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sr-091581-7l~-~ DATE: September 15, 1981 TO: Mayor and City Council FROM: Raymond F. Correio, Hearing Examiner SUBJECT: Supplemental Report, Claim for Vested Right No. M-069 Dave Bentz, Claimant. Property location: 2416 34th Street BACKGROUND SEP 1 5 t98i Claimant filed his claim for vested right on August 20, 1981. On September 11, 1981, a hearing was held at the City Attorney's Of`_ice. Claimant and his wife appeared at the hearing. Claimant testified under oath. PROPERTY ACQUISITION AND FINANCING Claimant opened escrow on November 10, 1979. Escrow closed and a deed on the property was recorded on January 10, 1980. The property was purchased from Cora Fitzgerald. The purchase price of the property was $160,000 plus $373.10 in closing costs. There is no financing on the property as claimant purchased the property outright. Dave Bentz Enterprises, Incorporated which consists of claimant and his wife is the owner of record of the property. The single family dwelling which existed on the property when it was purchased was demolished in January 1980. GOVERNMENTAL APPROVALS Claimant has received the following governmental approvals which are listed in chronological order: Demolition Permit 12/28/79 Architectural Review Board 12/3/80 SEP i 5 t98` Tentative Tract Map 4/7/80 Building Permit 3/20/81 Final Tract Map 4/3/81 Claimant placed particular emphasis on the soil report which was attached to his vested right claim. Due to the nature of the subsurface conditions existing on the property, the report makes specific recommendations as to the time when foundation work -- should begin. We believe that there could be a considerable amount of water percolating into the site during the excavation of the fill and topsoil layers. It will be very difficult to control the inflow, therefore, the foundation work should be started late in the summer and completed just prior to the onset of the winter rains. Claimant testified that he delayed commencement of construction in order to conform to the recommendations set forth in the soils report. He stated that he obtained his building permit on March 20, 1981 so that he could commence construction during the summer months before the 1981 rainy season would begin. However, it should be noted that the soil report referred to by claimant is dated April 11, 1980. In addition, by April of 1980, claimant possessed completed plans for construction of the project. Claimant did not submit his plans for plan check until September 22, 1980, five months after the soil report was completed.. -2- Claimant stated that he proceeded in an expeditious manner at all times in preparing for actual construction. However, it appears from the listing of work and related expenditures set forth in Section IX o.`_ his claim that claimant may have been able to commence construction in the summer of 1980. EXPENDITURES Excluding the $163,000 purchase price of the property, claimant lists expenditures of $35,455 related to demolition costs, plans, permits and related fees, engineering costs, and a temporary power pole. Claimant has provided supporting documentation for these expenditures. COST OF DEVELOPbiEN^1 Claimant lists the cost of development as $710,000 which he stated included the cost of property acquisition. Based on the proposed construction of six condominium units, the cost per unit would be approximately $118,000. Claimant testified that he anticipated a per unit sales price of approximately $125,000 to $140,000. t4ith respect to the feasibility of inclusion of low/moderate income housing, claimant stated that it would not be feasible based on project cost and anticipated profit factor. In response to a question as to the source of construction financing, claimant testified that he had made arrangements to borrow $500,000 from a pension fund. Further questioning by the hearing examiner led to claimant's admission that the pension fund -3- was his own under Dave Bentz, Incorporated. He stated that he is the trustee for his own pension fund. Claimant stated that the $500,000 loan would be for a two-year period with a 20o interest rate. HARDSHIP Claimant stated that he has been a licensed general contractor since 1959. He stated that work on this project was the only major project for his construction company. Claimant testified that he has just finished construction of a house located at 742 23rd Street and is currently remodeling a small house which will be completed in 35 to 40 days. Claimant testified that the loss of this project will impact on his construction company. He stated that he employes his son and one other employee who has worked for him for 22 years. In response to questions related to other investments, claimant indicated that he has the follooring interests in Santa Monica: 1. A six unit apartment building located at 2419 20th Street. He stated that the building was constructed subsequent to the enactment of the Rent Control Ordinance. Claimant owns the property in joint tenancy with his wife. 2. A 15 unit apartment building located at 2318 16th Street cahich was constructed approximately four years ago. Claimant owns the property in joint tenancy with his wife. 3. Seven apartment units constructed six or seven years ago located at 2410 Ocean Park Boulevard. Claimant owns this property ; as a corporate entity. -4- 4. Claimant owns three condo=ziniums located at 1834 11th Street. 5. A 25o interest in 19,000 feet of commercial space located at 33rd and Ocean Park Boulevard. b. A home in Santa Monica, in which he has resided for five and one-half years. Claimant stated that he has attended numerous City Council meetings and has observed the embarrassing and humiliating situations which many property owners found themselves in. He testified that he delayed in filing his claim because he is a proud man and did not want to subject himself to such humiliation and embarrassment. -5-