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002-040-016
I�4aU M'.—Cooper (item determined to be categorically exempt from e environmental review) Variance to the required side yard setback to allow a storage shed 18 from property line instead of the required 5 ft, on, property zoned R-1 (Residential) located at 1785 estates Way, approximately 500 feet north of Earl Avenue, identified as AP# 002-040- 0316, Chico. (TL) (VIDEO) The Commission waived the reading of the Staff Findings. A video of the site was shown. The hearing was opened to the public: Mary Cooper, applicant, said that she was sold this property in 1983 not knowing there were violations on the property. She said her children have used the 'building for sleeping purposes, but now they are gone away to school and they would like to use the building as a' storage shed. ,Bill i'✓,icQuire, 1789 Estates Drives, 5,a.id the structure is on his property line and ,during the time that Mary has raised her fk:it'aily, their privacy has been invaded by'the' neighbors having a pool house with sunbathing on top of the building. He discussed future risks of having the building occupied. He said there is a pool filter structure located on the property line and he would like that structure discussed 'also. Commissioner Sessions said it sounds. like the dispute is between neighbors and tliz moving of the structure would not effect the dispute. Q t,.,.. The problems be that much different? feet would the he Commtifrsion asked Mr. Mc Quire if the structure was moved 3-1/2 Mr. McQiuire said the structure would not be buildable. Dan Sours, resilient of 1785 Estates Way, said if the variance is not granted, the building will be reduced by 3-1/2 ft, and all the concerns our neighbor has expressed will still be present. He said the pool pump structure is not on the property lime. He said the things our neighbor was concerned with is where the the were at home. He said the kids ,are grown up and have moved away, The hearing was closed to thep ublic: Chairman Lynch said there is no other place to relocate the 'building, Commissioner Nelson asked staff how Bard is it to take a variance away if it is abused. �' �]�����1��S,E'�U�`'�xy' ��,4,�'�;�'a CCI�NI���xCtl.`�"M ' '� ��xra� �.1,; � t .• _ . Staff said that is not possible, he said if the Commission makes the findings that there are �pecial circumstances on than property you can not change. He said the condition states that it is for storage only, the neighbor could report if the use changes. Commissioner Ferguson said this is like the hearing with the garage that no one complained about, and the Commission asked them to tear it down.'' Chairman Lynch said there was a record of non-compliance, he said here the property was sold without disclosure of the problem. Commissioner Ferguson said this is a very large storage shed and that the applicant could tear some of it down. Commissioner Sessions asked the Chairman to reopen the public hearing. The Chairman reopened the hearing to the public: Commissioner Sessions asked Ms. Cooper if the problem that the neighbor was concerned with ,was because of her children living at home. Ms. Cooper answered yes, the children are ,gone away: The hearing was closed to the public: It was moved by Commissioner Lambert, seconded by Commissioner Lynch,' to approve existing storage shed and � "an the variance with the addition of Recommendation #x.., of the Staff Report to read g g , approved as follows: A. Find that the project is Categorically Exempt from the provisions of C.EQA; anal B. Find that the lot shape and the strict application of the zoning standard depa ivwl -the property owner of privileges enjoyed by lather property in the neighborhood; and C. Fint,J that there are other structures in the neighborhood located within the required side yard setback and U. Find that approving the variance would not constitute granting ,a special privilege to the applicant that ,would be inconsistent with the application +:f the standards imposed on other prop/arty owners in the neighborhood; and , 3 , s ti E. Approve the Variance to allow an existing storage shed to be located eighteen (18) inches from the side property line on AP 0027040-016 (Mary Coop( -,,r) subject to the following conditions: 1. The structure shall only be :used for storage purposes. 2, C)btaiin'�uudiiag` peg=rYrirt rrd� ,x ly i z'�u�ldinb artsne A requirements per the November 5, 1992 tetter to Mary ,Cooper. 3. Verify that the storage shed is not located on or within five feet from the septic system 4. Minor changes may be approved administratively by the Director of Development Services upon receipt of a substantiated written request by the applicant, Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with ` the application, fees paid. and environmental deterntiination as conditionally approved. Changes deemed to be major or significant ire nature shall require e a formal application for amendment. YES: Commissioners Sessions, Nelson, 'Lambert and Chairman Lynch. NOES: Commissioner Rerguson ABSENT None ABSTAINED: None F I i 1 FILE Nib,,; AP 002-040-416 BUTTE COUNTY PLANNING COMMISSION STAFF FINDINGS - May 17, 1998 APPLICANT: Mary M. Cooper OWNER Same REQUEST: Variance to the required side yard setback to allow a storage 'shed 18° from the property line instead of the required_ 5 ft. AP NO,,: 002-040-016 SIZE.. Approximately 12,000 square feet. LOCALTION: 1785 Estates Way,approximately 500 feet north of Earl Avenue, Chico. EXISTING .ZONING; R-1 ZONIING HISTORY- Zoned R-1 April 25, 1967 by Ord. 925 SURROUNDING ZONII"a U, R-1, City of Chico SURROUNDING LAND USES Residential' GWN44RAL PLAN DESIGNATION Low Density Residential A.P'P'LICAXILE REGULATIONS: Butte County Code Sections 24-49 and 24-130, and 'Government Code Sections 65905 and 65906. COMMENTS RECEIVED: _ = _W.