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HomeMy WebLinkAbout042-120-004NOTICE TO APPLICANT - VARIANCE 11 44, Ordinance No. 1333 AN ORDINANCE AMENDING ORDINANCE NO. 475, XNO�!N` AS THE BUTTE COUNTY ZONING ENABLING ORDINANCE " 16. 1. VARIANCES from the termb of the zoning ordinance shall be granted only when, because of special circumstances applicable to the property, including sizef 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 authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. Any such condition imposed upon issuance of a variance must be reasonably related to the use of the property for which the variance is requestod6 A variance shall not be qtan-%Led for a parcel of property which authorizes a use or activity which is not otherwise ex- pressly authorized by the gone regulation governing the parcel of property." I UtRrMY DECLARt UNDER PENALTY OP PERJURY THAT 1 HAVE RMD THE VORtGOINO INSTRUCTIONS AND S9%TtMENTS AND UNMASTANO THEIR MEANING AND CONTEXT. 6?�e 7- -.. z!�7 ,�P'--Data Applicant AP NO. Op RE VIV"T7 AUG 2 6 1975 61 -J?PA.RXNC,- YTI �tlE T� Ail AllV11,jc,lA, 'P. iL Ti 11 6 76-2-2-442 3. A-TTmw, VARIANCB, AP 42-12-04, to minimum parcel si;,, to allow a 2 -acre parcel split frova a 20 -Acre pi,ece In an A '7 _20 "011e r located on the Nw covner Of Oak way muir Ave'., w O:C c1lico. Thd Pkesent uses On the property and In the area Were disousoed. madO a mOtion to tile 4 Negative Declaration on t1lis project Mr. Stratton the propooAl is the dividing of existin, .6indingr tilat In cOn:E6rma21e-"e With Present uses in theg facilitieg frOIA the property and is Motion. area, Mr. Planery secondeci this AYES,., PatriclK McAchren, Gary Planery, jlow,- NOBS1 mone. TOussalftts and Dave Stratton* motion Carried. BAC MINUTE18 8/25/75 0 46 NEGATIVE DECLARATION REGARDINGENVIRO NMENTAL IMPACT 1. NOTICE IS HEREBY GIVEN that 'the Environmental Review CuMmittee of the County of Butte has reviewed the project described below pursuant to the Provisions of the California Environmen- tal Quality Act of '1970 (Public Resources Code Sections 21100,,et seq.), and determined that it will not have a significant effect upon the environment. An environmental impact report will not be required, 2. DESCRIPTION OF allow a 2 -acre zone, located West of Chico. ILE AUG 2 CLARK A. NELSON, Coun�,, clork Dopufr PROJECTi Variance to minimum parcel size to parcel split from a 20 -acre piece in an A-20 on the northwest corner of oak way & Muir Ave4, Identified as AP 42-12-04. 3. FINDINGS'. The proposal is consistent With present land use, and is a separation of existing facilities. 4. NAME AND ADDRESS OF PROJECT APPLICANT: Anita D. Altman Rt. 2 Box 305 chico, cA 95926 5. A copy of the Environmental Review Committee's determ1nat- ion re- garding the environmental effect of this project is available for public inspection at the Butte County Planning Department, 7 County Center Drive, Oroville, California. Copies thereof will be provided to any person upon payment by him of�a fee of $1,00 for the first paqe and $.10 for each additional page. 6. Any person wishing to contest this Negative Declaration may file a written protest specifying the reasons.therefor. Such written pro - ,test shall be filed with the Butte county Planning Commission at the Planninq Department office within fifteen (15) days from the date this Neg'ative Declaration was filed with the County Clerk. If a written Protest is timely filed, a hearing regarding the Negative Declaration will be held by the Planning Commission, Objections may be presented either orally or in writing at the hearing, 7. If no Written protest is timely filed rega,�- . ding this Negative Dec- laration, the aPPlication for the projeci