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HomeMy WebLinkAbout163-91RESOLUTION NO. 163-91 APPROVING A MILLS ACT CONTRACT WITH H & O PARTNERS LTD., THE OWNER OF THE 'EDDY HOUSE' CURRENTLY LOCATED AT 302 SOUTH HARTZ AVENUE AND TO BE READDRESSED TO 500 HARTZ AVENUE (APN: 208-022-005) WHEREAS, Doug Oftenhartz (General Parmer) has requested approval of a Mills Act Contract for the "Eddy House" on a 5,000 square foot parcel; and WHEREAS, the subject site is currently located at 302 South Hartz Avenue (to be readdressed to 500 Hartz Avenue), and is identified as Assessor's Parcel Number 208-022- 005; and WHEREAS, the Mills Act was established by the State of California as an incentive for property owners to preserve historic properties by means of reducing property taxes; and WHEREAS, the DanvEle Tc.v;'k~ C. oz~nai' aTC;::vTed a Mills Act Contract format on January 15, 1991; and WHERFAS, the Town of Danville Town Council approved the Heritage Resource designation and Incentive Package for the Eddy House on July 16, 1991; and WHEREAS, the approved Incentive Package included the owner's participation in a Mills Act contract to reduce property taxes; and WHEREAS, the Heritage Resource Commission (Resolution No. HR-91-4) recommended that Town Council approve a Mills Act contract for the "Eddy House" on August 5, 1991; and WHEREAS, the public notice of this action was given in all respects as required by law; and WHEREAS, a staff report was submitted to Town Council recommending that the Mills Act contract be approved; and WHEREAS, the Town Council did hear and consider all reports, recommendations and testimony submitted in writing and presented at the hearing; now, therefore be it RESOLVED, that the Town Council of the Town of Danville approves the Mills Act contract (Attachment A) and hereby finds that; 1. That the "Eddy House" was constructed in approximately 1894. Page I of Resolution 163-91 . That the "Eddy House"'N representative of a particular arc~'~.ctural style, namely Victorian "Stick". 3. That the "Eddy House" is representative of the evolution of downtown Danville. . That the "Eddy House" is associated with persons who have made a meaningful contribution to the community as the Eddy family was one of the original pioneering families in the San Ramon Valley area and owned the subject structure from 1903- 1946. , That the "Eddy House" is a visual feature in downtown Danville and is located at a prominent corner (South Hartz Avenue and Church Street), located at the approximate center of Danville. . That the applicant is requesting approval to relocate and restore the "Eddy House" to provide for its continued use as a commercial structure. . The proposal to continue the commercial use of the House is consistent with the General Plan and conforms to the Downtown Business District Ordinance (Ord. 135). . The applicant will proceed diligently and expeditiously with the restoration of the "Eddy House". . The negligible minor fiscal impact resulting from a reduction of property taxes collected by the Town is outweighed by the public benefit of preserving the "Eddy House"; and be it FURTHER RESOLVED, that the Town Council hereby authorizes the Town Manager to make amendments to the Mills Act contract with H & O Ventures, Ltd. in the form as lodged with the City Attorney, together with such changes as may hereafter become necessary, provided such changes do not materially increase the obligations of the Town thereunder. APPROVED by the Danville Town Council at a Regular Meeting held on September 3, 1991, by the following vote: AYES: Greenberg, Lane, Ritchey, NOES: None ABSTAINED: None ABSENT: Schlendorf Shimansky Mayor APPROVED AS TO FORM: ATTEST: //City Attorney adpz17 City Clerk Page 2 of Resolution 163-91