HomeMy WebLinkAbout2013-09RESOLUTION NO. 2013-09
APPROVING AN APPEAL AND OVERTURNING THE TOWN'S APPROVAL AND
DENYING VARIANCE REQUEST VAR12-0042 (APN:199-280-030) - PINTO
WHEREAS, MANUAL AND JANET PINTO (Owner) have requested approval of a
Variance application (VAR12-0042) to legalize and allow for the continued existence of a
six foot high wrought iron fence which encroaches five feet into the required five foot
secondary front yard setback, resulting in a zero foot setback from the edge of the 25
foot wide private access easement on a 27,930 +/- square foot site; and
WHEREAS, the subject property is located at 60 Linda Court, APN: 199-280-030; and
WHEREAS, the Town's Single Family Residential District Ordinance requires approval
of a Variance application in order to allow a secondary front yard fence to encroach into
the required five foot side yard setback; and
WHEREAS, on December 11, 2012 the Town mailed an Appealable Action Letter to
surrounding property owners stating that the Town was prepared to take action
conditionally approving the application; and
WHEREAS, the Towri s action proposed to approve the Variance application in part,
allowing for the upper approximately 96 linear feet of the approximately 140 linear foot
fence to remain in its current location, and requiring the lower approximately 44 linear
feet of fence to be relocated to observe the required five foot setback from the edge of
the private access easement; and
WHEREAS, on December 21, 2012, the Town received an appeal of this action from
Greg Maunz and Bobbi Chaville, owners of 70 Linda Court; and
WHEREAS, the project has been found to be Categorically Exempt from the
Requirements of the California Environmental Quality Act (CEQA), Section 15303, Class
3; and
WHEREAS, the Planning Commission did review the project at a noticed public
hearing on July 9, 2013; 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 Variance 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
Variance request VAR12-0042 and makes the following findings in support of this
action:
FINDINGS:
1. Strict application of the zoning regulations would not deprive the subject
property of rights enjoyed by others in the general vicinity and/or located in the
same zoning district:
a. The subject fence could be moved into the property to meet the five foot
setback requirement without creating a hardship for the property as there
is sufficient flat area behind the fence without locating the fence on the
slope, and there would be no significant vegetation that would be
required to be removed.
APPROVED by the Danville Planning Commission at a regular meeting on July 9, 2013,
by the following vote:
AYES:
- Haberl, Heusler, Overcashier, Verriere
NOES:
- Combs, Radich
ABSTAIN:
-
ABSENT:
- Bowles, Graham
APPROVED AS TO FORM:
City Attorney Chief of Olan . g
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