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HomeMy WebLinkAboutMINUTES - 08131996 - D14 D. 14 . Contra .. ., TO: BOARD OF SUPERVISORS Costa County FROM: Harvey E. Bragdon, Community Development Director: DATE: August 13, 1996 SUBJECT: APPEAL BY LLOYD TYLER, COUNTY FILE #VR951039, OF THE COUNTY PLANNING COMMISSION DECISION TODENY A VARIANCE REQUEST TO ESTABLISH A SIX (6) FOOT FRONT YARD SETBACK FOR OFF-STREET PARKING SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Staff recommends that the Board of Supervisors find the environmental documentation prepared for this project as adequate. 2. Deny the appeal of the applicant, Lloyd Tyler, and uphold the decision of the County Planning Commission. 3. Adopt the findings contained in Resolution 14-1996 as the basis for the Board's action. BACKGROUND/REASONS FOR RECOMMENDATIONS The applicant is requesting approval to establish a 6 foot front yard setback (where 20 feet is required) for off-street parking in order to convert an existing one-car garage into a bedroom and bathroom. Additional background on this development proposal is contained in the staff report, dated June 2.5, 1996, to the County Planning Commission as well as the staff report that was prepared for the May 20, 1996 Zoning Administrator hearing. 4 CONTINUED ON ATTACHMENT: x YES SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON August 13 , 1996 APPROVED AS RECOMMENDED x OTHER_ See Addendum for Board hearing and action. VOTE OF BOARD MEMBERS I HEREBY CERTIFY THAT THIS IS A -��UNANIMOUS (ABSENT I I , V ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: ELIZABETH DUNN 335-1252 Orig: Community Development ATTESTED August 13 , 1996 cc: Public Works PHIL BATCHELOR, CLERK OF THE Lloyd Tyler BOARD OF SUPERVISORS AND Better Government Ordinance COUNTY ADMINISTRATOR BY , DEPUTY 2 At its June 25, 1996 hearing, the County Planning Commission took public testimony from the applicant who stated that he would incur financial hardship by using either of staff's suggested alternatives to his proposal to create a bedroom and bathroom addition within an existing one-car garage as stated in his appeal letter, dated May 29, 1996, to the County Planning Commission. These options are to either permanently relocate the existing parking area to the south side of the residence or create a full second story addition to the house. Upon closing the June 25, 1996 hearing, the County Planning Commission unanimously reaffirmed the Zoning Administrator's decision of May 20, 1996 to deny the variance request for a six (6) foot front yard setback. There was no evidence presented by the applicant to the County Planning Commission that points out any physical constraints that exist on the property, such as size, shape, topography, location or surroundings, which would necessitate the approval of the variance. Failure to present this type of information shall result in a denial. To approve a variance without relying upon this type of evidence would result in a grant of special privilege to the applicant. APPEAL LETTER FROM LLOYD TYLER TO THE BOARD OF SUPERVISORS DATED JULY 3. 1996 In his appeal letter to the Board of Supervisors, dated July 3, 1996, the applicant states that: 1) the present 22' x 25' concrete driveway that can accommodate two cars provides more off-street parking and has a greater front yard setback than other homes in the area; 2) for the county to allow variances to the majority of houses in the immediate neighborhood with less than a 20 foot front yard setback and to deny this request is unfair, arbitrary and a denial of due process and equal protection under the 14th Amendment, 3)the current location of the driveway is appropriate as it is adjacent to the driveway of the house to the north the applicant's residence; 4)the garden on the south side of the house should not be destroyed by constructing a new single car driveway merely to accommodate the 20 foot setback rule which has many exceptions in this neighborhood. To ruin the garden would impair the beauty of the garden and have a negative environmental impact on the neighbor's garden and view. 5)the financial value of both houses would be impaired as well by relocating the off-street parking to the south side of the residence. ANALYSIS OF APPEAL POINTS In response to item 91, by the applicant's own admission at the May 20, 1996 Zoning Administrator's hearing, the established 22' x' 25' concrete driveway is within the 20 foot front setback and does