1. Applicant: Robert Ganem Addresses: 7304 & 7312 Black Oak Lane Planning Commission Meeting – August 21, 2015

2.  A Variance is a request to deviate from current zoning requirements. If granted, it permits the owner to use the land in a manner not otherwise permitted by zoning ordinance.  Variances are limited to those situations where the peculiar physical characteristics of a site make it difficult to develop under standard regulations.

3.  A Variance is granted in order to bring the disadvantaged property up to the level of use enjoyed by nearby properties located in the surrounding neighborhood  The purpose of a Variance is to allow variation from the strict application of the standards of the zoning ordinance, where it can be found that practical difficulties, unnecessary hardships or results inconsistent with the general purpose of this Title (Title 17), would occur by its implementation.

4.  Project Description ◦ Variance No. 2015-097 & 2015-102 proposes to construct and use 3 off-site parking spaces within the right-of-way of Black Oak Road, fronting the project parcels. Both parcels have the same challenging slopes and on-site parking challenges and both will be used as transient rentals.

5.  Why is this Variance Necessary? ◦ Section 17.108.120 Off street parking  At the time of issuance of a building permit for any new building and/or structure…there shall be provisions for minimum off -street parking…  Two (2) parking spaces per residential unit. ◦ Section 17.108.180 Bed and Breakfast and residential transient rentals.  H. The following on-site parking standards shall apply:  2. Residential transient rental establishments shall have one (1) parking space for each bedroom to be rented.

7. 7304 Black Oak Lane APN 006-080-061

8. 7304 Black Oak Lane APN 006-080-061

11. 7312 Black Oak Lane APN 006-080-059

12. 7312 Black Oak Lane APN 006-080-059

15.  Conditions of Approval: ◦ All conditions required by Public Works through the encroachment permit process shall be met as required by Public Works and prior to the issuance of a Certificate of Occupancy to the residential structure. ◦ Prior to any construction, a licensed land surveyor or other qualified professional will post the property corners and lines in the area of construction, and will provide project layout staking for the structure

16.  Mariposa County Code Chapter 17.120 requires staff to analyze the Variance for compliance with 5 necessary findings.  If a project cannot meet the required findings then the Variance should be denied by the PC  The PC may impose any conditions it deems necessary to guarantee compliance with the findings

17.  1. Exceptional Circumstances: ◦ There are exceptional or extraordinary circumstances or conditions applicable to the property involved. 1.Most parcels in YW are steep & limited in size. Grading solutions are often incorporated to deal with the problems associated with living in a mountain community. 2.Lot 190 is 83’ wide and with a 15’ PUE along the east line leaving only 57’of frontage to grade a driveway (50% slope) and 10’ PUE along the front property line. 3.Lot 194 is 95.4 feet wide and with a 15’ PUE along the west line leaving 80.4’ of frontage to grade a driveway (50% slope) and a 10’ PUE along the front property line. 4.Construction of a driveway would result in significant grading challenges & grading impacts and could not be done on-site, without the use of significant retaining walls.

18.  2. Material Detriment ◦ The proposed project will not cause material detriment to the public welfare or be injurious to the property or surrounding area. 1.The off-site parking strip is located on an already- existing widened shoulder which has served as roadside parking for years. 2.Public Works has approved the use of this area for parking for these projects and has placed conditions on the encroachment permit so that parking spaces will be improved to required County standards. 3.Many structures in YW have similar on-site parking challenges.

19.  3. General Plan: ◦ Granting of the Variance will not adversely affect the comprehensive General Plan. 1.The property is located within the Residential Land Use and the project is consistent with the land use. 2.The Variance is a process permitted by County Code, and State Law, if appropriate as determined by special physical characteristics of the site. 3.The granting of this Variance will not adversely affect the General Plan if the PC finds that the individual site conditions warrant a deviation from the on-site transient rental parking standards.

20.  4. Special Circumstances: ◦ There are special circumstances applicable to the property in which the strict application of zoning ordinance regulations will deprive the property of privileges enjoyed by other property in the vicinity and under the identical zone. 1.A significant number of transient rentals in YW already enjoy the benefits of off-site parking. 2.The strict application of this zoning ordinance would deprive the owner of the ability to operate a transient rental, a use maintained by others in Yosemite West, including neighbors on Black Oak Lane.

21.  5. Special Privilege: ◦ Granting the Variance will not constitute a special privilege inconsistent with the limitations on other properties in the vicinity and zone in which the property is located. 1.The granting of this Variance allows the applicant’s home to receive privileges already enjoyed by other property owners in YW. 2.Several other homes in YW have no on-site parking and may developed parking areas within the right-of-way. 3.If other parcels do have similar circumstances then they would be subject to the Variance process to determine if deviation from the standards is appropriate.

22. Conclusion/Staff Recommendation  Staff recommends that the Planning Commission adopt a resolution: A.Approving Variance No. 2015-097 with the recommended findings and conditions, including a finding that the project is exempt from environmental review. B.Approving Variance No. 2015-102 with the recommended findings and conditions, including a finding that the project is exempt from environmental review.