HomeMy WebLinkAbout135-95RESOLUTION NO. 135-95
APPROVING THE APPEAL OF THE PLANNING COMMISSION'S DENIAL OF
VARIANCE REQUEST VAR 94-26 AND APPROVING THE VARIANCE REQUEST TO
ALLOW CONSTRUCTION OF A FENCE/TRELLIS STRUCTURE WITH VARIANCES
TO FRONT AND STREET SIDE YARD SETBACK REQUIREMENTS AT
200 SCOTTS MILL COURT
(APN: 207-330-025)
WHERF~S, Karol Enferadi has requested approval of a variance to construct a six foot
high fence with eight foot high trellis elements to be constructed seven foot nine
inches from the front property line and two feet from the street side yard property line
on a 4,900+/- square foot site where minimum required setbacks are 20 and 15 feet,
respectively; and
WHEREAS, the subject site is located on the northeast corner of Scotts Mill Court and
Scotts Mill Road, at 200 Scotts Mill Court and is further identified as Assessor's Parcel
Number 207-330-025; and
WHEREAS, the Town of Danville P-l; Planned Unit Development District requires
approval of a variance to construct a fence within front and street side yard setback
requirements; and
WHEREAS, notice was mailed to property owners within 300 feet of the subject
property stating that the Town intended to conditionally approve the Variance request
administratively unless an appeal of the decision was received by the Town within a
specified period of time; and
WHEREAS, on September 7, 1994 Steven Nelson appealed the administrative action
pertaining to the fence variance request; and
WHEREAS, the Planning Commission did review the project at a noticed public
hearing on July 11, 1995; and
WHEREAS, the Planning Commission granted the appeal of the administrative approval
of the variance and denied variance request VAR 94-26 without prejudice for
construction of a fence/trellis structure with variances to front and street side yard
setback requirements; and
WHEREAS, on July 21, 1995 Karol Enferadi, the applicant, appealed the Planning
Commission decision to grant the Nelson appeal and to deny the variance request
without prejudice; and
PAGE I RESOLUTION NO. 135-95
WHEREAS, the Town Council did review the Enferadi appeal of the Planning
Commission's action at a noticed public hearing on September 19, 1995; and
WHEREAS, the public notice of this action was given in all respects as required by law;
and
WHEREAS, a staff report was submitted recommending that the Town Council gram
the Enferadi appeal and approve the Variance request; 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 hereby approves the
Enferadi appeal and approves Variance VAR 94-26, making the following findings in
support of this action:
This variance does not constitute a grant of special privilege inconsistent with
the limitations on other properties in the area and the P-l; Planned Unit
Development District in which the subject property is located as approval of the
variance is necessary to provide the subject property with a reasonably sized,
private, enclosed yard area comparable to that enjoyed by surrounding
properties.
,
Because of the following special circumstances applicable to this specific
property, strict application of the applicable zoning regulations would deprive
the subject property of rights enjoyed by others in the general vicinity and/or
located in the same zoning district:
a.
The subject residence is a zero lot-line attached single family residence.
The amount of private yard area is currently limited to a small patio off
the master bedroom. Due to the configuration of the lot and placement
of the structure, there is very little private yard area. Furthermore, the
existing private yard area is not accessible to the main living area of the
unit. To enjoy a reasonably sized private yard area, new fencing must
encroach into required front and street side yard setback areas.
.
This variance is in substantial conformance with the intent and purpose of the
P-l; Planned Unit Development District in which the subject property is located
since the variance allows for reasonable expansion of the private yard area for
the subject single family residence.
PAGE 2 RESOLUTION NO. 135-95
CONDITIONS OF APPROVAL
lo
Except as may be modified by the conditions contained herein, development
authorized by this permit shall be substantially as shown on the plans labeled
"Site Plan for 200 Scotts Mill Court", as prepared by Karol Enferadi, dated
received by the Planning Division on August 2, 1994.
,
The applicant shall extend the existing white lattice fence located on the
property line between the subject property and property located at 491 Scotts
Mill Road. The design, materials and color of the fence extension shall be
consistent with the existing fence°
.
No landscaping shall be established, or maintained, which will exceed 2.5 feet in
height in the area between the new fence and the existing public sidewalk.
o
The applicant shall pay any and all building permit fees that the property may
be subject to as a result of the proposed development. These fees shall be
based on the current fee schedules in effect at the time the building permit is
secured (Note: Construction of the proposed trellises are subject to the building
plan check and permit process).
.
A landscape plan shall be submitted for review and approval by the Planning
Division prior to construction of the fence. All landscaping on the exterior of
the fence shall be installed within two months of installation of the fence.
.
Prior to installation of the fence, the applicant shall document that all necessary
approvals have been secured from the neighborhood Homeowners Association.
APPROVED by the Danville Town Council at a Regular Meeting held on Tuesday,
September 19, 1995, by the following vote:
AYES: Greenberg, Ritchey,
NOES: Doyle
ABSTAINED: None
ABSENT: None
Shimansky, Waldo
MAYOR
APPROVED AS TO FORM:
ATTEST:
CITY ATTORNEY
ACTING CITY CLERK
adpz35
PAGE 3 RESOLUTION NO. 135-95