HomeMy WebLinkAbout2022-04
RESOLUTION NO. 2022-04
DENYING THE APPEAL AND UPHOLDING THE TOWN’S ADMINISTRATIVE
ACTION DENYING VARIANCE REQUEST VAR22-0002
WHICH IS A REQUEST TO ALLOW THE RETENTION OF AN EXISTING SIX-
FOOT TALL FENCE LOCATED WITHIN THE FRONT YARD SETBACK OF THE
PROPERTY LOCATED AT 1221 GREENBROOK DRIVE (APN 207-253-004)
WHEREAS, the property owners/appellants (Lisa & Nichoas Christian) have submitted
an appeal of the Town’s administrative denial of a Variance request (VAR22-0002) to
allow for an existing six-foot tall fence within the front setback area of the lot; and
WHEREAS, the Variance request would allow for the existing 6’ fence encroaches 6’ into
the required 20’ minimum front yard setback, resulting in a 14’ front yard setback; and
WHEREAS, the subject site is located at 1221 Greenbrook Drive is further identified as
Assessor’s Parcel Number 207-253-004; and
WHEREAS, the Town received a complaint from a surrounding neighbor on September
7, 2021, regarding the height of the fence and voicing interest in building a fence of a
similar nature; and
WHEREAS, the Town Code Enforcement Officer and Chief of Planning conducted a site
visit on September 21, 2021, and determined the existing fence to be out of compliance
with Town fence standards; and
WHEREAS, the Town issued a letter on September 21, 2021, to the property owners
determining the existing fence to be out of compliance with Town fence standards and
requesting modifications take place to bring the fence into compliance; and
WHEREAS, the property owners applied for Variance request VAR22-0002 allowing for
the retention of the existing six-foot tall fence located within the 20-foot front yard setback
of the property; and
WHEREAS, the Town administratively denied Variance request VAR22-0002 on
February 1, 2022; and
WHEREAS, an appeal was filed by the property owners on February 9, 2022, in response
to the Appealable Action Letter denying Variance request; and
WHEREAS, the Town of Danville Single Family Residential District Ordinance requires
the approval of a Variance to allow for a fence over 3.5 feet located within the 20-foot
front yard setback; and
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PAGE 2 OF RESOLUTION NO. 2022-04
WHEREAS, the Planning Commission did review the project at a noticed public hearing
on March 8, 2022; 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,
recommendations, and testimony submitted in writing and presented at the hearing;
now, therefore, be it
RESOLVED that the Planning Commission denies the appeal and upholds the Town’s
administrative action denying Variance request VAR22-0002, and make the following
findings in support of this action:
FINDINGS OF DENIAL:
1. This variance would constitute a grant of special privilege inconsistent with the
limitations on other properties in the area and the R-15; Single Family Residential
District in which the subject property is located in that, the proposed variance would be a
grant of special privileges as no other similar reduced front yard setbacks for fences are in the
area.
2. That strict application of the applicable zoning regulations would not deprive the
subject property of rights enjoyed by others in the general vicinity and/or located in
the same zoning district in that, other neighboring residences are not allowed fences of this
height within the front yard setback. In addition, the subject lot is a standard lot similar to most others in the neighborhood. No special circumstances related to the subject lot have been
established.
3. That any variance authorized shall substantially meet the intent and purpose of the
respective land use district in which the subject property is located in that, the property
is in an R-15; Single-Family Residential District, and the proposed fence height and setback
do not comply with the intent and purpose of the respective residential zoning district.
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PAGE 3 OF RESOLUTION NO. 2022-04
APPROVED by the Danville Planning Commission at a regular meeting on March 8,
2022, by the following vote:
AYES: Combs, Graham, Houlihan, Palandrani, Radich, Trujillo
NOES: Bowles
ABSTAINED: None
ABSENT: None
_____________________________
CHAIR
APPROVED AS TO FORM:
_______________________________ ______________________________
CITY ATTORNEY CHIEF OF PLANNING
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