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SBA 1992-100SENT BY:Xerox Telecopier 7020 e' - 3,492+33PM 78-105 CALW-ESTADD LA '04�.� V V.;, 56 9.17-4 6193233362;# 1 OUINTA, CALIFOF� 82253 - (619) 564-2246 LA QUINTA w P,LAN'NING- &,DEVELOPMENT DEPARTMENT APPL`TCATION„f FOR SETBACK ADJUSTMENT CASE NO 2- trU FEE: $100.00 APPLICANT: Submit hi`s form with two copies of a sa��e(A115t3Dila,2 I00.ot4 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 PRI1jT OR TYPE APPLICANT/CONTRACTOR:) \�`tiC(��i �Y Lolln �hr DATE CONTACT PERSON (IF DIFFERENT)�� C �O�S a N PHONE��-�"'�Z-�� MAILING ADDRESS: (Address) (City) Mate) (Zip) OWNER'S NAME PHONE MAILING ADDRESS Address \ (City)- (Stet \ Z P►) STREET ADDRESS OF PROPERTY: h LEGAL DESCRIPTION OF PROPERTY: LOT #- TRACT a39 3c5-- 2- ASSESSOR'S PAR(_RT. NttMRF.R • ADJUSTMENT REQUESTED: REASON FOR REQUEST: 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 ♦ 4V an FILE COPV JL La Ninta Ten Carat Decade 082 - 1.,,9 March 24, 1992 Dodson Construction Subject Mr. Steve Dodson 68-805 A Perez Road Location: Topaz Cathedral City, CA 92234 45-420 Desert Fox Dr. Legal: Lot 5 Tract 23935-2 Dear Mr. Dodson: This letter is to report approval of your recent application for a 4M setback adjustment, pursuant to Chapter 9.188 of the City of La Quinta Planning & Zoning Regulations. The following setback adjustment has been approved subject to conditions and in accordance with attached Exhibit A. Al SETBACK ADJUSTMENT:. Five foot setback reduced to three feet. FOR: Swimming pool in rear yard for an R-1 Zoned parcel CONDITIONS: 1. The applicant shall comply with Municipal Code Fencing requirements for pools. 4v 2. Ensure pool is reinforced to Building Code requirements-. 3. This setback adjustment does not apply to mechanical, pool 10 equipment,the spa nor any other recreational amenity. a After review it was determined that: 1. This adjustment is consistent with the intent -and purpose of the Zoning Ordinance. 2. There are special circumstances applicable to the property, including such factors as size, shape, topography, location or surroundings that justify approval of the adjustment. These special circumstances are: this lot has limited space for a pool in the rear yard. City of La Quinta Post Office Box 1504 * 78-105 Cafle Estado La Quinta, California 92253 -Phone (619) 564-2246, Fax LTRGT.093/CS 619) 564-5617 Design 8 Production: Mark Palmer Desi�. 619-346.0772 3. This adjustment will not be detrimental to the health, safety, and general welfare of . the community or be detrimental to property in the vicinity of the parcel for which the adjustment is requested. If, you have any questions, please contact the undersigned. Very truly yours, JE'RY H P NI '"DEVELOPMENT DIRECTOR sde11 Associate Planner GT:ccs 'Attachment:. Exhibit A cc: Building & Safety Department LTRGT.093/CS -2- I6'X6' SPA 6" RAISED 4 JETS 100 WATT LITE TRILEVEL SEATS 22" 24' 27" 12" DAM WALL 12" OPEN SPILLWAY 3'-0' I�' raise VALVES OPEN BACKHOE J-Box 250 G F-&-1 16.7499' 15'-6„ 16.8333' planter sun deck r/ I I O 8' Auto F11� skimmer 7.9999' APP V BY PLANNING DIVISION I �. BY DATE z (lsEo?)ll����llb EXHIBIT tX.L! _CASE NO. ac- Aauadyne M1ni Pak a MAR 23 1992 -- .i 100' d H E - 'C "I T Y" 00 C� ■�--♦a■ B 19820 pinta - 1992 Ten Carat Decade February 2, 1993 FILE COPY Mr. Dennis Cunningham GWR Developers 47-275 Desert Eagle Court La Quinta, CA 92253 SUBJECT: SWIMMING POOL AT 45-420 DESERT FOX DRIVE Dear Mr. Cunningham: This is to inform you that the swimming pool which you have constructed at your residence as noted above is in violation with the setback requirements along the rear property line. It is Staffs determination that the required three foot setback between the water line and rear property line of your swimming pool at the north end has not been provided since the pool water encroaches to the rear property wall. It is necessary for you to take corrective steps to rectify the situation by reconstruction of that area so that the edge of the water line extends from the bottom of the pool to the top of the water line. The Building Department has indicated to our Staff that their recollection is that at the time of swimming pool final, it was not apparent that the water extended to the rear property line. As an alternative should you not want to correct the pool setback, you may apply for a variance (filing fee is a non-refundable $550). It will be up to you to establish the findings required to approve the variance. The variance requires public hearings before both the Planning Commission and City Council and will take approximately two months to process. With regards to the water spouts that have been placed in the rear property line wall, the Zoning Ordinance does not specifically prohibit the use of water spouts or waterfalls within the rear setback area. Presently you are permitted to run pool plumbing within the setback area between the swimming pool and rear property line. It is Staffs determination that the water spouts in the wall are permitted provided that all plumbing and other parts are located on your property and do not encroach over the rear property line. Since the water line and spouts are installed in and on the wall it will be necessary for you to determine that they do not encroach onto the adjacent property. In order to do this, it will be necessary to have a licensed surveyor or civil engineer survey the property to establish the location of the rear property line in