HomeMy WebLinkAboutCity Council Resolution 2178 RITaOLUTION NO. 2178
RESOLUTION OF THE CITY COUI~ICIL OF THE CITY OF
SARATOGA REVERSING AN ADMINISTRATIVE DECISION OF
THE PLANNING DIRECTOR
WHEREAS, Leon Moore, the applicant, has applied to the City of Saratoga
for a tree removal permit pursuant to Chapter 8, Article IV of the Saratoga City Code,
for removal of a tree upon the applieant's property located at 13465 Hammons Avenue;
and
WHEREAS, on August 14, 1984, the Planning Director of the City of
Saratoga denied the application; and
WHEREAS, the applicant has appealed the administrative decision of the
Planning Director to the City Council; and
WHEREAS, on September 5, 1984, the City Council conducted a de novo
hearing on the appeal, at which time any person interested in the matter was given an
opportunity to be heard; and
WHEREAS, the City Council reviewed and considered the staff reports
relating to said application, and the written and oral evidence presented to the City
Council in support of and in opposition to the appeal,
NOW, THEREFORE, the City Council of the City of Saratoga, at its
meeting on September 5, 1984, by a unanimous vote, did resolve as follows:
1o The appeal from the administrative decision of the Planning Director
was upheld and the decision of the Planning Director was reversed.
2. The City Council found and determined that the tree unreasonably
restricts the applieant's economic enjoyment of his property, based
upon the following considerations:
(a) The tree is located in close proximity to the existing residence
and its clearance from the structure will be further reduced
upon construction of a new addition to the residence which has
already been approved by the City.
(b) The tree is not full grown and if allowed to grow to its expected
size, the tree will interfere with and may cause damage to the
residential structure.
(e) The tree was planted by a former owner of the residence and is
not native to the property. The present and expected size of
the tree indicates that it was planted in the wrong location
relative to the improvements on the site.
(d) Although the applicant is encouraged to install replacement
landscaping to compensate for removal of the existing tree, the
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planting of a replacement tree shall not be a condition for
issuance of the permit.
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 September,
1984, by the following vote:
AYES: Councilmembers Callon, Clevenger, Hlava, Moyles and Mayor Fanelli
NOES: None
AYOR
ATTEST:
CITY CLERK J
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