�=�=��.�tte=C-ourrt=�'iio CDS.....^- T--� -' •e-�1D�. a�trt�;.. �- .. ' ��._ .r: `. 1 BUTTE COUNTY PIJk KING COMMISSION STAPH FINDINGSMay 3, 1993 Environmental Health: "No objections. Recommended condition: 1) Verify that the proposed shed is at least five feet from the 'septic system. Relocate the septic system if necessary to maintain the required separation." 'Building Department: "Building constructed without permits and inspections. If the variance :s approved, comply with building Department,; letter dated November .5, 1.992. Public Works: No comments. No other ' comments were received. ANALYSIS: This project is a requestI for a variance to allow an existing 'storage shed to be located, eighteen inches (18")from a side yard property line. The standard side yard setback is five feet, (5'). This ,project is before the Commission as €3 result of Code Enforcement action. Apparently, the structure was constructed without building permits sometime between 1975 and 1987.According inpast .gt o Assessor's Office the building has been used as a studio apartment There are specific findings that must be made prior to ;granting; a variance from the terms of the local zoning ordinance. These 'Findings requireevidence that special circumstances apply to the subject property that deprive the individual of privileges enjoyed by other property in the i,vicinity. Special circumstances that would justify granting a variance from the minimum setback standard would be -physical constraints such as size, shape, topography, location or surroundings. The only special circumstances that could be considered for this request are the lot shape and surrounding properties with similw� setbacks. The first issue discussed is the lot shape. The lot is located on a substantial curve of Estates Way, This curve creates an odd lot shape, aii.d when considered' with the location of the house, it creates a rear lot area that has limited space. If required to comply; with - the standard setbacks from the property lines, the septic system and the home, the storage' stied would have to be significantly 'reduced in size or removed from the property. The second special circumstance is surrounding properties.; Based on staff's field observations of neighboring properties, it appears that several carports, garages, patio covers and other smaller buildings are located within the required side yard setback. Also a variance for a _'- g~a`rage to"locate three feet, four inches (3' 4") from the side yard was approved in 1983.:This property is located at 1,794 Estates Way. Based on the above factors, staff supports this project if the structure is,used for storage only. p property tunes in this neighborhood are The lot shape on thisand the .fact t'llat several structures located in setback areas are sufficient to show that a special circumstances exists on this 2 BUI 1.E COON. Y PL AN1ViNiC7' Ai®MMISSIO1V. . STAFF FINDINGS - May 3, 1993 property that would deprive the property owner of rights enjoyed by others in the neighborhood. This variance request has been determined to be a Class (Sa) Categorical Exemption from the provisions of the California Environmental Quality Act (CEQA). RECOMMENDATIONS: A. Find that the project is Categorically Exempt from the provisions of CEQA; and B. Find that the lot shape and the strict application of the zoning standard deprives the property owner of privileges enjoyed by other property in the neighborhood; and C. Final that there are other structures in the neighborhood located within the required side yard setback; and D. Find that approving the variance would not constitute granting a special privilege to the ap Allicant 'that would be inconsistent with the application of the standards imposed on other property owners in the neighborhood and E. Approve the Variance to allow a. 'storage shed to be located eighteen (18) inches from the side property lige on AP 002-040-016 (Mary, Cooper) subject to the following conditions: 1. The structure shall only be used for storage purposes. 2. Obtain building permits and comply with Building Department requirements per the November S, 1992 letter to Mary Cooper. 3. Verify that the storage shed is not located on or within five feet from the septic system. 4. Minor, changes may be approved administratively byAhe Director of Development Services upon receipt of a substantiated written request by the applicant. Prior to such approval, verification shall be made by each Department or Division that the 'modification is consistent with the application, fees paid wind environmental determination as conditionally approved. Changes deemed to be major or significant in nature ghail require a formal application for amendment. T r Attachments to the Commission and Cities: Site Plan Location Exhibit November, ,S, 1992 Letter to Mary Cooper Findings of Fact 3 r FINDINGS OF FACT Each zoning classification and land use has an assoi:iated set of development standards which are specified fn the Butte County Code. The Code al,., -,o estab- lishes aP rocedure to grant variances from these standards where unique circumstances exist to warrant relief from the strict application of these standards. , A variance can be granted only if specific findings are made to indicate that unique circumstances dor in fact, exist. These special circumstances inay include factors such as the size, shape, topography, location and surroundings of a piece of property. The ;courts have clearly indicated that variances are not intended to rewrite the County Code and can only be granted if all the findings listed below are made. Further, the courts have indicated the actual, factual basis for these findings must be stated. _ NOTE TO APPLICANT Please do NOT apply for a. variance unless you can provide the necessary factual basis to grant the requested variance. All necessary application fees are non- refundable. FINDINGS` 1. Thefollowingexcepnal, or extraordinary circumstances or conditions apply lbuilding or use in question which do not apply generally to other land, buildings or uses in the same district. i✓�' --- �' 7"fi/rte _' �, ' lr' A 2. The fact that the granting of the variance is necessary for, the preservation and enjoyment of substantial property rights is supported by the following: �'��-�' x..1.4.