviewed by the
City.and returned to the architect shortly thereafter. On April 26, 1977, the sewer
moratorium.(Ord. No. 7047) was passed exzunpting building permits filed previous to
April 19, 1977. At this tiire,.Mr. Gallagher states he contacted the Building Department
and was informed he was exenpted from the moratorium and could continue seeking his
building permit. Again in August of 1977, Mr. Gallagher states he contacted the Building
Department, explained his reason for delay; and was assured his sewer availability was
not in jeopardy. A soils report, dated August 12, 1977, was accepted and filed at this
time. In May of 1978, Mr. Gallagher submitted his corrected plans.and was informed he
needed a coastalpermi.t and the original checkprints. On June 29, 1978, Mr. Gallagher
returned the original checkprints and was, at this time, informed his building permit
had expired six months after the application was'submitted as per Section 303 of the
Uniform building 'Code. , Therefore, Mr. Gallagher's permit had expired on. February 24,
1977, a month before he first contacted the Building Department in Zpril.
Mr. Gallagher believes it was not fair or equitable for the City to inform him at this
time that his permit was not valid. As a result, Mr. Gallagher is appealing to the
City Council to reactivate his building permit application and grant a sewer allocation
for his project. Council may, by resolution, reactivate Mr. Gallagher's building permit
application and grant him sewer allocation if it finds:
1. The City had unduely led Mr. Gallagher to believe his permit was still active
when, in fact, it had expired on February 24, 1977; and,
2. That Mr. Gallagher had, in fact, been actively pursuing his building permit•
issuance for the entire one year and nine month period.
Based on the information obtainable, it is staff s determination those findings cannot be
made and the building permit application should not be reactivated.
Exhibit
1.•• Letter -from Joseph Gallagher to Carlsbad•City Council dated July 25, 1978.
2. Letter from City Engineer tb'Joe Gallagher, Jr. dated June 30, 1978.
3. Copy of paragraph (C) of Section 303 of Uniform Building Code as it relates to expira-
tion of plan checks.
Reeomnendation
That City Council deny the applicant's request to reactivate his building permit and not grant
a sewer allocation for thiss'project.
c
�. i
k7
f—,
AGENDA BILL NO. 5539 -2- August 15, 1978
Council action
8-15-78 The Council approved the applicant's request to reactivate his
building permit and to grant a sewer allocation for the project.
K
+ CC:
y
C"&
c� C Y .
July 25, 1978 �c�-'»_ ocr�%
0 r
Carlsbad City Council
1200 Elm Avenue « Goa
Carlsbad, CA 92008
Gentlemen:
I would respectively ask for a hearing before the City Council
regarding a sewer permit- allocation on my lot located at
1165 Hoover Street, Carlsbad, California, based upon the
following facts:
I submitted building plans to the City on September 7,
1976 for a single family residence.
The building plans (building application #76-153) were
retasned to my architect shortly thereafter for
corrections.
I experienced difficulties in getting my planning
corrections completed, my architect refusing to take the
time to complete them; and lost my loan committment with
Bank of America and my contractor.
The sewer moratorium was passed in.April of 1977; at -that .
time I contacted the Building Department in person,to
determine the status of my application. I was informed
that I had received a sewer allocation at the time the
sewer moratorium came into effect, and I was assured that
I could build on my property at any time.
Based upon those assurances, I contacted another contractor,
retained a soils engineer and secured bids for the
construction of.the site.
Again in August of 1977, I contacted the Building Department.
in person accompanied by my contractor and was again
assured my sewer allocation was not in jeopardy and was still
active. However, I was still unable to acquire my original
building plans and corrections from the architect and I
informed the Building Department of this problem but that
I was still pursuing the matter.
In May of 1978, having finally gotten the plans and
corrections from the architect, I submitted them to the
City of Carlsbad for approval. However, I was told at
that time that the original plans were necessary also.
I was also advised by the planning staff to apply for my
coastal permit at that time which I did.
t
K
Carlsbad City Council -2- July 25, 1978
I returned the plans and corrections for plan check on
June 29, 1978 at which .time I was informed that my
building permit had expired six months after its first
submittal in September of 1976. However, I never took
out my permits having been advised by the planning staff
that the allocation was sufficient.
At no time during the two,year period was the six month
expiration term mentioned. The opposite was true, I was
assured five or six times by planning staff that the
sewer allo,.;acion way definite and to continue with my.
building program. in good faith I expended monies
for drafting, soils engineering, coastal permit, contractor
fees, based upon those assurances.
I -do not believe it is fair or equitable at this time to tell
me that my sewer allocation is not valid after all the prior
assurances. I would request that the City Council grant the
sewer allocation that has -now been rescinded by the Building
Department.
Sincerely,
Joseph A. Gallagher
f
4305 Sea Bright Drive
Carlsbad, CA 92008
729-7502 (Home)
729-4450 (Work)
June 30, 1978
•' Gallagher, Jr.
4305 5eabright
Carlsbad, CA 92008
Subjects jects wilding Permit Application 76-153
(1165 Hoover Str080
Dear Mr. Gallagher:
in viewing your request for issuance of a building permit
for a single-family residence at 1165 hoover Street, it appears
that the following events have occurreda
1. Building permit application was submitted to the City
on September 7, 1976.
2. First Plan Check was completed shortly thereafter
(September 14, 1976),
3. Building permit application returned to applicant for
corrections (no date ascertainable).
4. Sewer Moratorium passed on April 26, 1977, which exempted
those projects in progress and actively pursuing
building permit issuance.
5, Soils report prepared for applicant on August 11r 1977.' z 1
6. You indicate that several times since picking up the .
plans for correotion, you were in contact with the >!=
Building Department, and at no time were told that {
your 1976 application was no longer active.
7. Approximately three weeks ago you attempted to resubmit
corrected plans, but were informed that this second sub-
mittal most include the original "check print." so that
the corrections could be verified,
8. 4n Jung 290 1978 you returned the cbeck print and fry
corrected sans Fusd were inforred that (a) there was Y
P ;:. °
•ten ?Y .�,�
—1 1
K
r
Jura 30, 1973
StabJe rt3 Building P*Xzit S"Pplication 76-153 (1155 Hoover St -Vest)
a axi;astion as to whether your application was still
active and jfhather sewer service was available, and
(b) zzew Mate regulation9 would raquire plan revision*
for all building pexasitsa not issued by the following
day (,Tuna 30, 1973) .
I have reviewed your application with the acting Building -
Official, and it has been determined that your original pexmit
application of September 7, 1976 has oxpiyed.
Accordi.ngly►, with then oxpiration of your application, your
project is not exempted from the surer moratorium* and we cannot
accept a now building application.
I would suggest thatt , .you apply for sewer allocation when
uswer capacity become avMTable. By copy of this latter to
the City Manager's office, I am xeguestingg that your rams be
added to the list of hose Who may be intezvated in applying for
sever allocation when available.
Yours very truly,
Tim 3r"oZO ACAN
City Z,nginaer
TCrtpr
co; City Manager .
—Public Works Administrator
Planning Department
Building Department
Current Development
E
K
4
Section 303, paragraph (C) of the Uniform Building Code 1976 Edition states:
Applications for which no permit is issued within 180 days following the
date of application shall expire by limitation and plans submitted for
checking my thereafter be returned to the applicant or destroyed by
the Building Official. The Building Official may extend the titre for
action by the applicant for a period not exceeding 180 days upon written
request by the applicant shaving that circumstances beyond the -control
of the applicant have prevented action from being taken. In order to
renew action on an application after expiration, the applicant shall re-
submit plans and pay a new plan -check fee.
1