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RESOLUTION 2007 -013 <br />RESOLUTION UPHOLDING A PLANNING COMMISSION DECISION DENYING A REQUEST <br />TO CONSTRUCT AN ADDITION THAT EXCEEDS THE ALLOWABLE FLOOR AREA RATIO <br />ON PROPERTY ZONED R -1:8. <br />APN: 523 -12 -039 <br />ARCHITECTURE AND SITE APPLICATION S -02 -033 <br />PROPERTY LOCATION: 980 CHERRYSTONE DRIVE <br />PROPERTY OWNER OWNER/APPELLANT: JOAN HINKIN <br />WHEREAS: <br />A. This matter came before the Town Council for public hearing on January 16, 2007, and <br />was regularly noticed in conformance with State and Town law. <br />B. Council received testimony and documentary evidence from the appellant and all <br />interested persons who wished to testify or submit documents. Council considered all testimony and <br />materials submitted, including the record of the Planning Commission proceedings and the packet of <br />material contained in the Council Agenda Report dated January 11, 2007, along with subsequent reports <br />and materials prepared concerning this application. <br />C. The appellant is requesting an appeal of a Planning Commission decision denying a <br />request to construct an addition that exceeds the allowable floor area ratio on property zoned R -1:8. The <br />appellant proposed to construct a second story addition, which exceeded the floor area ratio by 685 square <br />feet. <br />D. The application was considered by the Planning Commission on November 8, 2006, <br />which acted to deny the project. <br />E. On January 9, 2007, the appellant submitted a revised plan to construct a 3,426 <br />square foot two story home with a 417 square foot garage and a 2,411 square foot cellar. The proposal <br />exceeds the allowable floor area by 453 square feet. The proposed cellar exceeds the first floor footprint <br />by approximately 300 square feet and is inconsistent with the Town's Cellar Policy. The maximum <br />