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MVAR 04-01_PLANNING
SEPARATOR. SHEET, „x PROJECT NUMBER- y✓� e pal— oi i� . 2S ✓✓ taME County of Butte COUNTY Oroville,California SEP 2 8 2005 GENERAL CLAIM DEVELO&EN1 CLAIMANT: Craig and Margaret Fry SERVICES ADDRESS: 6435 Concord Court CITY&STATE: Magalia, CA 95954 DATE OF CLAIM: September 16,2005 SUMBIT CLAIM TO DEPARTMENT RECEIVING GOODS OR SERVICES DATE REC'0 DESCRIPTION OF CLAIM(DESCRIBE FULLY TO AVOID DELAY) AMOUNT REFUND CLAIM-ATR#71031,Receipt#394736,Check#9451:Project finished,refund remaining deposit. Application's#'MVAR 04=01 PAID RETAINED REFUND Development Services $ 350.00 $ 4.45 $ 345.55 Land Development Environmental Health CDF/Fire Agricultural Department NOD/NOE Clerk's Filing Fee TOTAL $ 350.00 $ 4.45 $ 345.55 . ............... ............................... .............. ............. ............... .......................BREAKDOV 1�Ti::::.:::.:.:::: ::B:UDGET. ACCOUNT ::AMMOUNT: ................................................... .............. ............. .............. Development Services 440001 4210900 $ 345.55 Land Development 440004 4611700 Environmental Health 540003 4614901 CDF/Fire 0100 4617240 Agricultural Department 460001 4312100 NOD/NOE 470001 4612319 TOTAL $ 345.551 $ 345.55 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. .. 4, ,+ S D Dated this_ day of ,2005,at ,Cal'rf. Signature of mant I,the undersigned,hereby certify that,to the best of my knowledge,the services or articles specked d6ove have been perfo ed or delivered and that there is a Budget Appropriation or Speck Board Approval (Check (� a same. Dated this day of ,2005,at Oroville Department Head or Authorized Deputy Dept. SEE Exp. Code BREAKDOWN Code PAYABLE FROM FUND DO NOT WRITE BELOW THIS LINE-AUDITOR'S USE ONLY DEPT 8 SUB. PROJ SUB.OBJ CLAIM NO. INV NO. INV.DATE ENCUMB. GROSS AMT. Claimant-Submitted for your approvallsignature. Please return signed form to: Development Services Department Accounts Receivable 7 County Center Drive Oroville,CA 95965 r , PROJECT SUMMARY SHEET FILE NO.: MVAR 04-01 PROJECT TYPE: Minor Variance APN: 066-140-018 APPLICANT: Craig and Margaret Fry ADDRESS: 6435 Concord Court,Magalia, CA 95954 PHONE: (530) 873-4891 OWNER: Craig and Margaret Fry ADDRESS: 6435 Concord Court,Magalia, Ca 95954 REPRESENTATIVE: ADDRESS: PROJECT DESCRIPTION: Minor Variance to allow a house to encroach three(3) feet into a fifteen(15)-foot rear yard building setback LOCATED: on the northeast side of Concord Court, off of Adrian Drive, at 6435 Concord Court,Magalia PROPERTY ZONED: R-1 (Residential) GENERAL PLAN DESIGNATION: LDR(Low Density Residential) TOWN/AREA: Magalia 1. Application accepted: 1/28/2004 Amount: $ 386 Receipt#: 394736 2. Assigned To: Stephen Betts 3. Comments sent to: Development Services Director, Public Works Director, Environmental Health, Assessor,LAFCo,Agricultural Commissioner, CDF,Building Manager, County Counsel .. 4. Sent to Inter-Departmental Review Committee (IDR): 5. Status Letter sent to applicant: 6. Date scheduled for IDR: 7. Comments received from: 8. Rezone Petition Signatures Checked: 9. Mailing List/Lead-in Sheet: 10. Environmental Determination: State Clearinghouse No: _N16, Categorical Exemption-CEQA# Negative Declaration Mitigation Negative Declaration Subject to Fish&Game: No Environmental Impact Report Gen. Rule Ex.—CEQA# 15061. (bx3) Other 11. Staff Report: Project Video: 12. Clearinghouse circulation required: Yes Date Sent to SCH: 13. Publication Notice Written: /0/0./ Display Ad Prepared: 14. Notices Mailed: F Number of Notices: a (o 15. Newspaper Publication Date: ��y�� O C G B 16. Planning Commission Hearing(s): e/-6�o"4 Action taken: �� Special Conditions: Commission Resolution No.: 17. Board of Supervisors' Hearing(s): Action taken: Board Resolution No.: Ordinance No: Adopted: 18. Type Minor Variance/Send for signature: ""11 19. N.O ?N.O.D. /APPENDIX G: 1 D/04—Fish&Game Fees Paid: Yes No 20. Send validated Minor Variance: D� 21. Assessor's Memo: )100 22. Copy of Minor Variance to Planning Technician: 1055 �5 ja Craig and Margaret Fry,(Item not subject to environmental review)Minor Variance to allow a 543 sq. ft. addition to an existing dwelling to encroach three (3) feet into a fifteen (15) foot rear yard building setback on property zoned R-1 (Residential). The property is located on the northeast side of Concord Court,off of Adrian Drive,at 6435 Concord Court, Magalia. APN 066-140-018 (SB) (MVAR 04-01) Mr. Betts gave a brief summary of the project. The hearing was opened to the public. No one was present to speak on this item. The hearing was closed. It was moved by Commissioner Evans,seconded by Commissioner Marin,and carried to approve the Minor Variance for Craig and Margaret Fry subject to the findings and conditions listed below: I. Find that this project is Categorically Exempt from the California Environmental Quality Act. Specifically, CEQA Guideline's Section 15305 - Minor Alterations in Land Use Limitations, Class 5 - (a) minor setback variances not resulting in the creation of any new parcel. The collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5. is not required. II. Zoning Ordinance 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 special circumstances that apply to this project are the small size of the parcel and the area needed for an on-site sewage disposal system, which severely limits expansion potential for the existing dwelling. Another special circumstance that applies is that seven other properties in the Paradise Pines area have been granted variances to side and rear yard setbacks. Additionally, the dwelling on the project site was constructed when the project parcel was zoned RT-1, which only required a rear yard building setback of S feet. The parcel is now zoned R-1; which requires a 15 foot building setback. 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. Other properties in the Paradise Pines area have been granted variances to side and rear yard building setbacks. Granting of the Minor Variance would ■BUTTE COUNTY PLANNING COMMISSION■MINUTES ■NOVEMBER 18,2004■PAGE 3 ■ allow the applicant to enjoy property rights that are enjoyed by others in the Paradise Pines area who have been granted variances to side and rear yard building setbacks. C. This Minor Variance will not be materially 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 nearest dwelling to the proposed addition is located approximately five feet from the property line. The proposed addition would not be within the 5- foot side yard setback on the westerly side of the property. The rear yard setback encroachment would not adversely impact the privacy, and access to light and air, of the adjacent property. 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. Other property owners in the Paradise Pines R-1 zone could apply for a variance or minor variance if development activity would result in encroachment into a building setback. There have been seven variances or minor variances approved for encroachments into the side and rear yard setbacks in the R-1 zones in the Paradise Pines area. E. This Minor Variance will not allow a use or activity which is prohibited by the zoning regulation governing,the parcel of property. The existing use on the project parcel is residential and the proposed use is residential. The encroachment into the rear yard setback would not allow any use or activity not allowed by the R-1 zoning district. F. This Minor Variance will not be incompatible with the Butte County General Plan. i The proposed encroachment into the rear yard setback was reviewed with respect to the Goals and Policies found in the various Elements of the Butte County General Plan. The project does not conflict with any element or policy of the Butte County General Plan because the project would not increase or decrease the size of the property, would not allow any use not permitted by the zone in which the property lies, would not cause any environmental impacts, would not create a need for additional public services, and would not impact any open space. The project is consistent with Policy 4.2 of the Land Use Element because the project would maintain economic use and the value of private property. III. Action. A. Approve Minor Variance 04-01 for Craig and Margaret Fry on APN 066-140-018 to ■BUTTE COUNTY PLANNING COMMISSION■MINUTES ■NOVEMBER 18,2004 ■PAGE 4 ■ allow a portion of a proposed 543 square foot addition to an existing dwelling to encroach up to three (3) feet into a fifteen (15) foot rear yard building setback, subject to the findings indicated in Sections 1 and 2 of this report and subject to the conditions found in Exhibit"A". Conditions of Approval: 1. Applicant must comply with all applicable State and local statutes, ordinances, and regulations. 2. Prior to issuance of the Minor Variance, the applicant shall pay to the Department of Development Services any outstanding project-related processing fees. Fire Department/CDF 3. Construction,installation or development of structures or facilities on the parcel shall comply with the latest California Fire Safe Regulations,(Public Resources Code 4290),and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. 4. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. County Counsel 5. If this entire matter or any finding,action or condition of this matter is appealed to the Board of Supervisors,the applicant or any other developer/operator other than the applicant agrees i to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel i before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. AYES: Commissioners Marin, Evans, and Nelson NOES: Commissioner Lambert and Chairman Leland. ABSENT: No one ABSTAINED: No one ■BUTTE COUNTY PLANNING COMMISSION■MINUTES ■NOVEMBER 18,2004 ■PAGE 5 ■ Craig and Margaret Fry, (Item not subject to environmental review) Minor Variance to allow a 543 sq. ft. addition to an existing dwelling to encroach three (3) feet into a fifteen (15) foot rear yard building setback on property zoned R-1 (Residential). The property is located on the northeast side of Concord Court,off of Adrian Drive,at 6435 Concord Court, Magalia. APN 066-140-018 (SB) (MVAR 04-01) Mr. Betts gave a brief summary of the project and showed slides. He went over the findings necessary for the Commission to approve this Minor Variance. He said this item was continued at the request of the applicant. He noted a couple of changes to Page 3 of the Agenda Report,on Item (2) in the second paragraph change"Granting"to "Denial" and on Item(3) second paragraph, add "not" after the first"would." Commissioner Evans pointed out that the same changes made to Page 3 also need to be made to Page 5. He asked staff when the 7 variances in the area occurred. Mr. Betts said the other variances occurred throughout the 1970s and 80s. Commissioner Evans said that there are others in the area that have enjoyed the variance opportunity and some of them have probably been after the property was rezoned from the RT-1,which allowed for a 5-foot setback instead of a 15-foot setback. Mr.Betts said that is correct. He explained the difference between a Variance and a Minor Variance. He said a Minor Variance allows the Planning Commission to reduce the required standard down by 20 per cent. He said the cost is also cheaper with a Minor Variance. The hearing was opened to the public. Mr.Fry said a lot of the adjoining properties are larger and have additions to their homes. He said he needs more room because his wife has limited mobility. He said their current dwelling does not meet the family's needs. Commissioner Evans asked when Mr. Fry purchased the home. Mr. Fry said in 1991. The hearing was closed. Chairman Leland said it would be hard for him to make the first two findings necessary to approve this request. Commissioner Marin did not think a 3-foot variance was unreasonable. He was in favor of granting the request. Commissioner Evans said he could make a finding for#1 that seven other properties in the area have enjoyed the special privilege variances. He said Mr. Fry bought the property in 1991 when the zoning allowed for this type of expansion. He said he could also make the finding under#2 that ■BUTTE COUNTY PLANNING COMMISSION MINUTES■OCTOBER 28■ PAGE 3 ■ since seven other variances were granted we would be granting him something that other people have been granted. It was moved by Commissioner Evans,seconded by Commissioner Marin,and carried for a Motion of Intent to approve the Minor Variance for Craig and Margaret Fry subject to the findings with the correction to Item 2,changing the word"Granting"to"Denial'and adding the word"not"in Item 3, and finding that there have been,variances allowed in this region and that the withholding of this variance does not constitute an impact to the public, it does not grant them a special privilege that other people in the area have enjoyed; continue this hearing closed to November 18, 2004, at 9:00 a.m. Staff will bring this back with the final findings and conditions. AYES: Commissioners Marin,Nelson, and Evans NOES: Commissioner Lambert and Chairman Leland ABSENT: No one ABSTAINED: No one ■BUTTE COUNTY PLANNING COMMISSION MINUTES OCTOBER 28 i PAGE 4■ 0 Craig and Margaret Fry, (Item not subject to environmental review) Minor Variance to allow a 543 sq. ft. addition to an existing dwelling to encroach three (3) feet into a fifteen (15) foot rear yard building setback on property zoned R-1 (Residential). The property is located on the northeast side of Concord Court,off of Adrian Drive,at 6435 Concord Court, Magalia. APN 066-140-018 (SB) (MVAR 04-01) Mr. Baker said there was a request for this hearing to be continued. Commissioner Lambert said she would like clarification on the Staff Report. She said on Page 3, ' under#3 it says"the proposed addition would be within the 5-foot side yard setback ou the westerly ;t. side of the property.", and on Page on 1 the bottom paragraph it says"The proposed addition would not encroach into the 5 yard building setback on the westerly side." She asked if staff meant. , "granting or denying" Page 3, #2, last sentence, she asked if staff meant granting or denial of the minor variance would not deprive the applicant of any property rights enjoyed by others in the , project area." - Chairman Leland asked how recent the other variance approvals have been and-have there been any denial of variances. The hearing was opened to the public. No one was present to speak on this item. Comments were confined to the Commission and staff. It was moved by Commissioner Evans,seconded by Commissioner Marin,and unanimously carried to continue this hearing for 60 days to October 28, 2004. ■BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ AUGUST 12, 2004 ■ PAGE 8 ■ Milk DEPARTMENT OF DEVELOPMENT SERVICES BUTTE COUNTY UNIFORM APPLICATION APPLICANT: Agent information to be provided is on page 2 AP LICANT'S NAME: (If application is different from o ne an affidavit is required.) ASSESSOR'S PARCEL NUMBER: �rai e R ADIC -,435 I:ti : STREET,CITY STATE,&ZIP CO E FILE NUMBER: (FOR OFFICE USE) Co CO �+ �l 6%4-40 NAME OF PROPOSED PROJECT(If any) TELEPHONE: 3o g73- LOCATION OF PROJECT(Major cross streets and Address,if any) b-4-�!� Co IV Cn RTS burr, Aa 6-j h a 0 GENERAL INFORMATION REQUIRED. TELEPHONE: S NAME: NEWS F-R 7 ( 3o) - ADDRESS: CITY,STATE,&ZIP CODE: C a O-A . 