HomeMy WebLinkAbout92-32 EXHIBIT A
RESOLUTION NO. 92-52
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE
APPROVING LAND USE PERMIT REQUEST LUP 92-07 AND VAR 92-16 P,!.I,OWING
THE ADDITION OF AN 'APPROXIMATELY 640 SQUARE FOOT SECOND
DWELLING UNIT (APN: 202-020-008)
WHERFAS, John Scouten has requested approval of a Land Use Permit request to allow
the addition of an approximately 640 square foot secondary dwelling unit; and
WHEREAS, the applicant has concurrently requested a variance to locate the secondary
dwelling 15 feet from the front property line where a 20 foot setback is required; and
WHERF~S, the subject site is located at 6 Willowmere Rd., and is identified as Assessor's
Parcel Number 202-020-008;. and
WHEREAS, the Town of Danville Second Units Ordinance (Ord No. 24-83) requires
approval of a Land Use Permit to allow the establishment of a second dwelling unit within
a single family zoning district; and
WHEREAS, the planning Commission did review the project at a noticed public hearing
on July 28, 1992; 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
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;
PAGE 1 OF RESOLUTION NO. 92-32
NOW, TI-IEREFORE, BE IT RESOLVED TIiAT the Planning Commission of the Town of
Danville approves the Land Use Permit (LUP 92-07) and Variance (VAR 92-16) request per
the conditions contained herein, and makes the following findings in support of the
Variance and Land Use Permit:
Variance Findings:
This variance does 'not constitute a grant of special privilege inconsistent with the
limitations on other properties in the area and the R-15 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:
a. The existing garage structure is not located parallel to Willowmere Drive
b. It is desirable to maintain the architectural continuity of the garage and
the secondary unit.
c. There are no improvements (curb, gUtter, sidewalk) on the street and
there is adequate setback from the pavement so that the proposed
addition will not create a significant impact.
This varianCe'is in substantial conformance with the intent and purpose of the R-15
Single Family DiStrict 'in 'which the subject property is located since the varianCe
allow~ for reasonable expansion of an existing su'ucture.
Land Use Permit Findings:
The proposed land use'will not be detrimental to the to the health, safety, and
general welfare of the Town.
The land use will not adversely affect the orderly development of property within
the Town.
PAGE 2 OF RESOLUTION NO. 92-32
The land use will not adversely affect the preservation of property values and the
protection of the tax base within the Town.
The land use will not adversely affect the policy and gOals as set by the General
Plan.
The land use will not create a nuisance and\or enforcement problem within the
neighborhood or community.
6. The land use will not encourage marginal development within the neighborhood.
'CONDITIONS OF APPROVAL
Development shall be substantially as shown on the project drawings on file with
the Planning Division 'labeled "Exhibit D", dated received May 26, 1992, except as
may be modified by the following conditions. The attached site plan illustrating the
circular driveway is the .approved site plan for the project.
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 building permit is
secured.
Prior to the 'issuance of a building permit, the applicant shall submit written
documentation that all requirements of the San Rarnon Valley Fire Protection
District have been or will be met.
If a separate mailing address is' used, 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.
The property owner shall occupy either the principal or the secondary residential
unit. If neither unit is owner occupied, than the use of the property shall be
converted 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 the issuance of a building permit for the project.
PAGE 3 OF RESOLUTION. NO. 92-32
The applicant shall obtain an encroachment permit from the Engineering Division
prior to any.work in the public right of way.
APPROVED by the Danville Plarfning COmmission at a RegUlar Meeting on July 28, 1992,
by the following vote:
AYES: Hunt, Murphy, Osborn,
NOES: -
ABSENT: Arnerich'
ABSTAINED: -
Vilhauer, Wright, Hughes
APPROVED AS TO FORM:'
~(ty Attorney
Pgpzl3
PAGE 4 OF RESOLUTION NO. 92-32