HomeMy WebLinkAboutCity Council Resolution 01-045RESOLUTION NO. 01- 045
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
DENYING AN APPEAL FROM THE DECISION OF THE PLANNING COMMISSION;
APPLICANT/APPELLANT-ADLPARVAR; 13921 LOQUAT COURT; DR-01-014
WHEREAS, the City of Saratoga received an application for Design Review
approval for the construction of a new 3,369 square foot single-story home on a 10,083 square
foot lot with an existing 2,089 square foot single-story residence that would be demolished; and
WHEREAS, on May 9, 2001 the Planning Commission of the City of Saratoga
held a duly noticed public hearing on said application at which all interested parties were given a
full opportunity to be heard and to present evidence and following the conclusion thereof, the
Planning Commission voted to approve Design Review approval subject to various conditions;
and
WHEREAS, the decision of the Planning Commission was appealed to the City
Council of the City of Saratoga by the applicant, Mr. Hamid Adlparvar; and
WHEREAS, on June 20, 2001 the City Council conducted a duly noticed de novo
public hearing on the appeal at which time any person interested in the matter was given the full
opportunity to be heard and to present evidence; and
WHEREAS, the City Council reviewed and considered the staff report, minutes of
proceedings conducted by the Planning Commission relating to the application, and all written
and oral evidence presented to the City Council in support of and in opposition to the appeal.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Saratoga, as follows:
After careful consideration of the site plan, architectural drawings, plans, and other
exhibits submitted in connection with this matter, the appeal from the Planning
Commission is denied and the action of the Planning Commission approving the Design
review application is reversed, based on the following findings:
1. The height, elevations and placement on the site of the proposed residence, when
considered with reference to: (i) the nature and location of residential structures on
adjacent lots and within the neighborhood; and (ii) community viewsheds will, contrary
to section 14-45.080(a) of the Saratoga City Code, unreasonably interfere with views and
privacy of other residents in the neighborhood in light of the availability of siting and
design alternatives that would avoid such interference.
2. The design of the proposed residence in relation to structures on adjacent lots and
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to the surrounding region creates a visual impact of excessive bulk and is not integrated
into the natural environment contrary to section 14-45.080(c) of the Saratoga City Code,
in that the structure's design in relation to the land gives the appearance of excessive bulk
due to its height, proximity to adjoining properties and relationship to the street.
3. The bulk of the proposed residence is not compatible with existing residential
structures on adjacent lots and those within the immediate neighborhood and within the
same zoning district contrary to section 14045.080(c) of the Saratoga City Code due to
the bulk of the structure in relationship to the site; and
4. The proposed residence does not conform to each of the applicable design policies
and techniques set forth in the Residential Design Handbook and as required by Section
15-45.055(0 of the City Code in that the proposed residence (a) does not conform to
Policy 1 because the location of the structure on the site together with the design of the
structure make the structure out of scale with neighboring residences and (b) the proposed
residence does not conform to Policy 4 because the design of the structure and location
on the site would interfere with the views of adjacent properties in a manner that could be
avoided by alternative designs and locations on the site.
Nothing in this resolution shall be deemed to prejudice the ability of the applicant to
submit revised plans for consideration by the Planning Commission.
The above and foregoing resolution was passed and adopted by the Saratoga City
Council at a regular meeting held on the 18th day of July 2001.
AYES:
Councilmembers Evan Baker, Ann Waltonsmith, Vice Mayor Nick Streit
NOES: None
ABSENT: Councilmember Stan Bogosian, Mayor John Mehaffey
ABSTA1N: None
Nick Streit, Vice Mayor
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