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RESOLUTION NO. 2006-02
APPROVING THE APPEAL BY JEFFERY AND MELODY MOELLER AND
OVERTURNING THE TOWN'S ADMINISTRATIVE DENIAL
OF VARIANCE REQUEST V AR 2005-37 APPROVING A
REQUEST FOR A MAXIMUM 7' 11" HEIGHT FENCE
AT 303 WIND CHIME DRIVE (APN: 206-271-017)
WHEREAS, Jeffery and Melody Moeller (APPLICANT/OWNER/APPELLANT) have
submitted an appeal of the Planning Division's administrative action denying a
Variance request to allow the construction of a proposed 7' 11" maximum high fence,
while the maximum allowable fence height is 6'; and
WHEREAS, the subject site is located at 303 Windchime Drive and is further identified
as Assessor's Parcel Number 206-271-017; and
WHEREAS, the Town of Danville Planned Unit Development District Ordinance
require approval of a Variance prior to the approval of a fence higher than 6' tall; and
WHEREAS, the Planning Commission did review the project at a noticed public
hearing on February 28, 2006; and
WHEREAS, the project has been found to be Categorically Exempt the California
Environmental Quality Act (CEQA); 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
deny the appeal and uphold the Planning Division's administrative denial of Variance
request V AR 2005-37; 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 approves the
appeal overturning the Planning Division's administrative denial, approves Variance
request V AR 2005-37, and makes the following findings in support of this action:
1) The Variance will not result in a grant of special privilege, inconsistent with the
limitations on other properties in the vicinity and the respective land use district
in which the subject property is located because there are other fences that are
higher than six feet high directly across the street along the trail that leads to
Crow Canyon Road and Diablo Vista Park. These homes have similar issues
with privacy related to foot traffic along this trail.
2) The pad elevations of other corner lots in the vicinity are generally either above
or below the elevation of the adjacent sidewalk. For the homes with pad
elevations below the adjacent sidewalk elevation, a standard six foot high fence
provides adequate privacy. For homes with pad elevations above the elevation
of the adjacent sidewalk, a fence higher than the standard six foot high fence
would still not provide significant privacy. Since the subject lot has a pad
elevation roughly equal to the elevation of the adjacent sidewalk, in this specific
case a higher fence will effectively add the desired additional privacy.
3) The proposed Variance does substantially meet the intent and purpose of the P-l;
Planned Unit Development District in which the subject property is located as
the fence will provide for reasonable security, privacy, and the enjoyment of a
single family home.
APPROVED by the Danville Planning Commission at a regular meeting on February
28, 2006, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Graham, Morgan, Moran, Nichols, Osborn, Storer
Condie
Combs
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Chairman
APPROVED AS TO FORM:
Vkw-tS ~
City Attorney
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PAGE 2 OF RESOLUTION NO. 2006-02