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Home My WebLink About07/05/1988, C-7 - ELIMINATION OF FLOOD ORDINANCE VARIANCE AT 885 MURRAY - (DR. FELINO CRUZ) MEETING DATE: ��►��Illll��j��l� city of San tuffs osIspo July 5, 1988 COUNCIL AGENDA REPORT ITEM NUMBER FROM: David F. Romero Wayne A. PetersoTi Prepared by: Jerry Kenny Public Works Director City Engineer Supervising Civil Engineer SUBJECT: Elimination of Flood Ordinance Variance at 885 Murray - (Dr.Felino Cruz) CAO RECOMMENDATION: Adopt Resolution Rescinding Resolution No. 6347 (1987 Series) DISCUSSION: Council approved a variance from the City's Flood Ordinance on October 20, 1987 to allow a substantial addition to a residence at 885 Murray without bringing the entire structure into compliance. The owner sent the attached letter indicating his decision not to pursue the remodel. Resolution No. 6347 (1987 Series) requires the City Clerk to record the variance in accordance with the Flood Ordinance along with an indemnification by the owner. The owner did not sign one and therefore the resolution was not recorded. ALTERNATIVES: Option 1 : Adopt resolution rescinding Resolution No. 6347 (1987 Series). The primary advantage would be to eliminate any misunderstanding in the future as to whether the variance was in effect or not. The variance was approved for the specific remodel. A subsequent remodel may not require a variance. A disadvantage would be that if a similar remodel were proposed another variance process would be needed. Option 2: Postpone any further action until future plans (if any) are submitted. Resolution No. 6347 (1987 Series) would not be recorded nor be effective until an indemnification were submitted anyway. However, the City Attorney has suggested Option 1 since the owner has abandoned the project. CONSEQUENCE OF NOT TAKING THE RECOMMENDED ACTION: The record would be unclear as to the status of the variance. SIGNIFICANT IMPACT: None — 77� ��►�►a►��Ip11111111111 ��Ill MY Of san IDIS OBISPO MMGW COUNCIL AGENDA REPORT Staff Report Page Two CONCURRENCE: The Community Development Director. and City 'Attorney concur with the recommendation. No department has expressed opposition. FISCAL IMPACT: .None RECOMMENDATION: Adopt resolution rescindi-ag :Resclution. Mo: 6347 (1.987 Series) eliminating_ a variance from the City"s Flood Dana-eP evention Regulations at. 885 Murray. Attachments: Draft •Resolution - - Map Letter fromDr. Cruz dated 5-31-88 j Resolution No. 6347 (.1.987 Series) N/Jkciuzvar A i RESOLUTION NO. (1988 SERIES) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO RESCINDING RESOLUTION NO. 6347 (1987 SERIES) ELIMINATING A VARIANCE FROM THE CITY'S FLOOD DAMAGE PREVENTION REGULATIONS AT 885 MURRAY STREET WHEREAS, a variance from the City's Flood Damage Prevention Regulations was granted for a remodel by Dr. Felin Cruz ("Owner") at 885 Murray Street pursuant to Resolution No. 6347 (1987 Series); and WBEREAS, Owner has asked the City to rescind this variance based on his decision not to pursue the remodel, NOV THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo that Resolution No. 6347 (1987 Series) is hereby rescinded. On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing Resolution Was passed and adopted this day or 1988. MAYOR ROH DUNIN ATTEST: CITY CLERK PAM VOLES r r r r r r r City inistrat ve Orricer City At rney // ' `� / City sneer Community Development Director /jkcruzvar n �] g . isralDNr \DGE a. 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Box 8100 San Luis Obispo, California 93403-8100 Dear Mr. Kenny, This is to confirm our telephone conversation regarding the remodeling of my house at 885 Murray Avenue, San Luis Obispo. After serious consideration and study of the financial and investment consequences of my plan, I want to convey to you my decision of rescinding our plans of remodeling. I talked with Mr. Dettmer about this months ago. Thanks again for calling. spect lly, Felino L. Cruz, M. D. FLC:la Dr. & Nirs. Felino Cruz � Farm: Residence: r'ii 4500 River Road 885 A4urrav Avenue r �� P.O. Box 659 San Luis Obispo, CA 93401 v.;•. Templeton, CA 93465 1.805) 344-8575 1 (805) 466-1902 or 4661983 0 - 7 —(o k �l�erlj-/ RESOLUTION N0. 6347 (1987 Series) Z A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING A VARIANCE FROM A REQUIREMENT OF CITY'S FLOOD DAMAGE PREVENTION REGULATIONS AT 885 MURRAY STREET WHEREAS, Dr. Felino Cruz ("Owner") desires to remodel and to construct an addition to an existing residence at 885 Murray Street; and WHEREAS, City's Flood Damage Prevention Regulations require that any substantial improvement of residential structures shall have the lowest floor (including existing structure) elevated to at least one foot above the base flood depth (Municipal Code Section 17.84. 160) , and WHEREAS, the owner's plans for the described improvements show that the finished floor elevation would be 1 .2 feet (maximum) below the base flood depth, and WHEREAS, because the floor elevation would be below standard, the city Engineer has refused to authorize a building permit for the improvements, and WHEREAS. pursuant to provisions of the Flood Damage Prevention Regulations, owner has appealed the City Engineer's decision, in effect requesting a variance from the aforementioned requirement, and WHEREAS, the applicant has offered to indemnify and hold harmless the City, its agents, employees and officers from any and all claims , suits or proceedings, from either the applicant, his heirs , successors-in-interest or agents, or from any third parties, of any nature or kind arising out of the granting of this variance or from any future flooding that may occur for whatever reasons. WHEREAS, on October 20, 1987 this Council held a public hearing on the appeal requesting a variance and considered those items it is bound to 86347 0 -7 -- 7 Resolution No. 6347 (1987 Series) Page Two. consider under Section 17.84.140 of the Municipal Code and other appropriate provisions of the Flood Damage Prevention Regulations; NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council finds that: (a) Owner has shown good and sufficient cause for the granting of a variance for the existing structure, and (b) Failure to grant the variance for the existing residence as requested would result in exceptional hardship to owner, and (c) Granting of the variance as requested will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, and will not create nuisances, cause fraud on or victimization of the public. cause any environmental impact that cannot be mitigated. or conflict with existing local laws or ordinance. (d) Accepting the.applicant's offer to indemnify and hold harmless will protect the City should future problems arise. SECTION 2. The variance from complying with the City's Flood Prevention Ordinance is granted for the existing structure. The addition (other than garage) shall be elevated to provide for the minimum floor elevation to be at least two (2) feet above adjacent grade at any point. This is 100-year flood level . The City Clerk shall cause this variance to be recorded in the Office of the County Recorder. The variance shall include. in a form satisfactory to the City Attorney, an indemnification and hold harmless in favor of the City. 07 - 7- � Resolution No. 6347 (1987 Series) Page Three. On motion of Councilwoman Dovey seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Dovey, Settle, Griffin and Mayor Dunin NOES: None ABSENT: Councilwoman Rappa the foregoing Resolution was passed and adopted this 20th day of October 1987. Y0R RON DWIN ATST: CITY CLERK PAM VOGES I' Resolution No. {p'j '1 (1987 Series) Page Four , APPROVED: City inistrative Officer 114r-Y,2 City At 0 rney i Cit sneer jk5/885murray by - -7 