May be approved without hearing regarding the Negative Declaration. ENVIRONM�ENTAL REV18W COMMITTEE DATE- AUgust,2�, 1975 BY Lawren-ce i, Lawson Director of Planning 749 Anita D. Altman Applicant's Na- me Rt. 2, Box 305 Address Chico, CA 95926 APaE,N1)IX C LINDINGS Variance TY p e —0 f_1 -1 r—O i —ec _t AP 42-12-04 Locat on or Parce No. 8/5/75 Vate Received 1. Does the project have the potenti&l to degrade the quality of �i E,1 3 NO the environment or curtail the range of the environment narrow the range Of beneficial uses of the environment?) x 2. Will the project disadvant4e Of 1 Cause impacts which achieve short-termi to the ong-tetm, envirohmental goals? A short�term impact On the environment is one which occurs in o relatively brief, definitive period of time while long-term impacts will endure well into the fature4 x 3# Could the project cause impacts which are individually limited, but cumulatively considerable? A project may impact on two or more separate resources where the imPact on each ret. relatively small. source is If the effect f the total of those impacts on the environment is Significanto, an EIR must be preparedi This finding does not apply to two or mote'separate projects where the impact of each is insignificant, x 4. Could the environmental effects of the Project cause substan- tial adverse effects an human beings� either directly or indirectly? NOTE: If any Of the above four findings questions are answered A !"LES", the project will be found to have a sit-hifican,; effect on the environment, D2TERNINATION I ---------- W_� This project will not have a significant effect on the environment. A Negative, Declaration should be Prepared, because the p:topo8al is consj8 tent With present land usek and is a separation of ej�t acilitiet i �jng This projodt could have 6 Significant effect on the e An 91k is te4uirddo �nvjtonmeht, Date ENVIRONMENTAL. MI91,1 wmmiTrm By, La 1'rence j. Lawson Di,tedto.r of Planning 8/5/75 ANITA D. ALTMAN C-1 AP 421-12-04 DETE NINATION E 11 -ECT ONENvptogMENT Anita D. Altman, Rt. 2, Box 305, Chico, CA 95926 Applicantfs Name and ress Variance AP 42-12-04 8/5/75 Type of Proj t Location or Parcel'rio. Date Ri;ceiv An environmental -impact 'report in required for any Droject which may have a gig. nificant effect (substantial adverse impact) on the environment. Effects include environmental congoqaences of both primary and secondary nature. The following questions shall be used as guidelines to decide whether to make a negative declaration or an environmental impact report. (if answer is unknown, write "Unknown" in yes/no column.) C�2 CHR-CI(LIST YES NO 1- Could the project significantly change present uses of the project area? (See Notes.) X 24 Does the project significantly conflict with the Butte County General Plan or dnY element thereof! X 3. Could the project affect the use of a recreational Area? (See Notes.) 4i Could the project have a substantial and demonstrable neg- atiVe effect on an area or teature of aesthetic value? X S. Will any natural or man-mado features in the project area Which Are unique, that is$ hot found in other parts of the County, State, or Nation� be affected? (See Notes.) X 6. Will the project involve construction of Eatilities (,n a Sj'OPO of 25 Percent or greater? X 7i. Will the projer-'L involve significant cuts or fills? X S. Could the project cause su I bstantial flooding, erosioO, or siltation? X 9. All the project involve construction 6f facilities in An area of geologic ha2ardo X 10* Could the PtOJOct thahge existing features or involve structi0h in special building permit areas along h,, coh' . Sacra- MehtO RiVero the Feather River rloodway, in any area subject to inundation* in an area in clogn proximity to any river, stteam� laket reservoir or natural drainage channel? 