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Department of Transportation recommending the Board adopt Resolution 002-2022, delegating to the Director of Transportation the authority to sign Notices of Deed Restriction and Covenants to Indemnify the County of El Dorado for Variances.
FUNDING: Fees paid by applicants.
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DISCUSSION / BACKGROUND
Zoning within El Dorado County establishes development standards for building height, setbacks, lot area, building coverage, etc., but in some cases the shape of the parcel, topography, or other natural features constrain the development of the site so that one or more of these standards cannot be met. In these special circumstances, property owners may apply for a Variance from the standards, which must be found to be consistent with the policies of the General Plan and the Zoning Code. The Planning and Building Department Director (or a designee) serves as the Zoning Administrator, per County Code 130.60.030, and is assigned the review authority of original jurisdiction to consider and approve or deny applications at publicly noticed hearings.
When property owners are granted a setback variance for a parcel at an elevation of over 3,000 feet along a County maintained road, the County requires the execution of a hold harmless and indemnification agreement to ensure that the County is protected if any structures constructed in the area are damaged. Transportation has worked with Counsel to develop a template for a Notice of Deed Restriction and Covenant to Indemnify the County of El Dorado to fulfill this condition. The Notice of Deed Restriction and Covenant to Indemnify the County of El Dorado requires the approval of the Board of Supervisors, and the County cannot issue a building permit for a project that was granted a variance as described above until the indemnity covenant is executed.
In order to process such agreements more efficiently and to minimize delays in issuing building permits, Transportation is requesting that the Board delegate sign...
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