Loading...
HomeMy Public PortalAbout45 Deny Appeal Schwebel TOWN OF TRUCKEE California RESOLUTION NO. 99-45 A RESOLUTION OF THE TRUCKEE TOWN COUNCIL DENYING AN APPEAL OF LAND USE APPLICATION 99-051/AV/CUP (SCHWEBEL) WHEREAS, on September 2, 1999 the Town Council considered an appeal of a July 14, 1999 Zoning Administrator action to approve Land Use Application 99-051/AV/CUP proposing the construction of a single-family residence within the front, rear, and Donner Lake highwater setbacks and to exceed the 40% lot coverage requirement on Assessor's Parcel Number 18-393-10; and WHEREAS, the Town Council considered the appeal at a public hearing on the meeting on September 2, 1999; accepted and considered all public input and information received on the application; and reviewed the appeal in accordance with Articles 30, 31 and 33 of the Town Zoning Ordinance; and WHEREAS, the Town Council found all of the mandatory findings for granting a variance and conditional use permit could be made. NOW, THEREFORE, BE IT RESOLVED BY THE TRUCKEE TOWN COUNCIL that the appeal of the Zoning Administrator's decision to approve Land Use Application 99-051/AV/CUP is hereby denied, and the Zoning's Administrator's decision to approve the application is upheld. BE IT FURTHER RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TRUCKEE, the Town Council staff report and attachments are incorporated by reference and provide factual basis for denial of the appeal. The Town Council makes the following findings in support of denial of the appeal: Variance Findings: The proposed land use or action is consistent with the General Plan and any applicable specific plan. The proposed height of the residence is consistent with the General Plan goals and policies for the Donner Lake Community Area. The increased height of the strucutre is not significant do to the fact the width of the residence has been reduced, therefore improving and increasing the view corridors of the side and the proposed height of the residence and garage have been redesigned so that the frontal surface area of the combined structures above the ground level and facing Donner Pass Road is less than the frontal surface area of the current residence and garage and it was determined the project proposal is consistent with the Donner Lake community Area Policy No. I and the finding can be made that the variance proposal is consistent with the General Plan goals and policies. The granting of the variance would not constitute as a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and R1 zone in which the property is situated. Granting the variance will not result in a grant of special privilege in that the proposed residence is not substantially increasing in size above the existing residence or compared Resolution 99-45 Page 2 to surrounding residences within the neighborhood. The proposed height and size of the residence is comparable to the existing residences within the neighborhood and it was determined it would not be granting the applicant a special privilege if the area variance is approved. Because of special circumstances applicable to the property, the strict application of the Zoning Ordinance deprives such property of privileges enjoyed by other properties in the vicinity and under identical zoning classifications. There are exceptional and extraordinary circumstances applicable to the property warranting a variance. The extremely small parcel size and the flood plain to the south of the parcel in addition to the required setbacks and impervious surface coverage requirement would not allow for a single-family residence to be constructed on the parcel. o The integrity and character of the zoning district, the utility and value of adjacent property, and the general welfare of the neighborhood will be maintained with approval of the variance. The utility and value of the adjacent properties will not be affected by the approval of the variance in that the residence is proposed entirely within the boundaries of the parcel and the single-family residence has been designed to meet the 5' side yard setbacks. Meeting the side yard setbacks will ensure there is adequate distance between the parcels to allow for sufficient snow shedding from the roof and the residence. In summary, the utility and value of the adjacent properties and the general welfare of the neighborhood will be maintained with the approval of the variance in that the construction of the proposed single-family residence will be contained entirely within the property boundaries of the subject parcel and the single-family residence as proposed meets the required side yard setbacks. Conditional Use Permit Findings: o That the site for the proposed use is adequate in size and shape to accommodate said use and all yards, spaces walls and fences, parking, loading, landscaping and other features required by this Ordinance to adjust said use with land and uses in the neighborhood. The site is located within the RI zoning district and the proposed single-family residence is a permitted use within the R1 zoning district. The single-family residence upon approval of the area variance for the reduction to the front, rear, Donner Lake highwater elevation setback and to exceed the required 40% lot coverage; and incorporation of the recommended conditions of approval, it can be determined the proposed project is consistent with this required finding. w The use will have no significant adverse effect on abutting property or the permitted use thereof. The reduction of the Donner Lake highwater elevation setback will have no significant adverse effect on abutting properties or the permitted use thereof in that the setback reduction is along the rear of the property fronting Donner Lake and there is substantial separation between development on adjoining parcels. Granting the setback reduction from the Donner Lake highwater elevation will not significantly effect the use of the single-family residence to the east nor the public beach and pier to the west. 2 Resolution 99-45 Page 3 10. I1. The project is consistent with the Town of Truckee General Plan, The project is classified on the Town of Truckee General Plan £and Use Plan as "RES 3- 4 du/acre ~' (Residential 3-4 dwelling units per acre). The project is consistent with the general plan designation in that the land uses allowed in this designation are all residential uses. The proposed project is a single-family residence located in the RI (single-family residential) zoning district. The proposed project is consistent with the .finding set out in Section 3.49 of the Zoning Ordinance. There is no probability of substantial detriment to or interference with the General Plan. The approval of the project will not eliminate planning options addressed in the General Plan. Adequate public services exist within the project area and are available to serve the project. Electric service will be provided to the single-family residence by the Tahoe Donner Public Utility District. Water will be provided by' the Del Oro Water Company. Sewer services will be provided by the Truckee Sanitary District. ~tH responsible agencies have indicated that there are adequate services to serve the single-family residence. That a road development fee shall be paid pursuant to the provisions of Town Ordinance as a condition of project approval. This project involves the replacement of an existing structure and this road development fee does not apply. The conditions of approval are reasonable, adequate and necessary to protect the public health, safety and general welfare. The conditions of approval are applied to the proposed project to ensure the water quality of Donner Lake is protected during the demolition and construction of the single-family residence proposed within the l O0-yearJToodplain setback. The project is consistent with the purpose and intent of Section 3.18 Setbacks Requirements from Flood Plains, Streams, Lakes and Canals of the Town of Truckee Zoning Ordinance. The proposed project will minimize the public and private losses due to the .flood conditions in that the project is proposing to reconstruct the single-family residence farther from the floodplain than its current situation. ,4dditionally, the environmental damage will be minimized in that the existing residence located within and along the floodplain will be removed and placed farther away from the historical highwater mark. The Regional Water Quality Control Board, Lahontan Region, had no objections to the proposed project. 3 Resolution 99-45 Page 4 The foregoing Resolution was introduced at a Regular Meeting of the Truckee Town Council, held on the 2~ day of September, 1999, by Councilmember Drake, who moved its adoption, and which motion was duly seconded by Councilmember Florian, was upon roll call camed and the Resolution adopted by the following vote: AYES: Councilmembers Drake, Florian, Schneider and Mayor Susman NOES: None ABSENT: Couneilmember McCormack ayor Attest: V~cki C~ Sode~rqu~st, (~MC~, Town Clerk 4