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HomeMy WebLinkAbout040-224-001777 A77�7- 7' PROJECT SIJMMAR)�' SHEET P611 File: No. nuit W. 'DDING B BUTTE COUNTY -FIRE DEPARTMENT. BI LL Rj� AVALION CHIEF-- licant Representative ADDRESS: OROVILLE, CALIF ._95965 PHONE: Property, Owner, Address VARIANCE TO THE SIDE YARD SETBACK TO -ALLOW A BUILDING TNCHE§ PROJECT DESCRIPTION: EROM XN!!:A= on property zoned 1--3 located _ 0�1 T11E SOUTH EAST CORNER OF GOOD SPEED AND CAMPBELL SIRVEIR, T)TTPJIAM —identified as AP _04-224-001 (ownlarea DURHAM DATE - General Plan Designation Map # Pre -App Fee Paid: $ Receipt No.: Applioation Accepted: Final App. Paid- $ Receipt No., Rezoning Petition signatures checked Percentage Mailing List Prepared Notices Mailed Number: News: Public: Legal Description prepared Publicatilon Notice Written Display Ad Prepared Newspaper Publication 0 r t4 I R Date of Pub.: Wtial Study Prepared Envirournental Detenninadoni I 5� 6) Categorical Exemption ive Declaraflion Nagatt Mitigated Negative Declaration Environmental Impact Report Other State Clearinghouse Number: Applicant/Repr6sentAtive, Notification of Enviltonmaital Determination _w 6,:) Planning Coninilssloil Heatifig(s): toard of 8upervil§drs' Hearl'1190! Butte Counjy Fire Department (Item determined to be exempt from Euvironmental Review) Variance, to the side yard setback to allow a building 6 inches from property tine on property zoned R-3 (Reside.-atial) located on the. southeast corner of Goodspeed and Campbell Street, identified as AP 00,�-224- 001, Durham. (LPW) (VIDEO) The Commission waived the reading of the Staff Findings.' A video of the site was Shown. Commissioner Ferguson asked if the pole in the video was a power pole with power lines and would these lines be over the building? Chairman Lynch said he thought the pole was a lamp post. Commissioner Ferguson asked what the underground storage tank wag being used for? He also asked why the Fire Department can not conform to the 5 ft. setbLck regulation? Staff said the applicant would have to answer those questions. Commissioner Sessions said if the building was 5 feet shorter the fire trucks would not fit. Chairman Lynch noted that there are other structures within 6 inches of the alley on adjacent property. Commissioner Lambert discussed putting in a fire walli Staff said it is usually required to put in a fire wall in a residential R-3 area, The hearing was opened to the public. B1411 Redding, CI)F, said the building.wasused for a residence fire station and is now being used as a volunteer meeting hall. He said the power pole on t - he street frontage will, be removed'. He said the 550 gallon underground tank is for diesel fuel, that the double wall tank- was recently installed to replace ail old tank, and was approved by Environmental Health. I The -hearing was closedi Commissioner Sessions said this use was needed and he would vote for approval. 9 3, 9/,kk T.— 'T C: I UT "B T r�,­'C-Jtjmq�y' J'Si6q, K--- Chairman Lynch said with other property in the area encroaching on the all ey, to deny, this application would be to deny the applicant the same privileges enjoyed by other property in the vicinity.. It was moved by Chairman Lynch, seconded by Lambert, and unanimously carried for approval as follows - MOTION: ACCEPT THE RECOMMENDATIONS OF STAFF MEMO DATED MARCH 24, 1993; MAKE THE FINDINGS LISTED UNDER "N'; AND MAKE THE MOTION AS OUTLINED UNDER "B", INCLUDING THE CONDITIONS. A. Find that - 1. The proposed project is categorically exempt from provisions of the California Environmental Quality Act in accordance with Section 15305, Class 5(a) of the California Public Resources Code. 2. There are special circumstances applicable to the property, including size, shape, topography, location or surroundings, that the strict application of this chapter deprives the property of privileges enjoyed by other property in. the vicinity and under identical zoning classification because there is property close by Which encroaches on the property line; and B. Approve the proposed Variance to allow a structure'6 inches from the property ,line instead of the required 5 feeti on AP 040-224-001 (Butte County Fire Department) subject to the following conditions: 1. Applicant must comply with; Environmental Health requirements. 2. 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 approvedi Changes deemed Ito be major or significant in nature shall require a formal application for amendment, 3. Applicant must also comply, With all Other applicable State and local statutes, ordinances, and regulations. 