HomeMy WebLinkAboutCity Council Resolution 2595 ]IESOL]ZrlON NO. 2595
REBOLU'MON OF THE CITY COUNCIL OF THE
CITY OF 8AiLATOGA RKVBBSING A DECISION OF
THE PLAMND~G COM~]BSION
WHEREAS, DAVID NOLLER and ANNE NOLLER, the applicants, have
applied to the City of Saratoga for a variance to construct a cabana which, when
added to the size of the existing residence, will exceed the allowable floor area for the
applicants' property located at 15243 Montalvo Heights Court, such application being
identified as V-89-0 16, and
WHEREAS, on July 26, 1989, the Planning Commission of the City of
Saratoga conducted a public hearing on said applications, and following the conclusion
thereof, the Planning Commission denied the applications; and
WHEREAS, the applicants have appealed the decision of the Planning
Commission to the City Cou_neil; and
WHEREAS, on September 6, 1989, 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 September 6, 1989, by a vote of 4-0 with Councilmember Peterson absent,
did resolve as follows:
1. The appeal from the Planning Commission was upheld and the
decision of the Planning Commission was reversed.
2. The City Council was able to make all of the f~ndings required for the
granting of a variance, based upon the following considerations:
(a) The cabana is being constructed substantially below grade and
will eliminate the need for retaining walls that otherwise would
be required because of the topograhy and configuration of the
site.
(b) The other homes within the immediate neighborhood were
constructed prior to the adoption of the current design review
ordinance and are larger in size than the proposed development.
The allowance of a cabaria would be consistent with the
character of the neighborhood and would not constitute the
granting of a special privilege.
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(c) The site is adjacent to a large institutionally-owned property
which is unlikely to be developed, or even if developed, will not
- have structures in close proximity to the cabana.
(d) The proposed cabana will create no adverse visual or other
impacts upon surrounding properties and will not be detrimental
to the public health, safety or welfare.
***
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 20th day of
September, 1989, by the following vote:
AYES: Councils Anderson, Moyles, Peterson, Stutzm~n and Mayor Clevenger
NOES: None,
AMENT: None
ATTEST: ~