015c15-q ZONE GENERAL PLAN EX STING LAND USE SITE SIZE(in Square Feet or Acres) -1- LCR Sin344- 00 mi b�-el i' O�� S -acre-5 EXISTING STRUCTURES(in Square Feet) PROPOSED STRUCTURES(in Square Feet) Sf4 5 (Check One) (Check One) ❑ i,iwi'ERTY 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 ❑TENTATIVE PARCEL MAP ❑ USE PERMIT ❑ WAIVER OF PARCEL MAP ❑ MINOR USE PERMIT ❑ BOUNDARY LINE MODIFICATION ❑ VARIANCE ❑LEGAL LOT DETERMINATION 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.) JJ�� 'f'(7 - 40 Ce )':5 OWNER CERTIFICATION I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OFT AWOVE DESCRtE PROPERTY. FURTHER. I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE I FOR ATION IS TRUE AND ACCURATE. (If an agent is to be authorized,execute an affidavit of authorization and include the of davit ' placaxi,o -) / BU 1_COUNTY p� DATE: l-2y —D" SIGNATURE: PLANNING DIVISION KAFORM S\UN I FORM APPLICATION Page 1 oft r r ...; . . ��= • � �. �- - - ---- AML AGENT AUTHORIZATION TO: Butte County, Department of Development Services: Phone Number(_� - Print Name Mailing Address is hereby authorized to process the application for on my property, identified as Butte County Assessor Parcel Number: APN# - - This authorization allows representation for all applications, hearings,/appeal,, to sign all documents necessary for said processing, but not including document(s) relating erest. Owner(s) of Record: (sign and print name) Print Name Print Name Si"n;llurr Signatu Architect and/or Engineer: Phone Number(� Print Name of Architect/Engineer Mailing Address FOR OFFICE USE ONLY Verify: A3Cb to C*Date Received: � Z`� 0 Total Amount Received: Q AP Number(s) ff5iltm 0. Owners Authorization ['Zoning Requirements [v�Project Description O'Copies of plot plan Taken by: s. �je{�-s Receipt No. 34 y rI 3 k PW/LD — Plan 3 SO.CC) E.H. – CDF NOD/NOE Fees `37'W 00 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 as of Make check payable to "Butte County Treasurer". K:\]:Ol \IS`.I INIPORM APPLICATION Page 2 of 2 i r, r COUNTY OF BUTTE ENVIRONMENTAL INFORMATION FORM (To be completed By Project Applicant) Date Filed Z O GENERAL INFORMATION: 1. Name and address of owner, and/or developer, and/or project sponsor: ra I C- 'an n ;I rC,are-T Fp, r 2. Address of project: �'LI�� CbNC'.oRb Cb U rT'. A4a(,,2 1 i a, CA Assessor's Parcel Number: (7(a 0140- 0 / 9 3. Name, address, and telephone number of person to be contacted concerning this project: Cra i & t7izv, lam I3-AiM b-4i Coni coon C-F /�lacalla CA 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: u1 lika,_ Q e_f_-_m.1 5. Existing general plan designation: LII 6. Existing zoning district: R-t o 7. How is land currently used? 1Jen 4 L / I 8. Proposed use of site (Project for which this form is filed): L, )/I Project Description: 9. Site size: �� a (Acres/Sq. Feet) 10. Off-street parking spaces: Full size: 1 Compact: Total: 11. Plans attached: Yes V"'N o .12. Proposed-development schedule I Y t COn 57 UO_+iDn W I 1 1 s T-d r+ S D bn afl-er y r1ance anproy�I'L . 13. Associated projects 14. Anticipated incremental or phased development 6Z214 e�l JAN 2 8 2004 BUTTE COUNTY PLANNING DIVISION ❑ Butte County Department of Development Services❑ Planning Division ❑ 0 1 fs� fa L. 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. 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area and loading facilities. N1 14 17. If industrial, indicate type, estimated employment per shift, and loading facilities. �IA m 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 minor variance, conditional use, rezoning application, or any development permits, state this and indicate clearly yvhy the application is required. If permits have already been issued, please attach as Exhibit 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. l� 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, 7/ such as toxic substances, flammable or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc. including.special districts). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. 0 Butte County Department of Development Services 0 Planning Division 0 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. &e 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. Certification � 3Gh 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. I Date Signature BUTTE COUNTY JAN 2 9 2004 DEVELD HENT SERVICES K:\Planning\FORMS\Submittal\ENV-INFO.FRM 0 Butte County Department of Development Services n Planning Division 0 Ml Nwis lig Submittal Re uirements—Minor Variances To be completed by Applicant(attach additional sheets if necessary: 1. The following exceptional or extraordinary circumstances apply to the property in question which do not apply generally to other property under identical zoning classification: 2. The granting of the Minor Variance is necessary for the preservation and enjoyment of substantial property rights is supported by the following: e - m4enf 3. The granting of the Minor Variance will not adversely affect the neighborhood of 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: D E C E 0 W E JA N 2 8 2004 BUTTE COUNTY • PLANNING DIVISION \\BCDEV I\DOCL MENT\Planning\FORMS\Submittal\CHECKLIS\N4INOR VARIANCE.I.doc - 3 - 1) The position of the existing residence on the pie-shaped lot with a septic system only allows one limited location for the addition. The septic leach lines run along the southeast and south sides of the residence. Adding a second story is not an option due to my wife's physical disability. Consequently, we are limited to this location on the property. 2) The extra square footage that the minor variance would provide, would allow a seating area in the Master Bedroom for her to use. My wife has injured her back requiring four surgeries, which has left her 100% disabled. The addition is to provide her with a master bathroom large enough for her to maneuver around easily. Additionally, the seating area is important for her to use because she has to continue to move to different positions to ease her back pain. With the possibility for the need of a wheelchair in the future, the extra square footage will be very important. 3) The two properties that border this corner of our lot, do not have structures close to the property line. The views from'the two homes will not be affected by the addition or the extra three feet for the variance. Also, both properties have pre-existing fences along the property line. With the variance only affecting the back corner of the property, there will be no affect on the use or accessibility to the existing features of the property. D EC E 0 V E JA N 2 8 2004 BUTTE COUNTY PLANNING DIVISION MINOR 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. 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. 1� YPayment of the currently required Application Fee. 3. © LV Thirty-five (35) copies of plans which shall include a detailed site plan drawn to scale. All plans shall be drawn on uniform size sheets no greater 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 address of Applicant, Engineer, Architect, and/or person who prepared the plan b. L4' Property lines and lot dimensions C. .Assessor Parcel Number(s) and the street address. d. © 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 any significant natural and man-made features of the property, such as streets, access roads, streams, rock outcroppings, major tree stands, storm drains, bodies of water, railroads, to the property lines. f. LJ North arrow and scale of drawing. All plans shad' .w o ri ' e le with the preferred scale of 1" = 20', with a nor o -p � e top of sheet. , JAN 2 $ 2004 IF INSUFFICIENT INFORMATION IS SUBMITTED,THE APPLICATION WILL E DEEMED8(�I�TE. " I P AIMIWG DIVISION , } r J J, , r ' I J� n 4eausparaacy reri„rt;nri of tha rlAt��:tee eie8-p�Qi3� h. ❑ All plans must be clear and legible. 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, of Agriculture Commissioner. Signature: Date: App ant/Represe ive Signature: )_ .. 1 Date: K:\Planning\FORMS\Submittal\CHECKLI.S\MINORVARIANCE.FRM.doc IF INSUFFICIENT INFORMATION IS SUBMITTED,THE APPLICATION WILL BE DEEMED INCOMPLETE. 2 i • 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 J County Clerk DEC 2 b COO4 County of Butte 25 County Center Drive CAiVUACE J.GRUBBS,BUTTE CO.CLERK Oroville, CA 95965 FILING NO. Project Title: Minor Variance,WAR 04-01 Assessor's Parcel No.: 066-140-018 Applicant: Craig and Margaret Fry, 6435 Concord Court,Magalia, CA 95954 Project Location-Specific: on the northeast side of Concord Court, off of Adrian Drive, at 6435 Concord Court,Magalia Project Location-City: Magalia Project Location-County:. Butte Description of Nature,Purpose and Beneficiaries of Project: Minor Variance to allow a house to encroach three(3)feet into a fifteen(15)-foot rear yard building setback. 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)] xf Categorical Exemption. State type and section number: 15305 Statutorily Exempt— 15274(a) Reasons why project is exempt: Minor Alterations in Land Use Limitations, Class 5 - (a)minor setback variances not resulting in the creation of any new parcel. Contact Person: Stephen Betts 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: i Sipgnature, onne Cys4pher Director-D velopment Services z DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT Craig and Margaret Fry 6435 Concord Court Magalia, CA 95954 Project Title/File Number: Minor Variance,MVAR 04-01 APN: 066-140-018 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION (� A. Statutorily or Categorically Exempt $36.00 Clerk's Documentary Handling Fee ( ) B. De Minimis Impact-Certificate of Fee Exemption $36.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION-FEE REQUIRED ( ) A. Negative Declaration $1,250 State Filing Fee $36.00 Clerk's Documentary Handling Fee ( ) B. Environmental Impact Report $850 State Filing Fee $36.00 Clerk's Documentary Handling Fee 3. ( ) OTHER(Specify) $36.00 Clerk's Documentary Handling Fee PAYMENT/NON-PAYMENT OF FEES: 1. PAYMENT: The above fees have been paid. See attached receipt(s)#394736 2. ( ) NON-PAYMENT: The above fees are required.Not paid. Chief Planning Official By: Yvonne Christopher Title: Director-Development Services Lead Agency: Butte County Department of Development Services Date: November 19, 2004 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. 9451 C R FRY DL.N7114167 M A FRY DL C1667286' •:.�, x'3. 530-873-4891 90-78/1211 6435 CONCORD CT. �^ D �_•,' U 1. MAGALIA,CA 95954 � �, �«'�� � -�� '�' ATE -� I PAY TO THE °u ,4 ' xyzfs" , ORDER OF 't :�y , r��CO Paradise Office ;" yy'7 'f+� .a;r'�.•. ��i ) _ . �•{ 6465 CLARK RD. ® PARADISE.CA 95969 BANK#ifEWEST 18604862265 • FOR �.�/C1'/�C������Ft` 7 sa,.t'`�.<�g gi'a1�y��•,�F-i�.t�'.�€-� t' a`� Y` ,• �"1'�7.T'"F�q��sti z�+��rvP _ i yfl+r'3 OM1' (f h 7 qy ..Sf F µkl�'t;Y ^Y,11 i �: L 2 L `7�82�:94y5�L" �L 3,70= 2'34611' bs��� , - N., 0 HM AND 2W2 ! COUNTY OF BUTTE OFFICIAL RECEIPT 394736 OFFICE OR DEPARTMENT ISSUING RECEIPT Received from 1 The 5wn of ":- For N\ VAR PN -GI j `J • Received: f'"PN! c'k" -0 1 I Received By-- �-�• - CASH [] - • Title CHECK (R(45 ( By DAVCO BUSINESS FORMS•(530)743-8511 Form 75702 r s CGUKFTY OF 131MEE AUDITOR'S CER11FICATE AND TREASURER'S RECEIPT ORGVILLE, CA ATR NO 71031 RECEIVED FROM PLANNING BAG 0329 DATE 112912004 FEND FUND DEPT ACCT CASH DESCRIPTION TITLE CGDE CGDE 'CODE CGDE AMOUNT DEPOSIT DATE: 2 RECEIPTS: 39,4728-736 PLANNING APPL.FEES GEML 0010 44M-11 421 -Q .10MI 4,1&-3.00 13miect Humber _ Arn. aiurtt of Fee *051.-640-012 J Albright UP OA-i6 $700 t' #0301-77 M31 B Torn TP14 04-16 $1.000 #056-410-020 L 8:L Surveying TRA Q4-19 $.1,000 0027-040-604 C Gray T1 PM 04-17 KOM #06C-140-013 CR 8.MA Fry KWAR 04-01 $350 LANE)DEVELOPMEW GEML 0010 4400A 6117C,-) 101W1 Project Number Amounk of Fee #M304-640-012 J Albright ilr,04-16 $150 #03&770-.0318 Torr.TPM 124-1 g $330 #056-410-L?20 L&L Surveying TPNH 04-19 $270 #127-Gi0-004 4 Gray TPM 04-1.7. $331.1 EN IR€OMENTAL HLTii-I GENL W10 54MM. 4G149,01 101001 1,19i.co Project Number Amount of Fee # 161-t; M12 J Afbnght UP 04-16 $165 #Q36-77M31 B Torn TPWi 0413 $231 #055-410-020 L&L Surveying TPM 04-19 $241.50 #027-GiMG4 C GWTPfJ 04-17. $483 FIRE PLNG APPI_ FEE FIDE PROTECT 0100 4.6172 MWI 1 430.00 Project Number Amount of Fee #061-640-012 J Albright GP G4-16 $43 #036-770-031 BTordTPM 64-16• $129 #055-41&020 L&L Surveying TPM 04-19 $129 #027-010-004 C Gray TPM 04-17 $129 NOD NI QE CLERK'S FILING FE GEHL M0 4-70' hG12319 41011yii 980.00 ( ) Project Number, Amount of Fee Crii-640-012 J Albright tJF 04-10 $36 #036-7764331 B Torn TPM 04-15 $36 #0564 1 QLQ210 L&L Surveying TRI°°A 04-19 $iii M27-71M04 C.GrzyTPM 04-17 $36 #066-149-013 CR&MA Fry WNAR'�14-01 $35 TOTAL 7s031.0' APPROVED BY: RECEIVED BY: AUD€TGR-CONTROLLER TREASURER 01/12/2006 Butte County Department of Development Services 9:43 AM Pre-Bill Worksheet Page 1 Nickname WAR 04-01 1 Fry Full Name Craig and Margaret Fry Address 6435 Concord Court Magalia CA 95954 Business Fax Home (530)873-4891 Other In Ref To APN 066-140-018 Notes Date Employee Rate Hours Amount Total ID Task Markup % DNB Time DNB Amt Activity: none 06/02/2004 Joe 59.00 0.17 9.83 Do Not Bill 4197 Management Review 0:17 9.83 Management Review- IDR Meeting 11/18/2004 Lynn 45.00 0.03 1.50 Billable 6694 Mtg -Clerical Arrange/attend associated with project review 11/09/2004 Cheryl 45.00 0.33 15.00 Billable 6530 Administrative-Clerical Time spent on billing and other administrative tasks not related to processing . 11/01/2004 Steve 59.00 0.42 24.58 Billable 6482 Report Wor Project Analysis Prepared findings and conditions for approval 11/02/2004 Lynn 45.00 0.42 18.75 Billable 6440 Minutes -Clerical Minutes related to application. 10/28/2004 Lynn 45.00 0.40 18.00 Billable 6404 Mtg -Clerical Arrange/attend associated with project review 10/27/2004 Cheryl 45.00 0.33 15.00 Billable 6389 Administrative-Clerical Time spent on billing and other administrative tasks not related to processing . 08/24/2004 Cheryl 45.00 0.08 3.75 Billable 5440 Administrative-Clerical Time spent on billing and other,administrative tasks not related to processing . 08/12/2004 Cheryl 45.00 0.33 15.00 Billable 5154 Administrative-Clerical Time spent on billing and other administrative tasks not related to processing . 01/12/2006 Butte County Department of Development Services 9:43 AM Pre-Bill Worksheet Page 2 MVAR 04-01:Craig and Margaret Fry (continued) Date Employee Rate Hours Amount Total ID Task Markup % DNB Time DNB Amt 08/05/2004 Lynn 45.00 0.72 32.25 Billable 5118 Packets -Clerical Prepare packets for meetings/mailings. 08/05/2004 Lynn 45.00 0.60 27.00 Billable 5113 Publication -Clerical Time spent preparing & publishing for Hearing related to applicant. 07/13/2004 Joe 59.00 0.08 4.54 Do Not Bill 4822 Management Review 0.08 4.54 Management Review-Agenda Report 06/17/2004 Steve 59.00 0.22 12.78 Billable 4513 Report &/or Project Analysis Made changes to agenda report and e-mailed it to JB. 06/08/2004 Joe 59.00 0.61 36.27 Do Not Bill 4313 Management Review 0.61 36.27 Management Review--Agenda Report 06/02/2004 Steve 59.00 0.17 9.83 Billable 4237 Meeting - Planner IDR meeting 01/29/2004 Roni 34.00 0.17 5.82 Billable 3014 Initial Processing -Clerical Input, initial clerical processing of application. 04/08/2004 Steve 59.00 0.33 19.67 Billable 3860 Correspondence - Planner Letter to Fry 03/26/2004 Joe 59.00 1.30 76.55 Do Not Bill 3715 Management Review 1.30 76.55 Management Review 03/25/2004 Steve 59.00 0.33 19.67 Billable 3694 Report &/or Project Analysis Worked on agenda report. E-mailed it to JB. 03/23/2004 Steve 59.00 0.42 24.58 Billable 3678 Report &/or Project Analysis Worked on agenda report 03/24/2004 Steve 59.00 0.67 39.33 Billable 3677 Report &/or Project Analysis Worked on agenda report 01/12/2006 Butte County Department of Development Services. 9:43 AM Pre-Bill Worksheet Page 3 MVAR 04-01:Craig and Margaret Fry (continued) Date Employee Rate Hours Amount Total i ID Task Markup % DNB Time DNB Amt 03/24/2004 Cheryl 45.00 . .0.25 11.25 Billable 3670 Administrative-Clerical Time spent on billing and other administrative tasks not related to processing . 03/02/2004 Steve 59.00 0.33 19.67 Billable 3443 Report Wor Project Analysis Worked on agenda report 02/11/2004 Mark 59.00 0.17 9.83 Billable 3279 Meeting - Planner Time spent in meetings (Not incl. Public Hearings). 02/11/2004 Joe 59.00 0.08 4.92 Do Not Bill 3256 Management Review 0.08 4.92 Management Review 02/04/2004 Larry 59.00 1.50 88.50 Billable 3086 Mapping Generate maps for current projects. 02/03/2004 Steve 59.00 0.17 9.83 Billable 3055 Circulation - Planner Determine an application's completeness/circulate for staff comments/analysis. 