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Home My WebLink About1983-08-16; City Council; 7471; Crisman, K.J. building permit extension appealRB#ZY7/ MTG. 8/(16/83 DEPT.BLD a RECOMMENDED ACTION: TITLE. . APPEAL OF K. J. CRISMAN FOR EXTENSION x CITY MGC OF BUILDING PERMIT Uphold the decision of the Director of Building and Planning, and deny the request of K. J. Crisman for an extension of his building permit. ITEM EXPLANATION: The building code provides maximum time limits for building permits. 180 days after initial application. This allows up to 360 days to start construction. A building permit for a four unit apartment at 3255 Madison was issued to Mr. Crisman on November 24, 1981. Mr. Crisman requested and received a 180 day extension on May 20, 1982. At that time he was notified that no further ex- tensions could be granted. His permit expired on November 20, 1982, 360 days after the date of issue. Less than one-half of the perimeter foundation was constructed and inspected. They expire They may be extended a maximum of 180 days. Industry standards and department policy state that work is commenced when the perimeter foundation has been inspected and is in place. There is another reason why this permit has expired. provides that the permit is voided if work is suspended or abandoned for 180 days after work has commenced. No work was done on this project from November 24, 1982 to date, a period of more than 180 days. Time limits are placed on permits to keep projects current with building standards and general city regulations. For instance, further extensions of this project would circumvent new energy conservation requirements, payment of a business license tax and a general plan designation that no longer permits four units on thi s property. The Uniform Building Code Under the code, the permit may not be extended. FISCAL IMPACT: Loss of approximately $4,000 in business license tax revenue. EXHIBITS : 1. 2. Letter from K. J. Crisman requesting appeal. 3. 4. Building Department Policy No. 83-29. 5. Location Map. Memo from Director, Building and Planning to City Manager. Letter from Director, Building and Planning to K. J. Crisman. July 22, 1983 TO: CITY MANAGER FROM : DIRECTOR OF BUILDING AND PLANNING CHRONOLOGY OF CRISSMAN PERMIT, 3255 MADISON 1. 2. 3. 4. 5. 6. November 24, 1981 Building permit issued May 20, 1982 180 day extension from May 24, 1982 granted. Although notification is not required, Mr Crissman was notified by letter that no further extensions could be granted. November 24, 1982 Permit legally expired. November 24, 1982 Retaining wall portion of foundation inspected. (footing for wall} April 15, 1983 Mr Crissman requested information about refunds for project. See attached letter explaining refund procedure. May 26, 1983 Mr Crissman requested 90-day extension from City Manager based on footing for retaining wall. City Manager referred to Director of Building and Planning. 7. June 8, 1983 8. July 5, 1983 Memo to City Manager explaining why building permit could not be extended. Letter from Director of Building and Planning to Mr Crissman reviewing request, ruling that retaining wall footing is minor and does not start work on project, and denying extension. MA &k TIN ORE DEVELOPMENTAL SERVICES BUILDING DEPARTMENT Qitp of Qar1s;bab April 15, 1983 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008-1989 (619) 438-5525 Jeff and 'Pam Crisman 3062 Madison Street Carlsbad, Calif 92008 . Building Permit 81-431 3255 Madison Street i We are sorry to tell you that your building permit has expired. The Uniform Building Code provides for one 180-day extension which you received. There is no provision for further extension in the code. At the time you were issued your building permit you paid sewer fees of $2810, sewer permit 1832. This amount will be refunded to you upon written request or applied to sewer fees for any new building permit issued to you on the subject property. Unfortunately we cannot refund the building permit fee. If you need additional information, please telephone Carter Darnel1 in my office. \ MARTIN ORENYAK,o!)IRECTO~ OF BUILDING AND PLANNING .',. . . -- This letter is to request a formal Appeals Hearing reguarding the above referenced Carlsbad Building Permit. The pernit was prematurly voided by the Building Director, this coming prior to the 180 day period allwed (abandonment) by the Califorlnia Vnlfon Euildj-ng Codes. I have enclos-& a cc~y the Bnildir,g Inspection Card. <L - I will be available for discussions on this matter at my office (434-5662) or ny residence (729-40821, and Tlease contact me if you have any questions, I wish to resoive tention in this matter. KJC/pc Enc lcsure cc: John Eargrove, Esq. .d P.O. SOX 624 0 CARLSBAD, CALIFORNIA 92008 8 (714) 729-7653 I 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008-1989 (6 t 9) 438-5525 -- DEVELOPMENTAL SERVICES SUILDING DEPARTMENT July 5, 1983 Jeff Crisrnan 3062 Madison Street Carlsbad, Ca, 92008 3255 MADISON STREET I hzve again reviewed your request for an extension of building permit 881-431 for construction of four apartments located at 3255 Madison Street. .* The only inspection on your project was made on November 24, 1982 for a retaining wall. ..- This retaining wall is part of the foundation but,in MY opinion, was minor and could not be considered as commencing work on the project, Whether construction actually started on November 24, 1982 becomes a moot point since work has been,abandoned for more than 180 days. As was indicated to you previously, I do not have the authority to extend your permit; however, you can appeal my decision to the City Coutici 1 . 'MARTIN 4k&a OREPIYAK MO:gl cc: City Manager ACM/DS POLICIES AND P.3.0CEDURES -. I S U B 3 ECT : BU I LD I FIG P E RM I T EX P I RAT I 0 N I SUPERSEDES : -0 - I I T' I PURPOSE': To provide an interpretation of Section 303 (d) of the Uniform Building Code. POLICY - The code states that every permi.t shall become null and void if the work is not commenced within 180 days. "Commenced" is when the perimeter foundation has been inspected and is in place. The code also states that permits become null and void if the wark is suspended or abandoned for 180 days "Abandoned" is when the owner/contractor quits work on the project. "Suspendedi; is when substantial construction has not occurred within the 180 day period Nailing a few studs each six months I i i will not prevent the permit from being. suspended. 1 There is no situation where the issuance and commencing of the same subdivision Each permit stands alone. P IC_ 4 one permit vests another permit on the same property or in 1 a 1 B i B xc: Ron Beckman City Attorney I ,F - 1_- -- __I i Approved BY: - ___-_._ City blanaqcr --,a \I 'c initiated By: L- 1 I _I_- --* l%F- I " ti 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the Ciiy Clerk , September 2, 1983 K. J. Crisman P.O. Box 624 Carlsbad, CA 92008 Re: Request to Address Council TELEPHONE: (71 4) 438-5535 Your request to address the City Council regarding extension of your building p&mit has beefi placed on the Agenda for the meeting of September 6, 1983. Enclosed for your information is a copy of the agenda. Your item is number 26 on the agenda. WN R. KUNDTZ Deputy City Clerk Enc . 3 1 ., .. t' l 'L - l- I 5, / / ! :i I i r -- I I I i f' I 3 .- '. 7? ti i: L'Q , .il 1 I !J I L ' (9 n I- ---I 1 Q -I- t--- *6- I .. 'I: ., - 7