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Home My WebLink About03/01/1994, 5 - REQUEST FOR WAIVER OF APPLICATION FEE-EVELYN TALMAGE (1408 JOHNSON AVENUE AND 1309/1311 PISMO) lllp^IIn'll�lll,1l II MEETING DAT W lu��n ►II�� city of san Luis oBIspo 3-1 COUNCIL AGENDA REPORT ITEM NUMBER: r FROM: Arnold B. Jonas, Director of Community Development r•- I PREPARED BY: Ronald Whisenand, Development Review Manage SUBJECT: Request for waiver of application fee - Evelyn Talmage (1408 Johnson Avenue and 1309/1311 Pismo) CAO RECOMMENDATION: Deny the waiver of the application fee for a variance requesting parking within the setback area. DISCUSSION The applicant owns property at the southwest corner of Johnson Avenue and Pismo Street with three residential structures containing a total of four dwelling units. The units are currently non- conforming due to insufficient on-site parking. The City's placement of bike lanes on Johnson Avenue will result in the removal of available on-street parking in front of the Talmage property. The property owner would like to establish additional off-street parking in order to provide sufficient parking for her tenants. The two proposed parking spaces would be located within the 10 foot setback area. A variance to the City's Zoning Regulations will therefore be required. Ms. Talmage would like to make application to the Community Development Department to request the variance but does not want to have to pay the required processing fee of$820. Ms. Talmage's request (attached) points out a similar waiver granted by the Council for Michael Cripe on October 05, 1993. Mr. Cripe's property is located directly across Johnson Avenue from Ms. Talmage's property. As pointed out to the Council in October, staff was concerned that the waiver of processing fees could be precedent setting. The Council determined the Cripe case was unusual however in that the lot was fully developed and no other parking options existed. Although both properties will lose parking along their Johnson Avenue frontage, the situations different. As pointed out above, the Cripe property lost all on-street parking whereas the Talmage property will maintain parking along the Pismo Street frontage. Therefore due to the continued availability of parking on Pismo Street, staff recommends against waiver of the Talmage variance fees. FLSCAL IMPACTS If granted, the fiscal impacts of the fee waiver would be$820 in lost City revenue to cover staff expenses of processing the variance request. When considering the waiver granted to Michael Cripe, the total fiscal impact to the City would be $1,624. Considering the number of parcels that will lose on-street parking due to City bike lanes, the cumulative fiscal impacts could go much higher over the next few years if Council desires to waive fees for all similar variance requests. v• ��IINNI�IIIIVIIIII��I��NUIIII�III City of San LUIS OBISPO 1SloGe COUNCIL AGENDA REPORT Staff Report - Talmage Fee Waiver March 01, 1994 Page 2 ALTERNATIVES If the Council determines the circumstances surrounding the Talmage request are similar to those justifying a waiver of fees for Michael Cripe, staff would recommend that the Council approve the fee waiver. Attachment: A. Fee waiver request dated January 12, 1994 B. Location Map C. October 05, 1993 Council Report for Michael Cripe *000 OtAg J/ tt,4�� s eK.�/ fe 41 Zoo/0 1H V' -- . . .� •. . _ �_ _ ..._ � _ ...i_.,,...;� : �-._ _ . -•--rll----1. IrZ T X91 \? so Z ! � i i . 4 3n u I _ - „ 07Z4 .._...__ - 7 0 1 so Ito. It Ta ma SFr 1Z4t ,=t O V e: L1; = _ R-9 0 r r _ Y •4AAC RBL -D3 83 144_ ♦ v � 14 S.L.Di 'A 6. i rF 0 i !\/" .