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City Council Meeting 8-11-81 Santa Monica, California
STAFF REPORT
T0: Mayor and City Council
FROM: City Attorney
SUBJECT: Claim for Vested Rights from Emergency Building
Moratorium, Claim Number M051, by Edwin Warren "Ted"
Hill, for Vested Right/Hardship Exemption to Remodel
Existing Structure at 2515 Lincoln Boulevard
PROJECT DESCRIPTION
Claimant seeks to remodel an existing auto repair facility
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which will include both demolition of existing improvements and
new construction totalling approximately 4000 square feet.
included within the new construction will be parking garage with
service bays, service drive and reception area, a second level
floor area with office space and a mechanics lounge. The
property is zoned C-4 and is presently improved with a one story
masonry building and a one story shed type structure for service
bays.
VESTED RIGHT
A determination of a vested right depends on whether the
claimant has secured the last governmental approval necessary for
construction and, in good faith reliance thereon, performed
substantial work or incurred substantial liabilities in
furtherance thereof.
In connection with this project, claimant has not obtained
any of the necessary governmental approvals and has incurred no
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liabilities nor made any expenditures for the proposed
development. The cost of the development is not stated.
In that the claimant has not obtained the last governmental
approval necessary to proceed and has not incurred liabilities
and expenditures in reliance thereon, he would not be entitled to
a vested right.
HARDSHIP
Claimant indicates that the present facility is in need of
repair and that the proposed remodeling will upgrade the
appearance to modern standards and is part of transforming the
business in accordance with the advanced higher technology of
present and future automobiles. Additionally, claimant points
out that the facility has been vandalized several times in the
past two years and must be made more secure.
RECOMMENDATION
1. It is respectfully recommended that the claim for
vested right be denied. Prior to April 22, 1981, claimant had
not obtained the last necessary governmental approval and did not
perform substantial work or incur substantial liabilities in
reliance thereon.
2. If, under the facts as presented above or as may be
determined at the time of the hearing, the City Council should
determine that application of the moratorium to claimant's
project would result in an unfair hardship to claimants, an
exemption on the basis of unfair hardship should be granted.
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