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C.77

To:	Board of Supervisors
From:	Catherine Kutsuris, Conservation & Development Director
Date:	April 7, 2009

Contra

Costa

County

Subject:

Rescission of Approval of Variance Permit for Addition to Accessory Structure, File #VR06-1069 (Reids Applicant & Owners)

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 04/07/2009

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Gayle B. Uilkema, District II Supervisor
Mary N. Piepho, District III Supervisor
Susan A. Bonilla, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:	Bob Drake 925 335-1214
cc:	Anthony & Linda Reid, c/o DCD County Counsel Jamar Stamps

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: April 7, 2009
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

RESCIND the Board’s December 4, 2007 decision to grant a variance permit authorizing a second-story accessory structure addition to an existing detached garage located at 611 Riverview Place, Bethel Island (County File No. VR06-1069).

FISCAL IMPACT:

None.

BACKGROUND:

On December 4, 2007, the Board of Supervisors granted a variance permit authorizing a 25-foot high, 700-square foot accessory structure on top of an existing detached garage located at 611 Riverview Place, Bethel Island (APN 031-102-046). The property is located in a Water Recreational (F-1) zoning district. In that district, no accessory building may exceed 600 square feet of floor area coverage on lots greater than 20,000 square feet, and no accessory structure may exceed 15 feet in height. The variance authorized a 10-foot height variance and a 100-square-foot floor area coverage variance.

BACKGROUND: (CONT'D)

A petition for a writ of administrative mandate challenging the issuance of the variance permit was filed in Contra Costa County Superior Court on February 28, 2008. (Heffelfinger, et al. v. County of Contra Costa, et. al, Case No. N08-0312). The Court granted the petition, finding that the administrative record did not contain evidence that the property at 611 Riverview Place was unique in such a way that a variance was necessary to bring the property to the level of use enjoyed by nearby properties in the same F-1 zone. The Court issued a writ directing the County to rescind the Board’s decision to grant the variance permit.

The recommended action will result in the County’s compliance with the writ.