11, it the project one of a series of cumulative action) which although individupuy small, may 68 d Whole have significant environmental impct? 12. Could the Project breach Any published hatiobalo state, or local standards relating to 801id Wasto or. litter conLtol? C�2 13. Does the project A or the project site serve, as Abitat, food source, nesting placeo source of water, etc. for rare or endangered wildlife or fish species? 14. Could the project significantly affect fish, wildlife, or plant life or cause substantial interferende with the move. ment of any resident or migratory fish or wildlife species? _X 15. Are there any rare or endangered plant species in the pro- ject area? X 16. Will the project remove substantial amounts of vegetation including ground cover? X 17. Could the project change existing features of any of the region's watercourses or other bodies of water? X, 18. Could the project result in significant change in the hydrology of the area? (See Notes.) X 19. Could the project significantly affect the functioning of an established community? (See Notes.) X 20. Could the 'project physically or economically result in the displacement,of community residents? X 21. Could the project sigui-ficantly affect an historical or archaelogical site or its setting? (See Nw-as.) X 22. Could the project serve to encourage developmoot of presently undeveloped areas or intensify development of already devel- oped areas? (See Notes.) X 23* Are you aware of a 8ubstAntial body of opinion (present or anticipated) thnt considers (or will consider) the proje-:t or its oftect to be adverse to the environment? X 24. 14111 the project create now or aggravate existing health bazards? X ,25. Will the project involve the apptication, use or disposal of potentially hazardous materials In an amount sufficient to cause a substantial adverse affect? (See Notes.) X 26. Could the project generate significant amounts of dust, tmoke� gas, odorso or other air pollutants? X 27. Could the project genernto sigoificint noise? X 28, Could the project cause contamination of a public water supply system or adversely affect ground water�t X 290 Could the 'project significantly affect the potential use* extrsctioh, ov conservation of a natural re6ource? (See Notes.) X 30i Could the project result in damage to soil capability or loss of agricultural land? 31, Additional rdmaks: C- 3 0 0 APPLICATION POR BNVIRONMENTAL PEVIE11 When application has been made to the County of Butte for approval of a project: wh-Lcil is nct Ministerial and is from environmental review requirements, not Categorically exempt submit this additional application, toge t110 applicant is required to t-lier with a fee of $lo (jo, to the Environmental Review Committee, c/o the Planniag wepartment,—� County Center Drivep Oroviller California, pursuant to Sections 5B And SC of tile County of Butte Procedures, for implementation of the California Envizonme'ntal Quality Action Of 1970. -Receipt No._ak, APPLICANT TO COMPLtTE 706"', Name & Address AP No. AP 42-12-04 16 Project Description 2. ApplicanLIS status (1 6 ocal *Ublic agency, state agencYt PX4vata firm or individual) 3. Punding Source (P14A, HUD, etC.) 4. Location, general description (Location map to be provided) O�ak W�a& �Mui-r �Ave�. 5. Genoralized Physical dez;cription of theproject sizet tyr of terraill, outstanding physical features, atc. - — --------------- 6i Total Projected cost 7. Anticipated scheduling ASAP 8' Assou�ated PrOJOcts UnCludci the ultimate project even if the project is to be C(ImPle'LOd in stages or phases), Parcel 144p 'When Variance is ap Road Muir Ave - #54153 .'arcel Anita D. Altman A- P_ No,. 