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Findings for the Denial of an Appeal 03-05-13 Simonelli

Findings for the Denial of an Appeal 03-05-13 Simonelli

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JACQUELINE C. SIMONELLI, Plaintiff, vs. CITY OF CARMEL-BY-THE-SEA, CALIFORNIA, Defendant
JACQUELINE C. SIMONELLI, Plaintiff, vs. CITY OF CARMEL-BY-THE-SEA, CALIFORNIA, Defendant

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Published by: SebViz2 on May 14, 2013
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09/13/2013

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32
City CouncilAgenda Item Summary
MeetingDate:5 March 2013 Prepared
b
y:
Marc Wiener, AssociatePlanner
N
arne:
Consideration
of
findings for the denial
of
an appeal
of
the construction
of
a newsinglefamily residence. The property owner is Dennis Levett. The appellant is JacquelineSimonelli.
Description:
On 5 February 2013 the City Council heard an appeal requesting that the PlanningCommission'sapproval
of
Design Study andCoastalDevelopment Permit applicationsfor the construction
of
anewresidence
be
overturned.TheCityCouncil denied the appeal
by
appeal
by
a unanimous 3-0 vote. Staff has prepared findings to support thedecision.
Staff Recommendation:
Adopt the findings as presented to the CityCouncilon 5 March2013.
Important Considerations:
1)
Thedesign is in compliance with thezoningrequirements. 2) Withregardsto building mass andsolar accessthe design is considerate
of
neighboring propertie
s,
includingtheadjacentproperty to the west that is owned
by
theappellant. 3) Thedesignis considerate
of
neighboring privacy as conditioned by thePlanningCommission.
Decision Record:
On 5 February2013the CityCouncilunanimously denied
by
theappealwitha 3-0vote.
Attachments:
Findingsfor decision.
Reviewed by:
Date
 
CITY OF CARMEL-BY-THE-SEADEPARTMENT OF COMMUNITY PLANNING AND BUILDINGFINDINGS FOR DECISIONDS 12-122 (Levett)5
th
Ave 2 NW of LincolnBlock 53, Lots 17 & 19 APN: 010-211-005
CONSIDERATION
:Consideration of findings for the denial of an appeal of the construction of a new single-family residence. The property owner is Dennis Levett. The appellant is JacquelineSimonelli.
FINDINGS OF FACT:
1. The subject property is located on Lincoln Street two northwest of Fifth Avenue.The property owner/applicant is Dennis Levett.2. The applicant submitted a Design Study application on 29 November 2012 for theconstruction of a new single-family residence.3. The application was approved by the Planning Commission with conditions and findings on 9 January 2013.4. The adjacent neighbor to the west, Jacqueline Simonelli, submitted an applicationappealing the project on 22 January 2013.5. The appeal was heard by the City Council on 5 February 2013. The City Councildenied the appeal by a unanimous 3-0 vote.6. Findings for the decision have been prepared for the City Council to adopt on 5March 2013.
FINDINGS SUPPORTING DECISION:
1.
Finding:
The design is in compliance with the zoning requirements.
Evidence:
Residence is at the maximum floor area of 1,800 square feet.Residence is 2.5 feet below the maximum height of 24 feet.Residence is in compliance with all setback requirements.
33

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