Legislation Details

File #: 24-0701   
On agenda: 8/6/2024 Final action: 8/6/2024
Enactment date: Enactment #:
Recommended Action(s)
1. Consider appeal of the Planning Commission's approval of Variance No. 4165 proposing to allow a zero-foot front yard setback for an attached deck, and an eight-foot front yard setback to recognize an existing residential addition, where a minimum 20-foot front yard setback is required; and allow a 38-foot tall building height for the residential addition, where a maximum of 35 feet is permitted. The property is located on an approximately 6,435 square-foot parcel in the R-1(m) Single-Family Residential, 6,000 Square-Foot Minimum Parcel Size, Mountain Overlay Zone District. 2. If the appeal is denied and the Planning Commission's approval of Variance No. 4165 is upheld, your Board should: a. Determine that the required Findings as specified in the Fresno County Zoning Ordinance Article 5, Chapter 860.5 can be made as recommended in the Planning Commission Staff Report. b. Approve Variance No. 4165, subject to the Conditions of Approval and project notes as listed in Attachment A, ...
Attachments: 1. Agenda Item, 2. Attachments A - E, 3. Additional Information
DATE: August 6, 2024

TO: Board of Supervisors

SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning

SUBJECT: Appeal Planning Commission's approval of Variance Application No. 4165 (Appellant: Russell Efird; Applicant: Kyle Ehlers, Owners: Chad and Cindy Matoian)

RECOMMENDED ACTION(S):
TITLE
1. Consider appeal of the Planning Commission's approval of Variance No. 4165 proposing to allow a zero-foot front yard setback for an attached deck, and an eight-foot front yard setback to recognize an existing residential addition, where a minimum 20-foot front yard setback is required; and allow a 38-foot tall building height for the residential addition, where a maximum of 35 feet is permitted. The property is located on an approximately 6,435 square-foot parcel in the R-1(m) Single-Family Residential, 6,000 Square-Foot Minimum Parcel Size, Mountain Overlay Zone District.

2. If the appeal is denied and the Planning Commission's approval of Variance No. 4165 is upheld, your Board should:

a. Determine that the required Findings as specified in the Fresno County Zoning Ordinance Article 5, Chapter 860.5 can be made as recommended in the Planning Commission Staff Report.
b. Approve Variance No. 4165, subject to the Conditions of Approval and project notes as listed in Attachment A, Exhibit B and the additional conditions as recommended by staff.
c. Direct Staff to file a Notice of Exemption prepared for the project with the County Clerk and State Clearinghouse.

The subject parcel is located on the north side of Dalton Avenue, approximately 55 feet west of its intersection with Lakeview Avenue, within the unincorporated community of Shaver Lake (44452 Dalton Avenue) (120-291-11) (Sup. Dist. 5).
REPORT
This item comes before your Board on appeal of the Planning Commission's approval of the subject application (5 to 2 with two Commissioners absent) at its May 16, 2024, hearing. The Zoning Ordinance requires your Board to determine, independent...

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