sr-012274-4aI
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. Santa _T`cni ca, California, Januar-y 14, 19~j~
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~'"` T0: Mayor and City Council
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FROM: city. staff CITY ~)~
sUB~c~: Appeal - z. A. ease 20~ u.P: JAN22197~
Yws lyUSr sE
Alex Zawson, 1802. Montana Avenue r~eruRNE® ro TpP
cerr c~RK~s oFFi~~ i
Foe Fwvc.
Introduction:
This is an appeal from the Planning Commissicn's denial of
~-.~n application fora Condit; opal LTSe Peruit to a11ow a non-con-
f.GrIIi_g auto repair business to continue operation aft8r the
25 wear moratoriums period has expired.
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~~.c~~ r_ eland:
Cn ?~otTember 5, 1948 the City Council adopted a new zoning
orciinG~ce which required that thosE businesses located in resi-
dexrt~i al zones bE remoTTed ~-1itn~n 25 years n Included anion these
btzr~inevs-es ir_volvEd was the servi ce stati an a% 1802 T~ontana
A~~~:.:ta:e Win. the P,2 zone, mhe aGpeliant moved. his autG repair
bUS?neSS LO ~'fi1S locatl Un 1Il l~v%{-~ 11'118 b~'a1n2~`-,'S h3S 110t bP.BL
li.c ns;;d for gasoline sales since 155. Proper `y o, _ersar_d
tenants Have pe~~iodic:a_l~` been not~1_iEa ar,d-•eminded of the
moratorium C,~a?•~ ~~- .the past 25 years.
In 1Gj73 t'_~i : ~. i.t~' C:', D.C '_ i aY':i'=G7%ed a CGtid :i.~:.Gnai Jue Pe T'!ri "!'~`,
pro~fr Lr^c 1~ C''1 l 1~.;5 _-GG ~ U_^~:ing ,h,,SlnE.'.S~S t0 b: EXten ed
b^a'c'E l ~ Lnia.i S.`~I G~Tu ~h3~ I i<° .. $`>'.~. c",.?_:u ~ G~ ~~ ~ _^,
..il iii! ~j li0~- zoYL~~1J t~`~a~; lii ~.".~ ~1 ~-l:r^.. tJL G~__. ~% l'.Le.PG:`~L C_.1 :: .~7.°G'Eti p~r~i
Appeal - Z.. ~.. Gorse 20'7 U,F.
in order that substantial justice be done.' A_n application for
e~aension ~~*as submitted, stating that the front building, can-
opy and pumps would be renoved, the rear building would b@ re-
furbished a_nd the entire lot resurfaced. Following public hear-
ing at which it was ;both supported and opposed, the application
was denied on the basis that the required findings could not be
shotim a_nd the applicant was requested to cease operation by
March 1, 1q'74. The applicant has appealed this decision to the
City council.
Alternatives:
Under the provisions of section 91480 the City Council may
affirm, reverse or modify in whole or in part the Fla_n_r~ing
Commission's determination. The decision of the City Council is
final.
In determi_~iir_g that the required findings had not been met,.
t}72 -L~la1'~ni ng CiOmm1SS10Il COn51d2red t'I12 f011.0.,7i '"ig fact O-~'S: -
hhe business is -net one e.;hich provides a_n irreplaceable or
essential ser-vice i.o the ir~,med_iate neighborhood an~_ ~•:~hich cannot
be _relocated in a eonformi~g commercial locati a~<
Neighberin~ proyoerties have beef; developed and/or purchased
in the belief that the existing operaticn *s.*ould 'ore remc~red at
the e=xpir2.tion of the legal mora.tcrinm period.
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Appeal - Z. A. 'Case '207 °J.P.
The property is presently in a deterioratedand unsightly...
.condition and no public interest or purpose would be served by
prolonging its existence.
The applicant has been .fully atigare that commercial use of
the property i~,as to cease-after.No~,*ember 5, 193 and there is
no showing that further extension is necessary in order that
substantial justice be done ar~d to grant the applicant. an ex-
tension in the absence of the required findings would be unfair
to those simi3.ar operations, such as 25th and Montana.and across
the street on 18th, which have been c:iscentinued in compliance
with the ordinance.
FY.2COmT112T1~^',-a t1CP:
Unless the C;ty Council finds that the continuation of tree
existing repair service is in acco-dance with good zoning practice,
in the public interest and necessary in order that svbsta:ntial
justice be done; it is respectfully reccmmended that the deter--
mirfationof thePla~:wing Commission be upheld and theappli_cant
requested to _relocate hi°s operation ina commercial location.
rr~--pared by:
J r ~rl. 11IIitiSF'ORD
J)1._r'2CtOr Of P I u.r:ri] ng
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