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HomeMy WebLinkAbout016-89 RESOLUTION NO. 16-89 A Resolution of the Danville Town Council Approving a request to relocate the Osborn House WHEREAS, Redwood Group (Applicants) and Shalom Eliahu (Owner) have requested approval to relocate the Osborn House, a structure recommended for designation as a heritage resource, to another location within the parcel where it currently exists at 928 Diablo Road; and WHEREAS, the project proponents concurrently submitted requests for approval of Rezoning and Tentative Map applications (PUD 89-1 and SD 7196) providing for development of Planned Unit Development containing seven residential parcels; and WHEREAS, on January 21, 1988 Ordinance 128 was adopted to place an emergency moratorium on issuance of permits relating to designated historic structures. WHEREAS, the Heritage Resources Commission did review the project as an advisory body and recommended conditional approval to the Town Council on January 26, 1989; and WHEREAS, pursuant to State environmental regulations, a draft Notice of Exemption was prepared for the project. WHEREAS, the Town Council did hear and consider all reports and information presented during the hearing regarding the project; and; NOW THEREFORE, BE IT RESOLVED THAT THE DANVILLE TOWN COUNCIL HEREBY CONDITIONALLY APPROVES THE RELOCATION OF THE OSBORN HOUSE TO A NEW BUILDING SITE CONTAINED ON ASSESSORS PARCEL 196-300-017 SUBJECT TO THE CONDITIONS OF APPROVAL CONTAINED HEREIN ANDMAKES THE FOLLOWING FINDINGS IN SUPPORT OF THIS ACTION: 1) The applicant is requesting approval to relocate the structure to provide for its continued use as a single family residence; and 2) The proposal to continue residential use of the structure is consistent with the general plan and conforms to the regulations of the Zoning ordinance; and 3) The applicant will proceed diligently and expeditiously with the relocation and restoration of the structure. Therefore, the proposed relocation of the Osborn House is consistent with Section 4. Exceptions of Ordinance No. 128 subject to the following conditions of approval: BE IT FURTHER RESOLVED THAT THE DANVILLE TOWN COUNCIL APPROVES RELOCATION OF THE OSBORN HOUSE SUBJECT TO THE FOLLOWING CONDITIONS: 1. Relocation of the structure shall be substantially as shown on Revised Tentative Map 7196 dated received by the Planning Department on January 19, 1989, except as modified by the following conditions. 2. All building permits must be secured the unit relocated and restoration complete prior to recordation of a final map on proposed Subdivision 7196. 3. The structure is subject to restoration consistent with the Secretary of Interior's Standards for Historic Preservation Projects and the California State Historic Building Code. 4. Unless subsequently approved by a Land Use Permit authorizing a second dwelling unit, the Osborn House shall be utilized as accessory living space for the primary residence. The two single story non-historic additions, containing the kitchen and laundry room on the north elevation, shall be removed as part of the units restoration. Exterior modifications to the unit made in conjunction with the removal of the non-historic additions shall be subject to review and approval by the Historic Resource Commission. Any additional modifications/additions proposed shall also require Historic Resource Commission review and approval. As part of this review the Heritage Resource Commission shall also review the precise location of the unit. To facilitate the review of the units location, the developer shall provide a preliminary footprint of the primary residence on this lot. 5. Prior to issuance of building permits for the primary residence on Lot 6, the site plan, elevations, and landscape plans for that unit shall be subject to review and approval by the Heritage Resource Commission and the Design Review Board to assure compatibility with the historic structure. WHEREAS, at the above-noted hearing the Town Council considered a draft form of the Land Conservation Contract; NOW, THEREFORE, BE IT RESOLVED THAT pursuant to the rezoning of the above-referenced property, the Town Council of the Town of Danville authorizes entering into an agreement with Armand Borel as set forth in the Land Conservation Contract attached hereto and incorporated herein by this reference and authorizes the Mayor to execute same on behalf of the Town of Danville. Said contract is to take effect upon the effective date of the ordinance rezoning the subject property to the A-4; Agricultural Preserve District. PASSED, APPROVED AND ADOPTED this 6th day of February, 1989 by the following vote: AYES: GREENBERG, JAGGER, LANE, RITCHEY, SCHLENDORF NOES: NONE ABSENT: NONE ABSTAIN: NONE MAYOR ATTEST A~/~VED AS TO FORM artm2