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Commission denies subdivision appeal

December 14, 2014 by Donna Beth Weilenman Leave a Comment

Benicia Planning Commission on Thursday unanimously denied an appeal by three residents who objected to a decision by interim Community Development Director Dan Marks, who said 1035 West K St. could be divided into four parcels so a house could be built on each one.

Richard Runquist, a neighbor, had written the commission, saying that the owners of a former house on the current lot had collected household, industrial and agricultural chemicals and electronic equipment on their property.

He told the panel Thursday that the old farmhouse’s owner, the late Werner Schulze, “never threw anything away.”

After Schulze died in 2008, Runquist helped the widow, Edith Schulze, by cleaning out much of the house, and recruiting Reggie Johnson, of R. Johnson Metals, to haul off salvageable materials.

Runquist originally wrote the city Dec. 19, 2013, to say the home “may still contain many toxic and health-threatening chemicals and compounds, not to mention lead paint, asbestos, fungi and molds.”

Tim Steele, whose father, David, also had filed an appeal, said his family’s concern “was not whether it can be developed, but developed in a responsible manner. It’s unconscionable not to do an environmental study.”

David Steele’s wife, Ricki, objected to losing her view if the homes were built. “We can’t see sky,” she said. “We have to sell. We don’t have a view.”

She said city approval of the prospective development of four homes on the lot would ruin the neighborhood for 14 people, and lamented that her home “is worth squat.”

She said she and her neighbors also objected to the anticipated construction sounds that, under city codes, would occur between 7 a.m. and 10 p.m.

“Views in this town are near and dear to my heart,” Commissioner Suzanne Sprague said. “But that’s not the issue to consider.”

City employees inspected the Schulzes’ house before it was demolished, Associate Planner Suzanne Thorsen told the commission.

General contractor Jeff Page, who is building a new home on what would become Lot 1 on the parcel, said engineers and the Regional Water Quality Control Board found no contaminants on the site, and architect Steve McKee said Benicia Public Works employees walked the land and found nothing suspicious. “The city didn’t see anything that warranted us to stop,” McKee said.

Page said soil borings from 10 to 30 feet deep were done to determine soil types and consistency, and he and his geological engineer would have reported any sheen or other telltale sign that hazardous waste had contaminated the ground.

He said they found buried broken concrete and asphalt, as well as tools and wine bottles.

“We take it down to undisturbed soil. Anything found is a stopper, right there,” he said.

Chairperson Donald Dean noted that as some properties in the city become more densely developed, those who moved in earlier would lose views. While that was unfortunate, he said, Marks’s decision was appropriate.

In other matters, the commission approved a use permit for a day care at Community Congregational United Church of Christ, 1305 West Second St., and a use permit that would let Northgate Christian Fellowship modify its phased construction at 2201 Lake Herman Road.

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