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Home My WebLink AboutNB 1 ADDITIONAL COMP. 05-04-81DATE: April 23, 1981 BUSINESS 5-4-81 Inter-Corn TO: FROM: SUBJECT: Honorable Mayor and Council Community Development Department Request for Additional Compliance Year-325 S. "C" Street REQUEST: Thomas J. Kelly, Sr., by letters dated March 30, and April 22, 1981, has requested an additional year for compliance with the zoning ordinance without forfeiture of security deposit for the property located at 325 S. "C" Street. BACKGROUND: This case goes back to September 27, 1978 when Mr. Kelly desired to convert an existing structure to mixed residential and commercial use. Public Hearings and Council discussions were held on the subject from April 2, 1979 through May 1, 1979. The matter was resolved by the signing of an agreement on May 1, 1979 (copy attached) whereby Mr. Kelly was permitted to continue his unlawful mixed use of the building during the conversion period. The agreement further provided that a security bond would automatically be forfeited on May 1, 1981 if the use of the property was not in compliance with the zoning ordinance (No. 510) on that date. DISCUSSION: There is no authority for an illegal use of property in any State law or court interpretation of zoning laws. There was no basis for a variance. The Council, in a unique and humanistic manner, authorized the continued violation of the zoning ordinance for a two year period on the basis of financial security to assure compliance by May 1, 1981. There is now a request for an extension of this special privilege for one more year. The matter was brought to my attention on April 22. Since the Council has not had a previous opportunity to review the requested extension, it is recommended that the security deposit not be forfeited until the Council has had the opportunity to consider the request. RECOMMENDED ACTION: If the City Council believes that there is sufficient justification for not enforcing the a§reement, the City Council should direct the City Attorney to prepare and the applicant sign an amendment to the agreement extending the time period for compliance. It is suggested that six months should be an adequate additional period for compliance. The motion would be stated substantially as follows: "Direct the City Attorney to prepare an amendment to the agreement with Thomas J. and Mary Kelly dated i May 1979, and authorize the Mayor to sign on behalf of the City, extending the required date of compliance for a period of~month(s) from 1 May 1981." April 22, 1981 CITY COUNCIL Donald J..',iaIturclli, Ma.~or Richard B. Edgar, Ma,vor P;*o-tem Ursula E. Kennedy Jamcs FI ,Sharp Ronald B. tloestcre.', Hr. and Mrs. Thomas d. Kelly, Sr. 330 E1Camino Real Tustin, CA 92650 Subject: Conversion of 325 S. "C" Street to Com~aercial Use Dear ~r. and ~,lrs. Kelly: Ackno'~ledgement is made of your letter of March 33, 1981, reQuasting an additional year for the c3mpletion of the conversion of ~he str,~¢ture at 325 S. "C" Street to commercial use, a~d ~our ~etter of April 22, 1981, concer~.~n~' the sane ~Jb]ect. n~ ter:~s of the agreement (section attached) yo:~r security deposit is to be withdrawn City and paid over to the City's general fun<i oq May I, i9~! for reduction of legal expenses to gain compliance. This agree~]emt can be amemded only b>' the City Council. The next meeting of the City Council is on Hay 4, 1981, three days after the date of ~orfeit. In consideration of your -initial request being made on March 30, 198!, ! will ask that the City not foreclose on your deposit until after the City Council i~as an opportunity to review your request on ~lay ~, Ig81. It is also noted in your letter of Harch 30, that you intended to apply for building peri, its by April I5, 1981. I have no record of receipt of these permit applications. Your request will be considered by the City Council on May 4, under new business, which will be heard either in late afternoon or during the evening session. Sincerely yours, R. Kenneth Fleagle, I~.P.A. Acting Community Development Director AGREEMENT , 1979, by and between the CITY OF TUSTI;4'- ~ municipal corporation,/ ("City") and THOMAS 3. KELLY and MARY KELLY (hereina[ter collectively "Kelly"). RECITALS A. Kelly is the owner of real property at 32b South "C" Street, more particularly described as set forth in Exhibit A attached hereto