HomeMy WebLinkAboutMINUTES - 02261991 - 2.7 2. 7
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on February 26, 1991 by the following vote:
AYES: See votes below
NOES:
ABSENT:
ABSTAIN:
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SUBJECT: Hearing On Administrative Appeal of John and Nancy
Don Konics On Issuance Of Septic Tank Permit
On February 12, 1991, the Board of Supervisors deferred to this
date the decision 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.
Chairman Powers commented that this was the time for a decision
on the above matter and that a decision granting the appeal would
overturn the permit issued by Dr. Walker and a decision not to grant
the appeal would confirm Dr. Walker's granting of a septic tank permit
with variances.
Supervisor Fanden requested that the Chair recognize Mr. Francis
Watson, attorney for the Don Konics, to present new information.
Francis Watson, Watson, Hoffe and Barbieri, 3700 Barrett Avenue,
Richmond, attorney, representing John and Nancy Don Konics, commented
on issues including the location of the septic tank and leaching
field, the lack of a variance application, and repairs, replacement,
and relocation of leach fields in the area.
Arlene Segal, McCabe, Schwartz, et al, 2300 Clayton Road, Ste.
1500 , Concord, attorney representing Dr. Howard Campbell, advised that
she had confirmed with the Health Services Department that there is no
risk to wells and with Public Works that there are no plans to expand
the road in the foreseeable future, and if there were road expansion,
it would be on the non-creek side of the road.
Supervisor Fanden moved to support the appeal of John and Nancy
Don Konics.
Supervisor Torlakson seconded the motion commenting on his
reasons for doing so and suggesting that the notification process for
variances of permits like this be looked at so that neighbors and
others can be aware of that decision making process early on in its
development.
The vote on the motion was as follows:
AYES: Supervisors Fanden and Torlakson
NOES: Supervisors Schroder, McPeak and Powers
ABSENT: None
ABSTAIN: None
The motion failed.
Supervisor Schroder moved to deny the appeal and sustain Dr.
Walker' s recommendation.
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Supervisor McPeak seconded the motion.
The vote on the motion was as follows:
AYES: Supervisors Schroder, McPeak, and Powers
NOES: Supervisors Fanden and Torlakson
ABSENT: None
ABSTAIN: None
Victor Westman, County Counsel, clarified that the motion is a
direction to staff to prepare findings and return them for Board
consideration concerning the final decision.
Chairman Powers and Supervisor Schroder concurred that the motion
was an intention to direct the preparation of findings.
IT IS BY THE BOARD ORDERED that the Administrative Appeal of John
and Nancy Don Konics is DENIED; the decision of Dr. William Walker,
Director of Environmental Health, relative to the issuance of a septic
tank permit is REAFFIRMED; and staff is REQUESTED to prepare
appropriate findings for consideration on its final decision.
I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supe o on the date shown.
ATTESTED:
PHIL BATCHELOR.CI rt of the Board
upervi tSts and Cou dministrator
Orig. Dept. : Clerk of the Board (TAVIA rI o
cc: Community Development Department BY DeOuty
Building , Inspection Department
Health Services Dept.-Dr. Walker
County Counsel
Francis A. Watson Jr.
Arlene Segal
John and Nancy Don Konics
Warren Deboer
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