FEBRUARY 1, 2005 APPEAL OF GRADING PERMIT (CASE NO. ZON2003-00088), FOR PROPERTY LOCATED AT 49¼ ROCKINGHORSE. (Applicant/Property Owner/Appellant – Stan Rinehart) FEBRUARY 1, 2005 APPEAL OF GRADING PERMIT (CASE NO. ZON2003-00088), FOR PROPERTY LOCATED AT 49 ROCKINGHORSE. (Applicant/Property Owner/Appellant Stan Rinehart)

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT

DATE: FEBRUARY 1, 2005

SUBJECT: APPEAL OF GRADING PERMIT (CASE NO. ZON2003-00088), FOR PROPERTY LOCATED AT 49 ROCKINGHORSE. (Applicant/Property Owner/Appellant – Stan Rinehart)

Staff Coordinator: Dave Blumenthal, Associate Planner

RECOMMENDATION

Staff recommends that the City Council continue the public hearing until May 24, 2005.

DISCUSSION

On December 22, 2003, the Director of Planning, Building, and Code Enforcement approved a Grading Permit (Case No. ZON2003-00088) to allow the construction of a 4,507 square foot single-family residence. This approval was subsequently appealed to the Planning Commission by two of the neighbors.

On May 25, 2004, the Planning Commission, after conducting two public hearings, denied the appeal of the Director’s approval of the Grading Permit (Case No. ZON2003-00088). As part of this action, the Planning Commission added a condition requiring the applicant to modify an existing ingress/egress easement, which extends across the property frontage. The applicant subsequently filed a timely appeal of this condition of approval.

This appeal was originally agendized for consideration by the City Council on August 17, 2004. At the request of the applicant, the City Council continued the appeal hearing to the November 2, 2004 City Council meeting, then again until the February 1, 2005 Council meeting, to allow the applicant additional time to resolve an easement issue with the neighbors. Inasmuch as the applicant and the neighbors continue to work on this issue, the applicant is requesting that the City Council continue the appeal hearing "to a yet uncertain future date" (see attached letter). As a result, Staff is recommending that the City Council continue the hearing until May 25, 2005. Should the applicant and the neighbors come to an agreement, and the appeal is withdrawn by the applicant, the matter will not be brought back to the City Council. If the applicant and the neighbors are not able to come to an agreement and the applicant requests that the appeal be reagendized, staff will reagendize the appeal and provide a new public notice.

Respectfully submitted:

Joel Rojas, aicp, Director of Planning, Building and Code Enforcement

Reviewed:

Les Evans, City Manager

ATTACHMENTS

    1. Letter requesting continuance, dated January 17, 2005