and incorporated herein by this reference and shown on the plat m~rked Exhibit B attached hereto and incorporated herein by this reference ("the property"). B. The subject property is located in the downtown commerical area of the City of Tustin. T.. The property has been and now is developed for and in use as residential property. Kelly desires to convert the property to commerci-al occupancy and uses as soon as he is economically able to do so. Kelly estim~Aes and represents to City that he can, and wi!l, completely convert all uses and occupancies on the property from residential, to commercial on or before May 1, 1981, and will by that date have eliminated ail other non-commercial uses aad~ speci£ica!ty~ by that date, will have eliminated all residential uses~ whether single family, multiple family, motel, hotel or other classification of use as permanent, or temporary residences or places ol abode. D. The Tustin City Code does not permit a mixture of residential and commercial uses on the same property. Kelly wishes to continue the residential uses heretofore and presently existing on the property Oaring the period until May 1, 1951~ while he is converting the property to commercial uses. Further, during the period until May 1, !981, Kelly also wishes to have a portion of the property used for commercial occupancy and use. Kelly contends that the residential occupancy and uses now being made of the property~ which he wishes to continue until May 1~ 1981~ are of a hotel type permitted in commercial zones. KeIlys' position in this regard is disputed by City, but City acknowledges that the question is arguable. E. The parties desire and intend by this agreement to resolve the matter on a basis fair and e~uitable to all. NOW, THEREFORE, IN CONSIDER,~TION OF THE MUTUAL COVENANTS AND AGREEMENTS HEREIN CONTAINED, TNE PARTIES AGREE AS FOLLO'.VS: 1. Kelly will proceed in a diligent fashion to fully convert the occupancy and uses o[ the property from residential to commercial during 1979 and 1950 and agrees that prior to May 1, 1981, he will have fully converted 311 occupancies and uses to commercial. Kelly agrees that by ?,.lay 1, 1981, he will have completely eliminated all occupancies and uses of a residential nature, including, but not limited to, single family dwellings, multiple dwellings, hotels, motels. 2. City agrees that until May 1, 1951, Kelly may continue the uses and occupancies presently existing on the subject property and may have such commer- cial occupancies and uses on the property as are otherwise permitted in the zoning ordinances of the City of Tustin. 3. Kelly represe,~.ts, warrants and agrees that he ~vill have all residential uses on the property terminated before 'day 1, 1931, and as additional security ~or said agreement ando~.~o~.~on~:o-,*' Nell,:' agrees to [erthwith post with the City. cash in the amount of Eleven Hundred Filly Seven Bollars ($1,157.00) which said sum shall be deposited in a s~vings account in the name o{ City. Upon complete per£ormxnce by Kelly el his oo,,o=.,ons under ,~s agreement within the time herein specified, said deposit with interest~ shall be returned to Kelly. Upon any Iailt~re of Kelly to fully perform as h .... n agreed, said s,am shx!t .~ot-thwith be withdrawn by City and paid over into th~ Cit.',"s general ~und as full or partial mitigatior~ and reduction of the expenses anticipzted by City in tal<ing legal action against Kelly. IN ~VlTMES5 'a'HEREOF .the parties hereto have executed this agreement the day and year £irst above written. ATTEST: 3GR:se:D:2/2/79 T/Kelly K D:I .'lQ R: ;v re:D: 4/16/79 CITY OF TUSTIN 330 C! Camino Real, Tustin, California, 92680 (714) 332-0035 March 30, 1981 City of Tustin Centennial 0ay Tustin, California, 92680 ATTENTION: Mr. Michael Bromichae! Ref: Conversion - 325 i. "C" St., Tustin, Calif. 92680 desidentio! to Commercial Dear Mr. Gromichael: we ore progressing in t direction of this conversion, since two of the previous dwellings are no longer occupied by Senior Citizens. in the all masonary portion of the buAding, we have one unit as a beginning Tobacco Department of our main shop. The other unit is being used by us as Office/Storage. With the approval of an extension, and the final completion of the work, 1 would expect and appreciate the refund of our bond.. Thank you for your review of this matter. Cordi mr. Thom_ s Kelly e, � °. Ill,