HomeMy WebLinkAbout91-01RESOLUTION NO. 91-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE
APPROVING LAND USE PERMIT REQUEST LUP 90-22 AND VARIANCE
REQUEST VAR 91-07 AUTHORIZING CONVERSION TO A
SECOND DWELLING UNIT AND ENCROACHMENT
INTO THE SIDEYARD SETBACK
WHEREAS, Attila & Loretta Cziglenyi have requested apProval of a Land Use Permit
request for a second dwelling unit and a Variance request to allow the construction of an
enclosed stairway to encroach four feet into the required tWenty foot minimum sideyard
setback on a 1.66 acre site; and
WHEREAS, the subject site is located at 7 Shelby Hill Lane and is identified as
Assessor's Parcel Number 197-140-044; and
WHEREAS, the Town of Danville R-65; Single-Family Residential District Ordinance
requires approval of a Land Use Permit prior to construction of a second dwelling unit
and Variance approval to encroach into the required sideyard setbacks; and
WHEREAS, the project has been found to be Categorically Exempt from the
requirements of the California Environmental Quality Act Section 15303, Class 3(e); and
WHEREAS, the Planning Commission did review the project at a noticed public
hearing on February 5, 1991; and
WHE~AS, the proper notice of this request was given in all respects as required
by law; and
WHE~, a staff report was submitted recommending that the 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 Land Use Permit request LUP 90-22 per the conditions contained
herein, and makes the following Findings in support of the Land Use Permit:
1. The proposed land use is consistent with the Danville 2005 General Plan.
2. The land use will not be detrimental to the health, safety, and general welfare of
PAGE NO. 1 OF RESOLUTION 91-01
the Town.
The proposed land use 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 approval of a Land Use Permit.
The land use will not adversely affect the preservation of property values and the
protectiOn of the tax base within the Town.
0
The land use will not create a nuisance and/or enforcement problem within the
neighborhood.
The land use will not encourage marginal development in the neighborhood as this
unit is compatible in quality and design with the primary residence.
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the Planning Commission
of the Town of Danville approves the Variance request 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-65; Single-Family Residential
District in which the subject property is located.
a0
Because of the steep slopes on the site, the proposed uphill location of the
staircase is the only feasible location for construction of the stairway.
°
This variance is in substantial conformance with the intent and purpose of the R-
65; Single-Family Residential District in which the subject property is located since
the variance will allow for a private entrance to the proposed second dwelling unit.
CONDITIONS OF APPROVAL
(Note: * Indicates standardized Conditions of Approval)
A. General
Development shall be substantially as shown on the project drawings on file
with the Planning Division, labeled "Exhibit A" dated received November 8,
1990, except as may be modified by the following conditions.
The applicant shall pay any and all Town 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
PAGE NO. 2 OF RESOLUTION 91-01
De
building permit is secured. Double fees for the building permit will be
assessed for work already done.
Prior to issuance of a building permit, the applicant shall submit written
documentation that the requirements of the San Ramon Valley Fire
Protection District, as specified in their letter of December 13, 1990, have
been or will be met.
Complete plans and T-24 energy calculations shall be submitted at the time
of application for a building permit. A building permit shall be obtained for
this structure.
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 enclosed staircase to be constructed on the projects south elevation
shall be completed using similar materials, architectural style, and colors as
the existing structure. The stairway shall be inclosed, subject to Planning
Division review prior to issuance of building permits.
o
All ducts, meters, air conditioning and/or any other mechanical equipment
whether on the structure or on the ground shall be effectively screened
from view with landscaping or materials architecturally compatible with the
main structure.
The street number of the new second unit shall be poSted so as to be easily
seen from the street at all times, day and night.
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.
PAGE NO. 3 OF RESOLUTION 91-01
E. Miscellaneous
The property owner shall occupy either the principle or the secondary
residential unit. If neither unit is owner-occupied, then the use of the
property shall be reverted to a single-family occupancy. The owner shall
record a deed restriction through the County Recorder's office setting forth
this occupancy requirement prior to issuance of a building permit.
APPROVED by the Danville Planning Commission at a Regular Meeting on February 12,
1991 by the following vote:
AYES:
ABSENT:
NOES:
ABSTAINED:
Arnerich, Hughes, Murphy, Osborn, Vilhauer, Hunt
Wright
, C-~i~firmdn'
Cliief of Plan~
APPROVED AS TO FORM:
City Attorney
pdczl3
PAGE NO. 4 OF RESOLUTION 91-O1
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