HomeMy WebLinkAboutMINUTES - 04241984 - T.3 I
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY9 CALIFORNIA
Adopted this Order on April 24 , 1984 by Owe tollosAnQ vote:
AYES: Supervisors Powers, Fanden, Torlakson
NOES: None
ABSENT: Supervisors Schroder, McPeak
ABSTAIN: None
SUBJECT:
Appeal of the Board bf Appeals Decision )
of Variance Application #1067-83 for )
Side and Rear Yard Variances for a }
Residence in the El Cerrito Area. )
The Board on February 21, 1984, considered at public hearing the appeal of Maurice and
Marlana Woulf from the Board of Appeals decision of Variance Application #1067-83 of Robin
Lynn Goepfert, for sideyard and rearyard variances for a residence, in the El Cerrito area, and
After hearing from those in support and in opposition to the variance application, the Board
deferred decision in the matter to March 6, 1984, and that the hearing would remain open for
written testimony until February 28, 1984, and
The Board on March 6, 1984, having considered the matter declared its intent to grant the
appeal in part, approving the sideyard variance and denial of the rearyard variance and that the
partial second story addition on the existing building at the rear of the property be removed and
that an affidavit be filed with the County Recorder indicating that all yard requirements will be
complied with, and any existing noncompliance on the property will be corrected, and deferred
the matter to March 20, 1984, for preparation of the necessary documents to that effect, and
The Board of Supervisors hereby grants the appeal in part, approving the sideyard variance
and denial of the rearyard variance with conditions, Exhibit A attached. This decision is based
on findings that:
1. The proposed sideyard variance is not inconsistent with the limitations on other properties
in the vicinity and would not constitute a grant of special privilege. It would be compatible
with the property at the common side property line.
2. Because of circumstances applicable to the property because of topography and size, the
strict application of zoning regulations deprives the property of rights enjoyed by other
properties in the vicinity.
3. The sideyard variance substantially meets the intent and purpose of the land use district in
which the property is located.
4. The requested rearyard variance for a partial second floor addition would add to a
nonconforming rearyard inconsistent with development in the area. It does'not meet the
intent to provide for rearyard area and is an unwarranted intrusion to the adjacent
property.
hereby cartIty that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: gaa4Z
J.R. OLSSON, COUN I Y CLERK
•8W ex officio Clerk of the Board
Orig. Dept: •Clerk of the Board y , Deputy
CC: Director of Planning
Public Works Director
County Clerk-Recorder
County counsel
Robin Lynn Goepfert 00 148
Maurice & Marlana Woulf
4
EXHIBIT A
CONDITIONS OF APPROVAL FOR VARIANCE 1067-83:
1. The permit is granted per plans submitted with the application dated received by the
Planning Department August 31, 1983, subject to the conditions listed below.
2. The permit is granted for not less than 2.22 foot sideyard for the two-story building
under construction (building permit #A 100553). The request for a 2.5 foot rearyard
variance for the second story addition to the existing building at the rear of the
property is not approved.
3. Prior to occupancy of the two-story building under construction (Building Permit #A-
100553) the second story addition to the existing building at the rear of the property
shall be completely removed with the roof replaced similar to its original condition
and the building shall be maintained as a single story structure. Compliance with this
condition shall be determined by the Zoning Administrator.
4. There shall be one single family residence on the property. The building at the rear
of the property may be maintained as an 'accessory building, with existing sideyard
and rearyard areas, upon completion of the two-story building (Building Permit #A
100553), subject to the following:
A. The fence/walls of the courtyard area connecting the two buildings, shall have a
maximum height of 6 feet above finished grade, and the courtyard area shall be
open to the sky.
B. Prior to occupancy of the two-story building (Building Permit #A 100553) the
kitchen facilities shall be removed from the existing building at the rear of the
property.
5. The trellis structure at the deck at the southeast rear corner of the property shall be
removed or corrected to have a side and rearyard distance of not less than 3 feet,
measured from the property lines to the supporting posts.
6. Upon completion of the above conditions, the existing buildings and structures on the
property will be in compliance with the zoning requirements of the Single Family
Residential District (R-6). Any additional structures on the property shall conform to
ordinance requirements.
7.- Within 30 days of the effective date of this permit a document (in the form
acceptable to the Planning Department) shall be filed with the County Recorder
indicating that all yard requirements will be complied with, that any illegal
noncompliance use on the property will be corrected and that legal non-conforming
uses exist on the property. A copy of the recorded document shall be submitted to
the Planning Department.
8. Prior to the occupancy of the two-story building (Building Permit #A 100553) all the
above conditions, #1 through #7, shall be fulfilled subject to verification by the
Zoning Administrator.
9. Comply with the requirements of the Building Inspection Department.
10. The sideyard variance shall not be effective until Condition #3 above has been fully
complied with.
00 149