HomeMy WebLinkAbout95-20RESOLUTION NO. 95-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE
GRANTING THE APPEAL OF AN ADMINISTRATIVE APPROVAL AND DENYING
VARIANCE REQUEST VAR 94-26 WITHOUT PREJUDICE FOR CONSTRUCTION OF
A FENCE/TRELLIS STRUCTURE WITH VARIANCES TO FRONT AND STREET SIDE
YARD SETBACK REQUIREMENTS AT 200 SCOTTS MILL COURT
(APN: 207-330-025)
WHEREAS, Karol Enferadi has requested approval of a variance to construct a six foot
high fence with eight foot high trellis elements to be constructed seven foot nine
inches from the front property line and two feet from the street side yard property line
on a 4,900+/- square foot site where minimum required setbacks are 20 and 15 feet,
respectively; and
WHEREAS, the subject site is located on the northeast corner of Scotts Mill Court and
Scotts Mill Road, at 200 Scotts Mill Court and is further identified as Assessor's Parcel
Number 207-330-025; and
WHEREAS, the Town of Danville P-l; Planned Unit Development District requires
approval of a variance to construct a fence within front and street side yard setback
requirements; and
WHEREAS, notice was mailed to property owners within 300 feet of the subject
property stating that the Town intended to conditionally approve the Variance request
administratively unless an appeal of the decision was received by the Town within a
specified period of time; and
WHEREAS, on September 7, 1994 Steven Nelson appealed the administrative action
pertaining to the fence variance request; and
WHEREAS, the Planning Commission did review the project at a noticed public
hearing on July 11, 1995; and
WHERFJtS, after indicating an intent to grant the appeal and deny the Variance VAR 94-
26 without prejudice, the Planning Commission directed staff to prepare findings for
denial for later consideration and action by the Planning Commission; and
WHERF~S, public notice of this action was given in all respects as required by law
now, therefore, be it
RESOLVED, that the Planning Commission hereby grants the appeal and denies
Variance request VAR 94-26 without prejudice (with a waiver of application fees if the
application is resubmitted within six months), and makes the following findings in
support of this action:
PAGE NO. 1 RESOLUTION 95-20
This variance request is inconsistent with the limitations on other properties in
the area and would constitute a grant of special privilege in the P-l; Planned
Unit Development District in which the subject property is located.
The requested variance to front yard setback requirements is inconsistent with
existing fencing improvements in the surrounding neighborhood.
The proposed location and height of the fence may create a traffic safety
problem at the intersection of Scotts Mill Court and Scotts Mill Road.
APPROVED by the Danville Planning Commission at a Regular Meeting on July 26,
1995 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
Arnerich, Jameson, McEvilly, Moran, Murphy, Osborn
Hunt
Chairma~
APPROVED AS TO FORM:
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PAGE NO. 2 RESOLUTION 95-20