+., �',►"���,d.�`�&"� L'�-�-�'; ;�,',,,,,1� r 3. The fact that the granting of the varianca will not adversely Affect the neighborhood or be detrimental to the public health, safety or welfate or adversely affect property or i,mrrovame-its in ,he neighborhood is supported by the following;, ALL OF TQDN�.IF�IUST BE MADEINCLUDING THE STATEMENT OF 1SPECIFIC fTGRANTVARIANCE. 777 AgMbdftk y, M 49 November 5, 1992 i Mary Cooper RE: Special Inspection f92-60 1785 Estates Way (A.P. #002-04-0-016) Chico, CA '95928 Dear Ms. Cooper: With reference to the above subject and; your request for 'inspection of the storage building/guest house at 1785 Estates Slay, Chico, the inspection was made; November 2,. 1992. The building was constructed by the previous owner without permits and inspections from this office, so we were not able to perform 'the required inspections during construction.' We therefore made a reasonable visual inspection., without -,going on the roof, under the building, or in the attir.'and found the building appears to conform to the intent of code requirements, except for the following items which roust be done or resolved: 1) Obtain Planning Department variance forsideyard setback of 18". 2) Provide property line fire protection per Chapter 5 of the `Uniform Building Code. That would include 1-•h1rwall construction, parapet protection of projections (over hang,) and opening protection (windows) . 3 Complywith a11. requirements determined at time of plan check. This inspection by the County of Butte 'does not act as a guarantee or warranty as to the internal soundness of said building. It is now in order for you to submit complete plans in triplicate to this office including, plot plans, floor plans and structural details, apply for the required permits,, and pay the appropriate fees. The permits must be obtained and the above listed items completed within thirty (30) days of the date of this letter. Should you have any questions concerning this matter, please contact David Purvis of this office at (916)53$-7541 Yours very truly, DPzdms J.F. Glandes Manager, Building Inspection cc Assessor Building Inspector, Chico Plann ng,Department " pionnip :1:.A —APPLICATION FOR VARI NCE 1�artri�on>� BUTTE COUNTY PLANNING COMMISSION `' DEC 1 199 WOW !% California J. APPLICANT: Read and follow Instructions as set forth on attached sheet, Applicant's Name-----.�' �'',� Phone No.r��j Applicant's Mailing Address Applicant's Interest in property (Owner, lessee, other) Owner's Name and Address Contact Person for Project (I-fother than applicant)MAZA1 Assessor's Parcel Number(s)_G �• — an- Present Zoning Location and size of paroel(s) Street address % L,�"��`r,"ir�`+ ons for navel to property � p y (rural and mountainous areas only) �� Directions Type of variance requested: �. Lot area or building site Mobile home size Lot width Parking requirements Frontand setback _ livestock requirements y q Side or rear -yard setback Sign requirements Other, (specify) �aC ty Description of proposed Use and reasons for variance because of special circumstances refer to instruction No. 6 an attached sheet) m.a � - z Al r Description of existing land use_52�- �� '� Mre�� Existing/proposed sewage disposal method:r/,� "Tule Proximity of power and phone lInes, Water source:0(42)8 _ Proximity of water for fire fighting purposes (hydrants, ponds, etc.) ,�,5rfv,/jirFts c' [r'7% lG% Will excavation or grading be necessary? Cubic yarctu (estimate) J1� city, regional, describe and cher related perrr��ts n other public approvals required fpr this project' including those required by Federal agencies; % Nyihit' .L> 12 f�wj,F ,�-etc/✓ i CJGiobW ^r �)2 µa,z�.� rr�lJ ✓t A/� �1'ilx l re"2�7U�' / 'A�IG� % YC�eC� �► C +�Ai� : e L7 '� W I II e The following) questlonspertain only, to,variances to the minimum parcel size required within the zoning district: ENVIRONMENTAL. IMPACTS AND MIT"iGATION MEASURES* Identif y potentially significant environmental Impacts associated with the variance. What project design features or special conditions of approval (mitlgatlun are proposed to al leviate potential environmental )lmpacts't ' � 1 ENVIRONMENTAL SETTING* Describe the project site as it exists before the project, including information on (topography, soil stability, plants attd animals, and any cultural, historical or scenic aspec y g f the stru,� aspects. Describe an C.,Istin structures on the site And the use e Describe the surrounding properties, including Information on plants and animals and any otiltural, historical or scenic aspects. Indicate the type of land use (iesider lai, commercial, etc.), Intensity of land use (single,family, apartments,` shops, depart- meat stores, etc.), and scale of development (height, frontage, setback, rear yard, etc.). *Use separate sheet for longer responses. aC , Iran%)aNi CA,. I her 1,4 ClJ.4�,lay/' (��1CJiM a?; Y p y p j y 1 have read and un erstand the instructions and that the fv egoisg statements are unde onalt of er ur that are true, complete �and correct to the best of my knowledge and bell Date. -_l/ C�/�,� Applicant's signature Date— l` — +' Property owner's signature ..-✓ Variance number Request: Variance to Looation and size of parcel(s): located on the —J VER.IFY.I... _ _. .. ...._ A.P. Number(s) Zoning and Requirements Ownership Locatlon Oescription Proof of Agenoy'(If needed) 22e copies of Plot Plan �2 hl.I Gate Reoelved $, Receipt Number Application Taken By I. I CJ LII. CJ cum .