02/03/2004 Lynn 45.00 1.45 65.24 Billable 3045 Initial Processing -Clerical Input, initial clerical processing of application. 01/29/2004 Steve 59.00 0.17 9.83 Billable 3030 Circulation - Planner Finished taking in new application 01/28/2004 Steve 59.00 0.25 14.75 Billable 3029 Circulation - Planner Took in new application Total: none 10.26 $531.41 Do Not Bill 2.24 $132.11 Activity: Hearing-Planner 11/18/2004 Steve 59.00 0.05 2.95 Billable 6688 Hearing -Planner 01/12/2006 Butte County Department of Development Services 9:43 AM Pre-Bill Worksheet Page 4 WAR 04-01:Craig and Margaret Fry (continued) Date Employee Rate Hours Amount Total ID Task Markup % DNB Time DNB Amt Total: Hearing-Planner 0.05 $2.95 TOTAL Billable Fees 10.31 $534.36 Do Not Bill 2.24 $132.11 Date Employee Price Quantity Amount Total ID Expense Markup % Activity: Publishing Expense 08/14/2004 PUBLISH 75.00 1.000 75.00 Billable 5111 Publishing Expense Publish in Newspaper Paradise Post 8/14/04 F05-031 Total: Publishing Expense $75.00 TOTAL Billable Costs $75.00 Amount Total Total of Fees (Time Charges) $534.36 Total of Costs (Expense Charges) $75.00 Total new charges $609.36 Accounts Receivables DatelID Type Description 01/28/2004 CRED Credit ($350.00) 539 Receipt#394736. Check#9451 01/28/2004 INV Invoice $36.00 540 01/2.8/2004 CRIED Credit NOD/NOE Recording Fee ($36.00) 541 Receipt#394736. Check#9451 03/30/2004 PAY Payment - Receipt#395317 ($279.72) 684 M 11/18/2004 PAY Payment ($325.19) 1283 Receipt #418500Thank you! K 1 A 01/12/2006 Butte County Department of Development Services 9:43 AM Pre-Bill Worksheet Page 5 WAR 04-01:Craig and Margaret Fry (continued) Amount Total 10/12/2005 REF Refund credit on account. Project finished. Pd 10/12/05 Auditor $345.55 2433 check #703253. Total Accounts Receivable ($609.36) Total New Balance $0.00 Employee Summary Employee Rate Hours Charges Slip Value Adjustment SB 58.77 3.53 $207.47 $207.47 0.00 MM 57.82 0.17 $9.83 $9.83 0.00 LP 59.00 1.50 $88.50 $88.50 0.00 LR 44.96 3.62 $162.74 $162.74 0.00 CAS 45.45 1.32 $60.00 $60.00 0.00 RT 34.24 0.17 $5.82 $5.82 0.00 f BUTTE �. APPENDIX A . COUNTY NOTICE OF EXEMPTION FEB 9 - 20 DEVEWP T TO: _ Office of Planning and Research FROM: Butte County Planning 1400 Tenth Street, Room 121 7 County Center Drive Sacramento, CA 95814 Oroville, CA 95965 a - County Clerk 'DEC 2 16 E County of Butte 25 County Center Drive CANUACE J.GRUBBS,BUTTE CO.CLERK Oroville, CA 95965 FILING NO. BY— - -- - -tom-= PUTY Project Title: Minor Variance,MVAR 04-01 Assessor's Parcel No.: 066-140-018 Applicant: Craig and Margaret Fry, 6435 Concord Court,Magalia, CA 95954 Project Location-Specific: on the:northeast side of Concord Court, off of Adrian Drive, at 6435 Concord Court,Magalia Project Location-City: Magalia Project Location-County: Butte Description of Nature,Purpose and Beneficiaries of Project: Minor Variance to allow a house to encroach three(3) feet into a fifteen(15)-foot rear yard building setback. 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)] -J Categorical Exemption. State type and section number: 15305 Statutorily Exempt- 15274(a) Reasons why project is exempt: Minor Alterations in Land Use Limitations, Class 5 -(a)minor setback variances not resulting in the creation of any new parcel. Contact Person: Stephen Betts 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: S ature, ohne C st her irector-D velopment Services DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT Craig and Margaret Fry 6435 Concord Court Magalia, CA 95954 Project Title/File Number: Minor Variance,MVAR 04-01 APN: 066-140-018 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION (� A. Statutorily or Categorically Exempt $36.00 Clerk's Documentary Handling Fee ( ) B. De Minimis Impact-Certificate of Fee Exemption $36.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION-FEE REQUIRED ( ) A. Negative Declaration $1,250 State Filing Fee $36.00 Clerk's Documentary Handling Fee ( ) B. Environmental Impact Report $850 State Filing Fee $36.00 Clerk's Documentary Handling Fee 3. ( ) OTHER(Specify) $36.00 Clerk's Documentary Handling Fee PAYMENT/NON-PAYMENT OF FEES: PAYMENT: The above fees have been paid. See attached receipt(s)#394736 2. ( ) NON-PAYMENT: The above fees are required.Not paid. Chief Planninz Official By: Yvonne Christopher Title: Director-Development Services Lead Agency: Butte County Department of Development Services Date: November 19, 2004 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. C R FRY DL N7114187 • 9451 M A FRY DL C1667289 530-873-4891 _ .. •_+s',�r �•' 90-7811211 6435 CONCORD CT. "'°��Q /L r MAGALIA,CA 95954 %'� V —y `-x DATE j +� PAY TOTHE � `� I ORDER OF s mg ' BANK&WEST i soo aee sus ' a FOR 01, GG �.• .^ 'r r c�.F-•"'}•`�`r ;�� .. � � r � .� N -�� ���M' ,i 1 1: L 2 it 1'0�3' 7f82�:9 451 37 0 x523;46 II! t ,� L `F k . I 0 KARVWD 2002 COUNTY. OF BUTTE RECEIPT 3 9 4 7 3 6 OFFICIAL OFFICE OR DEPARTMEff T ISSUING RECEIPT Received from The Sum of I <3. I n x., > :� ..4 t :-! —-/ _�,e�r,_G _ , �� ; For M �/A't? , -p 1 1 • Received: -U 1f Received By. - CASH ❑ - • Title CHECK By DAVCO BUSINESS FORMS•(530)743-8511 Form 75702 z , COUNTY OF BUTTE AUDITOR'S CERTIFICATE ARID TREASURER'S RECEIPT OROVILLE, CA ATR NO 71031 RECEIVED FROM PLANNING BAG 01329 DATE //2912004 FUND FUNDI DEPT ACCT CASH DESCRIPTIONS TITLE CODE CODE CODE CODE AMOUNT DEPOSIT DATE: 129 RECEIPTS: 394728-736 PLANNING APPL.FEES GENSL 0010 44W31 4210900 101001 4,151.00 Project Number Amount of Fee r. , #061-640-012 J Albright UP 04-16 $700 #0136-770-031 B Torn TPNI 0416 $1,000 #056-410-020 L&L Surveying TPM 04-19 $.1,000 #027-010-004 C Gray TPM 04-17 $1,000 #056-140-018 CR&MA Fry WAR 04-01 $350 LAND DEVELOPMENT GENlL 0010 44WU 46117CU3 101001 1,080.00 Project Number Amount of Fee #061-640-012 J Albright UP 0416 $150 #036-770-031 B TQn i TPM 04-16 $330 #056-4.10-020 L&L Surveying TKI 04-19 $270 #027-010-004 C Gray TPM 04-17. $330 ENVIRONMENTAL HLTH GENIL 0010 54003 4614901 101001 1,191.00 Project Number Amount of Fee #00i-M-012 J Albright UP 04-16 $185 #036-770-031 B Torn TPM, 0416 $281 #056-410-020 L&L Surveying TPM 04-19 $241.50 #027-010-004 C Gray TPfJ 04-17 $483 FIRE PLN1;G APPL FEE FIRE PROTECT 0100 4617240 101001 430.00 Project Number Amount of Fee #061-640-012 J Albright UP 04-16 $43 #036-770-031 B Torri TPM 04-16 $129 #056.410-020 L&L Surveying TPM 04-19 $129 #027-010-004 C Gray TPM 04-17 $129 N1OWNIOE CLERIC'S FILING FE GENIL 0010 470001 e1612319 101001 180.00 (06) Project Number Amount of Fee #061-640012 J Albright UP 04-10 $36 #036-770-031 B Toni TPM 0415 $36 #056-410-020 L&L Surveying TPM 04-19 $36 #027-0.10-004 C,Gray TPM 0417 $36 #066-140-018 C-R&MA Fry WAR 04-01 $36 TOTAL S 72031.00 APPROVED BY: RECEIVED BY: AUDITOR-COLER TREASURER y . . ■ Complete items 1,2,and 3.Wmpl'ete A. Signature item 4 if Restricted Delivery is desired. � - ❑Agent X ■ Print your name and.address on the reverse dresseiN so that we can return the card to you. B. Received by( kited Name) C D to of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. - 1. Article Addressed to: D. Is delivery address different from item 1 101 Ye ; If YES,enter delivery address below: ' ❑ No Craig'and Margaret Fry 6435 Concord Court 3. S901 ce Type Magalia, CA 95954 t5 Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise _ ❑ Insured Mail ❑C.O.D. In V199 OLf—Q 1 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number. (transferfiom.servicelabeq', PS Form 3811,August 2001 Domestic Return Receipt 102595-02.M-1540 i UNITED PT -S POSTAL SERVr,107 � �FCS'PM cD�„.Il y ".' — 7 ,ae......i-- -----�,�•----baa. . • Sender: Please print bd6il�ne, address, and-Z-IP+4 in,this box-0— COUNTY OF RUNE DEPARTMENT"DEYMMENT UNW, BUTTE PLANNING D114WON COUNTY 7 County t aft me _ 0rovH1%CA 9590m `JAN 10 20P5 DEVELOPMENT SERVICES �� 11,1MIdII{II„1IllIItill IIII fill%I fill dII111111111 ,1 MINOR VARIANCE BUTTE COUNTY PLANNING COMMISSION DATE At o 5 20 MVAR 04-01 MINOR VARIANCE NO. 066-140-018 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Craig and Margaret Fry are hereby granted a Minor Variance in accordance with application filed to allow a Minor Variance to allow a proposed 543'square foot addition to an existing dwelling to encroach up to three (3) feet into a fifteen (15) foot rear yard building setback. 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of the 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. 24-52. 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. Conditions of Approval: 1. Applicant must comply with all applicable State and local statutes, ordinances, and regulations. 2. Prior to issuance of the Minor Variance, the applicant shall pay to the Department of Development Services any outstanding project-related processing fees. Fire Department/CDF 1 I 3. Construction, installation or development of structures or facilities on the parcel shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. 4. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. County Counsel . 5. If this entire matter or any finding, action or condition of this matter is appealed to the • Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. 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. Chairman, Butte County Manning Commission cc: Land Development Division Building Division- Environmental Health Division Department of Forestry and Fire Prevention 2 Butte County Department ofDevelopment Services 13TTF 0 0 7 County Center Drive o 0 Oroville,CA 95965 0 - - - (530)538.7601 Telephone o - o (530)538-7785 Facsimile OUPj•ty ADMINISTRATION*BUILDING*GIS *PLANNING January 6, 2005 Craig and Margaret Fry 6435 Concord Court Magalia, CA 95954 CERTIFIED MAIL Dear Applicant: SUBJECT: Minor Variance,MVAR 04-01,APN 066-140-018 Enclosed is your validated Minor Variance to allow a house to encroach three (3) feet into a fifteen (15)-foot rear yard building setback, Minor Variance Permit No. MVAR 04-01. Should you have any questions regarding this matter, please contact this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Roni Thornton j _ Office Assistant II CERTIFIED MAIL RECEIPT (Domestic mail only;No insurance Coverage Provided) Enc. i -0 Article - ti cc: Land Development Division M Building Division ; Postage $ `t`a' Environmental Health Certified Fee ! Postmark Department of Forestryul Return Receipt Fee "ere (Endorsement Required) GIS O Restricted Delivery Fee Q (Endorsement Required) - O "' ICraig and Margaret Fry ............. -� 6435 Concord Court ' Magalia, CA 95954 I _ _ MEMORANDUM PLANNING DEPARTMENT TO: Butte County Assessor's Office FROM: Butte County Department of Development Services, Planning Department SUBJECT: Craig and Margaret, WAR 04-01 DATE: January 6, 2005 Pursuant to Section 65863.5 of the Government Code, the following parcel, identified as APN 066-140-018, and located on the northeast side of Concord Court, off of Adrian Drive, at 6435 Concord Court, Magalia, was granted a Minor Variance to allow a house to encroach three (3) feet into a fifteen(15)-foot rear yard building setback. The project lies within zoning district R-1 (Residential). 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 a � County Clerk DEC 2 b 2004 County of Butte 25 County'Center Drive CANDACEJ.GRUB3S,BUTTE CO.CLERK Oroville, CA 95965 FILING NO. BY '� Project Title: Minor Variance,WAR 04-01 Assessor's Parcel No.: 066-140-018 Applicant: Craig and Margaret Fry, 6435 Concord Court,Magalia, CA 95954 Project Location-Specific: on the northeast side of Concord Court, off of Adrian Drive, at 6435 Concord Court,Magalia Project Location-City: Magalia Project Location-County: Butte Description of Nature,Purpose and Beneficiaries of Project: Minor Variance to allow a house to encroach three(3) feet into a fifteen(15)-foot rear yard building setback. 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)] %f Categorical Exemption. State type and section number: 15305 Statutorily Exempt— 15274(a) Reasons why project is exempt: Minor Alterations in Land Use Limitations, Class 5 - (a)minor setback variances not resulting in the creation of any new parcel. Contact Person: Stephen Betts 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, onne C4st4pher Director.-D velopment Services DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT Craig and Margaret Fry 6435 Concord Court Magalia, CA 95954 Project Title/File Number: Minor Variance,MVAR 04-01 ATM 066-140-018 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION (� A. Statutorily or Categorically Exempt $36.00 Clerk's Documentary Handling Fee ( ) B. De Minimis Impact-Certificate of Fee Exemption $36.00 Clerk's Documentary Handling Fee i 2. NOTICE.OF DETERMINATION-FEE REQUIRED ( ) A. Negative Declaration $1,250 State Filing Fee $36.00 Clerk's Documentary Handling Fee ( ) B. Environmental Impact Report $850 State Filing Fee $36.00 Clerk's Documentary Handling Fee 3. ( ) OTHER(Specify) $36.00 Clerk's Documentary Handling Fee . PAYMENT/NON-PAYMENT OF FEES: PAYMENT: The above fees have been paid. See attached receipt(s)#394736 2. ( ) NON-PAYMENT: The above fees are required.Not paid. I Chief Planning Official By: Yvonne Christopher Title: Director-Development Services Lead Agency: Butte County Department of Development Services Date: November 19, 2004 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. �. 9451 C R FRY DL N7114167 M A FRY DL C1667288 ; .z 530-873-4891 6435 CONCORD CT90-78/1211 . xa 8—G L/DATE MAGALIA,CA 95954 - aii7 PAY TO THE ORDER OF , �z i+-""k'x�e`rr?�tt'Y"�' t�,k ��ii '`wr�Nr "3'r �� i{ ,���Y 3�s�..O_ .......i • I j1.,. da(! �,u }r• 'I...�"( t 58 q��. O A - J�. F.I . _',DOL r v�..•� i �= ",'V'�-ST`cam: f - a:`Nv3��7isyti;_:^r=`5: �; _ • Paradise Office Y9 -yx�'?ti: - '� hx'^'• ¢ i "t' - : y PARADISE,CA 95969 '4 6405 CLARK RD ® ' Eloy Y�l L: ?�>{orb 1-600-0884265 ' v'�f - BANKMEWEST Fy.+•., `< C h 4�' K. "f' i +I Itid,�q ekaa ' �� Y�sv c�yyz5" `a SFr v m6 +� a, v FOR l-'�"l�/?G� z� .aa u �� r :� E M.. Wit. . nm ,rj,y rks"I t �r't. 'A"�z �rzJ3,n9♦:/ rn r tx.. p .� r-�t,�r. �, • L 2 L9r4a5"L X313 7dOf5 �'� 4 6{u■ 1 ■ ::l �'2.s�c5 - { ■HARLAND 2002 - COUNTY OF BUTTE 394736 \. {-� OFFICIAL RECEIPT OFFICE OR DEPARTME�T'ISSUING RECEIPT ` i� `Z "-I Received from C p .(`t` �=—•,� Ile Slut OF( v-1,11 I I xz } t 4 S .e :I.t fir- /:✓�__h, :r:. �i `n F.