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Home My WebLink AboutMINUTES - 08142007 - SD.3 �f.'T l'�'•.. TO: BOARD OF SUPERVISORS .;.� . -. .,.. ' f Contra FROM: DENNIS M. BARRY, AICP ,. r Costa COMMUNITY DEVELOPMENT' DIRECTOR County DATE: August 14, 2007 SUBJECT: Continued Hearing on an Appeal filed by Daniel Yiannikos of an Administrative Decision that Property at #3156 Gloria Terrace Court, Lafayette area, Complies with Lot Dimension Zoning Requirements — (Owner—Jason Fifield) County File #DP05-3016 (APN 166-200-019) (cont.from 7-24-2007) (Sup. Dist. II) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION Adopt a motion accepting the July 24, 2007 letter from the Appellant withdrawing his appeal. FISCAL IMPACT: None. I CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ./APPROVE - OTHER I SIGNATURE S - ACTION OF B0170 N 2' APPROVED AS RECOMMENDED OT R_ I I VOTE OF SUPERVISORS IHEREBY CERTIFY THAT THIS IS A TRUE AND C UNANIMOUS(ABSENT -zz ) CORRECT COPY, OF AN ACTION TAKEN AND AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN Contact: Bob Drake[(925)335-1214] ATTESTED JOHN CULLEN,' C K OF THE BOARD 6F cc:Community Development Dept. (orig.) SUPERVISORS AND COUNTY ADMINISTRATOR Martin Lysons, Gagen McCoy(via CDD) Edward Shaffer, Archer Norris (via CDD) Jason Fifield (via CDD) BY I DFPUTY Daniel Yiannikos (via CDD) 5'D. 3 August 14, 2007 Board of Supervisors File#DP05-3016 Page 2 BACKGROUND The Board of Supervisors initially considered this matter at its July 24, 2007 hearing. Jason Fifield, the owner of a "flag"-shaped property at 3156 Gloria Terrace Court, is attempting to replace an existing residence with a new residence. Staff reported that the County had received two appeals from neighbors on the County's processing of his project. • An appeal of a September, 2005 Tree Permit decision to allow the removal of several code- protected trees for the project (File #TP05-0002); and • An appeal of an October 2005 of an administrative decision that determined that the property in question met all of the applicable zoning criteria, and thus proposed development on this property would not be subject to the design review requirements of the Small Lot Occupancy Ordinance. A neighbor, Daniel Yiannikos,filed the appeal of the administrative decision. He is also one of several parties who appealed the tree permit decision.. The appeal of the tree permit decision must be heard and decided by the County Planning Commission. That appeal has not yet been scheduled for hearing. The appeal that is being heard by the Board of Supervisors concerns the appeal of the administrative decision concerning the property's compliance with zoning criteria. Receipt of Letter from Appellant Requesting that the Board Continue the July 24, 2007 Hearing After the hearing on the appeal of the administrative decision had been scheduled for hearing, the appellant, Daniel Yiannikos, requested that the Board continue the hearing to allow more time to consider the staff report and recommendation. At the July 24 Board hearing, no one from the public offered to testify on the matter, and the Board continued the hearing on the appeal to this date. RECEIPT OF LETTER FROM APPELLANT WITHDRAWING APPEAL In a letter dated July 24, 2007 (and received by the County on July 25, 2007), Mr. Yiannikos has withdrawn his appeal of the administrative appeal. Ina separate letter, he has also withdrawn from his participation in the appeal of the Tree Permit decision for this project. DISCUSSION The Board should accept the appellant's withdrawal of his appeal. It should be noted that the appeal of the Tree Permit decision is still active and will be scheduled for hearing before the County Planning Commission in the near future. G:\Current Plan ning\curr-plan\Board\Board Orders\dp05-3106-b.bo.doc ffv 3 f3(D 17 3 150 Gloria Terrace Court Lafayette, CA, 94549 kAj 24 July 2007 Contra Costa Countv Board of Superv.I-s(ns;r:,:,.,. J- im Clerk of the Board 4 651 Pine Street, Room 106 Martinez, CA 945533 Re: Withdrawal of Appeal (County File No. DP05-301.6) July 24, 2007 Board Hearing Honorable Chair and Members of the Board: I previously filed an appeal challenging the Community Development Department's administrative determination that the property at 3)156 Gloria Terrace Court (APN 166-200-019) owned by Marcus ("Jason") Fifield complies with zoning minimum lot dimensions based on treating Taylor Boulevard as the front of the parcel, rather than being substandard and subject to the County's small lot requirements. The Board originally scheduled a hearing on July 24 to consider my appeal, which subsequently has been continued to August 14. This is to confirm that I withdraw the appeal and no longer oppose designation of Taylor Boulevard as the front of the Fifield parcel, based on reaching a settlement with Mr. Fifield regarding his plans to develop the property. This withdrawal is predicated on Mr. Fifield ID satisfying the terms of our settlement agreement, which include in part his agreeing not to develop in a manner that would increase the size of the improvements or the amount of skyline or view blockage as seen from my property beyond that represented by the attached two pages of site plan and elevations. Sincerely yours, Daniel A. Ylannikos cc: Community Development Y0016001/580577-1 ` • n - \ \ t� b 2 0� `s```tt oa �s sx a r 1 t3 l bx� •`w OHS� �� 11. , 1 1 Pad%o UC•s ` i _ `1 ti� PoiLc" 00, ' b mm 33 t ;,' ,\ 1` , ` t` �,d t` +. '"�U7 +, `,t " 1 ,Op,b �tt\tt U(; '.r `,�`A•� •yet C \ t y 1' a+ l r• r' t^ ` Vie# , cc r qz ` D*tai t —at t 4 4 ( y ' , t t A o "�' J, �` •,t �� a bac. loo- t •,t `. �' a w 1t z.cs`c�F a� ''n c ¢iri r c a n y M , u.sem. ,i � J t y:.tc-__•_='- f " -� II ,��ii Vrc o 'a C,�•, , ,� i :��,„ 1 tol ' ��. .� fA 15 iuu tr L t it It It gg 6 ; �45?'g .r�-•'i dry c � 3�� x -y ,• t l