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Home My WebLink About2017-14RESOLUTION NO. 2OL7-T4 DENYING AN APPEAL AND UPHOLDING THE TOWN'S ADMINISTRATIVE ACTION TO APPROVE VARIANCE REQUEST VAR17-OOL' AUTHORIZING A RESIDENTIAL REMODEL AND ADDITION PROIECT INVOLVING THE EXISTING RESIDENCE AT 7OO CLIPPER HILL ROAD THAT WOULD RESULT IN A VARIANCE FROM APPLICABLE MINIMUM SECONDARY FRONT YARD SETBACK AND MINIMUM SIDE YARD SETBACK STANDARDS (APN: 199-040-012 - JOSEPH AND ARLENE GRANT) WHEREAS, Joseph and Arlene Grant (Owners/Applicants) have submitted a Variance application (i.e., Variance requestVAR1T-0015) seeking authorization for a remodel and addition project involving their existing residence atT}}Clipper Hill Road that would result in the creation ıf ^n upptoximately 1' secondary front yard setback at the south project boundary (where a 25' minimum setback is required under the property's R-1"00 District zoning standards) and in the creation of a L4'-4" minimum side yard setback along the west project boundary (where a 30' minimum side yard setback is required by R-100 District zoning standards); and WHEREAS, the Town's R-100; Single Family Residential DistrictOrdinance requires approval of a Variance application prior to an encroachment into the required minimum secondary front yard setback or an enctoachment into the minimum side yard setback; and WHEREAS, the project has been found to be Categorically Exempt from the Requirements of the California Environmental Quality Act (CEQA); and WHEREAS, the Town took action administratively approving the application on August 4,20!7; and WHEREAS, a neighboring property owner submitted a letter appealing that action on August 1.4,2017; and WHEREAS, the Planning Comrnission did review the project at a noticed public hearing on December 12,2017; artd WHEREAS, notice of the public hearing for the appeal was given in all respects as required by law; and WHEREAS , astaf.freport was submitted recommending that the Planning Commission deny the appeal and uphold the Towrls administ¡ative action approving the reques! and WgEnEnS, the Planning Commission did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; now, therefore, be it RESOLVED that the Planning Commission denies the appeal and reaffirms the Town's administrative action approving Variance request VARL7-0015 and makes the following findings in support of this action: PAGE 1 OF RESOLUTION NO.2017-14 1 2. J. 1. FINDINGS OF APPROVAL: This variance does not constitute a grant of special privilege inconsistent with the limitations on other properties in the area and the R-L00; Single Family Residential District in which the subject property is located. Because of special circumstances applicable to the subject property (i.e., the location of existing residence on the lot and its relative location to the travel lane for Clipper Hill Rd., existing topographical and vegetative cover on the property, the presence of an existing residence with a significant non-confor-i.g minimum secondary front yard setback, and the presence of an 800 square foot property along the western property line owned by EBMUD), strict application of the zoning regulations would deprive the subject property of rights enjoyed by others in the general vicinity andf or located in the same zoning district. This variance is in substantial conformance with the intent and purpose of the R-100; Single Family Residential District in which the subject propelty is located. CONDITIONS OF APPROVAL: Approval of Variance request VAR17-0015 for Joseph and Arlene Grant (Property Owners and Applicants) and Team2 Architectuyq + Design (Project Architects), involving the residential property at700 Clipper Hill Road, authorizes the construction of a 1-,266 square foot one-story addition establishing an 11u+ / - minimum secondary front yard building setback where a 25' minimum setback is called for under R-100 District zoningstandards. The authorized building addition will be ol.8' from the northern edge of the corresponding edge of pavement for Clipper Hill Road and will replace the existing non- conforming 6'+/- minimum existing secondary yard setback. The approval of VAR17- 001.5 also authorizes the remodeling and expansion of the existing gar.age at the northwest corner of the existing residence that will result in construction of a963 square foot three- car garage and the creation of a 1,000 square foot secondary dwelling unit above the new three car garage. The enlarged garage and new secondary dwelling unit is authorized to observe a14'-4" minimum side yard setback where a 30' minimum setback is called for under R-100 District zoning standards. 2.The variance request is approved in conjunction with the larger proposed residential remodel and addition project proposed under Building Permit application 817-0121'66, which will take the existing residence from 4,180 square feet to 5,446 square feet (with both totals exclusive of the existing 1,100 square foot basement which is not proposed for modification under the building remodel and expansion project). The rest of the proposed remodel and addition project conforms to the R-100 District zoning standards. Demolition, construction and grading activity shall be limited to weekdays during the hours frorn 7:30 a.m. to 5:30 p.m., unless otherwise approved in writing by the Chief Building Official. J PAGE 2 OF RESOLUTION NO. 2OI7.I4 4. 5 Prior to commencing construction activity, the applicant shall obtain all necessary building permits from the Town of Danville Building Division. Prior to the issuance of a building permi! the applicant shall reimburse the Town for costs incurred to notif¡r neighboring residents of the proposed variance requests processed under VAR17-0015 and VAR13-003. Reimbursement shall be in the amount of $421.50 and shall be made payable to the Town of Danville. Unless otherwise authorized by the Planning Division, the exterior building colors and materials used for the proposed additions shall match, or be substantially compatible with, the existing building colors and materials. Plans submitted for the project proposed under Building Permit application 817-0121'66 shall be supplemented with grading andf or drainage plans of adequate detail to show top and toe of slope and grade elevations around the structure to show that drainage from the structure downspouts and impervious surface (to include impervious patio, pathway, and driveway areas) is being directed away from the new building areas and into onsite landscape areas and not directly to the street and storm drain system. The applicant shall have the responsibility to coordinate, to the extent reasonably feasible, onsite project construction activities, construction-related traffic and construction-related deliveries such that construction-related parking and storage of construction-related materials does not occur within the paved t¡avel way for Clipper Hill Road. Advisory Comments: The project proposed under Building Permit application 817-012'166 will entail an extensive amount of demolition work. The age of the residential construction is shown as 1975 onMetroscan records. Prior to issuance of the building permif the Chief Building Official will provide direction as to whether a demolition permit will be needed andf or whether a"l Permi{' will need to be secured from BAAQMD. Prior to the applicanfs resubmittal of project construction drawings in response to initial plan check comments, a project drainage plan shall be submitted that details how the roof run-off and surface drainage will be handled. The applicant is advised of probability that an on-site drainage retention system will likely be required to hold drainage coming off property at historic levels. The presence of the existing swimming pool will result in the need, at building permit final inspection for Building Permit request 817-012'1,6, for the applicant to document the presence of approved drowning prevention features and demonstration that any modified/replacement fencing is compliant on door swing and door hardware for pool access requirements. 8 6. 7 1 2. J. PAGE 3 OF RESOLUTION NO. 2OI7.I4 4.The project proposed under Building Permit application 817-0121,66 requires preparation and submittal of a Small Land C.3 application to address the projecf s obligation to collect and treat storm water runoff prior to runoff entering the storm water system. APPROVED by the Planning Commission at a requesting meeting on Decembet 12,2017 by the following vote: AYES: NOES: ABSTAIN: ABSENT: APPROVED AS TO FORM: City Attorney Radich, Havlik, Bowles, Graham, Haberl, Verriere Combs, Heusler Chief PAGE 4 OF RESOLUTION NO. 2OI7.I4 None None