CITY OF LODI

AGENDA TITLE: Consider appeal of Anthony D. Azevedo regarding the PIanning Comnission's denial o f his request for a Zoninq Variance to reduce the required sideyard at 1227 South Washington Street in an area zoned R-l*, Single-Family Residential - Eastside.

MEETING DATE: May 6, 1992

PREPARED BY: C o m n i t y Development Director

RECOMMENDED ACTION: Azevedo regarding the Planning Comnission's denial o f his request f o r a Variance to reduce the required sideyard

at 1227 South Washington Street in an area zoned R-l*, Single-Family Residential - Eastside and take the appropriate action.

BACKGROUND INFORMATION: The requested Variance was to nake Idgal an attached carport, which was constructed without permits.

The applicant completed the construction after receiving an order from the Building Division to stop work. Upon completion o f the project. Mr. Azevedo applied for a Zoning Variance and was denied because the Planning Comnission could not determine that a "Zoning Hardship" existed.

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that the City Council consider the appe a 1 o f Anthony D.

FUNDING: None required. I

COUNCIL COMM~N ICATION

JBS/cg Attachments

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APPROVED: ~

THOMAS A. PETERSON w*cm - ClIy Manager

CC.1

CCCD92.8/TXTD.OlC

March 10. 1992

j l n thonv 0. Azevedo

P

CITY OF LODI

RE: Zoning Variance Reduce Side Yard 1227 S. Washington St.

A t I t s meetlng o f Monday, ).larch 9. 1992 the Lodl Cl ty Plannlnd C m l s s i o n denied your request f o r a Zonlng Varlance t o reduce the required side yard from 5 f e e t t o 3 f ee t 4 inches t o permit an i l l e g a l l y constructed carport t o m l n a t 1227 South Washington Street i n an area zoned R-l*, Single- family Residential - Eastside.

I n denylng your request the Planning C m l s s l o n detemined thdt a "Zoning Hardshlp" as descrlbed I n Nunlclpal Code Section 17.72.030(3) d id not exfst.

Section 17.72.110 o f the Lodl h n i c l p a l Code provldes as followf:

"Any appllcant o r person clalming t o be d i rec t l y and ddversely af fected by any act ion o f the Plannlng Comnlsslon my, w l th in 5 days (1.e.working days) a f t e r the action, f l l e a wr i t ten appeal wl th the Clty Clerk f o r t r a n s m i t t a l t o the Cl ty Councll."

Your appeal, i f any, must be I n wr l t lng and should be dlrected t o Al ice M. Reimche. C l ty Clerk, P.O. Box 3006, Lodl, CA 95241-1910, and must be received by her before 5:OO p.m. Nonday, March 16, 1992.

Sincerely,

kS!* C un i t y Development Director

cc: Clty Clerk

March' 16, 1992

Alice M. Reimche, City Clerk P.O. Box 3006 Lodi. Ca 95241

RE: Zoning Variance Sideyard No. A-92-03 . -

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The purpose of this letter is that I ' m requesting an appeal1 to the Honorable Mayor and City Couiicilman. of the City OF Lodi, for t'he fol- lowing reasons.

I received a registered letter form the City of Lodi signed by Mr. James H. Siemers. see copy. informed him that 1 was not aware of being in violation until 1 receiv- ed the letter. I then went to the City Hall and applied for tde w i t . The Building Department and staff informed me that the carport was re- quired to have a permit. 1 stated to them that I was under the iimpress- ion from previous years and in other cities that when ever you 'build a carport detached frm the house that it was not necessary to tdke out a building permit, I was wrong, 1 apologize fot that. certainly would not of built it and there would not of been a problem in getting a permit.

The Building Department gave me the uroper documents for n d t o f i l l out and return them to the City.tky recamended that I should 'apply f a the variance first, and to apply for the variance setback, I ndeded to submit the Plot Plan, Floor Plan, Elevations, Floor, Ceilings, Walls. ar3 Roof Frami ng .

1 contacted Mr. Siemers by telephone and

If 1 had known 1

I then contacted Mr. Larry Bertsch with Bertsch .5 Associatds. to have them draw me up the plans so that 1 could submit them along with my app- lication, because of the Christmas h New Years Holidays it did'not get done sooner. but the City Staff was aware that 1 was proceedin4 to mrply.

On January 8th. I went back to the City and notified City staff. Mr. Eric W. Veerkamp, Junior Planner, that 1 would be out of state from Jan- uary 9th through Janudry 20th. and as soon as I would return I would sub-

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mlt the Plans along with the application, on January 27th. 1 keceived the Blue Prints and on the following day 1 went to the City and abplied f o r the variance as recomnended by City Staff. I paid th? fees ett.

On January 28th I received another notice from the City, ho 1 noti- fied M r . Siemers that I had already applied for the variance hnd the Plans were at the City. had submitted the application.

Ronsko Re: No. A-92-03. stated the Public Works Department ha& no object- ions to the assuance of a variance to reduce the sideyard set1 back require- ments on the Subject parcel to permit the construction of a chrport.

ance request A-92-03, that the Planning Department had reschebuled the re- quest to March 9th. 1992.

the Staff informed me that they were not akare that I

On Feb. 12th 1992, 1 received fra Public Works Oirector.~ Mr. Jack

On Feb. 21st. 1 recieved a letter f r a the City regardingithe vari-

On March 9th when 1 appeared before the Planning Comrnissibn. when Mr. James H. Siemers, Code Enforcement Officer, gave the report tb the Plann- ing Comnission. I was in disbelief and shocked, of the way hei was peserrt-

ing this matter to the board with no true statements except that I was in violation of the carport, at this time I knew that I didn't have a chance I had been shot out of the saddle, before 1 couid address myself to the Planning Commission, if the meeting h.as recorded please take h moment to review.

