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Home My WebLink AboutMVAR 00-02_PLANNING r � u � V NMIUN �NNV� � InI � VIMIV SEPARATOR.. SHEET. APN p(oq — Sib — OSS PROJECT NUMeEa mvaR ov — o2 PROJECT SUMMARY SHEET FILE#: MVAR 00-02 PROJECT TYPE: Minor Variance APPLICANT: Allan Hibsch ADDRESS: #4 La Foret,Oroville, CA 95966 OWNER: Stanley Beecher ADDRESS:48 RelgaLWay,Oroville,CA 95966 REPRESENTATIVE: Chris Seegert ADDRESS: 6103 Old Olive Hwy.,Oroville,Ca,95966 PROJECT DESCRIPTION: A Minor Variance related to side street set back.Req s ' g 4'reduction to 20'setback requirement,as per chapter 10, Streets and Highways, on east side of propeM PROPERTY ZONED: AR-1 (Agricultural Residential, One Acre.) LOCATED: 171 Lodgeview Drive and Regal Way,Oroville, CA,95966 AP#: AP#069-580-055 TOWN/AREA: Oroville CA GENERAL PLAN DESIGNATION: AR(Agricultural Residential) Amount: % 350.00 Receipt#: 18383 2. Comments sent to: 3. Comments received from: 4. Rezone Petition Signatures Checked: 5. Mailing List/Lead-in Sheet: 6. Assigned To: 7. Environmental Determination: State Clearinghouse No: Categorical Exemption-CEQA# Negative Declaration Mitigation Negative Declaration Subject to Fish&Game: Environmental Impact Report Gen.Rule Ex.-CEQA# 15061.(bx3) Other 8. Staff Report: Project Video: 9. Clearinghouse circulation required: Yes No Date Sent to SCH: 10. Publication Notice Written: Display Ad Prepared: 11. Notices Mailed: Number of Notices: �s 12. Newspaper Publication Date: /"/� O C P G B 13. Planning Co ssion Hearing(s): Action taken: Special Conditions: Commission Resolution No. 14. Board of Supervisors' Hearing(s): Action taken: Board Resolution No.: Ordinance No: Adopted: 15. Type Use Permit/Send-for signature: 16. N.O.E./N.O.D./APPENDIX G: Fish&Game Fees Paid: Yes No IT. Send validated Use Permit: 18. Assessor's Memo: 19. Copy of Use Permit/Variance to Planning Technician: Allan Hibsch -Minor Variance to allow a 4 foot reduction to the 20 foot setback requirement, as per Chapter 10, Streets and Highways, on the east side of the property. The property is zoned A-R (Agricultural Residential) and located at the southwest corner of Lodgeview Drive and Regal Way, Oroville. APN 069-580-055 (SH) (File MVAR 00-02) It was moved by Commissioner Mooney, seconded by Commissioner Lambert, and unanimously carried to approve the Minor Variance for Allan Hibsch, MVAR 00-02) subject to the findings and condition listed below. I. Adopt a Categorical Exemption with the following finding: A. Find that the Minor Variance for Allan Hibsch is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) under Section 15305 (Class 5)of the CEQA,which states that minor alternations in land use limitations can be approved in areas with an average slope of less than 20%, which do not result in any changes in land use or density, including but not limited to side yard, and set back variances not resulting . in the creation of any new parcel(Section 15305(a)). Section 15300.2(a) further allows for a Class 5 exemption upon consideration where the project is located. It states that a project, that is ordinarily insignificant in its impact to the environment may in a particularly sensitive environment be significant. There are no environmentally sensitive areas on the area undergoing the minor variance and does not contain slopes that exceed 20%. II. The project will not have an impact to fish and/or wildlife habitat. The project is located in an 18 year old subdivision in a well developed residential neighborhood. Department of Fish and Game fees pursuant to Fish and Game Code Section 711.4(d)(3) and 14 CCR 753.5 are not required. III. Approve MVAR 00-02, Minor Variance for Allan Hibsch on APN 069-580-055 to allow the construction of a new Single Family Dwelling four feet into the side yard setback of 20', as per Butte County Code Chapter 10, Highways & Streets, subject to the condition(s) found in Exhibit A and with the following findings: A. There are special circumstances applicable to the property(size, shape,topography, location or surroundings) or the intended use of the property, and because of this, the strict application of zoning standards Code deprives the property of privileges enjoyed by other properties in the vicinity under identical zoning classification. The Butte County Zoning Code, Chapter 24, Section 24-35.40, provides for side yard setback reductions in 5' increments down to 10'. This project is located on a nonconforming size parcel in the AR-1 zone. B. The Minor Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone and denied to the property for which the Minor Variance is sought. The neighboring parcels have single family dwellings built on them. The applicant wishes to build a single family dwelling on his parcel. The applicant is subjected to two front yard setback requirements, as per County Code, Chapter 10, Highways & Streets. The neighboring parcels on Regal Way, larger in size and with only one front yard setback, enjoy 10' side yard setbacks. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ JULY 27,2000 ■ r� C. This Minor Variance will not be detrimental to the public health, safety or welfare; or injurious to the property or improvements in such vicinity and zone in which the property is located. The public health & safety will not be jeopardized by the property owner receiving approval to construct his house 4'within a 20' setback,bringing it within 16'of the property line. The purpose of Chapter 10's requirement for a 20' front yard setback on corner lots is to assure appropriate lone-of-sight distancing for street traffic. The Department of Public Works has performed a field review and has determined the proposed structure will not cause a traffic safety/sight distance problem. D. This Minor Variance will not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated because the applicant is only requesting to be allowed to construct a home on his parcel as the neighboring property owners already done. In seeking a minor variance to reduce his side yard setback from 20' to 16', the applicant is still going to have a greater side yard setback than the 10' setback required of the neighboring properties. Approval of the minor variance will bring the applicant's project into closer alignment with those privileges his neighbors already enjoy. E. This Minor Variance will not allow a use or activity which is prohibited by the zoning regulation governing the parcel of property. The AR-1 zoning classification's site requirements require a 20' setback on corner lots, there is provision in Section 24-35.40 to allow nonconforming parcels to reduce the side yard setback. The nonconforming parcel was created in 1982, while the AR-1 zoning was created in 1984. F. This Minor Variance will not be.incompatible with the Butte County General Plan. The General Plan Land Use Element designation is Agricultural Residential. The Land Use Element identifies residential use as a"Primary Use." Approval of the minor variance shall enable the applicant to fulfill the General Plan's "Primary Use" for APN 069-580-055. Condition of Approval: 1. Applicant must comply with all other applicable State and local statues, ordinances and regulations. ■ BUTTE COUNTY PLANNING COMMISSION ■MINUTES ! JULY 27,2000 ■ Allan Hibsch -Minor Variance to allow a 4 foot reduction to the 20 foot setback requirement, as per Chapter 10, Streets and Highways,on the east side of the property. The property is zoned A-R (Agricultural Residential) and located at the southwest corner of Lodgeview Drive and Regal Way, Oroville. APN 069-580-055 (SH) (File MVAR 00-02) Mr. Hackney gave a brief summary of the project. He stated that Public Works had no problems with this application. The hearing was opened to the public. Allan Hibsch said they agree with the staff report and conditions. He said they need this space to avoid • eliminating two live oak trees. He said this will give them more turning radius. The hearing was closed. Mr. Wilson explained the hearing process. He stated that this will go to the Planning Commission, on their Consent Agenda, on July 27, 2000. He explained that if this is approved at the Planning Commission there is still a 10 day appeal period before the permit can be issued. Mr. Wilson concurred with staff's recommendation to recommend to the Planning Commission that the Minor Variance for Allan Hibsch, MVAR 00-02, be approved subject to the findings and conditions listed below. ACTIONS FOR CONSIDERATION: Staff recommends that the Planning Commission take the following actions: I. Adopt a Categorical Exemption with the following finding: A. Find that the Minor Variance for Allan Hibsch is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) under Section 15305 (Class 5) of the CEQA, which states that minor alternations in land use limitations can be approved in areas with an average slope of less than 20%,which do not result in any changes in land use or density, including but not limited to side yard, and set back variances not resulting in the creation of any new parcel (Section 15305(a)). Section 15300.2(a) further allows for a Class 5 exemption upon consideration where the project is located. It states that a project that is ordinarily insignificant in its impact to the environment may in a particularly sensitive environment be significant. There are no environmentally sensitive areas on the area undergoing the minor variance and does not contain slopes that exceed 20%. t II. The project will not have an impact to fish and/or wildlife habitat. The project is located in an 18 year old subdivision in a well developed residential neighborhood. Department of Fish and Game fees pursuant to Fish and Game Code Section 711.4(d)(3) and 14 CCR 753.5 are not required. III. Approve MVAR 00-02,Minor Variance for Allan Hibsch on APN 069-580-055 to allow the construction of a new Single Family Dwelling four feet into the side yard setback of 20', as ■ BUTTE COUNTY PLANNNGSERVICES MEETING ■ MINUTES-JULY 12,2000 ■ PAGE 1 ■ 1�w _ , per Butte County Code Chapter 10, Highways & Streets, subject to the condition(s) found in Exhibit A and with the following findings: A. There are special circumstances applicable to the property (size, shape, topography, location or surroundings)or the intended use of the property, and because of this, the strict application of zoning standards Code deprives the property of privileges enjoyed by other properties in the vicinity under identical'zoning classification. The Butte County Zoning Code, Chapter 24, Section 24-35.40, provides for side yard setback reductions in 5' increments down to 10'. This project is located on a nonconforming size parcel in the AR-1 zone. B. The Minor Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone and denied to the property for which the Minor Variance is sought. The neighboring parcels have single family dwellings built on them. The applicant wishes to build a single family dwelling on his parcel. The applicant is subjected to two front yard setback requirements, as per County Code, Chapter 10, Highways & Streets. The neighboring parcels on Regal Way, larger in size and with only one front yard setback, enjoy 10' side yard setbacks. C. This Minor Variance will not be detrimental to the public health, safety or welfare, or injurious to the property or improvements in such vicinity and zone in which the property is located. The public health & safety will not be jeopardized by the property owner receiving approval to construct his house 4' within a 20' setback, bringing