• ' _''.S� U For .ry` it I'\12 0,4 —C> Received: �- Received By- CASH [] - • ,Title CHECK �i ! By DAVCO BUSINESS FORMS•(530)743-8511 Form 75702 2 COUNTY OF C i7l—= AUDITOR'S CERWIC.ATE AND T.REASURERIS RECEIPT OROVILLE, CA ATR NO 710341 RECCE€VEE FROM PLANNING BAG 01329 DATE 112912004 FUND FUND DEPT ACCT CASH DESCRIPTION TITLE CODE CODE CODE CODE A kgGUIIYr DEPOSIT DATE: -1--79 RECEIPTS- 2947218-7M PLANNiNG APPL,FEES GEML 0010 44WEN 42i0W 6 oiool 4,150.03 Project Number _ Amount o Fee _ �Oi-6413-Qi2 J A[bdSht E- ?i[34-16 $700 $ #036-776-03i B Tom TPM Q4-i 6 $i,QQQ #056-410-020 L 2,L Surveying TKA 04-19 $1,000 #Q27-0t0-QQ4 C Gray TPM 64-17 $1,666 #06Pr 1411-0 18 CR 8.PAA FrV RA IAR 64-61 $350 LAND DEVELOPME€ff GENL 0010 440MA 46111700 101€01 1.0w.Dzi Project Number A`emouWk of Fee 9051-646-042 J A 1bnght l r-04-16 $150 #036-770-631 B Tarr'.TPM 1]4-18 $330 #058-4.10.020 L&L Surveying TPM 04-19 $276 #(127-QiM04 C Gray TPM 64-17. $336 ENVIRONMENTAL I-ILTH GENL 0010 3 4GI&I"0I 1.1€91001 Project Number Ara oust of Fee 00-1-g1-846-012J Albright!1P 04-16 $185 X36-770-1031 B To,,n TPW. 0416 $281 *056-410-Q20 L&L Surveying TPk-I 04-19 $241.56 #027-010-004 C Gray TPtJ 0417 $483 FIRE PLNG APPL FEE FIFE PROTECT 0109 X17240 Yaicol 430.00 Project Number Ampurd of Fee #06i-640-012 J Albright GP 04-18 $43 #036-770-0331 9 Tarri TPM 04-16 $129 #056-416-020 L 1 L Surveying TPM 04-19 $129 #027-0 10-004 C Gr3yr TPM 04-17 $129 HOWNI OE CLERK'S FILING FE GENL WiO 47 $ 46 11)319 101E01 40$0.00 (M) Project Number Amour-A of Fee #061-640-01 2 J.Albright t1F 04-10 $36 #038-770-031 8 Tani TPM 04-15 $36 *156 4i0-02Q L&L Surveying TKA 04-19 $36 #027-1110-064 C Gray TPM 04-17 $36 X166-140-018 C R S.PSR r ry FJ,VA,R'Q4-01 $35 TOTAL $ 7,031.00 APPRMI=-D BY: RECEIVED BY: .AUD[ QR'-CQMMLLER TREASURER C4 i��Lz�eva- C Butte County Department ofDevelopment ServicesAUT TF° PLANNING DIVISION ° 7 County Center Drive ° ° Oroville, CA 95965 ° - , ° -_��. (530) 538-7601 Telephone °�, y° (530)538-7785 Facsimile DU NZ ADMINISTRATION * BUILDING * GIS * PLANNING July 23, 2003 Craig and Margaret Fry 6435 Concord Court Magalia, CA 95954 Re: Minor Variance,MVAR 04-01, AP: 066-140-018 Dear Mr. and Mrs. Fry: At the regular meeting of the Butte County Planning Commission held November , 2004, your request for a Minor Variance to allow a house to encroach three(3)feet into a fifteen(15)-foot rear yard building setback on property zoned, R-1, (Residential) and located on the northeast side of Concord Court-, off of Adrian Drive, at 6435 Concord Court,Magalia, was approved subject to the Agenda Report.. Should you desire to appeal any of the conditions imposed by the Planning Commission,you must do so in writing,prior to 5:00 p.m., Monday, November 29, 2004 to the: i Clerk of the Board of Supervisors 25 County Center Drive Oroville, California, 95965. The appeal fee of$50.00 must be paid at that time. If you do not appeal, and if there are no other appeals within the 10 calendar-day appeal period, the action of the Planning Commission is final. PLANNING FEES Your project required a deposit of funds to begin processing of your application. You will be receiving an invoice detailing the planning charges incurred against that deposit. In the event the charges have exceeded the initial deposit,you will be invoiced.for those charges that have exceeded the amount deposited and for additional funds to be deposited for the completion of the project. If your project has been completed and there is a balance remaining of your initial deposit,it may be applied to any applicable additional fees as described below. If there are no additional fees,you will be refunded the balance of your deposit. APPROVAL OF PROJECT SUBJECT TO PAYMENT OF ALL APPLICABLE FEES Payment of all applicable fees will be required as a condition of approval for your project. Prompt payment of invoiced amounts will expedite the approval process in satisfying this condition. 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 Stephen Betts at 538-7153 between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Services Assistant Cc: Uletters\merge letters\ppprvar.dot T o�v r�o O O O C fir._` = O LterofficeMemorandum O - =- O TO: Planning Commission FROM: Steve Betts SUBJECT: Fry Minor Variance,File#MVAR 04-01, APN 066-140-018 DATE: For the November 18, 2004, Planning Commission Meeting At the October 28, 2004, Planning Commission meeting, the Commission voted 3-2 to approve a motion of intent to approve the Minor Variance for Craig and Margaret Fry. Because staff recommended denial, findings for project approval and conditions of project approval were not prepared. Staff has now prepared the findings for approval, found below, and conditions of project approval, found on the attached Exhibit A. ACTIONS FOR CONSIDERATION Staff recommends that the Planning Commission take the following actions: I. Find that this project is Categorically Exempt from the California Environmental Quality Act. Specifically, CEQA Guideline's Section 15305 - Minor Alterations in Land Use Limitations, Class 5 - (a) minor setback variances not resulting in the creation of any new parcel. The collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5. is not required. II. Zoning Ordinance 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 special circumstances that apply to this project are the small size of the parcel and the area needed for an on-site sewage disposal system, which severely limits expansion potential for the existing dwelling. Another special circumstance that applies is that seven other properties in the Paradise Pines area have been granted,variances to side and rear yard setbacks. Additionally, the dwelling on the project site was constructed when the project parcel was zoned RT-1, which only required ■BUTTE COUNTY PLANNING COMMISSION■FRY MINOR VARIANCE MVAR 04-01 ■ ■NOVEMBER 18,2004 ■PAGE I OF'5 ■ a rear yard building setback of S feet. The parcel is now zoned R-1, which requires a 15-foot building setback. 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. . Other properties in the Paradise Pines area have been granted variances to side and rear yard building setbacks. Granting of the Minor Variance would allow the applicant to enjoy property rights that are enjoyed by others in the Paradise Pines area who have been granted variances to side and rear yard building setbacks. C. This Minor Variance will not be materially 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 nearest dwelling to the proposed addition is located approximately five feet from the property line. The proposed addition would not be within the 5-foot side yard setback on the westerly side of the property. The rear yard setback encroachment would not adversely impact the privacy, and access to light and air, of the adjacent property. 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. Other property owners in the Paradise Pines R-1 zone could apply for a variance or minor variance if development activity would result in encroachment into a building setback. There have been seven variances or minor variances approved for encroachments into the side and rear yard setbacks in the R-1 zones in the Paradise Pines area. E. This Minor Variance will not allow a use or activity which is prohibited by the zoning regulation governing the parcel of property. The existing use on the project parcel is residential and the proposed use is residential. The encroachment into the rear yard setback would not allow any use or activity not allowed by the R-1 zoning district. F. This Minor Variance will not be incompatible with the Butte County General Plan. The proposed encroachment into the rear yard setback was reviewed with respect to the Goals and Policies found in the various Elements of the Butte County General Plan. The project does not conflict with any ■BUTTE COUNTY PLANNING COMMISSION■FRY MINOR VARIANCE MVAR 04-01 ■ ■NOVEMBER 18,2004 ■PAGE 2 OF 5 ■ element or policy of the. Butte County General Plan because the project would not increase or decrease the size of the property, would not allow any use not permitted by the zone in which the property lies, would not cause any environmental impacts, would not create a need for additional public services, and would not impact any open space. The project is consistent with Policy 4.2 of the Land Use Element because the project would maintain economic use and the value of private property. III. Action. A. Approve Minor Variance 04-01 for Craig and Margaret Fry on APN 066-140-018 to allow a portion of a proposed 543 square foot addition to an existing dwelling to encroach up to three (3) feet into a fifteen (15) foot rear yard building setback, subject to the findings indicated in Sections 1 and 2 of this report and subject to the conditions found in Exhibit"A". k:\planning\projects\mvar\fry.04-01\fry approval memo.doc ■BUTTE COUNTY PLANNING COMMISSION■FRY MINOR VARIANCE MVAR 04-01 ■ ■NOVEMBER 18,2004■PAGE 3 OF 5 ■ EXHIBIT A MINOR VARIANCE BUTTE COUNTY PLANNING COMMISSION DATE MVAR 04-01 MINOR VARIANCE NO. 066-140-018 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Craig and Margaret Fry are hereby granted a Minor Variance in accordance with application filed to allow a Minor Variance to allow a proposed 543 square foot addition to an existing dwelling to encroach up to three (3) feet into a fifteen (15) foot rear yard building setback. 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of the 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. 24-52. 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. Conditions of Approval: 1. Applicant must comply with all applicable State and local statutes, ordinances, and regulations. ■BUTTE COUNTY PLANNING COMMISSION■FRY MINOR VARIANCE MVAR 04-01 ■ ■NOVEMBER 18,2004■PAGE 4 OF 5 ■ 0 • 2. Prior to issuance of the Minor Variance, the applicant shall pay to the Department of Development Services any outstanding project-related processing fees. Fire Department/CDF 3. Construction, installation or development of structures or facilities on the parcel shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. 4. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. County Counsel r' 5. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. 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. Chairman, Butte County Planning Commission cc: Land Development Division Building Division Environmental Health Division Department of Forestry and Fire Prevention ■BUTTE COUNTY PLANNING COMMISSION FRY MINOR VARIANCE MVAR 04-01 ■ ■NOVEMBER 18,2004■PAGE 5 OF 5 ■ Richardson, Lynn From: Wannenmacher, Felix Sent: Wednesday, November 10, 2004 10:59 AM To:. Richardson, Lynn Cc: Miller, Gloria Subject: RE: Fry Agenda Report(MVAR 04-01) Hi Lynn, We can think about this more later. I realize the Board does put it on the regular agenda. Maybe because final CEQA findings are being made, it needs to be part of a hearing, but I am not sure. The minutes would still reflect the actions taken, even though there was no discussion due to the item being on the consent agenda. The item can still be pulled by anyone, commissioner or member of the public, to discuss it in that meeting, but you should add an agenda item called items pulled from the consent agenda, like the Board does. There should not be a notice problem where the original hearing was noticed, and the motion of intent was continued to a date certain. When one of these comes up in the future we should discuss it. If you have anything that you believe could go on a consent agenda, check with me so we can evaluate it. The flip side is that we do not need to have a consent agenda, since the planning manager hearing process has been eliminated and the commissioners seem to open up and talk about everything anyway. If there were a lot of items that needed to be voted on quickly, it would make sense, like it does for the Board. Perhaps for the Planning Commission, we should simply not have a consent agenda and review everything individually. These items should go faster since they are already done. Felix CONFIDENTIAL --ATTORNEY-CLIENT PRIVILEGE CONFIDENTIALITY NOTICE: This email transmission, and any documents or messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering this email to the intended recipient, then you are (1) notified that any disclosure, copying, distribution, saving, reading or use of this information is strictly prohibited, (2) requested to discard and delete this email and any attachments, and (3) requested to immediately notify us by email that you mistakenly received this message. Thank you. -----Original Message----- From: Richardson, Lynn Sent: Wednesday,November 10,2004 10:39 AM To: Wannenmacher, Felix Subject: RE: Fry Agenda Report(MVAR 04-01) The Board puts Motion of Intents, closed hearing on the regular agenda and not the consent, maybe we need a non- public portion of the agenda. What do you think. Continued hearings have historically been put on the hearing portion first. The Commission could change their minds. From: Wannenmacher, Felix Sent: Wednesday, November 10, 2004 10:18 AM To: Betts,Steve; Richardson, Lynn Cc: Miller,Gloria Subject: Fry Agenda Report(MVAR 04-01) Hi Steve and Lynn, I reviewed the findings for granting the variance. I have only one correction,which I talked to Steve about, that a finding related to the change in zoning creating the greater setback after the property was acquired by the applicant,which I believe Mr. Evans included as a basis, should be added toll A. Lynn, in the future, where there is a motion of intent and staff is just coming back with the actions required, you could place the matter on the consent agenda so that it does not have to be discussed, but could be pulled off and discussed if someone wants to discuss it. Felix 1 v CONFIDENTIAL--ATTORNEY-CLIENT PRIVILEGE CONFIDENTIALITY NOTICE: This email transmission, and any documents or messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering this email to the intended recipient, then you are(1) notified that any disclosure, copying, distribution, saving, reading or use of this information is strictly prohibited, (2)requested to discard and delete this email and any attachments, and (3) requested to immediately notify us by email that you mistakenly received this message. Thank you. 2 Butte County Departwent of Development Services °�13T TF° PLANNING DIVISION 00 7 County Center Drive o / ° Oroville, CA 95965 ° _ _ .y. ° (530)538-7601 Telephoney° (530) 538-7785 Facsimile DUN'S ADMINISTRATION ' BUILDING ' GIS ' PLANNING October 29, 2004 Craig and Margaret Fry 6435 Concord Court Magalia, CA 95954 Re: WAR 04-01, AP: 066-140-018 Dear Mr. and Mrs. Fry: ' At the regular meeting of the Butte County Planning Commission held October 28,2004,the public hearing was continued to November 18, 2004 at 9:00 a.m. with a Motion of Intent to approve your application for a Minor Variance to allow a house to encroach three(3)feet into a fifteen(15)-foot rear yard building setback. The property is located'on the northeast side of Concord Court, off of Adrian Drive, at 6435 Concord Court, Magalia. This meeting will be held in the Board.of Supervisors' Room, 25 County Center Drive, Oroville, California. Should you have any questions regarding this matter, please contact Stephen Betts at 538-7153 between 8:00 a.m. and 4:00 p.m.,Monday through Friday. Sincerely, n Lynn Richardson Planning/Administrative Support Services Assistant Ar Bletters\merge letters\CONTNUE.dot Butte County Departrnent ofDevelopment Services �13 T rF PLANNING DIVISION ° ��� i ° 7 County Center Drive o `` o Oroville, CA 95965 0 _4_-• o 530 538.7601 Telephone ° l° ( ) p CSU N�,l (530) 538-7785 Facsimile ADMINISTRATION ' BUILDING " GIS ' PLANNING August 26, 2004 Ci�,6g and M�u-giu-ct.Fry 6435 Concord Court Magalia, CA 95954 Re: WAR 04-01, AP: 066-140-018 Dear Mr. and Mrs. Fry: At the regular meeting of the Butte County Plamiing Commission held August 26, 2004,the public hearing was continued to October 28, 2004 at 9:00 a.m. to consider your application for a Minor Variance to allow a house to encroach three (3) feet into a fifteen (15)-foot rear yard building setback. The property is located on the northeast side of Concord Court,off of Adrian Drive,at 6435 Concord Court, Magalia. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. Should you have any questions regarding this matter, please contact Stephen Betts at 538-7153 between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Services Assistant /lr cc: BietteMner;e letters\CONTINUE.dot Butte County Department of Development Services �%J T rF PLANNING DIVISION °° °° 7 County Center Drive o moi``' o Oroville, CA 95965 530 538-7601 Telephone ( ) p (530) 538-7785 Facsimile cOU Nay ADMINISTRATION * BUILDING * GIS * PLANNING August 16, 2004 Craig and-Margaret Fry 6435 Concord Court Magalia, CA 95954 Re: WAR 04-01, AP: 066-140-018 Dear Mr. and Mrs. Fry: Enclosed is a copy of the Agenda Report concerning your application for a Minor Variance to allow a house to encroach three (3) feet into a fifteen (15)-foot rear yard building setback on,property zoned R-1 (Residential)and located on the northeast side of Concord Court, off of Adrian Drive,at 6435 Concord Court, Magalia. Should you have any concerns with the report or conditions of approval,please contact us in advance of the meeting so that we may work together to resolve your concerns. A public hearing has been set for August 26, 2004, at 9:00 a.m. This meeting will be held in the Board of Supervisors'Room, 25 County Center Drive, Oroville, California. The Planning Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. 