421-12-4 Escrow No.. After Recording Refum. To: County of Butte Dept., of Public Works 7 County Center Drive Oroville, Ca 95965 TP C -N;- TY -0T F f -( R 1! -Do U E F. FEE 8156 SPACE ABOVE THIS LINE FOR RECORDER'S USE ilz wraut Br-e� For value receivedi Anita D. Altman Grmt .................. to (EITIM all that real property situate in the unincorporated area County of- ...14p-ttg .................... , State of California, descri-W as follows: A. portion of 19 according to that certain map entitled, "MAP OF THE SEVENTH SUBDIVISION OF' THE JOEW BIDWELL RANCHO, NEAR CHICO, BUTTE COUNTY, CALIFORLqIA, "' which map was filed in -the off ice of the recorder lof the County of Butte, State of California, November I , 1, 1902, in Volume 5 of maps, at page 29, more particularly described. as follows; commencing at the intersection of Oak Avenue and Muir Avenue, as described in the office oT_ the Recorder of the Countv of Butte, State of California, May 3, 1973 in Book 46 of Parcel Maps at Page 5, thence along the centerline of Muir Avenue N 00' Ill 37" TA7 a distance of 180_69i feet to the point of beginning; thence west a distance of 30.00 feet to the westerly line of Muir Avenue; thence N 00' 111 37" W along the westerly line of Muir Avenue a distance of 204.03 feet; thence east a distance of 30-00 feet to the centerline of Muir Avenue; thence along the centerline of Muir Avenue S GG" Ill 37" E a distance of 204.03 feet. to the point of beginning. Containing ..141 acres, more or less. R'W I C=, __K LIP - C) CITI 42-12-4 Anita D$ Altman Rt. 2 Box 30r, Crl?�Co$ CA M26 42-12-11 Michael G. & Laula L. Thomaq Rti 2 Box 242 Chico, CA 95926 42-12-12 Teruo H3'roqe Vagabond Trlr Village 581 2400 El Camino Nt. View, CA 94040 42-12-16 Thomaq Vone & Hazel Adam, 71 Coral Dr. Orinda, CA 94563 42-12-26 Margaret L. Schell Trustee etal Rt 2 Box 306 Chico, CA 95926 42-12-27 Sylvester & Carol Luceha Rt 2 Box 301 Chico, CA 95926 42-12-28 Mat ,$�aret SchellTrustee Rt 2 Box 505 ChIdo, CA 95926 42-12-29 John & �b y Vicarq r Rt 2 Box 304 Chico, CA 95926 42-13-15 Margaret Schell, Trustee- I�t 2 Box 304 Chico, CA 95926 Of Veteranq Affaj-r�- %Nalbert & Donzil pi,;h Rt2 Box 57 Chi L CA 95926 42-1".3-17 RLI,;qell Ruth Dodge Rt. 2 BOX 308 CA §5926 42-13-18 Emilia Ordbny Rt. 2 Box 352 Chico CA 95926 42-13-19 Alvin & Arleen Anderqon Rt 2 Box 31 Chico, CA 95926 42-13-47 Emil & Eva Freund Rt 2 Box 232 Chico, CA 95926 42-13-48 Wayne & Bonnie Erick -,on I' Rt 2 Box 232 A Chico, CA 95926 42-17-5 Beqqie M. Cheney Rt 2 Box 250 Chico, CA 95926 4. "7-6 Mi, I el & Laura Thomaq Rt 4 Bo.r. 242 Chico, CA 95526 42-17-67 Tiola Erickqon 435 Cypreqp Chicoo CA 95926 42-17-68 Hilda Umeda Etal Ha�;qllian TrUqt Co Ltd Pi 0. Box 3170 Honoluluo Hawaii T�) Gary PlanerY, D of Public Works AP 42-12-04 a '�-O minimum parcel to allow a 2 -acre --parcel split from a ��acre piece in an A-2 0 zone. 'V,')%% On the northwest Corner of Oak Way and Muir Avenue, wast of Chico. ANITA D. ALTMAN Box 3 0 5, _qhico, CA 95926 same 8/25/75 IKH Before schediiLed for Commission. D,"6 8/14/75 -lit PLANNING cohl. SEP 2 4J975 -_4f- 0. Au(jUst 14, 197:5 Anita Altman IkIti 2 BOX 305 Ciiico, CA qb926 R.ni AP 42-12-04 Deat 'Mu . Altman.- "aclosed please., fina your 0 U clieckt No. 4051 in th., o lit f $10.00 wol<,4ii werare ret-uruifuj to YOU, ilidsMUCII as *�oue check ill t4j(;�, arti,,"rit of �61),,00 coverj tim, antire fea for. yo J y Ur oatioll for a variance, $aould you .,lave any-questimin reqardinq tnIr, inatter, please contact ta�o offief'.- LAWRENCE' tl , IuMISON DirecLor of Planning M-215-aara WiA-I)'A'IhC-A U j Inter -Departmental Memorandum TO.