The URL can be used to link to this page

Home My WebLink AboutMINUTES - 08172004 - D4 TO: BOARD OF SUPERVISORS. Contra n, t FROM: DENNIS M. BARRY, AICP °"" Casty COMMUNITY DEVELOPMENT DIRECTOR . _ County GATE: August 17, 2004 SUBJECT: AN APPEAL BY JEFFREY BATT (APPLICANT AND APPELLANT)OF THE COUNTY PLANNING COMMISSION'S DECISION TO DENY A VARIANCE REQUEST TO ALLOW A STRUCTURE HEIGHT OF 44-FEET ON A PORTION OF THE RESIDENCE THAT IS CURRENTLY UNDER CONSTRUCTION AT 270 KING DRIVE IN THE UNINCORPORATED WALNUT CREEK AREA. (R-10) (ZA: P-13) (CT: 3410) (APN 238012-002). (COUNTY FILE # VR041066) (DISTRICT 11) SPECIFIC REQUEST(S) OR RECOMMENDATION IS) & BACKGROUND AND JUSTIFICATION RECOMMENDATION 1. CONTINUE the public hearing t0 September 21, 2004. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES : ACTION OF BOARD ON ; o APPROVED AS RECOMMENDED jg._OTHER _ VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND UNANIMOUS(ABSENT I° ) CORRECT COPY OF AN ACTION TAKEN AND A ES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN Contact: Catherine Kutsuris(925)335-1210 ATTESTED I__+- ' `" JOHN SWEETEN, CCK OF THE BOARD OF Original: Community Development Department SUPERVISORS AND COUNTY ADMINISTRATOR cc: Jeffrey Batt,Applicant/Appellant Saranap HOA File BY p•.. --- ,DEPUTY August 17, 2004 Board of Supervisors Fife#VR041066 Page 2 FISCAL IMPACT: None. The applicant is responsible for staff time and material costs in review of this appeal. BACKGROUND On June 19, 2004, a request was received for a variance to allow a building height of 44 feet where maximum 35 feet is allowed for a residence that was framed to the roof. The County Planning Commission heard the application on July 13,2004 and voted unanimously(6- 0)to deny the variance. On July 15, 2004 the applicant, Jeffrey Batt, appealed the County Planning Commission decision to the Board of Supervisors. The matter was to be heard on August 17, 2004. Mr. Batt has requested that the hearing be rescheduled to allow his counsel additional time to review the issues and to present information. A letter was sent to neighboring property owners informing them that the item would be continued to the September 21st hearing. PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Contra Costa I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the Principal Legal Clerk of the Contra Costa Times, a newspaper of general circulation, printed and published at 2640 Shadelands Drive in the City of Walnut Creek, County of Contra Costa, 94598. And which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Contra Costa, State of California, under the date of October 22, 1934. Case Number 19764. The notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to-wit: August 7 all in the year of 2004 1 certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek, California. On this 7 day of August, 2004 5 .................... Signature Contra CoA Times $ P 0 Box 4147 Walnut Creek, CA 94596 (925) 935-2525 Proof of Publication of: (attached is a copy of the legal advertisement that published) NOTICE OF A PUBLIC NEARING BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS ON PLANNING MATTERS UNINCORPORATED WALNUT CREEK AREA NOTICE Is hereby given that on Tuesday, August 17,2004,in the County Ad- ministration Building, 651 Pine Street, (Corner of Pine and Escobar Streets), Martinez, California, the Contra . Costa County Board oSupervisors will hold a public hearing to consider the following planning matter: An appeal of the Countyy Plannin Commission deci- sion to lieny a variance re- quest to allow a structure height of 44 feet on a por- tion of the residence that Is currently under con- struction. The project's single family residential ma toning requires a maximum 35-foot struc- ture height. The project is located a 270 King Drive in the unincorporated Wal- nut Creek area. (R-10) (ZA:P-13)(CT:3410)(Par- cel#236.012-002) The location of the subject property Is within the unln- eorporated territory of the County of Contra Costa County, State of Califor- nia, generally Identified below(a more precise de- scrlption me Y be exam- Ined in the Office of the D!- rector of Community De- velopment County Admin. istration wilding, Marti- nez,California): The location of the subject site is 270 King Drive, in the unincorporated Wal- nut Creek area.. If you challenge this mat- ter In Court, you may be limited to raising only those issues you or some- one else raised at the pub- tic hearing descrlbed at the public hearing descri- bed in this notice, or in written correspondence delivered to the County at, or prior to, the public hearing. Prior to the hearing,Com- munity Development De- partment staff will be available on Tuesday,Au- gust 17,2004,at 12:30 p.m. :n Room 108, Administra- tion Building, 651 Pine Street, Martinez, to meet with any interested par- ties in order to(1)answer questions; (2) review the hearing procedures used by the Board; (3) clarif the Issues being consldy ere d by the Board;and(4> provide an opportunity to Identify, resolve, or nar- row any differences which remain in dispute. If you wish to attend this meet- ing with staff,please call Christine Gregory, Com- munity Development De- partment, at (925> 335- 1236 by 1:00 p.m.on Mon- day, August 16, 2004 to confirm your participa- tion. Date: August 4,2004 John Sweeten,Clerk of the Board of Supervisors and County Administrator By/5/Jane Pennington, Depu Clerk Le CT 0773 Publish August 7,2004