it within 16' of the property line. The purpose of Chapter 10's requirement for a 20' front yard setback on corner lots is to assure appropriate lone-of-sight distancing for street traffic. The Department of Public Works has performed a field review and has determined the proposed structure will not cause a traffic safety/sight distance problem. D. This Minor Variance will not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated because the applicant is only requesting to be allowed to construct a home on his parcel as the neighboring property owners already done. In seeking a minor variance to reduce his side yard setback from 20' to 16', the applicant is still going to have a greater side yard setback than the 10' setback required of the neighboring properties. Approval of the minor variance will bring the applicant's project into closer alignment with those privileges his neighbors already enjoy. E. This Minor Variance will not allow a use or activity which is prohibited by the zoning regulation governing the parcel of property. The AR-1 zoning classification's site requirements require a 20' setback on corner lots, there is provision in Section 24-35.40 to allow nonconforming parcels to reduce the side yard setback. The nonconforming parcel was created in 1982, while the AR-1 zoning was created in 1984. F. This Minor Variance will not be incompatible with the Butte County General Plan. The General Plan Land Use Element designation is Agricultural Residential. The ■ BUTTE COUNTY PLANNING SERVICES MEETING ■ MINUTES-JULY 12,2000 ■ PAGE 2 ■ - rJ Land Use Element identifies residential use as a "Primary Use." Approval of the minor variance shall enable the applicant to fulfill the General Plan's "Primary Use" for APN 069-580-055. Condition of Approval: 1. Applicant must comply with all other applicable State and local statues, ordinances and regulations. — - - ■ BUTTE COUNTY PLANNING SERVICES MEETING ■ MINUTES-JULY 12,2000 ■ PAGE 3 ■ _ h DEPARTMFINT OF DEVELOPMENT SERVICES BUTTE COUNTY UNIFORM APPLICATION APPLICANT: Agent information to be provided is on other side: APPLICANT'S NAME(If applicant is different from owner an affidavit is required) ASSESSOR'S PARCEL NUMBER: A /I a.-I Ni 5 rG.Ll 6 `l— S-00— ADDRESS: '8— ADDRESS: CITY,STATE&ZIP CODE: FILE NUMBER: (FOR OFFICE USE) rX-- 'f- C) cod t"Cf c Cd o 21-56 6 DCS NAME OF PROPOSED PROJECT(If any TELEPHONE N w kto ( 370) SI-0/39.S" LOCATION OF PROJECT(Major cross streets and Address, if any) / R 1 t7 1 C c c.Q 'C i✓i t eo b q%'&C &C TV *,[(r_ Cas r ,C-r C 04Y t`i!t t t4J A r" 4 W a t Ori. i N;iq>r:::' -k:;;,, r ':4E; .i ::fv s.: .:•.iv�:f'�{i.`�.sr 5F GENERAL INFORMATION REQUIRED , ,.> OWNER NAPM,E L EtZ TELEPHONE O — O142 r ��7•-ap � } ADI DRESS: CITY,STATE&ZIP CODE: 3 wk`s �l.E- s ZONE GENERAL PLAN EXISTING LAND USE SITE SIZE(in Square Feet or Acres) f x 16v t EXISTING STRUCTURES(in Square Feet) PRO/POSED STRUCTURES(in Square Feet) At (Check One) , (Check One) ` PROPERTY IS OR PROPOSED TO BE SEWERED PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER :. ❑ PROPERTY IS OR PROPOSED TO BE ON SEPTIC ❑ PROPERTY IS OR PROPOSED TO BE ON WELL WATER .:.fir:;•• ..,.Y,: w-r -: .hC • ,;:>y...• ..> •moi\`'. - .::l:�i>: APPLICATION REQUESTED „..%.,... ❑ GENERAL PLAN AMENDMENT ❑ TENTATIVE SUBDIVISION MAP RECEIVED 13REZONE ❑ TENTATIVE PARCEL MAP ❑ USE PERMITMALI' �,I . Z00� _ E3 WAIVER OF PARCEL MAP MA uY ❑ BOUNDARY LINE MODIFICATION E3 VARIANCE BUTTE COjjl�j►j�i ❑ LEGAL LOT DETERMINATION PLANNING DIVISION' , MINOR VARIANCE ❑ CERTIFICATE OF MERGER ❑ ADMINISTRATIVE PERMIT ❑ MINING AND RECLAMATION PLAN ❑ DEVELOPMENT AGREEMENT ❑ OTHER PROJECT DESCRIPTION r. ,. ...... FULL DESCRIPTION OF PROPOSED PROJECT(Attach necessary sheets. If this application is for a land division,describe the number and size of parcels.) ` O L, '.� Q X (C6 r- C% V- t tje�v. r.e c.rf;ad Oh SHnezE SeI` S�tcfe o`er C�is � �CK c �O r 4/ 1 caKct �.. � 'Z .Ve tic © I a � I m OWNER CERTIFICATION I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER,I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE. (If an agent is to be authorized,execute an affidavit of authorization a affidavit with this application.) DATE: 3 z®� SIGNATURE: e � AGENT AUTHORIZATION To Butte County, Department of Development Services; Print Name of Agent and Phone Number , -1/ ,-a 7` G t ©)-o V r Mailing Address is hereby authorized to process this application for on my property, identified as Butte County Assessor Parcel Number 5-0c, This authorization allows representation for all applications, hearings, appeals,etc. and to sign all documents necessary for said processing, but not including document(s) relating to record title interest. Owner(s)of Record: (sign and print name) Print Na a Print Name Signature Signature Architect and/or Engineer: G r j--4- (5-38) , Print Name of Architect/Engineer and Phone Number 610 -3 0(d Mailing Address FOR OFFICE USE ONLY Verify: Date Received: S A It 0 Total Amount Received: t ,� v AP Number(s) Legal Description —�`Owners Authorization Zoning Requirements ject Description Copies of plot plan Taken b Receipt No. E.H. LD Plan FD Payment of the currently required Application Fee and/or Deposit (Any unused portion of a deposit) will be returned upon final action. Current fee for this application is $ � � 0c� as of Make check payable to"Butte County Treasurer". i COUNTY OF BUTTE ENVIRONMENTAL INFORMATION FORM (To be Completed By Project Applicant) Date Filed 45 4/OO General Information: 1. Name d address of ow r, and/or developer, and/or project sponsor: `rA-111-�y � 2. Address of project: 7 Jy f if c Assessor's Parcel Number: 3. Name, ad ess, and telephone number of person to be contacted concerning this project: hr Z S 4. List and describe any other related permits and other public approvals required for this project, including those required by city, regional,state and federal agencies: /V--w Lt v+,. .c i I -�=�1r1 f �L�' S�W a r Ga�9/� �J r�...i�' to tiQ a�r:✓rw g ttrw i o 5. Existing general plan designation: �Q 6. Existing zoning district: �{ - 7. How is land currently used? ce,' F l a k 8. Proposed use of site (Project for which this form is filed): At to cu /c 4G n,;67 Project Description;_ 9. Site size:_ (Acres/Sq. Feet) 10. Off-street parking spaces: Full size: Compact: Total: 11. Plans attached Yes No 12. Proposed development schedule 13. Associated projects t 14. Anticipated incremental or phased development 0 Butte County Department of Development Services 0 Planning Division 0 1 Attach description of project containing the following information: 15. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. M r- w s i "51_— /'� �L7 t x ,e� 16. If commercial, indicate the type,whether neighborhood,, city or regionally oriented,square footage of sales area and loading facilities. 17. If industrial, indicate type, estimated employment per shift, and loading facilities. 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. 19. If the project involves a variance, conditional use, rezoning application, or any development permits,state this and indicate clearly why the application is required. If permits have already been issued, please attach as ExhibitIii hc9r u�ria�*►r t r >; �..g_ a,ggh'e .# c -iece SS„ Are the following items applicable to the project or its effects? Discuss below all items checked yes(attach additional sheets as necessary). YES NO 20. Change in existing features of any hills, buttes, canyons or substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or roads. 22. Change in pattern or character of general area of project. 23. Significant amounts of solid waste or.litter. _ 24. Change in dust, ash,smoke,fumes or odors in vicinity. _ e/ 25. Change in bay, lake, river, stream or ground water quality or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. 27. Site on filled land or on slopes of 10 percent or more. _ 28. Use of, or disposal of potentially hazardous materials, such as toxic substances,flammable or explosives. _ 29. Substantial change in demand for municipal services (police,fire,water, sewage, etc. including special districts). _ v 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). _ J 31. Relationship to a larger project or series of projects. 0 Butte County Department of Development Services 0 Planning Division 0 2 Environmental Setting: (Attach brief description) 32. Describe the project site as it exists before the project,including information on topography,soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. Uc4cc, f (e u c / Sa54d°/Cf«y 33. Describe 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 (one-family, apartment houses,shops,department stores, etc.), and scale of development(height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. Ss.cr.�h�oQ:�S /o�r to►t setr". Ht•' OeC-XCf-'r1*Cd /t7 '•'t 3 L�,C s NC� �(t� /O{�' Certification q L I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date Signature 3 O U K:\FORMS\ENV-INFO ❑ Butte County Department of Development Services ❑ Planning Division ❑ 3 r' k I i vj 1 1 i 4 t r i i i i hp i n « . \ \ � _ . \ _ . . , _ � __ . \ § � � } �� . . ; . § � \ � \ � � * | � � � | � / §| � � � � £ � | § « . � . . . . � . § . . . � ( � \ . � ]. . . . . � . . � | � . . . , . . ) � � ] � . � � � - ' } � � j{ � � � . . . . _ . . . . . � | . . . � . - - - - � � § � . \ » ° � \ ` � � ; : } ` � � � � } ) � \ � ' . - . . . . j \ . . . � � \ . � � , . , . . ) � . ) � . \ ' \ . . \ � [| � \ . � ` \ � � . . � \ \ � � - � \ . \ | a : . � � � . » \ \ � _ � �| . � � ` ` � � . . \ \ . | � \ � ~ � � � � . � � � � � ] � � . � � \ | . : § | � � . . � \ . . . � }\ � � � , . � . , � . � � . . . . . . . \ | _ . . ._ . � . . . } � | � > \ . { ! | - . --� ---� .-- . . . — - �� 069580005000 069580038000 069580039000 RICHARDSON H MICHAEL STRICKLAND FAMILY REVOCABLE NICHOLS RALPH C&RUBY A 3938 HAPPY VALLEY RD TRUST 18622 KESWICK STREET LAFAYETTE CA 94549 180 LODGEVIEW DR RESEDA CA 91335 OROVILLE CA 95966 069580040000 069580041000 069580043000 DUNLAP STEVEN J&PHYLLIS D HEMSTALK JEFF D&SUSAN ANN SMAY CHARLES W&JUDITH A 168 LODGEVIEW DR 2341 FOOTHILL BLVD 44 REGAL WAY OROVILLE CA 95966 OROVILLE CA 95966 OROVILLE CA 95966 069580044000 069580049000 069580054000 TOZY AMEER S&GAIL A BAUMAN DONALD&JENNIFER L HOUGHTON DONALD 16510 JACKSON OAK DR 3542 ARGONAUT AVE 35 REGAL WAY MORGAN HILL CA 95037 OROVILLE CA 95966 OROVILLE CA 95966 069580055000 069580056000 069580057000 BEECHER STANLEY RICHARDSON EHREN MICHAEL BALTA AUREL FILIMON 48 REGAL WAY P O BOX 1294 1741 W ORAIBI DRIVE OROVILLE CA 95966 LAFAYETTE CA 94549-1294 PHOENIX CO 85027 IIiIiiiiiIiIiIiiiIIiiillillililI \\13CDEV1\RPARKS\1 069580063000 letters\letter templates\ ROARK RONALD L&CLAUDIA Labels planning\ 23 REGAL WAY OROVILLE CA 95966 MVAR 00-02.dOC APPENDIX A NOTICE OF EXEMPTION TO: _ Office of Planning and Research, FROM: Butte County Planning Division 1400 Tenth Street, Room 121 7 County Center Drive Sacramento, CA 95814 Oroville, CA 95965 X County Clerk County of Butte 25 County Center Drive Oroville, CA 95965 Project Title: MVAR 00-03, Minor Variance A G — 8 2000 Assessor's Parcel No.: AP#069-580-055 AND E . CLERK DEPUTY Applicant: Allan Hibsch, #4 La Foret , Oroville, CA 95966 Project Location-Specific: 171 Lodgeview Drive and Regal Way, Oroville, CA, 95966 Project Location-City: Oroville Project Location-County: Butte Description of Nature, Purpose and Beneficiaries of Project: A Minor Variance to allow a 4 foot reduction to the 20'set P p J back requirement, as per Chapter 10, Streets and Highways, on east side of property Name of Person or Agency Approving Project: Butte County Planning Commission Exempt Status: (Check(One) Ministerial (Sec. 15073) Declared Emergency (Sec. 15071(a)) Emergency.Project(Sec. 15071 (b)and (c)) X Categorical,Exemption. State type and section number: 15305 (a) Reasons why project is exempt: Minor lot line adjustments, side yard, and set back variances not resulting in the creation of any new parcel; Contact Person: Stephen Hackney Telephone: (530) 538-7601 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes No Date Received For Filing: Signature, andy Wilson Principal Planner v REOEIVED j:\linda\noe.nod\noe.