SBA 1992-09978-105 C4
ESTADO — LA QUINTA, CALIFOrl"A 92253 - (619) 564-2246
CITY OF LA QUINTA
PLANNING & DEVELOPMENT DEPARTMENT
APPLICATION FOR SETBACK
FEE':._ $100.,00v
t
i
F E B 20 1992 1
rlTy DF LR rinI .,Ti.
APPLICANT: Submit this form with two copies of a Ifscale.d�4;:site;'9plan,
drawn to adequately depict the nature of the request`:"'�'A nonrefundable'
fee of $100 is required when the Application is submitted. Check must be
make payable to the "City of La Quinta".
If the Applicant is not the owner of the property, a letter must be
submitted by the owner authorizing the Applicant to execute this document
in his behalf.
PLEASE PRINT OR TYPE 001�182 0���Oi17TO L 8i 9� 100�, (47
APPLICANT/ =XGTGR: GFRALp 7, SHEA DATE _2/18/92
CONTACT PERSON (IF DIFFERENT) PHONE 619 360 0339
MAILING ADDRESS: 45-360 DESERT EAGLE COURT LA QUI.NTA, CA 92253
(Address) (City) (State) (Zip)
OWNER'S NAME: GERA.LD J. SHEA
MAILING ADDRESS: 45-360 DESERT EAGLE COURT LA
(Address) (City)
PHONE 619 360 0339
INTA, CA 92253
State) (Z
STREET ADDRESS OF PROPERTY: 45-360 DESERT EAGLE COURT
LEGAL DESCRIPTION OF PROPERTY: LOT # 14 TRACT 23935-1
ASSESSOR'S PARCEL NUMBER: 604241024-1
ADJUSTMENT REQUESTED: A setback adjustment allowing a one (1) foot
setback for portable gazebo.
REASON FOR REQUEST: To allow proper access to walkway leading to front of
house to exit property.
**************************************************************************
JUSTIFICATION: No request for a Setback Adjustment shall be granted
unless it is determined that it is consistent with the intend and purpose
of this Ordinance; that there are special circumstances applicable to the
property, including such factors as size, shape, topography, location or
surroundings that justify the approval of the adjustment of the setback
requirement, and that the adjustment will not be detrimental to the
health, safety, and general welfare of the community or be detrimental to
property in the area of the parcel for which the adjustment is requested.
**************************************************************************
FORM.013/CS
H E C I T Y 00
—♦ :: �♦ 1HLE COPY
La pinta
1982 - 1992 Ten Carat Decade
March 31, 1992
Mr. & Mrs. Gerald Shea
45-360 Desert Eagle Court
La Quinta, CA 92253
SUBJECT: ON -SITE CONSTRUCTION WORK (GAZEBO/SPA)
Dear Mr. Shea:
At the Planning Commission meeting in March, our Staff was instructed to write a
letter to the State Contractor's License Board concerning the work which was done
on your property to construct your gazebo and spa. Therefore; could you please
send me a copy of your contract so that we can use the information in our letter to
the Board.
Should you have any questions concerning the above, please contact this office.
Very truly yours,
JE)qRY PE MAN
PLANNI& DEVELOPMENT DIRECTOR
GZTG TROUSDELL
Associate Planner
GT:bja
LTRGT.043
City of La Quinta
Post Office Box 1504 ♦ 78-105 Calle Estado
La Quinta, California 92253
Phone (619) 564-2246, Fax (619) 564-5617
Design & Production: Mark Palmer Design. 619-346.0772 .
H E C I T Y 00 .•. FILE -COP
La Quanta
1982 - 1992 Ten Carat Decade
March 26, 1992
County Recorder
County of Riverside
P. O. Box 751
Riverside, CA 92502
SUBJECT: DEED RESTRICTION (GERALD & MARY SHEA)
Dear Colleague:
Attached please find a notarized copy of a Deed Restriction for Mr. & Mrs. Gerald
Shea, property owners at 45-360 Desert Eagle Court in the City of La Quinta. We
respectfully request that you record the Deed Restriction on their property on our
behalf. Please record and return a copy of the document to this office once the
process is final.
E
Should you have any questions concerning this matter, please feel free to contact
this office.
