Loading...
SR-12-B (19) Santa Monica, It/-a NO\! ? b iqR1 California '.- CA:RMM:LL:11262/hpc City Council Meeting 11-24~87 o/?J2--o 0 '6 <l,. >. STAFF REPORT TO: Mayor and city Council FROM: city Attorney SUBJECT: Application for Hardship Exemption from Ordinance Number 1416 (CCS) by Edwin I. Feigin for Property Located at 127 strand street PROJECT DESCRIPTION Applicant seeks permission to submit a proj ect application for a four story, eight unit condominium building under the property development standards which existed prior to adoption of Ordinance Number 1416 (CCS) (hereinafter "Ocean Park Interim Ordinance"). The property is zoned R-4 and is currently vacant. Applicants' proposed project consists of an eight unit condominium building with semi-subterranean parking. The owner intends to occupy one of the units. The project site consists of two parcels, one acquired in 1972, the other in 1978. Applicant estimates the total cost of development at $1,196,000. Under the requirements of the Ocean Park Interim Ordinance, applicant I S project would not be allowed to exceed two stories and 27 feet in height, except that the roof could extend to a maximum of 35 feet if the roof pitch were \0% or two sides. Since the project is larger} than Planning Commission would have to make findings more on at least four units, the that the project is not inconsistent with the findings set forth in Section 1 of - 1 - I ~fII1".I Nov 2 4 198) the Ocean Park Interim Ordinance. In addition, the project would have to comply with R-2 property development standards, except for building height. Whereas under R-4 standards, appl icant could have built nine units on this site, the Ocean Park Interim Ordinance would only allow six units. Expenditures and Liabilities Applicant purchased one of the two parcels which comprise the subj ect property in 1972. The second parcel was purchased from the City at public auction in 1978. The total purchase price for the subject property was $80,230. Between 1972 and 1987, applicant claims to have expended $22,205 for taxes, insurance, accounting and maintenance related to the property. Applicant indicates that he made expenditures in the amount of $7,425 representing engineering, architectural, and solar consultant fees between 1980 and 1981. On April 22, 1981, Ordinance Number 1207 (CCS) (hereinafter "Emergency Building Moratorium") was adopted by the City council. Although applicant filed a claim for vested rights and exemption from the Emergency Building Moratorium in 1981, his claim was denied by the city Council. Subsequent to the denial of his claim for vested rights and prior to July 28, 1987, applicant claims to have made additional expenditures in the amount of $l2,050. Those expenditures represent legal, architectural, and engineering costs related to the proposed project. In addition, applicant claims to have incurred liabilities in connection with the proposed development in the amount of - 2 - $57,850 prior to July 28, 1987. Claimed liabilities represent $19,850 incurred prior to February 17, 1981, and $38,000 incurred in 1984 for architectural, engineering and solar consulting services. Hardship Appl icant and his brother purchased the subj ect property with the intention of building retirement homes. Having determined that the best way to defray some of the costs was to build a condominium project in which they could live, applicant contracted with architects and engineers in 1980 and 1981 to design the project. Prior to filing an application for a building permit with the City, the Emergency Building Moratorium was adopted. Applicant's claim for vested right under Ordinance Number 1207 (CCS) was denied on June 23, 1981. In 1984, applicant contracted with architects and engineers to design a new project which would conform to City requirements. Applicant states that he and his brother were once again ready to file their application with the City again when applicantts brother died. Applicant states that his brother's half interest in the vacant property has been tied up in the probate of his estate. The probate of applicant's brother's estate is expected to be concluded wi thin the next three months and the executrix joins in this application for hardship exemption. Applicant states further that he has obtained financing commitments for his proposed project. - 3 - RECOMMENDATION Applicant has incurred expenditures and liabilities in reliance on requirements which were in effect prior to adoption of the Ocean Park Interim Ordinance. These expenditures and liabilities were, however, largely incurred prior to 1985. It appears from applicant's application for hardship exemption that a development application was not filed before July 28, 1987 for reasons pertaining to the fact that one-half of the property was tied up in probate. It is recommended that the City council take one of two courses of action: 1. Grant applicant's application for hardship exemption and adopt the attached findings in support thereof; or 2. Deny applicant's application for hardship exemption and adopt the attached findings in support thereof. PREPARED BY: Robert M. Myers, city Attorney Laurie Lieberman, Deputy City Attorney - 4 - CA:RMM:LL:11265/hpc City Council Meeting 11-24-87 Santa Monica, California PROPOSED FINDINGS IN SUPPORT OF GRANT OF HARDSHIP EXEMPTION APPLICATION BY EDWIN I. FEIGIN FOR PROPERTY LOCATED AT 127 STRAND STREET l. Applicant seeks a determination from the city Council of a hardship exemption which would enable him to submit an application for a proposed eight-unit condominium project at 127 Strand street in Santa Monica under the R-4 property development standards which existed prior to adoption of Ordinance Number 1416 (CCS). 