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HomeMy WebLinkAboutCity Council Resolution 01-081RESOLUTION NO. 01-081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DENYING APPEAL OF DESIGN REVIEW APPLICATION (DR-01-007 ~ BSE-01-011) 19752 VERSAILLES WHEREAS, pursuant to Article 15-46 of the City of Saratoga Zoning Ordinance an application was made to the City of Saratoga for Design Review approval to construct a new 5,986 square foot, one-story residence and demolish the existing 3,822 square foot, single-story residence ar 19752 Versailles Way per "Exhibit A" and presented at the City Council meeting of October 3, 2001; and WHEREAS, following consideration and approval of the Design Review application by the Planning Commission on July 11, 2001, the decision of the Planning Commission was appealed by Yvonne and Hari Pillai in accordance xvith Article 14-85 of the Saratoga City Code; and WHEREAS, the City Council conducted a de novo public hearing on the matter at which time any person interested in the matter xvas given the full opportunity to be heard and to present evidence on July 11, 2001; and WHEREAS, the City Council considered the design review proposed by the applicant in the exhibit marked "Exhibit A," all as more particularly set forth in File No. DR-01-007 & BSE-OI-Oll of this City; 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 and in opposition to the application; and WHEREAS, the Advisory Agency and the City Council has conducted duly noticed public hearings in connection with this matter at which time all interested parties were given a full opportunity to be heard and to present evidence; and NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: SECTION 1. The City Council of the City of Saratoga hereby finds that: * 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 view sheds, will avoid unreasonable interference with views and privacy, in that: · The natural landscape will be preserved insofar as practicable by designing structures to follow the natural contours of the site and minimizing tree and soil removal; grade changes will be minimized and will be in keeping with the general appearance of neighboring developed areas and undeveloped areas and in that the The residence will be compatible in terms of bulk and height with (i) existing residential structures on adjacent lots and those within the immediate neighborhood and within the same zoning district; and (ii) the natural environment; and shall not (i) unreasonably impair the light and air of adjacent properties; nor (ii) unreasonably impair the ability of adjacent properties to utilize solar energy. The proposed site development or grading plan incorporates current grading and erosion control standards used by the City. The proposed residence ,vill 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. The City Council of the City of Saratoga does hereby add the following four conditions: 1. Revise the landscape plan to move the proposed new 36-inch box Coast Live Oak trees ~rom the east property line to the south portion of the lot. 2. Remove the three sLx-inch trees along the west property line and locate the three 36-inch box Coast Redwoods to the west property line where the three sLx-inch trees were located. 3. The deed to the property shall be recorded with the restriction that trees along the west property line shall not be removed without a tree removal permit from the City of Saratoga and notice and consent of the adjacent neighbor. The requirement of the consent of the adjacent neighbor, to the west, shall be waived ff it is determined by the City that the trees are a threat to public safety. 4. The pool equipment shall be located as shown on the plans (on the north-south center line of the property) but in addition be housed hq a small roofed shed that is no more than five feet high to reduce the noise impact to all the neighbors. SECTION 2. The appeal of Design Review DR-01-007 & BSE-01-011 is hereby denied. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 7h day of November, 2001 by the following vote: AYES: Councflmembers Evan Baker, Start Bogosian, Ann Waltonsmith NOES: None ABSENT: Vice Mayor Nick Streit ABSTAIN: Mayor John Mehaffey John~ehaffey, Mayor