Title
PLN160105 - BUCHHOLZ
Public hearing to consider an after-the-fact Design Approval for construction of an elevated structure, constructed to resemble a treehouse, exceeding the maximum allowable height of the zoning district.
Project Location: 17 Ring Lane, Carmel Valley, CA
Proposed CEQA Action: Denial of a permit is Statutorily Exempt per section 15270 of the CEQA Guidelines
Report
RECOMMENDATION:
It is recommended that the Planning Commission deny the application based on staff's interpretation that this is a structure exceeding the height limit in the LDR Zoning District.
If the Commission wants to consider approval of this structure, findings for a variance would be required. The application did not include a request for a variance.
PROJECT INFORMATION:
Planning File Number: PLN160105
Project Location: 17 Ring Lane, Carmel Valley
Zoning: LDR/2.5-D-S-RAZ
SUMMARY:
On July 16, 2015, in response to a complaint of construction without permits, Monterey County opened a Code Compliance Case (15CE00201) at 17 Ring Lane, Carmel Valley. A site inspection found an elevated accessory structure over fifteen feet in height being constructed without permits amongst oak trees in the rear of the property, behind an existing single family dwelling.
Subsequent to the code enforcement case being opened, the property owner applied for and was granted a Design Approval (DA) for the construction of a 238 square-foot treehouse in March of 2016. Typically, the Resource Management Agency (RMA) would not enforce permit requirements for treehouses because they are under-sized, temporary in nature, and do not include utilities. If required to obtain a permit, treehouses would have a difficult time meeting planning and building code requirements. In this case, the structure is atypical and warranted further investigation.
Approved plans show the height of the structure at 18 feet. Pursuant to Design Control district requirements, the DA was noticed for a 10-...
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