HomeMy WebLinkAbout2003-07RESOLUTION NO. 2003-07
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF
DANVILLE DENYING AN APPEAL AND UPHOLDING THE PLANNING
DIVISION'S ADMINISTRATIVE DENIAL OF A PORTION OF THE
VARIANCE REQUEST VAR 2003-02 TO ALLOW CONSTRUCTION OF A
DETACHED GARAGE THAT EXCEEDS THE 15' HEIGHT LIMIT
AT 181 SONORA AVENUE
(APN: 208-034-007 --- NOWAK)
WHEREAS, Peter Nowak requested approval of a Variance application to
construct a 759 +/- square foot detached garage that would exceed the maximum
height limit of 15' by 6'4', resulting in a 21' 4" high structure; and
WHEREAS, the subject site is located at 181 Sonora Avenue and is further
identified as Assessor's Parcel Number 208-034-007; 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 to the applicant an appealable action letter denying the portion of the
application that requests a height variance on January 22, 2003; and
WHEREAS, the applicant filed an appeal of the Town of Danville Plmming
Division's decision to the portion of the Variance application VAR 2003-02 that
requested a height variance on January 30, 2003; and
WHEREAS, a public notice of the March 11, 2003 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
WllEREAS, the Planning Commission did hear and consider all reports,
recommendations, and testimony submitted in writing and presented at the
hearing on March 11, 2003; now, therefore, be it
RESOLVED that the Planning Commission of the Town of Danville denies
Variance request VAR 2003-02, and makes the following findings to deny this
action:
PAGE 1 OF RESOLUTION 2003-07
This variance does constitute a grant of special privilege inconsistent with
the limitations on other properties in the area and the R-20; Single Family
Residential District in which the subject property is located.
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-20; Single Family Residential District in which the subject
property is located.
APPROVED by the Danville Planning Commission at a regular meeting on
March 11, 2003 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Condie, Graham, Legg, Moran, Osborn, Storer, Combs
Jameson
Chairman
APPROVED AS TO FORM:
City Attorney
Chief of P'~~
PAGE 2 OF RESOLUTION 2003-07