A Coronado citizen, concerned about what he sees transpiring in the Country Club neighborhood, writes a letter to City Manager Mark Oschendusko. Here is the letter:
February 4, 2009
Dear Mark,
I am writing to complain that the residence at 831 Coronado Avenue (plz see photo) has been altered in such a manner that the garage is no longer accessible by vehicles. Each residence is required to have covered off-street parking space.At the above residence, the curb-cut and curved driveway have been removed. By virtue of removal of access, the garage has been converted to living space in violation of zoning standards.
I am wondering if the City of Coronado has approved or performed the removal of the driveway. Placement of a new curb-cut now allows parking for only uncovered vehicles. This action renders the property to be "non-conforming", which could limit its ownership transferability and collateral for financing.
Most importantly, this alteration has reduced not only this property's market value, but also the values of the adjacent homes. If this alteration was approved by the City, the adjacent homeowners may have cause to take legal action against the City. As owner of property within 300 feet of this residence, I object to the haphazard scope of the work in progress.
And as you know, to move the garage door 90 degrees to face the street is structurally impossible with non-conforming Sleeping Quarters above the garage, and Coronado's design standards discourage the placement of garage doors facing a street.
Yours truly,
Jerry Toci
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Thursday, February 05, 2009 4:21 PM
Dear Mr. Toci,
The City Manager has asked me to respond to your email regarding 831 Coronado Avenue. This property is the subject of an ongoing Code Enforcement (CE) case, which remains open due to violations of the Municipal Code which remain unabated. Staff continues to require that the property owner remove all Code violations, in order to gain compliance with the Municipal Code.
Here are the details of this case:
On May 30, 2008, staff inspected the curb, dwelling and garage at 831 Coronado Avenue, and found several violations of the Coronado Municipal Code on the property.
As a result, staff opened a Code Enforcement case, and sent the property owner a Notice of Violation. That Notice informed the owner that the violations included, but were not limited to:
1. Removal of an existing driveway curb cut approach without a Right-of-Way Permit.
2. Lack of required durable, dust free driveway to garage.
3. Lack of access to a required two-car garage for off-street parking, which is a minimum 18’ X 20’ in size.
The Notice further stated that in order to comply with the Municipal Code, the property owner must:
1. Hire a State of California licensed contractor to apply for and comply with a required Right-of-Way Permit, issued by the Coronado Engineering and Project Management Department, to install a new required driveway apron curb cut, and repair the existing curb.
2. Install a required driveway, comprised of a durable, dust-free surface, which leads to a required two-car, covered garage, with a garage door. The dimensions of such garage, for parking cars as they drive in, is a minimum of 18 feet wide (left to right) and 20 feet deep (front to back). A Building Permit is required to alter the existing garage to gain compliance with the Municipal Code.
On August 11, 2008, staff re-inspected the subject address, and found that the violations had not been abated. Staff then checked the Permit history, and found that the property owner had not applied for any Permits to abate the violation. As a result, staff sent a second Notice of Violation to the property owner.
On October 20, 2008, staff again staff re-inspected the subject address, and found the violations have not been abated, and that the property owner had not applied for Permits in order to abate the violation. As a result, staff sent the property owner an Enforcement Through Administrative Abatement notice. In this notice, staff informed the property owner that the on-going violations have not been abated, and that an administrative hearing would be conducted for the purpose of abating a violation of the Code, in accordance with all the provisions of:
City of Coronado Municipal Code Section 1.8.070: Enforcement Through Administrative Abatement
As a result, on November 12, 2008, the property owner applied for and was issued Plan Check Permit #0811-037, for a 100 square foot addition of FAR to the attached garage at the second floor. The plans were plan checked to verify accordance with the Zoning Ordinance. In addition, the plans depict the reconstruction of the garage door, which is proposed to be rotated on the structure to face Coronado Avenue, in order to provide the required two-car covered garage for off-street parking. The Building Inspector will require that a registered structural engineer draw and certify the plans for this alteration, before the Building Permit is issued.
As of today, the Building Permit has not yet been issued to the property owner.
On January 26, 2009, the property owner applied for and was issued a public Right-Of-Way (PROW) Permit by the Coronado Engineering and Project Development Department. Subsequently, in accordance with the City of Coronado regulations for work in the PROW, the owner hired a qualified and licensed contractor to install a new curb cut, and repair and install a new curb. The project was inspected and approved by a City engineer.
Since the property is not in compliance with the Code, the owner has been notified that this case will be scheduled for an administrative hearing on February 11, 2009. Further, the owner was notified that he can avoid this hearing by paying for and complying with a Building Permit prior to this time. The Permit will be issued to alter the garage to provide the required two-car covered garage for off-street parking. The garage must have a garage door installed in the correct location, in order to provide the required two-car off-street parking from the new curb cut to the garage.
