Supervisors override planners over setbacks

Elizabeth Gabriel

(Updated: Friday, September 19, 2008, 12:13 PM)

The buts (as in "I usually support the Planning Commission but ...) were flying around the Madera County Government Center at warp speed as supervisors, speakers from the public and staff members discussed a Bass Lake house with a plethora of variance requests.

The owners had appealed a ruling on setback variance requests. Planning Commission said "no." The Planning Department had recommended the commission's ruling should stand.

The variances requested are much narrower than what is called for in the ordinance. For instance, the home's designer requested a 10-foot front setback, while the ordinance requires a 25-foot setback.

But Robert C. and Diamond F. Hunter will get their home -- a replacement for a cabin -- at 54878 Willow Cove, with the blessings of the supervisors.

The staff summary listed four deviations from the county's ordinance for setbacks (the distance from the structure to the property line).

Before the public hearing on the matter began, board chairman Ronn Dominici, third district, Madera, took an unusual step and announced what he though of the issues.

"I read all the backup (maps, letters, photos, plans, etc. included in background information) and I went up there and looked at this situation," he said. He even took a 12-foot tape measure and a 300-foot roller tape and walked up the hill where the house will sit.

Part of the reason for the setbacks is safety, part is privacy.

Because the Willow Cove area of Bass Lake is so congested, supervisors take extra care to make sure projects there are scrutinized for their impacts on the roads, which tend to be narrow -- and get narrower when people park along them.

Dominici said he sees the planning issues as simple.

First, we must protect the roadways from any form of encroachment; second, we must prohibit onsite parking from encroaching on the roads and third we must minimize life safety risks from new development, he said.

"This property doesn't encroach," he said, "and based on this, this (project) can be supported. I normally support Planning, but I believe in this appeal."

(When the board approved a major development that will fill in property opposite the Pines Resort, much was made of the warren of streets in the Willow Cove area. Many people were concerned about escape should a fire roar through their crowded neighborhood. There is only one way out at the present time, and that is through the Pines Village.

(At that time, District 5 Supervisor Tom Wheeler, North Fork, suggested talking with the Forest Service to grant another road through its land. At the Sept. 9 meeting, Wheeler said the plans for such a road are well under way.)

Wheeler said it's his understanding that 75 percent of the homes in the Bass Lake area have a variance of one kind or another. Many started out as simple, small cabins and have grown like Topsy.

What makes the Hunter home different is the parking. The first floor is a big (3,400 square foot) parking area and the second floor is a big (5,400 square foot) home. There is additional parking on the lot as well.

Planning Director Jerald James, after listening to discussion, said, "This is a tough situation."

The ordinance requires a 25-foot front setback from the road. The Hunters were requesting a 10-foot setback, but were told they'd have to go to 15 feet.

"The 25-foot setback ordinance may not be realistic in recreational areas such as Bass Lake," James said.

He suggested it may be necessary to look at some kind of zoning district for the area that is specific to the area, where there are a wide variety of rulings on setbacks in place.

One point brought up often in discussion was that it seemed to the speaker unfair to say "no" to the Hunters when places all over Willow Cove might have smaller setbacks and more parking issues than his home plans.

The planning commission was overridden 5-0 and the staff was told to return to the board with a fire-safety and access plan for the Bass Lake Area.

The board meets Tuesdays at 9 a.m. at the Madera County Government Center, 200 W. Fourth St., Madera. Information is available online at www.madera-county.com.