�..,..� u• �� � i. INSTRUCTIONS TO VARIANCE APPLICANTS 1. If applicant ,is not 'the owner, written authorization by the owner or other proof of agency roust be sub- mitted in order for•. the applicant to legally sign the application. Application shall be considered void if not signed by the owner or legal agent. 2. All items on application shall be filled in as completely as possible. If an item is not applicable, please Indicate by, the term "NA 3, It is important that the applicant supply an accurate description of the location of the proposed project, including the following: a. Assessor's parcel number(s) (from the tax bills or Assessor's Maps), b. Street addresses (if available). ' C. Distances and directions to named streets, bodies of water or railroads, 4• - Copies of a detailed plot plan of adequate scale to clearly show proposed buildings and Improvements, folded to•$'/z 11 inches, shall accompany and be made part of the "Application for Vari- ance"; The plot plan shall include the following information: a. A scaled drawing of the parcels) bounda-ies, b. Location and dimensions of all existing and proposed improvements an the property, includ- Ing buildings, driveways, parking areas, wells, septic tanks and leach fields, water and railroads, streets, access, roads, nearby crossroads, streams, bodies of C. Location end name of bordering d. North arrow and scale of drawing. 5. The "Application for Variance" is subject to public hearings and approval by the Planning Commission. Any special conditions of approval shall be made a part of the approved "Variance" and shall be binding on the applicant The procedures for County, action on variance applications are stated in Chapter 24 of the Butte County Code, 6. VARIANCES from the terms of the zoning ordinance shall be granted only when, because; of special circumstances applicable to the property, including size, shape; topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby auth- orized shall not constitute a grant of 'special privileges inconsistentwith the limitations Upon other pro- perties in the vicinity and zone in which such property is situated. Any such condition imposed upon issuance of a variance must be related to the use of the property for which the variance is requested,, A variance Shall not be granted for a parcel Of property which wifhorizes a Use or activity which Is hot otherwise expresshe iUthorrzed'by the zone regulation governing the parcel of property. 7, Application fees as af_l( (date) are $�IC�� Z Fees may be paid In cash n; by check made payable to "Treasurer of Butte County", S. Before, submitting a variance application, applicant is requested to discuss with staff all questions about application requirements, County procedures, zoning provisions and "special circumstances". I� L: 00E 040 016 000 STATUS: 1 ACTIVE L002 040 024 000 STATUS: ` -,CTIVE COOPER MARY M SS' MAURER ROBERT £ JAYNE 1785 ESTATES WAY 17B© ESTATES WAY 'CI-II:CQ ' CA 95928 "CHICO CA 95928 L; 0.02 040 013 000 STATUS ACTIVE 002 040 02.5 000 STATUS: ACTIVE BOWLMY' DONALD T & VALERIE CP ' EBELING JON S & FREDERICA SHOCKLEY 1775 ESTATES WAY 1786 ESTATES WAY CHICC,., , _ ..",.:CA-95928 .,. .. CHICO CA 95928 L: 002 040 014 000 STATUS: ACTIVE L. 002 040 026 000 STATUS: ACTIVE FOARD MARY V ETAL PRICE HELEN VANEVERA ,CL.ARA E P 0 BOX 90:11784 ESTATES WAY ,CHICO CA 95927 CHICO C 95928 L: 008 040 015 000 STATUS: ACTIVE L: 002 040 027 000 STATUS: ACTIVE SMITH RAYMOND P J & LAURA W DAMICO ROBERT N,ETAL WILSON RICHARD E 1783 ESTATES WAY 1782 ESTATES_WAY CHICO CA 95928 CHICO CA 95928 L: 002 040 017 000 STATUS: ACTIVE L. 002 040 0213 000 STATUS: ACTIVE MCGUIRE WILLIAM B SS f QUINN KEVIN 479 EAST AVE 1778 ESTATES WAY CHICO CA 95926 CHICO CA 95928 L: 002 040 018,000 STATUS: ACTIVE L: 002 040 029 000 STATUS: ACTIVE YATES CHRISTOPHER:E & ELIZA13ETI•I A (CB DVA JACKSON W KENT & CONITA S 179a ESTATES WY 1776 ESTATES WAY CHICD CA 95928 CHICO CA 959.28 L: 002 040 019 000 STATUS: ACTIVE L. 002 040 030 000 STATUS: ACTIVE MILLER HAL R JR a, NANCY E BEAUCHANE RUSSELL B & ANDREA N CP, 169 VIA MISSION 'DR 1774 ESTATES WAY CHICO CA 959.28 CHICO, CA 95928 L; 002 040 020 000 STATUS: ACTIVE L: 00&040 035 000 STATUS: ACTIVE GROWppN JOHN B JR & hfARIBETW H CP EISSINOER REV t.NTER VIVOS TRUST EISSINhER ARNOLD HI& HAZEL C TR 1796 ESTATES WAY 1.750 E:IATES WAY CHICO CA 95928 iCHICO CA 95928 L': 032 040 081 000 STATUS: ACTIVE L: 002 040 039 000 STATUS„ ACTIVE SUMMERS JAMES M & NANCY, ELISE JT OTT ROBERT W & JOAN M JT 1794 ESTATES WAY 177.1 ESTATES WAY CHICDCA 95988 CHICO CA 95988 Li 002"040 082 000 STATUS: ACTIVE L.: 005 300 001 000 STATUS::' ACTIVE DALLMAN SCOTT A i� ARLENE BIDWELL PARK CITY CHICO 179E ESTATES WAY 1 00000 CHICO CA 95928 L 002 040 X383 0p0 STATUS: ACTIVE MALLARY EUGENE C & JANE M P O'BOX'; X217 r ;1 P Y96 162 247 ,m Cert fiecL Mail Receipt No Insurame Coverage Provided "r at Da vitt use fordnternational Mall '1�t tral o Reverse) Soni to Mary N. Cooper �:...., . treat 8- 8. No 1785 Estates Waw ra,o:, stale s : -P cbrn Chi co CA 95926 Postage di ^P Cortilled ren Special Ontivery Fon nostdctao Delivery roo .• turn Flecalpl 5hr rnq Whom & Onto Galivared Y I �.