To: Board of Supervisors
From: Aviation
Agenda Section: Public Hearing
Vote Requirement: Majority
SUBJECT:
title
Appeal of the Department of Aviation's denial of an Aviation Permit to Allow a Two-Story Accessory Dwelling Unit (ADU)
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RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Open public hearing.
2. Receive staff report, Appellant testimony, and public comment; and
3. Close public comment portion of the public hearing: and
4. Adopt Resolution (Attachment 1), which does the following:
a. Makes findings that the proposed development conflicts with Humboldt County Code, and the Airport Land Use Compatibility Plan (ALUCP) and supporting denial of the Appeal; and
b. Denies the appeal submitted by Joseph Doty; and
c. Denies the Aviation Permit for a two-story ADU above a new garage with a height of 24 feet for APN 511-131-031; and
5. Direct the Clerk of the Board to provide a certified Board Order and executed resolution to the Department of Aviation to be included with the notification of decision to the appropriate parties.
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STRATEGIC PLAN:
This action supports the following areas of your Board's Strategic Plan.
Area of Focus: Core Services/Other
Strategic Plan Category: 9999 - Core Services/Other
DISCUSSION:
Executive Summary
The Board of Supervisors is being asked to overturn the action of the Department of Aviation which informed a property owner that an Accessory Dwelling Unit (ADU) on top of a new garage cannot be constructed on property developed with a single-family residence in the runway protection zone of the Airport Land Use Compatibility Plan (ALUCP). The runway protection zone does not allow any structures other than avigation aids. The existing development on site is nonconforming and can remain and be maintained as it but cannot be added to or increased under the limitation of the ALUCP. There is also concern that a second-story accessory dwelling unit could penetrate protected airspace...
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