COM 0508.000 2006-2008 - Laserfiche WebLink

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Mr. Christopher Yuen, Director April 12, 2007 Page 2 noted in Exhibit A, a time extension request must be filed and approved before we can proceed. In that regard, I would appreciate your considering this letter as the formal request for a time extension. NATURE OF REQUESTS We, Dr. Brian and Ramona Sakamoto, hereby request an amendment to Condition B of Ordinance No. 93 101 to allow the submittal and approval of Final Plan Approval within one yeaz of the effective date of an amendment to this ordinance. With this amendment, Condition C relating to the construction timetable can be met. We also request an amendment to Condition J relating to the submittal of an annual report, inasmuch as none was ever filed since adoption of this ordinance. Again, the annual report requirement could be one yeaz of the effective date of an amendment to this ordinance. JUSTIFICATION OF REQUESTS In making this extension requests, we respectfully request your taking the following into consideration: 1. The applicants' inability to perform within the stipulated period was a result of conditions that could not have been foreseen or were beyond the control of the applicants and not attributable to the applicants' negligence. As noted above, we recently secured title to the property with the intent of consummating the proposed development. We unfortunately were not aware that there was any time requirement and that the required time had lapsed. Accordingly, we proceeded to prepaze plans consistent with the CG-20 zoning and have expended considerable funds to date. 2. Approval of this request would not be contrary to the prevailing General Plan, Zoning Code, and Subdivision Code. Since the rezoning was approved for the site in 1993, there have been no changes to the General Plan affecting the subject property or immediately surrounding azea. Furthermore, neither the Subdivision Code nor Zoning Code has been amended in a manner that would affect the proposed development. In either event, all pertinent requirements of the Zoning Code would be complied with, as well as the existing conditions of the rezoning ordinance.