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HomeMy WebLinkAbout112-94RESOLUTION NOo 112-94 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF DANVILLE APPROVING THE APPEAL AND OVERTURNING THE PLANNING COMMISSION'S APPROVAL AND DENYING A TWO LOT MINOR SUBDIVISION REQUEST MS 855-94 -- DAVIDON HOMES (APN: 202-391-001, 002) WHEREAS, [)avidon Homes has requested approval of a Minor Subdivision MS 855-94 to subdivide two existing parcels to create two additional parcels, resulting in a total of four lots on a .71 acre site; and WHEREAS, the subject site is located at the terminus of Merano Street (at 169 and 171 Merano Street) and is further identified as Assessor's Parcel Numbers 202-391-001,002; and WHERF~S, the Town of Danville Subdivision Ordinance requires approval of a Tentative Parcel Map prior to recordation of a Parcel Map; and WHEREAS, the Planning Commission did review and approve the project at a noticed public hearing on August 23, 1994; and WHERF&S, the Planning Commission's approval was subsequently appealed by Merano Street Phase One Homeowner's as specified in their letter dated September 1, 1994; and WHEREAS, the Town Council did review the project at a noticed public hearing on September 20, 1994; and WHEREAS, the public notice of this action was given in all respects as required by law; and WHEREAS, at the Town Council meeting of September 20, 1994, following their receipt of testimony on the appeal, the Council passed a motion to approve the appeal and overturn the Planning Commission's approval; and WHEREAS, the Town Council directed staff to prepare Findings for denial of the Minor Subdivision; now, therefore, be it RESOLVED THAT the Town Council of the Town of Danville approves the appeal filed by Merano Street Phase One Homeowners and overturns the Planning Commission's approval of MS 855-94; and be it further PAGE 1 OF RESOLUTION NO. 112-94 RESOLVED that the Town Council makes the following findings in support of this action: l, The proposed Minor Subdivision will be detrimental to the neighborhood in that it is desirable to have larger lots in this area to act as a transition from the development to the adjacent open space. . The additional smaller lots and housing units will lead to an undesirable change in character to the subject portion of the neighborhood. APPROVED by the Danville Town Council at a Regular Meeting held on Tuesday, September 20, 1994 by the following vote: AYES: NOES: ABSTAINED: ABSENT: Ritchey, Greenberg, Waldo None Shimansky Doyle APPROVED AS TO FORM: adcz32 ATTEST: CITY CLERK PAGE 2 OF RESOLUTION NO. 112-94