40 11 �LANN, NG S StbN AIMJ�tS Ap;�:i 1. 8 15 8 mo, . , , " FILE NO.: 040-224-001 BUTTE COUNTY PLANNING COMMISSION STAFF FINDINGS March 24, 1993 APPLICANT: Butte County Fire Department OWNER: same REQUES,r: Variance to sideyard setback to allow a structure 6"'from the property line instead of the required 5', and to allow a. structure 45' from road centerline (eaves to be 40' from center -fine) instead of the required 50'. AP NO.: 040-224-001 SIZE: 0.25 acres LOCATION: Southeast corner of Goodspeed and Campbell Streets, Durham EXISTINGZONING-. R-3 ZONING HISTORY: Zoned R-3 8/14/73 by Ordinance 1380 SURROUNDING ZONING: R-3, R4 and C-2 SURROUNDING LAND USE: Residential and Commercial SITE, 141STORY: Butte C,,iunty obtained the property in 1958 and the fire station has been in operation since, GENERAL PLAN DESIGNATION: Medium -Density Residential si APPLICABLE REGULATIONS: California Government Code Sections 65905 and 65906, Butte County Code Sections 24-49 through 24-52, 24�33 (c) and 24-21,454. rt�� BUITrE COUNTY PLANNING COMMISSION STAFF FINDINGs - Marcn.24,1993 COMMENTS RECEI D: Butte, County Fire De.12artment"/CDF: "No fire department objections." Butte Cniintv PnWir, Works: "None" Butte County Rnvir.nnt-nental Health: "I) Verify the location of existing septic systems on property. Relocate through permit procedure, if necessary, to meet setback requirements from building addition. 2) Verify the location of the existing underground storage tank on the property. Meet setback requirements from building and/or provide engineered foundation design adjacent to underground storage tank, as required by Environmental Health.:1 ANALYSYS: This is a request to allow a remodel and addition to an. existing fire station 611 from side yard property line, rather than the required 5' and to allow a structure 45' from road center -line (eaves to be 401 from centerline), rather than required 501. The project site is in an older, established residential neighborhood that backs up against a commercial area. The. parcel is a corner lot with an, alley on the third side� restricting the ul possible building area. Application of the setback req rements, 50' from street centerline and 5' sideyard, of the R-3 zone creates an undue hardship. Due to the needs of the community, the size of the existing fire station is no longer adequate. There is no alternative location, onsite, for the expansion to occur. This remod6l/expansion will allow the fire, equipment to be stored out of the weather in ft protected area. Due to the use of the property as a fire station� rather than a private residen:ce� the need for expansion is great. The sideyard setback area is the only space for expansion on thi's corner lot. The 20' wide alley is a secondary access to the surrounding parcels and will not be I Impaired. When considering a variance request, tl-ie Planning Commission muqt determine whether strict application of the zoning cod,& deprives the property Of privileges enjoyed by surrounding properties in the vicinity and tinder identical zoning classification. Variance from the toting Of the zoning ordinance should be granted' only when, because of special circumstances applicable to the property including size, shape topography, location or'81irrotindings, the property I Is discriminated- against by a given requirement of the ordinance. in addition, State Law requires that any variance granted shall be subject to such conditions as Will assure that the adjustment thereby authorized will not constitute a granting of special 1privileges inconsistent With limitations upon other properties in the vicinity and zone in which such property is situated. The proposed project is categorically exempt from the provision.,, of the California ElIvIfOrime! al Quality Act In accordance with 8ection 15805, Class 5(a) of the California 2 BUI-TE,COUNTY PLANNING COMMISSION STAFF FINDINGS - March 24, 1993 Public Resources Code. RECQMMENDATIONS: MOTION: ACCEPT THE RECOMMENDATIONS OF STAFF MEMO DATED March 24,1993; MAKE THE FINDINGS LISTED UNDER "A!"; AND MAKE THE MOTION AS OUTLINED UNDER "B", INCLUDING THE CONDITIONS. A. Find that: 1. Theproposed project is categorically exempt from provisions of the California Environmental Quality Act in accordance with Section 15305, Class 5(a) of the California Public Resources Code. 2. There