relationship to the wall and water spouts (and plumbing). LTRSS.294 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 13 It is Staff s opinion that the water leak which has resulted in a water spot on the rear side of the wall facing the adjacent property should be properly fixed and sealed. If the leak is allowed to continue, over time, the . grouting and steel reinforcing will probably deteriorate and detrimentally affect the wall. In, summary, the proper three foot setback between the water line and property line must be provided. Additionally, a survey must be completed to establish the location of the rear property line. If the water spouts encroach over the property line they will need to be removed. Regardless, the wall facing the adjacent property to the rear must be properly repaired and sealed. Please contact this Department to let us know when these corrective measures will be initiated. Thank you for your cooperation. Should you have any questions regarding this matter, please contact the undersigned. Very truly yours, JERRY HERMAN PLANNING & DEVELOPMENT DIRECTOR STAN B. SAWA Principal Planner SBS:bja cc: Tom Hartung, Building & Safety Director . g Mark Harold, Building & Safety Department LTRSS.294 a 4 78-105 CALLE ESTADO — LA QUINTA, CALIFORNIA 92253 - (619) 564-2246 FAX (619) 564-5617 January 12, 1993 Mr. Dennis Cunningham SANTA ROSA DEVELOPERS 45-275 Desert Eagle Ct. La Quinta, CA 92253 Dear Mr. Cunningham,. The purpose of this letter is twofold: 1) To confirm in writing our conversation at the Topaz tract on Wednesday, December 16, 1992, regarding the condition of the pool located at your personal residence at 45-420 Desert Fox Drive. As you may recall, the discussion came about due to correspondence received at the City offices from Mr. Charles R. Drum. At the end of our discussion, it was understood that it would be necessary for you to either obtain a variance from the City Planning Department fora zero clearance on your rear setback or remove the fountain and observe your previously granted three foot to property line setback adjustment. 2) We will be unable.to perform any further inspections upon the tract homes currently under construction until this has been resolved. We appreciate your prompt attention in resolving this situation. Best Regards, BUILDING AND SAFETY DEPARTMENT Mark Harold Building Inspector II MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 December 7, 1992 City of La Quinta Building & Safety. (CODE ENFORCEMENT) 78105 Calle Estado La Quinta, 92253 Re: UNLAWFUL USE OF A COMMON WALL DIVIDING PROPERTY LOCATED AT 45-420 DESERT FOX -DRIVE, LA QUINTA During March or April of 1992, DENNIS CUNNINGHAM, (Builder) for TOPAZ (Santa Rosa Development;_ Inc.),offices and models located at 45-275 Desert Eagle Court (personally) moved into 45-420 DESERT FOX DRIVE, and soon after built a pool and water fall. I own the home directly behind DENNIS CUNNINGHAM at 454-25 DESERT EAGLE COURT. We share a common wall.that divides the property. Shortly after the pool and water fall were installed a "water spot" appeared on my side.of the rear wall, which over the months has become larger and larger. I approached DENNIS CUNNINGHAM personally and by telephone. of the problem. DENNIS CUNNINGHAM. reassured me each time we spoke that he would take care of the problem. Unfortunately, the problem still exists today and to my knowledge nothing has ever been done to try and correct the problem. Recently, another building contractor visited with me and observed the growing water pot on the wall and advised me to contact your office immediately, to file a complaint: 1. Water lines for a water fall were built into a common wall between the two properties. 2. The pool was built too close to the common wall to ever pass BUILDING & SAFETY CODES. Please investigate. If you should need further information please contact me at my Los Angeles location. La Quinta is a weekend/vacation home only, at this time. Sincerely,' CHARLES R. DRUM 4509 Callada Place Tarzana, Ca 91356 (818) 342-3220 DE.c 1 ` 1�92 BUILDING & SAFETY DEFT. i 6'X6' SPA 6" RAISED 4 JETS 100 WATT LITE , TRI LEVEL SEATS 22" 24" 27" 12" DAM WALL "raise 12" OPEN SPILLWAY 3'-0 Progerty Line BLOCK WALL sun deck planter 4' I 16.7499' 5'6" 81 3 6 ,. ,. Auto Fill 1 5,_6„ 8, ' skimmer VALVES 16.8333' ' CCESS OPEN BACKHOE J-B-ox AP P BY PLANNING DIVISION F5o GY DATE Z ELCT• © CASE NO. Auto Fill Aquadyne Mini Pack MAR 2 3 1992 CITY OF LA QUINTA PL1l<N;+ RdG DEPARTMENT 7.9999' 100, -� GENERAL SPECIFICATIONS SIZE 1C, X 4s AREA sos DEPTH SHAPE PERIMETER TILE SIZE TILE COLOR COPING by others COPING COLOR 1 0'-8" POOL CAPACITY GALS PUMP CAPACITY GPM MOTOR HP HP FILTER SO FT FILTER RATE GPM TURNOVER HRS VACUUM LINE &SKIMMER " RETURN LINE MAIN DRAIN " SKIMMER MODEL CHECK VALVE HEATER LAARS SIZE BTU GASLINE BY POOL LIGHT 400 WATT SPA LIGHT CLOCK 220 V. ELECTRIC BY S.D.C. 32'-7 ELECTRICAL BONDING BY: S.D.C. TILE AND COPING DECKING BY OTHERS CONTRACTOR cannot assume responsibility for damage to curbs, sidewalks, driveways, cement slabs, sewers, lawns,trees, fences, retaining walls, sprinklers, telephone lines or shrubs. When access is made through a neighbor's property it is understood that you, the owner, have that neighbor's permission and assume full responsibility. Namee • %����ll a?J Address 45-420 DESERT FOX DR. La Quinta POO& Dodwn SHOW ROOM 66-805-A PERZ RD. STE. E-9 CATHEDRAL CITY CA. 92234 PHONE (619) 324-1232 L I C Ir A-574127