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Home My WebLink About08-11-09 CC Item 09CITY OF LAKJE E LSIH D PLEAM EXTREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: AUGUST 11, 2009 SUBJECT: APPEAL OF STRUCTURE ABATEMENT ACTION ON 523 WEST MINTHORN STREET. Background The property at 523 West Minthorn Street is a single family residence that was constructed in 1930 according to a real estate property profile. The original floor plan included six bedrooms, three baths, and additional living space totaling 3816 square feet. There have been conflicting reports of the property being occupied at different time periods over the past twenty years contrary to staff's experience based on visual and onsite inspections of the property. Over this twenty year span Code Enforcement has had to deal with a variety of violations on this property including graffiti, vandalism, illegal occupancy, and illegal construction activity. The property was reported to have a connection to Johnny Weissmuller, former Olympian and television actor but no documentation has surfaced to substantiate the rumors. The acreage surrounding the property where the house resides is part of a proposed future housing development. The house sits on close to three acres of land located in the middle of the proposed future development, visible from Interstate 15. Discussion The property on which the house sits was leased out several years ago to a perspective buyer by Mr. Eric Lunde of Spyglass Ranch. In 2006 the lessee took the liberty of removing interior walls, all the plumbing and electrical systems, and started construction on a major remodel without City approval or Building Permits. After the illegal work was discovered, the City worked with the potential owner in an effort to submit plans for rehabilitation of the house. The applicant however never officially submitted any plans and abandoned the property, leaving the house in a questionable state of structural integrity. The house is constructed of "Terra Cotta Clay Tiles" which are hollow clay masonry units with no steel reinforcement. This type of construction does not comp)yV CC August 11, 2009 Item No. 9 Page 1 of 11 Appeal of Structure Abatement Action August 11, 2009 Page 2 with current seismic requirements and any rehabilitation of the structure would need to address this issue. The house has continued to be vandalized and tagged by graffiti and as recently as eight weeks ago required a Code Enforcement action to remove a squatter from the property. The house was placed into Structure Abatement to determine the future of the structure and take actions necessary to force rehabilitation or demolition of the house. In its current condition the house remains structurally unsound, an attractive nuisance, and will continue to require staff's attention and time to resolve code enforcement issues. On May 27, 2009, the property was inspected by members of the Lake Elsinore Historical Society and Mr. Erik Lunde. After the inspection the Historical Society sent a letter to the City stating that they feel the house should not be demolished. That letter is attached for your review. An additional inspection was performed on July 30, 2009 to document the conditions of the interior of the structure. Pictures from this inspection are also attached for your review. Fiscallmpact There will be no fiscal impact to the City. All costs incurred as a result of the Structure Abatement proceedings not reimbursed by the owner will be placed as a lien against the property. Recommendation Deny the appeal and uphold the decision to place the property into Structure Abatement. G Reviewed by: Robin Chipman % Building & Safety Manager Approved by: Robert A. Brady City Manager 1* ATTACHMENTS: 1. Letter of Appeal dated June 5, 2009 2. Letter from Historical Society 3. Pictures of property 4. Location map CC August 11, 2009 Item No. 9 Page 2 of 11 CITY OF LADE LSIHORJE DREAM EXTREME. City Clerk's Office 130 S. Main Street, Lake Elsinore, CA (951) 674 -3124, Ext. 269 For Official Use Only Date Received: 66 X0!5— 0U Z Received By: / i Y14) -»SA�?