EL DORADO COUNTY DEVELOPMENT SERVICES ZONING ADMINISTRATOR STAFF REPORT VARIANCE

Similar documents
EL DORADO COUNTY DEVELOPMENT SERVICES ZONING ADMINISTRATOR STAFF REPORT VARIANCE

EL DORADO COUNTY PLANNING AND BUILDING DEPARTMENT ZONING ADMINISTRATOR STAFF REPORT VARIANCE

TOWN OF SAN ANSELMO PLANNING COMMISSION STAFF REPORT. For the meeting of January 11, Agenda Item 6C. Zone X (Minimal Flood Hazard Area)

TENTATIVE PARCEL MAP TIME EXTENSION

SANTA BARBARA COUNTY ZONING ADMINISTRATOR STAFF REPORT August 30, 2007

TOWN OF SAN ANSELMO PLANNING COMMISSION STAFF REPORT. For the meeting of December 7, Agenda Item 5A

City of San Juan Capistrano Agenda Report

Conduct a hearing on the appeal, consider all evidence and testimony, and take one of the following actions:

City of Huntington Beach Community Development Department STAFF REPORT

1.0 REQUEST. SANTA BARBARA COUNTY ZONING ADMINISTRATOR Coastal Zone Staff Report for Vincent New Single-Family Dwelling & Septic System

City of San Juan Capistrano Agenda Report

A G E N D A CITY OF BUENA PARK ZONING ADMINISTRATOR

City of San Juan Capistrano Supplemental Agenda Report

Trio Petroleum, Inc. (PLN010302)

292 West Beamer Street Woodland, CA (530) FAX (530)

1. Adopted the required findings for the project specified in Attachment A of the staff report dated February 6, 2004, including CEQA findings;

PA Conditional Use Permit for Kumon Learning Center at 1027 San Pablo Ave.

CITY OF MANHATTAN BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT. Marisa Lundstedt, Director of Community Development

AGENDA COMMITTEE OPENING OF. use. given the. by staff. CHAIRPERSON DALLAS BAKER CITY PLANNER OFFICIAL TODD MORRIS CHIEF BUILDING

PLANNING COMMISSION STAFF REPORT June 18, 2015

ZONING ADMINISTRATOR AGENDA

Planning Department 168 North Edwards Street Post Office Drawer L Independence, California 93526

CERTIFICATE OF COMPLIANCE

PROJECT ADDRESS ASSESSOR S PARCEL NUMBER G.P. LAND USE DESIGNATION ZONING DISTRICT FLOOD HAZARD ZONE SITE ACREAGE AIRPORT SAFETY ZONE?

MONTEREY COUNTY ZONING ADMINISTRATOR

Applicant Address: 3325 Longview Drive, St 311. State/Zip: Ca/ Phone: (916)

Planning Commission Report

PC RESOLUTION NO. 15~11-10~01 CONDITIONAL USE PERMIT (CUP)

CITY OF MANHATTAN BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT. Marisa Lundstedt, Director of Community Development

VARIANCE APPLICATION

Community Development Department Planning Division 1600 First Street + P.O. Box 660 Napa, CA (707)

APPLICATION FOR PERMIT: (Pursuant to Ord & Reso ) 4d Habitat Loss Permit Vegetation Removal Tree Removal. Address:

Community Development Department Planning Division 1600 First Street + P.O. Box 660 Napa, CA (707)

Community Development Department Planning Division 1600 First Street + P.O. Box 660 Napa, CA (707)

Prepared by: Casey Kempenaar, Senior Planner

CITY OF SONORA PLANNING COMMISSION SITE PLAN REVIEW APPLICATION

SANTA BARBARA COUNTY MONTECITO PLANNING COMMISSION Staff Report for Klink Lot Line Adjustment and Modification

PA Temporary Use Permit for Night Nation Run at Golden Gate Fields (1100 Eastshore)

COUNTY OF SACRAMENTO CALIFORNIA ZONING ADMINISTRATOR REPORT

A G E N D A CITY OF BUENA PARK ZONING ADMINISTRATOR

OWNER-INITIATED MERGER OF PARCELS APPLICATION

PA Parking Adjustment for a change in use at 1300 Solano Ave.