- Raturn Nooaipl Showing to Whom, Milia £ Address of Delivery - i11 e TOTAL. Pasiapo Q+ yb 0 0 IMP & Faa5 'Pootnark or pato ire a. 8/3/93 L 1 )bit! itbms 1 arld/or 2 foe additional aowylces, •' Iflete ,tams s, and 4a & b., I also wish to recel`,ve the following services (for aid extra +Print your,.hnmo and bddtesa or, the reverse of tills form tlo that ,Wb cnn ratufn t ls'c' rd to volt. fee): .4) Attach thio form to this frolit of the mallptMaa, at an the back If fipaoe does r at or ft, 1, CI Addressee's A.ddruss t� 'Vilrite "ftet4in f{Poaipt paqucotbd11 ym the mutld�lo a belowilia article number. T1�b ttattirtt;fiodbipt WIII show to wham the drtlr,'lo was delivetedsnd the data 2, 0 Rostriated Delivery as i deAw rod. - Xd. 3 Article Addr�assed to 4a, Artieib Consul hosttnaster for ftis©. to NumberID a "' M a r,y tti abper ) P 796 162 247, —` a j .1785'' s t a t e q Way 4bt Service Type CA 9 "i 9 2 6 0 Registered 0 Insured 60 Certified C1 COD ,c Cxpress Mail lj Return Receipt for in 1 1 -- MerrabAndlao r~ L"1 1. irAR 11P 002-040-016' i O�t�ofvar �iA y ° cc 5.iglaature (Addre:e} 8. Addiesse�e's Adilress (Only if requested Gs and fee Is paid) -Y. m. j it 6 �'q oure (Agent) — .,PS trn 3%, 11 , De ohllier 1991 *u,s.aDO M'C —� . 1"I'C RETURN RECOP 9� J STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, r CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELEOTED OPTIONAL SERWES (see front). 1. If you want this receipt postmarked. stick 'he gummed stub to the right of the return address leaving tate receipt allechod and present the article at a post office service window or hand it to , 1 your rural cerd'er (no extra charge), (D 2, If you do not want this rcacipt postmarked, slick the gummed stub to the right of the Toturm address of the article, date, detach and retain the receipt, and mail the article. CD o 3, If you want a return receipt, write the certified mail number and your name and address on a, rn return receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends if space permits, Otherwise, affix to the back of Article, Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number, A. If you want delivery restricted to the addressee, or to an outhorized agent of the addressee, a endorse RESTRICTED DELIVERY on the front of the article. ra 5. Entor fees for the services requested in the appropriate spaces an file front of this receipt. It E return receipt Is requested, check the applicable blocks In Rom 1 of Nrm 381112 ej) 6. save Infs receipt and prosentlt If you make Inquiry. ,; u,s,G,N 0,1990.270.153 I (L i UNITED $TATV.S POSTAI, SK im P M A � � � L W A Official $usirieyss '1 Use 70 AVOAYMEPJT OF I°OTAQE, $3J0 Prima yallr Tema, address and ZIP Code hers COUNTY or- 13 TrTr DEPARII i1 tN V L"-.I,.t''li�li @�1iC �3NN9Cll r ��i AMNING [QIVIa16N 7 County 6 ter 000 } l Oroville-,CA )5339 V "JA VCE BUTTE CO'UNTY PLANNING COMMISSION June 22, 1993 DATE 93-05 VARIANCE NO. AP 002-.040-016 ASSESSOR s PARCEL PATO. Pursuant to the provisions of the 'Zoning Ordinance of the County of Butte and the special conditions set forth below: Mary M. Cooper is hereby granted a. Variance in accordance with application filed: 4/13/93 tothe required side ,yard setback to allow an existing storage shed 18" from property line instead of the required 5 ft. on property zoned R -f located at 1785 Estates Way,' Chico. SPECIAL CONDITIONS: 1. The structure shall only be used for storage purposes. 2. Obtain building permits and comply with Building Department requir.;ments per the November 5, 1992 letter to Mary Cooper, 3. Verify that the storage shed is not located on or `within five feet from the septic system. 4. Minor changes may be approved administratively by the Director !of Development Services upon receipt of a -substantiated written request by the Iapplicant. Prior to; such approval, verification shall be made by each ]Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significantin nature shall require a formal application for amendment, I. hereby declare under penalty of perjury that, I have read the foregoing conditions, that they are in fact the conditions which were impose -d upon the granting ditions. rant�n of tlyis variance and' that I ee to abide fu 1 b said Dated: �- . _ Applin ` NOTE: Issuance'of this variance does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. 4 P Chaip an Butte County Planning Corntrussion „ CC: Land Development, Building Division Health Department, Department of Forestry �t I 4e f He Goun r 1, ' 10.1 F x, :. T H A TMl ? w Department of Developmerit Services PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE - OROVILLE CALIFORNIA 95965-3397 TELEPHONE: (916) 536-7601 June' 22, 1993 } Mary M. Cooper 1785 Estates Way Chico, cA 95926 Re: Variance, AP 002-040-016 Dear Ms. Cooper: We are enclosing the original and one copy of, your conditional Variance No. 93-05 to the required side yard setback to allow an existing storage shed 18" from property line instead of the required 5 ft. on property zoned R-1 located at 1785 Estates Way Chico. Bothcopies must be signed and returned to this department within 30 days from the receipt of this letter.' We will then have them validated by the Chairman of the Butte County Planning' Commission and the original will be returned to you for your records, Please be aware that failure to return the signed copies within 30 days will result in the use permit becoming invalid. Re-application to this department would then be necessary to proceed with the project. The Use Permit is deemed granted when this permit has been signed by the applicant, with the counter signature of the Chairman of the Plazming Commission, and. said permit is received by the applicant by registered :mail Should you have anyl questions regarding this matter, please contact this office. Sincerely,' B. A. Kircher Director of Planning BAI(Ar Enc. A. Uitteur PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965,3397 TELEPHONE: (916) 538-7607 FAX: 1916) 638.7765 June 10, 1993 Mary M. Cooper 1785 Estates Way Chico, CA 95926 Re: Variance, AP 002.-040-016 Dear Ms. Cooper: At the regular meeting 'of the Butte County Planning Commission held June 10, 1993, your request for a Variance to the required side yard setback to allow an existing storage shed 18° from property line instead of the required 5 ft. on property zoned R-1 located i at 1785 Estate Way,Chico was approved subject to the following conditions; pp J g 1. The structure shall only be used for storage purposes. 