are special circumstances applicable to the property, including size, shape, topography, location or surroundings, that the strict application of this chapter deprives the propeqy of privileges enjoyed by other property in the vicinity and under identical zoning classification because and B. Approve the proposed variance to allow a structure 6" from the property line instead of th, required 5', on AP #040-224-001 (Butte County Fire Department) subject to the following conditions: 1. Applicant must comply with Environmental Health requirementsi 2. Minor changes may be approved administratively by the Directors of Environnientat Health, Planning Or Public Works'upon receipt of a.substantilated written request by the applicant and only to those conditions Or requirements recommended by their respective departments. Prior to such approval,, verification shall be made by each Department or Division that the modification is consistent w I h the application, fecs paid and environmental determination as conditionally it approved. Changes deemed to be major or significant in nature by the respective/affected Department I -lead shall require the applicant to submit an amendment, 8. Applicant must comply with all a I pplicable State and local statutesi ordinances and regulations. LPW:lw Attachments to Commission and Citios: Site Plan Location Map Findings of Fact APPLICATION FOR V' ARIANCE BUTTE C01WTY PLANNING COMP111-581WIN APPLICANT: Read and follow Instructions as set forth on attached sheet. Applicant's Name COL,(,V-I-[ Or- �ccn-,6�1, r -(RL DEP121fo No. Applicant's Mailing Address-- U 0 /&&6— qS-91 ez- Applicant's Interest in property (Owner, lessee, other) Owner's Name and Address Contact Person for Project (it other than applicant) 01�fA54 Assessor's Parcel Number(s)-040- Z,24— 'Present Zoning 9- L tlon and size of parcel(k) NAAPS&J,J� 4,Vb c 0 6 -0-1 11F, 9-11 Z7, 6 1 CIR/46J Street address Y2011,11r, 11�,tj R, 14-4-,--, V— Directions for travel to property (rural and mountainous areas only) -- -J mi Type of variance requested: 114- Lot area or building site Mobile home size Lot Width Parking requirements F ront yard setback Livestock requirements —,X-4�-S1:d?or rear yard setback Sign requ lrement� Othur (specify) D s ription of proposed use and reasons foe variance because of special circumstances (refer to Instruction No, 6 on attached sheet) -J Mi!41-VtL R�!RUIRFb---T-6 ALLOW-CONS-r9ric,110AI nr- d6l AM -06A If I S a. CL -Wlik F( V � I W _��L 1FA-1 FA/ -J-Z Rk- Koas-�--o mo- r- Lj tsh-/V-r/l --FAo,v-" Description of eXisting land use EXIst1hg/Proposdd sewage disposal method: U Proximity of power and phone 11hes: C--J5V �Q Water source: - - J) �k 18N 14-A I A -A 16 A I 10 A) I S L C:Y— Proximity of water for flee fighting purposes (hydrants, p6nds, b1c,) E 12 YV-f h- - CA 1)s S - 7-9 z-5 Tnc 11-- 0 �A P,,4/Re,,A_ Will excaVatlon.oe grading be necessary! Oublo yards (estimate) NO List and describe any Other �elated permits and other p bi o approvals, required for this Project. Ih6lUdI those teqUIrpd by tA 14 it -81, 7 -. MA 6 v 6 blty� regiOnalo Staid and Federal agenclost P, �t 1-6 �,V 6 D 6 s The following,quugtlons pertain only, to variances to theiii.0olmulm parcel size required within the zoring�dIsWot: ENVIRONM ENTAIL IMPACTS AN D PIITIGAYION �MWXL07EF,* Identify potentially s1ghIfIcant environmental Impacts associated with the variance. What, project design features or special conditions of approval (mitigation measures) are proposed to alleviate potential environmental Impacts? AO ENVIRONMENTAL SETTING* —J Describe the project site as It exists before the project, Including Information on topography, soll stability, plants find —J animals, and any culturali historical of scenle aspects. Describe any existing structures on the site, and the use of the structures. Di)scrlb,e the surrounding properties, including Information on plants and animals and any cultural, historical or scenic aspects. Indicate the type.of land use (residential, commercial, etc.), Intensity of land use (slngle-famlly� apartments, shops, depart- ment stores, etc.), and scale of development (height, frontage, setback, rear yard, etc,,). Use separate sheet for longer responses. "Imp Alll)- I hereby declare,under penalty of perjury that I have read and understand the Instructions and that the foregoing statements are true, complete and correct to the best of my knowledge and bellefb Date Applicant's signature - — ----- Date__a Property owner's signature Variance number Request: Variance to Location and size of parcel(s): located an the —JI VERIFY: AY, Number(s) Zoning sind Requirements Ownership Location Description Proof of Agency (11 heeded) 2 0 copies of Plot Plan W C41 Date Received I Al I $ ::3 � I I -. hecelpt Number ftF==2 W�' U� Application Takbh 13Y— LA, -J 1. 