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EXHIBIT A
RESOLUTION NO. 54-93
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF DANVILLE
DENYING THE APPEAL OF THE PLANNING COMMISSION
MARCH 23, 1993 DENIAL OF REZONING (RZ 92-02) AND MINOR
SUBDIVISION (MS 859-92) REQUESTS
(APN: 200-020-028)
WHEREAS, [)avid Rassai has requested approval of a Rezoning and Minor Subdivision
request to rezone the property from R-65; Single Family Residential District to R-40; Single
Family Residential and to subdivide the property to create one additional building site, on
an existing 3.27 +/- acre site; and
WHEREAS, the subject site is located on the northeast corner of E1 Rio and Toyon
Terrace, at 100 Rassai Ct., and is identified as Assessor's Parcel Numbers 200-020-028 &
031; and
WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a Minor
Subdivision application - Parcel Map prior to the recordation of the map and the creation
of a new parcel; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing
on March 23, 1993; and
WHEREAS, a Negative Declaration of Environmental Significance was prepared for the
project indicating that no significant impacts would be expected to be associated with the
project; and
WHERFAS, the public notice of this action was given in all respects as required by law;
and
WHERFAS, a staff report was submitted recommending that 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; and
WHEREAS, the Planning Commission did adopt Resolution No. 93-06 denying the
Rezoning and Minor Subdivision request based on concerns related to the projects
inconsistency with surrounding zoning and the possible precedent setting nature of the
project; and
WHEREAS, subsequent to the Planning Commission denial of the request the applicant
submitted a letter appealing the Planning Commission decision to the Town Council; and
PAGE 1 OF RESOLUTION NO. 54-93
WHEREAS, public notice ot ,his action was given in all respects aa required by law; and
WHEREAS, a staff report was submitted recommending the Town Council deny the appeal
upholding the Planning Commission's action; and
WHEREAS, the Town Council did hear and consider all reports, recommendations, and
testimony submitted in writing and presented at the hearing; and now, therefore, be it
RESOLVED that the Town Council of the Town of Danville denies the appeal pertaining
to Rezoning request (RZ 859-92), and makes the following finding in support of the
Planning Commission's denial on March 23, 1993:
.
The proposed rezoning to allow one acre parcel sizes is not compatible with
surrounding zoning districts which require larger parcels sizes and are comprised
of predominantly larger parcels.
now, therefore, be it further
RESOLVED that the Town Council of the Town of Danville denies the appeal pertaining
to Minor Subdivision request MS 859-92, and makes the following findings in support of
the Planning Commission denial on March 23, 1993:
.
The design of the proposed subdivision is not in conformance with the applicable
zoning regulations as the proposed Rezoning is denied concurrently.
.
The previously graded fiat pad on the property is not sufficient justification for
approval of a subdivision and the development of a single family residence on the
lot.
DENIED by the Danville Town Council at a Regular Meeting held on Tuesday, May 18,
1993, by the following vote:
AYES: Greenberg, Ritchey, Lane
NOES: Shimansky
ABSTAINED: None
ABSENT: Doyle
4
APPROVED AS TO FC}%
ATTEST:
CITY CLERK
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