not comply with this established front yard setback for the R-6 Single Family Residential zoning district. In response to items #2 - 5, the applicant has submitted a variance request as it relates to his desire to provide sufficient living space for three tenants that comprise a household within this rental property. The sole issue before the Board of Supervisors is the request to vary the development standards of the R-6 zoning district as they apply to this property, not the tenancy or familial relationships within this household. Once this request was submitted, the proposal was then reviewed and analyzed against the current ordinance provisions and legislation which guide development within unincorporated Contra Costa County. The finding provisions that must be met before a variance can be approved, as described in Section 26-2.2006 of the Zoning Ordinance, state: 1) that any variance shall not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and the respective land use district in which the subject property is located; 2) the because of special circumstances applicable to the subject property because of its size, shape, topography, location or surroundings, the strict application of the respective zoning regulations is found to deprive the subject property rights enjoyed by other properties in the vicinity within the identical land use district; 3 3) that any variance authorized shall meet the intent and purpose of the respective land use district in with the subject property is located. Failure to find shall result in a denial. At the May 20, 1996 Zoning Administrator hearing, the project was denied as it was determined that there were no special circumstances that exist on the property that relate to either the shape or topography that would lead to the approval of the variance. At the June 25, 1996 hearing, the County Planning Commission unanimously reaffirmed the Zoning Administrator's decision of May 20, 1996 to deny the variance request for a six (6) foot front yard setback. As stated earlier, there was no evidence presented by the applicant to the County Planning Commission that point out any physical constraints that exist on the property, such as size, shape, topography, location or surroundings, which would necessitate the approval of the variance. Failure to present this type of information shall result in a denial. To approve a variance without relying upon this type of evidence would result in a grant of special privilege to the applicant. APPLICANT'S DESIGN ALTERNATIVE As stated in the June 25, 1996 staff report to the County Planning Commission, one option to completing the garage conversion at its current location is to permanently relocate the off-street parking to the south side of the house where a garden-like area now exists. This would require creating another curb cut at this location and rendering the existing curb cut and access to the garage useless. As the only portion of the residence that has a second story addition is over the garage, another option would be to complete the second story addition to the residence with the bedroom and bathroom at this location. BOARD OF SUPERVISORS ALTERNATIVE TO STAFF RECOMMENDATION Should the Board of Supervisors find that sufficient evidence exists to approve the six (6) foot front yard setback as requested by the applicant, the Conditions of Approval attached to the June 25, 1996 County Planning Commission shall apply to the project. ED\ c:\data\wp60\cp2\var\tyler.bos ADDENDUM TO ITEM D. 14 AUGUST 13 , 1996 This is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the appeal by Lloyd Tyler (appellant, applicant, and owner) from the decision of the Contra Costa County Planning Commission on the application (County File #1039-95VR) to establish a 6 foot front yard setback (where 20 feet is required) for off-street parking in order to covert an existing garage into a living room and bathroom in the East Richmond Heights area. Robert Drake, Community Development Department, presented the staff report on the appeal, describing the location of the property, and the proposed conversion. Mr. Drake spoke on the history of the appeal and the decisions of the Zoning Administrator and the Contra Costa County Planning Commission and he presented the staff recommendation that the Planning Commission decision be sustained by the Board of Supervisors . Mr. Drake 'also advised the Board of a possible alternative design available to the applicant . The Chair opened