Fresno Local Agency Formation Commission Change of Organization/Reorganization Application

Planning Department Permit Application

Community Development Department Planning Division 1600 First Street + P.O. Box 660 Napa, CA (707)

CITY OF MERCED Planning & Permitting Division STAFF REPORT: #12-21 AGENDA ITEM: 4.1

AGENDA CITY OF EL MONTE MODIFICATION COMMITTEE TUESDAY OCTOBER 23, :00 P.M. CITY HALL WEST CONFERENCE ROOM A VALLEY BOULEVARD

Community Development Department Planning Division 1600 First Street + P.O. Box 660 Napa, CA (707)

P.C. RESOLUTION NO

Board of Adjustment Staff Report Meeting Date: April 4, 2013

Planning Department 168 North Edwards Street Post Office Drawer L Independence, California 93526

required findings for approval of the variance cannot be made

COUNTY OF SAN MATEO PLANNING AND BUILDING DEPARTMENT

CITY OF SANTA ANA ZONING ADMINISTRATOR AGENDA JANUARY 16, :30 A.M.

TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR

City of Placerville Planning Commission STAFF REPORT

CITY COUNCIL STAFF REPORT

Fresno Local Agency Formation Commission Change of Organization/Reorganization Application

STAFF REPORT #

ATTACHMENT B: CONDITIONS OF APPROVAL. Overholtzer Tentative Parcel Map Case No. 08TPM /TPM 14,744 Date: October 13, 2010

CITY OF MERCED Planning & Permitting Division

:= Information Included

PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT

CITY OF BLACK DIAMOND

Planning Department 168 North Edwards Street Post Office Drawer L Independence, California 93526

SANTA BARBARA COUNTY ZONING ADMINISTRATOR STAFF REPORT January 11, 2008

STAFF REPORT. To: Planning Commission Meeting date: May 11, 2016 Item: VN Prepared by: Marc Jordan

CITY OF WILDOMAR PLANNING COMMISSION Agenda Item #2.1 PUBLIC HEARING Meeting Date: June 6, 2018

RESOLUTION NO. PC 18-14

STAFF REPORT. Director Planning, Zoning and Building Department. Longboat Key, Florida

MONTEREY COUNTY ZONING ADMINISTRATOR

SPECIAL USE PERMIT FOR TEMPORARY DEPENDENT HOUSING

A DJUSTMENTS. A. Zoning Permits Required: Use Permit to construct a dwelling unit, as required by BMC Section 23D

PLANNING BOARD APPLICATION

LOT LINE ADJUSTMENT GENERAL INFORMATION AND

RESOLUTION PC NOW THEREFORE, the Planning Commission of the City of Duarte resolves as follows:

Peter Pan Investors LLC (PLN030397)

ORDINANCE NO

Fresno Local Agency Formation Commission Change of Organization/Reorganization Application

MINOR SUBDIVISION COMMITTEE COUNTY OF MONTEREY, STATE OF CALIFORNIA RESOLUTION NO A.P. #

CITY OF WILDOMAR PLANNING COMMISSION Agenda Item #2.3 PUBLIC HEARING Meeting Date: June 6, 2018

WALNUT CREEK DESIGN REVIEW COMMISSION STAFF REPORT. AGENDA: July 6, 2016 ITEM 4b.

MEMORANDUM. TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR


VARIANCE (Revised 03/11)

MONTEREY COUNTY PLANNING COMMISSION

Ravenna Township. Dakota County, Minnesota. Variance Application. Please Print or Type All Information

CITY OF MERCED Planning & Permitting Division STAFF REPORT: #17-06 AGENDA ITEM: 4.4

ORDINANCE NO. An ordinance amending Section of the Los Angeles Municipal Code by amending the zoning map.

RESOLUTION NO. P15-07

A. Land Use Designations: General Plan: LDR Low Density Residential Zoning: R-1H Single Family Residential - Hillside Overlay

CITY OF ELK GROVE PLANNING APPLICATION AND AGREEMENT

PARCEL MERGER APPLICATION

CITY OF MERCED Planning & Permitting Division STAFF REPORT: #15-03 AGENDA ITEM: 4.3

CHAPTER 3 PERMITS, PLANS AND ANNEXATION

Planning Commission Report

Planning Department 168 North Edwards Street Post Office Drawer L Independence, California 93526

Planning Department 168 North Edwards Street Post Office Drawer L Independence, California 93526

CITY OF MERCED Planning Commission MINUTES

This project is categorically exempt from the requirements of CEQA under Categorical Exemption, Section Existing Facilities.

