HomeMy WebLinkAbout024-89 RESOLUTION NO. 24-89
A Resolution of the Danville Town Council
Denying Minor Subdivision Request MS 854-88
and Variance request VAR 88-19
WHEREAS, Jerry Stadtler (Applicant) and Frank & Edward Hom
(Owners) have requested approval of a Minor Subdivision to
resubdivide Parcel C of MS 85-68 (zoned R-20; Single Family
Residential District) into two parcels, proposed respectively at
20,030 ± net square feet and 22,350 ± net square feet; and
WHEREAS, the project proponents concurrently submitted a
Variance request to allow deviation from the minimum average lot
width standards set forth in the R-20 District (116' and 104'
proposed-120' minimum average lot width required); and
WHEREAS, the State of California Subdivision Map Act and the
adopted Town of Danville Subdivision Regulations require that no
real property may be divided into two or more parcels or lots for
purposes of sale, lease or financing unless a Tentative Map is
acted upon a Final Map is approved consistent with the Subdivision
Map Act, and the Town of Danville Subdivision Regulations; and
WHEREAS, the Planning Commission did review the project at two
public hearings, beginning with a noticed public hearing on October
20, 1988, and concluding with a public hearing on November 14,
1988; and
WHEREAS, proper notice of this request was given in all
respects as required by law; and
WHEREAS, pursuant to State environmental regulations, a Draft
Negative Declaration of Environmental Significance was prepared for
the projects; and
WHEREAS, the Planning Commission did hear and consider all
reports, and public testimony and information and presented during
the public hearing regarding the projects; and
WHEREAS, the Planning Commission identified concerns for
development of the site related to compatibility with surrounding
neighborhood, potential impact of additional traffic on San Andreas
Drive, and non-conforming lot depth dimensions.
WHEREAS, the Planning Commission made findings in support of
denial of MS 854-88 and VAR 88-19 on November 14, 1988.
WHEREAS, Jerry Stadtler (Applicant) and Frank & Edward Hom
(Owners) appealed the decision of the Planning Commission on
November 30, 1988.
WHEREAS, proper notice of this request was given in all
respects as required by law; and
WHEREAS, the Town Council did hear and consider all reports,
and public testimony and information presented during the public
hearing on February 23, 1989 regarding the projects; and
WHEREAS, the Town Council upheld the decision of the Planning
Commission.
NOW, THEREFORE, BE IT RESOLVED THAT THE TOWN COUNCIL OF THE TOWN
OF DANVILLE HEREBY DENIES MS 854-88 AND VAR 88-19 AND MAKES THE
FOLLOWING FINDINGS IN SUPPORT OF THIS ACTION:
1) That San Andreas Drive was originally designed as an 18
foot width roadway to serve four parcels. This proposed
subdivision would increase the traffic along the private
roadway and could potentially overburden the roadway.
2) That Policy 1.12 (page 25 and 1.13 (page 26) of the
Danville 2005 General Plan protects existing residential
areas from intrusion of incompatible uses and promotes
land use compatibility. The rural character of San
Andreas Drive would be compromised by the introduction
of 20,000 square feet lots. Parcels of this size would
be inconsistent with the size and orientation of the
surrounding neighborhood which contains 1+ acre parcels
where the keeping of livestock is allowed and rural
influences are encouraged.
3) That Goal 3 of the General plan (page 28) requires that
new developments be integrated visually and functionally
in a manner compatible with the physical character and
desired image of the Community.
4) That the request for lot width reduction can not be
supported as this is a flat rectangular parcel with no
special circumstances to support findings for the
granting of a variance.
Therefore, the proposed tentative subdivision is inconsistent with
the intent of the general plan and zoning ordinance.
PASSED AND ADOPTED THIS 23rd day of February ,
1989 by the following vote:
AYES: GREENBERG, JAGGER, LANE, RITCHEY, SCHLENDORF
NOES: NONE
ABSENT: NONE
ABSTAINED: NONE
MAYOR
ATTEST:
Approved as tq,Form:
./
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