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AgdaPkt 2011-08-22
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AgdaPkt 2011-08-22
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Last modified
1/26/2012 12:02:59 PM
Creation date
8/18/2011 4:39:56 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Redevelopment Agency
Date
8/22/2011
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8.A. - Page 63 <br /> Laurel Way Joint Venture <br /> Laurel Way Area Neighbors Association <br /> April 15, 20I1 <br /> Page 2 <br /> As thef has been some con�usion regarding the current status of the Laua•el Way Projeci, I am <br /> writing this letter for the purpose of clarifyin� the record, for the benefit of the Jatnt Venture, <br /> LWANA, and all other interested inembers of the public. This letter sets forth the position of the <br /> City's staf�regarding the current status of tlxe Laurel Way Project. Also, part of the purpose af this <br /> Ietter is to respond ta questions raised �n Ms. Sux�on's letter to the City dated Apri� b, 2011, <br /> If any of you believe that there is anything factuaily incorrect in this letter, I ez�courage you to <br /> bring any such factual errors to my attention and/or to the attention af City staff at your eaz <br /> convenience. You are welcome to email r�ae at z�ick(a�iarr�isfav.com. But I stress that I am only <br /> representin� and advising the City — it is not my role ta provide Iegal advice to any of you or to any <br /> other rnember of the public regarding the La�arel Way Fro�ect. NIr. Haner, I understand that you and <br /> the Laurel Way Joint Venture are not currently represented by an attorney iti this matter. You andlor <br /> the .loint Venture may wish to retain and consult with yaur own attor�ey. Mr. Velyvis, I understand <br /> that you have been retained as the attorney far LWANA. <br /> In order to make the City staf�'s pasition as clear as possible, I will start by sun�narizing some <br /> of the background 1For the Laurel Way Pa�oject, with wluch you are all already fan«iliar. <br /> The Laurel Way Praject, as described in the Laurel Way Planned Develapment Env�ronmental <br /> Im�act Re�ort recently prepared by the City's consultants, includes a 5.1 acre site which currently <br /> consists of 20 lots awned by 16 different awners. These Iots are steeply slaped — anly three k�ave an <br /> average slope of less than 30%. Sect�on 32.2 of the City's Zoning Code sets forth the "rnini�num <br /> building site area" for lots having a slope of six percent or greater. For example, that s�ction requires <br /> lots with a slope o�30°/fl to have a minimum building site of at least 30,000 square feet, wnile lots <br /> with greater than 34% slopes can c�z�ly be developed with a Planned Development Perr�it. All of the <br /> existing fots within the Laurel Way Project area are less than half this size, and fihe majo�•ity of them <br /> are less than a third. of this size. ]'done of the�e lots conforrr� with the City's existing code <br /> requirements. However, it appears that the lots were lawfu�Iy created through a subdivision m�ap fzled <br /> in 1926, before the Praject area was annexed to the �City. (While LWANA has argued to the effect <br /> that the lats were not lawfa.illy created, City staffhas not been persuaded by these arguments.) <br /> Section 33.2 of the City's Zoning Code provides that "[a] noncanfoY•tning lcat ... inay be used <br /> far developinent subject to compliance with aIl other provisions of this article and other applicable <br /> codes. A noncoi�forrivrig lat inay not be further reduced in area oi• dimension, except by variance." <br /> Artic�e 46 of the Gity's Zoning Code authorizes the City to issue Planned Development <br /> Perimits. Section 46.7{A)(3) authorizes the City to reduce nzinimum buildirF� site sizes for projects <br /> subject ta PIanned Develo�ment Permits. <br />
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