Loading...
HomeMy WebLinkAboutMINUTES - 06231992 - H.4 H.4 TO: BOARD OF SUPERVISORS t�;ontra Costa FROM: HARVEY E. BRAGDON ; County DIRECTOR OF COMMUNITY DEVELOPMENT �;, `y DATE: June 10, 1992 s�'��coU ir't SUBJECT: An appeal by the Bethel Island Municipal Improvement District (BIMID) of the East County Regional Planning Commission Approval of a Caretaker Mobilehome. Dan Rent (Applicant) - Richard Rent (Owner) (County File #2061-91) in the Bethel Island Area. SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Uphold the East County Regional Planning Commission's approval of a caretaker mobilehome County File 32061-91 and deny the appeal by the Bethel Island Municipal Improvement District (BIMID) . 2. Alternatively, grant the appeal of the Bethel Island Municipal Improvement District (BIMID) to deny the request to establish a caretaker mobilehome, County File 2061-91. A. Direct staff to prepare findings and set date for adoption of same. FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS This is renewal of previous Land Use Permit 2059-86 issued August 15, 1986, of the same request for a caretaker mobilehome for animals on the 7 acre property. This renewal under County File #2061-91 was denied by the Zoning Administrator and appealed by the applicant. The East County Regional Planning Commission granted the appeal and approved the land use permit. This decision has been appealed by the Bethel Island Municipal Improvement District (BIMID) . A. Zoning Administrator: Land Use permit application #2061- 91 was denied by the Zoning Administrator November 18, 1991, as recommended by staff for the following reasons: (1) noncompliance with the Ordinance Code requirements that there is a need to protect possessions of substantive values, (2) non-compliance with the Flood Management Ordinance including FEMA requirements. The denial was appealed by the applicant. B. East County Regional Planning Commission Board of Appeals: On March 9, 1992 the appeal was granted and Land Use Permit #2061-91 was approved by the Planning Commission. (1) The use was previously established by prior permit #2058-86 and the use is considered grandfathered, in that it is agriculture use. (2) Compliance with FEMA is not required since the use was approved and established in 1987 prior to the Flood Plain Ordinance requirements of 1990. C. BIMID Appeal: The Bethel Island Municipal Improvement District appeal contends that there is not a legitimate need for a caretaker (1) the permit was originally granted for a caretaker for goats and no goats have ever appeared on the property, (2) the structure does not meet the Flood Plain Standards. D. Land Use Permit Application #2061-91: The application filed July 14 , 1991 is a request for renewal to have a caretaker mobilehome to protect horses and chickens. The staff review at the time of the Zoning Administrator's action indicted there were two horses and a' minimal number of chickens on the property which did not justify the need for a caretaker mobilehome. 1 . In addition, the proposal is in non-compliance with the requirements of the Federal Emergency Management Agency (FEMA) per the County Flood Plain Management Ordinance (Ord. No. 90-118) , including the provision that the mobilehome "be elevated on a .permanent foundation at or above base flood elevation plus required freeboard" . This would elevate the trailer 15 to 20 feet above existing grade of the site. If the mobilehome is placed on a permanent foundation it then becomes a permanent residence on the property and the temporary mobilehome land use permit #2061-91 is not needed and could be withdrawn. If the mobilehome is not elevated 15+ feet above ground level, a variance to the Flood Plain Management Ordinance would be required. No variance has been requested. The County has not approved any variance to the Flood Plain Ordinance requirements which may be difficult because of the extensive findings required by that Ordinance. CONTINUED ON ATTACHMENT: X YES SIGNATURE U \' RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMI E APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON Tin 23 , 1992 APPROVED AS RECOMMENDED _x OTHER _x On June 16, 1992, the Board of Supervisors continued to this date the hearing on the appeal of the Bethel Island Municipal Improvement District from the decision of the East County Regional Planning Commission to approve the request of Dan Kent (applicant) and Richard Kent (owner) to establish a caretaker mobilehome (LUP 2061-91) in the Bethel Island area. Dennis Barry, Community Development Department, presented the staff report on the appeal before the Board and he presented a brief history of the Land Use Permit application. Mr. Barry commented on the two recommendations for Board consideration, one, to uphold the Planning Commission' s decision and approve the mobilehome permit, and two, to grant the appeal and deny the Land Use Permit. The public hearing was opened and the following persons appeared to speak: Howard Holmes, Box 346, Bethel Island, representing the Bethel Island Municipal Improvement District, presented grounds for the appeal and commented on issues including the applicant' s property on Stone Road being in violation of the proper use and he requested that the Board deny the land use permit and instruct staff to abate the nuisances that exist on the property and investigate the Stone Road property which had been reported to the County several months ago by the Bethel Island Pride Committee. Daniel A. Kent, P.O. Box 423, Bethel Island, spoke in support of granting the land use permit and presented a brief history of his attempts to obtain the permit. The public hearing was closed. Supervisor Torlakson commented on the Bethel Island Pride Committee and their concerns about the violations of floodplain standards and the potential of the island losing the floodplain insurance because of a number of violations that exist, and he moved to adopt recommendation two and direct staff to prepare the findings to grant the appeal of the Bethel Island Municipal Improvement District and deny the caretaker permit and he further moved to have staff look at whatever abatement is necessary on the existing structure in terms of the construction around the mobilehome and to have staff look at the Stone Road property. 2 . IT IS BY THE BOARD ORDERED that recommendation 2 is APPROVED; and the Building Inspection Department is DIRECTED to take appropriate steps to abate the permanent structure over the mobile home as well as review possible code violations on other properties owned by Mr. Kent on Stone Road. VOTE -OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT II & IV TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: Community Development Department ATTESTED June 23 , 1992 cc: Public Works PHIL BATCHELOR, CLERK OF Dan Kent THE BOARD OF SUPERVISORS BIMIDAN COUNT MINISTRATOR BY ° , DEPUTY 3.