DRAFT
FINDINGS OF FACT
TO SUPPORT DENIAL
OF A VARIANCE FROM
DISTRICT RULE 24,
WATER PERMIT PROCESS
8 MESCAL PLACE, SEASIDE (A.P.N.
012-673-018)
1. FINDING: Ms. Debra L. Gramespacher is requesting a variance from District Rule 24 for the installation of a shower in a District-permitted half-bathroom at 8 Mescal Place in Seaside.
EVIDENCE: Application for Variance attached as Exhibit 10-A.
2. FINDING: Approval of a water permit without either water credit to offset or an allocation of water to permit the shower would be contrary to District Rule 24-A, because the addition of a fixture unit would intensify the site’s water use capacity.
EVIDENCE: District Rule 24-A.
3. FINDING: District Rule 90 allows the Board to grant a variance from the standards set by District Rule 24 only upon finding (a) that special circumstances exist, and (b) that practical difficulties or unnecessary hardship will result from the strict interpretation and enforcement of the rule, and (c) that granting the variance will not tend to defeat the purpose of Rule 24.
EVIDENCE: District Rule 90.
4. FINDING: The addition of a shower for convenience in a home that has more than two bathrooms does not represent “special circumstances.”
EVIDENCE: MPWMD Ordinance No. 98, Finding 4, is clear that the only “special circumstances” currently considered by the District for residential water fixtures occurs (1) in the master bathroom, and (2) when a second bathroom is added to a one-bathroom home.
5. FINDING: The applicant has failed to demonstrate practical difficulties or unnecessary hardship as required in Rule 90.
EVIDENCE: The applicant’s father could use an alternate existing bath without the addition of a shower.
6. FINDING: Granting the requested variance to allow the addition of a shower in a two and one-half bathroom home would tend to defeat the purposes of the Rules and Regulations.
EVIDENCE: The requirement for a water permit prior to the addition of residential water fixtures is a premise of the Rules and Regulations of the District as shown throughout Regulation II, Permits.
7. FINDING: There are not sufficient remaining on-site retrofits (i.e. instant-access hot water and half-gallon flush toilets) that would result in the two fixtures units of credit needed to offset a shower addition.
EVIDENCE: MPWMD Water Permit 20676 requires the installation of an ultra-low consumption washer, an ultra-low consumption dishwasher and three one-gallon toilets to offset the addition of a third sink and third toilet in the home at 8 Mescal Place in Seaside. Installation of all possible District low-consumption appliances would result in a credit of 1.4 fixture units. The requested shower is two fixture units.
8. FINDING: Ms. Gramespacher’s two-bathroom home presently has a permit to add a third toilet and a third sink, but there are insufficient water credits on the site to add a shower.
EVIDENCE: Water Permit and supplemental information on file at the District office.
9. FINDING: The applicant is requesting the District allow a variance to Table 1, Residential Fixture Unit Count, to allow the addition of a shower without requiring the applicant to offset the two fixture units needed for a shower.
EVIDENCE: Application for Variance attached as Exhibit 10-A.
10. FINDING: The applicant has not applied to the City of Seaside to add a shower, although the applicant is on the City’s water waiting list to add the third sink and third toilet.
EVIDENCE: Telephone conversation with Rick Medina, Planner II for the City of Seaside, May 5, 2005 and City of Seaside Ordinance No. 906 on file at the District office.
11. FINDING: District Rule 24-A, Process, states, “The addition of any fixture unit by a user shall be deemed an intensification of use requiring an expansion/extension permit, or an amended permit pursuant to these Rules and Regulations”.
EVIDENCE: District Rule 24-A.
12. FINDING: The request for a variance to allow the addition of a shower without debiting an allocation or offsetting the fixture by credits is denied.
EVIDENCE: Action taken by the
Board at the May 16, 2005 Board meeting.
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