Very truly yours,
JER,RY HfRMAN
P NI G W DEVELOPMENT DIRECTOR
1�re�
OUSDELL
4Asso iAsso iate Planner
GT : bja
cc: Mr. & Mrs. Gerald Shea
T
LTRGT.039
City of La Quinta
Post Office Box 1504 • 78-105 Calle Estado
La Quinta, California 92253
Phone (619) 564-2246, Fax (619) 564-5617
Design 8 Production: Mark Palmer Design. 619-346-0772
4 FILE COPY
78-105 CALLE ESTADO — LA QUINTA, CALIFORNIA 92253 - (619) 564-2246
FAX (619) 564-5617
March 16, 1992
Mr. Gerald J.. Shea
45-360 Desert Eagle Court
La Quinta, CA 92253
SUBJECT: SETBACK ADJUSTMENT 92-099
Dear Mr. Shea:
The Planning Commission on March 10, 1992 approved your setback
adjustment request to permit your existing spa/gazebo in your
rear yard provided certain conditions are met (see attached
report). Please obtain a building permit from the City's
Building Department for your gazebo and an electric permit for
your spa. The Building Department is located at 78-106 52nd
Avenue (east of Avenida Bermudas). The permit shall be
obtained by March 20, 1992.
In order for us to process a Deed restriction for your property
as required by the Planning Commission approval, we will need a
copy of your Grant Deed. Please send a copy to my attention
and we will process the paperwork on your behalf. Once the
Deed has been prepared, you will need to sign the document and
have it notarized. The. signed Deed will be then mailed to the
Riverside. County Recorder's office for recordation.
Thank your for your cooperation
please contact the undersigned.
Very truly yours,
HERMAN
NG & DEVELOPMENT DIRECTOR
dell
Assd cratee Planner
GT:ccs
cc: Building & Safety Department
and if you have any questions,
MAILING ADDRESS • P.O. BOX 1504
LTRGT.092/CS
LA QUINTA, CALIFORNIA 92253
0
FILE COPY
PLANNING COMMISSION
STAFF REPORT
DATE: MARCH 10, 1992
PROJECT: SETBACK ADJUSTMENT 92-099
REQUEST: TO. ADJUST THE REAR YARD SETBACK OF 10-FEET TO
1-FOOT FOR A PORTABLE GAZEBO STRUCTURE, AND TO
ADJUST THE REAR YARD SETBACK OF 5-FEET TO
1 1/2-FEET FOR A PORTABLE SPA
APPLICANT: GERALD SHEA
LOCATION: 45-360 DESERT EAGLE COURT
(LOT 14 - TRACT 23935-1 - TOPAZ)
APN: 604-241-024
BACKGROUND:
1: A portable wood gazebo (12-feet x 16-feet) and a 7-foot
diameter spa were installed in the rear yard setback area
of Lot 14, Tract 23935-1. The facilities were installed
by California Spa approximately two months ago. A
building permit was not issued for the gazebo structure
or electrical hook-up for the spa.
2. Setback regulations for structures in rear yards is.
10-feet. In addition,, accessory structures such as
gazebos and patios must be at least 10-feet from the
primary structure, the house. A pool or spa is required
to be 5-feet from any side or rear property line.
3. A gazebo is defined as a structure since it is larger
than 100 square feet (La Quinta Uniform Building Code).
4. The gazebo is 192 square feet in size and located
approximately 1-foot from the rear property line
excluding eave overhangs. The structure Js approximately
8 1/2-feet in height and higher than 'the adjacent
perimeter block wall which backs up to Dune Palms Road.
5. The, La Quinta Zoning Regulations states that the Planning
Director approve or disapprove setback adjustments.
However, in this -case the Planning Director has forwarded
this application to the Planning Commission since the
policy for Director approval is a maximum 20% deviation.
STAFFRPT.082/CS
-1-
J
ANALYSIS:
Zoning Code defines a structure as:
"Structure" means anything constructed or erected and the
use of which requires more or less permanent location on
the ground or attachment to something having a•permanent
location on the ground, but not including walls and
fences six feet or less in height.
The Zoning Code does not discuss whether or not a structure is
a structure by its size but by whether it is attached to the
ground in a permanent fashion. This gazebo and spa are located
on a concrete slab but the facility is not anchored to the
slab. Therefore, the gazebo and spa are deemed portable
facilities by the Zoning Code.