The meeting was open for Public Hearing, I addressed the blanning C m - mission and stated the reasons of why 1 was applying for the barlance. that during the winter when it rains the driveway leading to the house entrance gets wet and very slippery causing children to slip and fall bnd creating a hardship, and it also helps from the family getting wet during the rainy season, and helps conserve on energy during the cold weather, and hot sum- mer months. It also helps in reducing vandalism, which has thken place on several occa;ions. the City of Lodi Police Department has repbrts on file.

The issue was focused more on that 1 had built a Carport rithout a per- mit and that when the City went out in November 1991 that 1 had continued to work .I ! e carport, that was a false statement, a lie. What was not said wn5 thrr I had appeared at the City and was trying to be in rmpliance.

. Mrs. Sherman, the lady that filed the complaint with the Ciiy. my next

door neighbor. also attended the meeting with oppositions. and Also made false statements to the Planning Commission, same as M r . J a m h. Siemers. she informed the Planning Comnission that 1 nad removed the Red~Tag placed on the carport. that I had planted fruit trees near her propert!. that a bush tree was pushing in to her property, that the swinging doois squeeked, tht the rain was damaging her property and that when Mr. Azevedb wants some- thing he's going to get it. It was all misleading statements. !

My question is that the carport was constructed in 1990. anb Mrs. Sherman never complaint then. This was done in a vendictive way. more than anything else, when Mrs. Sherman asked me to have her old car smoged becbuse it uxlld not pass the test and I didn't do it, she asked me if I could get her son a job in the City of Lodi and 1 didn't do it, and when she asked me to trim a tree in full bloom and 1 didn't do it. But explained to her that i f I tr- i n e d the tree it would go into shock and I would trim it at the right time. Having heard that she is moving away for the City. I clearly understand why she would file that complaint with the City, After all the comments stated by Mrs. Sherman and Mr. Siemers. 1 knew that I would not be granted my re- quest for variance. On Feb. 11th I contacted the Architect and explained to him what had happened he to was in disbelief. I feel that I habe been the target by my neighbors Mr. and Mrs. Sherman and Mr . James H. Siemers which Mrs. Sherman had spoken to before. ation. I as denied.

I also believe that it was b mispresent-

For all of the above reasons I am requesting to the Honorab'le Mayor and City Councilman, that I be given a none Bias, Fair hearing. and perhaps if you see it fit be granted the variance to reduce the sideyard skt tack as recomnended by the Public Works Director, letter dated Feb. 12. 1992. and that I would be allowed to take out the necessary permits so t'hat I would be complying to the existing ordinances.

Thank You for your consideration on this matter.

Sincerely, n

Enclosed are: Anthony 0. Azevedo

Carport Build. Nov. 1990 Lattice and Swing Doors Painting Carport July 1991 - completed Letter from City Dec. 5th 1991 Called City in RE. to Letter Went to City Staff to pickup forms December Went to City seen Mr. Veerkamp Received Notice from City notified Mr. Siemers Received 2nd notice applied for variance Received letter from City Received letter from City Planning Commission Hearing bceived letter form City

May 1st 1991

1-8-92

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1-24-92 1-28-92 2-12-92 2-19-92

3-10-9 3-9-922

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AGENDA

LODI PLANNING COMMISSIOC

REGULAR SESSION

CARNEGIE FORU:, 305 WEST PINE STFcET

LODI. CALIFOPNIA

7:30 PM - MARCI! 9. 1992

ROLL CALL

MINUTES

CONSENT CALENDAR

PUBLIC HEARINGS

TENTATIVE MAPS

a. TENTATIVE MAP 91 P 017 - REQUEST OF TERRY PIAZZA BAlrndACH & mZh-, INC. CONSU LTING E N G I M S ON BE HALF OF -, ET - ALf' approval o f a parce l map t o create two parcels from one parcel a t 801 East S ta te Route Hwy 12 i n an area zoned C-S. Comnercial Shopping Center.

b. TENTATIVE MAP 92 P 003 - REQUEST OF PHILLIPPI ENGINEEkING, INC. -for approval o f a

parcel map t o create s i x parcels from o n e a r c e l a t 2448 West Kettleman Lane i n an area zoned C-S. Comnercial Shopping

ZONING ITEMS

a. USE PERWIT U-91-22 - REQUEST OF LODI HONDA t o ' i n s t a l l programable e l e c t r o n i c d i s p l a y i d e n t i f i c a t i o n s iqn o e x i s t i n g 70' h igh s ign s t r u c t u r e a t 1700 South Cherokee Lane i n an area zoned C-2. General Comnercial. (Consider w i t h Varfance Request A-91-23 below)

b. VARIANCE A-91-23 - REQUEST OF LODI HONDA t o increase khe s ign s i z e t o replace e x i s t i n g 6' X 12' i l l um ina ted s ign and 4 ' X 16' readerboard s ign wi th a 7 ' h igh X 31' wide programable e l e c t r o n i c d isp lay s ign on an e x i s t i n g 70' h igh s ign s t ruc tu re a t 1700 South Cherokee Lane i n an area zoned C-2. General Commercial.

VARIANCE A-92-03 - REQUEST OF ANTHONY D. AZEVEDO t o rbduce the s ide yard setback requirement t o a l low const ruc t ion o f a carpor t w i t h i n the 5 - f O O t requ i red setback.