'Should you have any questions regarding this matter,please contact Stephen Betts of this office at 538-7153, between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Services Assistant Enc. cc: R BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT - AUGUST 26, 2004 Applicant: Craig and Margaret Fry Location: On the northeast side of Concord Court, off of Adrian Drive, at 6435 Concord Court, Magalia File #: MVAR 04-01 Parcel Size: 0.28 acres (12,197 sq. ft.) Request: Minor Variance to allow a Supervisor 5 543 sq.'ft. addition to an District: existing dwelling to encroach three (3) feet into a fifteen (15) foot rear yard building setback G.P.: Low Density Residential Planner: Steve Betts, Senior Planner Zoning: R-1 (Low Density Attachments: Residential) A: General Plan/Zoning Map Zone Date: December 13, 1994 B: Statement from Applicants APN: 066-140-018 C: Photographs D: Site Plan date-stamped Jan. 28, 2004 EXECUTIVE SUMMARY: The project would allow an addition to a dwelling to encroach three feet into a fifteen foot rear yard building setback. Staff recommends denial of this project due to the inability to meet all of the findings required to grant a Minor Variance. PROJECT DESCRIPTION/SITE CHARACTERISTICS: • The project would allow a portion of a 543 square foot addition to the applicant's dwelling to encroach three (3) feet into a fifteen (15) foot rear yard building setback. Approximately 69 square feet of the addition would be placed in the rear yard setback. The proposed addition would not encroach into the 5-foot side yard building setback on the westerly side of the property. ■ BUTTE COUNTY PLANNING COMMISSION ■FRY MINOR VARIANCE WAR 04-01 AGENDA REPORT ■ ■AUGUST 26,2004■PAGE 1 OF 6 ■ • The proposed encroachment three (3) feet into the rear yard setback would be 20% of the required standard (3 feet _ 15 feet = 20%). A Minor Variance allows an encroachment of no more than 20% of the required standard. • One of the applicants is mobility-impaired, and the addition to the house is needed to allow sufficient living area to accommodate this individual. • The project site is developed with a 1,500 square foot single story dwelling with an attached 484 square foot garage, several decks, an above-ground swimming pool, and a septic system. The proposed addition would add a master bedroom and bathroom onto the existing dwelling. • According to the applicants, the existing septic tank and leach field prevents expansion of the dwelling to the southeast. The septic tank is located behind the existing dwelling, with the existing leach lines and replacement area to the southeast of the dwelling. • A ten foot wide public utilities and recreational easement is located at the rear of the property. The easement encompasses approximately 1,320 square feet of the project site. No improvements, such as structures or leach field lines, can be placed in this area. • The project site is located in an area that is zoned R-1 and has a General Plan Land Use designation of Low Density Residential. • The project parcel is 0.28 acres (12,197 sq. ft.) in size and is Lot 102 of the Paradise Pines Country Club Estates No. 3 Subdivision Map, which was recorded in 1971. • Land use on all of the surrounding parcels is single family dwellings on parcels that vary in size from 0.26 to 0.58 acres. • The dwelling on the project site was built in 1979 and at that time the parcel was zoned RT-1 (Medium Density Residential-Mobile Home). The RT-1 zone required a minimum side and rear yard building setback of five (5) feet. The parcel was rezoned to R-1 in 1994, which required the current 15-foot rear yard building setback. • There have been seven Variances or Minor Variances approved for encroachments into side and rear yards setbacks in the R-1 zone in the Paradise Pines area. ANALYSIS: • Butte County Code Section 24-52 states that the Planning Commission may grant a Minor Variance, at a maximum reduction of twenty (20) percent, if, on the basis of the application and the evidence submitted, the Commission makes findings of fact that establish that the circumstances prescribed in paragraphs (1) through (6) below apply. A response from staff for each finding is included. (1) That 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. o BUTTE COUNTY PLANNING COMMISSION■FRY MINOR VARIANCE MVAR 04-01 AGENDA REPORT■ ■ AUGUST 26, 2004 ■PAGE 2 OF 6 ■ • • The special circumstances that apply to this project are the small size of the parcel and the area needed for an on.-site sewage disposal system, which severely limits expansion potential for the existing dwelling. However, denial of this Minor Variance would not deprive the applicants of the privileges enjoyed by other properties in the vicinity. (2) That granting the Minor Variance or its modification 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. This finding cannot.be met. The applicant has already established the substantial property right on the parcel, that being a single family dwelling unit. Granting of the Minor Variance would not deprive the applicant of'any property rights enjoyed by others in the project area. (3) ' That granting the Minor Variance or its modification will not be materially 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 nearest dwelling to the proposed addition is located approximately five feet from the property line. The proposed addition would be within the 5-foot side yard setback on the westerly side of the property. The rear yard setback encroachment would not adversely impact the privacy, and access to light and air, of the adjacent property owners to the west and north. (4) The granting of this Minor Variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. Other property owners in the Paradise Pines R-1 zone could apply for a variance or minor variance if development activity would result in encroachment into a building setback. There have been seven variances or minor variances approved for encroachments into the side and rear yard building setbacks in the R-1 zones in the Paradise Pines area. (5) The granting of this Minor Variance does not allow a use or activity which is prohibited by the zoning regulation governing the parcel of property. The existing use on the project parcel is residential and the proposed use is residential. The encroachment into the rear yard setback would not allow any use or activity not allowed by the R-1 zoning district. (6) That granting the Minor Variance or its modification will not be incompatible with the Butte County General Plan. The proposed encroachment into the rear yard setback does not conflict with any element or policy of the Butte County General Plan. i • Staff's evaluation of these six findings based upon information in the administrative record determined that findings (1) and (2) cannot be met. ■BUTTE COUNTY PLANNING COMMISSION ■FRY MINOR VARIANCE MVAR 04-01 AGENDA REPORT■ ■AUGUST 26,2004 ■PAGE 3 OF 6 ■ • There is a hardship with respect to the small size of the parcel and because of the on-site sewage disposal system. The existing leach fields and replacement area encompass a large area that cannot be built upon, thus limiting where expansion of the dwelling can occur. • The location of these improvements, the existing interior design of the house, and the small size of the parcel are contributing factors that limit alternatives for development. • The rear yard setback encroachment would not adversely impact the privacy, and access to light and air, of the adjacent property owners to the west and north. Alternatives • One alternative to the project would be to reduce the size of the proposed addition so that it does not encroach into the rear yard setback. This alternative would reduce the size of the addition from 543 square feet to approximately 474 square feet and slightly change the design of the addition. The loss of approximately 69 square feet of living area does not appear to be significant, but the applicants have indicated that the extra square footage is needed. • Another option would be to add on to the dwelling at another location, primarily to the southeast, which would not encroach into any required building setback. Doing so would require the removal and relocation of the septic tank, leach lines, and a HVAC unit. Due to the small size of the project parcel, relocation of the existing leach lines does not appear to be possible. The existing interior plan of the dwelling would not easily allow expansion to the southeast. In addition, the slope of the project parcel would require a tall stem wall to support expansion to the southwest. • A third option would be to build another story onto the dwelling. However, the applicants indicate that this is not an option because Mrs. Fry is mobility-impaired and would not be able to climb the stairs to reach the second floor. This could be overcome by the installation of a stair/wheelchair lift Other Issues • The Butte County Building Division requires building permits for the proposed bedroom expansion. • Butte County Fire Department/CDF, Public Works Department, Agricultural Commissioner, LAFCo, Environmental Health Division, Del Oro Water Co, and Paradise Pines Community Association did not object to the project or recommend any conditions. Conclusion The special circumstances noted in the previous sections do not allow for the findings necessary to grant this minor variance and indicate that the adjustment authorized would constitute a grant of special privilege inconsistent with the limitations placed upon other properties in the vicinity and zone in which the property is situated. ■ BUTTE COUNTY PLANNING COMMISSION■FRY MINOR VARIANCE MVAR 04-01 AGENDA REPORT ■AUGUST 26,2004 ■PAGE 4 OF 6 ■ • ACTIONS FOR CONSIDERATION Staff recommends that the Planning Commission take the following actions: I. Find that this project is Categorically Exempt from the California Environmental Quality Act. Specifically, CEQA Guideline's Section 15305 - Minor Alterations in Land Use Limitations, Class 5 - (a) minor setback variances not resulting in the creation of any new parcel. The collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5. is not required. II. Deny Minor Variance 04-01 for Craig and Margaret Fry on APN 066-140-018 to allow a portion of a proposed 543 square foot addition to an existing dwelling to encroach three (3) feet into a fifteen (15) foot rear yard building setback, subject to 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 special circumstances that apply to this project are the small size of the parcel and the area needed for an on-site sewage disposal system, which severely limits expansion potential for the existing dwelling. However, denial of this Minor Variance would not deprive the,applicants of the privileges enjoyed by other properties in the vicinity. 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. This finding cannot be met. The applicant has already established the substantial property right on the parcel, that being a single family dwelling unit. Granting of the Minor Variance would not deprive the applicant of any property rights enjoyed by others in the project area. C. This Minor Variance will not be materially 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 rear yard setback encroachment would not adversely impact the privacy, and access to light and air, of the adjacent property owners. The nearest dwelling to the proposed addition is located approximately five feet from the property line. The proposed addition would be within the 5-foot side yard setback on the westerly side of the property. The rear yard setback encroachment would not adversely impact the privacy, and access to light and air, of the adjacent property owners to the west and north. ■ BUTTE COUNTY PLANNING COMMISSION ■ FRY MINOR VARIANCE MVAR 04-01 AGENDA REPORT■ ■ AUGUST 26, 2004 ■PAGE 5 OF'6 ■ i 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. Other property owners in the Paradise Pines R-1 zone could apply for a variance or minor variance if development activity would result in encroachment into a building setback. There have been seven variances or minor variances approved for encroachments into the side and rear yard setbacks in the R-1 zones in the Paradise Pines area. E. This Minor Variance will not allow a use or activity which is prohibited by the zoning regulation governing the parcel of property. The existing use on the project parcel is residential and the proposed use is residential. The encroachment into the rear yard setback would not allow any use or activity not allowed by the R-1 zoning district. F. This Minor Variance will not be incompatible with the Butte County General Plan. The proposed encroachment into the rear yard setback was reviewed with respect to the Goals and Policies found in the various Elements of the Butte County General Plan. The project does not conflict with any element or policy. of the Butte County General Plan because the project would not increase or decrease the size of the property, would not allow any use not permitted by the zone in which the property lies, would not cause any environmental impacts, would not create a need for additional public services, and would not impact any open space. The project is consistent with Policy 4.2 of the Land Use Element because the project would maintain economic use and the value of private property. k:\planning\projects\mvar\fry\fry mvar 04-01 denial report.doc ■BUTTE COUNTY PLANNING COMMISSION■FRY MINOR VARIANCE MVAR 04-01 AGENDA REPORT■ ■AUGUST 26,2004 ■PAGE 6 OF 6 ■ Vicinity �y me i o� r Rd A n hi//?o i m I . i t o• �o m c c Pro ect Location ' d m _ boa r o�ey�J � V) opo' an yi//gyp WAR 04-01 066-140-018 W NINE pr 10 - 1 ■ �; 01 MIN jam �r'��� _A�♦����� � � ♦!ter► ■ r� •�� � els© ��i �♦ -� ���i • ♦� WE r1w, i MA F AW '11MI■AL I/�/%1 jam♦ I■�■11■��■��►��I�11\fir � ���•�' ,. 0 700 1400 2100 2800 3500„ BUTTE COUNTY PLANNING COAUMSSION Applicant: Craig&Margaret Fry Hearing Date: August 26,2004 @ 9:00 am Existing Zone: R-1 (Residential) N Supervisorial Request: Minor Variance to allow a house to encroach three feet into a fifteen foot rear yard setback. District#5 Assessor No: 066-140-0181 1 VeG22u1. 16JIU6J jn: ()()Q-1 tQ'tl} � f_•'(r:fihVltt1d t�i� i4�+fT1c,r,: j/.jnsc)t RIMY C.40711ln// 1 jJunz�:Incur>c,�rr.}, ;�Lrr)ir;r,{ ,.1{�t r tl;t-ru pouf u.7L a:Jiq 2ci} Tt,Y' _ pr�tact# . .it!, jh)q '�A,d:Oo 9,U), ri•Ceu3� utrt:: t;-! �L' <Igr,Jt,l31) (;.i1`C-._.._...� '_�•�.•-� 1C 1 _.til t'ilk: S1^0 SHO ;SW Edi t7tip,b�jw ot,- � t LAI C,y 1l i J•f/_�/ 1 �' =1\�- {/�� 4 „iUl1t.C�[?`t.{ tSfr}{jytf'tl 1 1,, 1!N-�tQ �s ` rj Uri1 WIMPs 4 iUUQulO%��Ja. •', Y 3r/a C`t � W \� �r �� - b-O 1 ti moi` �% ''•, i --- ............ _.f ----- _ ........._.. ... 1 L_...._-......_,..T.._...__.. .._..._______'.._. .....-... ...._ ...__-. �....._.._ I ........1...........-I...._..1._ 1... .. I I � ���■■■.�3�...�--- .,�-. �--r :�— �►.� ter,-_--.�,. 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GUGLo,7t+ '�. - Lrri lafn .� J.(��.ri lnr., t'..6 .'Ltd rr Nor j �) '• [ � "{luJ U:j{{.: 4i{l.' ,t) .r�(1? ,S �•(�(i LTI sielpli youG. !{ JCJ '14, [:l:JAC:_'9iii..JI91rY�4�' CJK:Y JYL1.'7G►'.b'CC_fri�r'.�•.:i' '. •"S=ARM= '7�^J�'-` '�S'.1i 1'4T'=--m 7 �a__ yc�.. rde•.'RY.•c�c:._• a� .se►r�erorc--atara�'C.�3.� ��.4..