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RESOLUTION NO. 2008-18
UPHOLDING PLANNING DIVISION DENIAL OF VARIANCE APPLICATION
(V AR08-0012) AND DEVELOPMENT PLAN (DEV08-0072) WHICH REQUESTS
AUTHORIZATION TO CONSTRUCT AN 881 +/- SQUARE FOOT
CARPORT/GARAGE ADDITION TO AN EXISTING OFFICE BUILDING WHICH
WOULD RESULT IN A ZERO LOT LINE SIDE YARD SETBACK ON THE SOUTH
PROPERTY LINE, WHERE A 5' SETBACK IS REQUIRED, AND A 6'9" SETBACK
ON THE REAR PROPERTY LINE, WHERE A 20' SETBACK IS REQUIRED FOR
THE SUBJECT PROPERTY LOCATED AT 77 FRONT STREET
(APN: 200-211-018- SCHERER TRE)
WHEREAS, Pelican Communications and Barry and Volkman Architects requested
approval of Variance application (V AR08-0012) and Development Plan request (DEV08-
0072) to allow the construction of an 881 + / - square foot garage/ carport addition which
would encroach into the side and rear yard setbacks of the 0.18 + / - acre site; and
WHEREAS, the subject site is located at 77 Front Street and is further identified as
Assessor's Parcel Number 200-211-018; and
WHEREAS, the Town of Danville Downtown Business District Ordinance requires
approval of a Variance and Development Plan application prior to new development
which will encroach into the applicable setback requirements; and
WHEREAS, the Planning Division denied DEV08-0072 and V AR08-0012 on September
16, 2008; and
WHEREAS, Barry and Volkman Architects submitted a letter appealing the Planning
Division's action on September 25, 2008; and
WHEREAS, the Planning Commission did review the project at a noticed public
hearing on November 25, 2008; and
WHEREAS, the project has been found to be Categorically Exempt from the California
Environmental Quality Act (CEQA) (Section 15303, Class 1); 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
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
and upholds the Planning Division's denial of Variance request V AR08-0012 and
Development Plan application DEV08-0072, and makes the following findings in
support of this action:
1. This variance would constitute a grant of special privilege inconsistent with the
limitations on other properties in the area and the Downtown Business District -
Area 4 (DBD4) in which the subject property is located.
2. Because of the following circumstances applicable to this specific property, strict
application of the applicable zoning regulations do not deprive the subject
property of rights enjoyed by others in the general vicinity and/ or located in the
same zoning district.
a) The ability to park in the location of the addition is still available even if
the enclosure is not approved. There is no clear hardship or special
circumstance that justifies the setback variance request to obtain covered
parking, when the site is already meeting the applicable parking
requirements.
b) The property is relatively flat and rectangular. Therefore there are no
hardships or special circumstances to support a proposed variance.
3. The proposed variance is not in substantial conformance with the intent and
purpose of the Downtown Business District - Area 4 in which the subject
property is located.
a) The intent and purpose of the Downtown Business District 4 is still being
met despite the denial of this project. The addition will not add any
conditioned commercial space to the building and will only serve to cover
existing parking. A denial of the project will result in the subject property
remaining in substantial conformance with applicable land use/ zoning
district.
APPROVED by the Danville Planning Commission at a regular meeting on November
25,2008 by the following vote:
PAGE 2 OF RESOLUTION NO. 2008-18
AYES:
NOES:
ABSTAIN:
ABSENT:
Antoun, Condie, Morgan, Nichols, Storer
Combs, Overcashier, Welch / ." /
~7'~~h
Chair
APPROVED AS TO FORM:
~~
City Attorney )
~
Chief of
PAGE 3 OF RESOLUTION NO. 2008-18