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HomeMy WebLinkAbout90-53RESOLUTION NO. 90-53 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING LAND USE PERMIT LUP 90-13 AND VARIANCE REQUEST VAR 90-34 ALLOWING THE CONSTRUCTION OF A 882+ SQUARE FOOT SECOND UNIT ADDITION, ABOVE AN EXISTING GARAGE, TO ENCROACH 8 FEET INTO THE REQUIRED 20 FOOT SIDEYARD SETBACK WHEREAS, Dennis & Eileen Farnden have requested approval of a Land Use Permit and an associated Variance for a 882+ square foot second dwelling unit to be built along the same line as the existing home which already encroaches 8 feet into the required 20 foot minimum sideyard setback; and WHEREAS the subject site is located at 742 Danville Blvd. and is identified as Assessor's Parcel Number 200-100-010; and WHEREAS the Town of Danville R-20; Residential Single Family District Ordinance requires approval of a Land Use Permit for a second dwelling unit; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on September 25, 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 approve the 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 Planning Commission of the Town of Danville approves Land Use Permit LUP 90-13 per the conditions contained herein, and makes the following findings in support of the proposed use: 1. The proposed project is consistent with the Danville 2005 General Plan. The Land Use Permit will not be detrimental to the health, safety and general welfare of the Town. PAGE ! OF RESOLUTION 90-53 The Land Use Permit will not adversely affect the orderly development of property within the Town as Town Ordinance 24-83 allows the construction of a second dwelling unit on a single parcel subject to a land use permit. The Land Use Permit will not adversely affect the preservation of property values and the protection of the tax base within the Town. The land use will not create a nuisance and\or enforcement problem within the neighborhood. The Land Use Permit will not encourage marginal development in the neighborhood as this unit is compatible in quality and design with the primary residence on the site. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the Planning Commission of the Town of Danville approves the Variance request VAR 90-34 per the conditions contained herein and makes the following findings in support of the Variance: This variance does not constitute a grant of special privilege inconsistent with the limitations on other properties in the area and the R-20; Residential Single Family Zoning District in which the subject property is located. Because of the following special circumstances applicable to this specific property, strict application of the applicable zoning regulations would deprive the subject property of rights enjoyed by others in the general vicinity and/or located in the same zoning district: no Because of the layout of the existing residence, originally constructed under less restrictive County standards, already encroaching 8 feet into the required sideyard setback, in order to insure logical development and an addition which is architecturally compatible with the existing structure, the variance to allow the second unit addition to match the existing structure is warranted. This variance is in substantial conformance with the intent and purpose of the R- 20; Single family Residential District in which the subject property is located since the variance allows for the reasonable expansion and enjoyment of the residence and the construction of a second unit in conformance with the Town Ordinance. CONDITIONS: A. General 1. Development shall be substantially as shown on the project drawings on file PAGE 2 OF RESOLUTION 90-53 Be De Eo with the Town, prepared by Lambert P. Wille, dated received by the Planning Division on August 7, 1990, except as may be modified by conditions contained herein. o Prior to issuance of a building permit, the applicant shall submit written documentation that the requirements of the San Ramon Valley Fire Protection District have been met, as specified in their letter of 8/28/90. Construction and grading activity shall be limited to weekdays during the hours from 7:30 a.m. to 5:30 p.m., unless otherwise approved in writing by the City Engineer. The applicant shall pay any and all City and other related fees that the property may be subject to as a result of the proposed development. These fees shall be based on the current fee schedule(s) in effect at the time the building permit is secured for the proposed residential addition. Prior to construction of the proposed second unit, a building permit shall be obtained from the Town of Danville Building Division. Site Planning All lighting shall be installed in such a manner that glare is directed away from surrounding properties and right-of-ways. Architecture The exterior building materials and colors shall match or be compatible or be compatible (as determined by the Planning Division) with the existing residence. Any change involving exterior colors or materials will require review and approval by the Planning Department. Infrastructure Roof drains shall empty onto paved areas, concrete swales, a pipe, or other approved dissipating devices. o Concentrated drainage flows shall not be permitted to cross sidewalks or driveways. Miscdlaneous The property owner shall occupy either the principle or the secondary residential unit. If neither unit is owner-occupied, then the use of the PAGE 3 OF RESOLUTION 90-53 property shall be reverted to a single family occupancy. The owner shall record a deed restriction setting forth this occupancy requirement prior to issuance of a building permit. APPROVED by the Danville Planning Commission at a Regular Meeting on September 25, 1990 by the following vote: AYES: NOES: ABSTAINED: ABSENT: Vilhauer, Hughes, Frost, Wright, Hunt Hirsch, Hendricks C_HAIRMAN CHI OF PLANNIN APPROVED AS TO FORM ATTORNEY pdcz8 PAGE 4 OF RESOLUTION 90-53