1 1 1 . LU ILL COUNTY OF BUTTE' P 0 13OX 2,71 DURHAM CA 95?8t3-0271 060,010, L 040 2el 030 0 0 0', STATUS: ACTIVE L 040 224 00i 000 �), u 8 1 8" T flATOR'CLARASEL E AL . / ZnUNTY �'OF BUTTE' 1 �.Pl 0 13OX 271 . OVIL DURHAM CA 9593B-0271 00000 L: 040 222 004 000 STATUS: NIGH DALE W & EVA M ACTIVE L: 040 221 013 000 STATUS: ACTIVE, HAMILTON ROGER & CATHY JT 9320 LOTT RD DURHAM CA 95�38 9164 STANFORD LANE DURHAM CA 95938 L: 040 222 004 000 STATUS: ACTIVE L: 040 821 013 000 STATUe; ACTIVE DAIGH DALF. W & EVA M HAMILTON ROGER & CATHY JT 93eO LOTT RD DURHAM CA 95938 0164 STANFORD LANE DURHAM CA 93938 L: 040 222 006 000 STATUS: ACTIVE L: 040 221 014 000 STATUS: ACTIVE FORD MAUDE ETAL TO 8AMUELSON LESTER L & BETTY B P 0 BOX 16 DURHAM CA 95938 P 0 BOX 56 DURHAM CA 9593B L* 040 2P2 006 000 STATUS: ACTIVE L: 040 221 014 000 STATUS: ACTIVE FORD MAUDE ETAL TC SAMUELSON LESTER L & BETTY 8 0 0 BOX 16 P 0 BOX 56 DURHAM CA 95938 DURHAM CA 95928 L: 040 281 016 000 STATUSt ACTIVE AMATOR CLOABEL ETAL BOX 271 DURHAM CA 95938 L: 040 228 001 000 STATUS: ACTIVE Li 040 221 016 000 STATUS: ACTIVE MORRISON JERRY E & MARGARET E AMATOR CLARABEL ETAL P 0 BOX 787 BOX 271 DURHAM CA 959218 DURHAM CA 98938 Li. 040 228 007 000 STATU8: ACTIVE L: 04o 221 02B 000 8TATUSo. ACTIVE MORRISON jE"RY E & MARGARET E SMITH DAVID D & KATHLEEN T N P 0 'BOX 727 p 0 BOX 028 DURHAM CA 95938 DURHAM CA 95980 L: 040 8283 018 000 STATUSt ACTIVE L: 040 881 08a 000 STATUS- ACTIVE LYMAN WILLIAM NORTON & DEBORAH JT SMITH DAVID D & KATHLEEN T N gasa THE; MIDWAY P 0 Box 820 DURHAM CA Y5930 DURHAM CA �5139 L,: 040 8e8 o14 000 STATUSi ACTIVE Li 040 281 089 000 STATU8-. ACTIVE LYMAN WILLIAM NORTON & D500RAH JT HORN HOWARD 8 88 q8S3 THE MIDWAY DURHAM CA 95Y80 4e75 RANCHO ROAD CHICO CA 95986 L., 040 222 014 000 STATUS: ACTIVE Li 040 221 029 000 STATUS: ACTIVE LYMAN WILLIAM NORTON & OEOONA14 jT HORN HOWARD 8 86 gasa THE, MIDWAY 40b RANCHO ROAD DURHAM CA yb988 CHICO CA Y89�6 fit) Li. 040 283 009 000 STATUS: ACTIVE WELLS HUGH E ETAL P 0 BOX 168 DURHAM CA 95938 Li$ 040 828 009 000 STATUS: ACTIVE WELLS HUGH E ETAL 0 0 BOX 163 DURHAM CA 95938 Lo 040 823 010 000 STATUS6 ACTIVE 8ONST8NG ROBERT & CHIMENE 0 Y835 GOODSPEED ST DURHAM CA 95988 go L� 040 283 010 000' STATUS: ACTIVE SONSTENG ROBERT & CHIMENE R 9888'GOODSPEED ST DURHAM CA 9-5930 If- zq IkN 1-1 LYMAN Wil-LIAN NORTON 'DE BORAI�, J I- �' 0 BOX 725 DURHAM CA 95�38 1,6 A J, J� 0�j DURHAM CA 95938 CA EVANS FRANK ESTATE OF L; 040 223 008 GOWAN TRUST STATUS: ACTIVE L- 040 883 005 o FRANKLIN JAMES 9a53 T� IE, M.1 DWAY SARA F FAMILY TRUST CLAREt�'DNT CA 91711 ANDEROON CRYSTAL GOWAN ROY'L JOYCE K TRUSTEES, EVANS FRANK ESTATE OF UPHAM CA 95938 CARTER MADELIENE E ETAL P 0 BOX e3i DURHAM CA 95938 CLAREMONT CA 917ii o Lt 0110 823 005 000 STATUSO ACTIVE Lt 040 223 006 DURHAM CA -9 59238 L: 040 223 006 000 STATUS: ACTIVE 0 BOX 811 'DURHAM AMATOR CLARAB.EL El'�L L: 0 40 2218, 011 10 STA TU��'ACTIVE'� L6 040 888 006 000 STATUS: ACTIVE GOWAN TRUSI T ETAL BOX 271 BOX 271 GOWAN ROY L & JOYCE K-�,, TRUSTEES DURHAM CA 95938 95980 0 p 0 BOX eal 'CA DURHAM 95988 L: '040 223 006 000 STATUS: ACTIVE o AMATOR CLARABEL ETAL L: 040 223 002 000 STATUS: ACTIVE FREDERICK JOHN MARK & KAREN SUE SPY 271 0 DURHAM CA 95988 P 0 BOX 787 DURHAM CA 95938 L 040 2�3 007 000 STATUSi ACTIVE 0 ZILLHER BRUCE & DOROTHY CP 0 L: 040 223 002 000 STATUSo. ACTIVE 'KAREN FREDERICK JOHN MARK & SUE 653 CANYON ROAD 0 '787 REDWOOD CITY CA 94062 o P 0 BOX DURHAM CA 95938 L: 040 823 007 000 STATUS! ACTIVE 0 ZILLMER BRUC8 & DOROTHY CP o L: 040 223 003 000 STATUS: INACTIVE BALLARD ANCEL J & RUTH C 653 CANYON ROAD 0 I REDWOOD CITY CA 94062 0 PO BOX 246 DURHAM CA 95938 L: 040 223 008 000 STATUS: ACTIVE FRANKLIN JAMES C &I SARA F FAMILY TRUST 0 L: 040 223 003 000 STATUS: INACTIVE FRANKLIN JAMES C & SA I RA F TRUSTEES BALLARD ANCEL J & RUTH C V fit) Li. 040 283 009 000 STATUS: ACTIVE WELLS HUGH E ETAL P 0 BOX 168 DURHAM CA 95938 Li$ 040 828 009 000 STATUS: ACTIVE WELLS HUGH E ETAL 0 0 BOX 163 DURHAM CA 95938 Lo 040 823 010 000 STATUS6 ACTIVE 8ONST8NG ROBERT & CHIMENE 0 Y835 GOODSPEED ST DURHAM CA 95988 go L� 040 283 010 