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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