HomeMy WebLinkAbout93-14 EXHIBIT A
RESOLUTION NO. 93-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE
DENYING THE APPEAL AND APPROVING VARIANCE
REQUEST VAR 92-39
WHEREAS, Richard and Cheryl Benventano have requested approval of a Variance request
to allow the existence of a previously constructed deck and trellis encroaching
approximately 3'8" into the required 5' sideyard setback and approximately 3'2" into the
required 5' rearyard setback; and
WHEREAS, the subject site is located at 145 Glasgow Circle and is identified as Assessor's
Parcel Number 202-302-008; and
WHEREAS, the Town of Danville Single Family Zoning Ordinance allows for variance
from zoning restrictions upon sufficient findings; and
WHERF~S, on January 4, 1993, Town of Danville Planning staff mailed notice to
surrounding property owners of the intent to administratively approve the variance
request subject to Conditions of Approval; and
WHEREAS, on January 8, 1993, the Town of Danville received a letter appealing the
administrative action from the adjacent property owner Mr. Edward W. Jessen; and
WHEREAS, on February 8, 1993, Town of Danville Planning staff mailed notice to
surrounding property owners of the intent to administratively approve the variance
request subject to modified Conditions of Approval; and
WHEREAS, on February 16, 1993, the Town of Danville received a letter from the
appellant requesting to continue the appeal of the administrative Variance approval; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing
on March 23, 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 deny
the appeal and approve the Variance request; and
PAGE 1 OF RESOLUTION NO. 93-14
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 the appeal of the administrative approval and approves of Variance
request VAR 92-93 per the conditions contained herein, and makes the following findings
in support of the Variance approval:
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.
The spa itself has a 52" setback from the side property line, resulting in only
an 8" encroachment. The 8" encroachment does not result in a significant
additional impact on surrounding properties for activities associated with
the use of the spa.
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As conditioned, the encroachment of the deck will not create a significantly
greater impact than a conforming deck.
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The encroachment into rearyard setback does not have an adverse impact
on surrounding properties as the property to the rear is private open space.
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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 reasonable enjoyment of a single family residence.
CONDITIONS OF APPROVAL
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Except as may be modified by the conditions contained herein, development
authorized by this permit shall be substantially as shown on the plans labeled 'WAR
92-39", dated received by the Planning Division on November 5, 1992.
Prior to issuance of a building permit, the applicant shall submit written
documentation that the requirements of the San Ramon Valley Fire Protection
District and San Ramon Valley Unified School District have been met.
The applicant shall pay any and all City 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 schedules in effect at the time the building permit is
secured.
PAGE 2 OF RESOLUTION NO. 93-14
Within one week of the effective date of this permit, the applicant shall submit a
check in the amount of $25.00 payable to the Contra Costa County Clerk, to cover
costs associated with the filing of the Categorical Exemption with the County.
Within 45 days of the effective date this permit, the applicant shall remove the
portion of the trellis which encroaches to within 5' of the sideyard setback.
Permanently attached planter boxes shall be places on the portion of the deck
between the hot tub and the properties west property line. The planter boxes shall
be planted and the plants shall be maintained in a healthy growing manner. The
planter boxes and plants shall be installed within 45 days of the effective date of
this approval. A plan for this construction shall be submitted for review and
approval by the Planning Division prior to installation. Alternatively, at the option
of the applicant, the portion of the deck between the hot tub and the sideyard
fence may be entirely removed.
APPROVED by the Danville Planning Commission at a Regular Meeting on March 23,
1993, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
Bowlby, Hunt, Jameson, Murphy, Osborn, Vilhauer, Arnerich
APPROVED AS TO FORM:
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PAGE 3 OF RESOLUTION NO. 93-14