000' STATUS: ACTIVE SONSTENG ROBERT & CHIMENE R 9888'GOODSPEED ST DURHAM CA 9-5930 If- zq IkN 1-1 PO BOX 846 �' 0 BOX 725 DURHAM CA 95�38 DURHAM CA 95938 CA EVANS FRANK ESTATE OF L; 040 223 008 000 STATUS: ACTIVE L- 040 883 005 o FRANKLIN JAMES C & SARA F FAMILY TRUST CLAREt�'DNT CA 91711 ANDEROON CRYSTAL FRANKLIN JAMES C & SARA r TRUSTEES EVANS FRANK ESTATE OF P 0 13OX 94 CARTER MADELIENE E ETAL 0 DURHAM CA 95938 CLAREMONT CA 917ii fit) Li. 040 283 009 000 STATUS: ACTIVE WELLS HUGH E ETAL P 0 BOX 168 DURHAM CA 95938 Li$ 040 828 009 000 STATUS: ACTIVE WELLS HUGH E ETAL 0 0 BOX 163 DURHAM CA 95938 Lo 040 823 010 000 STATUS6 ACTIVE 8ONST8NG ROBERT & CHIMENE 0 Y835 GOODSPEED ST DURHAM CA 95988 go L� 040 283 010 000' STATUS: ACTIVE SONSTENG ROBERT & CHIMENE R 9888'GOODSPEED ST DURHAM CA 9-5930 If- zq IkN 1-1 PO BOX 846 �' 0 BOX 725 DURHAM CA 95�38 0 L: 040 223 004 000 STATUS: ACTIVE 0 CA EVANS FRANK ESTATE OF fo CARTER MADELIENE E ETAL L- 040 883 005 o 986 HIGH POINT DR CLAREt�'DNT CA 91711 ANDEROON CRYSTAL C & L: 040 288 004 000 STATUS: ACTIVE EVANS FRANK ESTATE OF P 0 BOX 785 CARTER MADELIENE E ETAL 0 886 HIGH POINT DR DURHAM CA CLAREMONT CA 917ii o Lt 0110 823 005 000 STATUSO ACTIVE Lt 040 223 006 000 ANOtRSUN CRYSTAL C & ANNA ip �' 0 BOX 725 DURHAM CA 95980 fo L- 040 883 005 000 STATUS: ACTIVE ANDEROON CRYSTAL C & ANNA P 0 BOX 785 DURHAM CA 95930 Lt 040 223 006 000 STATUS- ACTIVE AMATOR CLANA8�L ETAL 0 BOX 811 'DURHAM CA 98980 L6 040 888 006 000 STATUS: ACTIVE ETAL BOX 271 DURHAM CA 95980 . J�A, Dt,,partment of Development Services PLANNING DEPARTMENT 7 COUNTY CENTER bRIVE - OROVILLE,,CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 April 290 1993 Butte County Fire Department 176 Nelson Avenue Oroville, CA 95965 0-0 Re- Variance, AP 004-224-001 Gentlemen: Enclosed is your validated Variance No. 93-08 to the side yard setback to allow a building 6 inches from property line on property zoned R-3 located on the southeast corner of Goodspeed and Campbell Streets, Durhami Should you have any quest -ions regarding this matter, please contact this office. Sincerely, B, Xircher- Director of Planning BAK:lr Enc. cc! Land Development Division Building Division Envirohmental,+Iealt� xi: Department bf, Forestry VARIANCE BUTTE COUNTY PLANNING COMMISSION April 19,1993 DATE 93-08 VARIANCE NO. AP dk.224-001 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Butte County Fire Department is hereby granted a Variance in accordance with application filedi 1/23/93 to the side yard setback to allow a building 6 inches from property line on property zoned R-3 located on the southeast carrier of Goodspeed and Campbell Streets, Durham. SPECIAL CONDITIONS: 1. Applicant must comply with Environmental Health requirements. 2i Minor changes may be approved administratively by� the Directors of Environmental Healthj Planning or Public Works upon receipt of a substantiated written request by the applicant and only to those conditions or requirements recommended by their respective departments. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the applicationo fecs paid and environmental determination as conditionally approved. �Manges deemed to be major or significant in nature by, the respectilve/affected Department Head shall require the, applicant to submit an. amendment. 1 Appli.cant must comply with all applicable State and local statutes, ordinances and regu lationsi I hereby declare tinder penalty of perjury that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this variance, aftc! .-hat I agree to abide fully by said conditions. Dated: Applic t NOT& Issuance of this variance &,is not waive requirement of obtaining Building and Health Department permits before �tarting constrtiction� nor does it Waive any other requirernentsi El�iairinan_BiHtt�__Co'A WtPlantilng Commission C Q. Land Development, BU111ding t"Mislion Health 0epartmentj Departmt lit of Forestry j I % N Butte, Am Department of Development Services PLANNING DEPARTIVIEN7 7 COUNTY CENTER DRIVE - OROVILLE� CALIFORNIA 95965-3397 TELEPHONE! (916)'538-7601 April 19, 1993 Butte County Fire Department 176 Nelson Avenue Oroville, CA 95965 Re: Variance, AP 004-224-001 Gentlemen: We are enclosing the original and one copy of your conditional Variance No. 93-08 to the side yard setback to allow a building 6 inches from the property line on property zoned R-3 locate don the southeast corner of Goodspeed and Campbell Streets, Durham. Both copies must be signed