HomeMy WebLinkAbout140-06
RESOLUTION NO. 140-2006
DENYING THE APPEAL BY SKYVILLA, LLC. AND DENYING
DEVELOPMENT PLAN REQUEST DP 2005-06 FOR
A NEW 7,125+/- SQUARE FOOT RESIDENCE
LOCATED WITHIN A TOWN- IDENTIFIED
MAJOR RIDGELINE AREA
(APN: 206-170-010 - SKYVILLA, LLC)
WHEREAS, SKYVILLA, LLC (Applicant/Owner) has requested approval of a
Development Plan application to construct a 7,125 + / - square foot residence within a
Town-identified Major Ridgeline area on a 10+/- acre site; and
WHEREAS, an alternate 5,950 + / - square foot residence has been developed and submitted
for consideration by the Town Council; and
WHEREAS, the applicant is requesting an exception to the Town's Major Ridgeline and
Scenic Hillside Ordinance to allow development of the residence within 100 vertical feet of
a Major Ridgeline (the home is proposed to be constructed on the ridgeline); and
WHEREAS, the subject site is located at 1621 Lawrence Road and is further identified as
Assessor's Parcel Number 206-170-010; and
WHEREAS, the Town of Danville Major Ridgeline and Scenic Hillside Ordinance requires
approval of a Development Plan prior to the development of a residence within a Major
Ridgeline area; and
WHEREAS, a Mitigated Negative Declaration of Environmental Significance has been
prepared for the project indicating that, as mitigated through recommended conditions of
approval, no significant negative environmental impacts are expected to be associated with
this project; and
WHEREAS, the public notice of this actio!) was given in all respects as required by law;
and
WHEREAS, the Planning Commission did review and deny without prejudice the project
at a noticed public hearing on June 27, 2006; and
WHEREAS, the applicant subsequently appealed the Planning Commission's denial; and
WHEREAS, the appeal of the Planning Commission's June 27, 2005 denial of DP 2005-06
was reviewed by the Danville Town Council during their meeting of November 21, 2006;
and
P ~GE 1 OF RESOLUTION 140-2006
15:'
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 filed by Skyvilla LLC
and denies Development Plan request DP-2005-06 based on the following findings:
FINDINGS:
1. The evidence presented to the Town Council does not support any of the three
findings provided for in Danville Municipal Code Section 32-69.10, at least one of
which is required to allow development of the proposed residence within 100
vertical feet of the major ridgeline. Specifically:
a. A structure could otherwise be constructed on the parcel. The testimony of
the applicant's geotechnical engineer and the Town's consulting engineer
was that other sites on the property, located both below the major ridgeline
and more than 100 vertical feet below the major ridgeline were buildable.
The Town Council further finds that while the applicant's geotechnical
engineer presented information regarding the amount of potential grading
and cost involved in building on these lower sites, the Town's consulting
engineer testified that those estimates were based on the same flat pad
development proposed for the ridgeline location. This type of flat pad
grading on slopes over 20% is discouraged (Danville Municipal Code Section
32-69.7.f) and does not present a valid basis for cost estimates.
b. Development is not designed to take place as far beneath the centerline of the
major ridgeline as practical. Both the proposed residence denied by the
Planning Commission and the 5,950 square foot alternative presented to the
Town Council by the applicants are located directly on the major ridgeline.
c. The proposed siting and architecture of the proposed residence are such that
the development will conflict with the purposes set forth in Danville
Municipal Code Section 32-69.1.b. The photographs submitted by both the
applicant and by a neighbor in opposition to the project show that the major
ridgeline on the property is highly visible from a wide range of vantage
points in the Lawrence Road area. Those photographs of the existing
conditions along with the computer simulations of the proposed residence
presented by the applicant show that the development of the proposed
residence on the major ridgeline would result in the loss of the scenic view of
PAGE 2 OF RESOLUTION 140-2006
the ridgeline and the sense of identity and image that this area now imparts
to the Town and its environs.
APPROVED by the Danville Town Council at a regular meeting on November 21, 2006, by
the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Stepper, Andersen, Ar~erich, Doyle, Shimansky
None
None
None
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APPROVED AS TO FORM:
~'B ~J
ATTEST:
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CITY ATTORNEY
PAGE 3 OF RESOLUTION 140-2006