DATE: March 19, 2024
TO: Board of Supervisors
SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning
SUBJECT: Appeal of Planning Commission's denial of Variance No. 4153 (Appellant/Applicant/Owner: James Maxey)
RECOMMENDED ACTION(S):
TITLE
Consider appeal of the Planning Commission's denial of Variance No. 4153 proposing to allow the creation of two substandard parcels, a 7.64-acre parcel and a 13.87-acre parcel, from an existing 21.51-acre parcel and waive development standards to allow for 12-foot side yard setbacks where 20-foot side yard setbacks are required within the AE-20 (Exclusive Agricultural, 20-acre minimum) Zone District.
The subject parcel is located on the north side of King Canyon Road, approximately 1.7-miles from the City of Sanger. (APN: 314-120-52) (10386 E. Kings Canyon Road) (Sup. Dist. 5).
REPORT
This item comes before your board on appeal of the Planning Commission's unanimous denial of the subject application (5 to 0, with three Commissioners absent, and one Commission vacancy) at its December 14, 2023, hearing. Department Staff notes that the Zoning Ordinance requires your Board to determine, independent from the decision of the Planning Commission, whether the application should be approved, approved with stated conditions, or denied. A copy of the Planning Commission's action is included as Attachment A. This item pertains to a location in District 5.
ALTERNATIVE ACTION(S):
If your Board is able to make the required Findings for granting Variance Application (VA) No. 4153, a motion to uphold the appeal and overturn the Planning Commission's decision, stating the basis for making the Findings would be appropriate.
FISCAL IMPACT:
There is no Net County Cost associated with the recommended action. Pursuant to the County's Master Schedule of Fees, the Applicant/Owner has paid $6,460 in land use processing fees to the County for the processing of the Variance Request. The Appellant/Applicant/Owner p...
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