#1 -SEP 2 l 't',-"4J BUTTE COUNTY PLANNTNr T)TVTgT0N t 1 Gfd11A Ctrl-.%f 1 Comz Milli co cr[a r x Pta f tECLARATION OF FEES DU•(Palnia Fish and Game Code Section 71 4) NAME AND ADDRESS OF APPLICANT Allan Hibsch # 4 La Foret Oroville, CA 95966 FILING NO. Project Title/file number: CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION (X) A. Statutorily or Categorically Exempt $25.00 Clerk's Documentary Handling Fee ( ) B. De Minimus Impact- Certificate of Fee Exemption $25.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION- FEE REQUIRED ( ) A. Negative Declaration $1,250 State Filing Fee $25.00 Clerk's Documentary Handling Fee ( ) B. Environmental Impact Report $850 State Filing Fee $25.00 Clerk's Documentary Handling Fee 3. O OTHER(Specify) $25.00 Clerk's Documentary Handling Fee PAYMENT/NON-PAYMENT OF FEES: 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s). 2. ( ) NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Randy Wilson Title: Princinal Planner Lead Agency: Butte County Department of Development Services Date: August 7, 2000 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. Nl- X NI Nl-NX 77 RECEIPT` TOTAL - PUSLIC P�IBLIC' ENV.' NOE/NOD DATE NO. RECEIVED WORKS lAFCO PLANNING SALES HEALTH , FIRE F/G FEE OTHER APPLICANT RECEIVED FROM RECEIPT 18 611 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA `�• OFFICE OF PLANNING r• ISS BY .y 4t . . COUNTY OF BUTTE 0 RECEIVED Oroville, California SCP 2 S GENERAL CLAIM BUTTE COUNTY PLANNT»-f-T�'TVTSI0N CLAIMANT: Allan Hibsch ADDRESS: 4 La Foret CITY & STATE: Oroville, CA 95966 DATE OF CLAIM: September 26, 2000 IMPORTANT. SEE INSTRUCTIONS SUBMIT CLAIM TO DEPARTMENT RECEIVING GOODS OR SERVICES CNREVEF�SESDE DATE DESCRIPTION OF CLAIM DESCRIBE FULLY TO AVOID DELAY AMOUNT 9-26-00 Refund of Remaining Fees for MVAR 00-02 $9. 75 i I TOTAL $9. 75 I,the undersigned,declare under penalty of perjury that the services or articles claimed have been performed or delivered,and that this claim is true and correct as stated. / Dated this day of 5i!?j3 1*f h Py- 20 dV at Calif. I,the undersigned,hereby certify that,to the best of my knowledge,the services or articles specified above ve been performed or deli v red and that there is a Budget Appropriation[ ]or Specific Board Approval( J(Check one)for the same. Dated this q day of S[.4-T . 20c2s),at (�/�?�c�Z PCalif. Department Head or Authodieb'Neputy De t.Code 480-001 Ex .Code 4210900 PAYABLE FROM General FUND DO NOT WRITE BELOW THIS LINE-AUDITOR'S USE ONLY DEPT.&SUB. PROJ. SUB.OBJ. CLAIM NO. INV.NO. INV.DATE ENCUMB. GROSS AMT. s Date 10/03/00 ODevelopment Services Deparoment Time 3 : 02 pm Applicant Billing Worksheet Page 1 MVAR 00-02 * Allan Hibsch 4 La Foret Oroville, CA 95966 In reference to MVAR 00-02 Rounding None J Full Precision No Last bill Last charge 08/18/00 Last payment / / Amount $0 . 00 Date/Slip# Description HOURS/RATE AMOUNT TOTAL 05/15/00 Steve L. / LR 0 . 25 14 . 75 #30053 LAFCo Review 59 . 00 05/15/00 Tammie P. / C 3 . 00 102 . 00 #30242 Clerical 34 . 00 05/29/00 Larry P. / P 1 . 00 59 . 00 #30443 Processing 59 . 00 06/24/00 Lynn R. / C 0 . 50 22 . 50 #30867 Clerical 45 . 00 06/24/00 Larry P. / P 0 . 50 29 . 50 #30899 Processing 59 . 00 07/10/00 Lynn R. / C 1 . 50 67 . 50 #31155 Clerical 45 . 00 08/07/00 Lynn R. / C 1 . 00 45 . 00 #31656 Clerical 45 . 00 TOTAL BILLABLE TIME CHARGES 7 . 75 $340 . 25 TOTAL BILLABLE COSTS $0 . 00 TOTAL NEW CHARGES $340 . 25 PAYMENTS REFUNDS CREDITS 05/09/00 Deposit - Receipt #18383 (350 . 00) 10/02/00 Refund/Claim Form to Auditor 9 . 75 O ate 10/03/00 Development Services Depagment Time 3 : 02 pm Applicant Billing Worksheet Page 2 MVAR 00-02 * :Allan Hibsch (continued) TOTAL PAYMENTS/REFUNDS/CREDITS ($340 . 25) NEW BALANCE TOTAL NEW BALANCE $0 . 00 Suite count LAND OF NATURAL WEALTH AND BEAUTY DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE,CALIFORNIA 95965-3397 _ TELEPHONE: (530)538-7601 FAX: (530)538-7785 www.buttecounty.net September 26, 2000 Allan Hibsch 4 La Foret Oroville, CA 95966 RE: Minor Variance,File No. WAR 00-02 Dear Mr.Hibsch: The total cost for the processing of the above-referenced application is$340.25. Please sign,date,and return the enclosed claim form to this office. Once we receive the claim form,we will then process your refund in the amount of$9.75. i Deposit on 5-9-00,Receipt No. 18383 $350.00 Professional Planner $ 14.75 Mapping $ 88.50 Clerical %237.00 Total $340.25 Refund Due $ 9.75 ` Should you have any questions,please contact Brian Larsen at 538-7601 Monday through Friday,between 8:00 a.m. and 4:00 p.m. Sincerely, r, ' Thomas A. Pan'lo Director of Development Services TAP:jb Enclosure j:\docs\refunds\refund.wpd MEMORANDUM PLANNING DEPARTMENT TO: Butte County Assessor's Office FROM: Butte County Planning Department SUBJECT: Allan Hibsch, MVAR 00-6 DATE: October 24, 2000 Pursuant to Section 65863.5 of the Government Code, the following parcel identified as AP # 069- 580-055, was: Rezone from to zoning district. Granted a A Minor Variance to allow a 4 foot reduction to the 20' set back requirement, as per Chapter 10, Streets and Highways, on east side of property, 171 Lodgeview Drive and Regal Way, Oroville, CA, 95966 , AR-1 (Agricultural Residential,-One Acre.) Issued a conditional type of project project description, site location, zoning ► �• S NDER: - - > I also wish to receive the v � nplete items 1 and/or 2 for additional services. _ rn smplete items 3,4a,and 4b. following services(for an ko r print your name and address on the reverse of this form so that we can return this extra fee): " card to you. ■Attach this form to the front of the mailpiece,or on the back if space does not 1. ❑ Addressee's Address permit. ry ■Write'Retum Receipt Requested'on the mailpiece below the article number. 2. ❑ Restricted Delivery U),, - -The Return Receipt will show to whom the article was delivered and the date n ce delivered. Consult postmaster for fee. v 3.Article Addressed to: 4a.Article Number ate, --: -- ---- -Z3 3 2 117 E 4b.Service Type d Allan Hibsch ❑ Registered ❑ Certified # 4 N La Foret ❑ Express Mail ❑ Insured y Oroviffe, CA 95966 ] ❑,Return Receipt for Merchandise [I COD T Date of Delivery w'- rM 5.Received By:(Print Narpe 8.Addressee's Address(Only if requested Ui �s c and fee is paid) F i g ^�Signatur :( d esseeor ent) yX i ;a i� °` i 1 11 1 1 li 1 ►►1111111 ►1 I PS Form 3811, December 1994 Domestic Return Receipt , i+ Z 379 -332: 127 R r Receipt for Certified Mail No Insurance Coverage Prov;Apd NDTED5GTES DO not use for Internationa _SII " Pp5TµSERVICE ' (See Reverse) cl) Sent to 6A r t Street and No.cis - P.O.,State and ZIP Code C; Postage CO) O Certified Fee -� i ti <O D .a SPeciaPDefivE<rylRee= — � � • SD. r IFfCsVictQAfD�tiverylPbg,' ^ + Return Receipt Showing i D~0 to Whom&Date Delivered CO -1Return Receipt Showing to WI � � 3 r Date,and Addressee's Addre<_ .n. TOTAL Postage • &Fees Postmark or Date �� - Count -�� LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION r ; r��4.$ %' �'.•. =" DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 FAX: (530)538-7785 October 24, 2000 Allan Hibsch #4 La Foret Oroville, CA 95966 CERTIFIED MATT. Re: Minor Variance, AP # 069-580-055 Dear Mr. Hibsch: Enclosed is your validated Minor Variance Permit No. MVAR 00-03 to allow A Minor Variance to allow a 4 foot reduction to the 20' set back requirement, as per Chapter 10, Streets and Highways, on east side of property. Should you have any questions regarding this matter,please contact this office between 8:00 a.m. and 4:00 p.m., Monday through Thursday. Sincerely, Thomas A. Parilo Director of Development Services Rolan arks Office Assistant III Enc. cc: Land Development Division Building Division Environmental Health Department of Forestry �,�e� r^�;^'S�"'� 1 L 1 o ssa.,��i1 �,s S•,1-I �-, �.., ,,,,� ..,.� �:�.,>> `^•'ll-�l '� `'�_j I 1+ W o 1 I n f,4-1(re)%h-k m e o p t Ct'�'?�'�fw c►�:oaf Burr .•n t?J U n1 \ -►r��1 , FV— a� r1n� -05 n �nityra►•f;4d � ��•�?� 4�=SOd �IJCJ � tj,<'91�s I -)/v 11.YO 51��. nzI it W, % ov �� J I�`,�►+,`� d3JdNdW J NN�orld •ssiww()0 ____Imj —"'d,n dONIw ' A—"' imm 3sn �i�.5 �� 1-1 /•�t,rn�.i7(;•/ QN l-'� I� -E pvo �� l 31da I513A0dddd MINOR VARIANCE BUTTE COUNTY PLANNING COMMISSION OCT 2 4 2000 DATE MVAR 00-02 VARIANCE NO. 069-580-055 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Allan Hibsch is hereby granted a Minor Variance in accordance with application filed , to allow Minor Variance to encroach 4' into the 20' side yard setback, as per Chapter 10, Streets &Highways, on the east side of property, at 171 Lodgeview Drive and Regal Way, Oroville, CA. 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit,constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance,including Butte County Code Sec. 24-62. 2. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee, 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. 3. A Minor Variance shall lapse and shall become void one year following the date on which the Minor Variance became effective, unless prior to the expiration of one year, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the Minor Variance application. 4. The terms and conditions of this minor variance shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. B. Conditions of Approval: 1. Applicant must comply with all other applicable State.and local statues, ordinances and regulations. NOTE: Issuance of this Minor Variance does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. w* Butte County Planning Commission Chairman CC: Land Development Division Building Division Health Department Department of Forestry - ffutte countq LAND OF NAT U RA L W EA LT H A N D BEAUTY DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 FAX: (530)538-7785 www.buttecounty.net September 26,2000 Allan Hibsch 4 La Foret Oroville, CA 95966 RE: Minor Variance,File No. MVAR 00-02 Dear Mr. Hibsch: The total cost for the processing of the above-referenced application is$340.25. Please sign,date,and return the enclosed claim form to this office. Once we receive the claim form,we will then process your refund in the amount of$9.75. Deposit on 5-9-00,Receipt No. 18383 $350.00 Professional Planner $ 14.75 Mapping $ 88.50 Clerical $237.00 Total $340.25 Refund Due $ 9.75 Should you have any questions,please contact Brian Larsen at 538-7601 Monday through Friday,between 8:00 a.m. and 4:00 p.m. Sincerely, Iz Thomas A. Parilo Director of Development Services TAP:jb Enclosure j:\docs\refunds\refund.wpd APPENDIX A NOTICE OF EXEMPTION TO: _ Office of Planning and Research FROM: Butte County Planning Division 1400 Tenth Street, Room 121 7 County Center Drive Sacramento, CA 95814 Oroville, CA 95965 X County Clerk County of Butte 25 County Center Drive Q Oroville, CA 95965 I - 8 2000 u Project Title: MVAR 00-03, Minor Variance NDA f 1. 