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HomeMy WebLinkAbout01 APPEAL USE DETERM. 02-04-02AGENDA REPORT NO. 1 "02-04-02 MEETING DATE: FEBRUARY 4, 2002 600-20 ~ TO: FROM: SUBJECT: WILLIAM HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT APPEAL OF PLANNING COMMISSION DENIAL OF USE DETERMINATION NOS. 00-001 AND 00-002 (14511 AND 14512 CARFAX DRIVE) SUMMARY On March 12, 2001, the Planning Commission denied Use Determination Nos. 00-001 and 00-002 finding that the uses that have been established at 14511 and 14512 Carl:ax Drive are not apartments and are boarding houses which require approval of conditional use permits. The applicant appealed the Planning Commission's decision. On April 16, 2001, July 16, 2001, and October 15, 2001, the City Council continued the appeal hearing at the request of the applicant so conditional use permit applications could be completed. On January 28, 2002, the Planning Commission approved the conditional use permits to establish boarding houses at 14511 and 14512 Carfax Drive. The applicant is requesting a continuance to March 4, 2002, to allow the appeal period for the conditional use permits to expire prior to withdrawing his appeal of the use determinations. Applicant: Marc Kassoff, S & K Properties Appellant: Marc Kassoff, S & K Properties Owner: Marc Kassoff, S & K Properties RECOMMENDATION That the City Council continue the public hearing on the appeal until March 4, 2002. BACKGROUND AND DISCUSSION On March 15, 2001, the applicant appealed the Planning Commission's denial of Use Determination Nos. 00-001 and 00-002. In accordance with Section 9294 of the Tustin City Code, if the City Council does not take any action within sixty (60) days of the date of the filing of the appeal, the Planning Commission's decision is final. However, on April 16, 2001, July 16, 2001, and October 15, 2001, the City Council continued the appeal hearing until February 4, 2002, at the request of the applicant. On June 18, 2001, the applicant submitted conditional use permit applications for two (2) boarding houses at 14511 and 14512 Carfax Drive. On January 28, 2002, the Planning Commission approved the conditional use permits to establish boarding houses for the purpose of operating a sober living facility at 14511 and 14512 Carfax Drive. The City Council Report Appeal of Use Determination Nos. 00-001 and 00-002 February 4, 2002 Page 2 applicant is requesting a continuance to March 4, 2002, to allow the appeal period for the conditional use permits to expire prior to withdrawing his appeal of Use Determination Nos. 00-001 and 00-002. i~'aren 15eterson Senior Planner Attachment A - Letter dated January 29, 2002 ccreport/ud00-001-2continue4.doc Elizabeth A. Binsack Community Development Director 01/30/02 10 gT0 Wid 17lb 8L. ilill D ?-3,pimos., (714) P~- (714) January 29, 2002 TO: 714/573-3113 4511 nnd 14512 Cnrf~, Tustin, Cali~ Use De~mina~ioa Dear Ms. Pea'mn: ~ to our conversion on tod~ty's d~te, pl~e continue tl~ :hearing on the appeal of the Use ~ns in f~ont ~1~ C~y C. otm~ for ~ 30 ~ Your oooperafofl in this matter is a~.~ttly ~precia~l. KER:kog KEV'iN F.,. ROI~N$ON