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PCAGEN6/TXTD. 01C

'TIIvzaUNcIL

&ES W. P I N K E R " . Mya PHILLIP A. F'ENNINO

M r p p m - DMD M. HINCHMAN lACKA.SIECLoc* lOHN R. (Rndl) SNIDER

March 10, 1992

Anthon D Azevedo c-"--r

CITY OF LODI CITY HALL, 221 WEST PINE STREET

PO. Box 3006 LOB. CALIFORNIA 95241-19lO

(209l33.l-5634 FAY 1m 11M795

RE: Zoning Variance Reduce Side Yard 1227 S. Washington St .

A t i t s meeting o f Monday. March 9. 1992 the Lodi City Plannir Carmissfon denied your request f o r a Zoning Variance t o reduce the requi f side yard from 5 fee t t o 3 feet 4 inches t o permit an i l l e g a l l y constructed carport t o m i n a t 1227 South Washington Street I n an area zoned R-l*, Slngle-Family Residential - Eastside.

I n denying your request the Planning Conmission determined thdt a "Zoning Hardship" as described i n Municipal Code Section 17.72.030(3) d i d not exist.

Section 17.72.110 o f the Lodi Municipal Code provides as followf:

"Any applicant o r person clalmlng t o be d i rec t l y and ddversely af fected by any action o f the Planning Comnission may. w l th in 5 days (1.e.working days) a f t e r the action, f i l e a wr i t ten appeal w i th the City Clerk for transmittal t o the Ci ty Council."

Your appeal, i f any. must be i n w r i t i ng and should be directed' t o A l i ce M. Reimche. City Clerk, P.O. Box 3006. Lodi. CA 95241-1910, and must be received by her before 5:OO p.m. Monday, March 16, 1992.

Sincerely,

cc: Ci ty Clerk

Anthony ~ Azevedo Reduce SMeyard Setback

1227 Swth Washlngton Street

VICINITY MAP

Building Inspection Divisiort

PERMIT APPLICATION - RESIDENTIAL - SINGLE FAMILY - DdPLEX

The Building Division WILL NOT ACCEPT any application for a building permit unless all of the following items are submitted or complied with: /-

PERMIT APWCATION FORM: Must be filled out with all dertinent information and signed by the applicant.

PLAN REVIEW FEE: To be paid at time of submittal.

LICENSED CONTRACTOR INFORMATION: A permit for Anstruction may be issued only to the property owner or a Contractor Licensed by the State of California.

a. All Contractors doing business in the City of Lodi are raquired to document the current status of their State Contractors License, Workers Compensation Insurance, and City of Lodi Bushass License. Any Contractor not currently on file with the City of Lodi Contractor information system, is required to furnish the necessary information prior to permit issuance.

- 2.

3. -

- 4. SUB-CONTRACTOR INFORMATION LIST A list of all sdb-contractors used; with address. phone number, state contractors license number, and city license number is required prior to issuance of a permit.

/ T 5 3 O T PLAN: (Two copies required) - a. Plot plan SHALL BE submitted on 8 112 x 11 paper. Pldt plan is to indicate ALL structures on the lot with actual andlor proposed distance to all property lines.

CONSTRUCTION SUBMflTAL DOCUMENTS

6. REQUIRED INFORMATION: (Cover Sheet or Sheet 1 of planh

a. Indicate on the Title Sheet of the plans, the name of t A leagal wner and name of person responsible for the preparation of the plans. Specify the gross floor area of all portions of this project, including: dwelling, garage, carport. patio, deck, balcony, etc.

FLOOR PLAN: (Three copies required) The floor plan is to be laid out as i t is to be built. Reverse floor dans are nor acceotabk.

- a$/ 7. v, -

J 8. ELEVATIONS: (Two copies required) Show four (4) orientations.

CITY OF LODI - COMMUNIN Dt LOPMENT DEPARTMENT - Built IdsDection Division

APPLICATION TRACKING FOFrM Rint Date Pennit types

Roiect Mdress pmieet Dascription Ropenvownec

Mallin0 Address C M R c t W

Mailing Address w p a MsM!JeI

Applicatiod Number Application Date

Subdivision Lot No. BMg No. Suite No. ~

A.P. NO. ' Rwm No. c i l s t . Zip Rwm No. Citylst. ~ Zip Rwm No.

! ............................................................................ i .................... BUILDING APPLICATION TRACKING OCCUPANCY APPL~T ION APPROVALS

oE**RcuEwTs MlEAAROVED A A R O M O W DCPmn*ENrS M k A m AWRoVWW

-p*ming -Ramin0 - - PUbGCWorks - PuMiCWohr L

- oectric utlllty - Oenric Ultkty b

- Health - Hedth

- p*nchccker _. SPARC L-

...................................................................... L ...................

__ WaterlWastewater - WaterlWastmater

- Firs - Fue

- StNcturaI EmJiner _. Building Diviston I

- - i----

HOLDS AND CONDITIONS

l ......... ................................................................................. PERMIT CUSS:' t ) NEW RESIDENTIAL t 4

t --r' ADDITIONS - ALTERATIONS - REMODELS COMMERCIAL ( 1 t I REPAIR

PdAN NO.

PWMIT TYPE: t d BUILDING I I SIGN OTHER I 1 MECHANICAL I 1 POOUSPA I I ELECTRICAL I I DEMOLITION I I PLUMBING I I SITEWORK

CENSUS NO. g? 8 UBC OCCUPANCY GROUP A7 UBC BUILDING TYPE

SUB CODE A I D N AREANALUE BVD CODE NO. UNITS NO. BLDGS SEWER

BID-15 (9/91)

LECTRICAL PLAN: (Two copies required). Indicate iocation and size of - E c t r i c a l service panel, show all required receptacles add fixtures, show all

required G.F.C.I. receptacles.