9 CDEPUTY Assessor's Parcel No.: AP#069-580-055 Applicant: Allan Hibsch,#4 La Foret, Oroville, CA 95966 Project Location-Specific: 171 Lodgeview Drive and Regal Way, Oroville, CA, 95966 Project Location-City: Oroville Project Location-County: Butte Description of Nature, Purpose and Beneficiaries of Project: A Minor Variance to allow a 4 foot reduction to the 20'set back requirement, as per Chapter 10, Streets and Highways, on east side of property Name of Person or Agency Approving Project: Butte County Planning Commission Exempt Status: (Check(One) Ministerial (Sec. 15073) Declared Emergency (Sec. 15071(a)) Emergency Project(Sec. 15071 (b)and (c)) X Categorical Exemption. State type and section number: 15305(a) Reasons why project is exempt: Minor lot line adjustments, side yard, and set back variances not resulting in the creation of any new parcel; Contact Person: Stephen Hackney Telephone: (530)538-7601 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes No Date Received For Filing: Signature, andy Wilson Principal Planner j:\linda\noe.nod\noe.#1 r .c aN•, � c�rr�rsn�ttca arcs r 'r �r r � r A� ( DECLARATION OF FEES DUE Ca ifornia Fish and Game Code SectionIRA) NAME AND ADDRESS OF APPLICANT Allan Hibsch #4 La Foret Oroville, CA 95966 FILING NO: Project Title/file number: CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION (X) A. Statutorily or Categorically Exempt $25.00 Clerk's Documentary Handling Fee O B. De Minimus Impact- Certificate of Fee Exemption $25.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION-FEE REQUIRED O A. Negative Declaration $1,250 State Filing Fee $25.00 Clerk's Documentary Handling Fee ( ) B. Environmental Impact Report $850 State Filing Fee $25.00 Clerk's Documentary Handling Fee 3. ( ) OTHER(Specify) $25.00 Clerk's Documentary Handling Fee PAYMENT/NON-PAYMENT OF FEES: 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s). 2. ( ) NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Randy Wilson Title: Principal Planner Lead Agency_Butte County Department of Development Services Date: August 72000 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THRFF.COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. << p �.. .,��.�'� � s aY l �S�c�tC'y`11.1a� :<.`�a�'.:'sem' <:�' � =� '�'• �J ✓',4,+� n c .vdw. yti,1.r 1..Aq et,J{� 1.a�� i ;r, a • • + m{,¢:•``.'?�Z '�4„t,;,Jz E�+:?,t �}9 i�9s.r deie•, .i!nvrA+�t�,�;i^,�,••,e`•� .w,';j��”. "� ...'� � .r t J IVY, •%�' :�Ti� "T r;r. 14,• y- •y.1+3, T`.r{0i�3�`r`��iS�'`"+�� ;•y�"t;.` r 1 .c „yr w:T�'p?;,y° ;, ,•.a`li't'.Lf Zit r .ptu�4sN" ,�` 4 X�s>' ri�;.�};�`'� �'`"N�Ft yjc •f[•f,r,_ 4�y,�52 �, + r N" V �. • '. d�,�itymi�i�stri',��j�9 r•��i' t , ' q,�-:��:[Y�=- d fix' Ix VRIS •�+;r.-,at.7'•'T,.sr^w1y ...� ..p T•F v�7r - T M • • • c . r . :� �.� • .. utte t �_ ,..:.. LAND OF NATURAL WEALTH AND BEAUTY _ PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 FAX: (530)538-7785 August 1, 2000 Allan Hibsch #4 La Foret Oroville, CA 95966 Re: Minor Variance ,AP#069-580-055,MVAR 00-03 Dear Mr. Hibsch: At the regular meeting of the Butte County Planning Commission held July 27, 2000, your request for a Minor Variance, was approved subject to the conditions listed on the permit. Should you desire to appeal any of the conditions imposed by the Planning Commission, you must do so in writing, to the Clerk of the Board of Supervisors, 25 County Center Drive, Oroville, California, prior to 5:00 p.m., Monday, August 7, 2000. The appeal fee of$50.00 must be paid at that time. If you do not appeal and if there are no other appeal within the 10 calendar-day appeal period, the action of the Planning Commission is final. For purposes of the California Environmental Quality Act,a Notice of Exemption must be filed. The fee for the filing of a Notice of Exemption is the $25.00 documentary handling fee. A check made payable to the Butte County Treasurer in the amount of$25.00 should be submitted to the Planning Division in order to complete the process. You will receive your valid Minor Variance, if there are no appeals, after it has been signed by the Planning Commission Chairman and we have received your recorded Certification of Ownership. Pursuant to Section 66020(d)(2) of the.Government Code you are hereby notified that you have 90 days to register a protest challenging any fees, dedications, reservations, or exactions imposed as conditions of approval for this project. Should you have any questions,regarding this matter,please contact at this office between 8:00 a.m. and 4:00 p.m.,.Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant /lr kAfonns\appnnup.frm Count LAND OF ' NATURAL WEALTH AND BEAUTY Y � PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 FAX: (530)538-7785 July 12, 2000 Allan Hibsch #4 La Foret Oroville, CA 95966 Re: " Minor Variance, AP# 069-580-055, WAR 00-03 Dear Mr. Hibsch: At the regular meeting of the Planning Manager on July 12,2000,your request for a Minor Variance related to allow a 4 foot reduction to the 20' set back requirement, as per Chapter 10, Streets and Highways, on east side of property was recommended for approval. An approval recommendation by the Planning representative, has been forwarded to the Planning Commission as a consent item for final action on July 27, 2000, in the Board of Supervisors'. Room, 25 County Center Drive, Oroville, California. Consent items are set for approval in one motion. These items are considered non-controversial. No presentations will be made, however, some questions may be asked. The Chair will ask if any Commissioner or member of the public wishes to pull a consent item for discussion. The Minor Use Permit will be issued after approval by the Planning Commission. Should you have any questions regarding this matter,please contact Stephen Hackney at this office between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant Ir MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION To: Planning Commission From: Randy Wilson, Principal Planner By: Stephen Hackney, Associate Planner Subject: Consent Agenda Item - Minor Variance application to allow a 4' reduction to a 20' set back requirement,as per Chapter 10,Highways and Streets,on the east side of property, for Allan Hibsch, on APN 069-580-055, File#MVAR 00-02 Date: July 27, 2000 Attachments: A. July 12, 2000, Planning Manager Agenda Report with attachments B. July 12, 2000, Planning Manage Minutes On July 12, 2000, a Planning Manager's hearing was held on the above referenced project. No written comments were received from the public prior to the hearing. The applicant was present at the hearing and stated he wanted to build his house as indicated in his site plan. The Planning Manager recommends that the Planning Commission approve the Minor Variance to allow a 4'reduction to a 20' set back requirement, as per Chapter 10, Highways and Streets, on the east side of the property, for Allan Hibsch, on APN 069-580-055. This is a Consent Agenda item, and if the Commission takes any action other than that recommended by the Planning Manager this item must be pulled from the Consent Agenda and set for a full public hearing at a later-date. i k:\planning\projects\mvar\hibsch\mvar-pc.mem BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT - JULY 129 2000 Applicant: Allan Hibsch Location: at the southwest corner of Lodgeview Drive and Regal File#: MVAR 00-02 Way, Oroville, CA Request: Minor Variance to allow a 4' .Parcel Size: 0.13 acre reduction to 20' set back requirement, as per Chapter Zone date: 02/28/84 10, Streets and Highways, on the east side of property. Supervisor District: 1 G.P.: AR(Agricultural Residential) Project Planner: Stephen Hackney 0 Zoning: AR-1 (Agricultural Applicable Regulations: Butte County Residential, One Acre) Code: Section 24-95 (Agricultural Residential Zones), Section 24-52 (Minor APN: 069-580-055 Variances). STAFF COMMENT: Staff recommends approval of this project with findings and conditions. PROJECT DESCRIPTION/SITE CHARACTERISTICS: The project is a Minor Variance. The applicant is requesting a minor variance to allow the new construction of a Single Family Dwelling four feet within the 20' side yard setback, as per Chapter 10 of Highways & Streets Code. The applicant's parcel, APN 069-580-055, is part of the Lakeridge Village Subdivision, created by Final Map on October 28, 1981. The zoning for the area in 1981 was A-2, a generalized classification with few standards. The current zoning classification, AR-1 (Agricultural Residential-One Acre minimum), was created by ordinance February 28, 1984. The General Plan Land Use designation for the property is Agricultural Residential,which specifies a minimum parcel size of 1 to 40 acres. The final map of the Lakeridge Subdivision probably predates the County's General Plan Land.Use designation. 0 But County Department of Development Services 0 Agenda Report 0.Page 1 0 The project site is located in an urbanized area of greater Oroville. The surrounding area consists of low-to-medium density residential development. Access to Lodgeview Drive is provided by either Kelly Ridge or Hillcrest Drive. ANALYSIS: The applicant's parcel, APN 069-580-055, is located on the corner of Lodgeview Drive and Regal Way, Oroville. The parcel fronts on Lodgeview Drive. The 20 foot front yard setback will be met. Applicant requests to construct his new home four feet inside the side yard setback of 20 feet. The applicant's request meets the side yard setback requirements for the AR- 1 zoning classification, §24-95.10. This request also complies with the side yard setback requirements of§24-75(e), Site Requirements. However, Butte County Code, Chapter 10, Streets &.Highways, requires a 20 foot side yard setback for corner lots. Due to the pre-existing nonconforming size of the parcel, 6,000 square feet, in the AR-1 zone, the shape and location of the parcel, and an existing oak tree located on the west side of the parcel to be preserved, the applicant requests to have a side yard setback of 16 feet on Regal Way. This request is appropriate under §24-52(e)(1- 6) of the Butte County Code.. ACTIONS FOR CONSIDERATION: Staff recommends that the Planning Commission take the following actions: I. Adopt a Categorical Exemption with the following finding: A. Find that the Minor Variance for Allan Hibsch is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) under Section 15305 (Class 5) of the CEQA,which states that minor alternations in land use limitations can be approved in areas with an average slope of less than 20%, which do not result in any changes in land use or density, including but not limited to side yard, and set back variances not resulting in the creation of any new parcel (Section 15305(a)). Section 15300.2(a) further allows for a Class 5 exemption upon consideration where the project is located. It states that a project that is ordinarily insignificant in its impact to the environment may in a particularly sensitive environment be significant. There are no environmentally sensitive areas on the area undergoing the minor variance and does not contain slopes that exceed 20%. II. The project will not have an impact to fish and/or wildlife habitat. The project is located in an 18 year old subdivision in a well developed residential neighborhood. Department of Fish and Game fees pursuant to Fish and Game Code Section 711.4(d)(3) and 14 CCR 753.5 are not required. III. Approve MVAR 00-02, Minor Variance for Allan Hibsch on APN 069-580-055 to allow the construction of a new Single Family Dwelling four feet into the side yard setback of 20', as per Butte County Code Chapter 10, Highways & Streets, subject to the