and returned to this department within 30 days from the receipt of thi's letter, We will then have them validated by the Chairman of the Butte County Planning Commission and he original will be returned to you for yourrecords. Please be aware that failure to retL �. Jiie signed copies within 30 days will result in the use pernn't becoming invalid, Re-application to thi's department would then be necessary to proceed with the project. Should you have any qyestions regarding this matter� please contact this office. Sincerely, Bi A. Kircher Director 'of Planning BA1<:lr Enc, 10 eoua PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3307 TELEPHONE: (916) 538-7601 April 8, 1993 Butte County Fire Department Bill Redding 176 Nelson Avenue Oroville, CA 95965 Re4 Variance, AP #004-224-001 Dear Mr. Redding: At the regular meeting of the Butte County Planning Commission held April 8, 1993, vour request for a Variance to the side yard setback to allow a building 6 inches from property liine�on property zoned R-3 (Residential), located on the southeast comer of Goodspeed and Campbell Street, Durham, was approved subject to the following conditions: 1. Appll'c,-.nt must comply with Environmental Health requirements, 2. Minor changes may be approved administratively by the Director of Development Services upon receipt of a substantiated written re . quest by the applicant. Prior to such approval, verification shall be made by each Department of Division that the modification i's consistent With the. applij.:ation, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 3. Applicant must comply with all applicable State and local. statutes, ordinances and regulations. Should,you desire to appeal any of the conditions imposed by the Planning Commissiono you must do so In writing to the Clerk of the Board of Supervisors, 25 County Center Drive, OroVilld, Callfc1nia, prior to. 5600 pimit Friday, April 16� 1993o If you do not appeal and if there arc no other appeal within the 8�-day appeal period, itout use permit will be issued after April 16, 1903, f fe a January Recenfly onacted legisla' on -'(A,13 3158, Chapter 1706, Statut s of 1990, e ctiv 1, 1991) requires that the Department of Fish and Game impose and collect filing fees as specified to defray the cost of managing and protecting fish and wildlife trust resources. These filing fees are collected during the environmental review process and are to be paid at the time the County files a "Notice of Exemptiod' with the County Clerk pursuant to Section 21152 of the Public Resources Code. To increase administrative efficiency, the statute delegated the collection of filing fees to the County Clerk and provided the County authority to collect a $25.00 documentary han,-Iling fee. The fees due for your pr ject are as indicated on the attached Declaration 01 of Fees Due. Checks made payable to the County should be submitted to the County by April 20, 1993. Proj I ect applicants should be aware Section 21089(b) of the Public Resources Code, provides that any project ap�oved under CEQA is not operative, vested, or final until the filing fees required under Section 711.4 of the Fish and Game Code are paid. Should you have any questions regarding this matter, please contact this office. Sincerely, AB.A K 6ir c h eer� Director of Planning BAK-jlo Aurto couni PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 March 12, 1993 Butte County Fire Department 176 Nelson Avenue Oroville, CA 95965 Re: VarianceAP 040-224-001 Gentlemen: Enclosed is a copy of the Staff Findings concerning your application for a Variance to the side yard setback to allow a, structure 6" from the property line instead of the required 5' on property zoned R-3 located on the southeast corner of Goodspeed and Campbell Streets, Durham. Apublic hearing has been set for April 8, 1993 at 90 a.m. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, Californiai The Planning Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. In the event that no one, will represent the applicant,' please. contact the Planning office, prior to the scheduled public hearing. Should you have any questions regarding this matter) please contact this office between IHO a.m. and 3:00 p,m. Sincerely, Bi A. Kircher Director of Planning Lisa urvis Wilson Assistant Planner LPW:lr Enc. 7 da 0 --D cQ a: cc E paoij I Uonbq I peou, ra OURl d OUGQIV I)Gqjoo 13 L4 -a p E5 r m peoLl F -v Lott uo puoobl 'I I 'Am 03 L) et te 'U'l > .