HomeMy WebLinkAbout2012-04RESOLUTION NO. 2012-0004
APPROVING THE APPEAL AND DENYING LAND USE PERMIT REQUEST
DEV12-0003 WHICH REQUESTS THE MODIFICATION AND INTENSIFICATION
OF A PRE-EXISTING SECONDARY FRONT YARD FENCE
WHEREAS, GREGORY MAUNZ (Appellant) has appealed the Towri s administrative
approval of a Land Use Permit application (DEV12-0003) by MANUAL AND JANET
PINTO (Owner/Applicant) to allow the modification and intensification of a pre-
existing non -conforming secondary front yard fence on a .64 acre site; and
WHEREAS, the subject property is located at 60 Linda Court, further identified as
Assessor's Parcel Number APN:199-280-030; and
WHEREAS, on February 9, 2012, the Town mailed an Appeal Action Letter to
surrounding property owners within 350 feet advising of the Towri s intent to approve
the Land Use Permit; and
WHEREAS, the Town received an appeal of this action by Gregory Maunz in a letter
dated February 16, 2012; and
WHEREAS, approval of a Land Use Permit is required prior the modification or
expansion of a non -conforming use; and
WHEREAS, the project has been found to be Categorically Exempt from the
Requirements of the California Environmental Quality Act (CEQA), Section 3, Class
15303; and
WHEREAS, the Planning Commission did review the project at a noticed public
hearing on June 12, 2012; 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 approve the Land Use Permit request; 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 Danville Planning Commission approves the appeal and denies
Land Use Permit request DEV12-0003 and makes the following findings in support of
this action:
FINDINGS:
1. The land use will adversely affect the orderly development of property within
the Town as it does not comply with the required five foot setback requirement.
2. Approval of the Land Use Permit was based on inaccurate information. There is
no evidence that a legal fence was previously established in the location of the
current fence, and therefore there is no basis for establishing the fence as a legal
non -conforming fence.
APPROVED by the Danville Planning Commission at a regular meeting on June 12,
2012, by the following vote:
AYES: Bock-Willmes, Combs, Graham, Nichols, Overcashier, Radich
NOES: -
ABSTAIN: -
ABSENT: Attwood, Morgan
hai man
APPROVED AS TO FORM:
City Attorney ief f Planning
PAGE 2 OF RESOLUTION NO.2012-0004