�4L� ��O�i��,V}r1 1 ' - r Ul 4 w-c f �! ` f, gQASL OL r F� • -'•a1 i;� i rr a r - t tar u L Oe 11T 110 N91 e Betts, Steve From: Craig Fry[cfry@aerounion.com] Sent: Wednesday, April 21, 2004 12:04 PM To: Betts, Steve Subject: APN 066-140-018, File# MVAR 04-01 Steve, I am sending this information in response to your letter asking for more supporting information for our Minor Variance. The prior owner and builder of this house had it positioned on the lot which limits any additions to the property. Lots in the area do allow for additions in which we are limited. Property owners in our area also have the privilege of adding a second story to meet their needs which again is not an option for us because of my wife's disability. Both examples have taken place in the court behind our house. For us to have the same rights as the other property owners to improve our property to meet our new needs, we will need this minor variance approved. The variance extends the addition beyond the length of our current master bedroom. It will provide 69 additional sq. ft. to the living space for my wife to use. For her to be able to preserve her enjoyment of our property it will need to be improved to accommodate her new limitations. My wife rarely has the ability to leave the house which makes every sq. ft. valuable. The space at the back of the house has become wasted space and has little to do with our ability to enjoy our property. Your consideration of this issue is appreciated. Thank You Craig Fry � h t' 1 BUTTE COUNTY PLANNING COMMISSION NOTICE TO THE PUBLIC Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on Thursday, August 26, 2004, in the Butte County Board of Supervisors'Room County Administration Center,25 County Center Drive, Oroville, California, regarding the following item at the following time: i ITEM NOT SUBJECT TO ENVIRONMENTAL REVIEW 9:00 a.m. - Craig and Margaret Fry,Minor Variance to allow a 543 sq. ft. addition to an existing dwelling to encroach three (3) feet into a fifteen (15) foot rear yard building setback on property zoned R-1 (Residential). The property is located on the northeast side of Concord Court,off of Adrian Drive,at 6435 Concord Court, Magalia. APN 066-140-018 (SB) (MVAR 04-01) The above-mentioned application and map is on file and available for public viewing at the Office of the Butte County Development Services Department, Planning Division, 7 County Center Drive, Oroville, California. For information call: (530) 538-7601 (Monday through Friday, 8:00 a.m. to 4:00 p.m.) Comments maybe submitted in writing any time prior to the hearing or orally at the meeting listed above or as may be continued to a later date. 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. If you challenge the above application in court,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Development Services Department, Planning Division, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION To be published in the Paradise Post on Saturday, August 14, 2004. i 066-150-035 BOYD BARBARA JEAN 13599 ANDOVER DR MAGALIA CA 95954 066-140-023 DENNY PATRICIA D ETAL 6488 BOONE CT MAGALIA CA 95954 066-140-025 DOYLE AUDREY M & DONALD A TRUST 6489 BOONE CT MAGALIA CA 95954 066-140-005 DUNNE FAMILY LIVING TRUST 13535 ADRIAN DR MAGALIA CA 95954 066-140-004 FISHER MARILYN 13543 ADRIAN DR MAGALIA CA 95954 066-150-034 GATES-GILLEY PRISCILLA P O BOX 1486 MAGALIA CA 95954 066-140-027 HAMBLIN BORDEN L & KELLY 13612 ANDOVER DR MAGALIA CA 95954 066-140-015 HERL JON C &JAMMIE N 13532 ADRIAN DR MAGALIA CA 95954 050-020-001 JOHANSSON JOHN 650 ROBERTS RD PARADISE CA 95969 066-140-013 JONES WILLIAM E B & MARYBETH 13520 ADRIAN DR MAGALIA CA 95954 066-1.40-019 MALLON THOMAS A&THERESE E 13540 ADRIAN DR MAGALIA CA 95954 066-140-020 MCALEAVEY GORDON V&MARGARET D JT 13600 ANDOVER DRIVE MAGALIA CA 95954 066-140-024 MCCLISH SURVIVORS TRUST 6490 BOONE CT MAGALIA CA 95954 066-140-003 MORRIS ELWOOD P JR& FRANCES A 13586 ANDOVER DR MAGALIA CA 95954 066-140-007 NESCI COSIMO & KELIE 2211 DE MILLE RD PARADISE CA 95969 066-010-008 PARADISE PINES PROPERTY OWNERS ASSN PO BOX PP MAGALIA CA 95954 066-140-016 PUTNAM ANDREW REED &SHARION LEE WILTON 6438 CONCORD CT MAGALIA CA 95954 066-140-026 RENDON MICHAEL & R JOYCE TRUST 6485 BOONE CT MAGALIA CA 95954 066-140-021 RIVERA ISAAC &JANET R 13602 ANDOVER DRIVE MAGALIA CA 95954 j 066-140-017 ROBERTS JAMES DANIEL& CHRISTINE MARYLYN 6437 CONCORD CT MAGALIA CA 95954 066-150-033 SILER ELVA A& ELIZABETH M REV TRUST 13607 ANDOVER DRIVE MAGALIA CA 95954 066-140-014 SNEAD LEON G &JAKI J 13526 ADRIAN DR MAGALIA CA 95954 066-140-022 SORG THERESA L 6484 BOONE CT MAGALIA CA 95954 066-140-006 STRAILY FAMILY TRUST 13529 ADRIAN DR MAGALIA CA 95954 066-150-036 WORTHING JUNE L 13591 ANDOVER DR MAGALIA CA 95954 i j r ,a� o An ., �. •`�'� I �� torn- r - S fpr±��17��4 h•1 w U. � � h � � •`�� ��' ..J• � , I•. �! wi , '.x� j(� CJI�,��� 1� Ij� !Y. ^,Zy•,��� ��l � � y ltd •, Y � ,C- �i e • �• �r2 / :,fie -'•[ !", � `J � ti t' .ri�.lti�''► � Z!� s�;,�j•'+t (�:7 1. !. ;:.a l �'�� � •' n 1: �•. �:'b.+�•c jw 2: '•.i y •. i .' s ,t�J�`"• � r t .'1`�`C/p':`r /„ f1Jli•aay�Rih:Y �'•@` �.( ifeA1t M " •� �: ;'r 3_��°'/..r's !• ?��y'!�s" '14 UY'+115 ,• 's�`�``!`� _ «� � Y• ,tile!' a /`� +iW �+a��;•��t ��`'".��i�L.i�r?'"i`attX�+i �� ..�`Aae���,,,'i:,.��3' 'w.it _ ;"to .�^T� s i 6Q L �— lit � � � y 11 i �� y � 'tiF�� • � ,. � , � � � � r - � � \ � rr,,�,�,,,,,���� - !/ � i,`, , �, ,b�a, ,� ..� ��''�ww �' " .0� E!. q .�"`�:Y �,'.�� Et �.3j �-� _tea. s,, � '�,/� �,� K f^ IIJJ •1t An /�a Jj I ll ' '� �_ � ria <„� � ��� ice,` �' _- � - c.� � _- ;yam � .�-�.:.«_.,.. ,.. i) �.1 _ _-- a !'�� w,.:�,�,�_ I Hca �� �, t- "...J1.=I �-c I `� � �� N s 1i. ON, •`/ �X ._ rte._- -__ --/.__� L \ tl. _ I - ,r J � 5 _ 1 1A11 I /. ff:�,&_ -',t :•� �`�• ,�� elf i IDR Meeting r a1 Uo Pr ject Date Issues: -Department----------- _ __ ----- --- -.._ ..Issues-------- — -- - --Decision-- Planning CDF Building •C�;��„( �� Ag Commissioner Public Works Env Health Assessor County Counsel AP 066-140-018 Craig & Margaret F MVAR 04-01 Project Location PLANNER CHECK IMMEDIATELY FOR / DISTRIBUTION OF PUBLIC HEARING NOTICES , Dia. .uxonmaki ok I � � CHECK IMMD04VIE A Lou bv.OASC%. 'foew tau INv a I l \ fVMVb Gd �- � ` •` 1-' �/•\ moi. -, .. Lst ggL nuo, a "fib, oee-J.10-049 i r� .� ,V 1 b 'V{, ' ♦ � _ � 1 '� o - � .. '� - .x— - - - � .. , --_ _ ;u - � - - - - — -- -- 'i � �� ry `_ - _ - � _a __ - _ a � � . '� .k � i a •. �� � .. y, ,p ti ,� 1," i { '� � � .. K ` 1 � K- _ A i i 4 e. . I �A j� i y y �t J x � N .. �t� _ A Butte County Department ofDevelopment Services T TF YVONNE CHRISTOPHER,DIRECTOR o�� 0 0 0 7 County Center Drive o --- _ o Oroville,CA 95965 0TJ o (530)538-7601 Telephone c�U NZy (530)538-7785 Facsimile ADMINISTRATION *BUILDING*GIS *PLANNING February 3, 2004 Craig and Margaret Fry 6435 Concord Court Magalia, CA, 95954 Re: Minor Variance,MVAR 04-01, APN 066-140-018 Dear Mr. and Mrs. Fry: In an effort to keep our customers informed,we are notifying all applicants about the current status of their application and assigned Planner. Your project has been assigned to Stephen Betts and he can be reached at 538-7153,between 8:00 a.m. and 4:00 p.m., Monday through Friday. Your project is being reviewed for completeness. Should you have any questions regarding your application,please call the planner listed above. Sincerely, xL L�hardson Planning/Administrative Support Service Assistant Butte County Department of Development Services PLANNING DIVISION o�V T T�o 7 County Center Drive o 0 Oroville,CA 95965 0 0 (530)538-7601 Telephone o= : _'o (530)538-7785 Facsimile February 3,2004 c�U N'�y TO: FROM: Stephen Betts,Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Craig and Margaret Fry, Minor Variance- MVAR 04-01 APN: 066-140-018 DATE OF IDR: 2/18/2004 IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: February 9, 2004 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: February 26, 2004 The Planning Division has received a project application as described below. This application is being provided to you for review._ This is your opportunity to make comments regarding the completeness of this application, to be determined at the Inter-Departmental Review (IDR) Committee meeting on 2/11/2004, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Minor Variance to allow a house to encroach three (3) feet into a fifteen(15)-foot rear yard building setback PROJECT LOCATION: on the northeast side of Concord Court, off of Adrian Drive, at 6435 Concord Court, Magalia COUNTY SUPERVISOR DISTRICT NO.: 5 ZONING: R-1 (Residential) GENERAL PLAN: LDR(Low Density Residential) If a response cannot be submitted prior to the due dates listed above,please call Stephen Betts at (530) 538-7153 or send him an e-mail at Sbetts@buttecounty.net. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for June 10, 2004 before the Planning Commission. IDR COMMITTEE —APPLICATION COMPLETE: ❑ No (Please send response to Sbetts@buttecounty.net by February 9, 2004,) ❑ Yes (Conditions/mitigation measures due by February 26, 2004,) K:\Planning\Projects\CommentRequestForm.dot 0 "DRAFT"LEAD IN SHEET FILE NO: 2 OLA -01 AP# D LO Lo• (Q Q -O 5,73 APPLICANT: Craia and Akraare I''1/ , (may-b-r *y%ol4 m OWNER: REPRESENTATIVE: PROPOSED REQUEST: (to be filled out by person taking in ap lication) l��noc- \ CQ41'arc -k-a gGsc- AL^C_ C1% - k re- FINAL REQUEST: (to be filled out by project planner) SIZE: 0.Z$ Qg,f Gb LOCATION: Qe o 2a s�- r.,ia Magct�iq SUPERVISORIAL DISTRICT# EXISTING ZONING: R �� GENERAL PLAN DESIGNATION: LDS ASSIGNED PLANNER: �/oi� PLANNER'S INITIALS Date Application Received Z 0� Date Proiect Assigned Z/.2, 0L IDR Date //1S! 30 Day Complete 12/2 by Preset Hearing Date KAPlanning\Forms\Lead In Sheet.doc .4V COMMENT DISTRIBUTION LIST Coun O,fttices and Cities: /ief Administrative Officer Develop.Services Director Public Works Director Environmental HealthAssesor Building Manager Sheriff BCAG _ALUC X LAFCo _Air Quality Mgmt. _B e Co.Farm Bureau /Information '"gs _Gridley _ ico oville Paradise Chico Airport Commission Systems Dept. 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OWID Thermalito IrrigationDistrict _Other Sewer _Butte Water District _Themalito Irrigation _Sterling City Sewer Main S arisen Subdivision(CSA 21) _L.O.A.PUD F' a Protection X California Department of Forestry _EI Medio Fire Protection District Recreation Districts _Chico Area Recreation _Durham Area Recreation _Feather River Rec.&Park Paradise Recreation&Park Richvale Recreation &Parks � it es dPG&E North-Chico _Chambers Cable TV /VPacific Beil PG&E South-Oroville Viacom Cable TV State Agencies / _CalTrans(Traffic) _Dept.of Water Resources V /Dept.of Fish and Game _Forestry(Attn:Craig Carter) _Dept of Parks and Rec. _Highway Patrol _Central Reg.Water Quality Cont. _Caltrans,Aeronautics Program _Off.of Governmental&Env.Relations _Department of Conservation _Off.of Mining Reclamation Dept.Social Services,Comm.Care Licensing Federal Agencies _US Forest Service _US Bureau of Land Management _US Fish&Wildlife Service _Army Corps of Engineers _National Marine Fisheries Sservice Other Districts,Agencies,Committees,etc. _Lime Saddle Dist _Community Association School Districts Drainage _Butte Env.l Council 4 Reclamation _Cal Native Plant Society Butte Co.Mining Committee - Forest Ranch Community Assoc. Paradise Pines G Saoc. �op• 06d4PrkO Butte Ck.Watershed Conservancy _Mosq.Abatement.Oroville/Butte Co K:\Planning\Forms\DISTR.wpd Environmental Setting 32) It is a residential lot with a house. The lot has an average slope and very little slope in the area of the addition. There are several oak trees and a few shrubs. 33) The surrounding lots have residential single family homes. Most trees in the area are oaks with a few pines. Most of the lots have fences along their property lines. The addition is a single story room to the back corner of the existing house extending into the backyard. BUTTE JAN 2 9 2004 DEV WniiENT SERVICES rr x k� 'h. 4 r3C �+i 3 i • 1 r� f c`'tc .Y }rte' i17�r :k- ,�f" Page 1 of 1 Betts, Steve From: Betts, Steve Sent: Tuesday, August 24, 2004 7:48 AM To: Richardson, Lynn; Baker, Joseph Subject: FW: Public Hearing - Fry MUP The applicant will not be able attend the Planning Commission meeting this Thursday and has asked that his project be. continued until 9/9. It is important that he be there since we are recommending denial so if he can't be there the hearing should not be held. -s- Stephen Betts Senior Planner Butte County Planning Division 7 County Center Drive, Oroville, CA 95965 Desk- (530) 538-7153 Fax —(530)538-7785 From: Craig Fry [mailto:cfry@aerounion.com] Sent: Monday, August 23, 2004 3:50 PM To: Betts, Steve Subject: Public Hearing Steve, I am scheduled for the public hearing on August 26, 2004 and would like to have it moved to the September 9, 2004 hearing because of scheduling conflicts with my job and the fire season. Please let me know if this is still workable per our conversation. Thank You, Craig Fry 8/24/2004 1 . � Page 1 of 1 Betts, Steve From: . Craig Fry [cfry@aerounion.com] Sent: Monday, August 23, 2004 3:50 PM To: Betts;Steve Subject: Public Hearing Steve, I am scheduled for the public hearing on August 26, 2004 and would like to have it moved to the September 9, 2004 hearing because of scheduling conflicts with my job and the fire season. Please let me know if this is still workable per our conversation. Thank You, Craig Fry 8/24/2004 Butte County Department ofDevelopment Services u T rF YVONNE CHRISTOPHER,DIRECTOR o 0 0 0 7 County Center Drive o - - o Oroville,CA 95965 0 -- �'s=�' o (530)538-7601 Telephone c�U N'�y (530)538.7785 Facsimile ADMINISTRATION*BUILDING* GIS*PLANNING j April 8, 2004 Craig Fry 6435 Concord Court Magalia, CA 95954 Re: Minor Variance for Craig and Margaret Fry on APN 066-140-018, File # WAR 04-01 Dear Mr. Fry: As we discussed during our phone conversation yesterday, the Planning Commission must find that the granting of your Minor Variance is necessary for the preservation and enjoyment of substantial property rights. Specifically, the Planning Commission must make the following fmding in order to grant a Minor Variance: That. granting the minor variance or its modification 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 supporting information with regards to the above finding that you included in your application does not contain sufficient details for us to recommend approval to the Planning Commission. Please provide us with additional information to support this ----- -finding-I-cannot-guarantee-you-any-additional-information-you-supply-will-allow-us-to— -- —_ recommend approval to the Planning Commission. Should you have any further questions regarding this matter, I can be reached between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, at (530) 538-7153, or via e-mail at sbetts@buttecounty.net. Sincerely, Stephen Betts Senior Planner Page 1 of 1 Betts, Steve From: Betts, Steve Sent: Thursday, March 25, 2004 12:24 PM To: Baker, Joseph Subject: Review of agenda report for Fry Minor Variance Attached for your review is the Planning Commission agenda report for the Fry Minor Variance project. =S- Stephen Betts Senior Planner Butte County Planning Division 7 County Center Drive, Oroville, CA 95965 Desk- (530) 538-7153 Fax —(530)538-7785 3/25/2004 , Betts, Steve From: Wannenmacher, Felix Sent: Wednesday, November 10, 2004 10:18 AM To: Betts, Steve; Richardson, Lynn Cc: Miller, Gloria Subject: Fry Agenda Report(MVAR 04-01) Hi Steve and Lynn, I reviewed the findings for granting the variance. I have only one correction,which I talked to Steve about, that a finding related to the change in zoning creating the greater setback after the property was acquired by the applicant,which I believe Mr. Evans included as a basis, should be added to 11 A. Lynn, in the future, where there is a motion of intent and staff is just coming back with the actions required, you could place the matter on the consent agenda so that it does not have to be discussed, but could be pulled off and discussed if someone wants to discuss it. Felix CONFIDENTIAL --ATTORNEY-CLIENT PRIVILEGE CONFIDENTIALITY NOTICE: This email transmission, and any documents or messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, ora person responsible for delivering this email to the intended recipient, then you are(1)notified that any disclosure, copying, distribution, saving, reading or use of this information is strictly prohibited, (2)requested to discard and delete this email and any attachments, and (3) requested to immediately notify us by email that you mistakenly received this message. Thank you. 1 Betts, Steve From: Wannenmacher, Felix Sent: Friday, July 16, 2004 2:49 PM To: Betts,.Steve; Baker, Joseph Cc: Miller, Gloria Subject: Fry Agenda Report(MVAR 04-01) Hi Steve and Joe, The report looks good. In the first bullet of