HomeMy WebLinkAbout90-33EXHIBIT A
RESOLUTION NO. 90-33
A RESOLUTION OF THE PLANNING COMMISION OF THE TOWN OF DANVILLE
RECOMMENDING THE DANVILLE TOWN COUNCIL APPROVE RZ 90-2 AND VAR 90-20
REZONING A PARCEL AT 15 SERENA LANE FROM P-I; PLANNED UNIT DEVELOPMENT
DISTRICT TO R-20; SINGLE FAMILY RESIDENTIAL DISTRICT
WHEREAS, the Town of Danville has initiated a rezoning study (RZ 90-.2) to
consider rezoning a parcel from the P-l; Planned Unit Development District to R-20;
Single Family Residential District involving a 6,432 sq. ft. site to establish a zoning
designation that is consistent with property boundaries; and
WHEREAS, to rezone the :subject site to the R-20 District, a
concurrent Variance application (VAR 90-22) was necessary for resultant front yard and
sideyard setback variances from the R-20 District standards; and
WHEREAS, the subject site is located on the north side of Diablo Road at 15 Serena
Lane and is identified as Assessor's Parcel Number 196-590-025; and
WHERF~S, the Planning Commission did review the project at a noticed public
hearing on May 22, 1990; and
WHEREAS, the proper notice of this request was given in all respects as required
by law; and
WHEREAS, a staff report was submitted recommending that Planning Commission
recommend Town Council approval; 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 recommends the Town Council approve the Rezoning and Variance requests
per the conditions contained herein, and makes the following findings in support .of the
Rezoning 90-2 and VAR 90-22 requests;
A. REZONING - Findings of.Approval
The proposed rezoning from P-l; Planned Unit Development District to a
R-20; Single Family' Residential District is consistent with the Danville 2005
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General Plan.
Bo
The proposed rezoning will consifitute a residential environment of
sustained desirability and stability and will be in harmony with the character
of the surrounding neighborhood and community.
The uses authorized under this rezoning action are compatible with uses
authorized in the adjacent zoning districts.
VARIANCE - Findings of Approval
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 viicinity and the R-20; Single Family Residential District.
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.
The "historic Osborn House" is an amenity to the community of
Danville. ~Ilae 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.
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
A. GENERAL
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
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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.
Any future modifications to this site or the historic Osborn House will
require prior review and approval by the Heritage Resource Commission.
APPROVED by the Danville Planning Commission at a Regular Meeting on May 22, 1990
by the following vote:
AYES:
Vilhauer, Hughes, Hendricks, Wright, Hunt, Hirsch
NOES:
ABSTAINED:
ABSENT: Frost
~~NING
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