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HomeMy WebLinkAboutMINUTES - 12111990 - H.6 H. 6 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on December 11, 1990 by the following vote: AYES: Supervisors Powers, Schroder, Torlakson and Fanden NOES: None ABSENT: Supervisor McPeak ABSTAIN: None SUBJECT: Hearing on Administrative Appeal of John and Nancy Don Konics on Issuance of Septic Tank Permit. The Board on December 4, 1990 continued to this day and time its hearing on the appeal of John and Nancy Don Konics from the decision of W. L. Grossi of the Health Services Department and William Walker, M.D. , Director of Environmental Health, denying the appeal of John and Nancy Don Konics to the Health Services Department regarding the issuance of a septic tank permit to Warren Deboer. Vic Westman, County Counsel, reviewed for the Board the issue before it. Francis A. Watson, Jr. , 3700 Barrett Avenue, Richmond, attorney for Mr. and Mrs. Don Konics, appeared and suggested that there had been no variance issued, and there should have been a hearing if they intended to allow this septic tank permit to be granted. He referred the Board to a letter from Hal Olson, President of the Alhambra Valley Improvement Association, urging support of Don Konics ' appeal and denial of the septic tank permit. Mr. Watson thereupon urged the Board to deny the permit for a variance, and grant the appeal of John and Nancy Don Konics. John Don Konics reviewed the history of the attempts to develop and obtain permits for the subject lot. He commented that he had just completed a minor subdivision adjacent to the subject lot and he was required. to meet all current standards relating to setbacks from the creek and road, and the septic tank setbacks, and this lot does not seem to have to meet any of these. Arlene Segal, Attorney for Dr. Campbell, owner of the subject lot, commented that the word variance used in the subject matter relates to the lot area variance as that term is used in the County Code. She commented on the long history of attempts by Dr. Campbell to develop this property for a single-family residence. She reviewed the history of the septic tank permit. She commented that there has never been an issue raised with respect to a health risk or environmental risk with respect to the septic tank, and that the only opposition is that of the Don Konics suggesting that the septic tank could pose a danger to waters of Alhambra Creek. She noted that the Health Department had applied the applicable code section in con- sidering the site and the setback issues. She also questioned the code section that the Don Konics were attempting to have enforced in this case, noting that the Health Department had never applied that code section the way that the Don Konics are suggesting it be applied. Francis Watson rebutted the presentation of Attorney Segal. Dr. William Walker, Director of Environmental Health, clarified that no one had ever turned down a septic tank permit on this property. He noted that there had been actions in which the Board participated in the 1970 ' s', but that had nothing to do with the septic tank. The original septic tank was approved on May 23, 1968 with subsequent renewals on May 18 , 1983 , May 25 , 1984 and October 7 , J" 1987, and that in each of those cases the previous proposed site plan was reviewed and the property was again reviewed and it was determined that there is and was, in fact, adequate room for a septic tank. He further noted that when this issue came up again this year on June 1, 1990, he had made sure that the experts in his department who had the most experience in land use, including Jim Blake with some 25 years of experience in the Alhambra Valley, and Bill Grossi with some 30 years experience, actually did the hands on work in reviewing this application, and that Mr. Blake in fact reviewed the plot plan and actually asked for and received some increased strengthening of the proposed septic tank system. Dr. Walker noted there were many older systems in the area, many of them having been improved with the same kind of requirements that are being imposed upon this system, and that there has never been a septic system failure along the creek, nor creek contamination, and in the best professional judgement of the people with the most experience in his department, this septic system can meet all existing requirements and will not fail with contamination of the creek. He commented that the issues that have been raised with regard to turning down applications never had anything to do with the septic tank. He advised that a hearing was held in his office at which point he had reviewed all of the history of all the previous cases, and determined that decisions of his inspectors were appropriate, and therefore he upheld the decision to grant the septic tank permit. The public hearing was closed. Supervisor Fanden noted that although she would like to conclude this matter today, she could not, because there were some legal questions she would like to discuss with County Counsel, and therefore she would ask that the decision be deferred to a later date. Good cause appearing therefore, IT IS BY THE BOARD ORDERED THAT decision on this matter is DEFERRED to the January 15, 1991 determination agenda. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervis on the date shown. ATTESTED: J_��i-C'� //' /f!-0 PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator cc: Director of Environmental Health County Counsel By County Administrator