HomeMy WebLinkAboutCity Council Resolution 2526 P,~EBOLUTXON NO.: 2526
RF.,SOLIFrlON OF THE CITY COUNCIL OF THE
CITY OF SARATOGA UPHOLDING AN
ADMINISTRATIVE DECISION BY THE PLANNING
DIRECTOR
WHEREAS, RICHARD N. YUEN, the applicant, has applied to the City of
Saratoga for a permit to sell concealable weapons, such activity to be conducted as a
home occupation at the applicanrs residence located at 20711 Ashley Way; and
WHEREAS, on October 25, 1988, the Planning Director of the City of
Saratoga denied the application based upon his administrative determination that the
activity involved the keeping of stock-in-trade and the display of merchandise upon
the premises, thereby violating Paragraphs (a) and (k) of Section 15-40.010 of the City
Code regulating the conduct of home occupations; and
WHEI~EAS, the applicant has appealed the administrative decision of the
Planning Director to the City Council; and
WHEREAS, on November 16, 1988, the City Council conducted a de novo
review 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
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 November 16, 1988, by a vote of 5-0, did resolve as follows:
1. The appeal from the administrative decision of the Planning Director
was denied and the decision of the Planning Director was affirmed.
2. The City Council agreed with the determination by the Planning
Director that the receipt of merchandise by the applicant for later
delivery to the customer constituted the maintenance of stock-in-
trade. The home occupation ordinance contemplated sale of products
manufactured upon the premises, such as art or craft items, and not
the resale of products which are commercially manufactured
elsewhere. The nature of activity proposed by the applicant is
essentially equivalent to the conduct of a retail sales operation
within a residential zoning district, which is not permitted by the
home occupation ordinance.
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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 7th day of December,
1988, by the following vote:
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AYES: Councilarembers Clevenger, Peterson, Stutzman, and Mayor ;ruderson
ABSENT: Councilmember FDyles
City Clerk ~
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