condition(s) found in Exhibit A and with the following findings: 0 Butte County Department of Development Services ■ Agenda Report 0 Page 2 0 A. There are special circumstances applicable to the property (size, shape, topography, location or surroundings) or the intended use of the property, and because of this, the strict application of zoning standards Code deprives the property of privileges enjoyed by other properties in the vicinity under identical zoning classification. The Butte County Zoning Code, Chapter 24, Section 24- 35.40, provides for side yard setback reductions in 5' increments down to 10'. This project is located on a nonconforming size parcel in the AR-1 zone. B. The Minor Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and - zone and denied to the property for which the Minor Variance is sought. The neighboring parcels have single family dwellings built on them. The applicant wishes to build a single family dwelling on his parcel. The applicant is subjected to two front yard setback requirements, as per County Code, Chapter 10, Highways & Streets. The neighboring parcels on Regal Way, larger in size and with only one front yard setback, enjoy 10' side yard setbacks. C. This Minor Variance will not be detrimental to the public health, safety or welfare, or injurious to the property or improvements in such vicinity and zone in which the property is located. The public health& safety will not be jeopardized by the property owner receiving approval to construct his house 4' within a 20' setback, bringing it within 16' of the property line. The purpose of Chapter 10's requirement for a 20' front yard setback on corner lots is to assure appropriate lone-of-sight distancing for street traffic. The Department of Public Works has performed a field review and has determined the proposed structure will not cause a traffic safety/sight distance problem. D. This Minor Variance will not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated because the applicant is only requesting to be allowed to construct a home on his parcel as the neighboring property owners already done. In seeking a minor variance to reduce his side yard setback from 20' to 16', the applicant is still going to have a greater side yard setback than the 10' setback required of the neighboring properties. Approval of the minor variance will bring the applicant's project into closer alignment with those privileges his neighbors already enjoy. E. This Minor Variance will not allow a use or activity which is prohibited by the zoning regulation governing the parcel of property. The AR-1 zoning classification's site requirements require a 20' setback on corner lots, there is provision in Section 24-35.40 to allow nonconforming parcels to reduce the side yard setback. The nonconforming parcel was created in 1982, while the AR-1 zoning was created in 1984. F. This Minor Variance will not be incompatible with the Butte County General Plan. The General Plan Land Use Element designation is Agricultural Residential. The Land Use Element identifies residential:use as a"Primary Use." ■ Butte County Department ofDevelopment Services ■ Agenda Report 0 Page 3 ■ Approval of the minor variance shall enable the applicant to fulfill the General Plan's "Primary Use" for.APN 069-580-055. ■ Butte County Departmeni of Development Services ■ Agenda Report.0 Page 4 ■. EXHIBIT A MINOR VARIANCE BUTTE COUNTY PLANNING COMMISSION DATE WAR 00-02 VARIANCE NO. 069-580-055 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Allan Hibsch is hereby granted a Minor Variance in accordance with application filed , to allow Minor Variance to encroach 4' into the 20' side yard setback, as per Chapter 10, Streets & Highways, on the east side of property, at 171 Lodgeview Drive and Regal Way, Oroville, CA. 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-62. 2. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee, 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. 3.' A Minor Variance shall lapse and shall become void one year following the date on. which the Minor Variance became effective, unless prior to the expiration of one year, a. building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the Minor Variance application. 4. The terms and conditions of this minor variance shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. B. Conditions of Approval: 1. Applicant must comply with all other applicable State and local statues, ordinances and regulations. 0 Butte County Department of Development Services ■ Agenda Report Page 5 ■ I hereby declare under penalty of e m'Y that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Dated: Applicant NOTE: Issuance of this Minor Variance does not waive requirement of obtaining Building and Health Department,permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chairman CC: Land Development Division Building Division Health Department Department of Forestry 0 Butte County Department of Development Services 0 Agenda Report ■ Page 6 0 r�..� ,i¢F'�P�."'Y }.�f�4'•;Yy2. y�.��.'iS�' :J'i:.ii'p' :� �lr y 9.k�n'�:�`'f=¢' `{�' £"_A'T•'.��'�.rii';Gp��l�c5. :�?.�s.^'��', A'�°5=,�`., k'� $:,••.-��:;fit<.••::..:�;,.;f'�'.r .fi:A. � j. � y?�i I>:R sJf��ci�;�;Y.,�sxr .�,�,.,,,��r�;<;7,a�::<•✓a,'�i�'�er t:�:XL^-�'. ��a.`s�r;�,�Y,�, �L�°'Gk'r��",y'•'•fi:�4%.i:��y''•;:ytr`y'�x"^-yiS ,��f fr'�C �G n�s yiyG-Y'}�'a !K•fFs�i a��, 1—.'{k �`S' �ti, r"ra• 5��^�f,' S a • q�� '�3n;�rx`'a,""tri�,�I-a<j�„arJ�4 r��'�a�{3 ."'`x"., fx.•va� ?l �` �-,ru`�r F"gc �`+.}7��2+�''t +,�fir yx�,f�'-c<" ..:�a r f "(' 1� G,,�l:�yt1 � 6s •Ie,c+S., r -�r� �'}.nrt•. i' '� �"'�.S",a .;.�bs7' �,n""��4� dk ,5 a•7'�k�,t sis r Jae'»"+'�_ � „`r+ '-:�.,�` �'�'�2r._a.�.�a,�'�"-,•-'�. s'ta?!h',c�'t ayyf`�"g=�r ��r11T:?iliY-1Gi�u :'�.'>=- /•�� i_�st. • �• , � :�.. �_ 1/ a��'�yet.��®� •• t >._.,�� `;;�� - _ �•jlr I`=1�„VII � �� A,.., .w l l�\ti t :r 3 RT-1 $ m Shed a 8 � $ Y R-1 0Ct Silver leaf Dr S1dpPm Mime Ave R- Prowt Location --%F-10W Dr m G AR-1 3 Flemmi O 3 5 � • � m Cr. pve - ---- ---- ---- Pv0 \01 a m m U a i AR-1 300 0 .300 600 800 1200 1500. 1800 Feet BUTTE COUNTY PLANNING MANAGER Applicant: Allan Hibsch Owner: Stanley Beecher Hearing Date: July 12,2000 @ 9:00 am Existing ZoneAR 1 (Agricultural Residential, l acre min) N Supervisorial Request: Minor varaiance to allow a structure 4 feet into the side street setback on Regal Way. District# 1 Assessor Parcel No: 069-580-055 FHO"AR OM 1 RT-1 m Shad ct $ Y R-1 LDR staff'Ct t silver Leaf Dr xr � z s k< cF Far.' his,r.-?. o.. •x.. t, .. . c 4 � ;x• .v - r l b.-' r rso.s b >. G w c r. -,''o- r n x� . �y,; ,.A .�•..l,z w ;z: tct > v--,K 1 �' � �'�. R- ': Y Pro ect Location u ti '•�F nt a µt'> k i is"•-+y > F t:�>>. 1 `� -�,_ � z --,d :.. .. g. !'1R 1 :3 .F r• �.: � /�•.y'F j v' ,.2 k� < r r t`r�y �. Y .' 'F d y. �#'a - � YYtca c t' r Y y r �• i w S J .,> ^v' 1G Y)r \ { ',i - i a•1 s �- VW ,5"r +� r,`'- r [ '4CC,1. ?' '' ��, r. t A •� .x j ,. ..+.- of •e sn� ?X.-s•k �, -� �-� <%w•i,r 9 �< � .4 J{4 h Y S _ - r r2 'v, 4x� ,� s M1 >�t �i• � ,A < t�r t � � A+te- _ .z .. � .� r � � i9n. o` '{'fi4�J F. Y � \'s t .tea• � o ,t M Sx+, t {-S!,. y, "k C,r.r t�'�,•; y v�.,q'J c > ...;i ,ls / - - �.}• 1 +-n, .t t , k +E ��'s y 11) �r•.e os„r,. Y o y .. .. 1< .5 - t. 1 ...( � J ♦ T f? � +fc Alit V L '� e y � y x/n'r .�� .3.t C. �✓ ..> r:6 s< ¢ n, q k m. a A .. ,. d. � 3 } .. +`, J, qv t - 300 0 300 600 900 1200 1500 1800 Feet BUTTE COUNTY PLANNING MANAGER Applicant: Allan Hibsch Owner: Stanley Beecher Hearing Date: July 12,2000 @ 9:00 a.m Existing ZoneAR-1 (Agricultural Residential, 1 acre min) N Supervisorial Request: Minor varaiance to allow a structure 4 feet into the side street setback on Regal Way. District# 1 Assessor Parcel No: 069-580-055 Ftie:WAR 00-02 7 C Coun LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES ° �•:''�':' 7 COUNTY CENTER DRIVE OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 FAX: (530)538-7785 July 6, 2000 Allan Hibsch #4 La Foret Oroville, CA 95966 Re: . Minor Variance, APN# 069-580=055, MVAR-00-03 Dear Mr. Hibsch: Your request has been scheduled for hearing in front of the Planning Manager on July 12, 2000, at 9:00 a.m. The meeting is scheduled to begin at 10:00 a.m. and will be held in the 7 County Center Drive Conference Room, Oroville, California. A recommendation by the Planning Manager,will be forwarded to the Planning Commission as a consent item for final action. Consent items are set for approval in one motion. These items are considered non-controversial. No presentations will be made, however, some questions may be asked. The Chair will ask if any Commissioner or member of the public wishes to pull a consent item for discussion. The Minor Use Permit will be issued after approval by the Planning Commission. Should you have any questions regarding this matter, please contact this office. Sincerely, X�n Lynn Richardson Planning/Administrative Support Service Assistant cc: Chris Seegert k:\forms\mi norup.frm BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT - JULY 129 2000 Applicant: Allan Hibsch Location: at the southwest corner of Lodgeview Drive and Regal File#: MVAR 00-02 Way, Oroville, CA Request: Minor Variance to allow a 4' Parcel Size: 0.13 acre reduction to 20' set back requirement, as per Chapter Zone date: 02/28/84 10, Streets and Highways, on the east side of property. Supervisor District: 1 G.P.: AR(Agricultural Residential) Project Planner: Stephen Hackney Zoning: AR-1 (Agricultural ' Applicable Regulations: Butte County Residential, One Acre) Code: Section 24-95 (Agricultural Residential Zones), Section 24-52 (Minor APN: 069-580-055 Variances). STAFF COMMENT: Staff recommends approval of this project with findings and conditions. PROJECT DESCRIPTION/SITE CHARACTERISTICS: The project is a Minor Variance. The applicant is requesting a minor variance to allow the new construction of a Single Family Dwelling four feet within the 20' side yard setback, as per Chapter 10 of Highways & Streets Code. The applicant's parcel, APN 069-580-055, is part of the Lakeridge Village Subdivision, created by Final Map on October 28, 1981. The zoning for the area in 1981 was A-2, a generalized classification with few standards. The current zoning classification, AR-1 (Agricultural Residential-One Acre minimum), was created by ordinance February 28, 1984. The General Plan Land Use designation for the property is Agricultural Residential, which specifies a minimum parcel size of 1 to 40 acres. The final map of the Lakeridge Subdivision probably predates the County's General Plan Land Use designation. 