HomeMy WebLinkAbout98-51 EXHIBIT A
RESOLUTION NO. 98-51
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF
DANVILLE DENYING AN APPEAL AND DENYING VARIANCE REQUEST
VAR 98-27 ALLOWING THE CONSTRUCTION OF A 186 +/- SQUARE
FOOT ADDITION TO AN EXISTING GARAGE AT 664 DOLPHIN DRIVE
(APN: 196-161-006 --- GERLACH)
WHEREAS, Glenn and Sharon Gerlach have requested approval of a Variance
application to construct a 186 +/- square foot addition to an existing garage which
would encroach 8' 7" into the required 20' front yard setback, resulting in an 11' 5"
setback on a 0.33 +/~ acre site; and
WHEREAS, the subject site is located at 664 Dolphin Drive and is further identified
as Assessor's Parcel Number 196-161-006; and
WHEREAS, the Planning Division reviewed the project and was unable to make the
necessary findings to support the proposed variance request, and therefore sent an
appealable action letter denying the project to the applicant on October 5, 1998; and
WHEREAS, the applicant filed an appeal of the Town of Danville Planning
Division's decision to deny Variance application VAR 98-27 on October 16, 1998;
and
WHEREAS~ a public notice of the December 8, 1998 Planning Commission meeting
was mailed to surrounding property owners within 350 feet of the project site; and
WHEREAS, the Planning Division has prepared a staff report recommending that the
Planning Commission deny the request and uphold the Planning Divisions denial of
the variance application; and
WHEREAS, the Planning Commission did hear and consider all reports,
recommendations, and testimony submitted in writing and presented at the hearing on
December 8, 1998; now, therefore, be it
RESOLVED that the Planning Commission of the Town of Danville denies Variance
request VAR 98-27, and makes the following findings to deny this action:
This variance does constitute a grant of special privilege inconsistent with the
limitations on other properties in the area and the R-15; Single Family
Residential District in which the subject property is located.
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There are no special circumstances applicable to this specific property,
therefore, strict 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 R-15; Single Family Residential District in which the subject property is
located.
APPROVED by the Danvitle Planning Commission at a Regular Meeting on
December 8, 1998 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Combs, Osborn, Moran, Hunt, Jameson, Magliano, Rapp
APPROVED AS TO FORM:
City Attorney
Chief of PI
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