HomeMy WebLinkAbout09-019RESOLUTION OF THE BOARD OF SUPERVISORS
COUNTY OF BUTTE, STATE OF CALIFORNIA
UPHOLDING THE APPLICANT'S APPEAL AND
APPROVING VARIANCE 08-0001 (Kolrler) WITH FINDINGS
WHEREAS, the Board of Supervisors -has considered an appeal of the Planning
Commission's denial of Variance 08-4001 by the applicant, Ronald Kohler, in accordance with
Chapter 24-45.30; Zoning, of the Butte County Code on Assessor's Parcel Number 065-360-057;
and
WHEREAS, said variance was referred to various affected public agencies, County
departments, and referral agencies for review and comments; and
WHERAS, the Planning Commission denied VAROS-0001 on November 13, 2008 at a
duly notice public hearing; and
WHEREAS, the appeal of the November 13, 2005 Planning Commission action, was
received in a timely manner and with the appropriate fees; and
WHEREAS, a duly noticed public hearing before the Board of Supervisors was held on
3anuary 27, 2009; and
WHEREAS, the Board of Supervisors has considered public comments, reports from the
Planning Division, the recommendation from the Planning Commission, and the appeal letter on
record.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors:
I. Finds this project is Statutorily Exempt from environmental xeview under CEQA
Guidelines Section 15270(a}.
A. California Environmental Quality Act exempts projects which a public
agency rejects or disapproves.
B. The custodian of the record is the Department of Development Services
Planning Division. The location of the record is 7 County Center Drive,
Oroville CA 95965.
II. Makes the following findings:
A. Special circumstances applicable to the property do exist that would cause
a variance to County Code to be necessary.
1. The parcel has an irregular shape (wedge}.
2. There is an 1 S-foot drainage easement that runs along the eastern
parcel line that limited the usable septic area and development area for
a residential dwelling.
3. An existing power pole and power lines at the rear of the parcel limits
the ability to locate the deck at the rear of the dwelling.
B. The required setbacks on the subject pazcel deprive the property of
privileges enjoyed by other properties in the vicinity and in the identical
zone dzstrict. Based on the physical limitations of the parcel, the variance
would not 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.
III. Uphold the Appeal by the applicant, and approve VAROS-0001.
DULY PASSED AND ADOPTED this 10th day of February, 2009, by the following
vote:
AYES: Supervisors: Connelly, Dolan, Kirk, Dambert, Yamaguchi
NOES: None
ABSENT: None
ABSTAIN: None
~~C.
Bill Connelly, Chair
Butte County Board of Supervisors
ATTEST:
Greg ~turria, Inte Chief Administrative
and Clerl~,af]the o~ /~ /
By: ~~~~~_ ~~ ~