HomeMy WebLinkAbout141-95RESOLUTION NO. 141-95
DENYING THE APPEAL OF THE PLANNING COMMISSION'S JULY 11, 1995
DECISION TO DENY WITHOUT PREJUDICE VARIANCE REQUEST VAR 94-26, A
REQUEST TO CONSTRUCT A FENCE/TRELLIS STRUCTURE WITHIN
REQUIRED MINIMUM PRIMARY AND SECONDARY FRONT YARD SETBACKS
FOR A CORNER LOT IDENTIFIED AS 200 SCOTTS MII,L COURT - ENFERADI
APPLICANT/OWNER (APN: 207-330-025)
WHEREAS, 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 feet 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 primary and secondary front yard setbacks are 20 and 15
feet, respectively; and
WHEREAS, the subject site is located on the northeast comer 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/trellis structure within the required minimum
primary and secondary front yard setbacks; 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
WltEREAS, on September 7, 1994 Steven Nelson appealed the administrative action
pertaining to the fence/trellis structure variance request; and
WHEREAS, the Planning Commission of the Town of Danville did review the project at a
noticed public hearing on July 11, 1995; and
WltEREAS, the Planning Commission granted the appeal of the administrative approval of
the variance and denied variance request VAR 94-26 without prejudice; and
PAGE 1 RESOLUTION NO. 141-95
WHEREAS, on July 21, 1995, Karol Enferadi, the applicant, appealed the Planning
Commission's decision to grant the Nelson appeal and to deny the variance request without
prejudice; and
WHEREAS, the Town Council of the Town of Danville did review the Enferadi appeal of
the Planning Commission's action at a noticed public hearing on September 19, 1995; and
WHEREAS, the Town Council, after conducting a public hearing to consider the appeal,
closed the public heating, denied the appeal on a 4-1 vote, and directed staff to return at the
Council's October 3, 1995 meeting with a resolution formalizing the findings for denial; 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, the Town Council of the Town of Danville hereby reaffirms its denial of
appeal of the Planning Commission's July 11, 1995, decision to deny without prejudice
Variance request VAR 94-26; and, be it
FURTHER RESOLVED, that this action, in effect, reaffirms the Planning Commission's
action denying Variance request VAR 94-26 without prejudice; and, be it
FURTHER RESOLVED, that the Town Council accepts the following written findings as
being reflective of their rationale for this action:
o
This variance request for the fence/trellis structure is inconsistent with the limitations
of other properties in the area and would constitute a grant of special privilege in the
P-l; Planned Unit Development District in which the subject property is located.
.
The requested variance to front yard setback requirements is inconsistent with
standards observed by existing fencing improvements in the surrounding
neighborhood.
o
The proposed fence/trellis structure is too massive and bulky for the subject site
considering its size and location at the intersection of Scotts Mill Road and Scotts Mill
Court.
.
The proposed location and height of the fence/trellis structure may create a traffic
safety problem at the intersection of Scotts Mill Road and Scotts Mill Court.
PAGE 2 RESOLUTION NO. 141-95
.
The applicant should explore alternative fence/trellis structure designs that are more
compatible with the character of the neighborhood and reduce the potential for
possible traffic safety problems.
and, be it
FURTHER RESOLVED, that the Town Council hereby grants a waiver of application fees
to Karol Enferadi if reapplication for an alternate fence/trellis structure design/location is
submitted within six months of this action.
APPROVED by the Danville Town Council at a Regular Meeting held on Tuesday, October
3 1995, by the following vote:
AYES: Greenberg,
NOES: Doyle
ABSTAINED: None
ABSENT: None
Ritchey,
Shimansky, Waldo
MAYOR
APPROVED AS TO FORM:
ATTEST:
CITY ATTORNEY
adpz36.asr
ACTING CITY CLERK
PAGE 3 RESOLUTION NO. 141-95