Before the project is approved, staff will inspect to make sure that the garage is in fact 18’ X 20’ in size, and free and unobstructed, with adequate ingress and egress. Also, the inspection will make sure that no part of the garage has been converted to living space.
John C. Swanson
Assistant Planner, City of Coronado
Department of Community Development, Redevelopment & Housing Services
• • • • •
Monday, February 09, 2009 2:12 PM
Dear Mr. Swanson,
Inasmuch as I appreciate your timely response, it is disheartening and appalling to learn that you were made aware of this violation as far back as May 30, 2008. City crews pass by this location every day, and in any other city, illegal removal of a curb would result in an arrest and citation issued for damage to public property.
It is difficult to tell whether this situation is yet another case of undue favorable treatment of an individual, or if it represents a total lack of competence on the part of City Planning/Code Enforcement.
I will say, however, that this case which will soon be one year old is an affront to the sensibilities of nearby property owners. You know who I mean: the rest of us, who play by the rules. Some of our neighbors may feel intimidated by the owner of the above property, others feel intimidated by the City.
Any legal action against the offending party will not reflect well on the City of Coronado, which is compelled by statute to prevent the degradation and devaluation of neighborhood residential properties. The byproduct of lower property values is reduced taxes which pay for schools and public services.
Mr. Swanson, your failure to take swift, timely action on this matter has condoned the owner of 831 Coronado Avenue to convert his garage to living space, beginning with the moment he first removed his driveway. This may start a dangerous precedent for others to follow, including the destruction of public property in removal of the City curb.
Yours truly,
Jerry Toci
• • • • •
Thursday, February 12, 2009 10:52 AM
Mr. Toci,
This is in response to your message to Mr. Swanson regarding the violation at 831 Coronado Avenue.
I wanted to let you know that code compliance on this violation was initiated by Mr. Swanson in May when he observed the removed driveway while driving by the property. In fact, Mr. Swanson did take timely action on the matter, and has continued to try to gain compliance by the property owner.
I am sorry you feel that city staff has condoned the actions of the owner of 831 Coronado Avenue. To me, Mr. Swanson’s periodic follow up on this violation did not condone the property owner’s actions.
I appreciate your interest in improving our ability to gain compliance at 831 Coronado Avenue. Thank you for the opportunity to respond to your inquiry.
Rachel Hurst
Director of Community Development, Redevelopment & Housing Services
• • • • •
Thursday, February 12, 2009 1:29 PM
Ms. Hurst,
Thank you for your perspective on this issue.
It has now been over 10 months since the driveway was removed and the garage no longer accessible by vehicles. If, as you say, Mr. Swanson has taken timely action on the matter, how is it that the owner was given permission to move his driveway entrance to a new location now where there cannot be a garage door installed?
If, as you say, city staff has not condoned the property owner's actions, why then does this zoning/code violation continue to exist over 10 months later?
Is compliance with Code strictly voluntary in Coronado?
Further, what was the result of yesterday's hearing on the matter?
Jerry Toci
• • • • •
Wednesday, February 18, 2009 3:54 PM
Ms. Hurst,
Just a reminder that following your Out Of Office reply, the neighbors are waiting to hear the results of the 2/11/09 hearing which had been scheduled on this matter.
Thank you,
Jerry Toci
• • • • •
Wednesday, February 18, 2009 4:58 PM
Mr. Toci,
I will provide an update to you tomorrow.
Rachel
Rachel A. Hurst
Director of Redevelopment & Housing Services
• • • • •
Thursday, February 19, 2009 4:48 PM
Mr. Toci,
Today, the owner obtained a building permit to re-orient the garage to be accessible from the new driveway. Because the property owner obtained a building permit to correct the violation, an administrative hearing was not scheduled. Progress on the construction will be monitored to continue to try to eliminate the violation. While code compliance is not strictly voluntary, success does rely on the on-going cooperation of the property owner.
Thank you for your interest.
Rachel
Rachel A. Hurst
Director of Redevelopment & Housing Services
• • • • • •
Friday, February 20th 12:12 PM
Rachel,
My apologies, but I am confused.
Mr. Swanson advised that an administrative hearing had been scheduled for Feb. 11.
Now you report that a building permit was issued on Feb 19, and that the hearing had been cancelled.
It is structurally infeasible to "rotate" the garage entry 90 degrees so that it faces the street with the weight of non-compliant living quarters above. The width of the street-facing wall is insufficient to accommodate a garage door of permittable size. If a neighbor visits City Hall are there blueprints which can be reviewed?
1) How can a building permit be issued to alter a structure which was not built to code in the first place?
2) HOW LONG does the owner have to commence construction?
3) HOW LONG does the owner have to complete this project?
4) How will "progress on the construction be monitored" by City staff?
5) City staff will "try to eliminate the violation"??
6) What was the penalty assessed to the owner for demolition of public property?
Jerry Toci
• • • • •
This is where the code violations stand today.
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