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07 Deny Appeal 97-100-CUPTown of Truckee California RESOLUTION NO. 98-07 A RESOLUTION OF THE TRUCKEE TOWN COUNCIL DENYING AN APPEAL OF LAND USE APPLICATION 97-100/CUP WHEREAS, on February 19, 1998 the Town Council considered an appeal of a December 10, 1997 Zoning Administrator action to conditionally approve land use application 97-100/CUP proposing the establishment of an unrestricted second residential dwelling unit on Assessor Parcel Number 17-301-57; and WHEREAS, upon accepting and considering all public input and information received on the application and related deliberation and discussion, the Town Council acted to deny the appeal, upholding the Zoning Administrator's action to conditionally approve land use application 97- 100/CUP; and WHEREAS, the Town Council made findings in support of the action to deny the appeal as specifically referenced within this Resolution; and THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TRUCKEE, the appeal of the Zoning Administrator decision to approve land use application 97- 100/CUP is hereby denied, and the Zoning Administrator's action to conditionally approve the application is upheld. BE IT FURTHER RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TRUCKEE, the project staff reports and minutes of the December 10, 1997 and February 19, 1998 public meetings are incorporated by reference and provide a factual basis for denial of the appeal. The Town Council makes the following findings in support of denial of the appeal: I. The site is adequate in size and shape to accommodate the proposed use and all development features required by the Town Zoning Ordinance, Article 8, R1 - Single Family Residential District, and Article 3, General Provisions, Section 3.33, Second Dwelling Units. The second residential unit is entirely contained within the existing single family residence, constructed to satisfy the development standards contained within the applicable R1, Single Family Residential, zoning district. The application submittal and conditions imposed upon the project approval detail and/or ensure conformance with the requirements for second residential units, including required on-site parking, snow removal from parking areas, size of the second unit, and occupancy/use of the second unit and single family residence. 2. The site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and type of traffic generated by the proposed use. The existing conditions of the streets providing access to the project site are constrained during winter snow removal months, however are adequate in width, turning movement capability, pavement type, and carrying capacity to accommodate the increased traffic volumes associated with the approval of this project and the cumulative impact associated with future potential second dwelling units within the subdivision and in providing adequate fire protection access as verified by the Truckee Fire Protection District. 3. The use will have no significant adverse effect on abutting property or the permitted use thereof. The development standards applicable to second residential dwelling units, particularly those pertaining to on-site parking, size of the unit, and use of the unit, ensure that the character and integrity of the single family residential neighborhood is not compromised. 4. The project is consistent with the Town of Truckee General Plan. Support for this specific finding is contained within the Town Council and Zoning Administrator staff reports prepared for this project and documented within the public record and specifically the staff report discussions entitled General Plan Consistency. 5. The attached conditions are reasonable, adequate and necessary to protect the public health, safety and general welfare. The conditions imposed upon the project approval are consistent with the requirements for the establishment of a second residential unit intended to ensure compatibility with surrounding residential land uses. The clarifications and notations made to the conditions of approval by the Zoning Administrator in response to public comment and concerns have been developed to better protect the neighboring properties. 6. Adequate public services exist within the project area and which are available to serve the project. The adequacy of the existing public services, including fire protection, domestic water, and sanitary sewer service, has been verified with the various responsible service providers. The increased demand upon these services associated with the approval of this project and the cumulative impact associated with future potential second dwelling units within the subdivision can adequately be accommodated utilizing the existing infrastructure improvements. The foregoing Resolution was introduced at a regular meeting of the Town Council of the Town of Truckee, held on the 5th day of March, 1998, by Councilmember McCormack who moved its adoption, which motion being duly seconded by Councilmember Susman was upon roll call carried and the Resolution adopted by the following vote: AYES: NOES: None ABSENT: None ATTEST: ~tephen L. Wr}ght, To~vn Cler~ Councilmembers Drake, McCormack, Schneider, Susman & Mayor Florian R'o~ald [lorian, Mayor