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Planning Department reports enforcement options after Frank Norris Place sales conflict
Summary
Staff told the Planning Commission that Frank Norris Place (1326 Polk) was approved under the double-density senior/disabled bonus but evidence suggests non-senior occupancy; staff and the Board of Appeals found the project out of compliance and proposed enforcement steps including CC&R changes, marketing controls, and potential reservations of remaining units for seniors or handicapped persons.
Code Enforcement staff presented the status of enforcement at Frank Norris Place (1326 Polk Street) at the Jan. 22 meeting, summarizing a complex case in which a 32-unit project granted a double-density bonus for senior/disabled occupancy appears to have been marketed and sold without consistent disclosure that the units were restricted to seniors.
Dario Jones of the Planning Department told commissioners the project received a permit under the planning code’s double-density bonus, which requires units to be designed for and occupied by seniors or physically handicapped persons. After a complaint in November 2007, staff reviewed the sponsor’s marketing and sales materials and found ads and listings that did not disclose that the units were for senior occupancy. The sponsor’s attorney responded that the project complied with federal 80/20…
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