File #: 24-0595    Version: 1
Type: Agenda Item Status: Approved
File created: 3/18/2024 In control: Board of Supervisors
On agenda: 4/9/2024 Final action: 4/9/2024
Title: HEARING - To consider an appeal received from Lyn Barnett representing Peter and Cheryl Lee appealing the Planning Commission’s February 22, 2024 approval of Atkins Variance (V23-0001) to allow for a reduction of the front setback from 20 feet to five (5) feet to allow for the construction of a two-car garage with dwelling space above, on property identified as Assessor’s Parcel Number 081-132-003, consisting of 0.17 acres, in the South Lake Tahoe area, submitted by Josh Atkins, and staff recommending the Board of Supervisors take the following action: 1) Deny appeal V-A24-0001 and uphold the Planning Commission’s approval of V23-0001 Atkins, based on the Findings (Attachment G) and subject to the Conditions of Approval (Attachment H) as presented; and 2) Adopt and Authorize the Chair to sign Resolution 057-2024, denying appeal V-A24-0001 of V23-0001 and adopting Findings of Fact (Attachment D). (Supervisorial District 5) FUNDING: Privately-funded appeal for applicant-funded project.
Attachments: 1. A - Appeal Form, 2. B - Staff Memo, 3. C - County Approval - Appeal Resoultion, 4. D - Appeal Resolution, 5. E - Staff Report, 6. F - Staff Report Exhibits, 7. G - Findings, 8. Revised G - Findings, 9. H - Conditions of Approval, 10. I - Law Office of Durkee - Variance Objections 1.4.24, 11. J - Law Office of Durkee Letter - Response to Staff Comments 1.9.24, 12. K - Law Office Durkee Letter - Proposed Compromise 2.19.24, 13. L - BFD/KEY Architecture Letter 2.5.24, 14. Public Comment BOS Rcvd. 4-8-2024, 15. Public Comment BOS Rcvd. 4-5-2024, 16. Appellant's Letter to Board of Supervisors 4-8-2024, 17. Applicant's Presentation to the Board, 18. Executed Resolution 057-2024, 19. RECEIPT Notice of Exemption, 20. FILED Notice of Exemption
Related files: 24-0049

Title

HEARING - To consider an appeal received from Lyn Barnett representing Peter and Cheryl Lee appealing the Planning Commission’s February 22, 2024 approval of Atkins Variance (V23-0001) to allow for a reduction of the front setback from 20 feet to five (5) feet to allow for the construction of a two-car garage with dwelling space above, on property identified as Assessor’s Parcel Number 081-132-003, consisting of 0.17 acres, in the South Lake Tahoe area, submitted by Josh Atkins, and staff recommending the Board of Supervisors take the following action:

1) Deny appeal V-A24-0001 and uphold the Planning Commission’s approval of V23-0001 Atkins, based on the Findings (Attachment G) and subject to the Conditions of Approval (Attachment H) as presented; and

2) Adopt and Authorize the Chair to sign Resolution 057-2024, denying appeal V-A24-0001 of V23-0001 and adopting Findings of Fact (Attachment D). (Supervisorial District 5)

 

FUNDING: Privately-funded appeal for applicant-funded project.

Body

DISCUSSION / BACKGROUND

On February 22, 2024 (File No. 24-0049, Item No. 3) the Planning Commission held a public hearing to consider a request for Atkins Variance (V23-0001) to allow for a reduction of the front setback from 20 feet to five (5) feet to allow for the construction of a two-car garage with dwelling space above, on the property identified by Assessor’s Parcel Number 081-132-003, in the South Lake Tahoe area, submitted by Josh Atkins.  The Planning Commission approved Variance V23-0001 with a four (4) to zero (0) vote with one (1) Commissioner absent.

 

Appeal V-A24-0001 was submitted on February 27, 2024 by Lyn Barnett representing Peter and Cheryl Lee (Attachment A), appealing the Planning Commission’s February 22, 2024 approval of V23-0001/Atkins Variance to allow a reduction of the front setback from 20 feet to five (5) feet to allow for the construction of a two-car garage with dwelling space above, on the south side of Player Court, approximately 100 feet east of the intersection with Player Drive, in the South Lake Tahoe area, Supervisorial District 5.

 

ALTERNATIVES

1) Approve the appeal and overturn the approval V23-0001 Atkins, with direction to staff to return the findings of project denial based upon Board of Supervisor direction; or

2) Deny the appeal and uphold the approval of V23-0001 Atkins, based on the Findings and subject to the revised Conditions of Approval as approved by the Board of Supervisors.

 

OTHER DEPARTMENT/AGENCY INVOLVEMENT

Surveyors Office

 

FINANCIAL IMPACT

An appeal fee of $450 has been collected for appeal V-A24-0001; however, staff costs associated with this appeal exceed the collected fees.

 

CLERK OF THE BOARD FOLLOW UP ACTIONS

N/A

 

STRATEGIC PLAN COMPONENT

N/A

 

CONTACT

Brendan Ferry, Deputy Director of Tahoe Planning and Stormwater

Planning and Building Department