HomeMy WebLinkAbout93-03 EXHIBIT A
RESOLUTION NO. 93-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF
DANVILLE DENYING A VARIANCE TO ALLOW MORE THAN 25% OF THE
GROUND FLOOR AREA OF 370-374 HARTZ AVENUE TO BE
UTILIZED FOR PERSONAL SERVICES
WHEREAS, Simon Leou has requested approval of a variance for allowing more than 25%
of the ground floor area to be utilized for personal service uses in order to establish a
nail salon; and
WHEREAS, the subject site is located at 370-374 Hartz Avenue and is identified as
Assessor's Parcel Number 208-010-014; and
WHERF~S, the Town of Danville DBD; Downtown Business District Ordinance requires
personal service uses to be limited to 25% of the ground floor area in Area 1 - Old Town;
and
WHEREAS, Simon Leou's variance request constitutes 73% of the ground floor area
dedicated to personal service uses; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing
on January 26, 1993; 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;
NOW, THEREFORE, BE IT RESOLVED THAT the Planning Commission of the Town of
Danville denies VAR 93-01 and makes the following findings in support of the denial:
The proposed project is not consistent with the Danville 2005 General Plan and the
Downtown Master Plan.
This variance would constitute a grant of special privilege inconsistent with the
limitations on other properties in the area and in DBD; Area 1 - Old Town in
which the subject property is located.
No special circumstances are applicable to this specific property, and strict
PAGE 1 RESOLUTION NO. 93-03
application of the applicable zoning regulations would not deprive the subject
property of rights enjoyed by others in the general vicinity and/or located in the
same zoning district.
This variance is not in substantial conformance with the intent and purpose of the
Downtown Business District in which the subject property is located since the
variance aggravates an existing situation where the existing personal service use in
the building already constitutes 44% of the ground floor area and exceeds the
Downtown Business District Ordinance.
APPROVED by the Danville Planning Commission at a Regular Meeting on January 26,
1993 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
Bowlby, Jameson, Murphy, Osborn, Vilhauer, Arnerich
Hunt
Chai~~
APPROVED AS TO FORM:
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pcmzl0
PAGE 2 RESOLUTION NO. 93-03