Transcription:

EL DORADO COUNTY DEVELOPMENT SERVICES ZONING ADMINISTRATOR STAFF REPORT Agenda of: August 6, 2008 Item No.: Staff: 4.a. Thomas A. Lloyd VARIANCE FILE NUMBER: V 08-0007 APPLICANT: AGENT: REQUEST: LOCATION: Arnold Brunetti Frank Ross / Davis Group A variance request for reduction of the front yard setback from 20 feet to 14 feet to allow an approximately 64 square foot dining room addition to an existing structure which already encroaches into the required setback. The new construction would not expand the nonconformance as the northeast corner of the existing structure is within nine feet of the property line at its closest point. At the SW corner of Fir Street and Second Avenue, in the Tahoma area, Supervisorial District V (Exhibit A). APN: 015-264-15 ACREAGE: Approximately 0.14 Acres (6,250 sq. ft.) GENERAL PLAN: Adopted Plan, TRPA Regional Plan (Exhibit B) ZONING: One-family Residential (TR1) (Exhibit C) ENVIRONMENTAL DOCUMENT: SUMMARY RECOMMENDATION: Categorically Exempt pursuant to CEQA Section 15305(a) Conditional Approval

Staff Report, Page 2 STAFF ANALYSIS Project Description: The applicant is requesting a variance to allow a reduction in the front yard setback from 20 feet to 14 feet to allow construction of a proposed dining room addition (see Exhibit D). Site Description: The parcel is located in the Tahoma area, on the southwest corner of Fir Street and Second Avenue, and within the Tahoe Cedars Addition subdivision (Exhibit A). County Assessor s records show the existing single-family residence as having been constructed in 1948. This parcel, originally developed in the 1920 s, is indicative of the lots in the subdivision. The majority of the lots are 50 wide, and at the time of construction, the residences were primarily intended for recreational uses as summer homes. As the construction of these homes long predated the current zoning ordinance, many can be found within the prescribed 20 foot minimum front setback. This parcel is a corner lot and, as such, County policy imposes this setback on both road frontages. The parcel is essentially flat and is forested with a number of small as well as mature conifer species including fir, pine, and cedar. Additionally, a merger of the subject 6,250 square foot lot and the 6,250 square foot lot to the immediate south has tentatively been approved by Planning Services (BLA 07-0073). This BLA application is pending final approval by the County Surveyor s office. Adjacent Land Uses: Zoning General Plan Land Use/Improvements Site TR1, PAS 154* AP (TRPA Regional Plan) Developed with single-family dwelling North TR1, PAS 154 AP Developed with single-family dwelling South TR1, PAS 154 AP Undeveloped (tentatively approved merger with subject parcel) Undeveloped East TR1, PAS 154 AP Developed with single-family dwelling West TR1, PAS 154 AP Undeveloped *Plan Area Statement 154, Tahoma Residential, which is a TRPA residential PAS. Sensitivity to the Neighborhood: The permitting of this variance and the minor addition to the existing single family home is not anticipated to negatively impact other residential uses in the project area. Comments were received from the Department of Transportation, Meeks Bay Fire Protection District, and the El Dorado County Building Department, and have been incorporated into the Conditions of Approval (see Attachment 1). Variance Findings: The granting of a variance requires four findings pursuant to Section 17.24.040 of the County Code. These findings for approval and their respective discussions are listed in Attachment 2 of this report.

