Zoning Administrator approves Levesque garage setback variance but bars commercial use without authorization

The Placer County Zoning Administrator on Oct. 23 approved a variance (PLN25‑00009) allowing a detached garage to be built 35 feet from the center line of an intermittent stream (where 50 feet is required) and 18 feet from the street‑side easement (where 30 feet is required) on a 1.9‑acre parcel at 600 Canyon Drive. The Zoning Administrator added an explicit condition prohibiting commercial use of the garage unless the owner obtains county authorization.

The variance had been the subject of three prior hearings and extensive neighbor opposition focused on: (1) whether a concrete slab near the creek was a preexisting footing or was poured recently without permits; (2) alleged pre‑application tree removal and impacts to blue oak woodland habitat; (3) potential hydrology, flooding and erosion impacts to Canyon Creek and neighboring properties; (4) public safety concerns for Canyon Drive as a narrow access with flood events; and (5) noise and nuisance concerns associated with equipment and activity on the site.

Planning staff said they reviewed the revised application (the applicant amended the request to move the structure farther from the creek) and concluded the findings required for a variance could be made given site constraints (parcel shape, topography and limited buildable area). Engineering staff said the proposed location is not within the mapped floodplain and sight‑distance exhibits supported the road/access assumptions. Code compliance staff said the concrete slab does not meet thresholds to be considered a structure requiring a building permit; the slab is considered flat work and not a violation. Multiple neighbors and groups (Protect American River Canyons, Meadow Glen homeowners and adjacent residents) testified or submitted letters asserting the slab was poured recently and alleging tree removals and other on‑site changes.

The Zoning Administrator said the applicant had revised the proposal to increase setbacks from the creek and that, in her view, the revised plan provided the minimum necessary deviation from code given site constraints. She approved the variance conditioned on the findings in the staff report and added Condition 11 (recorded as Condition 11/10 in the staff report sequence): the detached garage shall not be used for commercial purposes unless otherwise authorized by the county. Because public testimony was received, a 10‑day appeal period applies (appeal fee $774).