0 Butte County Department of Development Services 0 Agenda Report ■ Page 1 0 The project site is located in an urbanized area of greater Oroville. The surrounding area consists of low-to-medium density residential development. Access to Lodgeview Drive is provided by either Kelly Ridge or Hillcrest Drive. ANALYSIS: The applicant's parcel, APN 069-580-055, is located on the corner of Lodgeview Drive and Regal Way, Oroville. The parcel fronts on Lodgeview Drive. The 20 foot front yard setback will be met. Applicant requests to construct his new home four feet inside the side yard setback of 20 feet. The applicant's request meets the side yard setback requirements for the AR- 1 zoning classification, §24-95.10. This request also complies with the side yard setback requirements of§24-75(e), Site Requirements. However, Butte County Code, Chapter 10, Streets &Highways, requires a 20 foot side yard setback for corner lots. Due to the pre-existing nonconforming size of the parcel, 6,000 square feet, in the AR-1 zone, the shape and location of the parcel, and an existing oak tree located on the west side of the parcel,to be preserved, the applicant requests to have a side yard setback of 16 feet on Regal Way. This request is appropriate under §24-52(e)(1- 6) of the Butte County Code. ACTIONS FOR CONSIDERATION: Staff recommends that the Planning Commission take the following actions: I. Adopt a Categorical Exemption with the following finding: A. Find that the Minor Variance for Allan Hibsch is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA)under Section 15305 (Class 5) of the CEQA, which states that minor alternations in land use limitations can be approved in areas with an average slope of less than 20%, which do not result in any changes in land use or density, including but not limited to side yard, and set back variances not resulting in the creation of any new parcel (Section 15305(a)). Section 15300.2(a) further allows for a Class 5 exemption upon consideration where the project is located. It states that a project that is ordinarily insignificant in its impact to the environment may in a particularly sensitive environment be significant. There are no environmentally sensitive areas on the area undergoing the minor variance and does not contain slopes that exceed 20%. II. The project will not have an impact to fish and/or wildlife habitat. The project is located in an 18 year old subdivision in a well developed residential neighborhood. Department of Fish and Game fees pursuant to Fish and Game Code Section 711.4(d)(3) and 14 CCR 753.5 are not required. III. Approve MVAR 00-02, Minor Variance for Allan Hibsch on APN 069-580-055 to allow the construction of a new Single Family Dwelling four feet into the side yard setback of 20', as per Butte County Code Chapter 10, Highways & Streets, subject to the condition(s) found in Exhibit A and with the following findings: I 0 Butte County Department of Development Services 0 Agenda Report 0 Page 2 ■ A. There are special circumstances applicable to the property (size, shape, topography, location or surroundings) or the intended use of the property, and because of this, the strict application of zoning standards Code deprives the property of privileges enjoyed by other properties in the vicinity under identical zoning classification. The Butte County Zoning Code, Chapter 24, Section 24- 35.40, provides for side yard setback reductions in 5' increments down to 10'. This project is located on a nonconforming size parcel in the AR-1 zone. B. The Minor Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone and denied to the property for which the Minor Variance is sought. The neighboring parcels have single family dwellings built on them. The applicant wishes to build a single family dwelling on his parcel. The applicant is subjected to two front yard setback requirements, as per County Code, Chapter 10, Highways & Streets: The neighboring parcels on Regal Way, larger in size and with only one front yard setback, enjoy 10' side yard setbacks. C. This Minor Variance will not be detrimental to the public health, safety or welfare, or injurious to the property or improvements in such vicinity and zone in which the property is located. The public health& safety will not be jeopardized b the roe owner receiving approval to construct his house 4 within a 20 Y property rtY g PP setback, bringing it within 16' of the property line. The purpose of Chapter 10's requirement for a 20' front yard setback on corner lots is to assure appropriate lone-of-sight distancing for street traffic. The Department of Public Works has performed a field review and has determined the proposed structure will not cause a traffic safety/sight distance problem. D. This Minor Variance will not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated because the applicant is only requesting to be allowed to construct a home on his parcel as the neighboring property owners already done. In seeking a minor variance to reduce his side yard setback from 20' to 16', the applicant is still going to have a greater side yard setback than the 10' setback required of the neighboring properties. Approval of the minor variance will bring the applicant's project into closer alignment with those privileges his neighbors already enjoy. E. This Minor Variance will not allow a use or activity which is prohibited by the zoning regulation governing the parcel of property. The AR-1 zoning classification's site requirements require a 20' setback on corner lots, there is provision in Section 24-35.40 to allow nonconforming parcels to reduce the side yard setback. The nonconforming parcel was created in 1982, while the AR-1 zoning was created in 1984. F. This Minor Variance will not be incompatible with the Butte County General Plan. The General Plan Land Use Element designation is Agricultural Residential. The Land Use Element identifies residential use as a"Primary Use." 0 Butte County Department of Development Services 0 Agenda Report 0 Page 3 0 Approval of the minor variance shall enable the applicant to fulfill the General Plan's "Primary Use" for APN 069-580-055. ■ Butte County Department of Development Services ■ Agenda Report ■ Page 4 0 EXHIBIT A MINOR VARIANCE BUTTE COUNTY PLANNING COMMISSION DATE MVAR 00-02 VARIANCE NO. 069-580-055 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Allan Hibsch is hereby granted a Minor Variance in accordance with application filed , to allow Minor Variance to encroach 4' into the 20' side yard setback, as per Chapter 10, Streets &Highways, on the east side of property, at 171 Lodgeview Drive and Regal Way, Oroville, CA. 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-62. 2. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee, 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. 3. A Minor Variance shall lapse and shall become void one year following the date on which the Minor Variance became effective, unless prior to the expiration of one year, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the Minor Variance application. 4. The terms and conditions of this minor variance shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. B. Conditions of Approval: 1. Applicant must comply with all other applicable State and local statues, ordinances and regulations. 0 Butte County Department of Development Services 0 Agenda.Report ■ Page 5 0 I hereby declare under 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 use permit, and that I agree to abide fully by said conditions. Dated: Applicant NOTE: Issuance of this Minor Variance does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chairman CC: Land Development Division Building Division Health Department Department of Forestry i 0 Butte County Department of Development Services 0 Agenda Report ■ Page 6 0 � � �c��I....r �-•". lid mill IS Eli qME �. i,:KH�'ktf•ili H 5' �Y 2v 3 RT-1 g m Shad Ct J V � B Y R-1 to0 Silver Leaf Dr SAO Ct Hillcrest Ave R- P ro ect Location Lodgeview Dr � m ,p AR-1 �a is 3 Flemmin c � a 3 S m c � J > m a G 18aY Ave --- ----------- --- --- Riverview °C ---- ----- ----------Court" ----- �o B m U i e i AR-1 300 0 300 600 800 1200 1500 1800 Feet BUTTE COUNTY PLANNING MANAGER Applicant: Allan Hibsch Owner: Stanley Beecher Hearing Date: July 12,2000 @ 9:00 a.m Existing ZoneAR 1 (Agricultural Residential, 1 acre min) N Supervisorial Request: Minor varaiance to allow a structure 4 feet into the side street setback on Regal Way. District# 1 Assessor Parcel No: 069-580-055 FileWAR 00-02 MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Larry Painter FROM: Lynn SUBJECT: REQUEST FOR EXHIBITS AND PUBLIC NOTICE LIST DATE: July 6, 2000 Project Name: Allan-Hibsch File #: MVAR 00-02 THIS IS A REQUEST FOR: Number of Meeting Date Copies Black & white reproducible exhibit map Planning Commission Development Review 7/12/00 1 Planning Manager _X Vicinity Map " we Planning Manager Color Exhibit Map " Extension of Time Exhibit Map Color Planning Commission Exhibit Map Color Board of Supervisors Exhibit Map Public Notice List Special Exhibits Backread Ordinance Public Notice List: Special instructions: The above request is due no later than 7700 Special Instructions and/or research: a NOTE: Exhibits should be saved until project is through process, which includes appeal period. 1. BUTTE COUNTY DEVELOPMENT SERVICES PLANNING DIVISION NOTICE OF PROPOSED MINOR VARIANCE HEARING r Notice is hereby given that the Butte County Director of Development Services is proposing to recommend approval of a Minor Variance for Allan Hibsch to allow a 4 foot reduction to a 20 foot setback requirement, as per Chapter 10, Streets and Highway, on the east side of the property. The property is zoned A-R(Agricultural Residential)and is located at the southwest corner of Lodgeview Drive and Regal Way, Oroville. APN 069-580-055 (SH) (File #MVAR 00-02) Persons wishing to comment on the project-may submit written comments to the Butte County Planning Division'any time prior to Friday,July 7,2000. The Development Services Director shall consider all comments in determining if the application meets all of the above conditions and criteria. Upon finding that the proposed use does or will meet all of the conditions and criteria, the Director of Development Services will hold a hearing on Wednesday, July 12, 2000 at 9:00 a.M' .1 in the Development Services conference room, at 7 County Center Drive, Oroville. Any interested person may attend this hearing. The decision of the Planning Manager or representative will be submitted,to the Planning Commission for final approval. If recommended for approval, this item will be on the Planning Commission Consent Agenda at the next available meeting. Upon action taken by the Planning Commission on the project an appeal may be filed with the Clerk of the Board of Supervisors. The appeal period is 10 days. I� } BUTTE COUNTY RECEIVED DEPARTMENT OF DEVELOPMENT SERVICES 4 PLANNING DIVISION JUN 0 8 2000 TO: (Building Manager pt,BUT TE 0 0UNTY FROM: Butte County Planning Division DIVISION RE: Request for Comments on a Development Application:Allan Hibsch,MVAR 00-02 DATE: May 23,2000 CONTACT PERSON: Stephen Hackney �I The Planning Division has received a project application for the property described below. The purpose of this, comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions,if any;and to 2. Determine the appropriate environmental documents to prepare for this project,as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the'estimated hearing date indicated below. If a response cannot be submitted within the time frame given,or if additional information is needed,please call 538-7601. Thank you in advance for your time and efforts. This is an application for A Minor Variance related to side street set back.Requesting4'reduction to 20'set back requirement,as per chanter 10, Streets and Highways,on east side of}roperty on property zoned AR_1 (Agricultural Residential,One Acrel located on 171 Lodgeview Drive and Regal Way,Oroville,CA, 95966, identified as APN AP#069-580-055. Supervisorial District No.1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE _X_PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON Ju y 26"2000. COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN June 6,2000. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS(Attach additional pages if necessary): No co"14yirs. RZ- VrE PL4r✓ SU&nI GD 'ole &MCPIA16- MEA4 IT S 9W S 20' S67VA&S. By: Date: 7 Q 1 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 DEPARTMF- TT OF DEVELOPME" -T SERVICES BUTTEWUNTY UNIFORM APPLVATION APPLICANT: Agent information to be provided is on other side: APPLICANT'S NAME(If applicant is different from owner an affidavit is required) ASSESSOR'S PARCEL NUMBER: t4 /I c ,,, Hi 5 r,-L, 6 9- S8 - SS' ADDRESS: CITY,STATE&ZIP CODE: FILE NUMBER: (FOR OFFICE USE) o c o d t`Cf c '9,5-16 6 rMIRR 0 NAME OF PROPOSED PROJECT(If any TELEPHONE Afew 1/o v►,,�. ( !"o) Sy`7-013AP LOCATION OF PROJECT(Major cross streets and Address, if any) � � � CocO 'cvirw L- dru ` w CT x GENERAL INFORMATION REQUIREDr- OWNER' NAME TELEPHONE (330),51? 0�2 ADDRESS: CITY,STATE&ZIP CODE: 49 Lc.E- AMA q.s AZONE GENERAL PLAN EXISTING LAND USE SITE SIZE(in Square Feet or Acres) I !C" � VZ' -C K—r 60' X100t EXISTING STRUCTURES(in Square Feet) PROPOSED STRUCTURES(in Square Feet) At /or., c Z 900 (Check One) (Check One) PROPERTY IS OR PROPOSED TO BE SEWERED PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER ❑ PROPERTY IS OR PROPOSED TO BE ON SEPTIC ❑ PROPERTY IS OR PROPOSED TO BE ON WELL WATER APPLICATION REQUESTED ❑ GENERAL PLAN AMENDMENT ❑ TENTATIVE SUBDIVISION MAP ❑ REZONE ,E C I'V�D ❑ TENTATIVE PARCEL MAP ❑ USE PERMIT �� W 13 WAIVER OF PARCEL MAP W ❑ BOUNDARY LINE MODIFICATION ❑ VARIANCE BUTTE COUNTY ❑ LEGAL LOT DETERMINATION PLANNING DIVISION MINOR VARIANCE ❑ CERTIFICATE OF MERGER ❑ ADMINISTRATIVE PERMIT ❑ MINING AND RECLAMATION PLAN ❑ DEVELOPMENT AGREEMENT ❑ OTHER PROJECT DESCRIPTION FULL DESCRIPTION OF PROPOSED PROJECT(Attach necessary sheets. If this application is for a land division,describe the number and size of parcels.) f v�e cv t(1 a tn-�e o t-• G C) 7C /D o (•: -r ((c, a /a f j . f'1 i�.a�- f`e er{saf /oh S 118"C' �c � I�1�/C oh •i c T 4/ 1f10 Z O I OWNER CERTIFICATION . . I CERTIFY'I7HAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER,I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE. (If an agent is to be authorized,execute an affidavit of authorization affidavit with this application.) DATE: 3 — 2 0O SIGNATURE: - , t T AGENT AUTHORIZATION To Butte County, Department of Development Services; / lldvtibsG� S�q- D ! 38 Print Name of Agent and Phone Number -�/ ,La V; l/-e Mailing Address is hereby authorized to process this application for d C'.r on my property, identified as Butte County Assessor Parcel Number This authorization allows representation for all applications, hearings, appeals,etc. and to sign all documents necessary for said processing, but not including document(s) relating to record title interest. Owner(s) of Record: (sign and print name) Print Na a Print Name l; Signature Signature Architect and/or Engineer: Print Name of Architect/Engiueer and Phone Number ('10 -3 r d © l It v c A1C, t W c S' Mailing Address i FOR OFFICE USE ONLY Verify: 0 Date Received: 5 Total Amount Received: A,�—o 1"/ AP Number(s) x Legal Description Owners Authorization Zoning Requirements ject.Description Copies of plot plan Taken b Receipt No. E.H. LD Plan FD Payment of the currently required Application Fee and/or Deposit(Any unused portion of a deposit) will be returned upon final action. Current fee for this application is $ 'S `� / as of li)(r) Make check payable to"Butte County Treasurer". ,Y r �91,0') 'tib /�J7;(1r.o� ��.,�� 7 )-2 � �,�el ��5�� I[� l o ssa.►1°�'�r1 .`?�sS,'�-� 1i, �..,,,,� •.,� ,��.,>> 1„\,))�`/ '� .�o—I I -_an /�/ CI M._�1r7�ln7 �7j I 1+ W � 1 z o L a 7n 1W I'll nl1 y12FV 4.A 21;9 � �— � �---•---------� �� ;� rte_ f 'Kt �a ,, •) �.1'� 2 -� off. �,��,�;� I r� VA ,g I zip BUTTE COUNTY • 3 DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Public'Works Director FROM: Butte County Planning Division RE: Request for Comments on a Development Application:Allan Hibsch,MVAR 00-02 DATE: May 23,2000 CONTACT PERSON: Stephen Hackney The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions,if any;and to 2. Determine the appropriate environmental documents to prepare for this project,as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given,or if additional information is needed,please call 538-7601. Thank you in advance for your time and efforts. This is an application.for A Minor Variance related to side street set back.Req ues ' g 4'reduction to 20'set back gquirement is per chanter 10,Streets and Highways,on east side of prQnertv on property zoned AR-1 (.Agricultural Residential,One Acre.)located on 171 Lodgeview Drive and Regal Way,Oroville,CA,95966, identified as APN AP#069-580-055. Supervisorial District No. I THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE _X PLANNING COMMISSION - DEVELOPMENT REVIEW COMMITTEE ON July 26.2000. COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN June 6,2000. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS(Attach additional ages if necessary): r eP->/ S ci ,tee /1vv�- C°u uJe. 4 J J WED JUN P� 7 2000 OUNTY Dr TXTT'ATr ntvTSTON By: C %c�Cil Date: RECEIVED 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 MAY 2 3 2000 COUNTY OF BUTTE LAND DEVELOPMENT DIV. BUTTE COUNTY • `�vr�nmC�n � DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: n L-Evironmental Health —- � ur FROM: Butte County Planning Division �ea t�E RE: Request for Comments on a Development Application:Allan Hibsch,WAR 00-02 DATE: May 23,2000 CONTACT PERSON: Stephen Hackney The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions,if any;and to 2. Determine the appropriate environmental documents to prepare for this project,as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given,or if additional information is needed,please call 538-7601. Thank you in advance for your time and efforts. This is an application for A Minor Variance related to side street set back.Reques ' g 4'reduction to 20'setback requirement,as per chanter 10, Streets and Highways,on east side of property on property zoned AR-1 (Agricultural Residential One Acrel located on 171-Lodgeview Drive and Regal Way,Oroville,CA- 95966, identified as APN AP#069-580-055. Supervisorial District No.1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE PLANNING COMMISSION - _DEVELOPMENT REVIEW COMMITTEE ON July 26.2000. COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN June 6,2000. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS(Attach additional pages if necessary): c �A/RL G�dQ �J9 �A 4] �61 d1/W�cs I�m� & AR/VZ1 A si . `� 6✓lHQ FYI V U v�d .�ia r�.11 � lC>� 1�0.1�.LB�n.c��0 �t , .e��. UII�ITTT7T� By: Date: vQ i 7 County Center Drive -Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 Ali Pacific as and Electri�om an 460 Rio Lindo Avenue *Don Chambers � G - ----�PY Chico,CA 95926 Chico Land Rights Office 530/894-4423 FAX 530/894-4414 June 8, 2000 RE C E ME D BUI'PLANNING DIVNSION Mr. Stephen Hackney Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 RE: Minor Variance (Allan Hibsch) FILE: MVAR 00-02 Dear Mr. Hackney: We have reviewed the plans regarding the subject project. PG&E has no comments or objections with regards to our facilities. Thank you for the opportunity to review this matter. If you have any questions,please call me in Chico at 894-4423. Sincerely, o Donald W. Chambers Land Agent (file: MVAR00-02.doc) w- 141 To: Butte County Planning Division +1111 Subject:Minor V�rianee Application The following is information requested in sections a. and b.: Our home building lot is on 4 omer which, due to 20'setbacks on two sides,would be overly restrictive compared to neighbors who have typical interior lots 80'X.1 20'.My lot is 80'X 100'which makes it di ult to utilize my home site in a manner like the surrounding homes. Moving our home she 4'toward Regal Way',' i'assist us In our effort to preserve several oaks along our west property fine.We are trying to locate our home on the lot to avoid impacting existing native trees, oaks and a pine. Our home design,with the minor variance,will eliminate garage doors (three) from facing the street and place our motorhome parking at the least conspicuous location -the SW comer. Our proposed drive-way will be in the middle of the block on Lodgeview allowing safer ingress and egress compared to a comer location. Sincerely, Allan Hibsch r ')j. h' .. ��' R+ �: �'i+i � 'ti J: � , 1�.t++i. ��•. . i 1 .:..'` , ..r'"Y, °� .) , r 7 of F'1r � •f i Cal l+t.. "�.� r• .'� ++ r `1+ .r ysi f'! } .1, 'VI' .`it ',j. r , J' [ ''1f 11 -� _ t .tai[" +'}.rp,J '` J,1:+ - _ l ,. `•' • a or ;(! . f + ' Y •. yt' Vit" ;n Oil. i` ry ,V '+•b+4v+ .'i '-i+ . r. 410,!. 'rtr, 7t lif`"[t ' + '[+. +• r1�' �'"U' 1S %CA el .. =t. . > i. `C(:', iIV 4!`+.} jl T'+ ' .'•j..0' .�, -! . V 4144 4 i �e3;C f• r � : I X 11:aR,)Q •J el r zj,"A A4rn? 11, l o �SaJ r� %� ��f /•��I 1 . �J -►� Js �n �� `j �+ W i Un r SAVO')rJTNM S Ov O cr2sC)d1 7 rr�£ - - - - - -- --- - - li�Ll- `\% \ I \. o tsI , O i >�Y�7 Z• j to 1, A 19 7 �, l �•�'�l 1�,k1'� v.\ �-A .......... ...... ..... ......... ....... ...... ........ . ........ .......... ... ... ................. .... .............. ....... .......... ...... Lodge AR-1 AR 0.206 BUTTE COUNTY LAFCo DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION MAY 2 4 2000 TO: LAFCo FROM: Butte County Planning Division oroville',.cedifomia RE: Request for Comments on a Development Application:Allan Hibsch,MVAR 00-02 DATE: May 23,2000 CONTACT PERSON: Stephen Hackney The Planning Division has received a project application for the property described below. The pRIWEITTE.D comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to reJUN Oil 2000 project and submit conditions,if any;and to 2. Determine the appropriate environmental documents to prepare for this project,as well as to iden �(WOUNTY environmental concerns to be addressed or mitigation measures your agency/department mayNING DIVISION incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given,or if additional information is needed,please call 538-7601. Thank you in advance for your time and efforts. This is an application for A Minor Variance related to side street set back.Req u .s ' 4'reduction to 20'set back requirement,as per chapter er 10, Streets and Highways,on east side of pro= ly on property zoned AR-1 (Agricultural Residential,One Acre.)located on 171 Lodgeview Drive and Regal Way,Oroville,CA, 95966, identified as APN AP#069-580-055. Supervisorial District No.1. 091 093 THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE PLANNING COMMISSION - _DEVELOPMENT REVIEW COMMITTEE ON July 26, 2000. COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN June 6,2000. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS(Attach additional pages if necessary): Rld Co. Moietdo /�on�{vnl 2- Fe A", R.'", 11Gvk t Ree L1.4 9, Checr Wl UWID -r l.OAPtUD FOR 3, Okvvill,( E.S O. 1AT 1L,r, F_/gsEMENf CUn�LEitNS. q- Oi-OVN-e Un/o„ Y.C.Q. 5. 8VA1 C.1119t 0.W.I- D. 7 L.O•A.P.U.D K C(A 83 �. CSA ic'i By: ,�OPL LAS Date: �/z6�o0 7 County Center Drive -Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 BUTTE COUNTY • ARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 7U TO: California Department of Forestry FROM: Butte County Planning Division RE: Request for Comments on a Development Application:Allan Hibsch,MVAR 00-02 DATE: May 23,2000 CONTACT PERSON: Stephen Hackney The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project,as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given,or if additional information is needed,please call 538-7601. Thank you in advance for your time and efforts. This is an application for A Minor Variance related to side street set back.Reat et .sting_4'reduction to 20'set back requirement,as per chapter 10 Streets and Highways,on east side of property on property zoned AR-1 (Agricultural Residential, One Acrel located on 171 Lo geview Drive and Reuel Way,Oroville CA, 95966, identified as APN AP#069-580-055. Supervisorial District No.1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE _X_PLANNING COMMISSION - _DEVELOPMENT REVIEW COMMITTEE ON July 26.2000. COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN June 6,2000. