HomeMy WebLinkAboutMINUTES - 04031990 - T.6 T. 6
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 3, 1990 by the following vote:
AYES: Supervisors Powers, Schroder, McPeak, Torlakson and Fanden
NOES: None
ABSENT: None
ABSTAIN: None
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SUBJECT: Hearing On Appeal Of Susan Kay Oates, Et Al On LUP 2003-89
Boshra And Beatriz Athanasios, In The Walnut Creek Area.
This is the time heretofore noticed by the Clerk of the Board of
Supervisors for hearing on the appeal by Susan Kay Oates, et al from
the decision of the Board of Appeals denying the appeal by Paul and
Ruth King, et al from the decision of the Zoning Administrator
approving the request of Boshra and Beatriz Athanasios (applicants and
owners) for the conversion of a partially completed structure
originally intended to be an accessory dwelling into a second dwelling
unit for family use in the Walnut Creek area.
Mary Fleming, Community Development Department, presented the
staff report, describing the site and the requested land use permit.
She also advised that the project meets the zoning requirements for a
second unit. She described the proposed project discussing issues
including parking and she gave a brief history of the appeal before
the Board today. She advised of the staff recommendation that the
Board reaffirm the action of the Zoning Administrator and the Planning
Commission and approve the project or alternatively grant the appeal
to deny the permit.
The public hearing was opened and the following persons appeared
to speak:
Boshra Athanasios, 73 Rider Court, Walnut Creek, applicant/owner,
presented reasons for his requested land use permit.
Susan Oates, 25 Rider Court, Walnut Creek, appellant, spoke in
opposition to the land use permit, presenting photos and a petition
(not given to the Clerk) .
Robert Schneider, 61 Rider Court, Walnut Creek, spoke in
opposition to the land use permit, and spoke on issues including
parking spaces, emergency vehicle access, and preservation of an oak
tree.
Harry Andrews, 37 Rider Court, Walnut Creek, spoke spoke in favor
of single family dwellings in the area and commented on the
preservation of the oak tree on the subject property.
The Chair read cards .from the following people who submitted
cards but did not wish to speak:
Paul King, 60 Rider Court, Walnut Creek, in opposition to the
Land Use Permit.
Kristen Jonsson, 12 Rider Court, Walnut Creek, opposed to the
second unit.
Judith and Pierre LeBris, 48 Rider Court, Walnut Creek, strongly
against the conversion at 73 Rider Court, and submitted a letter in
opposition.
\ Baktor Anthanasios, 482 Lisa Ann Street, West Pittsburg, spoke in
favor of the Land Use Permit.
Jay R. Marchus, 1273 Juanita Drive, Walnut Creek, spoke in favor
of the conversion.
Karen Stringfellow, 2016 Oakmont Way, #4, Walnut Creek, spoke on
possible discrimination.
Marlis Gilbert, 23 Heritage Oaks Road, Pleasant Hill, spoke in
opposition to the appeal.
Reda Shafik, 343 Walnut Street, San Francisco, submitted a card
in opposition to the appeal but did not wish to speak.
Magda Bedros, 3823 Chatworth, Pittsburg, submitted a card in
opposition to the appeal, but did not wish to speak.
Mrs. Margarita Marchus, 1273 Juanita Drive, Walnut Creek,
submitted a card in favor of the conversion, but did not wish to
speak.
Lawrence Oates, 25 Rider Court, Walnut Creek, spoke in opposition
to the Land Use Permit.
Mr. Athanasios spoke in rebuttal.
The public hearing was closed.
Supervisor Schroder commended the applicant for his desire to
take care of his parents. He also commented on issues including the
Second Unit Ordinance, the topography of the area concerned, and he
recommended deferring the decision for two weeks to address concerns
raised today including the property taxes, the parking and the
setback, the safety of the oak tree, fire safety, the integrity of the
area, and findings required by the second unit ordinance.
Supervisor Powers seconded the motion and commented on the issues
including the property tax, the lack of impact on the neighborhood,
and indicated support for the proposal.
Supervisor Fanden also indicated support for the Athanasios
proposal.
Supervisor McPeak commented on the CC&R' s for the subdivision and
requested staff to address from the legal perspective if the Board has
the ability to approve because of the ordinance even if there are
CC&R' s and also that staff address the possibility of a deed
restriction that the second unit when sold could only be used for a
residential purpose.
IT IS BY THE BOARD ORDERED that the decision on the above matter
is DEFERRED to the April 17, 1990 Determination Calendar; and
Community Development Department is REQUESTED to respond to .concerns
raised today.
1 hereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of the
Board of Su sors on the date shown,
cc : Community Development ATTESTED:
County CounSel PHIL A HELOH,Clerk of the Board
I Super-,O(rs,
and Coun Administrator
LJ
By ,DeoutY