PLUMBING PLAN: (Two copies required).

a. submit gas line sizing calculations for an residential prdjects with more than three (3) gas appliances; i.e. water heater. furnace, kitchen stove. fire place log lighter, etc.

b. Submit water line sizing calcualtions for all residentbl' projects which have more than two bathrooms, or exceed 1800 square feet.

MECHANICAL PLAN: (Two copies required). Show lbcation of all HVAC K q u i p m e n t . ducts, and vents.

7- 12.

-4. FOUNDATION PLAN: (Two copies required). Indicate dimensions and locations of all foundation details: to include reinforcement and holdowns.

FLOOR, CEILING, WALL, AND ROOF FRAMING. (Two copies required). Show details of all framing; to include: framing layouts, cross sections, and sizing details of all members.

_- -

1 TRUSS PLANS AND CALCULATIONS: (TWO copies requirk).

a. Identify all trusses and include truss layout plan indiating location of trusses.

b. SIGNATURE of a California Licensed engineer or architect.

truss calculations are to be Engineer stamped' and include a

/ENGINEERING CALCULATIONS: (Two copies required).

a. Engineering calculations will be required for any unusukl design which is not ocvered by Chapter 25 of the "Uniform Building Code".

b. & Engineering submittal documents shall be Engineei stamped and include a WET SIGNATURE of a California Licensed engineer or architect.

ENERGY CALCUALTIONS: (Two copies required).

a. Enerav Co mdiance DocumentS: specify the mandatod energy conservation requirements of the California Building Energy Efficiency Standards. All new construction must comply with the Standards in effect when the building permit application is filed. The method of compliance chosen determines which documents are required.

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APPLICATION ACCEPTED BY: __ DIATE:

MECHANICAL * ' * * * * * * *

- .03/SO.FT. NEW RESIDENTIAL

M! pE!XRlPTlON FEENNIT - MO1 FURNACE TO 100M BTU . . . . . . . . . 9.00 ~~ - M02 FURNACE 101.500M BTU . . . . . . . 12.00 - M03 FURNACE OVER 500M BTU . . . . . . 15.00 - M04 UNITNALLHEATER . . . . . . . . . . . . 9.00 -_ MOS BLWCOMP TO 100M BTU . . . . . . . . 9.00 - M06 BWCOMP 101-500M B N ....... 16.00 - M07 BWCOMP 501-1oooM BTU . . . . . . 22.00 - MOB B W C W P 1001-175W ETU . . . . . 33.00 - M 0 9 BWCOMP OVR 1750M BTU . . . . . 55.00 - M10 AH UNIT TO 10,OOO CFM . . . . . . . . . 7.00 - M11 AHUNITOVR 10.000CFM ...... 12.00 - M12 VENTILATIONFAN . . . . . . . . . . . . . 5.00 - M13 -TIONSYSTEM .. . . . . . . . . 7.00

M14 HOOD ...................... 7.00 - M15 FLOOR FURNACE .............. 9.00 MM E a u i w m R m u R ........... 10.00 - M17 NAPORATWECOOLER .......... 7.00 - M18 MISC. APRlANCMOUlP ......... 7.00

- -

0 0 0 0 0 * 0 PLUMBING 0 0 0 .) *

.03/sQ.FT. NEW RESIDENTIAL

Q2Q€DEscR1pT(oN mi FIXIUREORTFW ........... ErrNPlrr

. . . 3.00 m 2 m3

m 5

w7

Po4

PO6

PO8 PO9 P10 P11 P12 P13 P14 P15 P I 6 P18 P19

BUKDINGSEWER .............. 6.00 SOV\RHEATERS .............. 10.00 WATER HEATER ............... 3.00 GASp(pElT05oUTLET ........ 3.00 GAS PIPE 61MORE-pfR EA . . . . . . . . 1 .00 GREASESAND TRAP ........... 15.00 WATER PIPING ................ 3.00 LAWN SPRINKLER SYSTEM ....... 3.00 BACKFLOW DEVICE 1 TO 5 . . . . . . . 3.00 G A W N E STORAGE TANKS . . . . . 15.00 ALTIBLDG SEWER OR VENT ....... 3.00 SWIM POOL FILTER . . . . . . . . . . . . . 3.00 WASTE INTERCEPTOR .. . . . . . . . . 10.00 BACKFLOW DEVICE OVER 5 . . . . . . . 1.00 RAINWATER SYSTEMiDRAIN . . . . . . 2.00 FIRE HYDRANT 1ST (TIMES 101 . . . 15.00 FIRE HYDRANT ADDL . . . . . . . . . . 40.00

FEE"lr . . . . . . . - PESCn'PT*N

E01 OUTLETSWIT d H.FIXTURE 1.0; €02 €03 E04 EO5 €06 Eo7 €08 €09 E l 0 E l 1 E l 2 €13 €14 E l 5 E l6 El7 El8 €19 €20 €21 €22 €23