Staff Report, Page 3 General Plan: The General Plan designates the subject site as an Adopted Plan, which refers to the Tahoe Regional Planning Agency s Regional Plan. The parcel is located within TRPA Plan Area Statement (PAS) 154, Tahoma Residential, which is a residential PAS. The proposed addition is an allowed residential structure for this PAS. While TRPA has not yet conducted a Site Assessment to verify existing land coverage or land capability, the proposed addition would comply with the estimated 5,125 square-feet maximum land coverage allowed as a result of the parcel merge. The County s permitting of the addition would create 278 feet of additional coverage; 64 square feet of additional living space and a proposed 214 square foot concrete patio (see Exhibit D). The granting of this variance, therefore, conforms to the Adopted Plan land use designation. The County General Plan provides broad deference to the TRPA Regional Plan for the implementation of related General Plan policies and for the review of County discretionary projects. With regard to the Tahoe Basin, the primary goal of the County General Plan is to integrate the County s regulations with those of TRPA, to eliminate inconsistencies with the Regional Plan, and to simplify the regulatory environment in the Tahoe Basin, as articulated in Goal 2.10 and its associated policies. Conclusion: As discussed above, staff finds that the project, as proposed and conditioned, conforms to the General Plan and TRPA Regional Plan. Zoning: The subject site is zoned One-family Residential (TR1) District, which permits a minimum parcel size of 7,000 square feet when the lot is served with public water supply and sewage system. At 6,250 square feet, the subject parcel is substandard. The parcel is served by a public water and sewage system by the Tahoe City Public Utility District. The project requests a variance based on the regulations established by the Zoning Ordinance Section 17.22.600 for encroachment into required yards for the addition. Section 17.56.040 identifies a front yard setback of 20 feet in the TR1 Zone District. This front yard setback would be imposed on both the eastern property line, as well as the northern property line as these front Second Avenue and Fir Street, respectively. The existing residence, along with most of the older homes in the neighborhood and many throughout the Tahoe basin, is non-conforming as it is situated within current required setbacks. Many such homes were intended as summer homes only, and lack many of the amenities required for modern, year-round habitation. Strict application of the provisions of the ordinance would deprive the applicant of reasonable use of the land as the proposed addition to and modernization of the home would be impossible. Furthermore, the addition would not further the non-conformance as the house is not positioned squarely on the lot. The northwest corner, slated for the addition, does not extend as far into the setback as the northeast. With the exception of the proposed zoning setback violation, the addition would be permitted by right in the TR1 Zone District. Staff finds the proposed variance, as conditioned, is consistent with all applicable provisions of County Zoning Ordinance Title 17. Tahoe Regional Planning Agency (TRPA): This variance application was routed to the TRPA during the initial comment period. While no comments were received from the Agency, future

Staff Report, Page 4 building permit issuance will be contingent upon compliance with all applicable Tahoe Regional Planning Agency policies, and conditioned accordingly. ENVIRONMENTAL REVIEW This project has been found to be Categorically Exempt from the requirements of CEQA pursuant to Section 15305(a) that allows minor alterations in land use limitations for a variance. The project proposes development in the least sensitive parts of the property and impacts to the environment will not occur with the approval of a variance. No further environmental analysis is necessary. Pursuant to Resolution No. 240-93, a $50.00 processing fee is required by the County Recorder to file the Notice of Exemption. RECOMMENDATION Staff recommends the Zoning Administrator take the following actions: 1. Find the project Categorically Exempt pursuant to CEQA Guidelines Section 15305(a); and 2. Approve V 08-0007 subject to the conditions in Attachment 1 and based on the findings in Attachment 2. SUPPORT INFORMATION Attachments to Staff Report: Attachment 1.. Conditions of Approval Attachment 2.. Findings Exhibit A...Vicinity Map Exhibit B.....General Plan Land Use Map Exhibit C......Zoning Map Exhibit D...Variance Site Plan Exhibit E.....TRPA Plan Area Statement Map C-12 Exhibit F...Site Photos S:\DISCRETIONARY\V\2008\V08-0007\V08-0007 Staff Report.doc

ATTACHMENT 1 CONDITIONS OF APPROVAL File Number V 08-0007 / Brunetti addition variance August 6, 2008 Zoning Administrator Hearing CONDITIONS OF APPROVAL Planning Services 1. This variance is based upon and limited to compliance with the project description, the Zoning Administrator hearing exhibits marked Exhibits A-E dated August 6, 2008, and conditions of approval set forth below. Any deviations from the project description, exhibits, or conditions must be reviewed and approved by the County for conformity with this approval. Deviations may require approved changes to the permit and/or further environmental review. Deviations without the above described approval will constitute a violation of permit approval. The project description is as follows: A variance request for reduction of the front yard setback from 20 feet to 14 feet to allow an approximately 64 square foot dining room addition to an existing structure which already encroaches into the required setback. The new construction would not expand the non-conformance as the northeast corner of the existing structure is within nine feet of the property line at its closest point. The grading, development, use, and maintenance of the property, the size, shape, arrangement, and location of structures, parking areas and landscape areas, and the protection and preservation of resources shall conform to the project description above and the hearing exhibits and conditions of approval below. The property and any portions thereof shall be sold, leased, or financed in compliance with this project description and the approved hearing exhibits and conditions of approval hereto. All plans (such as Landscape and Tree Protection Plans) must be submitted for review and approval and shall be implemented as approved by the County. 2. In the event of any legal action instituted by a third party challenging the validity of any provision of this approval, the developer and landowner agree to be responsible for the costs of defending such suit and shall hold County harmless from any legal fees or costs County may incur as a result of such action, as provided in Section 66474.9(b) of the California Government Code. The applicant shall defend, indemnify, and hold harmless El Dorado County and its agents, officers, and employees from any claim, action, or processing against El Dorado County or its agents, officers, or employees to attack, set aside, void, or annul an