Proj Desc, you introduce for the first time that it would also be in the side yard setback. Is this correct? Why is it not addressed elsewhere? The rest seems fine. Felix CONFIDENTIAL --ATTORNEY-CLIENT PRIVILEGE CONFIDENTIALITY NOTICE: This email transmission, and any documents or messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or aPerson responsible for delivering this email to the intended recipient, then you are (1) notified that any disclosure, copying, distribution, saving, reading or use of this information is strictly prohibited, (2) requested to discard and delete this email and any attachments, and (3) requested to immediately notify us by email that you mistakenly received this message. Thank you. 1 1 Page 1 of 1 Betts, Steve From: Betts, Steve Sent: Thursday, June 17, 2004 10:54 AM To: Baker, Joseph Subject: RE: Fry MVAR 04-01 Made the modification to Finding F. Please see the attached report. _S_ Stephen Betts Senior Planner Butte County Planning Division 7 County Center Drive;Oroville, CA 95965 Desk- (530)538-7153 Fax —(530) 538-7785 -----Original Message----- From: Baker, Joseph Sent: Wednesday, June 16, 2004 10:42 AM To: Betts, Steve Subject: Fry MVAR 04-01 Steve, I thought that you were going to revise Fry MVAR 04-01 and send it back for my final review. Thanks... Joe Joseph W. Baker Planning Manager Butte County Department of Development Services (530)538-6572 joseph.bake_r._@buttecounty;net 6/17/2004 Betts, Steve From: Baker, Joseph Sent: Friday, July 16, 2004 4:11 PM To: Betts, Steve Subject: FW: Fry Agenda Report(MVAR 04-01) Steve, Please make the adjustments that Felix has indicated. Thanks.. Joseph W. Baker Planning Manager Butte County Department of Development Services (530)538-6572 joseph.baker@buttecounty.net -----Original Message----- From: Wannenmacher, Felix Sent: Friday, July 16, 2004 2:49 PM To: Betts, Steve; Baker, Joseph Cc: Miller, Gloria Subject: Fry Agenda Report(MVAR 04-01) Hi Steve and Joe, The report looks good. In the first bullet of Proj Desc, you introduce for the first time that it would also be in the side yard setback. Is this correct? Why is it not addressed elsewhere? The rest seems fine. Felix CONFIDENTIAL--ATTORNEY-CLIENT PRIVILEGE CONFIDENTIALITY NOTICE: This email transmission,,and any documents or messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering this email to the intended recipient, then you are (1) notified that any disclosure, copying, distribution, saving, reading or use of this information is strictly prohibited, (2)requested to discard and delete this email and any attachments, and (3)requested to immediately notify us by email that you mistakenly received this message. Thank you. 1 Page 1 of 1 Betts, Steve From: Baker, Joseph Sent: Wednesday, June 16, 2004 10:42 AM To: Betts, Steve Subject: Fry MVAR 04-01 Steve, I thought that you were going to revise Fry MVAR 04-01 and send it back for my final review. Thanks... Joe Joseph W. Baker Planning Manager Butte County Department of Development Services (530)538-6572 joseph_baker@buttecouniy.net. i � e ' 6/17/2004 Betts, Steve From: Wannenmacher, Felix Sent: Thursday, February 05, 2004 11:00 AM To: Betts, Steve; Christopher, Yvonne; Baker, Joseph Cc: Miller, Gloria Subject: Fry Application (MVAR 04-01)A#04-038 Hi Steve, Yvonne, and Joe, The rules for minor variances are set forth in 24-52. Once it is deemed complete, you have only 14 working days before you need to make a recommendation and set it for hearing. The hearing does not have to be held within 14 working days, but you need to make the recommendation and schedule it for hearing within the 14 days. Your recommendation should rely on the limitations set out in (e). If there are any overlays, such as watershed protection, you should review these issues. This action would be exempt from CEQA under§15305. Felix CONFIDENTIAL --ATTORNEY-CLIENT PRIVILEGE , CONFIDENTIALITY NOTICE: This email transmission, and any documents or messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering this email to the intended,recipient, then you are (1) notified that any disclosure, copying, distribution, saving, reading or use of this information is strictly prohibited, (2) requested to discard and delete this email and any attachments, and (3) requested to immediately notify us by email that you mistakenly received this message. Thank you. 1 • Page 1 of 2 Betts, Steve From: Schroth, Eric Sent: Monday, February 23, 2004 8:27 AM To: Betts, Steve Subject: FW: MVAR 04-01, Fry; Steve Betts, planner No Public Works issues. -----Original Message----- From: Thornton, Roneva Sent: Tuesday, February 03, 2004 5:13 PM To: Willis, Don; /o=Butte County/ou=BCMAIL_OROVILLE/cn=CDF/cn=SFowlerBCF; /o=Butte County/ou=BCMAIL_OROVILLE/cn=CDF/cn=TCrawfordBCF; /o=Butte County/ou=BCMAIL OROVILLE/cn=Recipients/cn=VSeverin; /o=Butte County/ou=BCMAIL_OROVILLE/cn=Recipients/cn=YChristopher; Bottenfield, Cliff; Breedon, Dan; Fogel, Doug; Hill, Rob; Johnston, Mary; Lawrence, Gail; MacKenzie, Robert; Price, Richard; Reimers, Ken; Rutherford, Scott; Schroth, Eric; Starrett, Bill; Vieira, Mike; Wannenmacher, Felix Subject: MVAR 04-01, Fry; Steve Betts, planner To: Members of the Inter-Departmental Review Committee Subject: MVAR 04-01, Craig and Margaret Fry APN: 066-140-018 30-Day Complete: 2/27/2004 Project Planner: Stephen Betts Please respond by: 02/09/2004, regarding completeness of application Date of IDR: 02/11/2004* Do you find this application complete? ❑ No. What is needed to make the application complete? ❑ Yes. Conditions and/or mitigation measures (please respond by 02/26/2004) Standard Conditions are attached for your convenience. Please send your response to sbetts@buttecounty.net. *I am adding this application to the 2/11/04 IDR meeting because we have a large number of applications to look at for completeness before the end of February. Thank you for your patience, Roni This application is being provided to you for comments. Please see attached documents. A hard copy of the application, including maps, has been sent to Environmental Health, LAFCo, County Counsel, the 2/23/2004 INTER-DEPARTMENTAL MEMORAN*M BUTTE COUNT' TO: Development Services, Planning Division FROM: Mike Elliott, R.E.H.S., Environmental Health SUBJECT: Minor Variance Conditions, MVAR 04-01 DATE: February 17, 2004 APPLICANT: Craig&Margaret Fry DATE: 1/28/04 AGENT: APN: 066-140-018 PROJECT DESCRIPTION: MVAR 04-01 Recommend approval without conditions. ME/gUland/commentfcon/frymvar04-01 i p EC COME Fle18 BUTTE COUNTY PLANNING DIVISION 4 1 S• F lli �= a .. • � Page 1 of 1 Betts, Steve From: Vieira, Mike Sent: Monday, February 09, 2004 2:52 PM To: Betts, Steve Subject: MVAR 04-01 Application complete. Dwelling constructed in 1979 when zone designation was RT-1. Setback was 10 feet due to Public Utility easement adjacent and parallel to property line. MCVieira 2/9/2004 Pacific Gas and Electric Company 460 Rio Lindo Avenue Don Chambers & Chico,CA 95926 Chico Land Rights Office 530/894-4423 BUTTE FAX 530/8944414 COUNTY FEB 0 9 2004 DEVELOPMENT February 6, 2004 SERVICES Mr. Stephen Betts Butte County Department of Development Services, Planning Division 7 County Center Drive Oroville, CA 95965-3397 RE: Minor Variance-(Fry) File: WAR 04-01,APN: 066-140-018,6435 Concord Court,Magalia Dear Mr. Betts: We have reviewed the subject site plan. Any relocation or rearrangement of any existing PG&E facilities in the area to accommodate this project will be at the expense of the developer. There shall be no building of structures, or the storage of any materials allowed over or under any existing PG&E facilities, or inside any easements that exist. Thank you for the opportunity to review this matter. If you have any questions,please call me in Chico at 894-4423. Sincerely, Donald W.Chambers Land Agent' (file: MVAR04-Ol.doc) Page 1 of 2 Betts, Steve From: Thornton, Roneva Sent: Friday, February 06, 2004 3:22 PM To: Betts, Steve Subject: FW: MVAR 04-01, Fry; Steve Betts, planner -----Original Message----- From: Lawrence, Gail Sent: Friday, February 06, 2004 1:57 PM To: Thornton, Roneva Subject: RE: MVAR 04-01, Fry; Steve Betts, planner COMMENTS: Recommend approval without conditions, per Clifford Bottenfield, Supervising E.H.S., Environmental Health -----Original Message----- From: Thornton, Roneva Sent: Tuesday, February 03, 2004 5:13 PM To: Willis, Don; /o=Butte County/ou=BCMAIL_OROVILLE/cn=CDF/cn=SFowlerBCF; /o=Butte County/ou=BCMAIL_OROVILLE/cn=CDF/cn=TCrawfordBCF; /o=Butte County/ou=BCMAIL_OROVILLE/cn=Recipients/cn=VSeverin; /o=Butte County/ou=BCMAIL_OROVILLE/cn=Recipients/cn=YChristopher; Bottenfield, Cliff; Breedon, Dan; Fogel, Doug; Hill, Rob; Johnston, Mary; Lawrence, Gail; MacKenzie, Robert; Price, Richard; Reimers, Ken; Rutherford, Scott; Schroth, Eric; Starrett, Bill; Vieira, Mike; Wannenmacher, Felix Subject: MVAR 04-01, Fry; Steve Betts, planner To: Members of the Inter-Departmental Review Committee Subject: WAR 04-01, Craig and Margaret Fry APN: 066-140-018 30-Day Complete: 2/27/2004 Project Planner: Stephen Betts Please respond by: 02/09/2004, regarding completeness of application Date of IDR: 02/11/2004* Do you find this application complete? ❑ No. What is needed to make the application complete? E3Yes. Conditions and/or mitigation measures (please respond by 02/26/2004) Standard Conditions are attached for your convenience. 2/6/2004 BUTTE COUNTY STANDARD CONDITIONS FOR MINOR VARIANCE APPLICANT: Craig and Margaret Fry DATE: 1/28/2004 AGENT: APN: 066-140-018 FILE #: MVAR 04-01 PLANNER: Stephen Betts PROJECT DESCRIPTION: Minor Variance to allow a house to encroach three(3) feet into a fifteen (15)- foot rear yard building setback Those items checked are conditions of approval. PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: X 1. Construction, installation or development of structures or facilities on the parcels/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes,ordinances and regulations in effect at the time of application for improvement permits. X 2. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. 3. Fire hydrant identification, reflector or post reflectors shall be installed acceptable to the County Fire Warden. 4. In lieu of a pressurized water system or water storage tank,payment of$200.00 per created parcel into the Battalion water tend fund is required prior to the issuance of a building permit. 5. A pressurized community water system for fire protection is required. The specific locations and fire flow requirements shall be in accordance with the Fire Department specifications and to the satisfaction of the County Fire Warden. Average required hydrant spacing feet, hydrant size inches, and residual fire flowgpm. Submit plans to the Fire Department for review and approval prior to construction of facilities. 6. In lieu of hydrant installation,payment may be made into the hydrant fund at a cost of$1.72 per lineal foot of street frontage. The estimated fee amount is$ P g 7. Prior to recordation of the Map or application for a building permit,the applicant shall pay the then current fee for the West Chico Fire Station Fund. 8. Provide an all weather access to all structures, which is designed to cant' a 40,000 pound fire apparatus at least 10 feet wide with a 15-foot vertical clearance. Revised 4-3-95 K:\standcon\var Page 1 of 1 r� Betts, Steve From: Hill, Rob Sent: Friday, February 06, 2004 9:12 AM To: 'sbetts@buttecounty.net.' Subject: RE: MVAR 04-01, Fry; Steve Betts, planner -----Original Message----- From: Thornton, Roneva Sent: Tuesday, February 03, 2004 5:13 PM To: Willis, Don; /o=Butte County/ou=BCMAIL_OROVILLE/cn=CDF/cn=SFowlerBCF; /o=Butte County/ou=BCMAIL OROVILLE/cn=CDF/cn=TCrawfordBCF; /o=Butte County/ou=BCMAIL_OROVILLE/cn=Recipients/cn=VSeverin; /o=Butte County/ou=BCMAIL_OROVILLE/cn=Recipients/cn=YChristopher; Bottenfield, Cliff; Breedon, Dan; Fogel, Doug; Hill, Rob; Johnston, Mary; Lawrence, Gail; MacKenzie, Robert; Price, Richard; Reimers, Ken; Rutherford, Scott; Schroth, Eric; Starrett, Bill; Vieira, Mike; Wannenmacher, Felix Subject: MVAR 04-01, Fry; Steve Betts, planner From: Rob Hill, Agriculture To: Stephen Betts, Planning Subject: MVAR 04-01, Craig and Margaret Fry APN: 066-140-018 30-Day Complete: 2/27/2004 Project Planner: Stephen Betts Please respond by: 02/09/2004, regarding completeness of application Date of IDR: 02/11/2004* Do you find this application complete? 0 1 No. What is needed to make the application complete? )( Yes. Conditions and/or mitigation measures (please respond by 02/26/2004) Standard Conditions are attached for your convenience. No other comments, conditions or mitigation measures. Please send your response to sbetts __. buttecounty.net. 2/6/2004 a r AKLandLaw Working Paper A publication of Abbott &Kindermann, LLP The Court of Appeal Affirms Once Again High Legal Standard Required for Variances By William W. Abbott and Robert T. Yamachika Stolman v. City of Los Angeles (2003) 114 Cal.App.4th 916, reaffirms the California rule that the granting of a variance, even in a charter city, is the exception rather than the rule. The case involves a longstanding non-conforming use; a gas station located in a residential neighborhood. The station had been at the location in question since 1922. It became non- conforming in 1925 when the area was zoned and annexed to the City of Los Angeles. The station operator sought to increase his revenues by adding automobile detailing. This was viewed as a commercial expansion of a non-conforming use. For this purpose, under the City code, the operator applied for a variance. The variance was granted by the zoning administrator, and affirmed by all appellate bodies including the City Council. Dissatisfied with the grant,a neighbor filed a writ seeking to set aside the variance. Similar to other city's local ordinances addressing variances, the City code established a series of five findings which had to be made before the granting of a variance. The required findings are not specified by state statute, but vary from jurisdiction to jurisdiction. Common to nearly all such ordinances is a determination of hardship. The objecting neighbor successfully challenged the variance on the basis that there was a lack of sufficient evidence for two of the five required findings: (1) that the strict application of the ordinance would result in practical difficulties or unnecessary hardships, and (2) that granting of the variance was necessary to enjoy a right or privilege generally possessed by other property in the same zone and vicinity. As to the first of these challenged findings, the appellate court found that the station operator's claim of financial hardship was unsubstantiated, and that nothing in the record justified an expansion of the use. Generalized discussions of economic need are insufficient. Similarly, the appellate court found that the record was silent as to other properties in the same zone and vicinity. The evidence, which in this type of case is limited to the administrative record, pertained at best to other zoning districts and other areas of the city. None of the evidence pertained to the vicinity but dealt with other properties in the same zoning classification but located across the city. Page 1 What's the lesson? First, variances are subject to close scrutiny if legally challenged. Second, the burden is on the applicant to make the record. If relevant evidence exists to support the findings for a variance (or any other administrative permit), the onus is primarily on the applicant to produce that evidence for the administrative record. Obviously, agency staff is critical in identifying and assembling evidence on factual matters that are based upon other land use decisions granted by the agency. If the applicant desires to make his or her case based upon economics, the claim must be supported by financial data in order to be sufficient. "Trust me, this is true" does not meet the substantial evidence test. William W. Abbott is a partner with the law firm of Abbott &Kindermann, LLP in Sacramento. Robert T. Yamachika is an associate with the same firm. For questions relating to this article or any other land use, development, environmental, planning or real estate issues contact Abbott &Kindermann at (916) 446-9595. Copies of the court decision discussed in this article can be obtained for free at www.findlaw.com. The information presented in this article should not be construed to be formal legal advice by Abbott &Kindennann, LLP, nor the formation of a lawyer/client relationship. Because of the changing nature of this area of the law and the importance of individual facts, readers are encouraged to seek legal counsel for advice regarding their individual legal issues. WHAT'S NEW? Check out our new website at www.aklandlaw.com which now contains our updated "Affordable Housing Laws and Local Land Use Proceedings in California" under Publications and Events. © 2004 Abbott &Kindermann,LLP 2-4-04Newsletter.wpd February 5,2004 Page 2 0 Butte County Department of Development Services Administration-AR 0�vTrF0 7 County Center Drive 0 0 Oroville,CA 95965 0 _ o 0 0 (530)538.7601 Telephone 0 C� =�" y o OU NZ t Minor Variance File: MVAR 04-01 APN: 066-140-018 Applicant: Craig and Margaret Fry 6435 Concord Court Date: November 15, 2004 Magalia, CA 95954 1 N V 0 1 C E WAR 04.01 Planning charges are captured in arrears. At the date of this invoice,the following charges had been recorded and entered into our billing program. There may be additional charges in the processing of your application that have not yet been entered into the billing program,and are not reflected on this invoice. Charges entered after this invoice date will be reflected on subsequent billings. At the time all charges are entered and billed,you will receive a FINAL INVOICE. The following payments have been applied to your application: Deposit Disbursement: Deposit Date: January 28,2004 )EVEL.SERVICES-PLANNING DEPOSIT $ (350e00) Receipt: 394736,check#9451 NOD/NOE Filing Fee 36.00 Total Payment $386.00 TOTAL PAID 386.00 Deposit Date: March 30, 2004 $_ Receipt: 395317 _ F-7'. _DEVEL.SVCS_-PLANNING DEPOSITS7$ (629.72) i Charges for the following tasks have been applied to the processing of vour application: Professional Planner $ 214.35 Mapping 88.50 Admin/Clerical 227.06 Publishing 75.00 - - —...