Cara Agustin of the Planning Department introduced the item and explained that during a Technical Advisory Committee meeting Garcia was requested to consider changing the orientation of the proposed home to as to reduce the encroachment into the required setbacks. Garcia’s contractor revised the variance application to request an 11 foot encroachment into the 25 foot setback only. On March 13th the Planning Commission reviewed the request and recommended approval by the Board of Supervisors. At yesterday’s public hearing, Sherry Penrose got up to speak in opposition of the variance. Penrose’s property apparently borders the back of Garcia’s property. Penrose said that if you look around the surrounding neighborhood every home is built on a double, triple or quadruple lot while this 3,000 square foot lot she felt was not even sizable enough for a home at all. In a letter to the Board Garcia notes, “The positioning of my proposed home was determined by myself and my contractor to be the best fit after considering a number of factors…” He also said that he believes the variance should be approved “due to an unworkable front setback.”

Supervisor Oneto responded to Ms. Penrose’s comments by saying that he agrees that the lot is small, but that it is the County’s fault and not the property owners. “I understand your concerns. The County probably made a mistake years ago in making them (the lots) so small, but we can’t go in there and take away their rights.” Referring to a property owner’s right to build a home on their property. Supervisor Boitano pointed out that back in the 1930’s River Pines served as a resort town and that could account for the small lot sizes. Penrose concluded, “If we keep waiving any of the setbacks it’s gonna look like Sutter Creek.” “I think people should be able to build on their lot,” said Supervisor Oneto who immediately followed the comment with a motion to approve the variance request. The vote was unanimous.