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COUNCIL AGENDA REPORT
DATE: APRIL 7, 2015
MEETING DATE: 04/07/15
ITEM NO: 6
DESK ITEM
TO: MAYOR AND TOWN COUNCIL
FROM: LES WHITE, INTERIM TOWN MAN
SUBJECT: REQUEST FOR REFUND OF APPLICATION FEES FOR THE REMOVAL OF
A SECOND UNIT. APN 510 -44 -013. PROPERTY LOCATION: 12 BAYVIEW
AVENUE. PROPERTY OWNERS: REED AND CAROLYN HORNBERGER.
REMARKS:
In response to a question from a Council Member, this Desk Item explains why the Community
Development Department did not identify the removal of the second unit when the prior owner
submitted plans to remodel the residence.
As mentioned on page two of Attachment 2, SV Home submitted erroneous plans for a remodel
of the residence at 12 Bayview Avenue. The plans showed a bathroom instead of a kitchen.
Ideally, the Town should have identified that the remodel plans did not show the second unit.
The Town assumes that the plans submitted accurately reflect the current conditions, as is typical
for most municipal Building Divisions.
The current property owners purchased the home after the completion of the remodel. The Town
was not aware of the illegal removal of the second unit until the current owners returned the
rental remediation fee invoice. The current owners submitted the application and paid the
processing fees to request the removal of the second unit correctly. Planning Commission
approved the request. Rather than asking the Town for a refund, this is a civil matter between
the current owners and SV Home.
Town staff has caught misrepresentations for other properties and worked with the applicants to
resolve them, which have resulted in the retention of second units in other cases. The
Community Development Department is considering new procedures to try to prevent a similar
situation in the future.
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PREPARED BY: LAUREL R. PREVETTI 046d &10-
Assistant Town Manager /Community Development Director
Reviewed by: N/A Assistant Town Manager 9 ��Town Attorney _Finance
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