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HomeMy WebLinkAbout91-38RESOLUTION NO. 91-38 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE DENYING LUP 91-19 DANVILLE MOTORS WHERF~S, Jim Peterson of Danville Motors has requested approval of a Land Use Permit for outdoor storage/display/sale of automobiles on a .11 acre site; and WHEREAS, the subject site is located at 151 E. prospect and the Danville Motors sales office is located at 137 #D E. Prospect and the parcel is identified as Assessor's Parcel Number 208-022-042 & 017; and WHEREAS, the Town of Danville Downtown Business District Ordinance requires approval of a Land Use Permit for outdoor storage/display/sale of merchandise in Area 1; and WHEREAS, the Town of Danville Downtown Business District Ordinance does not allow auto sales in Area 1; and WHEREAS, in November 1990, Mr. Peterson applied for a Zoning Compliance Certificate for an auto sales office at 137 #D E. Prospect and was approved; and WHEREAS, the Zoning Compliance Certificate specified that the office was a point-of-sale office and that storage of vehicles for sale was not permitted on-site; and WHEREAS, on April 29, 1991 the Town of Danville notified Mr. Peterson in writing that he was in violation of the Zoning Compliance Certificate by storing for sale vehicles on- site; and WHEREAS, on June 14, 1991 Mr. Peterson applied for a Land Use Permit to store/display/sell automobiles at 137 #D and 151 E. Prospect; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on August 13, 1991; and WHEREAS, the public notice of this action was given in all respects as required by law; and WHEREAS, a staff report was submitted recommending that Planning Commission deny the request; and WHE~AS, the Planning Commission did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; PAGE 1 OF RESOLUTION 91-38 NOW, THEREFORE, BE IT RESOLVED THAT the Planning Commission of the Town of Danville deny the request for a Land Use Permit and makes the following findings in support of the denial: 1. The proposed project is inconsistent with the Danville 2005 General Plan. 0 o o The proposed project is inconsistent with the goals and policies of the Downtown Master Plan. The proposed project is inconsistent with the goals and policies of the Downtown Business District Ordinance. Establishment of this use at this location would be precedent setting. The proposed land use will be detrimental to the to the health, safety, and general welfare of the Town. The proposed land use will adversely affect the orderly development of property within the Town. The land use will adversely affect the preservation of property values and the protection of the tax base within the Town. The land use will create a nuisance and\or enforcement problem within the neighborhood or community. The land use will encourage marginal development within the neighborhood. APPROVED by the Danville Planning Commission at a Regular Meeting on August 13, 1991 by the following vote: AYES: Arnerich, Hughes, Hunt, Murphy, Osborn, Wright NOES: AB STAI NED: Vi Ih au er C h Chief of Planning pcmcmll APPROVED AS TO FORM: C~ty Attorney PAGE 2 OF RESOLUTION 91-38