HomeMy WebLinkAbout2018-01RESOLUTION NO. 2018.01
APPROVTNG FLOOD HAZARD VARIANCE REQUEST VAR18-0002
ALLOWING A REPLACEMENT SINGLE FAMILY RESIDENCE WITH AN
ACCESSORY DWELLING UNIT AT 9 AND 1.1 BUCKEYE LANE TO BE
LOCATED WITHIN THE ZONE A FLOODPLAIN
(APN: 202-070-015 - GANZ RESIDENCE)
WHEREAS, Brian and Erica Ganz have requested approval of a Flood Hazard Variance
(VAR18-0002) allowing a replacement single family resident with an accessory dwelling
unit within the Zone A floodplain on a .76 + /- acre site; and
WHEREAS, the subject site is located at 9 and 1L Buckeye Lane and is further identified
as Assessor's Parcel Number 202-010-015; and
WHEREAS, the Town of Danville's Flood Hazard Ordinance requires approval of a
Flood Hazard Variance prior to construction within a flood hazard zone; and
WHEREAS, the project has been found to be exempt from the California Environmental
Quality Act (CEQA), Section 15302, Class 2; and
WHEREAS, a staff report was submitted recommending that the Planning Commission
approve the request; and
WHEREAS, the Planning Commission did review the project during a regular meeting
on February 13,2018; and
WHEREAS, the public notice of this action was given in all respects as required by law;
and
WHEREAS, the Planning Commission did hear and consider all reports,
recoÍunendations, and testimony submitted in writing and presented at the hearing;
now therefore, be it
RESOLVED that the Planning Commission of the Town of Danville approves Flood
Hazard Variance request VAR18-0002 per the conditions of approval contained herein,
.and makes the following findings in support of this action:
FINDINGS
1. The applicant has shown good and sufficient cause.
Findings: The existing dwelling was built in 1952. The entire lot, including the
existing residence lies within the Zone A floodplain and any development on the site
would require raising the proposed building pad so the lowest floor is one foot above
the floodplain.
2. Failure to grant the Flood Hazard Variance would result in exceptional hardship to
the applicant.
Findings: The entire lot is within the Zone A floodplain. The existing dwelling was
constructed in1952. Exceptional hardship would occur should development on the
site be denied.
3. Granting of a Flood Hazard Variance would not result in increased flood heights,
additional threats to public safety or extraordinary public expense; create nuisances;
cause fraud on or victimization of the public; or conflict with existing local laws or
ordinances.
Findings: An Elevation Certificate indicates that the new project would not adversely
affect the existingZone A floodplain. No work is proposed within the existing FEMA
Regulatory Floodway. There would be no new threats to the public safety or
extraordinary public expense. Standards listed above have been satisfied as the
proposed replacemént residence and accessory dwelling will be elevated above the
base flood elevation and protected from flood damages during a base flood.
CONDITIONS OF APPROVAL
1. The final pad elevation shall be certified by a registered professional engineer or
surveyor and shall be provided to the Director of Development Services in the form
of a new Elevation Certificate.
2. No fill or obstructions shall be allowed within the FEMA Regulatory Floodway.
3. All areas within the Zone A floodplain shall meet the requirements of the "Provisions
for Flood Hazar d Reduction" (Section 32-1\7 .31"-117 .40).
PAGE 2 OF RESOLUTION 201.8-01
APPROVED by the Danville Planning Commission at a regular meeting on February 13,
2018by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
APPROVED AS TO FORM:
City Attorney
Combs, Graham, Haberl, Havlik, Heusler, Radich, Verriere
Bowles
Chairman
Chief of
PAGE 3 OF RESOLUTION 201,8.01-
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