HomeMy WebLinkAbout10 APPEAL OF DESIGN REVIEW 2016-020 WITHDRAWNAgenda Item 10
Reviewed:
AGENDA REPORT CitMana g
er
Finance Director
,NSA
MEETING DATE: APRIL 18, 2017
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: APPEAL OF DESIGN REVIEW 2016-020 WITHDRAWN
SUMMARY:
On March 14, 2017, the Planning Commission adopted Resolution No. 4338, approving
Design Review (DR) 2016-020 to authorize a new front outdoor seating area, add
seating in the existing rear outdoor dining area and a parking exception of three (3)
parking spaces not provided on-site for the property located at 140 E. Main Street.
On March 22, 2017, the property owners filed an appeal of the Planning Commission's
adoption of Resolution No. 4338 approving the project and specifically stated that they
do not agree with Conditions of Approval 1.5 and 2.19.
On April 6, 2017, the property owners submitted a written statement to the City Clerk
officially withdrawing their appeal of the Planning Commission action. Notwithstanding the
withdrawal, the owner verbally indicated he would not sign the "Agreement to Conditions';
therefore, the project will not proceed as the conditions will not be fulfilled.
PROPERTY OWNER:
Philip & Linda Cox
Cox's Market Plaza
P.O. Box 6069
Brookings, OR 97415
RECOMMENDATION:
APPLICANT:
Enrico Pozzuoli
Pozzuoli Winery, Inc.
15481 Red Hill Ave., Suite C
Tustin, CA 92780
That the City Council receive and file the report and remove the item for consideration
as requested by the property owner.
ScirE elynne V. -Hu tter
Senior Planner
Attachment: Withdrawal of Appeal
Elizabeth A. Binsack
Community Development Director
From: Phil & Linda Cox[[_mailto:philindacox@charter.netl
Sent: Thursday, April 6, 2017 9:10 AM
To: Rabe, Erica <ERabe@tustinca.org>
Cc: Walter CRANDLE <wmc@rolawfirm.com>; tsaltarelli@saitarellilaw.com; D - CENTRO, Enrico Pozzuoli
<enrico@pozzuoliwinery.com>; COX'S MARKET PLAZA, Phil & Linda Cox <cox3217(&icloud.com>
Subject: WITHDRAWAL OF REQUEST FOR APPEAL
To: Erica Rabe, City Clerk
City of Tustin, California
Please note, this communication is a request to cancel my request for an appeal of the
conditional design review 2016-020. Thank you for your attention to this matter.
Sincerely:
Philip K. Cox, Property Owner
E-MAIL: DT3\C\CMP\TENANT\D_Rabe20170406.e-mail Request a Delivery Receipt.