� •�e � YNR � � � s2J _ V ^`� S / \ ll py,N�p .4 R3 O rz � s C �� city o� sar 'UIS OB1spO U 1F^� /�RAFV MEETING DATE Me COUNK AGENDA RE&R`7" ITEM NUMBER: FROM: Mike McCluskey, Director of Public Works SUBJECT: Request for Waiver of Application Fee - Michael Cripe (1405 Johnson Avenue and 1267 Pismo) RECOMMENDATION: By Motion, Grant Waiver of Application Fee for Variance Application Related to Property at the. Southwest Corner of Johnson and Pismo Requesting Permission to Allow Parking in Setback Areas. DISCUSSION: When the City Council approved the Bicycle Plan at the September 14th Council meeting it approved the removal of parking on Johnson Avenue in front of Mr. Cripe's property. Mr. Cripe had presented a letter to the Council requesting a. variance of the setback requirements of his property to allow him to construct parking places on the property for his tenants. The Council did not consider granting a variance to Mr. Cripe at that meeting because it was not an agenda item and because proper procedure requires such applications to be submitted to the Community Development Department and to be considered either by the Administrative Hearing Officer or the Planning Commission. Mr. Cripe would like to make application to the Community Development. Department to request the variance but does. not want to have .to pay the required fee ($804) . Staff feels that a case can be made in support of Mr. Cripe's request inasmuch as he is not requesting a variance to expand the use of his property, only to continue to make current use of it, and the loss of , street parking is a direct result of city decisions. Mr. Cripe ! understands that just because the Council waives the application fee he i is not assured of receiving approval of the request. He also understands that any other costs implied by the request are his to bear. There is some concern on. the part of staff that Council's approval of this request may be seen by some as setting precedent that would allow the staff. and the city to become inundated with requests for fee variance. Staff feels this particular situation is unique in that the property is. fully developed and has no place to provide on site parking without a -variance. The property owner was perfectly happy with the situation and is only seeking the variance because of a decision of the Council. to remove all the pArking on the street in front of his property. If the property owner is able to develop parking on site and the tenants use the parking they will not be parking in front of someone else' property on. an adjacent street. . Community Development and the City Attorney's offices have been consulted and concur with the recommendation. FISCAL IMPACT: The extent -of fiscal -impact i.5 $804 in lost fees. Attached: Letters dated September 14 and 20, 1993 q:%WPS1%Mi5C%=iF t l In The Superior Court of The State of California In and for the County of San Luis Obispo AFFIDAVIT OF PUBLICATION dv1-17721-0-1 CMv or No. l�San tuts omspo CITY COUNCIL City of SLO PUBLICHEARINGS On Tuesday, March 1, 1994, the San Luis Obispo City Council will hold public hearings beginning at 7:00 P.m.in the Council Chambers STATE OF CALIFORNIA, of City Hall,990 Palm street, on the items listed below. Ss. The reports will be available for review in the City Clerk's County of San Luis Obispo Department on the Wednes• day before the meeting. For more information, please call I am a citizen of the United States and a resident of the 781-7103. The Council may also dis- County aforesaid; I am over the age of eighteen and not cuss other hearings or busi. ness Items before or after matter those listed. If you challenge interested in the above-entitled any one of the proposed actions described below in court, you may be limited to I am now, and at all times embraced raising only those issues you or someone else raised at the public hearing described in in the publication herein mention was, the this notice, e i l written P principal clerk correspondence delivered to the City Council at,or prior to, of the printers and publishers of the SAN LUIS OBISPO the public hearing. UNMET TRANSIT NEEDS- to determine if there are any COUNTY TELEGRAM-TRIBUNE, a newspaper of general 'unmet Transit Needs,"such as a need for additional bus routes, more frequent sere. circulation, printed and published daily, Sundays ex- ice, hours of service or in. creased weekend service.(45 min.l. cepted, at the City of San Luis Obispo in the above HOUSEHOLD HAZARD. OUS WASTE ELEMENT - to named county and state; that notice consider a proposal to adopt the State-mandated House. hold Hazardous Waste Ele- ment.