 |
|
|
|
|
Council Watch
WG's Garden Theatre owners are allowed yet a third continuance
A ten-year-old promise to build a driveway still remains unfulfilled
By Jessica Lyons
It's been 10 years since the city of San Jose mandated that former Garden Theater property owner Richard Alley build a traffic easement to alleviate the theater's congested parking lot. And if the Planning Commission has any say in the matter, it might be 10 more before the easement to Willow Street is actually built.
Once again, Barton Hechtman, attorney for Garden Theater owner Luis Tsigaris, addressed the commission at the April 28 meeting saying Tsigaris and adjacent property owner Michael Mulcahy have finally agreed to build an easement. For the second time, Hechtman asked for a continuance. And once again, commissioners gave Tsigaris and Mulcahy more time to build the elusive driveway to Willow Street.
"We did reach an agreement regarding the construction of a driveway," Hechtman said. "What I think is most practical is to continue this to May 26 with a status report on May 12."
Now, Mulcahy and Tsigaris have a month to install the traffic easement and tire grates. If not, the commission may revoke or at least modify the permit to operate restaurants and retail shops inside the Garden Theater.
"We have been working diligently on this process, and barring any catastrophes, we have come to an agreement," Mulcahy says. "The roadway serving the Garden Theater property will be installed, and my family and I will put it in."
A start date for the construction hasn't been set. "Soon" is as good as it gets. "It's definitely a priority and we hope to get started as soon as possible," Mulcahy says.
After the Nov. 4 meeting, when the commission revoked the theater's conditional use permit and reissued a temporary one, Tsigaris had 90 days to comply with a decade-old set of requirements, involving lighting, trash and the congested parking lot. Three months later he had done the small stuff, but an entire driveway, easement and tire grating system remained unstarted.
Tsigaris was given a second grace period--the city said he must complete everything by March 10. It wasn't, and the time period was extended again, until April 28. For a third time now, the time period has been pushed back. Now the deadline is May 26.
In a worst-case scenario, the commission could revoke the Garden Theater's permit, and all the tenants and businesses could be forced to vacate the former theater.
|
|
|
|
Willow Glen, California Since 1992