2. Obtain building permits and comply with Building Department requirements per the `November 5, 1992 letter to Mary Cooper.' 3. Verfy that the storage shed is not located on or within five feet from the septic system: 4. Minor changes may be approved administratively, by the Director of Development Services upon receipt of a substantiated written,, request by the applicant. Prior to such approval, verification shall be made by each Department or Division. that the modification is consistent with the application, fees paid and, environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for :amendment. Should you desire to appeal any of the conditions imposad by the Planning Commission, you imust do so in writing with the appeal fee of $301.00, to the Clerk of the Board of Supervisors, 25 County Center Drive, Oroville, California, prior to 5:00 p.rrt., Friday, June l$, 1993. If you do not appeal and if there are no other appeal within the 8 -day appeal period, your use permit will be isisued after June 18, 1993. Recently enacted legislation (AB 3158, Chapter 1706, Statutes of 1990, effective January 1, 1991) requiresp p filling that the Department of Fish and Game impose and collect lingfees BUTTE COUNTY PLANNI�N COMMISSION NOTICE OF PUBLIC al ARI G Notice is hereby given, by the Butte County Plwnning Commission that public hearings will be held on Thursday, `:June 10, 1993 in the, Butte CountyBoard of Supervisors' Room, County Administration Center, 25 County Center. Drive, Oroville, California, regarding the following item at the following time: I"CM'S ON WHICH A DMGATIVE DECLARATION WITH 'MITIGATION ' MEASURES REGARDING I ENVIRONMENTAL IMPACTS HAVE BEEN RECOMMENDED 9:00 a.m. PJ. KeatinMaterials CoM D/B/A _ Concrete Products Industries - Use Permit to allow a Ready Mix Concrete Plant on property zoned M-2 (Heavy Industrial) located on the southwest side of Skyway_approx. 1.600 ft. South of Honey Run Road, identified as AP 040-020-141, Chico. (CBS) 9:00 a.m. Forrest Young _ Rezone from "U" (Unclassifed) to M-1 (Light Industrial), located on the Southwest side of Skyway across from Honey Run Load and North of Edgar Slough, identified as AP 040-020-087, 040-020-148, Chico. (CB) (File #93-17) ITEM DETERMINED TO BE CATEGORICALLY EXEMPT FROM ' ENVIRONMENTAL REVIEW 9:00 am,,= f � Iylai oy M. Cooper -Variance to the required sideyard setback to allow a " storage shed 18" from property line instead of the required 5', on property zoned R-1 (Residential) located at 1785 Estates Way, approx. 500' north of Earl Avenue, identified as AP#002-040-016, Chico. (TL) '.Che; above mentioned applications, maps and Negative Declarations are on file and available for public viewing at the office of the Butte County Planning Department, 7 County Center Drive, Oroville, California. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else rinsed at the p g notice or in 'written correspondence delivered to the abbe hearing described in this Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION B; A. XIRQHER DIRECTOR OF PLANNING To be published in the Chico Enterprise' Record on Thursday May 6, 1993. w� y atte PLANNING DEPARTMENT 7 COUNTY CENTER IORIVE - OROVILLE, CALIFORNIA 95965-.3397 TELEPHONE; (916) 538-7601 March 2, 1993 Maty M. Cooper 1785 Estates 'VV,v Chico, Ca.9592 RE: 'Variance, AP# 002-040-016 Dear Mrs. Cooper: This is tonotify you that we have received sufficient assurances from Butte County Environmental Health and Public Works Division that your project can meet their hi.s fulfills the Pre -Application review process. requirements. 'T Pursuant to the Butte County Planning Division Project Review Procedure Manual which states, "Upon tentative approval of a lend use permit or variance by the Environmental Health Department and Land Development Division, the applicant must submit 'a completed formal .application, including , any required' changes from the original submittal and the balance of the fees within six (6) months of the tentative approval." No additional work shall be performed on this project until vve have received the remainder of the application fee in the amount of $410.00 and, if any, required changes from the original' submittal, uired changes from the original. submittal to the Please submit the fee along with any req Butte County l ..inning Division no later than September 3, 1993 or your application will become void, and in order to continue to project, you will be required to re=apply.` Please make all checks payable to the Butte County_ Treasurer. Enclosed is a field marker for identification of the project. Please secure the ribbon in a conspicuous place on the site, preferably visible frorn the roadway. If you have any questions regarding this matter, please d6 not hesitate to contact this office any weekday between the hours of 8:00 a.m. and 5:00 p.m. Sincerely; B.A. KIRCHER Director of Planning �f -'Lara Painter plai (ting Technician DATE RECEIPT - HO.. TOTAL RECEIVED PUBLIC WORKS - LAFCO _ USc PERM{TS VARIANCES- - PUBLIC OOCUM ENTS Z-.. - ENV _" HEST LTI[ OTHER APPLICANT RECEWED FROM j�BUTTE CO LANNINU COMMISS aN pt�hning Rzepr��mrt" %7 county Center Drive - � �l ro ille, CA 95965--3397MAR 17 93, (91 C) 538-7601 G1rgv{IIt;, California TO: COUNTY FIRE DEPT/CDF DATE". MARCH 2 1993 RE PROJECT REVIEW & ENVIRONMENTAL -EVALUATION 5; MARY M. COOPER Enclosed is preliminary: data our office has received or ;generated concerning the following'' project .yAgnmcE',To THi,. RrQITTgFn GLnRVARn GETBA K TO ALL A STORAGE 'SHED 1'8" FROM �ROPERTY' LINE INSTEAD OF THE REQUIRED 5 FEET. 9N£ --ESTA" ;--tkf -75-= , N _71 017 --MM AVENUE IDENTIF12D'AS AP 002-040-016 CHICO 93-05 W e are making an