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HomeMy WebLinkAbout01 DENIAL USE DETERM 07-16-01AGENDA REPORT MEETING DATE' JULY 16, 2001 TO' WILLIAM HUSTON, CITY MANAGER FROM' COMMUNITY DEVELOPMENT DEPARTMENT NO. 1 07-16-01 600-20 SUBJECT: APPEAL OF PLANNING COMMISSION DENIAL OF USE DETERMINATION NOS. 00-001 AND 01-002 (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 Carfax 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, the City Council continued the appeal hearing until July 16, 2001, at the request of the applicant. Applicant: Marc Kassoff Appellant: Marc Kassoff Owner: Marc Kassoff RECOMMENDATION That the City Council continue the public hearing on the appeal until October 15, 2001. 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, the City Council continued the appeal hearing until July 16, 2001, 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 and, on June 19, 2001, requested a 90-day continuance to allow sufficient time for staff review and Planning Commission consideration of the applications (Attachment A). City Council Report Appeal of Use Determination Nos. 00-001 and 00-002 July 16, 2001 Page 2 Karen Peterson Senior Planner Attachment A- Letter dated June 19, 2001 ~,,~'~-~-~Elizabeth A. Bin~a~c~~-'~~- Community Development Director ccre port/ud 00-001-2contin ue2.doc Karen Granoff Certified Paralogal ~une 19, 2001 Elizabeth Binsack Karen Peterson Community Development Department City of Tusfin 300 Centennial Way Tusfin CA 92780 KEVIN E. ROBINSON Attorney at Law Wellington Square 970 Weat 17th St., Suite D Santa Ana, CA 92706 CO NITY DEVEL OP j.i:: ,, . Telephone: (714) 245-0210 Fax: (714) 973-0244 Dear Ms. Binsack and Ms. Peterson: I hereby request that the City of Tustin continue the Appeal Heating in front of the City Council on Use Determination Applications 00-001 and 00-002 for an additional 90 days from the current hearing date of July 16, 2001. The reason for this request for continuance is to allow the pending C.U.P. process to be completed. Said C.U.P. was filed on June 18, 2001 and we would anticipate that 90 days is sufficient to complete the C.U.P. process. Thank you very much for your consideration and courtesy in this matter. Very truly yours, KEVIN E. ROBINSON KER:kog C:\FILES\PacificPark\City of Tustin Let9