✓7 Date Fee Paid: APPEAL OF STRUCTURE ABATEMENT FORM Policy 100 -8: The purpose of this Policy is to provide a standardized procedure for consideration of appeals, From Structure Abatement decisions. Within 15 days of a Structure Abatement decision, any person may appeal a decision to the City Council by filing this form and submitting a $200 fee. A copy of this policy is attached with further important information. A Ilcant Information �fSL ZY LLL 1' I Name: 5 ?Y1 g tt *x5 Y`) Aiew V. 4 Date: � i � — Mailing Address: City: Phone No.: Subiect of State: e4-, Subject of Appeal: WO V e,& & r 0822ig t#dif ! "IN e. Project No.(s): Project Applical Project Location: l6 rt i zAmtc c4r -e � Date of Structure I, the undersigned, hereby appeal the above action of approval /denial by the Lake Elsinore Structure Abatement, for the following reasons: (Please cite specific action being appealed.) Attach additional pages as needed. Signature: Dr' Drawer: ke&a AD ill, CITATIO I QglNW ft11, 2009 Item P*4.0n Page 3 of 11 Trans date: 5105/09 Time: 13:53:34 S: CITY OFI' "" " l_ LADE pLSI110RE 0? DREA Name Address DEPOSIT /FEE RECEIPT COMMUNITY DEVELOPMENT DEPARTMENT 130 SOUTH MAIN STREET LAKE ELSINORE, CA 92530 951.674.3124 _ Phone( ) Date _ City /State/Zlp Project Account #CRSorL Project /Descriptions //l;uo y� 1ynPY11z.' COST RECOVERY DEPOSITS DD 620 -0000- 261 -00 -00 AMOUNT Appeals ,.,� AMOUNT Annexation 100 - 0-340-04-00 Sign Program Conditional Use Permit 608 - 0000- 230 -01 -00 Specific Plan Design Review 100 -0000- 340 -11-00 Surface Nining /Reclamation Plan Minor Design Review 100 -0000- 340 -03 -00 Tentative Parcel/Tract Map Developer Agreement T00 -0000- 320 -26-00 Variance Parking Cite Admin Environmental 100 -0000- 320 -24 -00 Zone Change 000- 340 -20 -23 Extension ofTime 100- 0000 - 340 -06-00 Landscape Plan Check Fees 1 000- 340 -24-00 General Plan Amendment 100 -0000- 340 -20-29 landscape Inspection Fees 100 - 0000 - 320 -20 -11 PLANNING FEES /DEPOSITS AMOUNT AMOUNT- :_s.��.:,,.,- . .„ .,...... ,. MR 100-0 - 340-09-00 4m Appeals ,.,� EF 100 - 0-340-04-00 Application of Aban onment ;V7, CD 608 - 0000- 230 -01 -00 Cash Bond /Deposit/Paper Bond CP 100 -0000- 340 -11-00 Copies /Maps /Publications MR 100 -0000- 340 -03 -00 Extension of time -Minor Design Review SP T00 -0000- 320 -26-00 Signs General / Temporary / Banner / Balloon r,:.ries'•ni ;, Parking Cite Admin SE 100 -0000- 320 -24 -00 Temporary Use Permits Shorf terna4,,,9xre06d 000- 340 -20 -23 MR 100- 0000 - 340 -06-00 Other Misc. Fees 1 000- 340 -24-00 AD 100 -0000- 340 -20-29 Administrative Fee 100 - 0000 - 320 -20 -11 BUILDING/CO6E ENFORCEMENT FEES PU 100 -0000- 340 -21 -01 Add'[ Bldg Plan Check Hours AD 100.0000- 340 -20 -30 Administrative Fee BI . 100 -0000- 320 -20 -10 Reinspection Fee B E M P AB 100- 0000 - 340 -13 -03 . Nuisance Abatement AB 100 -0000- 340 -13 -02 Structure Abatement 1 - 340 -20 -24 Parking Cite Admin AA 10 000- 340 -20 -23 Administrative Cite Appeal FR 1 000- 340 -24-00 Lake Elsinore Fire Review Fee 100 - 0000 - 320 -20 -11 Abandoned Property Registration 1 . 2 Tyr : DF Drawer: 1 Date: 6/05/0905 C ' 7228 Total Receipt An 40M1R CIT g2cut7M C9 ChEN 2818 VILO.00 Total tendered $200.00 0Qalugsmt 11, 2009 Item NX95-00 Page 4 of l l Trans date: 6/05/09 Time: 13:53:34 0 WWI IIII ;iii U �a 5'. u WILE ail June 10, 2009 Lake Elsinore Historical Society Mr. Robin Chipman City of Lake Elsinore 130 South Main Street Lake Elsinore CA 92530 Dear Robin: Mailing Address: P.O. Box 84, Lake Elsinore CA 92531 -0084 Museum Address: 106 South Main Street, Lake Elsinore CA Telephone: 909/2454986 or 909/245 -9230 As you know, members of the Lake Elsinore Historical Society visited the "Johnny Weissmuller" home on May 27 with the owner, Eric Lunde. After examining the house, it is our belief the house should not be tom down. Please let us know if we can help you further. Sincerely, 4C,OL ��' Ruth Atkins President CC August 11, 2009 Item No. 9 Page 5 of 11 � e. � ...� w�¥�� : � y. . a�� .� � . �� i :� : �� \ . v� � \ \ � � � /� C` /� - \ ��\ - �\ � � � \� � ) \ y � � � � � � � \ � , : � s.; 3, n yy F 0, r'. 3, n yy F 6