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.
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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.
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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
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