HomeMy WebLinkAboutCity Council Resolution 2013 RESOLUTION NO. 20] 3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA REVERSING A DECISION OF THE PLANNING
COMMISSION, MAKING REQUISITE FINDINGS, GRANTING
A VARIANCE AND APPROVING DESIGN REVIEW FOR
V-592 AND A-833
WHEREAS, applicant Walter E. Muir has requested Design
Review and Variance approval to construct an addition to an existing
dwelling; and
WHEREAS, said proposed addition is not in conformity
with Ordinance NS-3.47, Section 5(a), regarding maximum floor area
ratio; and
WHEREAS, Section 6 of Ordinance NS-3.47 provides that
an exception to said ordinance may be granted by the Planning
Commission through the variance procedure as set forth in Section
17 of the Zoning Ordinance; and
WHEREAS, on August 11, 1982, the Planning Commission
held a public hearing on applicants' request for Design Review
and Variance approval and after said public hearing denied said
request; and
WHEREAS, applicants have appealed the Planning Commission's
decision to the City Council pursuant to Section 17.7 of the Zoning
Ordinance; and
WHEREAS, on September 15, 1982, the City Council held
a de novo public hearing and after the closing of said public hearing
reviewed and considered the applicants' request, staff reports,
minutes of the Planning Commission meeting of August 11, 1982, 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 follows:
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1. The applicants' appeal from the Planning Connnission
is granted and the decision of the Planning Conunission 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, Design Review
for V-592 and A-833 is hereby approved, and a Variance to Sections
5(a) and 5(b) of Ordinance NS-3.47 is hereby granted.
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 6th day of 0ct0ber , by the following
vote:
AYES: Councilmembers Clevenger and Mallory
NOES: None
ABSENT: Mayor Call0n
ABSTAIN: Councilmembers Fanelli and Moyles ~'
ATTEST:
CITY CLERK Y
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EXHIBIT "A"
FINDINGS
1. Strict or literal interpretation and enforcement
of the specified regulation would result in practical difficulty
or unnecessary physical hardship inconsistent with the objectives
of the Zoning Ordinance in that the Community College on the
opposite side of the Street has constrained the full and effective
use and enjoyment of the site as designated under the general
purposes of the Zoning Ordinance.
2. There are exeptional or extraordinary circumstances
or conditions applicable to the property involved or to the intended
use of the property which do not apply generally to other properties
classified in the same Zoning District in that there exists and
will be retained a very large front setback and there is no impact
on the privacy of adjacent properties.
3. Strict or literal interpretation and enforcement
would deprive the applicant of privileges enjoyed by the owners of
other properties classified in the same Zoning District in that
other properties have been granted the privilege of exceeding the
standard floor area.
4. The granting of the variance will not constitute
a grant of special privilege inconsistent with the limitations
on other properties in the vicinity and in the same Zoning District
in that other properties have been granted the privilege of exceeding
the standard floor area.
5. The granting of this variance is not detrimental
to the public health, safety or welfare or materially injurious to
properties in the vicinity in that it will enhance the neighborhood
and there has been no testimony or evidence presented which claims
or tends to show detrimental or injurious effect to the public
health, safety or welfare.
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