--a 1A -1 R a -nn E > SBUI pgou--j z qr w —5nu.AV :c '+n Gnu. V-- --souar, Av- —P r a: f m SOUTH 0 E m I R cc cr E :1 cr U j'- 2 AV , (3 "3 ull-to ON 0 cc In Wma auel Jaujn.L "2 utj z 0 '01 IL co U PudH OjdWjj tL CQ. A, BUrITE COUNTY PLANNING COMMISSION NOTICE OF PUBLIQ HEART G Notice is hereby given by the Butte County Planning Commission that public hearings will be held on Thursday, April 8, 1993, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item at the following time: ITEM DEMR—MTNtD TO BE EXEMPT FROM ENVIRONMENTAL REVIEW 9:00 Butte Counly Fire ael)artment - Varianc , to the side yard setback to allow a building 6 inches from property line on property zoned R-3 (Residential) located on the southeast corner of Goodspeed and Campbell Street) identified as A2 004-224-001, Durham. ITEM DETERMINED TO BE -A GTENERALRULE EXEMPTION Ir"In -%% X �� XTX rv— — — — — , - — -- ---- - 9-00 a.m.. Barbara J. Borger - -Use —POrmit to allow 1 act homesite segregation Oil property zoned A-10 locate -1 on the west side of Esquon Road, . appi I oximately 5600 feet north of Durham Oroville Highway, identified as AP 040-110-008$ 042$ Durham. The above mentioned applications and maps 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 I -- 0- 0- 1, only those issues you or someone else raised at the public hearing described io-, 'ai,ing t Is Ift WtitteD, correspondence delivered to the Planning Commission, at or h notice or 1 prk— to, t ho public hearing, 13UrfTE COUNTY PLANNING COMMISSION B. A, KIRCJAER� D=CTOR Or, PLANNING To be publishbd in the Chico Enterprise Record on Thursday, March 18, 1903o COUNTY PLANNING COMMI j4p P1201111-1 DOP 7 County Center., Drive Oroville, qA 95 965-3397 �A 538-7601 tnvironment-W Health r (916) JAN 7 �1993 DATE: JANUARY 2*11, 19931 '"LO: COUNTY ENVIRONMENTAL HEALTH Oroville, C�,!If6Mi la RE: PROJECT REVIEW & ENVIRONMENTAL EVALUATION BUTTE COUNTY FIREDEPARTMENT AP#04C,,.224-001 Enclosed is preliminary data our office has received or generated concerning the following project4. VARIANCE TO THE SIDE YARD SETBACK TO ALLOW A BUILDING 6 INCHES FROM AN ALLEY. LOCATED ON THE SOUTH EAST CORNER -OF Gnon-SPZED AaD C-41412BELL STREETS, DURHAM ZONED R-5 we are making an assessment of possible environmental impacts and will be preparing an environmental document, either a Negative Declaration, Negative Declaration 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 e:�pettise that relate to either physicali social, or economic impacts that this project may generate. -noted datei If no Please respond within 14 days of the above response is generated by this inquiry, then it shall be assumed that there Are no significant environmental impacts which ate potential from the project. We appreciate any assistance you can ptovidei sincerely, , 9�; PZ2� Larry PaYnfet Planning Technician comments:1 +�A (Vc-k AAa-m-r 4�WA QA 60K W4, 4AJ4 -e. e-1 I A41 - a 'S+6e� 'a- - - a +&49e - 4 (i 4� 444�. Y�q 4' e d*1vJt6hmdhtal nc, h to receive a copy of th A Does, your age y wl'S I .. - ta'tive Ded!AtAtiOft (With or without document (initial study for Nec . Mitiqati6h Measures) or EIR for this project). yes No .3 A �A�w 9-9z. -ruE �1 :51,, Et� H 111T C`h 1, 14 cct�,virv?, PLANi01VG COMM t 7 Cc��OVA'-,Y center Drive Orov, j.e, CA �ftV1r0hrnEvn1-q1 j916) 538-7601 J A N1 ? 199t3"; JANUARY 27, 093 -VJR0*1ENTAL T.1E OtWi1f% 004ornia TO "I COUNTY EN A 1, �1, R .EVIEW & PROJtCT EUVIRONMENTAL EV.A.LUAT101; BUTTE COUNTY FIRE, DEPARTMT APH040-224-001 datA our offioe has received or genatated VARIANCE TO THE SIDE YARD SE!rBACK TO concerning the ALLOW FRO.,,! AN ALLEY, r Sc=-E,:4s L-MR�",Ep ZONED R.-5 al impact$ VAnd We ate making all ar pc5ssible environi. will be preparing a:�,i envtror�jmental docunent� either a Negative Declaration, Noq4tive Declaration With Mitigation MeasurOS or an tnviroftmentai Jzpa��t Report (EIR). ;0 provide any raotuj�l statemontsf ideas for investig'ati", Plaa.