assessment oe_possible environmental impacts cts and will be preparing an_environmenta],.document, either a Negative Declaration, Negative Declaration with Mitigation Measures or an Environmental Impact Report '(EIR). Please.' provide any factual statements, ideas for investigation, pr opinions you can offer in your area of concern or expertise that relate to .either physical., social, or economic impacts that this project may generate. Please respond within 1.4 days of the above -noted' date. If no response is generated by this inquiry, then it shall be assumed that there are no significant environmental impacts which are potential from the project. We appreciate any assistance you can provide, Sinceren ly' RD MAR 41993 DC�Af�TMFNT OF FO STRI Larry Pa er [3UTTC COUNTY Planning Technician , Comments: Does your agency wish to receive a copy of the environmental docurtterit (initial study for Negative Declaration (with or without Mitigation Measures) or EZR for this project) Yes BUTTE COUNTY DEVELOPMENT SERVICES DEPARTMENT 7 County Center Drive Oroville, CA 95965--3397 (916)538--760`1' Date: 12/.04/92 TO: RE': Administrative Permit review for ENVIRONMENTAL HEALTH Mary M. Cooper. 1785 Estates Way E-nolosed is preliminary data our office has received or generated concerning the following project: AP#002-040-01.6-000 Variance to the I required sidevard setback to allow a storage shed 18" from property line instead of the required 51 The above project has been determined to be categorically exempt from environmental review under the provisions of the California Environmental Quality Act. This department is, reviewing'the application for compliance with applicable County and. State requirements, or restrictions that your department may have for this 'project. Please respond within 10 days of the above date. 1f no response is received within the 10 days# it shall be assumed that there are no concerns or requirements from your department. We appreciate any assistance you can provide. Sincerely, --� %.airy Pa iter Planning Technician r � pp p ) Commentsczt : .00 �C9�-r��4i,trr ` t '✓.'fit 1 f E7P(k t Gt�a r .k Mau toA fl p � �nVir�nmoh�al i-,�witX� DE U 19� oroville, californ, x;4 - COUNTY PLANNING CONZMTSS ' Cotti'ty Center Drive ptanninoftoart Mon'7" t Oroville, CA 95965--3397 MAR 03 1993 (91.6) 538--7601 Oroviile, California TO BUILDING DEPARTMENT DATE: MARCH 2, 1993 RE: PROJECT REVIEW & ; ENVIRONMENTAL EVALUATION MARY M. COOPER Enclosed is preliminary data our office has received or generated concerning the following project: ,yARZ,AN ,F To mwF REQ11T1?'En SrnFVA7?n GrmnnrK TO ALL, - A STORAGE SHED 18" FROM PROPERTY LINE INSTEAD OF THE REQUIRED 5'FEET, IDENTIFIEDAS AP 002-040-016 CHICO 93-05 We are makirig ani assessment of possible environmental impacts and will be preparing environmental document, either a Negative Decl,aration,NegativeDeclarat�ion with Mitigation Measures or an Environmental Impact Report (EIR). Please provide any factual statements, ideas for investigation, or opinions you can offer in your area of concern or ,expertise that relate to either physical, social, or economic impacts that this project may generate.' Please respond within 1.4 days of the above -noted date. If no response is generated by this inquiry, then it shall be asssamed that there are no significant environmental impacts which are potential from the project We appreciate any assistance you. can provide. Sincerely, Larry Pa' er Planning Technician Coiriments:' � f 4 ria, � �4 hoc: 4e e It.., 4,, 7 O -ea J •t`y Ay� aw �i r. � .:y w C �"�- �3 i 0 , ca jl i, 4e U -� i f/ ``- Does your agency wish to receive a copy of the environmental document (initial study for Negative ' Declaration (with or without Mitigation Measures) or EI'R for this project). Yes No Mtp- i -� IhAYM 12.t�Src �h4! NIer� J toh'—CiY ., r�� �, ' , III �p{py I M m Int' r y(�7�p�� Q��qp Mpg �.y�'�y u p■pypp YWYV919YV�p� T9., V 0 n7 BUTTE COUNTY DEVELOPMENT SERVICFS DEPARTM��7T�� 7 County Center Drive Oroville, CA 95965-3397 DEC 0 1 (916) 538-•7601 C J..liuY Y7 -bate: 12/04/92 RE': Administrative Permit re TO: for PUBLIC WORKS Mary M. Cooper 1785 Estates Way 3 .ca Enclosed is preliminary data our office has received or generated ollowinproject : AP#002-040--016-000 Variance to the the f concerning,. '� required sidevard setback to allow a Stora e shed 18"_.from property line instead of the re uired 5'` The above project has been determined to be categorically exempt from environmental review under the provisions of the California e Frith applicable county swing the Environmental Quality Act This department is review State - application for complianc Ap requirements, or :-estrictions that your department may have for°; this project. Please respond within 10, days of the above date. if no response is received, within the 10 days, 'it shall be assumed that there are no concerns or requirements from your department. We appreciate any assistance you can provide. Sincerely, aar5r��yPa ter, Planning Technician Comments : ,,,., a � �_�. 4, November 5, 1992 REI Special Inspection �a#92-60 '(A.P Njary Cooper . 