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Thursday, 11 September 2008 04:51

Board of Supes Approves Deaver Building Permit

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slide13.pngShenandoah Valley Vineyard owner Ken Deaver was moved to the front of the Amador County Planning Commission agenda Tuesday evening, where the Commission voted 3-2 to approve a building permit at his vineyard. The Commission rethought a July 8th decision to deny Deaver’s request for a boundary line adjustment that would allow one single family dwelling and two farm labor quarters on a 42-acre parcel located at Deaver Vineyard off of Shenandoah Road. Deaver has already constructed one mobile unit intended for farm laborer housing on the property, but had yet to obtain a permit from the County. The Planning Commission originally denied the request for a permit on the grounds that the boundary adjustment would exceed the total number of farm labor quarters allowed under the County Housing Ordinance, which was passed in 2005. On August 19th, the Board of Supervisors was scheduled to hear Deaver’s appeal. Because of new information obtained on the California Department of Housing and Community Development’s 2007 conditions for farm labor units, the Board sent the matter back to the Planning Commission for reconsideration. At Tuesday’s meeting, the issue of the boundary adjustment was settled in Deaver’s favor, in light of the Housing Ordinance’s incompatibility with HCD conditions. But an interpretive question remained on whether the County should issue a Conditional Use Permit, or a Ministerial “over-the-counter” permit. Commissioner Ray Ryan argued that HCD’s conditions were meant to ease restrictions on farm labor housing, and that the permit should be ministerial. Commission Chair Andy Byrne debated Ryan, taking the position that the county should be able to issue a conditional use permit in order to insure proper land use. Byrne also worried about setting a precedent for future housing policy. In the end, the Commission voted 3-2 to issue a ministerial permit, with the stipulation that the decision be specific to this application only. Deaver also will be reimbursed for fees associated with the process.
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