HomeMy WebLinkAbout2004-04RESOLUTION NO. 2004-04
DENY THE APPEAL AND UPHOLD THE TOWN OF DANVILLE'S
ADMINISTRATIVE DECISION APPROVING VARIANCE REQUEST VAR 2004-04
ALLOWING THE CONSTRUCTION OF A GARAGE ADDITION THAT
ENCROACHES 15' INTO THE REQUIRED MINIMUM 20' WEST SIDE YARD
SETBACK, RESULTING IN A 5' SIDE YARD SETBACK TO AN EXISTING
ACCESS EASEMENT, AND A 15' SETBACK FROM THE WEST PROPERTY LINE.
THE GARAGE WOULD ALSO ENCROACH 18' INTO THE REQUIRED MINIMUM
25' FRONT YARD SETBACK, AS MEASURED FROM THE EXISTING ACCESS
EASEMENT ALONG SKY TERRACE.
(APN: 208-110-007 ' SANTANGELO GARAGE ADDITION)
WHEREAS, Sal and Cori Santangelo requested approval of a Variance request allowing
the construction of a garage addition that encroaches 15' into the required minimum 20'
west side yard setback, resulting in a 5' side yard setback to an existing access easement
and a 15' setback from the west property line. The garage would also encroach 18' into the
required minimum 25' front yard setback, as measured from the existing access easement
along Sky Terrace; and
WHEREAS, an Appealable Action letter was mailed approving the variance request on
July 8, 2003. The variance was rescinded by the Town of Danville on February 2, 2004, and
an Appealable Action Letter was resent to surrounding property owners, approving VAR
2004-04 on February 14, 2004 unless an appeal was filed; and
WHEREAS, the Sky Terrace Homeowners Association submitted an appeal of VAR 2004-
04 on February 6, 2004, requesting denial of the Variance be denied based on the reasons
listed in the letter of appeal; and
WHEREAS, the subject site is located at 8 Sky Terrace and is further identified as
Assessor's Parcel Number 208-110-007; and
WHEREAS, the Town of Danville Single Family Residential District Ordinance require
approval of a Variance prior to the allowing of an encroachment into the side and front
yard setbacks; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
February 24, 2004; and
WHEREAS, the project has been found to be Categorically Exempt from the requirements
of the California Environmental Quality Act (CEQA, Section 15301); 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 the 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
RESOLVED that the Planning Commission of the Town of Danville denies the appeal and
upholds the Town of Danville's administrative decision to approve Variance request VAR
2004-04 request per the conditions contained herein, and makes the following findings in
support of this action:
Variance
This variance request does not constitute a grant of special privilege inconsistent
with the limitations on other properties in the area and the R-65; Single Family
Residential District in which the subject property is located.
o
Because of the following special circumstances applicable to this specific property,
strict application of the applicable zoning regulations would deprive the subject
property of rights enjoyed by others in the general vicinity and/or located in the
same zoning district:
ao
Given the placement of the existing residence on this parcel, the existing
access easements around the west, north and south property lines, the
presence and location of the existing pool, and the presence of many areas of
steep slopes, a large otherwise developable portion of the property is
encumbered. As a result, there is no reasonable alternative for the proposed
addition to this residence.
Due to the substandard narrow width of the subject parcel in relationship to
other properties in this zoning district, development potential on the parcel is
limited. The applicable minimum setbacks disproportionately limit the area
available for development. Granting of this variance would allow for
reasonable development of the parcel.
o
This variance request is in substantial conformance with the intent and purpose of
the R-65; Single Family Residential District in which the subject property is located.
PAGE 2 OF RESOLUTION NO. 2004-04
CONDITIONS OF APPROVAL
Except as may be modified by the conditions contained herein, development
authorized by this permit shall be substantially as shown on the plans prepared by
William Wood Architects, dated received by the Planning Division on June 16, 2004.
2. Prior to issuance of a building permit, the applicant shall:
ao
Submit written documentation that the requirements of the San Ramon Valley
Fire Protection District and San Ramon Valley Unified School District have been
met; and
Reimburse the Town for notifying surrounding property owners of the proposed
variance. The notification fee to be paid is paid is $26.25 (35 notices X $0.75 per
notice); and
Co
Pay any and all Town 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.
o
Prior to construction, the applicant shall obtain all necessary building permits from
the Town of Danville Building Division. All plans for residential additions must be
stamped approved by the Central Contra Costa Sanitary District prior to submittal
for Building Permit approval.
°
The architecture, color and building materials shall match the existing residence or
the ultimate design of the project remodel.
PAGE 3 OF RESOLUTION NO. 2004-04
APPROVED by the Danville Planning Commission at a regular meeting on February 24,
2004 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED AS TO FORM:
City Attorney
Chief of
PAGE 4 OF RESOLUTION NO. 2004-04