the public hearing and the following persons presented testimony: Lloyd Tyler, 1851 San Pedro Avenue, Berkeley, . appellant/applicant/owner, spoke in support of his appeal and presented pictures and he requested that the Board reverse the decision of the Planning Commission. Suzanne Stoddard, 6201 Bernhard Avenue, Richmond, spoke in opposition to the appeal, commenting on issues including parking, the residence becoming a triplex, and maintaining a single family residence neighborhood. Lindsey Jennings, 6176 Bernhard Avenue, Richmond, presented graphs and spoke in opposition to the variance on issues including parking, a tenant living in the garage, and she presented pictures of a purported dangerous gate that Mr. Tyler had erected. Mr. Tyler spoke in rebuttal . The public hearing was closed. Supervisor Rogers commented on the zoning code and the eforcement of the code, and he moved approval of the staff recommendation to sustain the decision of the Contra Costa County Planning Commission. Supervisor Bishop seconded the motion. IT IS BY THE BOARD ORDERED that recommendations 1, 2 , and 3 are APPROVED. RESOLUTION NO. 14-1996 RESOLUTION OF THE PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING FINDINGS AND RECOMMENDATIONS OF VARIANCE #95-1039, LLOYD TYLER (APPLICANT AND OWNER), FOR THE EAST RICHMOND HEIGHTS AREA OF SAID COUNTY. WHEREAS, a request by LLOYD TYLER (Applicant and Owner), Variance Permit #95- 1039, to establish a 6 foot front yard setback (where 20 feet is required) for off-street parking in order to convert an existing garage into a living room and bathroom, was received by the Community Development Department on November 8_1995; and WHEREAS, a Categorical Exemption was completed for this application on February 8, 1996; and WHEREAS, after notice thereof having been lawfully given, a public hearing was scheduled before the County Planning Commission for June 25, 1996, whereat all persons interested therein might appear and be heard, and WHEREAS, on June 25, 1996, this application was reviewed by the Planning Commission with extensive testimony given by citizens of the immediate and surrounding area; and WHEREAS, the County Planning Commission CLOSED the public hearing and after having fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter, and NOW, THEREFORE, BE IT RESOLVED that the County Planning Commission DENIED Variance Permit application #95-1039; and __ BE IT FURTHER RESOLVED the reason for this recommendation is that the applicant had not met the burden of proof to support the findings required by the Zoning Ordinance, Section 26- 2.2006 (variance permit standards). The foregoing motion was made by the Planning Commission on Tuesday, June 25, 1996 with the following vote of the Commission: AYES: Commissioners Clark, Pavlinec, Terrell, Wong, Hanecak, Gaddis, Strauss NOES: Commissioners - None. ABSENT: Commissioners - None. ABSTAIN: Commissioners - None BE IT FURTHER RESOLVED that on July 3, 1996, Lloyd Tyler appealed the County Planning Commission's decision to the Board of Supervisors for public hearing and determination. ATTEST,,,, L.��� I &� (If ARVEY E. BRAGDON - Secr ary, Planning Commission -Contra Co a County - State of California CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor- North Wing, McBrien Administration Building Martinez, CA 94553-0095 Telephone: (510) 335-1252 Contact Person: ELIZABETH DUNN Project Description, Common Name (if any) and Location: I I QYD TYLER (Applicant& Owner), County File #VR951039: The applicant requests approval to establish a 6 foot front yard setback(where 20 feet is required) for off-street parking in order to convert an existing garage into a living room and bathroom. Subject site fronts for approximately 89 feet on the east side of Bernhard Avenue, about 175 feet south of Crest Avenue, in the East Richmond Heights area. The site is addressed #6177 Bernhard Avenue. (R-6) (ZA: K-6) (CT 3620.00) (Parcel #418-143-029) This project is exempt from CEQA as a: Ministerial Project (Sec. 15268) Other Statutory Exemption, Section Declared Emergency (Sec. 15269(a)) General Rule of Applicability (Section 15061(b)(3)) Emergency Project (Sec. 15269(b) or (c)) XX Categorical Exemption, Class_3. Section153n3(a) for the following reason(s): This proposed residential addition falls within the range of projects identified in Section 15303, those consisting of the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title County Clerk Fee $25 Receipt #101501