HomeMy WebLinkAboutRES NO 97-11
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RESOLUTION NO. 97-01
A RESOLUTION OF THE BOARD OF APPEALS OF THE CITY OF
TUSTIN, CALIFORNIA, UPHOLDING THE DECISIONS OF THE
BUILDING OFFICIAL, CONTAINED IN THE NOTICE AND ORDER
DATED APRIL 2, 1997, REQUIRING THE REMOVAL OF A
SECOND DWELLING UNIT AND THE CORRECTION OF BUILDING
CODE VIOLA'T`IONS AT 145 MOUNTAIN VIEGV DRIVE, TUSTIN,
CALIFORNIA.
I. The Board of Appeals of the City of Tustin hereby finds
and determines as follows:
A. That during December 1996, City staff inspected the
garage and second dwelling unit at 145 Mountain
View Drive;
B. That on April 2, 1997, the Building Official issued
a proper Notice and Order to the property owners
via certified mail, describing those conditions
which violate city andJor state laws and
established reasonable time periods for correction
of those violations;
C. That on April 30, 1997, an appeal was filed by the
attorney for the owners contesting a portion of the
required actions contained in the Notice and Order
dated April 2, 1997;
D. That on May 30, 1997, a request by the property
owner attorney, for a time extension for the appeal
hearing was filed with the Building Official;
E. That on June 3, 1997, the Building Official granted
the time extension requested to allow for the
property owners to pursue legalization of the
second dwelling unit at 145 Mountain View Drive;
F. That pursuant to such appeal, a Public Hearing
before the Board of Appeals was duly noticed for
6:00 p.m. on September 8; 1997; and,
G. That witnesses were properly sworn and oral and
documentary evidence was duly presented to the
Board of Appeals on September 8, 1997.
Resolution No. 97-01
Board of Appeals
Page 2
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II. The Board of Appeals hereby further finds and resolves as
follows:
A. That there is substantial evidence in the record
that each of the violations identified in the April
2, 1997 Notice and Order exists;
B. That the violations identified in the Notice and
Order demonstrate that substandard building
conditions exist;
C. That the extent of corrections ordered by the
Building Official are appropriate for the property;
and,
D. That the time limitations for starting and
completing the corrections are reasonable.
III. Based upon the above findings and upon the oral and
documentary evidence submitted at its September 8, 1997
hearing, the Board of Appeals hereby upholds the decision
of the Building Official as set forth in the April 2,
1997 Notice and Order of the Building Official subject
to the following conditions:
A. The property owners are hereby ordered to comply
with the requirements of the Notice and Order
identified in Attachment A of the related staff
report dated September 8, 1997 as attached hereto
and incorporated herein except for dates for
compliance which are hereby established by the
Board of Appeals.
1. The property owners or their agent shall
file a complete application for a
conditional use permit for the secand
dwelling unit by 5:00 p.m. on September
22, 1997. If a complete conditional use
permit application is not filed by
September 22, 1997, the second dwelling
unit shall be:
a) Vacated and inspected by October 22,
1997; and,
b} The kitchen and plumbing
improvements and remaining code
violations shall be removed,
corrected, and inspected by October
29, 1997.
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Resolution No. 97-C1
Board of Appeals
Page 3
2. If a conditional use permit for the
second dwelling unit is denied, the
property owners shall:
a} Have the unit vacated and inspected
within 30 days from the date of
denial;
b} Have the kitchen and plumbing
removed and inppected within 45 days
of the date of denial;
c) Have all remaining code violations
corrected and inspected within 45
days of the date of denial.
3. If a Conditional Use Permit is approved,
the property owners shall. promptly
complete the correction of all code
violations and comply with all conditions
of approval within the time limits
established by the approved Conditional
Use Permit.
B. The Building Official is directed to provide a copy
of this Resolution to the Property Owner.
C. In the event of non-compliance with the Notice and
Order by the property owner within the time frames
established by the Board of Appeals, the Board of
Appeals has requested that the City Attorney pursue
appropriate civil and/or criminal remedies to force
compliance with this Notice and Order.
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Resolution No. 97-O1
Board of Appeals
Page 4
PASSED AND ADOPTED at a Special Meeting of the Tustin Board of
Appeals, held on the 8th day of September, 1997.
HGWARD A. MITZMAN
CHAIRMAN
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RICK BROWN
BOARD OF APPEALS SECRETARY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ~ SS
CITY OF TUSTIN )
I, Rick Brown, Building Official and ex-officio Secretary of
the Board of Appeals of the City of Tustin, California, do
hereby certify that the whole number of the members of the
Board of Appeals of the City of Tustin is five; that the above
and foregoing Resolution No. 97-01 was duly passed and adopted
at a regular meeting of the Board of Appeals, held on the 8th.
day of September, 3997.
RICK BROWN
BOARD OF APPEALS SECRETARY