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Thread: Parking space in front yard set back.

  1. #1
    Member
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    Oct 2007
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    Santa Ana, CA
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    Parking space in front yard set back.

    1. Customer refuses to draw a plan without the parking.
    2. I cannot approve a plot plan with the parking space.
    3. Our code enforcement needs a resolution to close the case.


    We received an anonymous complaint regarding proper landscaping.

    Code enforcement discovered that one of the parking spaces is in the front yard set back, he sent a non compliance letter and asked the customer to draw a plan to show how he is going to meet our front yard requirements.

    The upset customer came to me and claims that the parking space has been there since 1920 when the houses were built.

    We do not have any records of any driveways or any parking spaces in his file.

  2. #2
    Member
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    Oct 2007
    Location
    Santa Ana, CA
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    My supervisor told me to tell him that he cannot keep the parking unless he can show that the drive way was approved. I personally feel we have no right say such a thing. Would I be lying or is this the norm?
    Last edited by toadpad; 07 Oct 2007 at 8:11 PM. Reason: wrong text.

  3. #3
    Cyburbian KSharpe's avatar
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    In our county, if you have a non-conforming use, you have to prove that it is grandfathered in, otherwise, you have no right to it.
    Do you want to pet my monkey?

  4. #4
    Cyburbian Raf's avatar
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    Quote Originally posted by toadpad View post
    My supervisor told me to tell him that he cannot keep the parking unless he can show that the drive way was approved. I personally feel we have no right say such a thing. Would I be lying or is this the norm?
    If Santa Ana is a general law city and not a charter city (thinking back to my cal planning education, i think it is a charter city) then the use must be recorded through a deed or plot plan to be grandfathered in, such as an accessory structure etc. My first question is, does your city allow of parking within the front yard, most don't so then it is a non issue, and should remove the parking.

    Second question: Is this parking paved? If so, work with the land owner to remove it and suggest an alternative through a variance and using such aesthetics such as using geosynthetics that allows for grass to grow over a porous paving which accommodates the weight of vehicles parking over it.
    Men do dumb $hit... it is what they do to correct the problem that counts.

  5. #5
    Cyburbian Plan 9's avatar
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    Jun 2007
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    Quote Originally posted by toadpad View post
    My supervisor told me to tell him that he cannot keep the parking unless he can show that the drive way was approved. I personally feel we have no right say such a thing. Would I be lying or is this the norm?
    Low planner on the totem pole always has to play the "bad" planner in the good planner/bad planner game. No doubt when the issue gets raised to your supervisor, the issue will low and behold, be ok! Making him the "good" planner. If you disagree you should probably tactfully approach your supervisory and discuss why you both feel the way you do. There may be something he knows (politically) that you are not aware of.

    Anyway, you should see when the muni/zoning code first disallowed parking in the front yard. Then if the owner can show that the condition existed before that condition, it becomes an existing non-conforming use (as long as it has always been maintained that way). The owner could supply old photos of the house showing someone parked in the yard, or perhaps an aerial photo where it is visible.
    "Future events such as these will affect you in the future."

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