HomeMy WebLinkAbout048-02RESOLUTION NO. 48-2002
DENYING ALL APPEALS AND UPHOLDING THE DECISION OF THE TOWN
MANAGER TO ISSUE A BUILDING PERMIT FOR 436 MARIAN LANE
WHEREAS, on January 30, 2002, the Town issued a building permit to Ron and Faye
Abbes ("Abbes") for construction of a 2,320 square foot garage/shop on their property at
436 Marian Lane; and
WHEREAS, pursuant to Section 1-8.1 of the Danville Municipal Code, Donald amd
Charlene Vorous, Ben Lyon and Steven White appealed issuance of the building permit;
and
WHEREAS, on March 21, 2002, the Town Manager conducted a hearing on the appeals.
After hearing from all parties and reviewing all relevant documents, the Town Manager
issued a written decision on March 28, 2002. That decision denied the appeals, upheld
issuance of the building permit and added three conditions to the permit; and
WHEREAS, within ten days after the Town Managers decision, appeals to the Town
Council were filed by all four interested parties (Abbes, Vorous, Lyon and White); and
WHEREAS, on May 7, 2002, the Danville Town Council conducted a public hearing to
hear the appeals. The Town Council accepted and considered oral testimony and all
written documents submitted by all parties; now, therefore, be it
RESOLVED, that the Danville Town Council denies all appeals filed in this matter and
upholds the decision of the Town Manager to issue a building permit for 436 Marian
Lane. The Town Council specifically adopts the findings and conclusions contained in
the Town Managers decision of March 28, 2002 (a copy of which is attached hereto and
incorporated into this resolution), subject to the following conditions:
1. Abbes shall retain an engineer to perform a localized drainage study which
identifies the ability of the drainage course adjacent to (east of) the accessory
building to accommodate any increased flows, and whether or not any
improvements should be required either to the drainage course, related
drainage facilities under Marian Lane, or downstream. Abbes would be
responsible for implementing any recommendations made in the drainage
study, subject to review by Town Engineering staff.
2. Abbes shall work with appellants Mr. and Mrs. Vorous, to develop a
landscape plan that includes reasonable landscape screening of the accessory
building along the northern property line, adjacent to the Vorous' rear yard.
This could include planting trees of sufficient size and/or other landscaping to
effectively screen views to the site. These improvements should be installed
at the Abbes' expense. In the event that the Abbes' and Vorous' cannot reach
agreement regarding what constitutes "reasonable landscape screening," such
determination will be made by the Town Planning Division.
3. Abbes shall consult with the San Ramon Valley Fire Protection District to
ensure that an adequate turnaround can be provided to serve the second
dwelling unit, if it is ever applied for. Given the substandard width of Marian
Lane and the proposed location of the accessory building, this determination
should be made now.
4. All of the parties to this matter are encouraged to work cooperatively to
address these issues.
APPROVED by the Danville Town Council at a regular meeting on May 7, 2002, by the
following vote:
AYES: Doyle, Shimansky, Waldo
NOES: Arnerich, Greenberg
ABSTAINED: None
ABSENT: None
MAYOR
APPROVED AS TO FORM:
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CITY ATTORNEY
ATTEST:
CITY CLER~
PAGE 2 OF RESOLUTION NO. 48-2002