HomeMy WebLinkAboutRP 82-10; Javid Deli; Redevelopment Permits (RP) (2)VINCENT F. BIONDO, JR.
CITY ATTORNEY
RONALD R. BALL
ASSISTANT CITY ATTORNEY
CITY OF CARLSBAD
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008-1989
(619) 438-5531
March 30, 1987
Robert Cornell
dba Ollie's Oyster Bar
2975 B Carlsbad Boulevard
Carlsbad, California 92008
RE: FAILURE TO REMOVE A PATIO DECK AFTER DENIAL
BY THE REDEVELOPMENT AGENCY
Dear Mr. Cornell:
Thank you for attending the office hearing with Michael
Harrington, Code Enforcement Officer, and myself on Monday, March
30, 1987 at 9:00 a.m. in my offices in order to discuss the above
referenced matter. At that meeting, we discussed the necessity
for the construction and maintenance of the patio deck which you
constructed in approximately May 1986. As you explained to us,
that deck is a positive attraction to your business and you
consider it economically essential to its operations, especially
in the summertime. The deck, however, was constructed and is
maintained without the necessary redevelopment permit from the
Redevelopment Agency. You applied for that permit in July 1986
and a hearing, at which the matter was to be discussed, on the
first Wednesday meeting in September 1986 was continued, at your
request, until the meeting scheduled on the third Wednesday of
September 1986. You did not attend that meeting and your
application was denied. You were informed of that decision by
mail and a copy of it was personally delivered to the business
establishment during the fourth week of September 1986. You did
not appeal that decision. As I promised, I have looked into the
matter of whether or not you may renew your application for a
permit for the deck. Carlsbad Municipal Code Section 21.35.120
governing the Village Redevelopment Zone coordinates the
procedures for a redevelopment permit with the other procedures
in Title 21. According to Section 21.54.130, you may not submit
a substantially similar application for permit within one year
from the date of denial. A copy of that section is enclosed for
your information.
-2-
If your application is substantially revised, you may submit
that application for consideration.
As we further discussed, the deck encroaches into the required
parking approved under the redevelopment permit issued to your
predecessor. Redevelopment Permit No. 82-10.
After this review, I respectfully request that you remove the
offending deck or submit a substantially revised application by
April 13 or I will feel free to pursue whatever leqal, equitable
and administrative remedies are best calculated to obtain your
compliance with Title 21 of the Carlsbad Municipal Code.
Should you have any questions regarding the above, please do not
hesitate to contact me.
Ve^pt^truly yours,
RONALD R. BALL
Assistant City Attorney
rmh
enclosure
c: Code Enforcement Officer
Redevelopment Manager