(30 min.). SOUTH HIGUERA STREET PREZONING - to consider a request to annex and prezone 22.05 acres along South Hig. at which the annexed clipping is a true printed co was Fera Street between Tank PP g P PY- Farm Road .and Suburban published in the above-named newspaper and not in any Road to Service-Commercial Special Consideration (C-S-S) supplement thereof — on the following dates, to-wit: and Service Commercial(C-S) and a general plan map change from Rural Industrial February 19 to Service-Commercial (C-S) (Annex/GP/R 54-93). (60 min.). that said newspaper was duly and regularly ascertained .r OMMGP/R TANK FARMand established a newspaper of general circulation byDecree entered in the Superior Court of Sar Luis Obispo County, State of California, on June 9, i952, Case #19139 dwunder the provisions of Chapter 1, Division 7, Title of theGovernment Code of the State of California. & ANNX 54-9 I certify (or declare) under penalty of perjury that the foregoing is true and correct. SOUTH STREET PLANNED DEVELOPMENT AMEND- MENT - to consider an amendment to an approved Planned development (PD 177-93) that allows large of- fices at 265,271,277,and 285 (Signature of Principal Clerk) South Street, to allow more area to be used by these offices.(60 min.). Date February 19 i9 94 SOUTH LN IM PD 177-93 Diane R. Gladwell, City Clerk Feb.19,1994 dY17721 In The Superior Court of The State of California In and for the County of San Luis Obispo AFFIDAVIT OF PUBLICATION No. dv# 1-14895-0-8 City of SLO a,a clay at 0011Ci San tuts owspo CITY COUNCIL STATE OF CALIFORNIA, PUBLIC HEARING HOUSEHOLD HAZARDOUS Ss. WASTE ELEMENT. The San Luis Obispo City County of Son Luis Obispo Council will hold a public hearing on Tuesday,March 1, 1994, beginning at 7:00 p.m. I am a citizen of the United States and a resident of the to consider a proposal to adopt the State mandated Household Hazardous Waste County aforesaid; I am over the age of eighteen and not Element (HHWE). This hear- ing will be conducted as a workshop to review the Draft interested in the above-entitled Matter Household Hazardous Waste Element and to receive input from the public and govern. ; I am now, and at all times embraced ing board the jurisdiction. A final action on this docu• ment will be conducted at a in the publication herein mention was, the principal clerk public hearing later this year.. P P P The draft HHWE is available for review at the Utilities Department, 955 Morro of the printers and publishers of the SAN LUIS OBISPO Street,and at the City/County Library, 995 Palm Street, in San Luis Obispo. COUNTY TELEGRAM-TRIBUNE, a newspaper of general The hearing will be held in the Council Chamber of City Hall, 990 Palm Street, San circulation, printed and published daily, Sundays ex- Luis Obispo. At the hearing, all interested persons may express their views for or cepted, at the City of San Luis Obispo in the above against, or to change the proposed HHWE. If you have questions about named county and state; that Notice this proposal, you may con- tact Cyndi Butterfield in the City of San Luis Utilities Department, 955 Morro Street,San Luis Obispo,Cali- fornia, 93401, or at 805.781. 7211. If you challenge this matter in court, you may be limited at which the annexed clipping is a true printed copy, was to raising only those issues You or someone else raised published in the above-named newspaper and not in any at the public hearing de- scribed in this public notice supplement thereof — on the following dates, to-wit: - or in written correspondence delivered to the appropriate authority at or before the 1/29 public hearing. Diane R.Gladwell,City Clerk Jan.29,1994 dvl4895 that said newspaper was duly and regularly ascertained and established a newspaper of general circulation by Decree entered in the Superior Court of San Luis Obispo County, State of California, on June 9, 1952, Case #19139 under .the provisions of Chapter 1, Division 7, Title of the Government Code of the State of California. I certify (or declare) under penalty of perjury that the foregoing is true and correct. (Signature of Principal Clerk) Date 1/29 19 94