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BOARD OF SUPER&ORS 20-007
FROM: Victor J. Westman, County Counsel Cwtra
By: Lillian T. Fujii, Deputy County Counsel
Coosta
DATE: September 6, 1990
County
SUBJECT: Approve Settlement in Phillip E. Park v. Contra Costa
County SUBJECT:
No. C90-00826
SPECIFIC REQUESTS) OR RECOMMENDATIONS) & BACKGROUND Alm JUSTIFICATION
RECOMMENDATION•
Approve settlement in the case of Phillip E. Park v. The
Board of Supervisors of Contra Costa County, No. C90-00826, and
authorize County Counsel or his designee to execute the
stipulation for entry of judgment.
BACKGROUND:
This case challenged the Board of Supervisors' denial of
minor subdivision application No. MS 20-89, to subdivide the
petitioner's property on Wayne Avenue in Alamo into ; two
approximately 20,000 square foot lots .
The proposed settlement will be in the form of ; a stipulated
judgment providing that the petitioner shall be allowed to
subdivide his property. However, the residence to be built on
the new lot will be limited to one story (instead of up to 2 1/2
stories) , and the architectural plan must be approved by the
zoning administrator following notice to the adjoining neighbors .
The settlement also provides that the petitioner must submit a
landscaping plan to be approved by the zoning administrator
following review by the adjoining neighbors, and record a notice
of the settlement restrictions against the property: The
petitioner has also agreed to waive costs and attorney' s fees .
Two of the neighbors on Wayne Avenue had hired Ken Scheidig
to represent them. Although Mr. Scheidig is no longer involved
in the settlement process, he had reviewed the settlement
documents and had concurred with its provisions .
LTF/jh �.,.
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CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
S I GNATURE I S I.
ACTION OF BOARD ON September 18, 1990 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT III ) AND CORRECT COPY OFAN ACTION TARN
AYES; NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: County Counsel ATTESTED ,.,.1 ��� /990
Community Development PHIL BATCHELOR. CLERK OF THE BOARD OF
County Administrator SUPERVISORS AND COUNTY ADMINISTRATOR
BY ,DEPUTY
M382/7-83