File #: 21-1320    Version: 1
Type: Agenda Item Status: Approved
File created: 8/5/2021 In control: Board of Supervisors
On agenda: 9/21/2021 Final action: 9/21/2021
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 for Variance 20-0004 for APN 033-565-007, which is located in the Mountain View Estates Subdivision and adjoins Forest Mountain Drive, a County maintained road. FUNDING: Fees paid by applicant.
Attachments: 1. A - Approved CRS, 2. B - V20-0004 Notice of Deed Restriction, 3. C - V20-0004 Conditions of Approval, 4. Executed Notice of Deed Restriction
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 for Variance 20-0004 for APN 033-565-007, which is located in the Mountain View Estates Subdivision and adjoins Forest Mountain Drive, a County maintained road.

FUNDING: Fees paid by applicant.
Body
DISCUSSION / BACKGROUND
On May 5, 2021, the Zoning Administrator approved Variance 20-0004 (Variance) for APN 033-565-007 at a publicly noticed hearing. 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 for development applications, including but not limited to variances from development standards due to special circumstances.

The Variance was requested by Larry T Tomer and Trish F Tomer (Owners) in order to develop a two-car garage, providing covered parking for two vehicles. The Variance reduces the front yard setback on the property from the standard 20 feet to 0 feet; there is no reduction in the side and rear setbacks. The Variance does not grant new allowable or verified land coverage, and the parcel’s land coverage remains consistent with the Tahoe Regional Planning Agency (TRPA) Compact land coverage requirements. 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 Variance was found consistent with the policies of the General Plan and the Zoning Code, and Planning staff recommended approval of the Variance.

The Conditions for Approval for the Variance include the following Condition 7: “Prior to Issuance of Building Permits, the applicant shall execute a hold harmless and indemnification ag...

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