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HomeMy WebLinkAbout95-06 EXHIBIT A RESOLUTION NO. 95-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE DENYING AN APPEAL AND APPROVING VARIANCE REQUEST VAR 94-07 -- GARDEN CREEK PLACE WHEREAS, Garden Creek Homeowner's Association has requested approval of a variance request to allow the construction of a six foot wood fence, to be located along the south side of E1 Cerro Blvd. and along Danville Blvd. on the south side of the intersection of Danville Blvd. and E1 Cerro Blvd., to encroach a maximum of 13 feet into the required 20 foot sideyard setback, resulting in a minimum 7 foot setback. In addition, the applicant is requesting variance approval for the existing wood fence located along the north side of El Cerro Blvd. and along Danville Blvd. north of El Cerro Blvd. The existing fence encroaches a maximum of 12 feet into the required 20 foot setback, resulting in a minimum 8 foot setback; and WHEREAS, the subject site is located on the northeast and southeast corners of E1 Cerro Blvd. and Danville Blvd. and is identified as the (;arden Creek Place Multiple Family Development; and WHEREAS, the Town sent notice to surrounding property owners on February 6, 1995, of the Town's intent to administratively approve the variance request subject to conditions; and WHEREAS, on February 17, 1995 the Town received and appeal of that decision by Peter G. Frederickson, a resident of Garden Creek Place; and WHEREAS, the Town of Danville Multiple Family Zoning Ordinance allows for variances froin specific development standards upon the making of specific findings; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on March 28, 1995; 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 WHEREAS, the Planning Commission did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; PAGE I OF RESOLUTION NO. 95-06 The new fence along Danville Blvd., south of El Cerro Blvd., shall be limited to the area directly in front of the car port area to screen the view into the carport area from Danville Blvd. The fence shall not have any locking gates. In compliance with the Town's Ordinance regarding Sight Obstructions at Intersections, no structure greater than 2.5 feet in height shall be allowed within the site distance triangle, as defined within chapter 82-18 of the Town's Zoning Ordinance, at the intersection of the entry into the parking lot on the south side of El Cerro Blvd., and El Cerro Blvd. 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. 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. APPROVED by the Danville Planning Commission at a Regular Meeting on March 28, 1995 by the following vote: AYES: NOES: ABSENT: ABSTAINED: Bowlby, Jameson, Murphy, Osborn Arnerich, Hunt, Moran APPROVED ~S TO FORM: Oity Attorney pdcz74 ' Chi~f~ng PAGE 3 OF RESOLUTION NO. 95-06