VAPOR FIXTURES . . . . . . . . . . . . . . 2.OC SWIMMING POOLS . . . . . . . . . . . . . 30.0C RANGE. DRYER. OVEN, WH . . . . . . . S.0C MOTOR UP TOnNCL 1 HP . . . . . . . . 5.0C MOTOR OVER 1 TO 5 HP . . . . . . . . . 7.0C MOTOR OVER 5 TO 20 HP . . . . . . . . 1O.OC MOTOR OVER 20 TO 50 HP . . . . . . . 15.OC SUB-PANUS . . . . . . . . . . . . . . . . . . 10 OC SERVICE TO 100 AMPS . . . . . . . . . . 10.00 SERVICE 101 TO 200 AMPS . . . . . . . 20.00 SERVICE 201 TO 500 AMPS ....... 30.00 SIGNS ..................... .15.0C

HEATERS .................... 4.0C X-RAY MACHINES .............. 4.W MOTOR OVER 60 TO 100 HP ...... 20.0C MOTOROVER 100-PERHP.. . . . . . .20 SWlTCHBRD 0-6OOV - 1ST ........ 20.00 SWITCHBRD 0-600V - ADDL ...... 10.00 SWITCHBRD OVR 600V. 1ST ..... 30.06 W C H B R D OVR 600V - ADDL .... 15.00 SERVICE 501-1200AMPS ........ 40.00

5' M u ~ n - O m ASSY . . . . . . . . . i.oc

- - €24 SERVICE OVER 1200 AMPS ....... 75.00 - €25 SERVICE OVER 600 VOLTS ....... 75.00

- €27 TEMPORARY POWER SERVlCE ..... 15.00 - €26 SERVICE EACH ADDL METER ...... .2.00

INSP-AFTER H~UR-PER HR ....... .40.00 REINSPECTION ............... .30.0C MISC INSP. PER HOUR .......... 30.00 PLAN REVIEW -PER HOUR ........ 30.00 SPECIAL INSP . 1ST HOUR ........ 40.00 SPECIAL INSP 4 ADDL HR ......... 30.00 COURT TIME 112 HA ......... 12.5C COURT TIME PERMR. RATE ....... 25.00 CODE COMFUANCE REPAIR . . . . . . .40.0C ADMlN FEE . 112 HOUR . . . . . . . . . . 15.00 ADMlN FEE. 1 HOUR . . . . . . . . . . . 30.00

A B C D E F G H I J K

T E M P M - B SAW UNDER GROUND SITE RE-BAR INSPECTION

WORK

PRE-SIABIPLMB-MECH SLAB GRADEIFOUND FOOTINGISTEM WALL BLOCK WALL UNDERROORIPLMB-MECH INSUL UNDERFLOOR FLOOR NAILING SHEARWALL

L M N 0 P 0 R S T U V

PRE-INSPECTION ROOF NAILING MECHANICAL ROUGH PLUMBING ROUGH GAS LINE PRESSURE ELECTRICAL ROUGH FRAMING INSPECTION SEWER CONNECTION INSULATION DRYWALLRATH NAILING SUSP CEILING, T-BAR

W X Y 2 1 2 3 4 5

STUCCO LATH I'LUMBlNGMlATER HEATER DEMOLITION PRE-INSP POOLISPA PREGUNITE POOUSPA WE-DECK SPECIAL INSPECTION FINAL APPROVALS REQ. GAS APPLIANCE FINAL INSPECTION

- M E S W PINKERTON (I CITY O F LODI Mlvu Pro Tern-

PHILLIPA PENNINO

IACK A SI€CLOCK IOHN R IRandr) SNIDf R

CITY HALL. 221 WEST PlNk S I R E € l P O 6 0 X ) u ) b

LODI. CALIFORNIA 95241-1910 (209) 334-5634 F A X 12091 I11 b?9S

December 5. 1991

CERTIFIED MIL

RE: Special Inspection 1227 S Washington Street Lodi. CA 95240

NOTICE OF VIOLATION

A special inspection conducted on November 7. 1991. at thd above noted address, has revealed the following:

VIOLATIONS

1. Construction o f a carport without permits or inspektions.

DETERMI NATION

1. Lodi Municipal Code; Section 15.04.010. The provisiods set forth in the "Uniform Building Code, 1985 Edition." and set forth in the "Uniform Building Code Standards, 1985 Edition," together with Appendix Chapters 1. I, 32. 35. 49. 51. 55. 57. and 70 thereto, are adopted as the building code o f the city.

M r . Azevedo December 5, 1991 page 2

2. Lodi Municipal Code; Section 15.28.010. The provisions sdt f o r t h i n the "Uniform Code f o r the Abatement o f Dangerous Buildings. 1985 Edition," are adopted as the unsafe bui ld ing abatement code o f the c i t y . The unsafe bu i ld ing abatement code o f the c i t y applies i n a l l matters pertaining t o dangerous bui ldings which are i n existence o r which may be constructed i n the c i t y .

Lodi Municipal Code; Secticn 17.09.080. Minimum yards i n the R-1 d i s t r i c t :

the main building.

l o t s the side yard on the s t ree t side sha l l be increased tr, a m i n i m o f ten feet, unless Section 17.57.100 applies; and provided further, that any carport or garage must be set back not less than twenty fee t from the s t ree t property l ine.

The depth o f the rear yard shal l be ndt less than ten feet, except t ha t f o r corner or reversed corner lots, the rear yard may be reduced t o seven and one-half feet, o r t o a minimum o f f ive feet when the l o t rears upon an al ley.

As a resu l t o f the foregoing violat ions, the fol lowing action i s required:

Inspection by the bu i ld lng o f f i c i a l has determined that ttie bu i ld ing i s dangerous as defined by the unsafe bui ld ing abatement code and i s hereby declared t o be a publ ic nuisance and shal l be abated by demolition and removal.

3.

A.

B.

