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HomeMy Public PortalAbout35 Grossman Appeal TOWN OF TRUCKEE California TOWN COUNCIL RESOLUTION NO. 98-35 UPHOLDING APPEAL OF PLANNING COMMISSION RESOLUTION 98-02 WHEREAS, Thomas Grossman, as applicant and authorized agent ("Applicant") for the ma/ property owners of APNs 19-081-11 and 19-081-13 (the "Real Property'') submitted Application No. 97-113 for a demolition permit for the two structures on the Real Property that is within the Historic Preservation Overlay District ("HP District") and which structures are listed in the Town Historic Resources Inventory ("HRI"); and WHEREAS, the Planning Commission, in Resolution 98-02 issued and adopted on July 8, 1998, denied that application by declining to make the required findings to issue a Certificate of Economic Hardship ("Certificate"), under Section I 1.05.03 of the Downtown Specific Plan adopted by Ordinance No. 97-10; and WHEREAS, Applicant timely filed its appeal of Planning Commission Resolution No. 98- 02 to the Town Council; and WHEREAS, the Applicant, Town staff, the Truckee-Donner Historical Society ("Historical Society''), the Truckee Downtown Merchants Association ("TDMA"), and other interested parties have met and have identified and developed a procedure to resolve this matter without the issuance ora Certificate at this time, while providing adequate and reasonable safeguards to ensure that the historical significance, if any, of the two structures on said Real Property, and their contribution, if any, to any eventual or potential Historical District located within the HP District, will be properly and adequately assessed by the Town prior to any potential demolition of those structures; and WHEREAS, all of the parties to this appeal and the Town Council agree that prompt and thorough implementation of the Historical Resources Inventory update mandated in the Downtown Specific Plan is essential to proper implementation of that plan and the effective promotion of its goal and policies; and WHEREAS, the Applicant, Historical Society, and TDMA jointly propose the adoption of this resolution as a fair, just and reasonable resolution accommodating the legitimate concerns of each party, and promoting the best interests of the Town and its citizens and visitors; and WHEREAS, the Town Council has reviewed the staff report prepared on this appeal, including the record below at the Planning Commission, has taken public comment in open session regularly noticed, and has deliberated in open session; and WHEREAS, the Town Council finds it to be in the best interest of the Town and its citizens that this matter be resolved in an amicable manner that is consistent with the Downtown Specific Plan, which promotes its goals and policies, and which is fair and reasonable to the Applicant's interests. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF TIlE TOWN OF TRUCKEE that the appeal of Planning Commission Resolution 98-02 is upheld, and that the action of the Planning Commission in denying Applicant's demolition permit is reversed; and IT IS FURTHER RESOLVED that the application for a Certificate of Economic Hardship is deferred, with the consent of the Applicant and with Applicant's explicit waiver of the time limits under the California Permit Streamlining Act, or any other such statute or regulation, as applied to this application, with this application to be processed, if at all, according to the conditions and the express limitations set forth below; and IT IS FURTHER RESOLVED that Town staffis directed to issue a demolition permit to Applicant for the two structures located on the Real Property, subject to the following conditions and limitations: 1. Town Staff is directed to immediately advertise for bids or proposals for a contract to conduct the HRI update mandated by Policy 8.D. of the Downtown Specific Plan. Such contract when it is let shall (a) require that the HRI update shall be completed to the satisfaction of the Town by no later than April 30, 1999; and, Co) shall require that the update for the Brickelltown neighbor- hood be conducted and completed as the first priority of the HRI update. 2. Prior to the deadline for the completion of the HRI update set forth in paragraph 1 above, Applicant, in its discretion, may file and process toward resolution any site plan that it wishes to submit with respect to the Real Property; provided, however, that no consideration by the Town of that application prior to the deadline for completion of the HR/update shall estop or preclude the Town fi:om exercising its discretion to designate either or both of the structures located on the Real Property as historical landmarks, pursuant to Section 11.01.06 of the Downtown Specific Plan. 3. In addition to any other applicable fees properly imposed on Applicant with respect to the Real Property for Application No. 97-113, Applicant agrees voluntarily to pay the sum of $3,500 to the Town or its designee, which monies shall be used under direction of the Town's Community Development Director, in addition to those funds already budgeted by the Town, and in such manner as he may determine is reasonable to accomplish the objectives of this resolution, solely to facilitate prompt and thorough implementation of the HRI update within the deadline to complete the HR/update set forth in paragraph 2 above. The Director shall consult with Applicant in good faith during the completion of the HRI update, but Applicant shall have no decision-making authority with respect to the conduct of the HR/update, or its outcome. 4. Within 20 days of the earlier of either the submission to the Town Council of the final HRI update, or the expiration of the deadline for completion of the HRI update set forth in paragraph 2 above, any person with legal standing may request, by making a complete written application using the proper procedures then in place, that the Town Council designate either or both of the structures on the Real Property as historical landmarks, pursuant to Section 11.01.06 of the Downtown Specific Plan. 5. If, after conducting a public heating to consider designation of either or both of t_he structures as historic landmarks, the Town Council designates either or both of the structures on the Real Property as historic landmarks pursuant to Section I 1.01.06 of the Downtown Specific Plan, then Applicant may only proceed to enforce its demotion permit by first obtaining from the Town Council a Certificate of Economic Hardship pursuant to Sections 11.05.03(E) and 11.06.06 of the Downtown Specific Plan. 6. If, after due and proper consideration and public hearing, the Town Council declines to designate either or both of the structures on the Real Property as historic landmarks pursuant to Section 11.01.06 of the Downtown Specific Plan, or it the time period set forth in paragraph 2 above expires and no request for designation of the structures as historical landmarks has been properly filed with the Town, then the only remaining conditions on the Applicant for effecfing action under the demolition permit issued herein shall be as follows in paragraphs 7 through 10. 7. Prior to proceeding with demolition under the demolition permit issued under this applicant, Applicant shall submit to the Planning Division a historic survey report on the Real Property and the structures thereon, with documentation including, but not limited to, photographs, floor plans, measured drawings, archaeological survey, and other reasonable documentation required by the Town Planner. The report shall be prepared by a qualified archaeologist or historian approved by the Town Planner, and shall meet the standards of the Historic American Building Survey. 8. Prior to proceeding with demolition under the demolition permit issued under this application, the Applicant (a) shall have obtained from the Town a land use permit consistent with the Historic Design Guidelines for the replacement use and structures on the Real Property; and, (b) shall have submitted complete building plans to the Building Division for these replacement structures, and shall have obtained a building permit authorizing commencement of the replacement structures. The ptapose of this requirement is to ensure that there are replacement structures and uses approved for the Real Property, and that the Applicant has expended substantial time, effort and resources in the preparation of building plans for the replacement structures and uses before the existing structures are removed from the Real Property. 9. Throughout the time period set forth in paragraph 2 above, Applicant shall negotiate and consult, in good faith, with the Town and/or the Historical Society to examine available alternatives to demolition of the structures, such as possible relocation to another site. I0. The conditions set forth in paragraph 7 through 9 of this resolution shall be incorporated into any eventual project on the Real Property as conditions of approval. 11. The appeal fee shall be refunded to Applicant. 3 The foregoing Resolution was adopted at a Regular Meeting of the Truckee Town Council, held on the 20th day of August, 1998, by Councilmember Schneider who moved its adoption, which motion being duly seconded by Councilmember Susman was upon roll call carried and the Resolution adopted by the following vote: AYES: Councilmembers Drake, McCormack, Schneider, Susman & Mayor Florian NOES: None ABSENT: None Stephen L. 4