Calling up the imagery of a mud-splattered windshield, City Atty. Carol Schwab told the newspaper this morning that there is no expiration clause in last week’s late-surfacing use variance, linked to the now-dark Culver City Ice Arena.
The variance calls for ice rink-only usage of the property. The press and the public have asked whether there are any expiration clauses in the documents or the city’s Municipal Code that would apply to the use as an ice rink.
“This is complicated, and there is not an easy answer,” Ms. Schwab said. “It will depend on what the facts are at the time.”
There are at least two possibilities.
“What exists there now is a use variance that was allowed at the time (in 1960) under the Zoning Code, with no expiration clause,” she said. “A use variance no longer is allowed under our Municipal Code.
“There are no specific provisions regarding expiration of a use variance in the Municipal Code.
“It is speculative for me to say what will happen if a situation arises that requires an analysis as to whether it has expired.
Calling up the imagery of a mud-splattered windshield, City Atty. Carol Schwab told the newspaper this morning that there is no expiration clause in last week’s late-surfacing use variance, linked to the now-dark Culver City Ice Arena.
The variance calls for ice rink-only usage of the property. The press and the public have asked whether there are any expiration clauses in the documents or the city’s Municipal Code that would apply to the use as an ice rink.
“This is complicated, and there is not an easy answer,” Ms. Schwab said. “It will depend on what the facts are at the time.”
There are at least two possibilities.
“What exists there now is a use variance that was allowed at the time (in 1960) under the Zoning Code, with no expiration clause,” she said. “A use variance no longer is allowed under our Municipal Code.
“There are no specific provisions regarding expiration of a use variance in the Municipal Code.
“It is speculative for me to say what will happen if a situation arises that requires an analysis as to whether it has expired.
“One argument might be made,” Ms. Schwab said, “that it’s a variance. It runs with the land. It remains in effect, and there is no expiration.
“Another possibility is that the Community Development Director (Sol Blumenfeld) could do what is called a Zoning Code Interpretation,” Ms. Schwab said.
Mr. Blumenfeld would not decide which side prevails in this emotional battle of nuclear proportions. He only would look at analogous types of permits under the Code, such as a conditional use permit. He would determine whether the Ice Arena case is similar, and then look at the rules. Under those provisions it says ‘that if the activity approved by the use permit is discontinued for a consecutive period of one year, the use permit shall be deemed expired and is null and void. Upon expiration, further continuation of the activity would require approval of a conditional use permit application.’
“Another argument might be made,” Ms. Schwab said, “that it’s a variance. It runs with the land. It remains in effect, and there is no expiration.”
However, Ms. Schwab repeated an earlier observation: “It would be improper for me to prejudge this, because it is complex and we don’t know what facts will be presented.”
