HomeMy WebLinkAboutAV 91-12; Hill Residence; Administrative Variance (AV) (17)NOVEMBER 18, 1992
TO : ASSISTANT PLANNING DIRECTOR
FROM : City Attorney
PLANNING COMMISSION MEETING/DECEMBER 2, 1992
I have reviewed the staff reports for the above referenced meeting and have the following comments:
HILL RESIDENCE/AV 91-12 C.M.C. section 21.51.050 (b) requires the planning director to announce his decision on an administrative variance in a letter to the applicant containing facts and reasons to support the granting or denial. This letter should be attached to the appeal.
It should be noted in the staff report that under Urgency Ordinance
No. NS-206 Itno building permit application shall be accepted, processed or approved and no building permits issued for accessory structures or other structures in the R-1 Zone, any portion of which is located within the required rear yard or side yard setbacks.** The ordinance allows an exception to be made to this prohibition if the City Council holds a public hearing and finds
that the issuance of a permit for a certain accessory structure does not represent a threat to public health or safety. Although the issue of appeal is whether or not an administrative variance can be granted for the reduced setback caused by the placement of the storage structure, it should be noted that even if a variance was granted, a building permit could not be issued without City Council approval. This ordinance is in effect for 10 months and 15 days after 7/14/92 or until a zoning ordinance amendment on this
subject is passed, whichever occurs sooner.
LA VERCIA CONDOS/CT 91-07/CP 91-04
The findings in the resolutions of approval should parallel the analysis and discussion of the requirements in the staff report. There should be findings added which state that the project complies with the provisions of Title 20 and the Beach Overlay Zone Regulations (Chapter 21.82 of the municipal code.) The second
finding in Resolution No. 3470 should be modified to refer to the Ilmunicipal codett rather than "this code". + EN J. HIRATA Deputy City Attorney 1. ..
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c: hnior Management Analyst Hoder Principal Planner Robert Green