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HomeMy WebLinkAboutCity Council Resolution 2276 2276 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA REVEBMING A DECISION OF THE PLANNING COMMItSON WHEREAS, GEORGE HWANG, the applicant, has applied to the City of Saratoga for tentative building site approval and design review approval to construct a single family residence upon the property located at 19288 Bainter Avenue, such applications being identified as SDR-1605 and A-1102, and WHEREAS, on August 14, 1985, the Planning Commission of the City of Saratoga conducted a public hearing on said applications, and following the conclusion thereof, the Planning Commission approved the applications; and WHEREAS, SUZANNE SHANKLE has appealed the decision of the Planning Commission to the City Council; and WHEREAS, on September 18, 1985, 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, minutes of proceedings conducted by the Planning Commission relating to said applications, 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 18, 1985, by a vote of five to zero, did resolve as follows: 1. The appeal from the Planning Commission was upheld and the decision of the Planning Commission was reversed. 2. The City Council found and determined as follows: (a) The proposed building site does not comply with the zoning regulations of the City in that the average slope of the area in which the residence will be constructed exceeds thirty percent. An alternate building site is already available and should be utilized for the new structure. (b) The project involves excessive grading and fails to preserve the natural topography. (c) The proposed residence wilt adversely affect the views and privacy of adjacent property owners. -1- (d) The size of the proposed residence is not compatible with other dwellings in the area and construction thereof would result in a perception of excessive bulk. 3. The City Council further ordered that payment of the application fees be waived if new applications for building site aptoval and design review approval are filed within six months from September 18, 1985. Such waiver shall not apply to costs normally collected by the City in connection with the processing of such applications. 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 2nd day of October, 1985, by the following vote: AYES: Councilmembers Callon, Hlava and Mayor Clevenger NOES: None ABSENT: Councilmemt~rs Fanelli and Moyles Mayor ~/ ATTEST: City Clerk C~ ..... -2-