HomeMy WebLinkAbout133-06
RESOLUTION NO. 133-2006
DENYING THE APPEAL FILED BY JAMES BARBOUR AND UPHOLDING
THE PLANNING COMMISSION ACTION OF SEPTEMBER 26, 2006 DENYING
LAND USE PERMIT REQUEST LUP 2006-09 FOR THE PROPOSED
OPERATION OF AN INDOOR KENNEL FACILITY AT 3420 FOSTORIA WAY
WHEREAS, JAMES AND ROBIN BARBOUR (Applicants) have requested approval of a
Land Use Permit request LUP 2006-09 to allow the operation of an indoor kennel facility,
including the boarding, grooming and day care of dogs and cats, in a 6,907 + / - square foot
commercial tenant space; and
WHEREAS, the subject site is located at 3420 Fostoria Way and is further identified as
Assessor's Parcel Number 218-040-043; and
WHEREAS, the Town of Danville Zoning Ordinance requires approval of a Land Use
Permit prior to the establishment of an indoor kennel facility in a L-I; Light Industrial
District; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
August 15,2006 and September 26, 2006, and denied the application; and
WHEREAS, the Town received a letter from the applicant, appealing the Planning
Commission's denial of the Land Use Permit; and
WHEREAS, the Town Council did review the appeal of the Planning Commission denial of
LUP 2006-09 during a noticed public hearing on November 8, 2006; and
WHEREAS, the public notice of this action was given in all respects as required by law;
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 denies the appeal, upholds the Planning
Commission's denial of Land Use Permit request LUP 2006-09, and makes the following
findings in support of these actions:
FINDINGS OF DENIAL
1. The proposed land use could potentially be detrimental to the health, safety, and
general welfare of the Town, because the proposed location of the kennel in units F
and G are located within 100 feet of residential properties. The units are located on
the side of the commercial building that would have had the greatest amount of
interaction with residential properties in terms of pick-up and drop-off of pets and
walking of pets. Additionally, the outdoor pet relief area is less than 100 feet away
from the residential properties and the concern of odor cannot be adequately
addressed.
2. The land use will adversely affect the orderly development of property within the
Town.
3. The land use will or could potentially adversely affect the preservation of property
values and the protection of the tax base within the Town
4. The land use will adversely affect the policy and goals as set by the 2010,General
Plan.
5. The land use will create a nuisance and/ or enforcement problem within the
neighborhood or community
6. The land use will encourage marginal development within the neighborhood.
APPROVED by the Danville Town Council at a regular meeting on November 8, 2006 by
the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Stepper, Shimansky, Andersen, Arnerich, Doyle
None
None
None
~~:
J
~cf~
~
CITY CLERK . ..
CITY ATTORNEY
PAGE 2 OF RESOLUTION NO. 133-2006