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HomeMy WebLinkAbout10/05/1993, 6 - REQUEST FOR WAIVER OF APPLICATION FEE - MICHAEL CRIPE (1405 JOHNSON AVENUE AND 1267 PISMO) I,lu^I�Ill�llllln�l Ilulll vJ o san pais os�spo MEETING DATE: IIII II @j city COUNCIL AGENDA REPORT 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 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 is• $804 in lost fees. Attached: Letters dated September 14 and 20, 1993 g:\wp51\m1sc\cripe to-- 1 September 20, 1993 Mr. Mike McCluskey Director of Public Works Public Works Department 955 Morro Street City of San Luis Obispo, 93401 RE: BICYCLE TRANSPORTATION PLAN - Johnson Ave. from Marsh St.to Buchon St. Dear Mr. McCluskey, During the City Council meeting on September 14, 1993, 1 submitted the attached letter and site plan for Council and staff review. Due to the proposed removal of all on street parking for the new bike lanes along Johnson Ave., staff had indicated support for my variance request regarding an off street parking space for the unit located at 1267 Pismo Street. No action was taken by the City Council that night regarding the aforementioned situation. I am now requesting that the City Council grant a waiver of the $804.00 application fee to apply for the variance. Any assistance you can give me in this matter will be greatly appreciated. Thank you in advance for your consideration. Should you have any questions or require any additional information, please contact me at your earliest convenience. Sincerely, ` OPQ-'�- . Michael L Cnpe 3427 Miguelito Court San Luis Obispo, CA 93401 (805) 541-4509 (805) 546-0525 - FAX Attachments r September 14, 1993 Michael Cripe 3427 Miguelito Ct. San Luis Obispo, Ca. 93401 HONORABLE MAYOR AND CITY COUNCIL MEMBERS CITY OF SAN LUIS OBISPO REGARDING BICYCLE TRANSPORTATION PLAN AREA:Johnson Ave. Marsh to Buchon Street I own the property located at the corner of Pismo and Johnson Ave. The addresses are 1405 Johnson and 1267 Pismo. The house was built in 1926 and was designed and built as a duplex with 2 one bedroom units. The current zoning is a legal non-conforming R-2 lot. Johnson Ave. has parking for one car off street but the Pismo unit at this point has no off street parking and the tenants have parked on Johnson Ave. in front of the unit for years. Both sides of the curb on Pismo St. in front of the unit and for at least two houses down have red curbs and no parking is permitted. Eliminating the parking in front of my units on Johnson Ave. will place a severe hardship on the rentability of the Pismo unit. I am not against bike lanes as I am a cyclist, but I disagree with placing hardships on property owners in the process. I have a current city business license that I am required to have because of having rental income property with in the city limits, will the city look after my interest as well so I can continue paying for my business license. I have included a proposed off-street parking area for the 1267 Pismo unit which I have discussed with Planning and Engineering. They stated it would require a variance and would have to be approved by the City Council in order for them to approve it. I am requesting this variance be considered and approved by the Council prior to eliminating the parking on Johnson Ave. Thank you for your consideration. Sincerely, MichaekLipe 6-3 z 1 , rO _. r cN