75A - PH KARA GRANT APPEAL - Laserfiche WebLink

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III. THE COMMISSION ERRED IN GRANTING THE VARIANCE AMENDMENT BECAUSE ITS DECISION WAS NOT SUPPORTED BY SUBSTANTIAL EVIDENCE AND IT CONSTITUTES AN IMPERMISSIBLE SPECIAL PRIVILEGE. The Council should deny, as part of the Russell Fischer Car Wash Project, the Amendment to Variance No. 2018-10, because it constitutes an impermissible grant of special privileges to the Project applicant, Russell Fischer that are intended to allow him to build a massive car wash and optimize its "operational efficiency" and afford Russell Fischer "the highest possible return" on its investment. Russell Fischer's 2018 retail/drive-thru restaurant project, which was approved by the Commission for development at the same properties (301 and 325 N. Tustin Avenue) included Variance No. 2018-10 to reduce the setback requirements only for 325 N. Tustin Avenue. Russell Fischer did not apply for a variance for development of 301 N. Tustin Avenue as the originally proposed retail center with drive-thru restaurant. Attached hereto as Exhibit F are the relevant pages from the September 24, 2018 Planning Commission Staff Report for the 2018 Retail/Restaurant Project. Per the Commission's Staff Report for the September 9, 2019 hearing on the Russell Fischer Car Wash Project, the applicant sought Amendment to Variance No. 2018-10, "to also include 301 North Tustin Avenue." Attached as Exhibit G are the relevant pages of the September 9, 2019 Planning Commission Staff Report for the Russell Fischer Car Wash Project. The Applicant's "justification" for seeking this Variance Amendment to reduce the 15-foot setback and 2-foot dedication required along Tustin Avenue on 301 N. Tustin Avenue, where the car wash will be developed, is clearly stated in the Variance Application Russell Fischer submitted to the Planning Department: "The city has directed the applicant to locate the carwash tunnel against the southern property line so as to improve street access and internal circulation based on the city's evaluation; in doing this, keeping the 15' setback requirement in addition to the 2' dedication being granted to the city would reduce the carwash tunnel length to an unacceptable length in terms of its operational efficiency." Attached as Exhibit II is Russell Fischer's Variance Application for the Car Wash Project at 301 N. Tustin Avenue. Russell Fischer further explains why the Variance Amendment, which will reduce the required setbacks and dedications on 301 N. Tustin Avenue, is necessary for the Car Wash Project: "If the landscape reduction is not approved, the applicant would be denied the opportunity to develop his property to create a carwash facility that is designed to operate 20 75A-30