AgdaPkt 2003-12-08 - Laserfiche WebLink

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ATTACHMENT #3 REPORT To the Honorable Mayor and City Council From the City Manager October 23, 2000 SUBJECT Appeal of the Decision by the Zoning Administrator to Deny an Architectural Permit to Construct a House at 3718 Laurel Way. RECOMMENDATION That the City Council either 1) upholds the decision of the Zoning Administrator and retain the existing development policy for Laurel Way or 2) allow development on the subject parcel with conditions. BACKGROUND A potential property owner wishes to construct a two story home on a vacant parcel located at 3718 Laurel Way (please see attached site plan and elevations). Laurel Way is a 1,200 -sq. ft. cul -de -sac serving 37 single - family lots. The road consists of an improved street portion built to city standards near Highland Avenue, a small portion of paved, unimproved street section (fronting the subject property), and a gravel road. Please refer to the attached location map. The subject parcel is generally surrounded by development. In order to construct the home the applicant must obtain an Architectural Permit. On July 31, 2000, the Zoning Administrator denied the Architectural Permit based on certain findings that there is an existing City Council policy, established in 1988, which states that no further development should occur on all parcels fronting Laurel Way until an Environmental Impact Report is prepared. Please refer to Attachment 1. Staff did inform the applicant well in advance that the Zoning Administrator would have no choice but to deny the Architectural Permit because staffs understanding of the existing City Council policy and to be consistent with other past applications on Laurel Way. Applications were denied for previous homes at 3738 Laurel Way (Whitaker — 1996), and 3747 Laurel Way (Scott — 1987) because of this outstanding policy. There were however, some relatively recent homes built on Laurel Way due to special circumstances. The City permitted a home to be rebuilt at 3726 Laurel Way (Aozasa - 1996) because the previous home on the site was a health and safety hazard, and was damaged in the 1989 earthquake. Another home was built at 3737 Laurel Way (Hatfield - 1986) prior to the establishment of the City's policy. From the very beginning the applicant of the subject property intended to appeal the decision before the City Council in the hope that the Council would re- evaluate the policy for this particular situation. The applicant believes that the existing policy should not pertain to the subject parcel. The lot is an in -fill parcel with homes surrounding it. The property is located along the paved frontage of Laurel Way with all utilities, and does not have the same development