HomeMy WebLinkAboutMINUTES - 10131992 - D.3 (3) V `4
D. 3
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on October 13 , 1992 by the following vote :
AYES : Supervisors Powers, Schroder, and Torlakson
NOES : Supervisors Fanden and McPeak
ABSENT: None
ABSTAIN: None
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SUBJECT: Decision on the Appeal of Mr. and Mrs . Philip Deatsch
et al from the Decision of the Contra Costa County
Planning Commission Board of Appeals on Minor
Subdivision MS 32-91, Walnut Creek Area.
On October 6, 1992 , the Board of Supervisors deferred to
this date the decision on the appeal of Mr.and Mrs . Philip
Deatsch et al from the decision of the Contra Costa County
Planning Commission as the Board of Appeals on the request of
Bruce and Angie Lindorf (applicants and owners) for approval of a
tentative map (MS 32-91) to divide 2 . 86 acres into four parcels
in the Walnut Creek area.
Supervisor Schroder commented on a meeting and requested
clarification on the outcome of the meeting.
Tom Stewart, 16 Christmas Tree Court, Walnut Creek,
commented on the meeting that had been held between the neighbors
and the Lindorffa with himself acting as the independent third
party, and he commented on the issues that had been addressed
including the preservation of the trees, traffic access and
noise, privacy and seclusion and placement of the buildings,
drainage, and architectural treatment of the buildings and the
garages . Mr. Stewart noted that an outcome of the meeting was
that the parties agreed to work together in the future as the
design goes forward and as construction occurs to minimize impact
on the community and to work cooperatively to establish solutions
that are mutually agreeable and he commented that the one
outstanding issue was the height issue .
Supervisor McPeak requested clarification on the possible
discussion of an interim height between 25 and 35 feet .
Mr. Stewart clarified that that issue was not raised with
both sides agreeing to disagree .
Supervisor Schroder advised that he had looked at the
property to find a special condition in the area that would
require the Board to reduce the height limit in the zoning
ordinance and he advised that he could not find a special
consideration to amend the ordinance . Supervisor Schroder
advised that he was prepared to make a motion to approve the
recommendations as presented by the Planning Commission and
incorporate the understandings that were achieved at the meeting
with the neighbors relative to tree preservation, the road
situation, screening and drainage, and leave the height limit at
35 feet .
Supervisor Powers seconded the motion.
Supervisor Fanden expressed concern on the height issue and
support for a compromise on the height .
Supervisor Schroder expressed that he could not find a
reason to change the height ordinance.
' The Board discussed the height limitation in the ordinance .
Mr. Barry commented on the ordinance and the height
requirement .
Supervisor McPeak expressed support for one more discussion
on the height requirement on a lot by lot basis .
Supervisor Torlakson suggested that the Zoning Administrator
be allowed to review the plans on the lots with respect to the
height with the neighbors to be notified.
Supervisor Schroder commented on Condition 4 of the
Conditions of Approval and he included the notification of the
neighbors in the motion.
Supervisor Fanden again requested a delay of one more week
to discuss the height issue and come to a consensus .
Supervisor McPeak clarified that the motion was to approve
with the modification of the information Mr. Stewart presented
and that this was, a declaration of the Board' s intent to approve
MS 32-91 as modified and including that the Zoning Administrator
in return for granting the variances that have been approved by
the motion will have the authority and right to review in
architectural design also the height of the buildings .
IT IS BY THE BOARD ORDERED that the Board DECLARES ITS
INTENT to deny the appeal of Mr. and Mrs . Philip Deatsch et al
from the decision of the Contra Costa County Planning Commission
on the request of Bruce and Angie Lindorf (applicants and owners)
for approval of a tentative map (MS 32-91) ; and DECLARES ITS
INTENT to approve MS 32-91 with amended conditions in the Walnut
Creek area; and the Community Development Department staff is
DIRECTED to prepare the appropriate documentation for Board
consideration.
1 hereby certify that this is a true and correctcopyof
an action taken and en ered on the minutes of the
Board of Sup . i the date show
ATTESTED: 3
PHIL BATC LOR,Clerk of the soard
pervi d County inistrator
By Deputy
cc : Community Development Department
County Counsel
Public Work's Department