HomeMy WebLinkAbout2021-01RESOLUTION NO. 2021-01
DENYING AN APPEAL AND UPHOLDING THE TOWN’S APPROVAL OF LAND
USE PERMIT REQUEST LUP20-0067, ALLOWING A LOT LINE ADJUSTMENT
THAT WOULD RESULT IN THE FURTHER REDUCTION OF A LEGAL
NON-CONFORMING LOT AREA FROM 63,880 SQUARE FEET TO
44,037 SQUARE FEET. THE TWO EFFECTED LOTS ARE
LOCATED AT 16 AND 20 MACOMBER ROAD
WHEREAS, MIKE BELLIG (Owner/Applicant) has requested approval of a Land Use
Permit (LUP20-0067) to modify the property line which runs between the lots identified
as 16 and 20 Macomber Road, further identified as Assessor’s Parcel Numbers (APN) 199-
210-001 & 002; and
WHEREAS, the existing property line currently runs underneath the residence located at
16 Macomber Road. The lot line adjustment would relocate the property line so that the
residence is fully contained on the parcel and meets the minimum side yard setback
requirements, but would reduce the net lot area of 20 Macomber Road from 63,880 square
feet to 44,037 square feet, 20,963 square feet less than required under the site’s R-65; Single
Family Residential zoning district, and
WHEREAS, since the existing lot area is non-conforming, the lot line adjustment would
intensify its legal – nonconforming status, resulting in the need for approval of a Land
Use Permit; and
WHEREAS, the subject R-65; Single Family Residential Zoning District requires a
minimum lot area of 65,000 square feet; and
WHEREAS, the proposed new lot area for 20 Macomber Road would be 44,037 square
feet; and
WHEREAS, the Town sent an Appealable Action Letter to surrounding property owners
on October 29, 2020, stating the Town’s intent to conditionally approving the Land Use
Permit request; and
WHEREAS, on November 9, 2020, the Town received an appeal of that action from the
Montair Property Owners Association; and
WHEREAS, public notice of this action was given in all respects as required by law; and
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WHEREAS, a staff report was submitted recommending that the Planning Commission
deny the appeal and uphold the Town’s conditional approval of the Land Use Permit
request; and
WHEREAS, during the Planning Commission’s hearing on February 23, 2021, the
Commission discussed the project and continued the item to a future Planning
Commission hearing for further discussion; and
WHEREAS, at the March 9, 2021 Planning Commission meeting, the 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 of the Town of Danville denies the appeal
and upholds the Town’s conditional approval of Land Use Permit request LUP20-0067.
FINDINGS OF APPROVAL
1.The Land Use Permit will not be detrimental to the health, safety, and general
welfare of the Town, in that, the lot line adjustment will allow the existing residence to
comply with Town building and zoning requirements related to structures not crossing a
property line and maintaining minimum setbacks from property lines.
2.The Land Use Permit will not adversely affect the orderly development of
property within the Town, in that, the Land Use Permit will allow for a lot line
adjustment which will bring the property in conformance with the zoning district related
to setback requirements, and with building code requirements which does not allow
residences to be constructed over property lines.
3.The Land Use Permit will not adversely affect the preservation of property values
and the protection of the tax base within the Town, in that, the Land Use Permit will
allow for a lot line adjustment which will bring the property in conformance the zoning
district related to setback requirements and with building code requirements which does
not allow residences to be constructed over property lines.
4.The land use will not adversely affect the policy and goals as set by the 2030
General Plan, in that, the Lot Line Adjustment will allow for the orderly development of
a residential property.
5.The land use will not create a nuisance and/or enforcement problem within the
neighborhood or community, in that, the Lot Line Adjustment would bring the parcel
better into conformance with zoning and building standards.
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6.The land use will not encourage marginal development within the neighborhood,
in that, the Lot Line Adjustment would bring the parcel better into conformance with
zoning and building standards.
CONDITIONS OF APPROVAL
1.This Land Use Permit approval for LUP20-0067 is granted to Mike Bellig (Property
Owner) for the residential properties located at 16 and 20 Macomber Road,
Danville. The approval authorizes the lot line adjustment to modify the property
line currently running under the residence located at 16 Macomber Road. As a
result, the parcel located at 20 Macomber Road is authorized to have a net area of
44,037 square feet, while the site’s R-65; Single Family Zoning Districts requires a
minimum net parcel area of 65,000 square feet.
2.Except as may be modified by the following conditions of approval, development
authorized under this Land Use Permit approval shall be substantially as shown
on the Lot Line Adjustment LLA2020-03, prepared by CBG, Civil Engineers, dated
October 8, 2020.
APPROVED by the Danville Planning Commission at a special meeting on March 9, 2021
by the following vote:
AYES: Bowels, Combs, Graham, Houlihan, Palandrani, Radich, Trujillo
NOES: None
ABSTAINED: None
ABSENT: None
______________________________
CHAIR
APPROVED AS TO FORM: ATTEST:
_______________________________ ______________________________
CITY ATTORNEY CHIEF OF PLANNING
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