Loading...
HomeMy WebLinkAbout93-20 EXHIBIT A RESOLUTION NO. 93-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING LAND USE PERMIT AND VARIANCE REQUEST (LUP 93-04 & VAR 93- 10) FOR THE CONVERSION OF AN EXISTING DETACHED GARAGE INTO A 624+ SQUARE FOOT SECOND UNIT WHEREAS, Martin Koob has requested approval to convert 624 +/- square foot detached garage into a Second Unit on a 9,375 +/- square foot site currently developed with an existing single family residence and detached garage; and WHERF~S, the subject site is located on the north side of Camino Tassajara, at 1341 Camino Tassajara and is identified as Assessor's Parcel Number 202-121-002; and WHEREAS, the Town of Danville R-10; Single Family Residential District Ordinance requires approval of a Land Use Permit to allow the establishment of a Second [)welling unit within a single family zoning district with a variance to side and rear yard setback requirements; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on May 25, 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 approves the Land Use Permit and Variance per the conditions contained herein, and makes the following findings in support of the Land Use Permit and Variance: LAND USE PERMIT: The proposed use will not be detrimental to the to the health, safety, and general welfare of the Town. The proposed use will not adversely affect the orderly development of property within the Town. PAGE I OF RESOLUTION NO. 93-20 The proposed use will not adversely affect the preservation of property values and the protection of the tax base within the Town. The proposed use will not adversely affect the policy and goals as set by the General Plan. The proposed use will not create a nuisance and~or enforcement problem within the neighborhood or community. The proposed use will not encourage marginal development within the neighborhood. VARIANCE: The proposed use does not constitute a grant of special privilege inconsistent with the limitations on other properties in the area and the R-10; Single Family Residential District in which the subject property is located. When the structure was originally constructed approximately 30 years ago (prior to current zoning codes) three foot side and rear yard setbacks were permitted for accessory structures in the rear half of a parcel. 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: a0 The structure is existing and conversion to a second living unit will have less impact than constructing a new Second Living Unit that is consistent with R-lO setback requirements. b0 The structure was originally constructed approximately 30 years ago when applicable, zoning codes permitted construction of an accessory structure three feet from side and rear property lines. CONDITIONS OF APPROVAL Unless otherwise specified, the following Conditions shall be complied with prior issuance of building permits for the project. Each item is subject to review and approval by the Planning Division unless otherwise specified. , PAGE 2 OF RESOLUTION NO. 93-20 A. GENERAL This approval is for conversion of an existing 624 +/- square foot detached garage located in the rear yard of an existing residence into a 624 +/- square foot second unit at 1341 Camino Tassajara identified as APN: 202-121-002. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; "Koob/Nelson Mother Second Unit" dated received by the Planning Division on May 24, 1993. The applicant shall secure proper building permits for the second unit. All work shall be completed to the satisfaction of the Planning and Building Divisions prior to issuance of an occupancy permit. All construction involving the conversion of the former garage into a Second Living Unit shall conform with current building codes subject to the review and approval of the Building Division. The property owner shall occupy either the principal or the secondary residential unit. If neither unit is owner occupied, then the use of the property shall be converted to 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. Prior to issuance of building permits, final working drawings of the exterior are subject to the review and approval of Planning staff. All building materials of the second unit shall match the existing residence, including: stucco texture and color; roof material; and window frames. All paint colors shall match the existing residence. All stucco repair and painting to the Second Unit shall be completed prior to occupancy of the structure. An encroachment permit shall be secured with the Danville Engineering Division prior to issuance of building permits under the following conditiOns: The applicant shall execute written acknowledgement of encroachment of the subject structure into the storm drain easement, together with a waiver of liability for future damages to the subject structure due to failure of the storm drain. PAGE 3 OF RESOLUTION NO. 93-20 The existing westerly side yard and rear yard fences shall be replaced with a six foot high redwood fence prior to occupancy of the Second Unit, subject to review and approval of the Planning Division. The applicant shall diligently pursue a fence height variance to allow the replacement of the existing fence with a height of approximately seven feet. Off-street parking for the Second Unit shall be provided on the existing easterly driveway. The applicant shall meet all requirements of San Ramon Valley Fire Protection District as specified in their April 8, 1993 letter. 10. The applicant shall meet all requirements of the Central Contra Costa Sanitary District as specified in their April 8, 1993 letter. APPROVED by the Danville Planning Commission at a Regular Meeting on May 25, 1993 by the following vote: AYES: NOES: ABSENT: ABSTAINED: Bowlby, Hunt, Jameson, Osborn, VIlhauer, Arnerich Murphy Chair pdpz39 Chief of P PAGE 4 OF RESOLUTION NO. 93-20