Title
Department of Transportation recommending the Board approve and authorize the Chair to sign the Notice of Deed Restriction and Covenant to indemnify the County of El Dorado against liability for any damage from snow removal operations to structures allowed within the front yard setback at APN 034-552-004-000 as part of Subdivision Map Amendment TM-C23-0001. (District V)
FUNDING: Fees paid by applicant.
Body
DISCUSSION / BACKGROUND
On October 24, 2023 (Item 28, Legistar 23-1855), the Board of Supervisors approved Subdivision Map Amendment (“Amendment”) TM-C23-0001 for APN 034-552-004-000 at a publicly noticed hearing. The Amendment was requested by Melissa and Gary Whitehouse (Owners) in order to develop a two-car garage, providing covered parking for two vehicles. The Amendment reduces the front yard setback on the property from the standard 20 feet to 10 feet; there is no reduction in the side and rear setbacks. This site is limited in locations on which to place a structure to provide covered parking due to excessively steep slopes, and feasible alternative locations for the garage do not exist. Covered parking is a reasonable use of the land due to winter snowstorms. The Amendment was found consistent with the policies of the General Plan, and Planning staff recommended approval of the Amendment.
The Conditions for Approval for the Amendment include the following Condition 8: “Prior to Issuance of Building Permits, the applicant shall execute a hold harmless and indemnification agreement protecting the County from liability arising as a result of the approval of this setback variance.” The County requires property owners who are granted a reduced setback above 3000 feet elevation (snow removal areas) to execute a hold harmless and indemnification agreement to ensure that the County is protected if any structures constructed in the area are damaged due to County snow removal operations. This Notice of Deed Restriction and Covenant to Indemnify the Co...
Click here for full text