HomeMy WebLinkAboutCity Council Resolution 1065 RESOLUTION NO. !0~.__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA REVERSING A DECISION OF THE PLANNING
CO!~MISSION, MAKING REQUISITE FINDINGS, DENYING
USE PERMIT UP-511
WHEREAS, applicants J. Teresi and B. Hagan have requested
Use Permit approval to construct 32 condominiums; and
WHEREAS, said proposed use is not in conformity with
Ordinance NS-3, Section 3.3, Article 4, and Article 16, regarding
Planned Residential Developments in R~l Districts; and
WHEREAS, Article 4 of Ordinance NS-3 provides that
exceptions to ordinance standards may be granted by the Planning
Commission through the Use Permit procedure as set forth in Article
16 of the Zoning Ordinance; and
WHEREAS, On December 9, 1981, the Planning Commission
held a public hearing on applicants' request for Use Permit approval
and after said public hearing approved said request~ and
WHEREAS, nearby residents have appealed the Planning
Commission's decision to the City Council pursuant to Section 16.7 of
the Zoning Ordinance; and
WHEREAS, on March 3, 1982, the City Council held a de novo
public hearing and after the closing of said public hearing reviewed
and considered the appellant's request, staff reports, minutes of the
Planning Commission meeting of December 9, 1981, and other evidence,
both written and oral, presented to the Council during said public
hearing;
NOW, THEREFORE, the City Council of the City of Saratoga
HEREBY RESOLVES as fol 1 ows:
I. The appellant's appeal from the Planning Commission is
granted and the decision of the Planning Commission is overruled.
2. The Council makes all of the findings as set out in
Exhibit "A" attached hereto and incorporated herein by reference.
3. Having made the appropriate findings, UP-511 is hereby
denied without prejudice.
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 l?thday of March , by the following vote:
AYES: Councilmembers elevenget, Jensen, Mallory, Watson, Mayor Callon
NOES: None
ABSENT: None
ATTEST:
CITY CLERK
Exhibit A
REPORT OF FIM3INGS
(Revised at Council Meeting of 3/17/82)
UP-511
1. The proposed location of the conditional use is not in accord with the
objectives of the Zoning Ord/nance and the purposes of the district in which
the site is located in that proposed density is too great for the area, and that
the two-story design along Buckhall ~Dad is incompatible with the adjacent
one-story residences.
2. The proposed location of the conditional use and the conditions under which
it ~Duld be operated or maintained will be detrimental to the public health,
safety, or welfare, or materially injurious to properties or improvements
in the vicinity in that traffic and drainage impacts have not been adequately
studied and that proposed setbacks are inadequate.