- File rROMI Mary Dodson, Clerk SUaJECTt Altman Distribution for ERC DATE' August 14, 1915 The following received a copy of the plot plan and application: 1. Gary Buzzini, Calif. Div. of Forestry 2. Bill Hazeltine, Mosquito Abatement The foll,,ving received a form letter informing them that this a�qplicatloft has been made: 1. Chico City Planning Dept. 2. Calif. Water Service Co. 3. Chico unified School Dist. 44 Chico Area Recreation & Park Dist. 5. Chico Pi G. & E. Office 6. State Division of Highways 1. State Water QLiaiity Control Board 0 m;. Commencuig IYM marker iocated in the egMer of the inter- section of OW Way and Muir Avenue rundmig thence North along the center line Of Ymir Avenueq a Ai point whi stance Of 180-69 feet to a Ch point in the beginning point of this description; thence North 890 481 West457.10 feet to a One-half inch iron PIPO Bet in tha ground# thence North 00 05, 1,;ast 196 feet to a point; thence South 980 401 Hast 456-92 feet the center line of bluir Avenue; thence southerly along theto center line Of Muir Avenue, 197-97 feet tO the point of beginning, contain- ing two acres after exce ting the ortion Of this description thdt Is Vklthln the Muir =nue Jg9t of way. I EXHIBIT A AU G 5 1975 OROVILI.V, CALIF. In 1966 we purcliased tijo proporty in au(, ' 'Istion. It V�Is 20 acros zoned A3. It consJ sted ol" 15 acres Of 40 '40 70' year old almond trees that had bee the remains of 5 of t1le vary first orchneds planted in Cbico and planted in soveral patterns making modern farmIng quite difficult. These tr�,es wure all diseased In some way and produced loss than 60�. WO PurchaSCU this land and ,bome because it Was ideally a beautiful secluded spot to raise our c;".1dorn and teacl� V-�,ew the value of work. T he rest of Vre property lq" t"ree c"'Cres of ()�'�d COW Pasturcl t1'!1.1t we -S planted In walnuts for shade, and privacy, not production. Tb? romaining land 1�as ti,e bot,!jo� par(jens, s),ade -trees, brirn and various out bui3dings. 1r. Utman �jjpd i n 19,69 and r.,,y son.,i W(,,ro In Col 11-ge (no lOnrc.-r farmers) I had a Wry difficult tirro 11iri To Crorper becau,,,�e of tj��e low yield, t�,e walnut trees and the fruit Owc)lard planted in with the almonds. Th.e c-an-hom In n4A�� is t'rat a si'lrocrupper keeps 6('p' of the , iela and V'I�o ov,,ricr k( eps the roirmirint, and also rays for a3l i'yj,�Go ticidQS7 1'0.r td I he:rbi c _�" d t s c 0 7t i r,'P 4 C PIU ext -a 3 tO 4 &Ou8and a yoi�r to m�aintaj.n tiIis orcliard. I rel,lanted Vic Walnuts -,nto alh;onds and aa�su tool,, 011t t��,e smal-1 frvit orci-br(l and Wl,ant,�,d it. I docidr-�d nrit to parcel tl�e TMpavty and, to uj�jEradu it as lorg cj.� I yosslibly could. In Juno oi 19/G I-jitli tl,,e adv, ()f' a SUrvOY w -Its nade Uf tll(-' two iAC1'eS WiJCY, HUE COURY PLANNINS COA AU G -5 1975 OROVILI.r AML I cOnsiSted of tl,i: howo ana z's 8, own on tbe n1ap, a 10(tal contrnat wns drawn up and 1 0 J (1 440 eightOOn acres of aamond8 to I,Ir. Joe P"I'veik. I NX. Paveik is a farmer and f)a8 hi,5 o�.)n buii,e and is not in- terested �n owning t1ro orie I now live �.n. 'Asecausc, , e is ;�, Young farmer he felt Ile Would 'have the Yeilrs to devote to up -- grading this rronerty. The two aore,,� with the home could, not be divided as?it would not be feasible financially oe aest"ietically. We would each like to have clear titIO to our portions, I am not able to farin this la nd. Ir- Pavcik has done a fine job of upgrading thin Orctiard. If I atri forood to P-Urchaso hP., Pavoik's land I would have no c3oice. but to lot tl^e orchard fall into disuse. STATE OF CALIFORNIA—RESOURCES AGENCY CALIFORNIA REGIONAL WATER QUALITY -CONTROL BOARD - CENTRAL VALLEY REGION 3201 S STREET SACRAMENTO, CALIFORNIA 95816 PHONEs (916) 445-0270 452-3977 19 August 1975 EDMUND ', DROWN JR., cov1ZHNOR Butte County Planning Department 7 County Center Drive Oroville, CA 95965 Subjdcte Anita D. Altman, Parcel Splia AP 4'61.