MONTEREY PENINSULA
WATER MANAGEMENT DISTRICT
FINDINGS OF DENIAL
CONSIDER VARIANCE
REQUEST FROM DISTRICT RULE 24-C: TABLE I, RESIDENTIAL FIXTURE UNIT COUNT – 69
VIA CIMARRON, MONTEREY – ZANETTA & BEAUCLAIR
APRIL 21, 2003
It is hereby found and determined as follows:
1. FINDING: Bruce Zanetta and Therese Beauclair are requesting a variance from District Rule 24-C, Table I: Residential Fixture Unit Count (amended by Resolution 2001-09 on July 16, 2001) to allow credit for twelve showerheads installed at their home at 69 Via Cimarron, Monterey.
EVIDENCE: Application for Variance attached as Exhibit 13-A.
2.
FINDING: In
1999, the applicant obtained a water permit under the then-current rules to
install six new showerheads in an existing bathroom.
EVIDENCE: MPWMD Water Permit #17595 attached as Exhibit 13-D.
3.
FINDING: The
City of Monterey building department finalized its building permit (#B990292
for the installation of six showerheads at 69 Via Cimarron, Monterey) on March
16, 2000.
EVIDENCE: Records
on file at the City of Monterey Building Department.
4.
FINDING: The
District finalized its Water Permit #17595 by a District inspection on March
22, 2000. The District’s inspection
verified the installation of six showerheads that met the District’s water
conservation standards.
EVIDENCE: MPWMD
inspection report affixed to Water Permit #17595 (Exhibit 13-D).
5.
FINDING: Any
new water permit application submitted to the District would be
processed according to the District’s current Rules and Regulations.
EVIDENCE: District Rules 20, 23 and 24, on file at the District office.
6.
FINDING: The
applicants proposed remodel includes the addition of a master bathroom (two
lavatory sinks, toilet, tub and shower), utility sink, vegetable sink, and
second lavatory sink in the existing bathroom.
There are 9.7 new fixture units in the remodel described in the variance
application.
EVIDENCE: Application
for Variance attached as Exhibit 13-A.
7.
FINDING: The
District has not received a complete water permit application for the remodel
discussed in the variance application attached as Exhibit 13-A.
EVIDENCE: Records
on file at the District offices.
8. FINDING: District Rule 24-C, Table I: Residential Fixture Unit Count, as amended by Resolution 2001-09 on July 16, 2001, disallows water credits for more than two showerheads in a shower stall.
EVIDENCE: District Rule 24-C, Table I: Residential Fixture Unit Count District, attached as Exhibit 13-B and finalized minutes from the July 16, 2001 Board meeting attached as Exhibit 13-F.
9.
FINDING: The
applicant has the ability to offset the 9.7 fixture units requested in the
variance application by adding the second bathroom under Ordinance No. 98 (the
second bathroom ordinance), installing a low-flow washing machine and
dishwasher, an instant-access hot water system, installing two 2-liter toilets
or one 2-liter toilet and one 1-gallon toilet, and removing the six
showerheads.
EVIDENCE: The
above stated water fixtures add up to either 9.8 fixture units (using one
2-liter flush toilet and one 1-gallon flush toilet) or 10.1 fixture units
(using two 2-liter flush toilets). These
calculations are on file at the District offices.
10.
FINDING: The City of Monterey does not limit the
number of water fixtures allowed in an existing residence when any added water
fixtures are offset using either District Rule 24-C (adding a second bathroom
to an existing single-family dwelling unit) or by retrofitting appliances or
receiving other conservation incentives to offset new fixtures. The City of Monterey’s fixture unit limit
applies only to new construction and remodels that request water from the
City’s water allocation.
EVIDENCE: Telephone
conversation between Stephanie Pintar, MPWMD Water Demand Manager and Todd
Bennett, Associate Planner for the City of Monterey, on April 14, 2003.
11.
FINDING: There is no basis to grant a variance to
the applicant to allow water credit for multiple showerheads.
EVIDENCE: The above stated facts.
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