2. The project site is zoned R-4. 3. The project site consists of two parcels and is currently vacant. 4. Applicant and his brother purchased the subject property for a total price of $80,230, purchasing one parcel in 1972, and the second from the City at public auction in 1978. 5. Applicant claims expenditures in the amount of $22,205 between 1972 and 1987 for taxes, insurance, accounting and maintenance related to the property. 6. Applicant claims expenditures in the amount of $7,425 between 1980 and 1981 representing engineering, archi tectura1 , and solar consulting fees. 7. The City adopted Ordinance Number 1207 (CCS) (hereinafter, ttEmergency Building Moratoriumlt), on April 22, 1981. - 1 - ; 8. Applicant was denied a claim for vested right and exemption from the City's Emergency Building Moratorium on June 23, 1981- 9. Applicant claims further expenditures representing engineering, architectural, legal and solar consulting in the amount of $12,050 subsequent to 1981 but prior to July 28, 1987. 10. Applicant claims incurred liabilities in connection with the proposed development in the amount of $57,850 prior to July 28, 1987. Those liabilities represent $19,850 incurred prior to February 17, 1981, and $38,000 incurred in 1984, for architectural, engineering and solar consulting services. 11. Applicant claims that he and his brother purchased the subject property with the intention of building retirement homes. 12. Despite completion of engineering, architectural and other work necessary to file an application for development of the subject property prior to July 28, 1987, applicant was unable to file because his brother's one-half interest in the property was tied up in probate. 13. Applicant has obtained financing commitments for his proposed projects. 14. Applicant's claim is sufficient to constitute a hardship requiring exemption from Ordinance Number 1416 (CCS). 15. The staff report submitted by the City Attorney to the City Council for its hearing of November 24, 1987 is hereby incorporated and adopted as though fully set forth herein. - 2 - 'I pi Z"-.1:lCJ ~ .. CA:RMM:LL:11266/hpc City Council Meeting 11-24-87 Santa Monica, California PROPOSED FINDINGS IN SUPPORT OF DENIAL OF HARDSHIP EXEMPTION APPLICATION BY EDWIN I. FEIGIN FOR PROPERTY LOCATED AT l27 STRAND STREET 1. Applicant seeks a determination from the City Council of a hardship exemption which would enable him to submit an application for a proposed eight-unit condominium project at 127 Strand street in Santa Monica under the R-4 property development standards which existed prior to adoption of Ordinance Number 1416 (CCS). 2. The project site is zoned R-4. 3. The project site consists of two parcels and is currently vacant. 4. Applicant and his brother purchased the subject property for a total price of $80,230, purchasing one parcel in 1972, and the second from the City at public auction in 1978. 5. Applicant claims expenditures in the amount of $22,205 between 1972 and 1987 for taxes, insurance, accounting and maintenance related to the property. 6. Applicant claims expenditures in the amount of $7,425 between 1980 and 1981 representing engineering, architectural, and solar consulting fees. 7. The Ci ty adopted Ordinance Number 1207 (CCS) (hereinafter, nEmergency Building Moratorium"), on April 22, 1981. - 1 - " 8. Applicant was denied a claim for vested right and exemption from the City's Emergency Building Moratorium on June 23, 1981. 9. Applicant claims further expenditures representing engineering, architectural, legal and solar consulting in the amount of $l2,050 subsequent to 1981 but prior to July 28, 1987. 10. Applicant claims incurred liabilities in connection with the proposed development in the amount of $57,850 prior to July 28, 1987. Those liabilities represent $19,850 incurred prior to February 17, 1981, and $38,000 incurred in 1984, for architectural, engineering and solar consulting services. 11. Applicant estimates the total cost of development at $1,196,000. 12. Applicant claims that he and his brother purchased the subject property with the intention of building retirement homes. 13. Applicant has owned the site in question in part since 1972, and in its entirety since 1979 and has not ever filed an application for development with the city. 14. Despite completion of engineering, architectural and other work necessary to file an application for development of the subject property prior to July 28, 1987, applicant did not file his application prior to July 28, 1987. 15. Applicant's claim is insufficient to constitute a hardship requiring exemption from Ordinance Number 1416 (CCS). 16. The staff report submitted by the City Attorney to the City council for its hearing of November 24, 1987 is hereby incorporated and adopted as though fully set forth herein. - 2 -