1785 Estates Way Chico, CA 95928 Dear Ms. Cooper: inspection of the subject and your request for t house at 1785 rstatcs .play, Chita, the inspection tjitll reference to the above storage building/guest vwas made November 2, 1992. permits and the previous owner without P aired The building was constructed by prfaitn the req js office', as We were slat able to perform i inspections from t'ronstructian. inspec3ons during going on the roof, inspections without g reasthe attic and found the building appears to conform 'vde theretore made a or ln�1able visual insp r items which under the building, requirement, except for the fol low1no to the intent of code req ,,just be done or resolved: 1) Obtain Planning Department variance for side yard setback of 1 " line fire protection per Chapter 5 of the ?inifarm wall construction, parapet 2) Provide property 1 ening protection ff rode. That would include '1�hr. ui.ld,n� !,over' hang) and op protection of projections (windows). len check. l Yui th all L�equix pment determiner! at time of p a or J tion b the County of r)utte does not. act a� a guar1nt�,c Comply This inspect Y soundness of said builni.ng. al to th�Ls warranty as to the Inter xa litol:e ` you to submit: complete plans in tripor far y s floor' plans encs structural detperlmits pmust pll f b� It is now in order - 'pt�e p I office including plot planes fees. 30 day and pay the appropriates s�i the required permits ts, n thirty ( ) obtained eyed the above.. listed items completed within the date of this letter- atter, please contact David } Should you have any questions concerning this m 8-7541. Purvis of this office (9 1�i)5S yours very truly, I J _F Glander ect o2x a . . xnsp � DF . dms Manager > Building l cc: Assessor , l Building Inspector, , Chi.co planning Department Still , N.a�!' �!��Nq �Y `454;I�F Pj1414j1�; '�zhj711,j�', r H. Grp: s, .. , �,9J 11, ^ (L#ff ,"i.' 4 TT `CONTY 'PLANNING •Gb�9S5SION �STAFP? FINDINGS =• August 18, 1983 LE'NO AP 46-08-21 i�APP LI CANT : J,'. m Summers r CORNER Same REQUEST: Variance to side yard setback to allow��? ka7" a garage 4 foot from the property lino. ?1 VAP,NO: 46-0g-21 SIZE: .26 acres LOCATION: On the east side of Estates Wayap}rrox 'r"4: 5, imately 1100 foot: east from Bari Avenue,4y; P. Chico. t, 'EX'SGA: ISTING ZONING: R-1 b}' p ZONING HISTORY: Zoned R-1 July 30, 1956 (Ord. SS6)6 sn. cl . consolidated R-1 April 25, 1967 (.Ord. ' 92S)+ SURROUNDING ZONING R-1, City of Chico -� SURROUNDING LAND USE: Single Family dwellings. ;'SITE HISTORY: Original home built in 1962. GENERAL PLAN DESIGNATION: Low Density Residential r;APPLICABL3 REGULATIONS; Butte County Code Section 24-49 and California Government Code 65906. CObt BNTS RECEIVED; ,.,The Butte County Public Works Department and the City of Chico had no ohjoctions ".Or comments. The Department of Forestry had no requirements. ANALYSIS ,,Thea project is a request for a variance to the side yard setback to allow a garage 4 feet from the property line on property located on Estates Way r; "'in Chico. While the application for .the variance indicates a 4 £t, setback "is requested, the building plans on file in the Butte County Building Depart- ment indicate that the building is to be 3 ft. 4 ins, from the property line. k, IIf granted the Variance should reflect that difference. The purpose of this .•variance request is to allow the addition of a 6 foot extension on the front }y ;rof an dx4sting carport that is already in the setback, thus extending the carport 6 feet closer to the street. The new addition will nol; violate the front yard setback requirements of the zone. The carport needs' to be extonded j %16'foot during the enclosure procedure so that a standard interior depth Idimonsion could be achievod. The wall also must be oxtendod directly forward r 3Un order to obtain a standard width for the garage. 'vt; $1 SSION IAFF��;FINDINGS -,Augutst. 18, 198$ ti summary -it -Appears that a hardship does exist in this case becausc) 6 he 'location of existing structures on the proroject� perty and the nature of t N OMMENDATION- 6t'i!hlote that the project is Categorically Exempt from Environmental Reviewf.' and, Find that this project meets the requirements of Butte County Code Section 24-49, and make the required findingt; and Grant a Variance to allow the construction of a building 3.4 inches from .' - tile side property line as shown on tile site plan AP 46-08-21 (Summers),., subject to the following conditions:tt l—"Applicant must comply with till applicable State and local statutes, ordinance, and regulations. .Ir ,tachmonts: Location Exhibit Site Plan •rqj� E1}Y air s..ti K ly k fi ai 'and* Win cy'Summers S Variance (item determined to be catagrt ;ica=j�jl ins +,) lly exempt from environmental review) to side yard setback to allowlfi k��rt y :4 garage 4 fent from the property line on property zoned R-1 .41' (Single Family Residential) located on the east gideof Estates Way, app roximatoly 1100 feet east of Earl Avenue, Chico, .identified as AP 46-08-21. 3taf£ rind analysis of staff findings, no additional correspondence. Op en, hearing to public. d .. Nancy Summers, ,'1794 Estates Way, stated that she spoke with the one neighbor ;that this would affect and that the neighbor had no objections uhless the building was on the property line, and this building would be-3.ft. 4 ins. from'the property line. Hearing closed to the public and comments confined to tha Commission. NotAcn was made by Commissioner Lambert, seconded by Commissioner Behunin, for approval ms follows: ,A- ,note -that the project +a Categorically Exempt from Env ironmontal Rcview and ,$. Find that this project meets the roquivemonts of Butte County Code Section 24-49, and make the required finding.-, and C. Grant a Variance to allow the construction of a building 3141tinches from the side propperty ltno as shown on the site plan AP 46-08-21 (Suigmers) subject to tho following conditions: Al 1. Applicant must comply with all applicable State and local statutea, ordinance, a, -.j regulai.£ons. AYES. Commissioners Avis, Behunin, Lambert and Vice Chairman Schrader x~ ,NOES: No one ;ABSENT: Chairman Bennett :ABSTAIN: No one :Motion carried, �.y. e.i•.+•...... .....nM1W4f N4..a.ry+r. : i,r_ «. .... »_.•..^"YrM�WP 1. Ar Ff OF F'mirt.EL w RJ qa Q8' • FILE Na 4(o- c)L 21 BUTTE COUNTY PLANNING _COMMISSION APPLICANTS rvj Summe OWNER sAmp- N REGiUE'T� u 2Nc -ro Qn�YAc EXISTING ZONE, R-1 :SCLE `M ALLow A GARS 4' FP.oM Pti E7t Lime A�' �� 'tt11S4•,ii�� aiG"rr;�iV' �+ x � yt_ .. w th,