HomeMy WebLinkAboutCity Council Resolution 2358 RESOLUTION NO: 2358
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA UPHOLDING A DBCISION OF THE PLANNING
COMMMSION
WIIEREAS, 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-1620 and A-1176, and
WHEREAS, on May 28, 1986, 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, Margaret Slemmons and others have appealed the decision of
the Planning Commission to the City Council; and
WHEREAS, on July 2, 1986, the City Council conducted a de novo public
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 July 2, 1986, by a vote of 3-2 with Councilmembers Clevenger and
Anderson dissenting, did resolve as follows:
1. The appeal from the Planning Commission was denied and the
decision of the Planning Commission was affirmed.
2. The recommended findings and conclusions set forth in the Staff
Report to the Planning Commission dated May 28, 1986, were
approved and adopted by the City Council and are incorporated
herein by reference. The Council specifically noted the following
considerations to support its decision:
(a) The home has been relocated on the site in a manner so as to
avoid having the building envelope upon an average slope in
excess of 30%.
(b) As reduced in size from an earlier proposal rejected by the City
Council, the modified plan is compatible with other homes in
the immediate vicinity. The neighborhood is currently a
mixture of both larger and smaller houses and compatibility
should not be judged strictly on the basis of the smaller homes.
-1-
(e) The home has been designed with a step foundation which
serves to reduce the quantity of grading, preserve the natural
topography, and otherwise mitigate the environmental impact
of the structure.
(d) The site is over three acres in size and therefore it can
accommodate the scale of the structure proposed by the
applicant without creating an appearance of excessive bulk. In
addition, the site is presently occupied by three existing
residences which will be removed. The impervious coverage
and bulk of the new structure will not substantially exceed the
coverage and bulk that now exists upon the site.
3. As a condition of building site and design review approval, the site
shall be inspected by the City Geologist to determine whether the
areas underneath the proposed structure having a slope in excess of
40% between two 5-foot contour lines are natural slopes or artifically
created. If such slopes are natural, the building site and design
review approvals shall be conditioned upon the applicants obtaining a
variance pursuant to Article 15-70 of the Zoning Ordinance and an
exception pursuant to Article 14-35 of the Subdivision Ordinance. All
fees and expenses of the City Geologist shall be paid by the
applicants.
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 16th day of July, 1986,
by the following vote:
AYES: Councilmenke~s Anderson, Clevenger, Moyles, Peterson, and Mayor Hlava
NOES: None
ABSENT: None
ABSTAIN: None
ATTL
"CITY CLERK
-2-