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1997-01-08 Town of Truckee ZONING ADMINISTRATOR MEETING January 8, 1997 2:00 P.M. Truckee Donner Public Utility District Board Room 11570 Donner Pass Road, Truckee, California MINUTES o CALL TO ORDER. The meeting was called to order at 2:07 p.m. PUBLIC COMMENTS. None. APPROVAL OF MINUTES. 3.1 December 11, 1996 - Regular Meeting Zoning Administrator Tony Lashbrook approved the minutes of December 11, 1996. PUBLIC HEARINGS. 4.1 96-096/TPM (Tentative Parcel Map); Yvonne Dukes, owner/applicant; Bob Coombs, Coombs Engineering, agent. Recommended Action: Approve the tentative parcel map application subject to the conditions of approval and based upon the findings contained within the staff report; and Determine the project to be exempt from CEQA review pursuant to Section 15315, Class 15 Categorical Exemption of the Act. Applicant Yvonne Dukes and agent Bob Coombs were both present. Adjacent property owners Beverly Walls, Greg Bashford, and Cindy Bashford were also present. Planner Gavin Ball presented a brief staff report. He stated that the two issues warranted further clarification and discussion: 1) elimination of the Timberridge Road improvement requirement due to reconfiguration of parcels required to satisfy Fire District standards; and 2) the adequacy of the existing road maintenance agreement. Mr. Ball stated that staff could support the elimination of the Timberridge Road improvement requirement with a no-access easement on the map. Staff has recommended as a condition of the map that the applicant verify the adequacy of the road maintenance agreement prior to recordation. Mr. Lashbrook stated that he reviewed the letters submitted by the Leslie's, Wall's, and Bashford's. He stated that his concern was with the Town's ability to enforce the road maintenance agreement and was the purpose of the road maintenance agreement originally. Mr. Coombs stated that technically the new easements should be in the road maintenance agreement. Mr. Lashbrook asked if this was an adequate mechanism for the Town to enforce the road maintenance agreement and Mr. Coombs replied that he wasn't sure. Mr. Coombs stated that he reviewed the staff report and the only exception the applicant had was Condition of Approval No. 6 regarding the amendment to the road maintenance agreement. He stated that there was a problem with the original road alignment in that a portion of the road centers the creek. He stated that adjacent property owners made a slight alignment with the creation of three new easements: I) one lane of the road would be in a newly created easement; 2) one lane would remain in the old easement; and 3) a 30-foot adjustment would be made in the third easement area. He stated that these three easements need to be added to the road maintenance agreement. Mr. Coombs added that the applicant is willing to prepare an amendment to the road maintenance agreement to satisfy the Town's requirements and submit proof of mailings for signature to all property owners. He recommended that Condition No. 6 reflect the applicant's limited abilities to amend the road maintenance agreement. Ms. Dukes stated there are three parts to the road maintenance agreement. The current agreement shows no measurements, references the sections of the road only, and does not contain specific outlines of the easements. She stated that if one portion of the road maintenance agreement is incorrect, the other parts of the agreement still stand. She added that if the road maintenance agreement was thrown out, the original CC&R's which provide for road maintenance would prevail. Mr. Lashbrook stated that he didn't have enough information about the road maintenance agreement or whether or not the Town approved the road to act on this application. He stated that the Town needs an adequate mechanism for road maintenance and he suggested that the road maintenance agreement be revised and accepted, or that an opinion be obtained from the Homeowner's Association counsel that the existing road maintenance agreement is enforceable. He added that the road outside the originally described area be added if necessary, but he would need to have this issue resolved to consider this application complete. Mr. Coombs asked if a letter from any attorney would suffice since the applicant is not in control of what the association does. Mr. Lashbrook replied yes, but his preference would be to receive an opinion from the homeowner's association attorney. He stated that if this was not possible, he would accept a letter of opinion from Ms. Dukes attorney's to submit to the Town attorney for a legal decision. Mr. Bashford asked if Zoning Administrator Meeting January 8, 1997 Page 2 another attorney's opinion would be considered and Mr. Lashbrook replied yes. Mr. Bashford stated that steps were not properly taken for the road agreement and there are still unresolved issues which impact adjacent parcels. He stated that the document was the easiest to remedy. He asked how Condition No. 10 regarding the no access easement would be enforced and how the Town would prevent owner's from "bootlegging" in driveways. Mr. Lashbrook replied that the building permit process provides the tool for enforcement of the no access easement. Zoning Administrator Tony Lashbrook continued this hearing to Wednesday, January 22, 1997 at 2:00 p.m. He asked that opinions be rendered from the homeowners association counsel and Ms. Duke's counsel on whether the road outside the original parameters was fatal to the enforceability of the road maintenance agreement. He also asked that the two attorneys discuss this issue on their own time and added that it would be beneficial for this legal information to be submitted to town staff by Friday before the hearing to allow review by the Town Attorney. 4.2 96-112/AV (Area Variance); Hans Stueckler, owner/applicant. Recommended Action: Determine the project categorically exempt pursuant to Section 15305(a) of the California Environmental Quality Act; and Approve the area variance application subject to the conditions of approval and based upon the findings contained within the staff report. The applicant was not present. No staff report was presented. Zoning Administrator Tony Lashbrook approved the application based upon the conditions and findings contained within the staff report. ADJOURNMENT. The meeting was adjourned at 3:10 p.m. Respectfully submitted, TONY LASHBROOK, Community Development Director by: '~//~~j ~:~ ~/~X Kelly Hol~Administrative Secretary Zoning Administrator Meeting January 8, 1997 Page 3