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HomeMy WebLinkAboutMINUTES - 02051991 - H.1 H. 1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on February 5, 1991 by the following vote: AYES: Supervisors Fanden, McPeak, Torlakson and Powers NOES: None ABSENT: Supervisor Schroder ABSTAIN: None ------------------------------ --------------------- ----------------------------------------------- -------- -------------------------- SUBJECT: Hearing on Administrative Appeal of John and Nancy . Don Konics on Issuance of Septic Tank Permit The Board on January 15, 1991 fixed this date and time to reopen the hearing on the Administrative Appeal of- John and Nancy Don Konics on the issuance of a septic tank permit to' Warren Deboer. Francis Watson, Jr. , 3700 Barrett Avenue,. Richmond, attorney for Mr. and Mrs. Don Konics, reviewed the history of the matter in some detail. Supervisor Torlakson commented that the hearing was reopened to try to get focused testimony on the health aspect behind Dr. Walker' s decision, there being an. issue of whether that permit should . have been let. Lillian Fujii of the County Counsel' s office advised that the only issue before the Board at this time is whether the septic tank permit issued by the Health Department was validly issued. Mr. Watson declared that there was never a variance . application. The permit was simply issued by the Health Director. He further declared that Mr. Don Konics does have evidence that the lot is sliding and, in addition to being less than the number of square feet .required, the flat area where the septic tank is proposed is less than the area required for the leach fields. Dr. William Walker, Director of Environmental Health, reiterated that the only issue before the Board today is the issuance of the septic tank permit, and reviewed the reasons why the septic tank permitwas issued by the Health Department. He noted that .none of. the other. items reviewed in the history of the subject property was .before the Board today. Dr. Walkerdeclared that .he had reviewed the work of his staff and all issues related to the issuance of the permit, and that in his professional opinion, there is no threat to public health or threat to the water system or to Alhambra Creek by issuance of the subject septic system on this property. Supervisor Fanden expressed concerns with that there might be a possibility of pollution of Alhambra Creek. The Chairman declared the public hearing open, and the following persons. appeared: Warren De Boer advised that 'he was trying to build a house on the subject property. He referred to his letter, delivered to the Board yesterday, setting forth his position, commenting that he had tried to work with all the county agencies to the fullest extent possible. John Collins, 11 Pyrmont Court, Martinez, suggested that the piece of property they want to build the house on .will never be big enough because there will be a requirement to give part of it for a road. He stated that the lot is not big enough and part of the property is eroded.. Barbara Collins, 11 Pyrmont Court, Martinez, declared that the lot is too small and the leach fields would have to go on the road side, and there would be no off-street parking. She commented on various item of concern to her. Nancy Don Konics, 926 Deer Creek Drive, Martinez, . commented that the Health Department had told them that there was no need for the Flood Control to be involved, and no need for Fish and Game to be involved, she stated that there is no space for off-street parking, and she did not believe this to be a buildable lot, that the creek is unstable, and the future widening of the Alhambra Valley Road should be considered, and the septic tank is in the 22-foot setback. Phil Corvinus, 555 Escobar Street, Martinez, urged that all rules and guidelines be applied equally to all. John Don Konics, 926 Deer Creek Drive, Martinez, advised that both sides of. the creek were eroding badly at the time he was preparing to build his home, and that. the property in question was not a buildable lot, and at the time he built two houses across the street he had to meet current setbacks of 100 feet away from the creek with the septic system. He objected to the septic tank permit being renewed from a 2 bedroom, one bath house to a 4 bedroom 2 1/2 bath house. He advised that he had been told that the only way the lot is buildable is if it connects to a sewer line. Arlene Segal, McCabe, Schwartz, et al, attorney for Dr. Howard Campbell, expressed appreciation to the Board members for focusing the discussion on the septic tank issue which, she advised, is the only matter before the. Board. She reviewed the history and application of county ordinances which provide for this type of installation and which have been applied consistently. She requested that this appeal be denied,, commenting there is no basis on which to grant. the appeal and no basis on which to deny Dr. Campbell and Mr. De Boer the right to go forward. James Smyth, 19 Wanda Way, Martinez , chairman of the Alhambra .Valley Specific Plan Committee, and a member of the Board of . Directors of the Alhambra Valley Improvement Association, advised that he believed that the lot is too small to be a buildable lot. He advised that he knew of no septic tanks in the area more than 20 years old that have not had to have new drain fields or sumps built. He declared that a septic tank permit should not be granted. Board members discussed the matter among themselves and with Dr. Walker. Supervisor Torlakson advised that he would like a little more information with respect to possibility of pollution into the creek. Francis Watson rebutted some of the items that were raised during discussion. Chairman Powers advised that he would close the public hearing at this time, leaving it open for written information until Friday, February 8, . 1991 at 5 : 00 p.m. and inquired- if the Board could get a copy of the plot plan. He advised that the matter would be on the determination agenda for February 12, 19.91. Supervisor Fanden requested Dr. Walker to take a field trip with her prior to February 12, and urged other members of the Board to take a field trip and view the property. IT IS BY THE BOARD ORDERED that the public hearing is closed, but remaining open for written information until Friday, February 8, 1991 at 5 : 00 p.m. , and the matter is to be listed for decision on the Determination agenda on Feburary 12, 1991. 1 hereby certify that thle Is a true and correct'oopy of cc: Director of Health Services an sedon taken and entered on the minutes of the County Counsel Board of SupeMa on to date shown. ATTESTED: PHIL BATCHELOR,d9rk of the Board of Supewlsora and County AdmUdstrator By Deputy