HomeMy WebLinkAboutCity Council Resolution 14-V-160-1 RESOLUTION ON APPEAL FRO~I PLANNING COMMISSION DECISION
WHEREAS, the City of Saratoga Planning Commission has heretofore
denied the application of Ernest Westbrook for a variance from re-
quired 150 ft. site width to 130 ft. site width, which action has
been appealed to, and a hearing on appeal held thereon by, the
Saratoga City Council, in accord with Ordinance 3A-11 of said
and
WHEREAS, a hearing de novo was not held on said action, and
W}~EEEAS, it appears that there was not substantial evidence pre-
sented to the Planning Conm~ission on which it based a portion of
decision, but there was substantial evidence presented to said Com-
mission upon which it based other portions of it's said decision,
and that by reason of the it appears just and equitable that
said decision be reversed, and a variance be granted as hereafter'
set forth,
NOW, THEREFORE BE IT RESOLVED:
1. The decision of the Planning Commission is hereby re-
versed, and Applicant is hereby granted a variance from
required 150 ft. site width to the site width as shown
on Record of Survey map dated ~ay, 1959 and attached hereto
as Exhibit "A~, subject to each of the following conditions:
None
2. The report of findings of this Council on review, sub-
stantiated by the evidence presented to the Planning
Con~dssion, is attached hereto as an Exhibit and in-
corporated herein by reference.
Passed and adopted by the City Council of the City of Saratoga
this 18th day of November, 1959, by the following roll call vote:
AYES: Brazil, Glennon, Jepson, Rosasco, Langwill
NOES: None
ABSENT: None ....
ATTEST::
CITY CLERK
-2-
File No. V-t60
REPORT OF FINDINGS
The application for a Variance on behalf of
ETnes t WestbToek
e howe"
1. That there are special conditions or exceptional charac-
terlstlc~ in the nature of the property to be affected or
that it's location, or lt's surroundings are such as will
permit the Commission to make a determination that a literal
enforcement of the Ordinance would result in practical diffi-
culties or unnecessary hardships; and
2. That the grantin~ of the application is necessary for the
preservation and enjoyment of substantial ~oroperty ri~hts; and
3. That the ~ranting of the application will not materially affect
adversely the health or safety of persons resl:dln~ cr workleg
in the neighborhood of the property which Is the subject of
the application, .an~ that th-, use of s~a~ property i~ the
manner in which. it is proposed to be used will not be materially
detrimental to the public welfare cP ~nJurious to the v3iue of
property or improvements locate~ in said surroundings.
File No. V-160
REPORT OF FINDINGSX
The application for a Variance on behalf of
Ernest Westbrook shows:
1. That there are special conditions or exceptional charac-
teristics in the nature of theproperty to be affected or
that it's location, or it's surroundings are such as will
permit the Commission tom~ke a determination that a literal
enforcement of the Ordinance would result in practical diffi-
culties or unnecessary hardships; and
2. T~at %he granting of the application is necessary for the
preservation and enjoyment of substantial property rights; and
3. That the granting of the application will not materially affect
adversely the health or safety of persons residing or working
in the neighborhood of the property which is the subject of
the application, and that the use of said property in the
manner in which it is proposed to be used wi!]. not. be materially
detrimental to the public welfare or injurious to the value of
property or improvements !ccated in said surroundings.