PART IV: David & Debbie Hutchings' MILLS ACT CONTRACT

“De minimis:” Why the City Council Should Have Granted the Hutchings’ MILLS ACT CONTRACT

De minimis:
adj. (dee-minnie-miss) Latin for "of minimum importance" or "trifling." Essentially it refers to something or a difference that is so little, small, minuscule or tiny that the law does not refer to it and will not consider it. In a million dollar deal, a $10 mistake is de minimis.
(Source: http://www.thelawencyclopedia.com/term/de_minimis?gclid=CLSrwYjv54YCFTODCwodYBjGAg)


CITY OF CARMEL-BY-THE-SEA
STAFF REPORT

TO: MAYOR McCLOUD AND COUNCIL MEMBERS

THROUGH: RICH GUILLEN, CITY ADMINISTRATOR

FROM: SEAN CONROY, SENIOR PLANNER

DATE: 8 AUGUST 2006

SUBJECT: CONSIDERATION OF A MILLS ACT CONTRACT AND A
MAINTENANCE AND MANAGEMENT PLAN FOR AN EXISTING HISTORIC RESIDENCE LOCATED IN THE SINGLE-FAMILY RESIDENTIAL (R-1) DISTRICT

RECOMMENDED MOTION
Approve the Mills Act Contract and adopt the Maintenance and Management Plan.


Required Findings: CMC 17.32.100.B requires that specific findings be made before a Mills Act Contract can be approved. The following is a list of the findings with a response from staff:

(F) Meet all zoning standards applicable to the location of the property.

Response: An addition was approved on the rear to the historic residence in 2002 that increased the floor area on the site by approximately 11%. No addition or alteration has occurred that has affected the primary (east) elevation, with the exception of the in-kind replacement of the garage doors. The Historic Resources Board and the Planning Commission determined that the addition to the rear was consistent with the Secretary’s Standards. Any future proposal for alterations would be required to follow the City’s adopted procedures and be consistent with the Secretary’s Standards and the requirements of this contract.
As part of the addition and remodel in 2002, the Planning Commission granted two zoning exceptions, one for plate height (excess of 18’) and one for the number of stories

The Council should discuss if this violates required finding 3F, or if the finding can still be made since the exceptions were granted by the Planning Commission.




ISSUE: Whether the zoning exception, granted by the Planning Commission, for an increase in second story by 12” (according to Associate Planner Sean Conroy at the meeting) meets the requirements of 3 (F) Meet all zoning standards applicable to the location of the property.

Thus, at the 8 August 2006 City of Carmel-by-the-Sea Council meeting, the following verbal exchange occurred between Council Member Bethel and City Attorney Freeman regarding the Hutchings’ Mills Act Contract application:

City Councilman BETHEL: “My understanding of the word de minimis basically means that if this is ruled so insignificant, the 12” plate height, then my recollection of what the word means...is it would meet all the zoning standards applicable."

City Attorney FREEMAN: De minimis means...to give you an example. If you have a 10’ setback and if the setback is only 9’11”, it’s over by 1”, while it’s not technically 10’, the reality of it is it’s de minimis in nature, it doesn’t really affect anything and thus it’s not precedent setting. If somebody else actually came in with a 1” difference, we would grant that as well because it doesn’t really mean anything. So what you have to determine is this 12” plate height is that de minimis in nature. So that if somebody else came in with a similar problem, which could happen but may never happen, would you consider that de minimis too? And if the answer to that is yes, you would consider that de minimis and it would comply with all the rules as written.

Amazingly, after this exchange, Council Member CUNNINGHAM moved to deny the Hutchings’ Mills Act Contract for the property’s failure to meet criterion 3 (F), seconded by Mayor McCLOUD, and carried by the following roll call:

AYES: CUNNINGHAM, HAZDOVAC & McCLOUD
NOES: BETHEL, ROSE
ABSENT: NONE
ABSTAIN: NONE

After the vote, Council Member Cunningham had the chutzpah to shout out into the audience in the direction of David Hutchings, “Reapply David! Reapply! Reapply! Reapply!”