-12-04 Gentlemen! We have no objection to subject parcel split providing it conforms to this Board's Guidelines or the Butte County Subdivision Ordinance and Standards. Sincerely, WILLIAM B. BAIDWXN Senior Engineer Sacramento Watershed WBB:gs cc: Butte County Health Dept. /41 Anita D. Altivan P. t . " '12")!' 11, 1) 1; . clhicc rA 9 F) 1:1 (-, T' Ar . flo'a a "�Ou for a , 13. W1 -4 MI. r 'fcc" lit 4 tA C, L 1, V County at 7 r - r q Barb Ll ra I I gb 1bw SenterN:)er 26� 1975 Anita D. Altman Rt. 2 Box 305 Chico, CA 95926 Pp�: AP 42-12-04 Dear Ms. Altman: At the rqgular meeting of the Butte countv Planninq COmmission, held septMber 25, 1975# your apolicatiol,'for a variance to minimum oarcel rivp_ to allow a 2 --acre pjr0,!" 5nlit fro, -.I a 20 - acre in an "A-20" ZonA an prop-rty I'& ocatqd on the north- wer,t Corner Of Oak Way and MUJr Ave,, t4est of Chico, was continued onc� w-!�e!,-e inasintic-li as a full COM4 ssion was not pr, -sent. The meetinq ��ill commence at 7t3O p.n.p Board of Room, County M[ministration Bllildinq, 1859 Dird Strent, Oroville, California, SbOuld VOU have a','Y (Illestions r0qardin,9 this matter, Please contact this office, ,By Abw Sinceraj.y, LAWRENCt j. rAWSON 'Director of Planning )otolv�r 3, D715 ri Anita Do. Altman. Ft. 2 11ou 3s)q Chico, QN 95026 42-12-04 Al% t.4ct.- regular r aetinc , ;1 a .1 of 14he 13utte County Planninq Commission, ^-14 October 2# 19750 tfle COMMiO310n aPPrOved Yuur auplication Eor 4 variance to mini.,,Aum g)vkrc.��l 1-,ize to alli-4 -t 1-acte 'parcal split "r4:mi a 20 -acre parcel In an "A-201' zonet for nri.pnrty locat,�d ou the narthwv;t corw�r of Oak V'ay and !'Mir Ave., uast of Cilloo. Tnin varit41M. 14 qrai�ted Subject to an durinq the 8 day appeal pariod Which end5 at 1:00 O.M6 on October ID75, 14 no appaals ar"., reO�iVedo YOUt variance will bo Considerad qranted after that date. S"Ould You have any questions regarding this r.atter,, please cb;itact t�jit office. Sincerely, LAWPENC8 J, LAtj.c,'()jj Director Of Kwinino, /bw cc, Ilualia 'iorits im-pt. 11nalth r�ejjt' 11 0 BUTT111 CORIT IT C 1TWICE oD� PuBLI ii . c_LU IN S Notice is hereby given b7 the Butte County Planning �ubllc hearing-, will bo lic-ld on *Thurrtdayn qeptemb t1lat let 18a 19750 at #30 p.m, in the Butte County Board of Sapervisor4O Room, Bw!te C�unty Admini-,-tration Buildingv Oroville, Califo following: rnlav regarding the ITP,K 011 WHICH , -`TX,.4T1Vr,, DMI-ARATION RMARDIM' M-.IVIRQI.)74J,-' MAIO TPWACT HAI�% BEU-J X4111.C.D 1, Church of J&suq chriqt of Latter ,,Oy 3ajxlt� lj Q11OW a QUatvl.-Public Building for t4e aq c "e Permit to la '1,4roofliq on, Mroperty zoned "AR -HI -311 Mobile Home) ated on the nortil qide of Camplao Drive, apprwtimatply (5'.00 feet we -qt of Clark Roadv JdentifiOd no AP 41-12-73 (Portidn) 'adjacent to Butte Coll,ege. 2. Anita 1). Altrri�n Va,.-,once to minimum arcel qiv.e to allo1q, a two Scre Patcel to be etplit f rom a 2 acre parcel ill an cultural) zone located on th6 northt-re Of a Way and qt corner of Ch.co. T�fuit AVenu(--q identified so AP 42-12-04v yfe-�A: The above mentioned 6pplicatio, pel,-iti0n,�, MiT , draft envix%�n- "110 i._0 -ntal iml)ec-t rePortm and/or negat reportq on file and JJVnJl- ablo fot �ubliq viewing ot the of4ice Qf, the Bw-.