CLEARLAKE — The Clearlake City Council upheld a Planning Commission decision Thursday in actions taken as part of the evening”s regular agenda.
The council also acted on items related to the requirements of a recent settlement agreement with the Sierra Club as well as an item pertaining to the 2010-11 fiscal year budget of the Redevelopment Agency.
The council continued a public hearing regarding the establishment of guidelines for regulating medical marijuana dispensaries in the city. The public hearing was continued to the June 9 regular meeting of the council.
The council voted 2-1 to uphold the Planning Commission”s decision to deny a variance application by Rebecca Whitmire in relation to property at 14708 Palmer Avenue. Vice Mayor Joey Luiz and Councilman Curt Giambruno voted to uphold the decision while Councilwoman Jeri Spittler voted in dissention. Mayor Joyce Overton and Councilwoman Judy Thein were absent from the meeting because of medical reasons.
Whitmire apparently proceeded to construct a structure described as a changing room with an attached bathroom on her property without going through the proper permitting process. The building was determined to be located within the required setback area on the property.
Whitmire requested a variance from the Planning Commission citing that the structure is needed to aid in the care of her disabled husband.
Testimony was heard from Karen Taylor, who said she is a resident of the neighborhood. “This is really outrageous,” Taylor said. “The setback laws are the setback laws. This is the complete defiance to what it is to be homeowner in the city. The laws are the laws; the city needs to enforce them.”
Giambruno indicated that he took issue with no building permit being taken out prior to construction. He said he thought the Planning Commission completed its due diligence and that he would uphold its decision. Luiz said he could not overturn the Planning Commission”s decision in good faith.
Spittler, who said she has known Whitmire for about 10 years, indicated that she thought the council should make an exception because the purpose of the building is to assist in the care of Whitmire”s disabled husband. She said she would support giving Whitmire special consideration as long as Whitmire is providing care for her husband. Ultimately, Whitmire”s appeal was denied.
In compliance with a recent settlement agreement with the Sierra Club, the council/RDA acted on items to rescind the approval of the disposition and development agreement and mitigated negative declaration pertaining to the development of the old airport property by KK Raphel Properties, LLC. Interim City Administrator Steve Albright said the evening”s action sets in motion of number of actions pertaining to the development of the property that will be presented to the council throughout the next month.
The council voted 3-0 to adopt a 2010-11 budget for the Redevelopment Agency. The agency had been operating on an extension of the 2009-10 budget. He said the budget reflects revenues and expenditures to date.
With two members of the council absent for Thursday”s meeting, the council decided to continue a public hearing pertaining to the regulation of medical marijuana dispensaries in the city to the June 9 meeting.
Contact Denise Rockenstein at drockenstein@clearlakeobserver.com or call her directly at 994-6444, ext. 14.
