CITY COUNCIL: Findings for Council's Decision to Grant Appeal

Meeting Date: November 4, 2008
Prepared by: Marc Wiener, Assistant Planner

City Council
Agenda Item Summary

Name: Consideration of findings for the Council’s decision to grant an appeal requesting that a second-story deck be removed from a project located at Guadalupe 4NE 5th Avenue. The appellants are Helen and Mark d’Oliveira.

Description: The appellant argued that the proposed second-story deck on the project proposed
to their neighbor to the north would significantly affect their privacy and requested City
Council to require the removal of the deck from the development plans.
Overall Cost:
City Funds: N/A
Grant Funds: N/A
Staff Recommendation: Adopt the findings.
Important Considerations: The Residential Design Guidelines encourage new development to
be considerate of the privacy enjoyed by neighboring properties. The Council
determined that the proposed second-story deck was inconsistent with the Design
Guidelines.
Decision Record: The City Council required the removal of the deck at its meeting of October 7,
2008.
Reviewed by:
__________________________ _____________________
Rich Guillen, City Administrator Date
58
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
FINDINGS FOR DECISION
DS 08-52 (GL Properties)
Appellant: Helen and Mark D’Oliveira
E/s Guadalupe bet. 4th & 5th
Block 44, Lot 14
CONSIDERATION:
Consideration of Findings for Decision for the granting of an appeal to remove a secondstory
deck from a proposed development project.
FINDINGS OF FACT:
1. The project site is located on the east side of Guadalupe Street between Fourth and
Fifth Avenues in the Single-Family Residential (R-1) District.
2. G&L Properties submitted an application to demolish the existing residence on the
site and construct a two-story residence on 7 April 2008.
3. The Design Review Board reviewed this project on three separate occasions and
approved it with special conditions on 23 August 2008.
4. The neighbors to the south of the project filed an appeal with the City Clerk on 5
September 2008.
5. The City Council granted the neighbors’ request to require the removal of the
second-story deck on the south elevation of the residence on 7 October 2008.
FINDINGS FOR DECISION:
1. The proposed second-story deck is inconsistent with CMC section 17.10.010.G,
which indicates that designs should respect the privacy of neighbors.
2. The proposed second-story deck is inconsistent with Residential Design Guideline
5.1, which encourages preserving reasonable privacy for adjacent neighbors and
locating balconies so they avoid overlooking indoor or outdoor use areas of
adjacent properties.
3. The second-story deck shall be removed.