The La Quinta Building Code does not require a building permit
for a one story detached accessory structure or building if the
projecting roof area does not exceed 100 square feet. The
subject gazebo is larger than 100 square feet, therefore a
building permit is required. ►
The Building Department has stated that a portable spa does not
need a building 'permit unless the spa requires new outdoor
electric outlets to service the spa. The Uniform Building Code
requires a minimum three foot, setback .for this 'type of
structure if it is not a fire rated assembly. The gazebo is
not a fire rated structure.
PAST PLANNING COMMISSION ACTION:
On January 28, 1992, the Planning Commission reviewed a similar
request to this application on Sonesta Way (Tract 23269) in the
general area of Adams Street and Fred Waring Drive. The
permanent patio cover was in the rear yard and it , abutted Fred
Waring Drive, a major arterial. The. Planning Commission
allowed the existing structure to remain because: 1) the
homeowner's assumed the Contractor had obtained a building_
permit prior to constructing the.patio cover, 2) the structure
was not highly visible from Fred Waring Drive, and 3) the
facility would not affect the abutting homes adversely -if it
was allowed to remain.
STAFF RECOMMENDATION:
Staff recommends that the covered gazebo be allowed to be
located 1-foot from the rear property line and the spa to be
located 1 1/2 feet from the rear property line.
STAFFRPT.082/CS
-2-
FTmnTNGS z
If the Planning Commission wishes to allow the gazebo to
remain, the following findings should be made:
1. The wood gazebo is located between 4-10 feet from the
main structure which is appropriate considering the
flammable nature of the structure and its relationship to
surrounding.facilities.
2. The structure is located abutting Dune Palms Road,- a
secondary arterial roadway, which is designed to carry
moderate levels of traffic from Fred Waring Drive to
Highway 111 in the future. The'structure will not affect
traffic nor hinder aesthetic view corridors in this area.
3.. The gazebo structure will help reduce traffic noise from
Dune Palms Road,, as proposed.,
4. The structure is consistent in size to other accessory
structures in the area.
5. The gazebo will provide partial shade protection to -the
home since it is located -on the east side of the existing
home.
6. The location of the small portable spa in the rear yard
will not create a safety problem to the City because the
property is enclosed with a 6-foot high perimeter block
wall.
7. Approval of this setback adjustment constitutes a special
case since the structures are existing and there is
limited room in the rear yard and does not apply
universally.
It should be noted that this lot backs up to Dune Palms Road,
therefore, there is no immediate neighbor living behind this
lot. The granting of this setback adjustment would not be
detrimental to the health, safety, and general welfare of the
surrounding neighbors and the rest of the community.
PLANNING COMMISSION ACTION:
.By Minute Motion approve a 1-foot rear setback for a portable
gazebo and a 1 1/2-foot rear setback for a portable spa on Lot
14,' Tract 23935-1 per the Findings of Fact as noted subject' to
the following conditions:
1. A building permit, shall be obtained for the .gazebo
structure and electrical outlet if it is to remain on the
property.
STAFFRPT.082/CS -3-
2: A deed restriction on the property shall be immediately
recorded stating: '
a. No solid, permanent walls (or portions of) or roof
(or portions of) shall be placed on structure which
would constitute converting the gazebo to an
enclosed structure.
b. , The gazebo shall not be attached to the main
structure or perimeter wall.
C. Should the gazebo be replaced, the new structure
shall comply with setback_ requirements in effect at
time of replacement.
4
w o
Attachment:
1. Location Map Exhibit
2. SBA Application and_Site Plan as submitted by Applicant-
3. Polariod Pictures
_t
b
4 '
STAFFRPT.082/CS
-4-
H E C I T Y C :°
FILE'COPY.
La 1 inta-
1981 - 1992 Ten Carat Decade ' ^
. Yet
February 28, 1992 41
Mr. Gerald J. Shea
45-360 Desert Eagle Court
La Quinta, CA 92253 _
SUBJECT: SETBACK ADJUSTMENT 92-099
� Dear Mr. Shea:
Your request to place a gazebo on your backyard will be heard
at the Planning Commission meeting of March 10,,1992. The
meeting will be held at City Hall in the Council Chambers at
7:00.p.m. A copy of the Agenda and Staff Report for your case
will be mailed to you on March 6, 1992.
