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HomeMy WebLinkAbout2006-13 RESOLUTION NO. 2006-13 DENYING WITHOUT PREJUDICE DEVELOPMENT PLAN REQUEST DP 2005-06 RELATED TO AN APPLICATION TO BUILD A 7,142 +j- SQUARE FOOT HOME WITHIN A TOWN-IDENTIFIED MAJOR RIDGELINE AREA (APN: 206-170-010 - Skyvilla, LLC WHEREAS, SKYVILLA, LLC (Applicantj Owner) has requested approval of a Development Plan application to construct a 7,124 + j - square foot residence within a Town-identified Major Ridgeline area on a 10+ j - acre site; and WHEREAS, the applicant is requesting an exception to the Town's Major Ridgeline and Scenic Hillside Ordinance to allow development of the residence within 100 vertical feet of a Major Ridgeline; and WHEREAS, the subject site is located at 1621 Lawrence Road and is further identified as Assessor's Parcel Number 206-170-010; and WHEREAS, the Town of Danville Major Ridgeline and Scenic Hillside Ordinance requires approval of a Development Plan prior to the development of a residence within a Major Ridgeline area; and WHEREAS, the .Planning Commission did review the project at a noticed public hearing on June 27, 2005; and WHEREAS, a Mitigated Negative Declaration of Environmental Significance has been prepared for the project indicating that, as mitigated through recommended conditions of approval, no significant negative environmental impacts are expected to be associated with this project; 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 without prejudice Development Plan request DP 2005-06, and makes the following findings in support of this action: FINDINGS 1. The proposed siting and architecture of the new residence will conflict with the intent and purposes of Section 32-69.1.b.7. ("Scenic Hillside and Major Ridgeline Development"), in that the proposed development is too large for the receiving pad area, resulting in the loss of the scenic view of the Major Ridgeline and the loss of the sense of identity and image that this area now imparts to the Town and its environs. 2. The proposed development is not in conformance with the goals and policies of the 2010 General Plan in that Policy 2.02 requires the preservation of the Town's visual qualities and the identity of its neighborhoods by restricting development on visible ridges and hillsides. While the Town acknowledges the owners right to build on this existing parcel consistent with Town regulations, the size of the residence (7,142 + / - square feet with an additional 1,200 + / - square feet of garage area) is too large for the receiving pad area. As a result, the residence would be built to the edge of, and over in some cases, the pad area, extending down the slope. A smaller home, more centralized on the pad, would reduce site lines to the residence from below, therefore substantially reducing the visibility of the residence. 3. The proposed siting, grading, landscaping and architecture are such that the development will conflict with the purposes set forth in subsection 32-69.1.b.1. in that, because of the large size of the home as it relates to the receiving pad area the development would not affectively preserve significant features of the Major Ridgeline area in essentially its natural state as part of a comprehensive open space system. be it further RESOLVED that the Planning Commission of the Town of Danville encourages the applicant to re-apply for a Development Plan application which addresses the above concerns for further consideration. PAGE 2 OF RESOLUTION NO. 2006-05 APPROVED by the Danville Planning Commission at a regular meeting on June 27, 2006 by the following vote: AYES: NOES: ABSTAIN: ABSENT: /#L- Chairman APPROVED AS TO FORM: ~11~ City Attorney 7 Cfi:l.gr- PAGE 3 OF RESOLUTION NO. 2006-05