-to- county planl.ling Department, 7 County cepter D1- - iVe,, Orovillo, Ca'if()rnia. r4Awit.on menta C I 1 TmPA t X0.P0rtq are alqo avoilable at college and county libr4tioq, BVTT1-,', COIJ�rjy LAt?R WIC141 J. IA14SON DIRECTOR OF MAIM33 TO BE PUSLJSJJr-,D -N Tfir,. (,I-110,0 L,-NTMprZXSg RECt,,� S8PT9NBBR 6� 1.9750 "ID ljkT SATURD4Yf 7�) -4 . A 4- 7 IV' ce 47 BUTTR COUNTy pLANNING C014MXSSXON STAFF FINDING8 - SepteMj)er or 1975 B. VARTANC13, An'ta D. llltivat - Variance tO minimum parcel size to "allow a two -acre pal.,081 to be split C.rom Parcel in an "A-200 (AgriaLlIt a the northwoot aoxnez� of 'Ural) Zone located on Oak Ilay and Muir JAvenue, idOntified as AP 42-12-04, Urest of Chico This is a Variance requent to allow a W 26AG at the intersection Of Muir Avenue 0�-aore parcel in all "A-201' This parcal �f&s CxGated Se-Weral yea.r aAd Oak Way in Chico. �.; ago bY W'L unrecorded contr&ct of sale W" the aPPlicailt is attemptAng to correct them situation by a reque8t - -�Or a Variance for the tX.,yo.-acro p4rool in the "A-2011 zone. Section 16 cf tho Buj-,te COUnty r3nabIjj,.g Ordinance, V&r an .j. ces, states_ Variances fr,), t:�,Ie t.G'Lms of t only when, becluse of 'he 20ylineY ordinance shall be granted including size, 8 apecial aPplicable to the property# hti,qo, tL)jjoqr,!jpjj jocatio strIct applicaAton n Or surroundings, the e� MI." the OrdiiancG, ftVaves such property O:r privi- 10ges anj%ted by other ptclarty in the claggificat'i0n.11 V'U'nity and Under identical the COMnissI-Vi Can make thi�s* Zindinga gZant thIs var&&t-,kj,,.0. it would be appropriate to - 2- 13UTTE COUNTY PLANNING COWKIISsiotj MINUTES - September 18, 1975 B . VAR I APT CE CAssette 76-1-1-570 Anita Dk Altman - Variance to minimum parcel size to allow a t,,jo-acre parcel to be split from a 20 -acre parcel in an "A-2011 (Agricultura:L) _Zone located on the northwest corner of Oak llay�and Muir Avenue, identified as AV 42-12-04t west of Chico 1�4`aff findincrs. A Negative Declaratic),-- '�eoarldinq Environmental Imact was filed on Auqust 26, 1975 and there wrr, Proponent8t Anita D. Altmi�-j sa3d that the prorierty was sold in June of 1970, surveyed in 1975 and the cOnttadt recorded April'30, 1975. (755) Mr. Lawson explained that the Orese.nt 14.-20 zorj,�� iq Bidwell's 7th Sub. (10 -acre) lots in this area,, � over the zoning in 1970 uas A-3, (5 -acre minimum si It� also 4OLC" that: ze). The hearing was closed (790) dhd Motion for aoproval Camenzind, findinq that oarcels of siMil made by Comm'ss, I ioner anproved in the area in the �Djst. 11ir, ar size and shabe have been The'bach. motion Was seconded by 'conuilissioner A"S: Cbmmi8siOnerS CaMenzind, Moorl.,, Smith and Thebach. *11MS Commissioners Gilbett, Hanfordo V,atters and Svlva. ABSENTi Commissioner Tqatson, !4o action. Chairman 8ylva requo5tcd staff to direct commic;r,,oner tqr-lt8on to li, to the taoo for this hearibq and continuo I I sten September 25. d the item for action on 0 0 BUTTE COUNTY PLANNING COMMIS81ON MXNUTES - September 2b, 197,5 A- VARIANCES Continued Etom Ao,,4-.mber .18- eor Commission action onlyt 1* Anita B. Altman - Variance to min' --------- zz;-� I Parcel Size tc, allow a tWo-acre Parcel to be split from a twenty - acre parcel in an "A-20', (Agricultural) zone 16- Cated on the northwest corner Of Oak Way and Muir CAssette Avenue, identified as AP 42-12-04t West of Chico 76-2-1-192 Eugene A. Ringel, 331 Wall StrOeto Chico, representing the applicant, asked that the hearing be reopened. Hearing nothing to the contrary from either Commissioners or people in the au Complied with his request. die"�',�, Chairman Sylva Proponents: Mr. Ringel then? with the aid of maps, reviswed the history of this propertyt commented that Mrs. Altman's other alternative would be to repurchase the 18 acres which she ld not afford to do, and suggested that the right to build house8cou on the remaining 18 acres be waived. Counsel commented that Private covenants are unenforceable by the County, Opponents: None. The hearing was closed and motion fot approval made b commissioner