HomeMy WebLinkAboutCity Council Resolution 2438 2438
RESOLUTION NO.:
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA
REVERSING A DECISION OF THE PLANNING COMMISSION
WHEREAS, ;IAME8 GREGORY, the applicant, has applied to the City of
Saratoga for a variance to allow construction of a new garage having a side yard
setback of 3 feet where 6 feet is required, such application being identified as
V-86-005, and
WHEREAS, on September 10, 1986, the Planning Commission of the City of
Saratoga conducted a public hearing on said application, and following the
conclusion thereof, the Planning Commission denied the application; and
WHEREAS, the applicant has appealed the decision of the Planning
Commission to the City Council; and
WHEREAS, on October 21, 1986 and November 5, 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 appeal was initially denied as a result of split votes by the
Councilmembers on October 21, 1986 and November 5, 1986; and
WHEREAS, on July 1, 1987, the City Council passed a motion to reconsider the
matter and a further hearing was thereafter conducted on August 19, 1987, at which
time any interested person was given the 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
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 August 19, 1987, by a vote of 3-2 with councilmembers Moyles and Hlava
dissenting, did resolve as follows:
1. The appeal from the Planning Commission was upheld an~] the decision of
the Planning Commission was reversed.
2. The City Council found and determined that by reason of the location of
the house upon the lot, access to the garage would be unreasonably
impaired if the garage is located 6 feet from the side property line.
Compliance with the zoning regulation would therefore cause a practical
difficulty and unnecessary physical hardship and deprive the applicant of
convenient use of his garage, which is a common privilege in the
neighborhood. Moreover, no evidence has been presented that the
variance will create any additional hazards beyond those which currently
exist. Consequently, the granting of a variance would not be detrimental
to the public health, safety and general welfare.
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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
September, 1987, by the following vote:
AYES: Councilmembers Anderson, Clevenger, Hlava, ~byles, and Mayor Peterson
NOES: None
ABSENT: None ~,~,~ ('~~__
MAYOR
Attest:
CITY CLERK
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