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HomeMy WebLinkAbout041-97RESOLUTION NO. 41-97 AUTHORIZING THE MODIFICATION OF THE LOCATION OF SCENIC EASEMENTS PREVIOUSLY DEDICATED TO THE TOWN OF DANVILLE ON A SITE LOCATED NEAR THE TERMINUS OF HIGHLAND DRIVE (APN: 208-130-034 -- LOO) WHEREAS, Stephen and Connie Loo have requested approval of a modification to the location of previously dedicated scenic easement on a 3.52 +/- acre site located within a Town-identified Scenic Hillside area; and WHEREAS, the subject site is located near the terminus of Highland Drive, on the north side'. of Highland Drive, just before the entry into the San Damiano Retreat area; and WHEREAS, the site is also identified as Parcel C of Minor Subdivision MS 853-91, and is identified as Assessor's Parcel Number 208-130-034; and WHEREAS, the Planning Commission of the Town of Danville did review and approve a Scenic Hillside Development Plan allowing the construction of a 4,900 +/- square foot home and accessory structures on the parcel; and WHERF. AS, a condition of approval of the Planning Commission's approval requires that the applicant obtain from the Town Council approval to modify the scenic easements to accommodate the proposed development; and WHERF~S, the Town Council did review the project at a noticed public hearing on March 18, 1997; and WHERF~S, 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 approve the 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 Danville Town Council approves the modification of the previously dedicated scenic easements and makes the following findings in support of this action: 1. The proposed location of the scenic easements is consistent with the intent of the original Minor Subdivision since the modified location of the scenic easements will limit development to a small portion of the parcel. 2. The proposed location of the scenic easements is consistent with the intent of the original Minor Subdivision since the modified location of the scenic easements will limit the potential for future subdivision of the parcel. 3. The proposed location of the scenic easements is consistent with the intent of the Town's Scenic Hillside and Major Ridgeline Development Ordinance. 4. The proposed location of the scenic easements is in conformance with the goals and policies of the General Plan. 5. The proposed location of the scenic easements is in conformance with the zoning district in which the property is located. APPROVED by the Danville Town Council at a Regular Meeting held on March 18, 1997 by the following vote: AYES: Doyle, Waldo, Arnerich, Greenberg, Shimansky NOES: None ABSTAIN: None % ~ ~ /f',, ABSENT: None \~ '.;'i , ~:"~?~' , MAYOR ' A APPROVED AS TO FORM: ATTEST: f7 CI~f ATTORNEY CITY CLERK adcz60 PAGE 2 OF RESOLUTION NO. 41-97