Loading...
HomeMy WebLinkAbout2007-17RESOLUTION NO. 2007-17 DENYING THE APPEALS AND UPHOLDING THE PLANNING DIVISION'S ADMINISTRATIVE APPROVAL OF VARIANCE REQUEST ALLOWING FOR A MAXIMUM 3' FRONT YARD ENCROACHMENT WHICH WOULD ALLOW THE CONSTRUCTION OF A 186 +/- SQUARE FOOT ADDITION TO AN EXISTING GARAGE AT 664 DOLPHIN DRIVE AND UPHOLDING THE PLANNING DIVISION'S DENIAL OF ALL OTHER ASPECTS OF THE VARIANCE REQUEST (VAR 2005-07) (APN:196-161-006 --- GERLACH) WHEREAS, Glenn and Sharon Gerlach have requested approval of a Variance application VAR 2005-07 to allow a garage addition which would encroach 5' into the required 20' minimum front yard setback. In addition, the variance requests the construction of an addition to be used as storage on the left side of the garage which would encroach 3'6" into the required 20' minimum frontyard setback, resulting in a 16'6" front yard setback, and encroaching 2'3" into the minimum required 10' side yard setback, resulting in a 7'9" setback; and WHEREAS, the subject site is located at 664 Dolphin Drive and is further identified as Assessor's Parcel Number 196-161-006; and WHEREAS, this project is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA), Section 15301 (Existing Facilities); and WHEREAS, on June 21, 2005, the Planning Division reviewed the project and issued a letter to the applicants and surrounding property owners within 350', advising of an appealable administrative action which allowed a three foot front yard variance for the garage portion only; and WHEREAS, the subject property owner filed an appeal of the Town of Danville Planning Division's administrative decision to deny in part Variance application VAR 2005-07; and WHEREAS, neighboring property owners filed an appeal of the Town of Danville Planning Division's administrative decision to approve in part Variance application VAR 2005-07; and WHEREAS, a public notice of the November 27, 2007 Planning Commission meeting was mailed to surrounding property owners within 350 feet of the project site; and WHEREAS, the Planning Division has prepared a staff report recommending that the Planning Commission deny all appeals and uphold the Planning Division's administrative action; and WHEREAS, the Planning Commission did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing on November 27, 2007; now, therefore, be it RESOLVED that the Planning Commission of the Town of Danville approves in part Variance request VAR 2005-07, denies the appeals,- supports the Planning Division's administrative approval, and makes the following findings supporting this action: 1. This variance does not constitute a grant of special privilege inconsistent with the limitations on other properties in the area and the R-15; Single Family Residential District in which the subject property is located. 2. Because of the following special circumstances applicable to this specific property, strict application of the applicable zoning regulations would deprive the subject property of rights enjoyed by others in the general vicinity and/or located in the same zoning district. a. The proposed addition would allow the provision of a functional depth for the two-car garage. b. The design of this addition provides the most architecturally compatible alternative in context of the .existing layout of the residence on the property. The variance will allow the addition to be constructed along the same building line as the existing house. 3. This variance is in substantial conformance with the intent and purpose of the R- 15; Single Family Residential District in which the subject property is located since the variance allows for reasonable expansion of an existing single-family residence. CONDITIONS OF APPROVAL: 1. Development depicted in the project plans submitted for this variance request (i.e., Entry & Garage Addition - 664 Dolphin Drive dated June 11, 2005, prepared by Bruce Boyne) is not authorized. The front yard setback variance authorized under this request is limited to a three foot variance (i.e., 17' front yard setback authorized). No front yard setback variance is authorized for the adjoining storage area -the front yard setback for the storage area shall be a minimum of 20'. No side yard setback variance is authorized for the storage area -the side yard setback for the storage area shall be a minimum of 10'. PAGE 2 OF RESOLUTION N0.2007-17 2. Construction and grading activity shall be limited to weekdays during the hours from 7:30 a.m. to 5:30 p.m., unless otherwise approved in writing by the City Engineer. 3. Prior to construction, the applicant shall obtain all necessary building permits from the Town of Danville Building Division. The building permit plan submittal shall include a revised site plan that correctly depicts the location of the existing residence and the proposed addition as relates to the property's front and side property lines, by providing a survey conducted and completed by a licensed Civil Engineer. The site plan submitted with the variance request shows the front property line extending ten feet into the public right-of-way for Dolphin Drive. Unless the property owners can document that the prior building permit for the conversion of the back of the original garage area into a laundry room and a., closet was taken completely through the building inspection review process, the building permit for the garage extension authorized under this approval shall be expanded to address that prior work. While a building permit for the earlier work was secured, Town records indicate that the inspection process for the work was not taken to completion. 4. Prior to the issuance of a building permit, the applicant shall reimburse the Town notifying surrounding neighboring residents of the proposed variance. The fee shall be $78.02 (47 notices X two sets x $0.83 per notice). 5. The exterior building materials and colors of the garage extension shall match those of the existing residence. Roof materials shall match those currently utilized on the existing residence. 6. All plans for residential additions must be stamped approved by the Central Contra Costa Sanitary District prior to submittal for Building Permit approval. 7. Prior to building permit issuance, the applicant shall pay any related school fees to the San Ramon Valley Unified School District. PAGE 3 OF RESOLUTION N0.2007-17 APPROVED by the Danville Planning Commission at a regular meeting on November 27, 2007 by the following vote: AYES: Combs, Morgan, Nicho NOES: Condie ABSTAIN: Antoun ASSENT: Osborn Chair APPROVED AS TO FORM: City Attorney ~~_ Chief of anni g PAGE 4 OF RESOLUTION N0.2007-17