Loading...
HomeMy WebLinkAboutZA Action Agenda 6-30-08ACTION AGENDA ZONING ADMINISTRATOR MEETING June 30, 2008 *~* CALL TO ORDER: 10:40 a.m. Community Development Department. Conference Room ROLL CALL: Dana Ogdon, Acting Zoning Administrator Reina Kapadia, Assistant Planner Eloise Harris, Recording Secretary PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda) CONSENT CALENDAR: No Items on Consent Calendar PUBLIC MEETING: 1. CONDITIONAL USE PERMIT - a request to permit an accessory building to be used as a guest room. APPLICANT/ PROPERTY OWNER: JOSE MARTINEZ LOCATION: RECOMMENDATION 440 SOUTH PACIFIC STREET That the Zoning Administrator adopt Zoning Administrator Action 08-008 approving Conditional Use Permit 08-011. Presentation: Reina Kapadia, Assistant Planner The Acting Zoning Administrator explained the process and asked those present to identify themselves as follows: Evelyn Martinez, representing the applicant; Jim Gomisky, 530 South Pacific Street, Tustin, who stated opposition to the project. The, Public Hearing opened at 10:41 a.m. The Acting Zoning Administrator reviewed the staff report and asked Ms. Martinez if she had read the report and the conditions of approval. Zoning Administrator Agenda June 30, 2008 Page 2 Ms. Martinez answered in the affirmative. Mr. Gominsky stated that his reasons for opposition were as follows: 50 percent of the residents in the area are renters, the on-street parking along Pacific is very congested, and the area seems to be regressing to apartment style living rather than single family homes. Mr. Gominsky also presented a petition signed by homeowners along Pacific Street and provided photographs he took of the parking situation. He added that Old Town Tustin is a very nice community, and he is concerned that the flavor of Old Town will be lost if these types of projects continue being approved. Bill Finken, 550 Pacific Street, arrived and echoed Mr. Gominsky's comments. Ms. Martinez stated that the building in question was already on the property; the intention is to make it safer. The Acting Zoning Administrator indicated that the building and the upstairs unit have been on the property for a long time; staff asked the owner to legalize that unit by eliminating the apartment; there is a provision in the R-1 zoning that allows a guest house when there is no kitchen; the building may not be structurally sound; there are building code updates that will have to be addressed. Ms. Martinez stated that the code violations were unknown to the applicant when the property was purchased. The Acting Zoning Administrator stated that this large lot would allow a second unit. If guests pay no rent and eat in the kitchen of the primary structure, a guest house would be allowed; a covenant will be attached to the property stating that future owners cannot convert the guest house to a rental. Mr. Gominsky stated that he changed his mind and would have no problem with the use as stated by the Acting Zoning Administrator and added that he cuts another neighbor's grass, because the occupants/renters do not do so. Mr. Finken indicated that another neighbor disrupts the peace by playing loud music in the middle of the day. The Acting Zoning Administrator indicated that code enforcement issues are complaint- based and that the City bills residents who are not in compliance; if the resident does not abate the problem, the matter goes to the City Attorney and ultimately to court. Mr. Gominsky stated that perhaps it is time for more areas to institute permit parking such as that on Mrytle. Mr. Finken referred to the City's intention to prohibit overnight on-street parking. Zoning Administrator Agenda June 30, 2008 Page 3 The Acting Zoning Administrator responded that such an ordinance is being prepared; if residents wish to state their concerns on this matter, they should express those concerns at a City Council meeting. Stating that he understood the concerns, the Acting Zoning Administrator approved Zoning Administrator Action 08-008 with the conditions listed in, Exhibit A approving Conditional Use Permit 08-011. The Acting Zoning Administrator added that this is an appealable item to the Planning Commission. Any appeal must be received by 5:00 p.m., July 7, 2008. The Public Hearing closed and the meeting adjourned at 11:00 a.m. REGULAR BUSINESS: None ADJOURNMENT: The date of the next meeting of the Zoning Administrator will be scheduled when items are set for hearing.