� 'o- ill your area of concerIll or expatti.,,a or opinion$ You (I&F, Ofr-_ vocialt or sconomic ivpactt that tliat telate to EitlAer Phys'Cal? this project Inay ��m-nerat4# withir� 14- day!; of the abOve-nOted date' 'r no raspoftd ed by thi�a inquiry, then it ShA1.1 be as$uAjed resp011se is qeher4t that th6ro are no rignilZicant environmel.1fal imparts which are. potential froz the projeot. we appreciAti� --anY a!r ..sistance you e4h provide, rAktry Pa Mal - W 's t)oes your aqeooy wish ive a copy of the, dodument (Illitia 1 OtUdy fo,e tlegative Ddolar4t_jon (wiLh or Without or tIR 'for thi3 ProJact) Mitigation )E COUNTY PLANNING CIOMMI--r �,iN 7 County Center Drive Orovj,lle, CA 95965-3397 (916) $38-7601 TO: DATE: JANUARY 27i 95 PUBLIC WORKS RE: PROJECT REVIEW & ENVIRONMENTAL EVALUATION BUTTE COUN KWIRE DEPARTMENT __;ARkO_4'O �:M' A' Enclosed is preliminary data our office has received or generated concerning the following project: VARIANGE To THE 81DE YARD SETBACK TO ALL014 A BUILDING � INCHES FROM AN ALLEY. LOCATED ON THE- SOUTR FART nnT?NTPP (),p rnon Sj2ErD AND C4Mpng, I ZONED R-3 AM We are making an assessment of possible environmental impacts and will be preparing an environmental document, either a Negative Declaration, Negative Declaration 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 doncern or expdrtise that relate to either physical, social, or economic impacts that this project may generate. Please respond within 14 days of the above -noted date. if no response is generated by this inquiry, then it shall be assumed that there ate no significant environmental impacts which ate Potential from the projecti We appreciate any assistance you can provide. sincerely, �;TL a r r'y Paj�TCer Planning Technician Commehts: -111; COUNTY PLANNING COMM 7 county center Driv( orovilleo CA 95955-3397 -7631 (911) 5:;S FEB 0 3 1983 t SIM' W -N DATE: OrOV111101 efilitornin FIRE DEPT./CDF JAN 2.1, 1993 RE: PROJECT REVIEW & ENVIRONMENTAL EVALUATION BUTTE COUN`.�"Y FIRE DEPARTMENT AP#040-224-001 Enclosed is preliminary data our offitie has received or generated VARIANCE TO THE SIDE YARD SETBACK TO concerning the following project: ALLOW A BUILDING INCHES FROM AN ALLEY. LOCATED ON THE SQUTR- E GOOD SP -TIED AND DURHA4— JiONED R-8 ment of po-sibl,) environmental !Lmpacts and We are making an assess . I will be preparing an environmental dooament, either a Negative De'clarAtionj Negative Declaration with Mitigation Measures or an Environmental Impact Report (EIR). Please ptovidd any factual 0 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 ptb'dct may generate. 3 Please respond within 34 days of the abbve-hoted date. If. no response is generated by this inquiry, then it shall be assumed that there ate no significant environmental impacts whloh are potential from the project. I hce you daft ptovide. We appteciate any asslsta sinderely, Larry eP Pl'anningTedhni'dian Comments: Does your agency wish to receive a 06PY of the environmental (*� I d6cume'ht ('initial study tot Ndqati'Ve Declatatilon lith or without Mitigation MeAtUtds) or tjA for this project). yo -'b No t:;,f —'elm Coo, o6vrre J� (40 cr- �Zr- 100 N 4V A,,' Jq 1, % tO Ise s \map of 8uffe, 8ER r; t i r kof Lw FINDINGS OF FACT Each zoning classification and �%�d use has an associated set of development standards which are specified in the Butte County Code. The Code also es,�Ab- lishes a procedure to grant variances from these standards where, unique circumstances exist to warrant relief from the strict application of these standards. A var:1andd can be granted only if specific findings are made to indicate that unique circumstances do, in fact, exist. These special circumstances may include factors such as the size, shapej topography, location and surroundings of a piece of property. The courts have clearly indicated that variances are hot 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 ybu can provide the necessary factual basis to grant the requested variancei All necessary application fees are non- refundable. FINDINGS 1. The following excepLional or extraordinary odrcumstahco-s or conditions apply to the land, building or use in question which do not apply generally to other lando buildings or uses in the same district. /S- i --&Z -226 PY,01-1 C /bvb PROVI LA LlRf 2. the fact that the granting of the Variance is necessary for the preservation and enjoyment of subst:tntial property rights is supported by the following: 0A1 -MIS L4 6,6 ),mt Id 6 'L/v c/lit-S !Q�P 1-4,c ��I, ON 0 1)4 LeA: I V 6, 1 U 0 1, 1 L-6 8P 7-0 Rtm () V,6- 0 6 C 13 L L I L t /,V 6 -� &T, 60-5-�rS 7-0 OWWA�L WAO IS /J1,S,0 -r6i-' 40&,�96� 7AXPO' YSA-VII The fact that the granting o! the Vatiande will hot Adversely affect the neighborhood -or be detrimental to the public health, safety be welfare ot adversely- affect ptriporty or imTrovame-its in -he . neighborhood is supported by the foll6wingo. 11 ALL OF T�E AtM FINDINGS MUST BE MDE* INGLODNO TRE 8tATtkt-INt 0 sPkIFIc FACTS, tO GRANT A VARIANCE