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Public Hearing to consider Variance Application No. V-25-01 by Alex Keedy to reduce the required front yard setback from 60 feet to 30 feet for a new 960 square foot residential accessory structure; The Department of Resource Management determined that the project qualifies for a Class 3 Categorical Exemption pursuant to the California Environmental Quality Act (CEQA), Section 15303(c) and (e): New Construction or Conversion of Small Structures. The property is located at 8350 Olive School Ln, 3.35 miles southwest of the City of Winters in the Rural Residential “RR-5” Zoning District: APN 0104160080
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Published Notice Required? Yes _x__ No __
Public Hearing Required? Yes _x__ No __
RECOMMENDATION:
1. Determine that the project qualifies for a Class 3 Categorical Exemption pursuant to the California Environmental Quality Act pursuant to CEQA Guidelines Section 15303(c) and (e): New Construction or Conversion of Small Structures.
2. Conduct a noticed public hearing to consider Variance Application No. V-25-01 by Alex Keedy to reduce the front and side yard setbacks; and
3. ADOPT the attached resolution with respect to the mandatory and suggested findings and APPROVE Variance No. V-25-01 subject to the recommended conditions of approval.
EXECUTIVE SUMMARY:
The applicant is requesting a Variance to reduce the front yard setback from 60 feet to 30 feet for a new 960 square foot accessory structure that will function as a barn for the pasture. The 5-acre property in the RR-5 zoning district is a legal lot with limited buildable area, as compared to the other parcels in the surrounding area. Applying the required setbacks in the zoning district would present a hardship for the property owner. Granting the Variance will not constitute a special privilege and will allow full use of the limited remaining undeveloped space.
PROJECT LOCATION MAP:
The project is in northern Solano County, 3.35 miles southwest of the City of Winters at 8350 Olive School Lane. As identified by the General Plan, the property is situated in the Rural Residential region where agriculture is not the sole land use, commercial agriculture production capability is low, and instead, where self-sufficiency and privacy are desirable.
The subject property is zoned Rural Residential 5-acre minimum (RR-5), and is developed with a primary dwelling, detached garage, ground mount solar panels, a couple of accessory structures and a pasture that is used by the property owners. Access to the property is via an existing driveway from Olive School Lane.
BACKGROUND:
A. Prior approvals:
This parcel was deemed legal in 1978 through recordation of Parcel Map 16-09, in which the subject parcel was recoded in conjunction with another parcel, 3A and 3B respectively. There are no building permit records for the construction of the primary dwelling or the detached garage.
B. Applicant/Owner:
Owner and Applicant: Alexander Keedy
C. General Plan Land Use Designation/Zoning:
General Plan: Rural Residential. Provides for single-family residences on 2.5-10-acre parcels. Clustering is permitted.
Zoning: Rural Residential 5-acre “RR-5”
D. Existing Use:
The subject property is currently being used as a private residence with a pasture.
E. Adjacent Zoning and Uses:
North: Rural Residential “RR-2.5”, Private Residence
South: Rural Residential “RR-2.5”, Private Residence
East: Rural Residential “RR-5”, Private Residence
West: Rural Residential “RR-5”, Private Residence
F. Environmental Analysis:
The project qualifies for a Class 3 Categorical Exemption pursuant to the California Environmental Quality Act Guidelines Section 15303(c) and (e), New Construction or Conversion of Small Structures. The guidelines state examples of appurtenant accessory structures including, but not limited to garages, carports, patios, swimming pools and fences are exempt from CEQA. The guidelines also state that structures not involving the use of significant amounts of hazardous substances and not exceeding 2,500 square feet in floor area are exempt.
The proposed residential accessory structure is incidental to the property, as the property has a pasture which consists of emus, cows, goats, and chickens. The proposed structure will be used as a barn for storage of tools and equipment for maintenance of the pasture. Additionally, the 960 square foot barn is well under the 2,500 square foot threshold and will not store any hazardous substances or be constructed on a hazardous waste site.
VI. ANALYSIS:
A. Project Description:
The applicant is requesting to reduce the front yard setback from 60 feet to 30 feet to allow construction of a 40’ x 24’ (960 square foot) accessory building. The accessory building will function as a barn to serve the 1-acre pasture on the property. Tools and equipment for maintenance of the farm will be stored in the barn. Due to the seasonal creek that runs through the property, lack of bridge access, and the topography of the southern portion property, usable buildable space is limited to the northern part of the parcel.
B. General Plan Consistency:
The subject site is designated Rural Residential by the Solano County General Plan. As indicated in the Solano County General Plan Residential Land Use Descriptions (General Plan Table B-2), self-sufficiency and privacy are desirable traits for Rural Residential land use designations. The proposed barn will serve an existing pasture, that is only used by the owners of the property for their own needs, and not for commercial agriculture production.
C. Zoning Consistency:
The Rural Residential 5-acre, “RR-5” Zoning District is consistent with this designation. The property is served by private well water and has a private sewage disposal system. The proposed barn is considered an accessory structure, which is permitted by right.
D. Development Standards:
The development standards for accessory buildings in the Rural Residential Zoning Districts require front setbacks to be a minimum of 60 feet, with side and rear setbacks required at a minimum of 10 feet. A minimum of 10-foot setback is also required in between structures. The maximum height allowed for accessory buildings is 35 feet.
The proposed barn meets all the development standards except for the front yard setback, which the applicant seeks a variance for. The proposed 960 square foot barn will have a height of 21 feet. The property is in the Fire Protection State Responsibility Area (SRA) which requires any structure to have a 30-foot setback from all property lines. The proposed barn meets all the development requirements for the SRA.
E. Development Review Committee:
The Development Review Committee meeting was scheduled and met on January 29, 2025. The comments and concerns raised during the meeting have been incorporated into the Conditions of Approval.
VII. FINDINGS:
1. Because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of this chapter is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications.
2. Variance granted shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zoning district in which subject property is situated.
The subject parcel is triangular with limited buildable area compared to surrounding properties. Enforcing the required zoning setbacks would create a hardship for the property owner. Exhibit C illustrates these limitations for the proposed barn.
The barn's west side faces the pasture it will serve. To the south, there is a chicken coop and composting area, while the east side contains a garden and well. Further east, the leach field, solar panels, PG&E electrical pole, and septic tank are located. A seasonal creek runs east to west across the property, restricting development to the northern side due to the absence of a bridge. Additionally, the southern portion consists of a steep hillside with elevation gains of up to 55 feet, making construction difficult and requiring costly grading.
Attachment B shows that most nearby parcels have accessory structures. Unlike the subject parcel, these properties are rectangular and are not bisected by a creek, allowing for greater functional buildable space.
The proposed barn is situated in the most practical location, ensuring visibility while avoiding conflicts with the well, septic system, and existing land uses. Its proximity to the pasture enhances functionality. The requested setback reduction does not grant a special privilege and will not impact adjacent properties.
VIII. RECOMMENDED CONDITIONS OF APPROVAL: Refer to Exhibit A Draft Resolution for a complete list of the Conditions of Approval listed for the project.
ATTACHMENTS:
Exhibit A - Draft Resolution
Exhibit B - Vicinity Map
Exhibit C - Site Plan
Exhibit D - Elevations and Floor Plan