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS(Attach additional pages if necessary): PLAN-NING By: ��ZS w� Date: I 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 e 4, vi ............ 44, 9� -k" uqge007 J*krOJd 13 Pe4s dcn Lpsq!H UBIIV 990-089-690 NdV ZO-00 WAVY r ' - • LEAD IN SHEET FILE NO: MVAR 00-02 AP#AP--# 069-580-055 APPLICANT: Allan Hibsch, #4 La Foret , Oroville, CA 95966 OWNER: Stanley Beecher, 48 Regal Wa-y, Oroville, CA 95966 REPRESENTATIVE: Chris Seegert, 6103 Old Olive Hwy.. Oroville, Ca, 95966 REQUEST: A Minor Variance related to side street set back. Requesting 4' reduction to 20' set back requirement, as per chanter 10, Streets and HiglLways. on east side of propertv. SIZE: 0.13 Acres LOCATION: 171 Lodgeview Drive, Oroville, CA, 95966. Corner of Lodgeview Drive and Regal way. SUPERVISORAL DISTRICT# 1 EXISTING ZONING: AR-1 (Agricultural Residential, One Acrel ZONING HISTORY: SURROUNDING ZONING: SURROUNDING LAND USE: SITE HISTORY: GENERAL PLAN DESIGNATION: AR (Agricultural Residential) APPLICABLE REGULATIONS: 7 County Center Drive -Oroville, California 95965 -530-538-7601 - FAX 530-538-7785 x� BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: FROM: Butte County Planning Division RE: Request for Comments on a Development Application:Allan Hibsch,WAR 00-02 DATE: May 23,2000 CONTACT PERSON: Stephen Hackney The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions,if any;and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given,or if additional information is needed,please call 538-1601. Thank you in advance for your time and efforts. This is an application for A Minor Variance related to side street set back.Req egg 4'reduction to 20'set back requirement,as per chanter 10, Streets and Highways,on east side of property on property zoned AR-1 (Agdcultural Residential,One Acrel located on 171 Lo geview Drive and Regal Way,Oroville,CA,95966, identified as APN AP#069-580-055. Supervisorial District No.1. ' THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON July 26.2000. COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN June 6,2000. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS(Attach additional pages if necessary): By: Date: 7 County Center Drive -Oroville, California 95965 - 530-53877601 - FAX 530-538-7785 COMMENT DISTRIBUTION LIST APPLICATION: Allan Hibsch DATE: May 19, 2000 County Offices and Cities: _ Chief Administrative Officer _X Develop.Services Director _X✓ Public Works Director —XV Environmental Health _Xy Assessor �t/ Building Manager Sheriff _ BCAG _ ALUC _XN/ LAFCo _ Air Quality Mgmt. _ Butte Co.Farm Bureau Biggs _ Gridley _ Chico Oroville _ Paradise _ Chico Airport Commission Animal Control _XV Agricultural Commission Irrigation District: Butte Water — Biggs/W.Gridley Water — Durham Irrigation OWID Paradise Irrigation Richvale Irrigation Table Mountain hrigation Thermalito Irrigation Other Domestic Water _ Butte Water District _ California Water Service Co. _ Del Oro Water Co. OWID _ Thermalito Irrigation District _ Other Sewer Butte Water District _ Themalito Irrigation _ Sterling City Sewer Main Skansen Subdivision(CSA 21) L.O.A.PUD Fire Protection _XII California Department of Forestry _ El Medio Fire Protection District Recreation Districts _ Chico Area Recreation _ Durham Area Recreation _ Feather River Rec.&Park Paradise Recreation&Park Richvale Recreation &Parks Utilities _ PG&E North-Chico _ Chambers Cable TV _ Pacific Bell PG&E South-Oroville _ Viacom Cable TV State Agencies CalTrans (Traffic) _ Dept.of Water Resources _ Dept.of Fish and Game Forestry(Attn:Craig Carter) _ Dept of Parks and Rec. _ Highway Patrol Central Reg.Water Quality Cont _ Caltrans,Aeronautics Program Department of Conservation _ Off.of Mining Reclamation _ Off.of Governmental&Env.Relations Dept.Social Services,Comm.Care Licensing Federal Agencies US Forest Service _ US Bureau of Land Management _ US Fish&Wildlife Service Army Corps of Engineers Other Districts,Agencies,Committees,etc. Lime Saddle Dist _ Community Association _ Mosq.Abatement.Oroville/Butte Co Drainage _ Butte Env.]Council _ Paradise Pines Com. Assoc. Reclamation _ Cal Native Plant Society Butte Co.Mining Committee _ Forest Ranch Community Assoc._ Butte Ck.Watershed Conservancy_ School Districts 5/3/00 To: Butte County 9 Plannin Division Subject:Minor Variance Application The following is information requested in sections a. and b.: Our home building lot is on a comer which, due to 20'setbacks on two sides,would be overly restrictive compared to my neighbors who have typical interior lots 80'X 120'.My lot is 60'X 100'which makes it difficult to utilize my home she in a manner Ike the surrounding homes. Moving our home she 4'toward Regal Way will assist us in our effort to preserve several oaks along our west property One.We are trying to locate our home on the lot to avoid impacting existing native trees, oaks and a pine. Our home,design,with the minor variance,will eliminate garage doors (three) from facing the street and place our motorhome parking at the least conspicuous location -the SW comer. Our proposed drive-way will be in the middle of the block on Lodgeview aging safer ingress and egress compared to a comer location. Sincerely, Allen Hibsch VARIANCE APPLICATION PACKET CHECKLIST This checklist is designed to assist applicants in making sure all necessary information is included in their application packet. Please include this checklist along with your submittal. Applicant Planner 1. m 1 VJ A completed, signed, Uniform Application and Environmental Information form. If the application is signed by an agent for the property owner, an agent authorization form must be submitted along with the Uniform Application. The application shall not be accepted unless signed by the owner or authorized agent. 2. ® Payment of the currently required Application Fee. 3. Thirty-five 35 copies of plans which shall include a detailed site plan drawn to scale. All rtY ( ) P p p _ plans shall be drawn on uniform size sheets no g er ater than 24" X 36".The finished plans shall be folded to 8 1/2" x 11". The detailed site plan must include: /a. ® � Name and addre-�ss^ .f Applicant, Engineer, Architect and/or person who prepared the planV_b . 4. Z ;LD Property lines and lot dimensions /C. © Assessor Parcel Numbers and the street address. d. FX112/ Dimensioned locations of existing and proposed improvements on the property (including, but not limited to, buildings, driveways, parking areas, wells, septic tanks and leach fields). e. Distances from an significant natural and man-made features of theproperty, such as Y '� streets, access roads, streams, rock outcroppings, major tree stands, storm drains, bodies of water, railroads, to the property lines. f. North arrow and scale of drawing. All plans shall be drawn to an engineering scale with the preferred scale of 1" = 20', with a north arrow preferably oriented to the top of sheet. IF INSUFFICIENT rNFORMATION IS SUBMITTED,THE APPLICATION WILL BE DEEMED INCOMPLETE. 1 4 • �. ❑ AneCOpy of an 8 1/2" x I I" transparency reduction of the detailed site plan.kAu'�) ✓h. Ed All plans must be clear and legible. 4. NECESSARY FINDINGS OF FACT Each zoning classification and land use has an associated set of development standards which are specified in the Butte County Zoning Code. The California Government Code Section 65906 and 65906.5 and the Butte County Zoning Code establish findings which must be made in order to grant variances from these standards where unique circumstances exist to warrant relief from the strict application of these standards. Variances from the terms of the Zoning Codebe granted o when,because of special circumstances a,2plicable to the subiect property, including size, shape,ltopography)location, or surroundings, the strict application of the Zoning Code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Any Variance granted may be subject to conditions that will assure that the deviation shall not constitute a grant of special privileges inconsistent with the limitations upon other properties-lin' roperties in the vicinity and zone in which such property is situated. Variances can nQt be granted for reductions in lot size, increases in residential density, increase in X lot coverage, or for uses not permitted,in a zone. 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. THE PLANNING OMMI ION DECISION I FINAL, UNLESS APPEALED TO THE BOARD OF SUPERVISORS WITHIN 10 CALENDAR DAYS. To be completed by Applicant (attach additional sheets if necessary): a. The following exceptional or extraordinary circumstances apply to the property in question which do not apply generally to other property under identical zoning classification: o b. The granting of the Variance is necessary for the preservation and enjoyment of substantial property rights is supported by the following: ��`.��.c��C r� t� ��r r rh a .. � of .�t f ti o� �i l��QaJ �F`��1 � f C. o •-� ��I s. Y 'Z`+e '�!-� . 7- c s4""`c c!'c e.•. o T S�. 4 ;r- d- Ir,( t° •9h — C0r `°<i- f /u � � (°ti ��: fti �U1`Sl"o kA 0 : / ee. IF INSUFFICIENT INFORMATION IS SUBMITTED,THE APPLICATION WILL BE DEEMED INCOMPLETE. 2 c. The granting of the Variance will not adversely affect the neighborhood or be detrimental to the public health, safety, or welfare, or adversely affect property improvements in the neighborhood and zone in which the property is located in that: /� ` ®(^ rC1lr0 ! V �nc�.� �� (-Z,3"?. a T C�'1'�4�% Pe.�kcl�0ti1 40L4r �Z 1 ( G.:�i q w.oma.-,, � i S � •,o...y � '�B Q(f er to /�� '� c ( p�l•u e�c� 4- 44^ R e- j C. Ll -,— 'r, I S ( �a e r Q 1 c4 4 re r. ti Additional information may be required in order to clarify, amplify, correct or otherwise supplement the above submittal information or to complete any required environmental review documents, as deemed necessary by the Department of Development Services, Public Works, Environmental Health Division, Butte County Fire Department, or Agriculture Commissioner. Signature: L2& �a4Z Date: App licant/Representative Signature: Qt� Date: Pl ing Receiving A ' ation K:\forms\submital\variance.frm revised 4/22/96 BKH IF NSUFFICIENT INFORMATION IS SUBMITTED,THE APPLICATION WILL BE DEEMED INCOMPLETE. 3 3. "Z N 1� N 12 N ' N N N/�-N/N/N,' N/N�/ N,/ NX AUTTUM ;/NALUA AIi(iCH-,/,N/ NXN;/N;0/,N\�/ NXNXNXX".,NX',, , /X N/,N /N/ N/ NN N� 4,LAFORET N,- 59 j N iN /,Ei,611arg- N nkotAmedca` e �, , —, a , *- / , X. 40 , J\ t fOro a Branch Xe♦ N\ 'a �oWle-,O'A"96966/ �(530)533- N e,V/ N WSL 41D RECEIVED FROM 76OTHEAPPLICANT PUBLIC PLANNING PUBLIC NV... FIRE RECEIPT TOTAL LAFCO SALES F/G FEE DATE NO. 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M 0 G i�' .\ � ---�--•fir' � f �Wlrrr: .^n 10 IV Q 19 VO YN 1\\1 1. 'a ' �/�.� �i II-1 /�/hen�.n�;•� C�NI� l� •E�'��-�l Z!0--j 1 COUNTY OF BUTTE OFFICE OF PLANNING DEPARTMENT r 7 COUNTY CENTER DRIVE +� "' 03 09 OROVILLE, CALIFORNIA 95965-3397 17406411 U-S-POSTAGF. t' -' eo PUBLIC K,i V-M o sem,kUMbef c HEARING069580005000 Aftm �• �CHARDSON H MICHAEL Amvwd egg®tftr� 3938 HAPPY VALLEY RD vaml 1 NOTICE � LAFAYETTE CA 94549 �� efmn �acapsed® p . . . . .. '' _. . _ _ _ _ �ou�t�ks�®e�sa7•fig - AUMR