HomeMy WebLinkAboutCity Council Resolution 2433 I~ESOLUTION NO: 2433
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
UPHOLDING A DECISION OF THE PLANNING COMMISSION
WHEREAS, on November 13, 1985, the Saratoga Planning Commission granted
to Charles Bolander (the "Applicant") a Second Unit Use Permit to establish and
operate a second unit upon the property located at 14231 Douglass Lane, subject to
compliance by the Applicant with various conditions as listed in the Staff Report to
the Planning Commission dated November 13, 1985 relating to Application #SUP-12;
WHEREAS, on January 14, 1987, the Planning Commission conducted a public
hearing to determine whether the Second Unit Use Permit should be revoked by
reason of the Applicant's failure to satisfy the conditions of such use permit; and
WHEREAS, upon finding that the conditions had not been satisfied, the public
hearing was continued on March 25,1987, April 8, 1987 and April 22, 1987 for the
purpose of allowing the Applicant additional time to satisfy such conditions; and
WHEREAS, on May 13, 1987, upon finding that the conditions still had not been
satisfied, the Commission revoked the Second Unit Use Permit; and
WHEREAS, the Applicant has appealed the decision of the Planning
Commission to the City Council; and
WHEREAS, on June 17, 1987, 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 concerning the
revocation of the Second Unit Use Permit, 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 June 17, 1987, by a vote of four to one with Councilmember Hlava 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 Council found and determined that the Applicant had failed to
present any justifiable reason for the long delay in satisfying the
conditions of the Second Unit Use Permit, despite being given repeated
opportunities to do so.
3. Pursuant to Section 15-55.120 of the City Code, the Second Unit
Use Permit was revoked with prejudice, reflecting the intention of the
City Council to prohibit the filing of a new application for a Second Unit
Use Permit until the expiration of at least one year from the date of
revocation.
The above and foregoing Resolution was passed and adopted at a regular
meeting of the City Couneil of the City of Saratoga held on the 1st day of July,
1987, by the following vote:
AYES: Councilmembers Anderson, Clevenger, Hlava, Moyles and Mayor Peterson
NOS: None
ABSENT: Ncme ~~~~--4,~
MAYOR
ATTEST:
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CITY CLERK