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HomeMy WebLinkAboutCC Resolution 7524 (1200 Lincoln Ave Permits)RESOLUTION NO. 7524 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING STAFF TO ISSUE BUILDING PERMITS FOR A 1,500 SQUARE FOOT SECOND FLOOR EX- PANSION TO THE FORMER TICOR OFFICE BUILDING LOCATED AT 1200 LINCOLN AVENUE WHEREAS, on October 16, 1986, consistent with 1985 use and design review permit approvals, the applicants attempted to request building permit approvals for a 1,500 square foot second floor expansion to the former Ticor office building. The addition would create an overall building to property Floor Area Ratio of .48; and WHEREAS, Planning Department staff reviewed the request finding that the proposal is inconsistent with the Draft General Plan because it exceeds the recommended Floor Area Ratio limit of .4, designated for this property; and WHEREAS, consistent with Resolution No. 7427 adopted by the City Council on September 2, 1986, staff did not grant building permits for the 1,500 square foot addition. Resolution No. 7427 stipulates that until the Draft General Plan revision is adopted, the Planning Department can accept, process and act on only development applications that are consistent with the land use designation and Floor Area Ratio limits for the property; and WHEREAS, the applicants were directed by staff to participate in the Draft General Plan review process; furthermore, the applicants were urged to submit written comments on the draft document and recommended policies for Floor Area Ratio limits; and WHEREAS, on December 8, 1986, the applicant submitted written comments on the Draft General Plan requesting an amendment to the Floor Area Ratio limits from .4 to .48 for the subject property. The applicant argues that the addition would be accomplished entirely within the building, not resulting in any exterior expansion. Furthermore, the applicant contends that the previously approved use and design review permits for the expanded addition were still valid; and WHEREAS, on February 20, 1987, the Planning Department staff provided a written response to the applicant's comments on a Draft General Plan. Staff again informed the applicants that building permits could not be granted given the recommendation and the status of the Draft General Plan review process. The applicants P"'i R I G � N, A 1 -/---5- -2 -17, 'RESOLUTION NO. 7r,-)4 were also informed that staff's decision not to issue a building permit for this addition could be appealed to the City Council within 7 calendar days; and WHEREAS, on February 26, 1987, the applicant appealed staff's decision to the City Council. A lengthy letter of appeal was filed to substantiate and support approval of the permit. The applicant's justification for granting the appeal included the following points: 1. Use and design review permits for the addition and remodel were granted in July 1985 to the Marin Financial Corporation, previous owners. Because of the previous owners financial difficulties, the project did not immediately go forward with construction. Although building permits were ready to be issued, the former owners defaulted with the building being deeded to the lender in April 1986. The present owners diligently pursued purchase of the property but escrow did not close until late 1986. The chronology and timing of the previous approvals, moratorium and introduction of the Draft General Plan with Floor Area Ratio limits all created an atypical, unusual situation which is worthy of special consideration and application. 2. The applicants claim that the proposal would be consistent with the use and design review permit approvals that were granted in July 1985, which were still valid during the Citywide moratorium. If it were not for the Citywide moratorium, building permits would have been issued and the project would most likely be completed by this time. 3. The applicants claim that the proposed Floor Area Ratio of .48 is not that significantly greater than the recommended limit of .4; and WHEREAS, on April 6, 1987, the City Council held a public hearing on the appeal. After receiving public testimony and discussing the item at length, the City Council agreed with the various points raised by the applicant for granting of the building permits. The City Council found that there are special 'RESOLUTION NO. 7-4 circumstances in this situation that warrant approval of the building permits; NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes the issuances of building permits for a 1,500 square foot expanded addition to the second floor of the former Ticor building based on the following findings: 1. There are special and unusual circumstances surrounding the proposed addition which warrant approval of the building permits and which conclude that a precedent would not be set with this action. City use and design review permits were approved in July 1985 and were still valid through the Citywide moratorium. If the moratorium had not been imposed, the permits could have been issued as presently requested. Furthermore, building permits were ready to be granted prior to the moratorium but because of financial constraints of the previous owner, the property default, and the timing involved to sell the building to and close escrow with the present applicants, these permits could not be secured in a timely manner. 2. Additionally, there are special circumstances surrounding the present status of the subject project which warrant approval of the building permits. This proposal is the only fully approved non-residential development project which did not secure building permits and commence with construction prior to the initiation of the Citywide moratorium. Furthermore, this proposal is the only fully approved non-residential project which is directly affected by and inconsistent with the proposed Floor Area Ratio limits recommended in the Draft General Plan. Thus, the granting of building permits for this project would not create a precedent for other similar requests which could directly impact the recommendation of the Draft General Plan or the Floor Area Ratio methodology. 3. Approval of this 1,500 square foot addition does not result in any exterior expansion, change in building footprint, building profile or building bulk. The '.act RESOLUTION NO. 75n^ addition is accomplished through expansion of an interior mezzanine area which presently exists. Approval of this addition within the confines of the existing building shell and footprint would not affect any of the draft design or land use designation policies of the Draft General Plan. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City the 20th day of April , 1987, by the following vote, to wit: AYES: COUNCILMEMBERS• Breiner, Frugoli, Nave, Willms & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 4 JN M �LEONCI I, City Clerk V