HomeMy WebLinkAboutCity Council Resolution 2470 EE,~OLUTION NO.: 2470
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA REVERSING AND
REMANDING A DECISION O1~ THE PLANNING
COMMISSION
WHEREAS, DAVID CUNNINGHAM and FRAN BARNETT, the applicants,
have applied to the City of Saratoga for approval to modify a previously granted
design review approval for the construction of a single family residence at 14230 Paul
Avenue, by increasing the front setback of the house, decreasing the rear setback and
reducing the size of the garage, changing the roof pitch from 5:12 to 2:12, and
changing the rear elevation of the house such application being identified as DR-87-
048.1, and
WHEREAS, on February 10, 1988, 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 applicants have appealed the decision of the Planning
Commission to the City Council; and
WHEREAS, on March 16, 1988, 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
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 March 16, 1988, by a vote of 5-0 did resolve as follows:
1. The appeal from the Planning Commission was upheld and the
decision of the Planning Commission was reversed with respect to the increased front
setback of the house, the reduced rear setback of the garage and the modified rear
elevation of the house. Such modifications were approved by the City Council, subject
to the following conditions:
(a) The size of the rear balcony shall be reduced from 8' x 6' to 3' x
6~.
(b) The bedroom and bathroom windows and the French doors in the
second story portion of the rear elevation shall be etched or
opaque glass so as to restrict visibility to the adjacent property.
(c) A fence 6 feet in height shall be installed along the rear
property line.
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(d) Landscaping, as approved by the Planning Director, shall be
installed in the backyard to mitigate privacy impact.
With the mitigation measures required above, the City Council was able to make the
design review finding that the residence, as relocated and modified, would not create
an unreasonable interference with the privacy of the adjacent property owners. The
Council further determined, on the basis of the evidence submitted, that the
modification did not ereate any greater adverse impact upon the view of the adjacent
property owners than the impact of the structure as originally approved.
2. The requested modification of the roof pitch from 5:12 to 2:12 was
remanded back to the Planning Commission to consider possible ways in which the roof
design could be modified so as to mitigate the flat appearance of the existing roof. If
such a modification is determined and acceptable to both the applicants and the
Planning Commission, an approval thereof by the Planning Commission will be final
and no further action by the City Council will be required.
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 6th day of April, 1988,
by the following vote:
AYES: Counci/Eent~rs Andera. son, Clevenger, [{tava, l~Dyles and Mayor Peterson
NOES: None
ABSENT:None ~-~~
ATTEST:
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