HomeMy WebLinkAboutMINUTES - 10241989 - T.1 T. 1
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on October 24, 1989 by the following vote:
AYES: Supervisors Powers, Fanden, Schroder, McPeak, and Torlakson
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Hearing on petition of Kensington residents relative to
construction of additional structure at 32A Sunset Drive, Kensington
This being the time set for hearing on the petition of
Charles Grant, 26 Sunset Drive, Kensington and other residents of the
Kensington area appealing the decision of the Director of Building
Inspection to issue" a building permit to John Hattam to build a second
residence at 32A Sunset Drive, Kensington.
Supervisor Powers reviewed the history of the owner' s desire
to build on this lot and on the procedure to appeal.
Mr. Bob Giese, County Director of Building Inspection,
advised that a building permit was issued for a rather large
residence, approximately 3500 square feet, that there is an existing
older building of less than 600 square feet presently on the property.
He noted that the condition under which the building permit was issued
was that the kitchen facilities be removed and the existing 600
square-foot structure would be an accessory structure to the new
residence. He commented that he had never before had the issuance of
a building permit appealed, and he did not know if there is a time
limit on appealing that.
Supervisor Powers inquired of County Counsel if there is a
time limit on appealing a building permit.
Victor J. Westman, County Counsel, advised that the appeal
must be filed within 30 days after the permit is issued. He noted
that in the present case, the question seems to be whether there is a
zoning violation occurring which would give the Building Inspector, or
the Board, the discretion to withhold the building permit because it
would otherwise allow the building to be constructed in violation of
zoning. He indicated that he had been advised that there would not be
a zoning violation if the kitchen is disabled and removed from the
other structure.
Mr. Giese stated that he believed the indication on the
plans which was put on by Community Development was that as a
condition of issuance of the building permit the kitchen in the other
structure would be disabled and removed.
Harvey Bragdon, Director of Community Development, confirmed
that the approval of the building permit was conditioned upon the
kitchen being removed from the small accessory structure, that it is
the kitchen which makes the structure a second unit, and that if the
kitchen is put back in, it becomes a zoning violation.
Chairman Torlakson opened the public hearing and invited
interested persons in the audience to express their views:
Charles Grant, 26 Sunset Drive, Kensington, speaking for
himself and local neighbors, read a prepared statement objecting to
the issuing of a building permit to John Hattam to construct a large
new residence at 32A Sunset Drive, Kensington. He urged that the
permit be retracted immediately, and that a moratorium be imposed
before material expenditures are incurred by the developer.
John Hattam, owner of the property at 32A Sunset Drive, Kensington,
declared that he felt he had the right to use the property, and
described his past attempts to get permission to build. He advised
that he had contacted the Zoning Department and had been told that
removing the kitchen sink from the existing house would make the
building an accessory building and in compliance with the Zoning
Ordinance. He noted that he had spent thousands of dollars on
trenching, drilling and placement of concrete, that he had
construction financing in place and commitments to contractors.
Supervisor Powers moved to close the public hearing and to direct
staff to pay particular attention to the concerns of the community, to
investigate the alleged violations and to immediately issue a stop
work order if there is any question at all that there is a violation
of the zoning law. He asked that the investigation commence at once
and perhaps a report come back to the Board in a couple of weeks on
the status.
Chairman Torlakson advised that he wished to add to the motion a
further direction to staff that in a matter like this where the Board
has been dealing with a land use matter on the same property, there
should be a network into the residents to alert them so they would
have timely known about the decision to issue the permit and could
timely appeal.
IT IS BY THE BOARD ORDERED THAT the hearing on the petition of
neighbors on the decision of the Director of Building Inspection to
issue a building permit for 32A Sunset Drive, Kensington, is CLOSED.
IT IS FURTHER ORDERED THAT the matter is REFERRED to the Director of
Building Inspection, the Director of Community Development and the
County Counsel for investigation of possible zoning violations and
report to the Board on November 7 , 1989 on the status of the
investigation.
IT IS FURTHER ORDERED THAT the above departments are REQUESTED to
monitor Mr. Hattam' s development of the property to assure continued
conformance with regulations.
I hereby oertity that this to a true and correct COPY Of
an action taken and entered on the minutes of the
Board Of Supervlao the data shown.
ATTESTED' _ �. y 9
PMIL BATCHELOR.Clark Of the Board
of 8upsrWelora and County AdministraWr
BY Deputy
cc: Community Development
Building Inspector
County Counsel