HomeMy WebLinkAbout90-32iRESOLUTION NO. 90-32
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE
APPROVING VARIANCE REQUEST 90-23 FOR A REDUCTION IN THE
REQUIRED SIDEYARD SETBACK FOR A RESIDENTIAL ADDITION
WHEREAS, Jon Bronsteiin has requested approval of a Variance request for a
sideyard setback reduction from 10' to 6'4" to construct a 210 square foot garage addition
and patio cover on a 8,925 square foot site; and
WHEREAS, the subject site is located at 311 Century Circle and is identified as
Assessor's Parcel Number 218-471-004; and
WHEREAS, the Town of Danville P-l; Planned Unit Development District Ordinance
requires approval of a variance: to encroach into the required sideyard setback; and
WHEREAS, Staff issued an Administrative Action denying this request on April 16,
1990; and
WHEREAS, the applicant filed an appeal to the Administrative Action on April 26,
1990; and
WHEREAS, the Planning Commission did review the project at a noticed public
hearing on May 8, 1990 and May 22, 1990; and
WHEREAS, the proper notice of this request was given in all respects as required
by law; and
WHE~, a staff report was submitted on May 22, 1990 recommending that
Planning Commission conditionally approve the request; and
WHEREAS, the Plannintg 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 approves Variance request VAR 90-20 per the conditions contained herein, and
makes the following findings in support of the Variance request:
1. The proposed variance does not constitute a grant of special privilege inconsistent
with the limitation on other properties in the area and the P-l; Planned Unit
Development District in which the subject property is located. Similar variance
requests have been granted to residential properties in the immediate area.
Because of special circumstances applicable to the subject property because of size,
shape, topography, location and surroundings, strict application of P-l; Planned
Unit Development District regulations would deprive the subject property of rights
enjoyed by other properties in the vicinity and within the identical land use district.
Residences within the area and the specific zoning district contain three car
garages. The orientation of the site and the existing shallow eave projection does
not provide adequate shade to the west elevation.
This proposed variance is in substantial conformance with the intent and purpose
of the P-l; Planned Unit Development District in which the subject property is
located since the proposed variance allows for reasonable expansion of a single
family residence.
CONDITIONS OF APPROVAL
Except as may be modified by the conditions contained herein, the development
shall be substantially as shown on the project drawings on file with the Planning
Division prepared by Stoddard Design, consisting of four sheets, and dated
received by the Planning Department on April 6, 1990.
Prior to issuance of a building permit for the proposed addition, the applicant shall
submit a landscape plan for review and approval by the Planning Department. The
landscape plan shall specifically address the front yard and the west property
boundary where the encroachment is proposed. A planting screen shall be
provided along the west property line to visually mitigate the addition.
The existing front yard fence on the west elevation shall be relocated approximately
8' in a northerly direction. This relocation shall be depicted on the building
permit submittal.
The air conditioning condenser shall be relocated away from the western property
boundary as depicted on the project drawings. The relocation is subject to review
and approval by the Planning Department prior to building permit issuance.
32
PAGE 2 OF RESOLUTION NO. 90-
PASSED, APPROVED AND ADOPTED THIS 22nd day of May, 1990 by the following vote:
AYES:
NOES:
ABSTENTION:
ABSENT: Frost
Vilahuer, Hughes, Hendricks, Wright, Hunt, Hirsch
APPROVED AS TO FORM:
~:~ ~t~ Attorney
ppmm53
32
PAGE 3 OF RESOLUTION NO. 90-