HomeMy WebLinkAbout2005-07 EXHIBIT A
RESOLUTION NO. 2005-07
APPROVING FLOOD HAZARD VARIANCE FHV 2005-01 ALLOWING
AN ADDITION AT 1523 GREEN VALLEY ROAD TO BE LOCATED
WITHIN THE 100 YEAR FLOOD PLAIN (ZONE A)
(APN: 196-330-029- KAMINSKI)
WHEREAS, Andrew and Shelley Kaminski have requested approval of a Flood Hazard
Variance (FHV 2005-01) allowing the construction of an addition within the 100 year
flood plain on a 0.40+/-acre site; and
WHEREAS, the subject site is located at 1523 Green Valley Road and is further
identified as Assessor's Parcel Number 196-330-029; and
WHEREAS, the Town of Danville Flood Hazard Ordinance requires approval. of a
Flood Hazard Variance prior to construction within a flood hazard zone; and
WHEREAS, the Planning Commission did review the Flood Hazard Variance request
during a regular meeting on February 22, 2005; and
WHEREAS,the project has been found to be exempt from the California Environmental
Quality Act (CEQA),Section 15301, Class 1; 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 meeting;
now,therefore, be it
RESOLVED that the Planning Commission of the Town of Danville approves Flood
Hazard Variance request per the conditions contained herein, and makes the following
findings in support of this action:
FINDINGS:
1. The applicant has show good and sufficient cause.
Finding: Substantial work has been completed under a permit issued in 1992.
2. Failure to grant the Flood Hazard Variance would result in exceptional hardship
to the applicant due to the cost and inconvenience associated with demolition
and reconstruction of the residence.
Finding: The project is substantially complete. Elevating the project would
cause exceptional hardship.
3. Granting of a Flood Hazard Variance will not result in increased flood heights,
additional threats to public safety or extraordinary public expense; create
nuisances; cause fraud on or victimization of the public; or conflict with existing
local laws or ordinances.
Finan : Standards listed above have been satisfied and the structure is
protected by methods within reason that minimize flood damages during the
base flood and create no additional threats to public safety.
AND BE IT FURTHER RESOLVED that based upon the findings this flood hazard
variance includes the following condition: the existing southerly side-yard fence may
represent a hazard during flooding and shall be repaired or replaced as a condition for
the issuance of the Flood Hazard Variance.
APPROVED by the Danville Planning Commission at a regular meeting on February
22, 2005,by the following vote:
AYES: Condie,Moran, Morgan, Nichols, Osborn, Storer
NOES:
ABSTAIN:
ABSENT: Combs, Graham
Chat man
APPROVED AS TO FORM:
City Attorney Chie Planning
PAGE 2 OF RESOLUTION NUMBER 2005-07