Don Pedro Zoning Change Approved

Don Pedro zoning change wins
Written by Union Democrat staff June 21, 2012 12:14 pm

The Tuolumne County Board of Supervisors this week approved, over neighbors’ objections, a zoning change for a 10-acre property near Lake Don Pedro that will allow the owners to keep two more housing units on-site than previously allowed.

The Kanaka Creek Estates property, owned by Ruth and Larry Matteson, has long been under zoning restrictions that only allow one unit per 10-acre plot.

The Mattesons found themselves in a quandary after purchasing the property, which includes a double-wide mobile home and a barn converted into two apartments. The two units in the barn were illegal, and the 1991 building permit for the structure only allowed for a single barn with a bathroom.

Larry Matteson and attorney Steven Mikelich said the previous property owner erected the housing units long before they bought it. And they both said the bank that sold the foreclosed property to them in 2010 failed to disclose the zoning restrictions.

They bought it “not knowing they were buying a problem,” Mikelich said. “For the last 20 years, it’s been as it is.”

The Mattesons applied to the county’s Community Resources Agency to make the property a Planned Unit Development. The permit would allow all three units to stay, and allow the new owners to rent the units in the converted barn as affordable housing.

The proposal did not sit well with a number of neighbors who submitted a petition with more than 20 signatures against the zone change.

The petitioners raised concerns about increasing housing density in a development meant for rural, single family homes. They also questioned how appropriate affordable housing is in a country setting away from public services, like police and fire protection, and schools and stores.

“The number of services out there are paltry, if any,” said Steven McCann, a nearby property owner. “We don’t believe this proposal is consistent with the general plan of the county.”

Then there’s the question of fairness, which multiple neighbors raised this week to the county supervisors.

Sandra Thomason, whose nearby property is under the same zoning, said her family considered building another house on the property for family. They were told by county planners that “under no circumstances” could they build another unit, she said.

“If the board approves this, it’s basically rewarding bad behavior,” Thomason said. “We’ve all complied with the (zoning).”

Ultimately, the board sided with the Mattesons, with multiple supervisors asking why it’s suddenly a big deal now after the property has been as-is for decades.

“Nobody’s filed a complaint for 21 years, and now that it’s trying to be resolved, we’re hearing opposition to it,” Supervisor Evan Royce said. “It’s unfortunate neighbors have to go through this process against each other.”

http://www.uniondemocrat.com/News/Local-News/Don-Pedro-zoning-change-wins