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Hearing to consider an appeal to delete Condition 8 imposed on Special Use Permit S09-0019 requiring dedication of right-of-way for the frontage along South Shingle Road consisting of 80 acres on property identified as APN 087-021-39 in the Latrobe area; Appellants: Wayne and Jean Varozza. (District II)
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RECOMMENDED ACTION: Planning staff recommends the Board of Supervisors deny the appeal, thereby upholding the action of the Zoning Administrator on April 4, 2007, conditionally approving Special Use Permit S06-0019.
Background: At the Zoning Administrator hearing on April 4, 2007, Special Use Permit S06-0019 was conditionally approved allowing the conversion of an existing 1,497 square foot residence to be used as agricultural employee housing for up to six (6) employees. The applicants were not present at the hearing, and there was no discussion of this condition. The decision was subsequently appealed.
The point raised by the appellant is as follows:
Condition 8 should be removed as we did not agree to this item, as we feel it is extortion. Why is it necessary?
Department of Transportation Condition 8 reads as follows: The applicant shall irrevocably offer to dedicate (IOD), in fee, an on-site 30-foot wide roadway easement along the entire frontage of South Shingle Road. All necessary documentation will be processed by the Department of Transportation. This offer will be accepted by the County, prior to obtaining occupancy for any new residential structure.
The Department of Transportation submitted the following comments to Planning Services on
April 27, 2007.
This section of South Shingle Road was declared a public highway, 60-feet wide, in 1888 as noted in the El Dorado County Road History. It is an easement only and does not include the underlying fee. Thereby, the applicants own the property up to the centerline of the roadway that the County maintains.
South Shingle Road is identified on the General Plan Circulation Map as a 2...
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