DATE: April 25, 2023
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 Application No. 4139 (Appellant/Applicant: Bret Giannetta)
RECOMMENDED ACTION(S):
TITLE
Consider appeal of the Planning Commission's denial of Variance Application No. 4139 proposing to allow the creation of a 2.62-acre and a 30.86-acre parcel, from an existing 33.48-acre parcel (gross acreage), in the AE-20 (Exclusive Agricultural, 20-acre minimum parcel size) Zone District.
The subject parcel is located on the east side of N. Highland Avenue, approximately 700 feet north of E. Clinton Avenue, approximately one-half mile south of the City of Clovis (APN: 309-200-47) (2768 N. Highland Avenue) (Sup. Dist. 5).
REPORT
This item comes before your Board on appeal of the Planning Commission's denial of the subject application (four opposed, one in favor, with three Commissioners absent, one vacancy) at its February 23, 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. 4139, 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 paid $508 in fees to appeal the Planning Commission's denial.
DISCU...
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