If you have any questions, please contact the undersigned.
Very truly yours,
JERRY HE
PL NING DEVELOPMENT DIRECTOR
Greg Trousdell �
Associate Planner
GT:ccs
City of La Quinta
Post Office Box 1504 ♦ 78-105 Calle Estado
La Quinta, California 92253
Phone (619) 564-2246, Fax (619) 564-5617
LTRGT . 0 8 9 / C S Design & Production: Mark Palmer Design. 619-346.0772
General Location
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CASE No.
Setback Adjustment 92-099
O
Gerald Shea Z
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T•H E C I T Y 0
r
La pinta }
1981 - 1992 Tea Carat Decade 44
February 4, 1992
Mr. Gerald J . Shea
45-360 Desert Eagle Court'
La Quinta, CA 92253 _
SUBJECT: GAZEBO ENCROACHMENT INTO REAR SETBACK
Dear Mr. Shea: _
The Planning and Development Department has determined that in order for you to
keep your gazebo within the rear yard setback area, a setback adjustment allowing _' f
your one foot setback must be approved. Your application will be forwarded to the '
Planning Commission for a determination. ;
Attached is an application that you must fill out and return to the Planning and
Development Department. Along with the application, there is a non-refundable
filing fee of $100 required. Additionally, we will need a plot plan of your backyard +
drawn on an 8-1 /2" X 11" sheet' of "paper. The plans should be drawn to scale and
show all setbacks applicable `to the request. (similar,to the large map you previously
submitted) . i
Please •suk.�nit the required application, filing fees, and plan as soon as possible,,
preferably within two weeks. When we have scheduled your request for a Planning
Commission meeting, we will notify you. You should plan on attending this meeting
to answer any questions the Planning Commission may have. The Planning
Commission meets on the 2nd and 4th Tuesday of each month at 7:00 P.M.
Should you have any questions regarding this matter, please contact the
... undersigned.. -
V_ery truly yours,
0
JERRY HERMAN
PLANNING & DEVELOPMENT DIRECTOR
STAN B . SAWA r
Principal Planner
Enclosures
. . F
cc: Tom Hartung, Building & Safety Director
Lonnie Day, Building Inspector
City of La Quinta
Post Office Box 1504 a 78-105 Calle Estado `y
La Quinta, California 92253
Phone (619) 564-2246, Fax (619) 564-5617
LTRSS . 115 Design & PrDdJct*q, Mark Palma Das gn, 619346 0772
ro
JAN 016 1992
r' �A
PLANNING DEAW&F-INT
RECORDING REQUESTED
AND WHEN RECORDED MAIL THIS DEED AND UNLESS OTHERWISE SHOWN
BELOW MAIL TAX STATEMENT TO:
Name
C1 ty 0 'La Q- to
Street
Address
PO Box 1504
city a
La Qu i nta CA 92253
$late
L
J
e�
MAIL TAX STATEMENTS TO
Name
Gerald J. & Mary J.
Shea
Street
45-360 Desert Eagle
Court
Address
La Quinta, CA 92253
City a
State
L
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TITLE ORDER NO. ESCROW NO.
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT DEED - DEED RESTRICTION
THE UNDERSIGNED GRANTOR(S) DECLARE(S)
DOCUMENTARY TRANSFER TAX is $ -0=
❑ computed on full value of property conveyed, or
❑ computed on full value less value of liens or encumbrances remaining at time of sale.
[3 unincorporated area g]city of _ La Qu i nta , AND
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Gerald J. Shea & Mary J. Shea, husband and wife as joint tenants.
hereby GRANT(s) to
Gerald J. Shea & Mary. J. Shea, husband and wife as joint tenants.
the following described real property in the
County of ' Riverside , State of California:
Lot 14 of Tract 23935-l'in the•C'i-ty of La Quinta, County of Riverside, State of
California, as per map recorded in Book 223, Pages 26 thru 29, Inclusive of Maps,
in the Office of the County Recorder of Said County.
Pursuant to Planning Commission approval of Setback Adjustment 92-099, on March 10,
1992, the following encumbrance should be recorded on the above -referenced parcel:
a. No solid, permanent walls (or portions there of) or roof (or portions there of)
shall be installed on structure which would.constitute converting the gazebo in
rear yard to an enclosed structure.
b. The gazebo in rear yard.shall not be attached to the main structure or perimeter
wall on Dune Palms Road.
c. Should the gazebo in rear yard be replaced, the new structure shall comply with
setback requirements in effect'at the time of replacement.
