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Zoning official: B&B application ‘incomplete’

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THE Zoning Board requires proof of property ownership —besides a copy of a lease agreement — for any conditional use application, board chairman Mariano Taitano said.

Recently, the board reviewed Li Chen’s application to operate a bed and breakfast establishment.

Li Chen’s representative, Hector Sevilla, presented a copy of the lease agreement only.

Taitano said the application was incomplete, adding that it was doubtful “whether the property belonged to Patricia Taitano” as indicated in the lease agreement.

Zoning Board legal counsel Chris Timmons agreed. “This is a warranty title, but it doesn’t reference the deed by which [Patricia Taitano] acquired it. You can record any lease whether it’s valid or not.”

Timmons said “somebody signed a piece of paper, but without tracing the change of title, we don’t know who has the title to the property that she leased.”

He added that an application should be submitted by the owner or person having an interest in the property.

“When you…lease a piece of land…[there must be] a preliminary title report…[that] traces the title back to the owner and proves that…the person who’s trying to bring an interest to you has the right to do that. But without that underlying deed we don’t know if the applicant has an interest in the land.”

Zoning Board chairman Taitano said the application will be taken up again in the next board meeting.

Acting Zoning Administrator Yubert Alepuyo said the use of the proposed project is classified as “bed and breakfast” and is permitted in the district as conditional use.

The project is located on Lot No. 017 D 08 in China Town, which is zoned as village residential.

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