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HomeMy WebLinkAboutMINUTES - 08211984 - T.8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY , CALIFORNIA Adopted this Order on August 21 , 1984 , by the following vote: AYES: Supervisors Powers , Fanden, Schroder , McPeak , Torlakson NOES; None ABSENT: None ABSTAIN: None SUBJECT: Decision on appeal of Clarence A . Becker from the Board of Appeals decision on Variance Applications Nos . 1016-84 and 1017-84 , (Marlynn Nichols and Calpeg Corporation , owners ) to establish a third story within existing resi- dences in the Port Costa area . The Board on August 7, 1984, deferred to this date its decision on the appeal of Clarence A . Becker from the Board of Appeals decision on Variance Applications Nos . 1016-84 and 1017-84, (Marlynn Nichols and Calpeg Corporation , owners ) to establish a third story within existing residences in the Port Costa area; and Supervisor Fanden commented that she felt an unfortunate set of circumstances has occurred and advised that her recommen- dation would be to have Mr . Becker remove the bathroom because , in her opionion , she felt that it had been constructed illegally, and recommended that if the Board approves Variance Applications 1016-84 and 1017-84, that the variances be approved with the folowing con- ditions of approval: 1 . The variance is approved for a five foot wide third story section as shown on the plans submitted to the Planning Department and dated received February 17, 1984. 2. The applicant and owners shall comply with the requirements of the Building Inspection Department . 3. The parcel (and the structure thereon) shall be used only as a "one family dwelling" (Ord ,C . § 82-4.258) and no apartment , duplex or additional dwelling unit use is allowed by this permit . 4. Within 30 days of the effective date of this permit , a declaration of restrictions (in the form acceptable to the Planning Department ) shall be filed by the owners and applicant with the County Recorder indica- ting the existence of this variance for the subject parcel its conditions restricting use , and that they will be complied with . 5. If requested (and with at least two days prior notice) owners and/or applicant agree that the County Building Inspection Department semi-annually may enter upon the subject parcel and into the basement-third story variance area to determine compliance with this permit . Supervisor McPeak commented that she was in agreement with the first four conditions because they addressed the intent of the Board's previous discussions on this matter and were also in confor- mance with the recommendations of the County Planning Department , but advised that she was in disagreement with condition number five; and Supervisor Fanden commented that condition number five had been added to the conditions of approval for the purpose of satisfying the residents in the Port Costa area so they could be assured that someone was monitoring the structures in question; and ;D1 Supervisor Schroder inquired as to who could request the semi-annual inspections on the subject property; and Supervisor Fanden advised that the County would be respon- sible for requesting the semi-annual inspections on this property; and Supervisor McPeak stated that apparently two years ago when Mr . Becker came before the Board the first time he had not impressed upon the Board that a permit had been issued by the County Planning Department along with a subsequent notice stating that the Department had made an error in issuing the permit , and stated that this information was not part of the awareness of the Board when the original decision was made , and stated that she was questioning the intent to which the County would act as a landlord; and Supervisor Torlakson suggested that condition number five on the conditions of approval be reworded to read as follows: 5 . If requested the County will investigate promptly any allegations of noncompliance with this permit . Board members discussed the matter , IT IS ORDERED that the appeal of Clarence A . Becker from the Board of Appeals decision on Variance Applications Nos . 1016-84 and 1017-84 to establish a third story within existing residences in the Port Costa area is GRANTED with conditions of approval as set forth in Exhibit A attached hereto and by reference incorporated herein , and this Board finds that the conditions exist here described in Ordinance Code Section 26-2.2006 and hereby ADOPTS the reasons contained in the staff' s report to support these findings . I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: PHU. t3:.TCHE' fi, Clerk of the Board GF,upesvisors and County Administrator ��GUrt eputy Orig Dept: Clerk of the Board cc: Director of Planning Public Works Director County Counsel Clarence A . Becker Daneen C . Flynn 2 J A . CONDITIONS OF APPROVAL FOR VARIANCES NO . 1016-84 Revised8-21-84) 1 . The variance is approved for a five foot wide third story section as shown on plans sumbitted to the Planning Department and dated received February 17, 1984. 2. The applicant and owners shall comply with the requirements of the Building Inspection Department . 3. The parcel (and the structure thereon) shall be used only as a "one family dwelling" (Ord .C . §82-4.258) and no apartment , duplex or additional dwelling unit use is allowed by this permit . 4 . Within 30 days of the effective date of this permit , a declaration of restrictions (in the form acceptable to the Planning Department ) shall be filed by the owners and applicant with the County Recorder indicating the existence of this variance for the subject parcel its conditions restricting use , and that they will be complied with. 5. If requested the County will investigate promptly any allegations of noncompliance with this permit . B. CONDITIONS OF APPROVAL FOR VARIANCES NO . 1017-84 Revised -8-21-84) 1 . The variance is approved for a five foot wide third story section as shown on plans submitted to the Planning Department and dated received February 17, 1984. 2. The applicant and owners shall comply with the requirements of the Building Inspection Department . 3. The parcel (and the structure thereon) shall be used only as a "one family dwelling" (Ord .C . §82-4. 258) and no apartment , duplex or additional dwelling unit use is allowed by this permit . 4. Within 30 days of the effective date of this permit , a declaration of restrictions (in the form acceptable to the Planning Department ) shall be filed by the owners and the applicant with the County Recorder indicating the existence of this variance for the subject parcel its conditions restricting use , and that they will be complied with . 5. If requested the County will investigate promptly any allegations of noncompliance with this permit . MEW IJ ti W �DV