Dated r 5,
STATE OF CALIFORNIA SS.
COUNTY OF Z i V -e V-S c� On this 2 5- day of n4 a r e-L , in the year 0 ,
before me, the undersigned, a Notary Publicin and for said State, personally
;reared �,,e a�J rt w WIrl
Sk-e - Nay.l �• S�-e
(personally known to me
proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to this instrument, and acknowl-
edged to me that he (she or they) executed it.
Signatur
;. OFFICIAUNOTARY SEAL
MARTHA ANNE OSBORNE
-� NoGuy Public — California
i., RIVERSIDE COUNTY a6 `.
My Cornfn Expires SEROZ1695
T•2.17
NOTARY PUBLIC IN AND FOR SAID STATE
(This area for official notarial seal)
MAIL TAX STATEMENTS AS DIRECTED ABOVE.
RECORDING REOUESTEre
',Qr ding Requdtec- By _
Cq ICHIGAGO THE C0MFW,-0,T
AND WHEN RECORDED MAIL TO
Name Mr. and Mrs. Gerald J. Shea
G� 44-037 Erie Court
Cjsddre Indian Wells, CA 92210
�4ddress
City &
State I J
MAIL TAX STATEMENTS TO
Name r �
Street
Address Same as ab ove
City &
stete L _._ - ..._ - J
CAT. NO. NNO0586
TO 1925 CA (11-83)
SPACE ABOVE THI
Partnership Grant Deed
THIS FORM FURNISHED BY TICOR TITLE INSURERS
LINE FOR RECORDER'S USE
The undersigned grantor(s) declare(s):
Documentary transfer tax is 212.30
(XX) computed on full value of property conveyed, or
( ) computed on full value less value of liens and encumbrances remaining at time of sale.
( ) Unincorporated area: (XX) City of LA QUINTA and
FOR A VALUABLE CONSIDERATION, receipt of which is. hereby acknowledged,
Desert View Homes, LTD.
a Limited partnership organized under the laws of the State of California
hereby GRANTS to
Gerald J Shea and Mary J , Shea, husband and wife as Joint Tenants
the following described real.property in the City of La Quints.
County of.__._R3verside . Crer� of r�rc_r•.:ia.
Lot • 14 of Tract 23935-1 in the City of La Quints, County of Riverside, State
of California, as per map recorded in Book 223, Pages 26 through 29, Inclusive of
Maps, in the Office of the County Recorder of Said County.
EXCEPT 50% interest and royalty in and to all oil and gas and other minerals of
whatsoever nature found in or located upon or under the land or premises herein
described or that may be produced thereon, as reserved in deed from Lucy L. Burt,
a widow, to Edward Greenfield, a single man, Myer Greenfield, a married man,
Benjamin Greenfield, a married man, and Joseph Greenfield, a married man, dated
April 15, 1959, and recorded May 11, 1959 as Instrument No. 40020 of Official Records..
THIS 800UMENT IS BEING RERECORDED TO CORRECT THE VESTING AS JOINT TENANTS
Dated: June 1, 1991
STATE OF CALIFORNIA l
COUNTY OF• Riverside } 49•
O❑ June 24, 1991 before
me, the undersigned, a Notary Puhlir. in and fnr said
State, personally appeared
George W. Richards
personally known to me or proved to me on the basis
of satisfactory evidence to be the person_ who exe-
cuted the within instrument as
of the partners of the partnership that executed the
within instrument, and acknowledged to me that such
partnership executed the same.
WITNESS my hand and official seal.
Signature
Desert View Homes, LTD., a California
Limited Partnership
r
By
George W Richards Partner
By (DBA GWR Development
Partner
fill IrcyFilvi.11,r-�I���riln `
w r PR{:'t.,RSI i C` Li IPI di
NiVoii Ex^E eOrJou.
Mr Commisvon Ez fires floe. 24, 19g2;�
(This area for official notarial seal)
Title Order No
Escrow i-r Loan No
MAIL TAX STATEMENTS A�
'ECTED ABOVE