----....----.-- _,..,_.. TOTAL CHARGE$: $ 604.91. TOTAL PLANNING DEPOSITS $ (629.72) LESS: TOTAL CHARGES 604.91 REMAINING DEPOSIT $ 24.81 Add: RE-DEPOSIT DUE $ 350.00 Butte County Code 3-44 Hourly fees;deposits;billing procedures. County code requires when the initial deposited funds are depleted to an amount equal to 25%of the original deposit,no processing of the application will occur until the applicant deposits sufficient funds to restore a balance equal to the amount of the initial deposit,or a lesser amount as determined by the Director of Development Services. In the event the applicant does not provide sufficient funds to continue processing an application,the application will be denied. Make checks payable to: Butte County Treasurer and send it to us at the above address. Should you have any questions,please call Accounts Receivable from 8:00 a.m.to 4 p.m.,Monday through Friday. AMOUNT DUE ANDfPAYABLE . i$ 325.419. ":PRIOR TO HEARING K:\FISCAL ADMIN\BILLINGS&REFUNDS\SENT BILLINGS\Fry WAR 04-01 111604.xis CO� UNTY OF BUTTE FIELD NUMBER OROVILLE, CALIFORNIA ! PURCHASE ORDER F 05-031 S U Paradise Post P Drawer 70 P Paradise CA 95969 Issued By Department Planning E R DATE QNTY INVOICE NUMBER AND DESCRIPTION AMOUNT CHARGE TO W.O.# 8/10/04 PUBLIC NOTICE •00 40-001-53 To be published in the Paradise Post on Saturday, 14-Aug-04 Please furnish this office two copies of the affidavit of publication. . (Fry - MVAR 04-01�) Lynn - 538-7602 Butte County Planning 7 County Center Drive Oroville, CA 95965 TOTAL Q'® I, the undersigned,hereby certify that,to the best of my knowledge,the services or articles specified above have been performed or delivered or,where authorized,are hereby contracted for and that there is a Budget Appropriation for the same. (�,��� F 05-031 �` tgeoartment Date:(54J T�l�` t�"', ea or Authorized DepuFy SUPPLIER NO. DEPT ACCOUNT NO. PROJECT NO. INVOICE NO. INV. DATE ENCUMBRANCE AMOUNT 1 2 3 4 5 6 Submit WHITE, CANARY and PINK to PURCHASING-SERVICES with supplier's invoice. Retain GOLDENROD 9/16/2005 Butte County Department of Development Services 9:15 AM Pre-Bill Worksheet Page 1 Nickname MVAR 04-01 1 Fry Full Name Craig and Margaret Fry Address 6435 Concord Court Magalia CA 95954 , Business Fax Home (530)873-4891 Other In Ref To APN 066-140-018 Notes Date Employee Rate Hours Amount Total ID Task Markup % DNB Time DNB Amt 1/29/2004 Roni 34.00 0.17 5.82 Billable 3014 Initial Processing -Clerical Input, initial clerical processing of'application. 1/28/2004 Steve 59.00 0.25 14.75 Billable 3029 Circulation - Planner Took in new application 1/29/2004 Steve 59.00 0.17 9.83 Billable 3030 Circulation - Planner Finished taking in new application 2/3/2004 Lynn 45.00 1.45 65.24 Billable 3045 Initial Processing -Clerical Input, initial clerical processing of application. 2/3/2004 Steve 59.00 0.17 9.83 Billable 3055 Circulation - Planner Determine an application's completeness/circulate for staff comments/analysis. 2/4/2004 Larry 59.00 1.50 88.50 Billable 3086 Mapping Generate maps for current projects. 2/11/2004 Joe 59.00 0.08 4.92 Do Not Bill 3256 Management Review 0.08 4.92 Management Review 2/11/2004 Mark 59.00 0.17 9.83 Billable 3279 Meeting - Planner Time spent in meetings (Not incl. Public Hearings). 3/2/2004 Steve 59.00 0.33 19.67 Billable 3443 Report Wor Project Analysis Worked on agenda report, 3/24/2004 Cheryl 45.00 0.25 11.25 Billable 3670 Administrative-Clerical Time spent on billing and other administrative tasks not related to processing . 9/16/2005 Butte County Department of Development Services 9:15 AM Pre-Bill Worksheet Page 2 MVAR 04-01:Craig and Margaret Fry (continued) Date Employee Rate Hours Amount Total ID Task Markup % DNB Time DNB Amt 3/24/2004 Steve 59.00 0.67 39.33 Billable 3677 .Report &/or Project Analysis Worked on agenda report 3/23/2004 Steve 59.00 0.42 24.58 Billable 3678 Report &/or Project Analysis Worked on agenda report 3/25/2004 Steve 59.00 0.33 19.67 Billable 3694 Report &/or Project Analysis Worked on agenda report. E-mailed it to JB. 3/26/2004 Joe 59.00 1.30 76.55 Do Not Bill 3715 Management Review 1.30 76.55 Management Review 4/8/2004 Steve 59.00 0.33 19.67 Billable 3860.Correspondence - Planner Letter to Fry 6/2/2004 Joe 59.00 0.17 9.83, Do Not Bill 4197 Management Review 0.17 9.83 Management Review- IDR Meeting 6/2/2004 Steve 59.00 0.17 9.83 Billable 4237 Meeting - Planner IDR meeting 6/8/2004 Joe 59.00 0.61 36.27 Do Not Bill 4313 Management Review 0.61 36.27 Management Review--Agenda Report 6/17/2004 Steve 59.00 0.22 12.78 Billable 4513 Report &/or Project Analysis Made changes to agenda report and e-mailed it to JB. 7/13/2004 Joe 59.00 0.08 4.54 Do Not Bill 4822 Management Review 0.08 4.54 Management Review-Agenda Report 8/5/2004 Lynn 45.00 0.60 27.00 Billable 5113 Publication -Clerical Time spent preparing & publishing for Hearing related to applicant. 8/5/2004 Lynn 45.00 0.72 32.25 Billable 5118 Packets -Clerical Prepare packets for meetings/mailings. • 9/16/2005 Butte County Department of Development Services 9:15 AM Pre-Bill Worksheet Page 3 WAR 04-01:Craig and Margaret Fry (continued) Date Employee Rate Hours Amount Total ID Task Markup % DNB Time DNB Amt 8/12/2004 Cheryl 45.00 0.33 15.00 Billable 5154 Administrative-Clerical Time spent on billing and other administrative tasks not related to processing 8/24/2004 Cheryl 45.00• 0.08 3.75 Billable 5440 Administrative-Clerical Time spent on billing and otheradministrative tasks not related to processing . 10/27/2004 Cheryl 45.00 0.33 15.00 Billable 6389 Administrative-Clerical Time spent on billing and other administrative tasks not related to processing . 10/28/2004 Lynn 45.00 0.40 18.00 Billable 6404 Mtg -Clerical Arrange/attend associated with project review 11/2/2004 Lynn 45.00 0.42 18.75 Billable 6440 Minutes Clerical Minutes related to application. 11/1/2004 Steve 59.00 0.42 24.58 Billable 6482 Report Wor Project Analysis Prepared findings and conditions for approval 11/9/2004 Cheryl 45.00 0.33 15.00 Billable 6530 Administrative-Clerical . Time spent on billing and other administrative tasks not related to processing . 11/18/2004 Steve 59.00 0.05 2.95 Billable 6688 Hearing - Planner 11/18/2004 Lynn 45.00 . 0.03 1.50 Billable 6694 Mtg -Clerical Arrange/attend associated with project review TOTAL Billable Fees 10.31 $534.36 Do Not Bill 2.24 $132.11 9/16/2005 Butte County Department of Development Services 9:15 AM Pre-Bill Worksheet Page 4 MVAR 04-01:Craig and Margaret Fry (continued) Date Employee Price Quantity Amount Total ID Expense Markup % 8/14/2004 PUBLISH 75.00 1.000 75.00 Billable 5111 Publishing Expense Publish in Newspaper Paradise Post 8/14/04 F05-031 TOTAL Billable Costs $75.00 Amount Total Total of Fees (Time Charges) $534.36 Total of Costs (Expense Charges) $75.00 Total new charges $609.36 Accounts Receivables DatelID Type Description 1/28/2004 CRED Credit ($350.00) 539 Receipt #394736. Check #9451 1/28/2004 INV Invoice $36.00 540 1/28/2004 CRED Credit NOD/NOE Recording Fee ($36.00) 541 Receipt#394736. Check#9451 3/30/2004 PAY Payment - Receipt#395317 ($279.72) 684 11/18/2004 PAY Payment ($325.19) 1283 Receipt #418500Thank you! Total Accounts Receivable Total New Balance ($345.55) Employee Summary Employee Rate Hours Charges Slip Value Adjustment SB 58.77 3.53 $207.47 $207.47 0.00 Mm 57.82 0.17 $9.83 $9.83 0.00 LP 59.00 1.50 $88.50 . $88.50 0.00 9/16/2005 Butte County Department of Development Services 9:15 AM Pre-Bill Worksheet Page 5 MVAR 04-01:Craig and Margaret Fry (continued) Employee Rate Hours Charges Slip Value Adjustment LR 44.96 3.62 $162.74 $162.74 0.00 CAS 45.45 1.32 $60.00 $60.00 0.00 RT 34.24 0.17 $5.82 $5.82 0.00 COUNTY OF BUTTE AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT OROVILLE, CA ATR NO 71031 RECEIVED FROM PLANNING BAG 03329 DATE 112912004 FUND FUND DEPT ACCT CASH DESCRIPTION TITLE CODE CODE CODE CODE AMOUNT DEPOSIT DATE: 1-29 RECEIPTS: 394728-736 PLANNING APPL.FEES`J GENL 0010 44OW1 4210900 1010171 4,150.00 Project Number Amount of Fee #061-640-012 J Albright UP 04-16 $700 ' #036-770-031 B Torri TPM 0416 $1,000 #056.410-020 L&L Surveying TPM 134-19 $.1,000 #027-010-004 C Gray TPM 04-17 $1,000 #066-140-018 CR&MA Fry WAR 04-01 $350 LAND DEVELOPMENT GENL 0010 440004 4611700 �101001 1,080.00 Project Number Amount of Fee #064-940-012 J Albright UP 0416 $150 #036-770-0318 Torri TPM 04-16 $330 #056-410-020 L&L Surveying TP14 0419 $270 #021-090-004 C Gray TPM 04-17 $330 ENVIRONMENTAL HLTH GENL 0010 640003 4614901 101001 1,191.90 Project Number Amount of Fee #06i-640-012J Albright Up 04-16 $185 #036-770-031 B Toni TPM 0416 $281 #056-410-020 L&L Surveying TPM 04-19 $241.50 #027-010-004 C Gray TPM 0417 $483 FIRE PLNG APDL FEE FIRE PROTECT 0100 4.617240 101001 430.00 Project Number Amount of Fee #081-640-012 J Albright UP 0416 $43 #036-770-031 B Torri TPM 0419 $129 #1756-410-020 L&L Surveying TPM 04-19 $129 #027-010-004 C Gray TPM 04-17 $128 NODINOE CLERKS FILING FE.GENL ' 0010 470001 4612319 101001 180.00 EMD Project Number Amount of Fee #061-640-012 J Albright UP 0416 $36 #03B-770-031 B Torri TPM 04-16 $36 #059-410-020 L&L Surveying TPM 0419 $38 #027-110-004 C-GrayTPI 04-17 $39 #066-140-018 CR&MA Fry WAP,'04-01 $36 j TOTAL S 7,031.00 APPROVED BY: RECEIVED BY: AUDITOR-CONIIJt LER TREASURER r -y By- By �� � TFiursday,January 29,2004 Development Services -V PLANNING DIVISION ver. 1.0 Counter – DDS Planning $350.00 Person Steve (General Fund) Payment Date 1/28/2004 Public Works $0.00 (Land Development) Receipt Number 394736 Environmental Health $0.00 Received From CR&MA Fry CDF(Fire Department) - $0.00 Applicant CR&MA Fry NOD/NOE $36.00 (Recording Fee) Aunt Minnie $0.00 Application Number WAR 04-0�--1 -- $1,500 or$2,000 or In Reference To - - -- — Planning Review/EIR $0.00 Parcel Number 066-140-018 Check Number/Cash 9451 Fish/Game $0.00 _ - - ALUC $0.00 Total Received F $386.00 (Airport Land Use) Non Sufficie=Fee) $0.00 Total Fees ; Funds ($2386.00 1Cell Tower --`$0.00 ($2500.00) i Public Sales/Copies E $0.00 I Other: $0.00 Y COUNTY OFEBUT*p OFFICIAL IPT 394736 r•4•F OFFICE OR DEPARTMENT ISSUING RECEIPT Received from the Sum of I.�,,,� ���, a �.�.x i ' -' 'wy _: i > : i «�kx For Received: Received By CASH [] - Title a. CHECK Q' ` ti t By DAVOO BUSINESS FORMS•(530)7434511 Form 75702 COUNTY OF BUTTE 395317 OFFICIAL RECEIPT OFFICE OR DEPARTMENT ISSUING RECEIPT .) ( 20C Received from " — { The Sum of r h I_ P i 4 ,. i sf.�� ��1_-•: _ �' �< � 0. l For .;' Received: C-' /. _'•'. . ", x Received By CASH Title CHECK Q j ; . By OAVCO BUSINESS FORMS•(530)743-8511 Form 75702 COUNTY OF BUTTE 418500 OFFICIAL RECEIPT Yyµ OFFICE OR DEPARTMENT ISSUING RECEIPT j ' 20 eived from ,:..z the Sum of t`1 i, z �.!, .. z • �� ; �,� Received By- ASH"'. yASH• Title 4 B DAVCO BUSINESSiFORMS.;(530)7438511 Form 75702 -.... ... _.. ���rw��...•.�' ??,.-.,,.,.wP��•u is �"�i'�;.;x+C?§.t''�.+ "r.6�P'.n`:�J'v- j147�4F.t+!R'�dy!+ol+✓aryvr..yc.....,...-Y,-I` C R FRY DL N7114167 9547 M A FRY DL C1667288 530-873-4891l6mW 6435 CONCORD CT ( 90-78/1211 T� 4 t; %tO—O DATE . MAGALIA,CA 95954Agw x y PAY TO 'w Tm DOi��RS .... ' Paradise Office 't 4 , - 6405 CLARK RD. 3. ', sr"'" 4 t"•f,9<^�' `- ® PARADISE,CA 95969 r- f✓'FY+ t .. BANKNEWEST i eoo ae6 xz6s V/3PIn 3 � } FOR m l A _ .. y a<� • ..y � a �. 1: 12 L 100;7B21:935 4? 13 705<2 3 46rII ; � '+.ar.., ... ... ..'9jS.z.�.. . s,.•,.....,''H•v,s.... a ._ tt^.r �•_3z= ,.s2 `rSw,f..,? c.�"."!'!x.-. _& a•su..�� �'+( COUNTY OF BUTTE - 395317 OFFICIAL RECEIPT OFFICE ORD RTMENT ISSUING RECEIPT s.� —900 Received from-o- P.t:/i . Ile Sum of *1 w rn n 4 ,i ` For m V.a� Received: d 6 6- lq(' 4 Received 8y- - - CASH [J Title - CHECK By DAVCO BUSINESS FORMS•(530)743-8511 Form 75702 AMR C R FRY DL N711416r "a: °`+ ,x:% 9451 M A FRY DL C1667288 i 530-873-4891 = r r A,y� " .' 6435 CONCORD CT. uL� 90 78/1211 C/ CJ MAGALIA,CA 95954 { DATE WIN- 1 PAYTOTIE 3C0�_O0 _._.. ORDER OFAM /1 �r � DOLL r o..... Paradise OfficeA" , tin {y,.� . A* 6405 CLARK RD. PARADISB,CA95969 � .BANKENEST i�ooabb ubs �' P y r r -FOR:Ul?? / Ln ;. Y ' , y'a -,.'' _I. r�t 25 4 u...R cmc o � .� aa '-�lStia�e s �z ' d�r. t c u '_: s ri x ��� :•r I ON LAND2= COUNTY. 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Jan uary -/972 �. •f�� �, �r, ` . t COUNTY OF BUTTE °�` 012'H16205578 OFFICE OF PLANNING DEPARTMENT I- L 7 COUNTY CENTER DRIVE yr. $00.35? iy}- R 08/10/2004 OROVILLE, CALIFORNIA 95965-3397 W 0 IL US POSTAGE W ` Maned From 95965 RETURN SERVICE REQUESTED V f PUBLIC MORRIS LWOOD P JR & FRANCES A 13586 AN OVER DR HEARING i MAGALIA NOTICE RETURN SENDER 1204 84 08/i2/04 RETURN TO SENAER MORRIS JR 3084 QUINTO WAY 3AN JOSE CA 95124-2342 • � RETURN TO SENDER -! !!f r i E !fi illll�!3 11i REVISIONS BY II w i AND 41 T Poo L- ii I �.�_ _ �-�--� pug Lr� ,� ~�--•..�..�� ----_ _ i k 1 _ N r r' H VA C— LJN �,. i : 1 i ;• rf 3 { , - x k 1 _ • � t « }� W H (.E) ENTRY GMK �� � FF--NcF h. 1 r r, r I' ry} I EX I i •V @ a7lN ; t I 4- 4 6F i Q ,� i t " t � m t LA C1 P i 4 t 'F 4 7 i I 3 i �.. t- , Q v , I AST E�,R.,- F, >E,0 R 00�, i I f i i i , i I + , I a COO •, C1 : I r , � POr It , : IAM w i , PL N '. 4 � ' . s i I , v . t F i 7 l•! , i~ f ya x, • i _ 71 k t 2 I 0 ki 0�� CIO U -T� o a- : , I ; Z j I + _ A IT 102- LOT f 0 2— I? i. 'P rJ r C. U } 4 G, ;��4 E —,A ( I 1��f 1 � i ---� APPROVED pment Pian i ` I� t Ci 4G>(ZL2 G�" r IST DATE I � NOV 1 (F-)w, CA USE PERMIT____1 317E F �IAQ VARIANCE � .� f "- lG�'�. MINOR U.P. ADM.PERMIT PLANNING COMMISS. DIRECTOR OF Q DEVELOPMENT SERVICES . TcTAL6 Sol, � t x f' + .._.__ . . AC3G iTI°flJ E� 11GG�N✓(TI�`ha `+ Date 14~43 pc -}- i Scale 51-1 n W q i. Drawn P;,6fA Job F `(" 0*6 Sheet hold BUTTE COMM LAN'Nl�v 4iVItaE4lt -- -...........�.._ Of Shasta 24 x 36 pfwff D ON NQ ,DOOM C1.EAWRWY.