EXHIBIT 1-A

 

DRAFT

FINDINGS OF APPROVAL

CONSIDER APPEAL REGARDING RULE 24 (ORDINANCE NO. 98), ASSESSMENT OF FEES FOR SECOND BATH -- 116 13TH STREET, PACIFIC GROVE, APN 006-183-007 – JEFFREY BECOM AND SALLY ABERG

 

May 27, 2004

 

It is hereby found and determined as follows:

 

1.                  FINDING:         Mr. Jeffrey Becom and Ms. Sally Jean Aberg appealed a decision of the General Manager to deny a waiver from the connection charge requirement for a second bathroom at 116 13th Street, Pacific Grove.

 

EVIDENCE:     Application for Appeal on file at District office.

 

2.                  FINDING:         The applicant referred to the “precedent-setting granting of the HANLON Appeal.  The Water Board agreed to grant Mr. Hanlon’s appeal on November 24, 2003.” 

 

EVIDENCE:     The Board’s granted the Hanlon Appeal based on the fact that Mr. Hanlon paid connection charges to the District and a debit was made to the jurisdiction’s water allocation. 

 

3.                  FINDING:         Action taken by the Board of Directors on November 17, 2004 granted credit to Mr. Hanlon based upon the evidence that he had received a water permit from and had paid a connection charge to the District for the water fixture.  There was also a corresponding debit to the City of Monterey’s water allocation to permit the spa.

 

EVIDENCE:     Findings of Approval for Hanlon dated December 15, 2004 on file at the District office.

 

4.                  FINDING:         The Becom/Aberg Appeal involved payment of District connection charges of $1,319.40 and issuance of a water permit that included a debit to the City of Monterey’s water allocation.  The applicants requested that the previously paid connection charge be applied to this permit.

 

EVIDENCE:     Water Permit No. 13124 issued September 16, 1992, on file at the District office and Application for Appeal on file at District office.

 

5.                  FINDING:         Mr. Becom and Ms. Aberg paid the District $959.51 in connection charges to add a second bathroom on January 6, 2004.

 

EVIDENCE:     Water Permit No. 21118 issued January 6, 2004, on file at the District office.

 

6.                  FINDING:         Mr. Becom and Ms. Aberg anticipated the refund of the previously paid connection charge when the water permit for the second bathroom was added.  Denial of the request to credit the connection charge placed a financial hardship upon the applicant.

 

EVIDENCE:     Application for Appeal on file at District office.

 

7.                  FINDING:         The Board determined that (1) when there is a record of a water permit that was issued for water fixtures no longer allowed to be removed for credit, and (2) when that permit involved payment of District connection charges and a debit to the jurisdiction’s allocation, and (3) when the applicant is removing the water fixtures that are no longer available for credit, (4) staff will apply the previously paid connection charges to future water permits for the same site.

 

EVIDENCE:     Action by the Board of Directors on May 3, 2004.

 

8.                  FINDING:         Staff shall refund $959.51 in District connection charges to Mr. Becom and Ms. Aberg to compensate for the connection charge that was paid by Mr. Becom and Ms. Aberg for Water Permit #21118.

 

EVIDENCE:     Direction from the Board of Directors on May 3, 2004.

 

 

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