Front yard: not less than twenty feet t o the f roh t l i n e o f

Side yard: a minimum o f f i v e feet, except hat #or corner

C. Rear yard:

1.

Appropriate permits shal l be obtained frm the City o f Lodi p r i o r t o the comnencement o f any work required herein:

1. Demolition permit.

A l l required permits are to be obtained w i th in 30 days o f the d8te o f t h i s notice, and the demolition i s t o be completed wi th in 60 days.

Mr. Azevedo December 5, 1991 page 3

FAILURE TO COMPLY

In the event of your failure to cmply with the requirement9 set forth above, the following may apply:

1. A citation may be issued.

2. Any person violating the provisions of the building codd, mechanical code. plumbing code. electrical code, or housing code i s guilty of a misdemeanar for each day such violation continues.

3. Any person convicted of a misdemeanor for violation of khis code is punishable by a fine of not more than one thousand dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment for each violation.

Should you require additional information, please contact thif office (209) 333-6711.

AMES H. SIEMERS cd Code Enforcement Officer CC: City Attorney

Comrmnity Developnent Director

Mrs. Sherman. 1233 S Washington St. Mike Bergeson. 1227 S Washington S?.

’ Chief Building Inspector

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W I D M. HINCHMAN K K A. SIfGLOCK W)HN R. IRndyI 5NIDfR

CITY OF LODI CITY HALL. 22) WEST PINE STREF7

PO. Box 3006 LODI. CALIFORNIA 95241-1910

(209) 3345634 iAl im l3M795

January 24. 1992

CERTIFIED MAIL

NOTICE OF PUBLIC NUISANCE AND

ORDER TO ABATE

NOTICE OF PUBLIC NUISANCE

Public records indicate that you are the current legal owner of the real and improved property in the City o f Lodi, County o f San Joaquin, State of California described as follows: County Assessors.Parce1 Number: 047-090-10. Street

As the property owner, you are hereby notifled that the undersigned Buildlng Official of the City of Lodi has inspected said property and declared i t to be a PUBLIC NUISANCE as defined and prescribed for by Section 202 et seq of the Unsafe Building Abatement Code of the City of Lodi.

Said property i s more c m n l y known as 1227 South Washington

Hr. Azevedo January 24, 1992 page 2

INSPECTIONS AN0 VIOLATIONS

On November 7. 1991 and January 24, 1992 the Building O f f i c i a l caused said property t o be inspected. The fol lowing violat ions were discovered:

1. Finding: Construction o f Carport without pennits o r inspections.

This ex is t ing condit ion i s I n d i rec t v io la t ion o f Section 302. paragraph 13. o f theunsafe Building Abatement Code o f the City o f Lodi which reads:

Dangerous Bui ld ing

Sec. 302. For the purpose o f t h i s code, any bui ld ing o r structure which ahs any or a l l o f the conditions o r defects hereinafter described sha l l be d e e d t o ba a dangerous building, provided that such conditions o r defects ex l s t t o the extent that the l i f e , health, property or safety o f the public or i t s occupants are endangered:

13. When ever any bu i ld ing o r sturcture has been constructed, ex is ts or i s malntained i n v io la t ion o f any specif ic requirement o r p roh ib i t ion applicable t o such bui ld ing or structure provided by the bu i ld ing regulations o f t h i s c i t y , as specified i n the Bui ld ing Code or Housing Code. o r any l a w or ordinance o f t h i s s ta te o r c i t y re la t i ng t o the condition, locat ion o r structure o f the bui ldings.

DETERMINATION

As a r e s u l t o f the foregoing vlolat ions, the undersigned Buildihg O f f i c i a l has declared the property t o be a PUBLIC NUISANCE and has therefore made the fol lowing determination:

The structure on the property i n question shal l be demolished and the property cleared o f rubbish and debris. the review o f the Bui ld ing O f f i c i a l i n accordance wi th provisions set fo r th i n Section 4409 o f the Building Code o f the City o f Lodi.

Demolition work shal l be subject t o

An appropriate demolition permit shal l be obtained from the Ci ty of Lodi p r i o r t o the commencement of any work required herein.

A l l repa i r demolition work required herein shall begin wi th in 30 days o f the date o f t h i s Notice and shall be completed wi th in 90 days o f the date o f t h i s Notice.

I n a l l cases, the required work i s subject t o the inspection and f i n a l approval o f the Bui ld ing O f f i c i a l .

Mr . Azevedo January 24. 1992 page 3

ORDER TO ABATE

Pursuant t o Section 201 o f the Unsafe Building Abatement Code of the City of Lodi. t h i s Notice consti tutes an ORDER t o you. the owner of the property i n question, TO ABATE the substandard conditions l i s t e d herein i n a manner and h i t h i n the times determined above.

APPEAL

Property owners, o r those w l th legal in te res t i n the property who are served wf th t h i s Notice may appeal the same t o the Cf ty Council of the City o f Lodi under Section 501 e t seq o f said Unsafe Building Abatement Code. The appeal should be i n w r i t i ng and submitted t o the C i ty Council. fn care o f the City Clerk (221 West Pine Street, Lodi. CA 95240). w i t h i n 30 days o f the date o f t h i s Notice.

FAILURE TO CWLY

I n the event of your f a i l u r e t o canply wi th the requiFernents s@t f o r t h above, the fo l lowing may apply:

1. A c i t a t f o n shal l be issued.

2. Any person v fo la t ing the provisions o f the bu i ld ing code, mechanical code, plunbfng code, e lec t r i ca l code, o r housing code i s g u i l t y of a misdemeanor f o r each day such v io la t i on continues.