Camenzindi finding that this d* y Ivision meets requireme-It:s of Code Section 65906 regarding Variaftce8o and not to grant this variance Would deprive this property of privileges under enjoyed by other property in the vicinity identical "ninq classification. c Commissioner Moore. - His motion was se onded by `�Y8S9 COmmigtionOrs CAmenzindo MOOrOe Smith and Watson. NOES! Commissioners Hanford who was unable to find that the division meets either the letter Or spirit (in Code Section 65906, Watterst and Chairman SYlva who agreed With Commissioner Hanf!ora 1910 When the and added that in I the Parcel there was -4c-re M'himUm parcel size applicable to the area, a initial attempt Wag made to croate ABSENT6 Commissioners Gilbert: and Thebach, NO action, Chairman 8ylva COntinucld this mattot—for Comm, until October 2, it the h I 188ion action only-- opes a full CommitSiOn Will be protett, BUTTE 'COUNTY PLANNING'Cok4issION MINUTES - OLober 2; 1975 A. VARIANCE CONTINUED FROM SEPTEMBER 25 rOR COMMIS810M ACTION ONLY: 76-9-1-33 1. Anita B. Altman - Variance to minimum Parcel size to allow a tworacre parcel to be split" from a twenty - acre parcel in an "A-20" (Agricultural) zone, located on the northwest corner of Oak Way and Muir Avenue, identified as, AP 42-12-04, west of Chico Motion for approval was made by Commissioner Camenzind, finding that this division meets requirements of Code Section 65906 regarding Variances, and not to qrant this variance would deprive this property of privileges enjoyed by other property in the vicinity under identical zoning classification. His motion was seconded by Commissioner Moore. 11 AY"S: Commissioners Camenzindt Moore, Smith and Watson. NOES: Fer samno reason as last jqeek- "Commissioner HarAord who was unable to find that the division meeLa either the lette- or spirit of Code Section 65906, Watters and Sylva who aqreed with Cr,m�'missionor Hanford and chairman Sylva added that in 1970 when the initial attoiript was made to create the parcel, there was a 5 -acre minimum barcel size applicable to the area." P.BSENT,.- Commissioners Gilbert and Thebach. No - action. After a lengthy discussion as to the advisability of continuing -this, matter ±or action oh dctober 23 or permitting the appAcant to 6airy her request to the Board of 8uporvisotso comnii8sionot Ilatters asked for a teVotO. AYESi Commissioners CaMenZindo Mo6tet SMitho WAtson andWatters— stating th,-. he felt this to be the desire c ' IL -he maJority of the members of the Commission even though some were absent. NOtgt Hanford and sylva. ABSENT: Commissioners Gilbert and Thebach. Motion cartiedo 4�' wM at a marker X0Cgt,d 4- thO center of the sectid— O -L OWc W4Y and Mutt &Ve-" inter - the nuop running thence North alon center line Of Muir Avenue, a distance of 180.69 point which point in the beginning point of feet thence North 89* 481 to this desc"'.*tion; PIP* 90t in the west 457Ao feot to a one. -half inc roundi.thence North 0 h iron apoint; t:hGncO gouth 0 401 & 0 05' Radt 196 feet to line Of kbir Avenue, thenc ast 456.92 feet to t1' center of Klir AVG-auG. 197,297 feee Southerly alo,,,Ig the c ­'� t to the point of enter lina tr�S twO acres afte b InXiings, contain- thjit is wtL r el"Icepting thO Portion of in the MuirAvenue right of way. tuo description V EXHIBTr A I COU'litt PL ; VIVO AUG r., 1 0 197,5 11 UY A'i I supik'! oT1tplj4,q8 " 5 19? D-N;r Fl CC SOW :57W,4, AwrievA.0 ZL u ..,-I-AVENUE 00 co .0 C14 1-i,r0AAJ1A v FILE COPY aA. —4 UDI it count atin AU^ a 1975 .9 w Z4.�� bATH R u Pubtic SALKS MAPS I Ptc" ITS AnJANCKS DOCUMKNra ZoNima TAX OTHotiv OFFICIAL RECEIPT COUNTY OF BUTTE STATE: OF CALIMINIA OFFICE! Or PLANNING RECEIPT NO. Isium 0 z " � W�"'tr,4 , � "�a4L-