HomeMy WebLinkAboutCity Council Resolution 132 RESOLUTION NO. 132
RESOLUTION ON APPEAL - ~-33
WHEREAS an appeal to the City Council has been
taken by GEORGE J. RATTY, pursuant to Sections 16.7,
16.8, and 16.11 of Ordinance NS-3 of this City, from
the decision rendered on August 13, 1962, of the Saratoga
Planning Commission confirming the suspension of said
ap'plicant's use permit for the 'premises known as
'Wildwood Park", and
WHEREAS said hearing on appeal has been regularly
continued from its hearing date of September 5, 1962, to
September 19, 1962, at which time on said hearing on appeal
said Council determined, by a majority vote of its members
present, that it wo.u]d be more Just and equitable to have
a hearing de~."novo on the same, and by such majority vote
ordered such hearing be held thereon on the 19th day of
September, 1962, at the hour of ~;..~O o~"clock P.M. of
said day at the Fruitvale School Auditorium, Fruitvale
School, Fruitvale Avenue, Saratoga, California, at which
time and 'place said hearing de novo was held, and
WHEREAS at said hearing new and additional evidence
has been introduced on behalf of Appellant which evidence
was not before the said Planning Commission, and which
evidence satisfies this Council that no further use of
said Wildwood Park property will be made for the use or
uses a~ enumerated in said use permit, from and after
October 1, 1962, and the Council finding that under the
circumstances of this limited use that there has been sub-
stantial compliance with the conditions of said use permit
to date, and that Appellant has met the burden of proof
required,
-1-
NOW, the City Council of the City of
Saratoga hereby resolves as follows:
SECTION 1: That this Council finds that the above
........ recitals are true and correct, and
further that Applicant is abandoning, as of October
1962, the use as mere particularly set forth in
the Planning Commission Resolution and Use Permit
No. UP-33-1 of this City.
SECTION 2: That there has been substantial com-
pliance by Ap~ with all the
conditions of the Use Permit, and the
of said Use Permit be and the same is hereby
revoked, .said Use Permit to remain operative under
all the conditions thereof to October 1, 1962,
save and except that no further compliance need
be made of ,Condition 1 of said permit°
SECTION 3: The decision of the Planning Commission
of the City of Saratoga of August 13,
1962, is hereby modified in accord with the foregoing°
The above and foregoing resolution was passed and
adopted at a regular meeting of the City Council of the City
of Saratoga held on the 19th day of 1962, by the
following vote:
AYES: Brazil, Glennon, Drake, Hartman
NOES: None
ABSENT: Ritchie
ATTEST: