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HomeMy WebLinkAboutMINUTES - 12031991 - H.14 H. 14 TO: BOARD OF SUPERVISORS Harvey E. Bragdon, Director of Community Developme --_ FSO"'° Franklin Lew, Director of Building Inspection -. '-- • Cont ra November 21, 1991 DATE'. �.. Administrative Appeal by Robert Pelta, et al, on D of`twt SUBJECT: Community Development Department Granting a Permit to Patrick Geoghegan to Build a Single Family Home on Clement Avenue in San Pablo SPECIFIC REQUEST(S) OR RECOMMENDATION(S) 8c BACKGROUND AND JUSTIFICATION RECOMMENDATION Deny the appeal by Robert Pelta, et al, of the decision made by the Community Development Department, Planning and Zoning Division, to grant a building permit (#174411) to Patrick Geoghegan to build a single family home on Clement Avenue in San Pablo on a lot designated by the county as APN #419-092-013 . BACKGROUND/REASONS FOR RECOMMENDATION On May 15, 1911 a subdivision known as Jennings East Richmond Terrace was recorded. Lot #7 of Block #4 is a part of the recorded subdivision. On July 8, 1991 Mr. Patrick Geoghegan purchased Lot #7 along with adjoining Lots #8 to #11. On October 25, 1991 Building Permit #174411 was issued to Mr. Geoghegan for a residence. We have since received an appeal to the issuance of that building permit in the form of a petition executed on October 30, 1991 and signed by 22 nearby property owners. We have been advised by County Counsel that the lots in question have not merged. Additionally, staff determined that the building as proposed did not violate any provision of the applicable zoning ordinance (setbacks, sideyards, rearyard, height, etc. ) . Moreover, the plans were reviewed and found in compliance with the applicable building regulations, by the Building Inspection Department. Therefore, we have determined that the building permit was properly issued. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE f S : ACTION OF BOARD ON December 3 . 1991 APPROVED AS RECOMMENDED OTHER This is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the administrative appeal by Robert Pelta, et al from the decision of the Community Development Department, Planning and Zoning Division, to grant a building permit #174411 to Patrick Geoghegan to build a single family home on Clement Avenue in San Pablo on a lot designated by the County as APN#419-092-013. Dennis Barry, Community Development Department, presented the staff report on the background of the issuance of the building permit and he recommended that the Board deny the appeal. Chairman Powers shared with the other Board members a card from Carolyn A. Stoltzpus, 1608 Beau Rivage, San Pablo, urging the Board to reconsider the decision to grant a permit to Mr. Geoghegan. The following persons appeared to testify: Robert Pelta, 1543 Beau Rivage, San Pablo, spoke in opposition to the issuance of the permit. Mark Thorman, 5924 Rose Arbor, San Pablo, spoke in opposition to the issuance of the permit. Giovanna Sensi-Isolani, 5926 Clement Avenue, San Pablo, East Richmond Terrace Neighbors, spoke on concerns including potential for fire danger or earthquake, crowding, and the application of the Alquist Priolo Act to this proposal. Linda Sindelar, 1608 Beau Rivage, San Pablo, East Richmond Terrace Neighborhood Association, spoke in opposition to Mr. .Geoghegan' s development plans. Rob Harold, 5934 Clement Avenue, San Pablo, East Richmond Terrace Neighbors, spoke in opposition to the issuance of the permit. Juanita Ruther, 5912 Golden Gate Avenue, San Pablo, East Richmond Terrace Neighborhood Assn. , spoke in opposition to the permit. Nannie Turrell, 5934 Clement Avenue, San Pablo, East Richmond Terrace Neighborhood, spoke in opposition to the issuance of the permit. Jennifer Rubens, 1619 Beau Rivage, San Pablo, spoke in opposition to the permit. Kate Partridge, 5920 Golden Gate Avenue, San Pablo, spoke in opposition to the proposal. } r Allan Moore, Gagen, McCoy, McMahon and Armstrong, 279 Front Street, Danville, representing Pat and Marie Geoghegan, spoke in support of the permit, and expressed that the owner would continue to work with the neighbors. Patrick Geoghegan, 115 Hardie Drive, Moraga, spoke in support of his proposal. Supervisor Powers requested clarification from staff on the application of the Alquist Priolo Earthquake Hazard Zone. Dennis Barry responded that this application was exempt from that requirement. ` Supervisor Powers requested clarification on the set back requirements for a single building and the application in this case. Dennis Barry commented on a section in the code dealing with lots that are of small width and frontage. Supervisor Powers requested clarification on parking .requirements for off-street parking. Mr. Barry responded that subdivisions recorded before 1973 required one parking space off street per lot. Supervisor Powers requested what type of roofing materials were going to be used. The applicant responded. Supervisor Powers advised that there was no way to stop this building permit or the building permits on this subdivision. The Board discussed the matter. Supervisor Powers moved to deny the appeal.