Any person convicted o f a misdemeanor f o r v io la t fon of t h i s code i s punishable by a f i ne o f not more than one thousand dol lars, o r by imprisonment not t o exceed s ix months, o r by both such f ine and imprisonment f o r each violat ion.

3 .

Should you require addi t ional information, please contact t h i s o f f i ce .

U A n E S H. SIEMERS Code Enforcement Of f i ce r

cc: Chief Bui ld ing Inspector C i ty Attorney Mrs. Sherman, 1233 S Washington S t . Mike Bergeson. 1227 S Uashington S t .

/ I l Y COUNCIL

,- W. PINKERTON. Mnpr PHILLIP A PENNINO

M.pr pro T - w W D M. WNCHMAN Kcc A YZGUXK lOHN R. (Rndy) SNIMR

CITY OF LODI C l N HALL. 221 WEST PINE STREET

m. BOX Mo6 LODI. CALIFORNIA 95241-1910

1209) 334-5634 FAX 12091 JJ-5

January 24. 1992

CERTIFIED MAIL

NOTICE OF PUBLIC )(UISA;iCE AND

ORDER TO ABATE

NOTICE OF PUBLIC NUISANCE

Publ ic records indicate that you are the current legal owner o f the rea l and improved property i n the City o f Lodi. County o f San Joaquin, State o f Ca l i fo rn ia described as follows: 047-090-10. St reet

As the property owner, you are hereby n o t i f i e d tha t the undersigned Bui ld ing O f f i c i a l o f the C i ty o f Lodi has inspected said property and declared i t t o be a PUBLIC NUISANCE as defined and prescribed for by Section 202 e t seq o f the Unsafe Bui ld ing Abarement Code o f the City o f Lodi.

County Assessors Parcel Number: Said property i s more c m n l y known as 1227 South Washington

.” Mr. Azevedo January 24. 1992 Page 2

INSPECTIONS AN0 VIOLATIONS

On November 7. 1991 and January 24, 1992 the Bui ld ing O f f i c i a l caused said property t o be inspected. The fol lowing v io la t ions were discovered:

1. Finding: Construction o f C a r p o r t without permits or inspectlons.

Thls ex is t ing condl t lon i s i n d i rec t v io la t ion o f Sectfon 302. paragraph 13. o f theunsafe Bui ld ing Abatement Code o f the City o f Lodi which reads:

Dangerous Bui ld ing

Sec. 302. For the purpose o f t h i s code, any bu i ld lnQ or structure which ahs any o r a l l o f the conditions or defects hereinafter described sha l l be deemed t o ba a dangerous building, provided that such condftlons or defects ex is t t o the extent that the l l f e , health, property o r safety o f the publfc o r i t s occupants are endangered:

13. When ever any bu i ld ing o r sturcture has been constructed, ex is ts o r i s malntained i n v io la t ion o f any speclf ic requirement o r proh ib l t ion applicable t o such bu l ld ing or structure provided by the bu i ld ing regulations o f th is c i t y , as specified i n the Bul ld ing Code or Housing Code, o r any l a w or ordinance of t h i s state or c i t y re la t ing t o the condition, locat ion or structure o f the buildings.

OETERMI NAT ION

As a r e s u l t o f the foregolng violat ions. the undersigned Building O f f i c i a l has declared the property t o be a PUBLIC NUISANCE and has therefore made the fo l lowing deten lnat ion:

The structure on the property i n question shal l be demollshed and the property cleared o f rubbish and debris. the review o f the Bui ld ing O f f i c i a l i n accordance wi th provisions set fo r th i n Section 4409 o f the Building Code o f the Ci ty o f Lodi.

An appropriate demolition permit shal l be obtained from the C i ty o f Lodi p r i o r t o the commencement o f any work required herein.

Demolition work shal l be subject t o

A l l repa i r demolition work required herein shal l begin w i th in 30 days o f the date o f th is Notice and shall be completed w i th in 90 days of the date o f t h i s Notice.

I n a l l cases, the required work i s subject t o the inspection and f i n a l approvai o f the Bui ld ing O f f i c i a l .

M r . Azevedo January 24, 1992 Page 3

ORDER TO ABATE

Pursuant t o Section 201 o f the Unsafe [luilding Abatement Code Of the City o f Lodi, t h i s Notice consti tutes an ORDER t o you. the owner of the property I n question, TO ABATE the substandard conditions l i s t e d herein i n a manner and w i th in the times determined above.

APPEAL

Property owners, o r those with legal in terest i n the property who are served w i th t h i s Notice may appeal the same t o the City Council o f the City o f Lodi under Section 501 e t seq of safd Unsafe Building Abatement Code. appeal should be i n w r i t l n g and submitted t o the City Council, i n care o f the City Clerk (221 West Pine Street, Lodl. CA 95240). w i th in 30 days o f the date o f t h i s Notice.

The

FAILURE TO COMPLY

I n the event o f your f a i l u r e t o comply wi th the requirements set f o r t h above, the fo l lowing may apply:

1. A c i t a t i o n sha l l be issued.

2. Any person v io la t i ng the provlsions o f the bu i ld ing dode, mechanical code. plumbing code, e lec t r i ca l code, o r housing code i s g u i l t y o f a misdemeanor f o r each day such v io la t ion continues.

Any person convlcted o f a misdemeanor f o r v i o l a t i on o f t h i s code i s punlshable by a f ine o f not more than one thousand dollars, o r by imprisonment not t o exceed s ix months. o r by both such f i n e and imprisonment f o r each violat ion.

3.

