HomeMy WebLinkAboutCC Resolution 10625 (881 Las Ovejas Avenue Appeal)RESOLUTION NO. 10625
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DENYING THE APPEAL OF THE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR
TO DENY AN EXTENSION TO THE AMORTIZATION PERIOD FOR COMPLIANCE WITH
ORDINANCE 1740 ESTABLISHING LIMITS ON NON-COMMERCIAL KEEPING OF ANIMALS
AT 881 LAS OVEJAS AVENUE;
AP No. 178-221-50
WHEREAS, on August 16, 1999 the San Rafael City Council adopted Ordinance 1740 amending
Section 14.17.020 of the Municipal Code to revise limits on non-commercial animal keeping on residential
properties; and
WHEREAS, Ordinance 1740 included a three month amortization period to allow property owners
to come into compliance with the new restrictions or to obtain a use permit for animal keeping in excess of
the ordinance limitations; and
WHEREAS, Ordinance 1740 also included provisions for property owners to apply for a one time
extension to create a reasonable amortization period commensurate with the investment involved; and
WHEREAS, on December 30, 1999 Don Bury, owner of property at 881 Las Ovejas Avenue,
applied for a two year extension to allow continued maintenance of more than ten cats; and
WHEREAS, on January 18, 2000 the Community Development Director held a duly noticed public
hearing and accepted testimony on the proposed extension to the amortization period; and
WHEREAS, on February 8, 2000 the Community Development Director rendered a decision
denying the requested extension; and
WHEREAS, on February 11, 2000 an appeal of the Community Development Director's decision
was filed by Don Bury; and
WHEREAS, on April 3, 2000 the San Rafael City Council held a duly noticed public hearing,
accepted a written report from the Community Development Director and public testimony;
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael hereby
denies the appeal and upholds the decision of the Community Development Director to deny the
requested extension to the amortization period and hereby makes the following determination and findings
in support of that decision:
1. The applicant was unable to demonstrate that a time extension beyond the seven and a half months
since adoption of Ordinance 1740 was necessary to obtain reasonable use of property improvements
made to accommodate the keeping of cats. Appraisal evidence was submitted of the value of the
property at 881 Las Ovejas based on continued use as a single family residence. The evidence
indicated that the cat keeping has actually devalued the property, rather than increasing value for
which an extension of the amortization period is necessary to obtain use of such value or expenditures.
The applicant's claim that expenditures of $12,750 in property improvements made specifically for
purposes of cat keeping, including fencing, tree removal and animal shelters were not substantiated
with any records or documentation of expenditures, although the applicant was afforded notice and
opportunity to do so.
2. The applicant's request for a time extension is based on an anticipated two year timeframe to relocate
to another residence to continue the keeping of cats in excess of ordinance allowances, which does
not relate to the required findings for establishing an amortization period commensurate with the
investment involved.
3. While the impact of the cat keeping on surrounding properties has decreased since the cat population
has been reduced from approximately 75 to approximately 43 animals, and due to efforts of the owners
to contain cats on the subject property, there remain odor impacts adversely affecting nearby
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properties and a reported convergence of vectors (flies) drawn by the concentration of outdoor fecal
material which negatively impact the use, enjoyment and sanitation of surrounding residences.
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 on Monday, the
third day of April, 2000, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Phillips
JEAWKIE M. LEONCI , City Clerk