HomeMy WebLinkAbout90-54RESOLUTION NO. 90-54
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVII.I.E
APPROVING VARIANCE REQUEST VAR 90-32 ALLOWING THE
EXISTENCE OF A 10 FOOT CYCLONE TENNIS
FENCE WHICH ENCROACHES 3 FEET
2 INCHES INTO THE REQUIRED
REARYARD SETBACK
WHEREAS, Lisa Untalan has requested approval of a variance request to allow the
existence of a ten foot cyclone tennis fence which encroaches 3 feet 2 inches into the
required minimum 5 foot rearyard setback; and
WHEREAS, the subject site is located at 45 Glenhill Ct. and is identified as
Assessor's Parcel Number 207-540-005; and
WHE~, the Town of Danville P-l; Planned Unit Development District Ordinance
requires approval of a Variance to allow development within the required property line
setbacks; and
WHEREAS, the Planning Commission did review the project at a noticed public
hearing on October 9, 1990; and
WHE~, 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 the variance request VAR 90-32 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 P-l; Planned Unit Development
District in which the subject property is located.
a0
The layout of the existing tennis fence and it's relationship to surrounding
properties does not result in a significantly greater impact to surrounding
properties than that of a conforming fence.
PAGE I OF RESOLUTION 90-54
This 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 variance allows for the reasonable enjoyment of a single family residence and
the functionality of an existing tennis court.
CONDITIONS:
The existing tennis fence shall be maintained in it's present condition and green
color to help it blend-in to the surrounding environment.
A lighting plan shall be provided and lighting shall be installed in such a way that
the light source is not visible to surrounding properties. Use of the sport court
and it's lighting shall be governed by the Town's Noise Ordinance.
Within 45 days of the approval date for this permit, the applicant shall submit
drainage plans to the Town of Danville for the interception of runoff water from
the tennis court. These plans shall insure that no additional water shall run-off
onto surrounding properties. The drainage improvements shall be installed within
90 days from the approval date of this permit.
A landscape plan for the area between the 10 foot fence and the adjacent
properties, which includes evergreen type trees, vines and/or shrubs that will gain
10-12 feet in height within approximately I year, planted at sufficient intervals to
effectively screen the sport court fence and associated lighting from surrounding
properties, shall be submitted for review and approval by the Planning Division.
All landscaping shall be maintained in a healthy growing condition.
o
During any time during the effectiveness of this approval, the approval shall be
revocable for cause in accordance with section 26-2.2022 of the Danville Zoning
Ordinance, including failure to comply with these conditions.
PAGE 2 OF RESOLUTION 90-54
APPROVED by the Danville Planning Commission at a Regular Meeting on October 9, 1990
by the following vote:
AYES:
NOES: Hendricks
ABSTAINED:
ABSENT: Wright, Hunt
Vilhauer, Hughes, Hirsch, Frost
Chairman
PDCZ9
PAGE 3 OF RESOLUTION 90-54
