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HomeMy WebLinkAbout1982/02/10 - MINUTES a PI_ANNINC; COMMISSION MFL-TIN(; MINUTES Council Charnher, City Hall February 10, 1982 1:30 p.m. ROLL CALL F-Y 1981 - 1982 Present Present Excused Absences Planning Commission This Meeting to Date to date Michael Harris, Chairman X 12 3 Carrie Allan 13 2 Richard Service X 13 2 Paul Madsen X 13 2 Darel Harris X 13 2 David Christian X 12 3 Peter Koetting X 14 1 Staff Present Marvin D. Roos, Planning Director William Adams, City Attorney Michael Dotson, Planner I Douglas Evans, Planner III Mary L. Isenberg, Recording Secretary Architectural Advisory Committee Present - February 8, 1982 Larry Lapham, Chairman Peter Koetting Hugh Kaptur James Cioffi Chris Mills (alternate) David Hamilton Earl Neel David Christian (interim) Chairman called the meeting to order at 1:30 p.m. Approval of Minutes Minutes of the January 27, 1982 meeting, draft distributed, were unanimously approved, with the following correction: Page 3, paragraph 6, add: "by D. Harris" after . . . . . "expressed". (Cases 5.0211-CUP, 6.319- V, and TTM 17899). a I F ebruary 10, 1902 PLANNING: C(_JMMI 1-Ii1N MEI FIN(, MINU'rl -S Rage Z Approval of Minutes (Cont'd., Page 6, paragraph a, should be revise, to read as follows: "Commissioner Koetting stated that the use should be abatf,d erw the h,,llding should be preserved as an historical building". PUBLIC HEARINGS CASE 5.0212-CUP & 6.319-VARIANCE &fiI FA 17©99. Application by E. WILLIAMS (Watt Industries) for a CUP to allow 9'onstruction of a 7-unit timeshare/condominium project and a variance from rear/yard setback and timeshare location requirements on the southeast corner of Are4 Road/Tahquitz Drive, R-2 Zone, Section 15. (Environmental assessment an¢ tenatative approval of cases & map.) Planning Director stated that the item had been continued from the January 27 meeting for further staff :review and for input from the City Attorney and to address concerns of the ANC which had recommended restudy of the elevations. He stated that a packet had�een provided by Watt Industries and hand-delivered to the Commission regarding t nature and activities of the timeshare proposal and that there were staff and Commission concerns regarding the term "annexation" and also • the non-conformity of ,;the use as well as the combination of the proposed new complex with the existing timeshare project at the Tennis Club. He stated that the City Attorney was present to answer questions. He then reviewed briefly the staff report and gave direction for Commission action including the staff recommendation for tentative approvaYand preparation of a draft Negative Declaration. r` City Attorney stated) that he had only had time to scan the memo from the Planning Director regarding Jhe case, but that he saw no impediment to the granting of the variance since it i1a a proper vehicle and would set no precedent since each variance is unique. He Mated that the Non-conformance Ordinance creates a ten-year amortization period from the time it became non-conforming but not until offical notice is given, and that if non-conformity is being considered, the Tennis Club owner should be notified in order to alert prospective buyers that the use may be phased out. He stated that the Ordinance should not be changed. He reiterated that the proper procedure is to apply ,for a variance which would remove the non- conformity of its location on a non-major or secondary thoroughfare, and that the new proposal would be annexed according to requirements of the Department of Real Estate (DRE). He reiterated the fact that if the variance were not to be granted anti it was considered non-conforming, the owner of the Tennis Club should be notified. r In reply/'to questions by Commissioner Service, City Attorney stated that he would not view the request for a variance as a use variance since it arises out of a location and pArticular physical aspects of the project, and that annexation would be in the sensq that in order for the new complex to have rights to the amenities of the Tennis Club, it must be annexed to the Tennis Club and subject to C.C. & R.'s of that Club. a