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CI~ OF SAN BERNARD"'O - REQUiJST FOR COUNCIL ActiON
From:
JOHN WILSON
Subject:
Appeal- of Richard I. Hehr
from Requirement to Underground
Utilities. ~.
/,. t?F
Dept:
City Attorney
Date:
september 16, 1987
Synopsis of Previous Council action:
1) September 8, 1987- 5 appeals from undergrounding requirement
referred to Legislative Review Committee.
2) September 10, 1987- Legislative Review Committee heard testimony
re-problem.
Recommended motion:
That appeal of Richard I. Hehr from Requirement to Underground
utilities be granted.
or
That _appeal of Richard I. Hehr from Requirement to Underground
Utilities be denied. /
Contact panon:
JOHN WILSON
Phonal
5162
Supporting data attachad: Staff Report
Ward:
FUNDING REQUIREMENTS:
Amount:
Sourca: (ACCT. NO.)
(ACCT. DESCRIPTION)
Finance:
Council Notes:
7.:2.
r
, Clk OF SAN BERNARDQO - REQUWT FOR COUNCIL AdlON
STAFF REPORT
On April 16, 1985, Applicant Janice Good was granted variance
No. 85-1. The variance was from the minimum required 5 foot
commercial building setback from residential zoned property.
Conditions were attached to the variance. Condition No. 10
is the requirement for undergrounding of utilities which
reads:
all utility lines shall be installed
underground subject to exceptions
approved by the Planning Department
and the City Engineer.
Party thereafter proceeded to underground on-site utitlies
was not aware the overhead lines were to be undergrounded
until approximately two weeks ago. Project is complete
and read for certificate of occupancy.
City Attorney's office was not made aware of this situation
until after the Agenda deadline. Due to the agreements
applica~t has with prospective tenant and due to the allega~ion
that Bu~ld~ng and Safety failed to notify the applicant ,
of the requirement to underground overhead lines an immediate
hearing is deemed advisable. Therefor the item is submitted
for the supplemental agenda.
75.0264
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W,R, "aoa" HOLCOMB
Mayor
M."'D.'I ot tn_ Common Council
~oo.,~ A. CIIUlned.. . . . . . . . . . First Wares
.Jick Reilly. . . . . . . . . . . . . . Second W.ra
~alg" .....'n.nd.z . . . . . . . . . . . Th;rd Ward
Sl..... Mark' . . . . . . . . . . . . . Fourt" W.ltd
OorClon Qul.1 . . . . . . . . . . . . . FlU" Wires
O,Jn Frule, . . . . . . . . . . . . . . Sixth Ward
J.ck Strlckl., . . . . . . . . . . . .S.....nt" Ward
btu'J~
April 22, 1985
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Ms. Janice Good
133515 Washington Boulevard, .201
Los Angeles, CA 90066
Dear Ms. Good:
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At the meeting of the Planning Commission on April 16, 1985,
the following action was taken:
The application for Variance No. 85-1, to delete the minimum
required five foot setback for a commercial building adjacent
to residentially zoned property located on approximately .37
acre at the northeast corner of 40th Street and Sepulveda
Avenue, was approved based upon findings of fact contained in
the staff report dated April 16, 1985 and subject to the
standard requirements listed therein.
According to
19.74.080., the
application:
the San Bernardino Municipal Code, Section
following applies to the filing of a variance
"The decision of the Commission shall b~ final unless an
appeal therefrom is taken to the Common Council as provided
for in this section. Such decision shall not become effec-
tive for ten days from the date that the written decision has
been ~ade and notice thereof mailed to the applicant, during
which ti~e written appeal therefrom may be taken to the
..
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Ms. Janice Good
April 22, 1985
Page 2
Council by the applicant or
such decision. The Council
any Commission decision to be
any other person aggrieved by
may, upon its own motion, cause
appealed.-
Respectfully,
o~
FRANK A. SCHUMA
Planning Director
mkf
cc: Building and Safety Dept.
Engineering Division
Mr. and Mrs. Eric Erickson
4040 Goodell Lane
Reno, NV 85913 _ _ ____ __ _ _ ,___ __
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