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HEARING - Consider a request submitted by H. Dwayne and Anna Fisher appealing the denial by the Agricultural Commission for a Request for Administrative Relief from the agricultural setbacks on property identified by APN 041-740-31, consisting of 10 acres, in the Grizzly Flat area; and Planning Services recommending the Board take the following action:
1) Deny the appeal, thereby upholding the Agricultural Commissions action on June 9, 2010 denying the Request for Administrative Relief from agricultural setbacks from 200 feet to 78 feet from the southeast property line, as the specific criteria for relief in Resolution No. 079-2007 cannot be met. (Supervisorial District II) (Est. Time: 30 Min.)
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Background: This is a request submitted by H. DWAYNE and ANNA FISHER appealing the denial by the Agricultural Commission for a Request for Administrative Relief from the agricultural setbacks on property identified by Assessor's Parcel Number 041-740-31, consisting of 10 acres, located on Sheer Bliss Road, in the Grizzly Flat area, Supervisorial District II.
A code compliance case was opened on the subject property on January 8, 2010 for building a residence without the benefit of a permit. The property owner submitted Building Permit Application No. 196541 on March 26, 2010. During review of the permit request, it was determined that the residence did not comply with the required 200 foot agricultural setbacks. Planning Services determined on April 26, 2010 that Agricultural Commission review was required.
The Agricultural Commission reviewed the application on June 9, 2010 and found that they could not make three of the four findings as required by Resolution No. 079-2007. The request was denied. The Agricultural Commission memo dated June 17, 2010 detailing their discussion and motion is attached.
The applicants filed an appeal on June 11, 2010. Planning Services recommends that the appeal be denied because there is no new information provided by the applicants that was not fully considered by the Agricultural Commission on June 9, 2010.
Attachments:
Exhibit A - Appeal Form
Exhibit B - Agricultural Commission Memo Dated June 17, 2010
Exhibit C - Agricultural Commission Staff Report
Exhibit D - Request for Administrative Relief From Agricultural Setback Application
Exhibit E - Planning Services Memo Dated April 26, 2010
Exhibit F - Resolution No. 079-2007
Contact: Roger P. Trout (5369)/Pierre Rivas (5841)