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HomeMy WebLinkAbout72-City Attorney 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 ..r-- CITY OF SAN BERNARDINO 3OONORTH"O"STREET.sANaER,~oINO,CALIFORNIA.924ta errr &Vb. ~\J ~J,t ~~~ 'J."rz:..,< l~to..);:~1' 511 f I.... 217\" I' C4.lLNb 1-7/1'384 56'S1 }\\14. ~'bl~ ,.,~.,.I 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 '1, 't # . . Ms. Janice Good 133515 Washington Boulevard, .201 Los Angeles, CA 90066 Dear Ms. Good: "'" l....." ,<',; I "- ._, .- .t;>- . : ': -," \-~~j n" ".'.' . // ~" ~I 1_" . . ",' . ;,,,.: ,... > '. . I , 'Slf/}4VN~ ~01{2.1C I !. Glr., Q~k '. 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 .. '- """' ~ 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 _ _ ____ __ _ _ ,___ __ I