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1862 Edgehill Ct. Appeal August 7, 1997 DISCUSSION On June 2, 1997, staff received a complaint that three limousines were routinely parked in front of the house located at 1862 Edgehill Court. The complainant was concerned about the appearance of the limousines on the street and that business activities were being conducted out of the home. Inspections of the site revealed a stretch -like van, a stretch Mercedes Benz and a stretch Lincoln. Staff contacted the property owners who indicated that the limousines were not currently being used for business activities and that they planned to eventually construct a new driveway which would accommodate the vehicles. Staff could fmd no evidence that a limousine business is currently being conducted from the home. Staff continued to receive complaints regarding the limousines and took action to require the removal of the Mercedes & Lincoln limousines which are parked on the street. Due to the incline of the steep driveway, the limousines cannot be parked on the driveway. The van was not pursued as a violation because it is generally parked in the driveway and it is no different than a permitted recreational vehicle. An Administrative Hearing before the Community Preservation Hearing Board was scheduled for July 16, 1997. Staff then received a petition requesting removal of the limousines. A copy of the petition is attached. You will note that the petition was addressed to the attention of the City Council and references a July 16 City Council meeting. The petitioners were actually referring to the July 16 Administrative Hearing before the Community Preservation Hearing Board. COMMUNITY PRESERVATION HEARING BOARD ACTION Mr. and Mrs. DeLaCruz attended the administrative hearing. After hearing all testimony, the hearing board found the condition to be a public nuisance and required the removal of one limousine by August 1, 1997, and the second limousine by July 16, 1998. The Board indicated that the limousines could be parked at the property, if they were parked on a legal off-street parking area. A copy of the Findings of Fact and Order are attached. On July 22, 1997, the property owners filed an appeal of the hearing board's decision. RECOMMENDATIONS Staff Recommendation to Community Preservation Hearing Board At the July 16, 1997 Administrative Hearing, staff recommended that the Hearing Board require the removal of the limousines based on the following finding: A reasonable determination can be made that the use of the public street for the purpose of parking two stretch limousines is so out of harmony with the standards of the properties in the vicinity so as to cause substantial diminution of the enjoyment, use and property values of such properties, and therefore violates Section 3-1-205(b)(1) of the Community is Preservation Ordinance. 4��