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HomeMy WebLinkAboutCity Council Resolution 2339 PaSOLUT]ON NO. 2339 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA REVOKING FINAL BUILDING SITE APPROVAL FOR SDR-1585 AND SUSPENDING DESIGN REVIEW APPROVAL A-1040 WHEREAS, Albert Lorincz and Ann Lorincz ("the Applicants") were the owners of that certain real property located at 19605 Glen Una Drive, consisting of two lots of record designated as Parcel 1 and Parcel 2; and WHEREAS, the Applicants applied for tentative building site approval for Parcel 1, such application being identified as SDR-1585, and design review approval for a single-family residence to be constructed on Parcel 1, such application being identified as A-104O; and WHEREAS, tentative building site approval and design review approval were granted by the Saratoga Planning Commission on January 9, 1985, subject to the terms and conditions as set forth in the staff report to the Planning Commission dated January 4, 1985, as revised January 9, 1985; and WHEREAS, the tentative building site approval contained a specific condition for approval of the septic system and issuance of a permit therefor by the County Health Department, to be satisfied prior to the granting of final site approval; and WHEREAS, approval of the septic system was issued by the County Health Department based upon the understanding that the septic system servicing Parcel 2 was located entirely upon Parcel 2 and did not encroach upon Parcel 1; and WHEREAS, in reliance upon approval of the septic system by the County Health Department, final building site approval for Parcel 1 was granted by the Saratoga City Council on August 7, 1985; and WHEREAS, the Applicants have sold Parcel 2 and remain the owners of Parcel 1; and WHEREAS, upon discovery that a portion of the septic system servicing Parcel 2 may have been installed upon Parcel 1, the Planning Commission conducted a public hearing on April 23, 1986, to determine whether the final building site approval for Parcel I should be revoked and the design review approval for said Parcel suspended, at which time the Applicants and any other persons interested in the matter were given an opportunity to be heard; and WHEREAS, after considering the evidence presented at the hearing, the Planning Commission found and determined as follows: 1. Approval of the septic system by the County Health Department was based upon the assumption and understanding that the septic system servicing Parcel 2 was located entirely upon Parcel 2 and did not encroach upon Parcel 1. -1- 2. Upon further investigation by the County Health Department, said Department has concluded that a portion of the septic system servicing Parcel 2 is located upon Parcel 1 and such portion is currently in use. 3. Neither the County Health Department nor the City of Saratoga will permit the septic system for one site to encroach upon the area of an adjacent site. 4. The County Health Department has advised the City that its prior approval of the septic system was based upon incorrect facts, and by reason thereof, such approval should not have been granted. By letter to the City dated April ~17, 1986, the County Health Department has recommended a revocation of the final building site approval for Parcel 1. 5. No evidence was presented by the Applicants or any other person to dispute the findings and conclusions made by the County Health Department that the septic system servicing Parcel 2 is partially located upon Parcel 1. 6. Because the septic system has not been approved by the Health Department, the specific condition of tentative building site approval pertaining to the septic system has not been satisfied and the Applicants were not entitled to receive final building site approval. Such approval should therefore be revoked. 7. The design review approval for construction of a single-family residence upon Parcel 1 was specifically conditioned upon all conditions of the building site approval having been satisfied. Consequently, a revocation of the final building site approval would necessarily require a suspension of the final design review approval. WHEREAS, by resolution dated May 14, 1986, the Planning Commission has recommended to the City Council that the final building site approval for SDR-1585 be revoked and the design review approval for A-1040 be suspended; and WHEREAS, the City Council has reviewed the documents submitted to the Planning Commission by the City staff, the Applicants and other persons having an interest in the matter, together with the minutes of the proceedings conducted by the Planning Commission in connection with the proposed revocation and suspension of said approvals. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SARATOGA AS FOLLOWS: (a) The City Council concurs with the findings and conclusions of the Planning Commission, as set forth above, and the same are hereby adopted. (b) Final building site approval for Parcel 1 as granted pursuant to SDR- 1585 is hereby revoked on the ground that the Applicants have failed to satisfy the condition pertaining to approval of the septic system by the County Health Department. The tentative building site approval granted to Applicants shall remain -2- in full force and effect, having an initial expiration date of March 9, 1987, with possible extension thereof not exceeding a total of 36 months, as provided in the City's Subdivision Ordinance. (c) The design review approval granted pursuant to A-1040 is hereby suspended until such time as the condition pertaining to the septic system has been satisfied and a new final building site approval has been granted by the City Council. The design review approval shall similarly remain in force for an initial period expiring on January 9, 1987, with possible extension thereof not exceeding a total of 36 months, as provided in the City's Zoning Ordinance. (d) The revocation of final building site approval and suspension of design review approval shall not affect the approval by the Planning Commission of a lot line adjustment between Parcel 1 and Parcel 2 pursuant to application LL No. 6, or the setback variances for certain accessory structures located upon Parcel 2 as granted by the Planning Commission pursuant to application V-680, and such lot line and variance approvals shall remain in full force and effect. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Saratoga held on the 21st day of May, 1986, by the following vote: AYES: Councils Callon, Fanelli, Hlav~, MDyles and Mayor Clevenger NOES: Nc~e ABSENT: None MAYOR ~ ATTEST: City Clerk / -3-