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HomeMy WebLinkAbout10-18-2005 NA MINUTES NUISANCE ABATEMENT HEARING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, OCTOBER 18, 2005 ****************************************************************** CALL TO ORDER The regular Nuisance Abatement Hearing was called to order by Board Member Loraine Watts, at 5:02 p.m. ROLLCALL PRESENT: BOARD MEMBERS: WATTS, FAGAN ABSENT: SECRETARY TO THE NUISANCE ABATEMENT BOARD: CHIPMAN Also present were: Senior Planner Matt Harris in as a replacement, Office Specialist Staley and Senior Code Enforcement Officer Gordon. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Tim Fleming. PUBLIC COMMENTS None. CONSENT CALENDAR 1. The following Minutes were approved: A. Nuisance Abatement Meeting - August 16,2005 and September 20,2005. MOVED BY WATTS, SECONDED BY BOARD MEMBER FAGAN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE CONSENT CALENDAR AS PRESENTED. PAGE 2 - NUISANCE ABATEMENT MINUTES - OCTOBER 18, 2005 PUBLIC HEARINGS 2.3961 Adams Ave. Board Member Watts asked Senior Code Enforcement Officer Gordon to give an overview of the property. Senior Code Enforcement Officer Gordon indicated that the property involves a single family residence on Adams Avenue. Officer Gordon indicated that the property is occupied. Officer Gordon indicated that Code Enforcement had no response from the property owner concerning all the notices that were posted on the property or mailed out. Officer Gordon indicated that the photographs showed a dead lawn, inoperable vehicle on the side yard, and a large pile of cement blocks on the driveway. Senior Officer Gordon stated that the only improvement on the property has been the cutting of weeds. Senior Officer Gordon also indicated that the property owner has been cited on three different occaSlOns. Senior Code Enforcement Officer Gordon recommended that the property be declared a Nuisance at this time. Board Member Fagan stated that he had driven by the property and that the property looked just like the photographs. Fagan expressed that the appearance of the property was poor. Fagan also recommended it to be declared a Nuisance. Senior Planner Harris indicated that he had also driven by the property and that he agreed with Board Member Fagan that the property was in poor condition and should be declared a Nuisance. MOVED BY WATTS, SECONDED BY FAGAN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO DECLARE THE PROPERTY AT 3961 ADAMS AVENUE A NUISANCE. 3.16871 Sannelle Street Board Member Watts asked Senior Code Enforcement Officer Gordon to give an overview of the property. Senior Code Enforcement Officer Gordon indicated that this was a undeveloped property on Sannelle and Bond Street. Senior Officer Gordon indicated that a Manufactured Home had been placed on the lot in preparation for the home to be installed. Senior Officer Gordon indicated that there were no grading or construction permits for this property. Senior Officer Gordon indicated that it appeared that the home was being stored on the property pending improvements. Senior Officer Gordon stated that the property owner is in violation of the City Code to store the home on a vacant lot. PAGE 3 - NUISANCE ABATEMENT MINUTES - OCTOBER 18, 2005 Robert Rosenstein, who is an attorney representing the property owner at 16871 Sannelle Street, was present and asked to speak on behalf of the property owner. Attorney Rosenstein indicated that the site plans have been in plan check for about 8 months, waiting to be approved in order to obtain permits. Attorney Rosenstein indicated that the Bendy Foundation has paid for the plan check process and feels that the delay has been because of the City. Attorney Rosenstein expressed that he had gone to the City and obtained a copy of the Lake Elsinore Code that pertains to the Nuisance Abatement Code. Attorney Rosenstein indicated that he felt his case should be exempt because the code did not state the exact violation. Attorney Rosenstein indicated that the property owner would like to have the Notice of Violation cancelled. Attorney Rosenstein expressed that if they understood the exact Code they were in violation of, then they would like to have the opportunity to correct the violation. Attorney Rosenstein requested more time to correct the violation. Board Member Fagan read the Declaration of Nuisance and explained that zoning codes were violated by placing the manufactured home on the vacant lot. Senior Code Enforcement Officer Gordon asked Senior Planner Harris to speak on the findings of his research regarding this property. Senior Planner Harris indicated that this particular site has design review approval from the Planning Commission. Senior Planner Harris indicated that construction plans had been submitted. The City had misplaced the plans and that the City mailed a letter to the Bendy Foundation stating the misplacement of plans and requested two new copies of the plans. Senior Planner Harris stated that given the fact that the plans were misplaced, staff was inclined to give the Bendy Foundation a thirty day extension to submit the plans and get this resolved as quickly as possible. Tim Fleming, who is a resident of Lake Elsinore, asked to speak in regards to the property at 16871 Sannelle Street. Mr. Fleming expressed that he felt it was an eyesore for the City of Lake Elsinore. Mr. Fleming questioned "why was the manufactured home on the property if it's in Plan Check?" Mr. Fleming indicated that the property owner should have the proper permits first before building or placing a home on their property. Mr. Fleming expressed that the City should have the building removed right away before others think that they can do it as well. Senior Planner Harris concurred with Mr. Fleming but also indicated that the Building Division had said the property was very close to having the building plans and permits approved. Therefore Senior Planner Harris stated that he was inclined to give the property owner a 30 day extension. MOVED BY WATTS, SECONDED BY FAGAN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO GRANT A 30 DAY EXTENSION AT THE PROPERTY AT 16871 SANNELLE STREET. PAGE 4 - NUISANCE ABATEMENT MINUTES - OCTOBER 18, 2005 INFORMATIONAL ITEMS None. CODE ENFORCEMENT COMMENTS Senior Code Enforcement Officer Gordon indicated that at the last Nuisance Abatement Hearing, 1411 W. Pottery St was declared a Nuisance. Senior Code Enforcement Officer Gordon indicated that the owners of the property have filed an appeal with the City. The appeal will go before the City Council at a later date. Officer Gordon indicated that all action has stopped until an appeal has been heard before the City Council meeting. Officer Gordon stated that the board would be advised when that date has been set. NUISANCE ABATEMENT BOARD COMMENTS None. ADJOURNMENT MOVED BY CHAIRPERSON WATTS AND SECONDED BY FAGAN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE NUSIANCE ABATEMENT MEETING AT 5:30 p.m. ~~ Loraine Watts, Chairwoman Respectfully Submitted, t~;;tr~ Office Specialist III ArrEST: ~~~ Robin Chipman, Secretary to the Nuisance Abatement Board