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HomeMy WebLinkAbout2007-19RESOLUTION NO.2007-19 DENYING THE APPEAL OF LIUNG LING AND UPHOLDING THE PLANNING DIVISION'S ADMINISTRATIVE ACTION CONDITIONALLY APPROVING LOPEZ VARIANCE REQUEST VAR 2007-12 TO ALLOW THE CONSTRUCTION OF AN OPEN-WALLED PORCH ADDITION WITH A FIVE FOOT SIDE YARD SETBACK (TEN FOOT MINIMUM SETBACK REQUIRED) AND TO ALSO ALLOW THE CONSTRUCTION OF A FREESTANDING FIREPLACE STRUCTURE WITH A FIVE FOOT SIDE YARD SETBACK (TEN FOOT MINIMUM SETBACK REQUIRED) AT 240 STETSON DRIVE (APN: 206-343-049) WHEREAS, David and Sonya Lopez (APPLICANTS/OWNERS) applied for variance approval for a proposed open-walled porch addition and for a freestanding fireplace structure WHEREAS, the subject site is located at 240 Stetson Drive and is further identified as Assessor's Parcel Number 206-343-029; and WHEREAS, Administrative approval of VAR 2007-12 was granted on June 27, 2007; and WHEREAS, two appeals were filed in response to the circulation of the Appealable Action Letter for VAR 2007-12, with one of the two appeals (i.e., the appeal filed by Jay Miatovich) subsequently being withdrawn by the appellant; and WHEREAS, the second appeal (i.e., the appeal filed by Liung and Linda Ling -the property owner of the residential property abutting the northeast boundary of the subject property) points to concerns pertaining to the size of the porch addition (especially as it relates to the existing 5' building setback along the shared property boundary), and various concerns tied back to the potential shadowing impact on the Ling property that would result from the presence of the porch; and WHEREAS, the Town of Danville site-specific P-1; Planned Unit Development District' requires approval of a Variance prior to the construction of the proposed open-walled porch addition or the freestanding fireplace; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on October 23, 2007; and WHEREAS, the project has been found to be Categorically Exempt the California Environmental Quality Act (CEQA); and WHEREAS, the public notice of this action was given in all respects as required by law; and WHEREAS, a staff report was submitted recommending that the Planning Commission deny the appeal and uphold the Planning Division's administrative approval of Variance request VAR 2007-12; and WHEREAS, the Planning Commission did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; now, therefore, be it RESOLVED that the Planning Commission of the Town of Danville denies the appeal of the Planning Division's administrative approval and reaffirms the approval of Variance request VAR 2007-12, and makes the following findings in support of this action: FINDINGS OF APPROVAL: 1. This variance does not constitute a grant of special privilege inconsistent with the limitations on other properties in the area and the P-1; Planned Unit Development 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 corner location, relative lot size and sweeping street frontage results in a building footprint for the primary residence that results in relatively small private yard spaces behind, significantly limiting the ability to construct the proposed building addition (i.e., covered porch) and ancillary structure (i.e., freestanding fireplace) in strict compliance with the requisite side yard building setbacks. b. The physical improvements proposed under the variance request are consistent with the pattern of development present within the surrounding neighborhood. 3. This variance is in substantial conformance with the intent and purpose of the P- 1; Planned Unit Development District in which the subject property is located PAGE 2 OF RESOLUTION N0.2007-19 since the variance allows for reasonable enjoyment of the yard area of this single family residence. CONDITIONS OF APPROVAL: 1. Except as may be modified by the following conditions of approval, development authorized under this variance approval shall be substantially as shown on the project plans labeled "Lopez Addition' on file with the Planning Division and consisting of six sheets and dated received October 10, 2007. 2. Prior to the issuance of a building permit, the applicant shall reimburse the Town notifying surrounding residents of the proposed variance. The fee to be paid has two components, including a fee of $22.50 (30 notices X $0.75 per notice) for the initial distribution of the Appeal Action Letter and a fee of $129.90 (30 notices X $0.83 per notice plus $105.00). 3. 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 Chief Building Official. 4. Prior to construction, the applicant shall obtain all necessary building permits from the Town of Danville Building Division. 5. Prior to construction, the applicant shall coordinate with the abutting property owner to the northwest (i.e., the Miatovich residence at 226 Stetson Drive) with a goal of reaching agreement foliage to be added at the shared property boundary to soften the visual impact associated with the proposed freestanding fireplace. The landscape treatment ultimately ,selected shall be subject to review and approval by the Planning Division prior to installation. 6. The roof pitch for the open porch building addition shall not exceed a maximum pitch of 4 vertical -to-12 horizontal. The width of the eave overhang used for the open porch building addition shall match that used for the existing residence. Future enclosure of the open porch building addition is explicitly disallowed under this variance approval. Advisory Comment• 1. All plans for residential additions must be stamped approved by the Central Contra Costa Sanitary District prior to submittal for building permit approval. PAGE 3 OF RESOLUTION N0.2007-19 APPROVED by the Danville Planning Commission at a regular meeting on October 23, 2007, by the following vote: AYES: Storer, Osborn, Combs and Nichols NOES: Condie, Antoun and Morgan ABSTAIN: - ABSENT: - ,. Chairman APPROVED AS TO FORM: ~' ~ '"' j \~I(...~~f'~~~' .~ _ City Attorney Chief o ning PAGE 4 OF RESOLUTION NO.2007-19