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HomeMy WebLinkAbout2000-25RESOLUTION NO. 2000-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE DENYING WITHOUT PREJUDICE DEVELOPMENT PLAN REQUEST DP 2000-32 AND VARIANCE REQUEST VAR 2000-23 DENYING AN EXCEPTION TO THE SCENIC HILLSIDE AND MAJOR RIDGELINE AND DENYING THE CONSTRUCTION OF A 4,222+/- SQUARE FOOT ADDITION TO AN EXISTING 8,258 SQUARE FOOT HOME AND DENYING THE ADDITION TO ENCROACH 20 FEET INTO THE MINIMUM REQUIRED 30-FOOT SIDEYARD SETBACK APN: 202 230 005 -- ZUMBO WHEREAS~ Mike and Bonnie Zumbo have requested approval of a Development Plan (DP 2000-32) and Variance request (VAR 2000-23) to allow the construction of a 4,222 +/- square- foot addition on a parcelslocated in a To~vn-identified Major Ridgeline area. In addition, a Variance is requested to encroach 20 feet into the minimum required 30-foot sideyard setback, resulting in a 1 O-foot sideyard setback; and WHEREAS, the subject site is located at 251 Santiago Court and is further identified as Assessor's Parcel Number 202-230~005; and WHEREAS, the Town's Major Ridgeline and Scenic Hillside Ordinance requires approval of a Development Plan application prior to development of the site; and WHEREAS, the Town's Major Ridgeline and Scenic Hillside Ordinance requires approval of an Exception to the Ordinance to allow development within 100 feet of a Major Ridgeline; and WHEREAS, the project has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA); and WHEREAS, the Planning Commission did review the project at a noticed public hearing on November 14, 2000; 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 PAGE I OF RESOLUTION NO. 2000-25 RESOLVED that the Planning Commission of the Town of Danville denies without prejudice Development Plan request DP 2000-32 and Variance request VAR 2000-23: Development Plan The proposed development is not in conformance with the goals and policies of the 2010 General Plan. The proposed siting and architecture of the new residence will not conflict with the intent and purposes of Ordinance 29-84 ("Scenic Hillside and Major Ridgeline Development"), in that development will be achieved with minimal grading and will adversely impact predominate views of a Town-identified Scenic Hillside or Major Ridgeline area. The proposed development is not in conformance with the zoning district in which the property is located since the variance was requested for the sideyard setback. The proposed siting, grading, landscaping and architecture are such that the development will conflict with the purposes of the Scenic Hillside and Major Ridgeline Ordinance due to the mass Of the addition. Variance, The variance does constitute a grant of special privilege inconsistent with the limitations on other properties in the area. DENIED WITHOUT PREJUDICE by the Danville Planning Commission at a Regular Meeting on November 14, 2000 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Combs, Graham, Jameson, Osborn Moran Hunt, Rapp Chairman APPROVED AS TO FORM: City Attorney ~7 Chief of f:XplanningXapplications~PXDp99-14X PC Staff Repo~.doc PAGE 2 OF RESOLUTION NO. 2000-25