Conditions of Approval, Page 2 approval of El Dorado County concerning a variance, which action is brought within the time period provided for in Section 66499.37. County shall notify the applicant of any claim, action, or proceeding and County will cooperate fully in the defense. 3. Any exterior lighting installed as a result of the proposed addition and remodeling shall be shielded to prevent light and glare from leaving the property and must conform to the provisions of Section 17.14.170 for Outdoor Lighting. 4. Prior to the issuance of any building permits, the applicant shall provide to El Dorado County Development Services documentation demonstrating compliance with all applicable Tahoe Regional Planning Agency policies. 5. Prior to issuance of any permits, the applicant shall pay all Development Services fees in full. El Dorado County Building Department 6. The applicant shall apply for a building permit for the proposed construction project. All necessary permits shall be issued prior to construction. El Dorado County Department of Transportation 7. The variance to the setback will be allowed only within the area necessary to construct the project as listed above. All remaining portions of the property setback which are not needed for the proposed project shall remain at the current setback limit. 8. Prior to building permit issuance, the applicant shall execute a hold harmless and indemnification agreement protecting the County from liability arising as a result of the approval of this setback variance. The form of said document shall be reviewed and approved by the County Counsel, and once approved, shall be recorded with the El Dorado County Recorder s Office. An official copy shall be sent to the Department of Transportation, South Lake Tahoe office. 9. Prior to building permit issuance, the applicant s representative shall redraw and submit a complete site plan EDOT-TED, showing all standard information in a legible document. Meeks Bay Fire Protection District 10. Any living quarters within the setback shall be constructed with non-flammable siding or 5/8 inch sheetrock under the exterior siding (similar to a commercial building).

ATTACHMENT 2 FINDINGS File Number V 08-0007 / Brunetti addition variance August 6, 2008 Zoning Administrator Hearing 1.0 CEQA FINDINGS 1.1 This project has been found to be Categorically Exempt from the requirements of CEQA pursuant to Section 15305(a) that allows minor alterations in land use limitations for a variance. 2.0 VARIANCE FINDINGS 2.1 There are exceptional or extraordinary circumstances or conditions applying to the land, building, or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings or uses in the vicinity and the same zone, and have not resulted from any act of the owner or applicant. County Assessor s records show the existing single-family residence as having been constructed in 1948, long before the current owner acquired the property. Further, the 6,250 square foot lot is less than the minimum prescribed by the development standards of the zoning ordinance. As the construction of the home long predated the current zoning ordinance, it was not originally subject to the prescribed 20 foot minimum front setback. This parcel is a corner lot and, as such, County policy imposes this setback on both road frontages. 2.2 The strict application of the provisions of the ordinance requested to be varied would deprive the applicant of the reasonable use of the land or building allowed for other land in the vicinity and the same zone. The existing residence, along with most of the older homes in the neighborhood and many throughout the Tahoe basin, is non-conforming as it is situated within current required setbacks. Many such homes were intended as summer homes only, and lack many of the amenities required for modern, year-round habitation. Strict application of the provisions of the ordinance would deprive the applicant of reasonable use of the land as the proposed addition to and modernization of the home would be impossible. Furthermore, the addition would not further the non-conformance as the house is not positioned squarely on the lot. The northwest corner, slated for the addition, does not extend as far into the setback as the northeast. 2.3 The variance is the minimum necessary for the reasonable use of the land or building. This variance request will allow a proposed dining room addition, which has been conditioned to prevent any further structural encroachment within the front yard setback (see Attachment 1). Given the relatively small size of the parcel, the position and existing non-conformance of the

Findings for Approval, Page 2 existing structure on the lot, the requested variance is the minimum necessary for the reasonable use of the land (see Exhibit D). The new construction would not expand the non-conformance as the northeast corner of the existing structure is within nine feet of the property line at its closest point. The new construction would, at its closest point, be 14 feet from the property line. 2.4 The variance is in conformity with the intent of this article and not detrimental to the public health, safety, and welfare, or injurious to the neighborhood. The project was distributed to all applicable responsible agencies, and no comments were received to prevent approval of the variance. The variance, as conditioned, is not anticipated to be detrimental to the public health, safety, and welfare of the neighborhood. S:\DISCRETIONARY\V\2008\V08-0007\V08-0007 Staff Report.doc