HomeMy WebLinkAboutMINUTES - 04211992 - D.3 T 0: BOARD OF SUPERVISORS
Contra
Victor J. Westman, County Counsel _ +
FROM: By: Diana J. Silver, Deputy County Counsel and COSI
�; .
Franklin Lew, Director of Building Inspection `` ;
County
DATE: April 21, 1992 y
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P rr�,coUS-
SUBJECT: Denial of Appeal of Carol Baird, et al. on Building Permit #170731 -
Clayton area
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I . .RECOMMENDATION:
Deny appeal of Carol Baird, et al . on issuance of Building
Permit # 170731 - Clayton area.
II . FISCAL IMPACT: None .
III . BACKGROUND/REASONS FOR RECOMMENDATION:
The Board of Supervisors, on October 21, 1991, held a public
hearing after giving all notices required by law held on the
appeal by Carol Baird, et al . on the issuance of a building
permit to Malpass Construction Company on May 16 , 1991 for the
construction of a youth alcohol and related drug dependency
facility on a portion of Diablo Valley Ranch. The Board
continued the matter to January 21 , 1992 . On January 21 , 1992,
the Board continued the matter to March 11 , 1992 to allow hearing
and decision by the Planning Commission on related LUP 2090-91
for the same project. On March 3, 1991 the Board declared its
intent to continue the hearing to March 17 , 1992 .
On March 17 , 1992. the Board of Supervisors held further
public hearing and permitted the appellants, the proponents of
the project and the public to address the , Board regarding the
appeal .
F/ e,,*7
CONTINUED ON ATTACHMENT: 3e YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMrrrEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON April 21 , 1992
APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT I I ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: Community Development Dept . ATTESTED April 21 , 1992
Building Inspection PHIL BATCHELOR,CLERK OF THE BOARD OF
County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR
Bi-Beit Corporation
Carole Baird, et al
Ken Scheidig By OJY DEPUTY
M382 (10/88) David Goldman
Upon the close of the public hearing, the Board continued
the consideration of the appeal to its meeting of March 24 , 1992
for a decision: At that. time, the Board, having considered all
of the above, declared its intent to deny the appeal and
continued the matter to April 14 , 1992 for final decision. At
staff' s request, the Board permitted staff to reset the date for
final decision to April 21 , 1992 .
In accord with the .Board' s expressed intent and previous
staff reports , staff recommends that . the Board deny the appeal
and uphold the issuance of the building permit.' Any question .of
the propriety of the project for which the building permit was
issued has been resolved- by the granting of LUP 2090-91 to Bi-
Bett Corporation. It is unnecessary and would be meaningless to
subject Bi--Bett to further delays by requiring it to resubmit its
plans for a building permit for a project which has not changed
since the initial issuance of the permit .
IV. CONSEQUENCES OF NEGATIVE ACTION.
If the building permit appeal is not denied, the project
which the Board has declared its .intent to approve (LUP 2090-91 :
to establish a 20-bed alcohol and related drug recovery facility)
will be unnecessarily delayed.
DJS/jh:df
J-l:a:\carol.r