HomeMy WebLinkAbout90-13 Ordinance No. 90-13
AN ORDINANCE OF THE TOWN OF DANVILLE APPROVING REZONING OF
PROPERTY FROM P-l; PLANNED UNIT DEVELOPMENT DISTRICT
TO R-20; SINGLE FAMILY RESIDENTIAL DISTRICT AND
AMENDING THE ZONING MAP OF THE TOWN OF DANVII.I]:.
The Town Council of the Town of Danville DOES ORDAIN AS FOLLOWS:
Section 1. Rezoning.
That the 6,432 sq. ft. parcel located approximately 160' northwest of the intersection of
Diablo Road and Serena Lane (Assessor's Parcel #: 196-590-025) described as Parcel A
as shown on the Final Subdivision Map for SD 7196 prepared by Humann Company, Inc.
dated May 1989, is rezoned from P-l; Planned Unit Development District to R-20; Single
family Residential District. Rezoning is based upon the findings and conditions contained
in Attachment A.
Section 2. Zoning Map.
The zoning map of the Town of Danville is amended accordingly.
Section 3. Publication.
The City Clerk shall either a) have this Ordinance published once within 15 days after
adoption in a newspaper of general circulation or b) have a summary of this Ordinance
published twice in a newspaper of general circulation once five days before its adoption
and again with 15 days before its adoption and again within 15 days after adoption.
The foregoing ordinance was introduced at a meeting of the Town Council of Danville
held July 3, 1990 and ordered published at a meeting of the Council held on
July 17 , 1990, by the following vote:
AYES: GREENBERG, LANE, RITCHEY, SCHLENDORF, SHIMANSKY
NOES: NONE
ABSTAIN: NONE
APPROVED AS TO FORM:
PAGE 1 OF ORDINANCE NO. 90-13
ATTACHMENT TO ORDINANCE NO. 90-13
Findings and Conditions of Approval
RZ 90-2 and VAR 90-20
FINDINGS
A. REZONING - Findings of Approval
1. The proposed rezoning from P-l; Planned Unit Development District to a
R-20; Single Family Residential District is consistent with the Danville 2005
General Plan.
2. The proposed rezoning will consititute a residential environment of
sustained desirability and stability and will be in harmony with the character
of the surrounding neighborhood and community.
3. The uses authorized under this rezoning action are compatible with uses
authorized in the adjacent zoning districts.
B. VARIANCE - Findings of Approval
1. The variance to allow the front and side yard setback reductions does not
constitute a grant of special privilege inconsistent with the limitation of other
properties in the vicinity and the R-20; Single Family Residential District.
2. The following special circumstances applicable to the subject property exist
and strict application of the respective zoning regulations are found to
deprive the subject property of rights enjoyed by other properties in the
vicinty.
a. The "historic Osborn House" is an amenity to the community of
Danville. The preservation of the structure generally within it's
original location is a valuable and irreplaceable asset. Conformance
with the respective setbacks would be an unreasonable hardship on
the property owner.
3. The variance substantially meets the intent and purpose of the R-20; Single
Family Residential Zoning District in which the subject property is located
as second dwelling units are allowed in the Single Family Residential Zoning
Districts.
CONDITIONS OF APPROVAL - Variance
A. GENERAL
1. The Rezoning approval authorizes rezoning of a 6,432 sq. ft. parcel
currently containing the historic Osborn House from P-l; Planned Unit
Development District to R-20; Single Fanily Residential District. Concurrent
Variance approval is granted to allow the historic Osborn House to observe
a 20' front yard setback and a 10' side yard setback. The site is currently
identified as Assessor's Parcel Number 196-590-025. The rezoning shall be
substantially as shown on the following project drawings, except as may be
modified by the condition contained herein;
a. Site plan marked Exhibit B to Staff Report dated May 22, 1990.
2. Any future modifications to this site or the historic Osborn House will
require prior review and approval by the Heritage Resource Commission.
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