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HomeMy WebLinkAbout028-2018RESOLUTION NO. 28-2018 DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION'S ACTION TO APPROVE VARIANCE REQUEST VAR17-0015, SUBJECT TO THE FINDINGS AND CONDITIONS OF APPROVAL WHEREAS, Joseph and Arlene Grant (Property Owners and Applicants) have submitted a Variance application (VAR17-0015) seeking authorization for a remodel and addition project involving their existing residence at 700 Clipper Hill Road that would result in the creation of an approximately 1'0" ( 0'-11 ")secondary front yard setback at the south project boundary (where a 25' minimum setback is required under the property's R-100 District zoning standards) and in the creation of a 14'-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 District Ordinance requires approval of a Variance application prior to an encroachment into the required minimum secondary front yard setback or an encroachment 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, 2017; and WHEREAS, a neighboring property owner submitted an appeal of that action on August 14, 2017;.and WHEREAS, the Planning Commission did review the project at a noticed public hearing on December 12,2017; and WHEREAS, notice of the public hearing for the appeal was given in all respects as required by law; and WHEREAS, a staff report was submitted recommending that the Planning Commission deny the appeal and uphold the Town's administrative action approving the request; and WHEREAS, the Planning Commission did hear and consider all reports, recommendations, and testimony submitted in writing and presented at their December 12, 2017 hearing for the appeal and approved Planning Commission Resolution No. 2017- 14 denying the appeal and upholding, with modification, the administrative action to approve VAR17-0015; and WHEREAS, a neighboring property owner submitted an appeal of that action on December 22, 2017; and . WHEREAS, the Town Council did review the project at a noticed public hearing on March 6, 2018; and WHEREAS, notice of the public hearing for the appeal was given in all respects as required by law; and WHEREAS, a staff report was submitted recommending that the Town Council deny the appeal and uphold the Planning Commission's action approving VAR17-0015 and now, therefore, be it RESOLVED that the Town Council denies the appeal and reaffirms the 'Planning Commissions action approving Variance request VAR17-0015 and makes the following findings in support of this action: FINDINGS OF APPROVAL: 1. This variance does not constitute a grant of special privilege inconsistent with the limitations on other properties in the area and the R-100; Single Family Residential District in which the subject property is located. 2. 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 -conforming 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 and/or located in the same zoning district. 3. This variance is in substantial conformance with the intent and purpose of the R- 100; Single Family Residential District in which the subject property is located. CONDITIONS OF APPROVAL: 1. Approval of Variance request VAR17-0015 for Joseph and Arlene Grant (Property Owners and Applicants) and Team2 Architecture + Design (Project Architects), involving the residential property at 700 Clipper Hill Road, authorizes the construction of a 1,266 square foot one-story addition establishing an 11"+/ - minimum secondary front yard building setback where a 25' minimum setback is PAGE 2 OF RESOLUTION NO. 28-2018 called for under R-100 District zoning standards. The authorized building addition will be approximately 18' 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 VAR17-0015 also authorizes the remodeling and expansion of the existing garage at the northwest corner of the existing residence that will result in construction of a 963 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 a 14'-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 B17-012166, 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. 3. Demolition, construction and grading activity shall be limited to weekdays during the hours from 7:30 a.m. to 5:30 p.m., unless otherwise approved in writing by the Chief Building Official. 4. Prior to commencing construction activity, the applicant shall obtain all necessary building permits from the Town of Danville Building Division. 5. Prior to the issuance of a building permit, the applicant shall reimburse the Town for costs incurred to notify neighboring residents of the proposed variance requests processed under VAR17-0015 and VAR13-0003. Reimbursement shall be in the amount of $421.50 and shall be made payable to the Town of Danville. 6. 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. 7. Plans submitted for the project proposed under Building Permit application B17- 012166 shall be supplemented with grading and/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 PAGE 3 OF RESOLUTION NO. 28-2018 from the new building areas and into onsite landscape areas and not directly to the street and storm drain system. 8. 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 travel way for Clipper Hill Road. 9. Prior to the issuance of a building permit for the proposed addition, the applicant shall prepare and submit a landscape plan for review and approval by the Danville Planning Division. The plan shall detail landscaping proposed for installation in the area between the proposed addition at its closest proximity to Clipper Hill Road and the corresponding edge of pavement for Clipper Hill Road. The area to receive planting, the amount of plant material to be installed, and the type and size of plant material installed in this area shall be substantially consistent with the plan submitted for Town Council consideration at their public hearing on March 6, 2018 (see Attachment A). Unless'otherwise authorized by the Planning Division during its review of the landscape plan, the minimum container size of the trees specified on the plan as large scale trees, being the trees that are intended to provide privacy screening between the subject property and the residence at 671 Clipper Hill Road, shall be 24" box specimen trees. The additional trees specified on the plans shall be 30 -gallon container size, if that container size is available, and shall be 15 -gallon container size in the larger container size is not available. Landscaping shall be installed prior to release of final building inspection for the proposed addition. Prior to Planning Division approval of the plan, the applicant shall document to the Town's satisfaction that a diligent effort was made to secure input on the plan from the abutting property owner at 671 Clipper Hill Road (i.e., Ron and Tami Williamson), with that neighboring property owner to have been provided a reasonable opportunity to review and comment on the plan as regards the proposed selection of plant materials and plant locations as regards screening value that would be created by the planting. 10. Architectural treatment for the chimney proposed on the south building elevation of the addition nearest Clipper Hill Road shall be modified to be substantially consistent with the modified building elevation submitted for Town Council consideration at the Town Council public hearing on March 6, 2018 (see Attachment B). PAGE 4 OF RESOLUTION NO. 28-2018 Advisory Comments: 1. The project proposed under Building Permit application B17-012166 will entail an extensive amount of demolition work. The age of the residential construction is shown as 1975 on Metroscan records. Prior to issuance of the building permit, the Chief Building Official will provide direction as to whether a demolition permit will be needed and/or whether a "J Permit" will need to be secured from BAAQMD. 2. Prior to the applicant's 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 holddrainage coming off property at historic levels: 3. The presence of the existing swimming pool will result in the need, at building permit final inspection for Building Permit request B17-012166, 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. 4. The project proposed under Building Permit application B17-012166 requires preparation and submittal of a Small Land C.3 application to address the project's obligation to collect and treat storm water runoff prior to runoff entering the storm water system. APPROVED by the Danville Town Council at a regular meeting on March 6, 2018, by the following vote: AYES: NOES: ABSTAINED: ABSENT: Arnerich, Blackwell, Morgan, Stepper, Storer None None None APPROVED AS TO FORM: CITY ATTORNEY MAYOR ATTEST: CITY CLE9K PAGE 5 OF RESOLUTION NO. 28-2018