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Hearing to consider an appeal on the denial of Special Use Permit S04-0033 to allow the construction of a 2,912 square foot caretaker residence within the Timber Preserve Zone District on property consisting of 118.092 acres (APN 039-060-02) in the Silver Lake area; Appellant: George Majors (District 2). (By Board direction on November 27, 2007, staff directed to provide new conditions.) (Refer 11/27/07, Item 69)
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RECOMMENDED ACTION: Planning Services staff recommends the Board deny the appeal, thereby upholding the action of the Zoning Administrator to deny Special Use Permit S04-0033 for a single family residence in a Timber Preserve Zone.
Background: The Zoning Administrator’s denial of S04-0033 on October 17, 2007, was a reconsideration of the Zoning Administrator hearings and action in 2005 when the permit was originally denied. The applicant recently argued that they did not receive proper notice of the original denial (including written findings) or that the10 working-day appeal period had started.
Planning Services agreed to reconsider the permit, cite findings for approval or denial, and allow another appeal period.
The Zoning Administrator denied the permit on October 17, 2007. On October 19, 2007, Robert A Laurie, attorney at law and agent for the property owner, filed an appeal of the denial of the permit.
The appeal states that the “decision is not supported by evidence in the record” and that the “decision is contrary to state law.”
Planning Services staff believes that the Zoning Administrator decision is supported by evidence in the record and that the determination is consistent with state law. The applicant has not demonstrated that a residence is necessary in the Timber Preserve Zone (TPZ) pursuant to Section 17.44.050 of the County Code. The applicant has stated the intent is to plant Red Fir trees (Christmas trees), but staff has not verified the first planting, or whether the land is capable of supporting the endeavor...
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