Should you require addit ional information, please contact t h i s off ice.

* / /&S H. SIEMERS Code Enforcement Officer

cc: Chief Building Inspector Ci ty Attorney Mrs. Sherman, 1233 S Washington S t . Mike Bergeson, 1227 5 Washington S t .

CITY CQUNCIL

M E S W. RNKERTON. h!+a

PHILLIP A. PENNINO

M.pRokmpm WMD M. HINCMMAN

L*cK A. YECLMX JOHN R. lhndvl SNIDER

February 19, 1992

CITY OF LODI CITY HALL. 221 VEST PINE STREET

P.O. BOX Mob LODI. CALIFORNIA 95241-1910

(2091 3345634 MI lxpn 33-

RE: Variance Request A-92-03

The Planning Department has rescheduled the above request from February 24. 1992 t o March 9. 1992. You will receive an agenda f o r that meeting I n approximately two weeks.

1227 S. Washington S t .

CAROL GOEHRING Department Secretary

MEMORANDUM. Ci ty of Lodi , Public Works Department

TO : Cannunit? Development Department

FROM: Public Works Director

DATE : February 12. 1992

SUBJECT: 1227 S. Washington Street FILE NO. A-92-03

The Public Works Department has no objection to the issuance of a variance t o reduce the sideyard setback requirement on the subject parcel to pemit

JLWSAWI l w

cc: Anthony 0. Azevedo VI

I I / 14% mD1

I I I I

VARIANCE APPLICATION DEPARTMENT

Y 1-8-92 Date

( I f d i f f e r e n t from above)

I hereby c e r t i f y t h a t I am the owner o f record o f the proper ty described below. or have au tho r i za t i on t o a c t i n behalf o f the owner, t h a t I approve o f the a c t i o n requested herein. n

/-8-!3 2 Date

rOq7 e9o-/t7 Size dJA-s4/dihr) -_ L-7

APN - Present Zoning Designation Present Land Use

A p p l i c a t i o n Received by Receipt No. App l ica t ion Fee S Environmental Review

TOTAL FEES S

Date: - Assigned Planner - Tenta t i ve Hearing Date - Fee

SEE BACK FOR IMPORTANT INFORMATION

Clh !.+.maw

AllCl \% R f l h K W E C q C k h

CITY OF LODI JAMES W PINKERIDN. Mqw

PHILLIP A P E N N I N O

M y o r Pro k m m * W I D M HINCHMAN K K A SICCLOCK lOHN R ( b n d y l WIDER

CITY HALL, 221 \\'EST RNE STREET

LOOI. CALIFORNIA 95241-1910 (2091 334-5634

ROR hWbAT1 PO BOX 3006 iw hRorw

Hay 7. 1992

Mr. Anthony D. Azevedo 1227 S. Wasnington Street Lodi, CA 95240

Re: Appeal of the Planning Comnission's Denial of Request for Zoning Variance to Reduce a Side Yard Setback at 1227 S. Washington Street, Lodi

Dear Mr. Azevedo:

This letter will confirm action taken by the Lodi City Council at its meeting o f May 5, 1992, whereby following a public hearing concerning the matter, the City Council denied your appeal regarding the Plannjng Commission's request for a Zoning Variance to reduce the requtred side yard setback at 1227 South Washington Street in an area zoned R-1, Single-Family Residential - Eastside. Should you have any questions regarding the matter, please do not hesitate to call this office.

V

Very truly yours,

Alice M. Reimche City Clerk

AMR/jmP

cc: James B. Schroeder. Cc elcmwnt Director

DECLARATION OF MAILING

On April 2, 1992 in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, containiny a copy of the Notice attaoied hereto. marked Exhibit “A”; said envelopes were addressed 2s is more particularly shown on Exhibit “B” attached hereto.

There is a regular daily cornunication by mil between the City o f Lodi. California, and the places to which said envelopes were addressed.

I declare under penalty o f perjury that the foregoing is true and correct.

Executed on April 2, 1992. at Lodi. California.

GEC/Ol TXTA. FRM

Alice H. Reimche City Clerk

I I\

f” J. :, , I , ,’( \ L/’J,L,Y< %

Jednrfer M. Perrin WfJuty City Clerk

For information regaiding this Public Hearing Please Contact:

Alice M. Reimche City Clerk

Telephone: 333.6702

NOTICE OF PUBLIC HEARING

May 6. 1992 NOTICE IS HEREBY GIVEN that on Wednesday, at the hour of 7 3 0 p.m.. or as soon thereafter as the matter may be heard, the City Council will conduct a pubiic hearing to consider the foiio:.ing matter:

Appeal received from Anthony D. Azevedo. I227 South Washington Street, Lodi regarding the Planning Commission's denial of his request for a zoning variance to reduce the required side yard a t that location.

1.

Information regarding this item may be obtained in the offlce of the Community Development Director at 221 West P i e Street, Lodl. California. AH interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing.

I f you chalienge the subject matter in court, you may be limited to raising Only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered lo the C'ty Clerk, 221 West Pine Street, at or prior to the Public Hearing.

By Order Of the Lodi City Council:

Alice M. Reikche City Clerk

April 1, 1992 Dated:

Approved as to form:

City Attorney

APPEAL FROM AZEVEDO KAILING L I S T

E X H I B I T B

M r . knthony D. Azevedo Mr. and Mrs. Richard Sherman 1227 S . Washington S t r e e t Lodi , CA 95240 Lodi. CA 95240

James E. Schroeder Community Development D i r e c t o r

1233 5 . Washington S t r e e t