HomeMy WebLinkAboutMINUTES - 09181990 - H.4 H. 4
f
TO: BOARD OF SUPERVISORS Contra
�- C�asta
FROM: Harvey E. Bragdon, Director of Community Devel
DATE: August 7, 1990
SUBJECT: Hearing on Appeal filed by Jeffrey and Jaci Nielsen (Applicants and
Owners) against the decision of the East County .Regional Planning
Commission denying the variance request (County Tile 01010-90) (APN
028-080-040) .
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Deny the applicant's appeal and uphold the decision of the
. East County Regional Planning Commission.
BACKGROUND/REASONS FOR RECOMMENDATIONS
This application involves an existing building (home) constructed
illegally without a building permit with . its first floor elevation
well below the flood protection requirement of the .County.
The application -for variance from the County's flood protection
requirement of 10.0 feet (above Mean Sea Level) elevation for the
first habitable floor--was made on February 6, 1990.' Prior to
making the application, the applicant had two pre-application
meetings with the staff, i.e. , in October 1989 and 'December 1989.
Each time the applicant was advised that the staff could not
recommend issuing a variance permit from flood protection
requirement for a building constructed illegally without a building
permit.
After three public hearings, the Zoning, Administrator denied the
variance request.
The applicants filed an appeal against the Zoning Administratbr's
_._. decision. The Board of Appeal. East Countv Recional Plannintl
Commission, after a public hearing denied the appeal on June 25,
1990.
Now the applicants have filed an appeal against the East County
Regional Planning Commission's decision before the Board of
Supervisors.
The staff recommends denial of the appeal for the following
reasons:
1. The Zoning Administrator denied the variance request after a
full investigation of the applicant's claims and three public
hearings.
2. The Board of Appeals denied the appeal of the Zoning
Administrator decision after conducting a public hearing and
listening to all arguments.
3. No new or additional points have been raised in this appeal
that have not been already considered by the Zoning
Administrator and the Appeal Board.
4. Approval of this variance request for an illegally constructed
home without a building permit could set a precedent likely to
encourage others to make similar requests.
CONTINUED OM ATTACEDCM: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECo�ND OF MKITTE
APPROVE OTHER
1.
SIGNATURE(S)
ACTION OF BOARD ON . September 18, 1990 APPROVED AS RECXROUMED X OTHER
On September 11, 1990, the Board of Supervisors continued to this
date the hearing on appeal of Jeff and Jaci Nielsen -from the decision
of the East County Regional Planning Commission acting as the Board of
Appeals on the request by Jeffrey Nielsen (applicant and owner) for a
variance from the County' s flood protection requirement of the first
habitable floor finished elevation of 10. 0 feet (NGVD) (County File
1010-90) , in the Bethel Island area.
Mary Fleming, Community Development Department,' presented the
staff report on the appeal before the Board for consideration today.
She commented on the staff recommendation that the Board deny the
applicant'.s appeal and uphold the decision of the East County Planning
Commission.
The public hearing was opened and the following persons appeared
to speak:
Jaci and Jeff Nielsen, P.O. Box 66, Byron, commented on history
of the property in question, and the request for the variance.
Supervisor Fanden requested clarification on various concerns
relative to the property.
Jaci and Jeff Nielsen responded to Supervisor Fanden' s questions.
Supervisor Torlakson commented on code enforcement efforts and
keeping the island in the Flood Hazard Plain Program, so that if there
is a flood the Federal Government will provide loans and aid.
Bill Martindale, Building Inspection Department, addressed the
issue of the building permit.
T. S. Khanna, Community Development Department; responded to
concerns relative to the flood plain.
Jaci Nielsen spoke in rebuttal.
The public hearing was closed.
Supervisor Torlakson moved to deny the appeal and uphold the
Planning Commission' s recommendation and the recommendation of the
Community Development. Department to not allow the variance.
Supervisor Fanden commented on reasons she would abstain
including confusion on the matter and the Nielsen' s efforts on the
property.
Therefore, IT IS BY THE BOARD ORDERED that recommendation 1 is
APPROVED.. .
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT. - ) TRUE AND CORRECT COPY OF AN
AYES: I, I V, V HOES: ACTION TAXEN AND ENTERED ON THE
ABSENT: III ABSTAIN: II MMNOTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Vcc: Community Development Dept. ARTESTED September 18, 1990
Jeffrey & Jaci Nielsen PHIL BATCHELOR, CLERK OF
County Counsel THE BOARD OF SUPERVISORS
Building Inspection COMADMINIS4=
TRATOR
BY
� DEPUTY