HomeMy WebLinkAboutCity Council Resolution 2602 RE$OLUI'ION NO: 2602
RE3OLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA UPHOLDING AND
HODXI~YING A Di~C]BIOH OF THE PLANNING
COMMisSION
WHEREAS, Jerry Butler, the applicant, has applied to the City of Saratoga
for design review approval to construct a two story residence upon the property
located at 20440 Montalvo Heights Drive, such application being identified as DR-89-
062, and
WHEREAS, on August 23, 1989, the Planning Commission of the City of
Saratoga conducted a public hearing on said application, and following the conclusion
thereof, the Planning Commission approved the application; and
WHEREAS, Judy Magnuson has appealed the decision of the Planning
Commission to the City Council; and
WHEREAS, on October 4, 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 proeeedings eondueted 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 October 4, 1989, by a vote of 4-0-1 with Councilmember Anderson
abstaining, did resolve as follows:
1. The appe. al from the Planning Commission was denied and the
decision of the Planning Commission was affirmed and modified as
set forth below.
2. The City Council agreed with the findings and determinations made
by the Planning Department and the Planning Commission, as set
forth in the Staff Reports dated August 23, 1989, and October 4,
1989, and Resolution No. DR-89-062 adopted by the Planning
Commission on August 23, 1989, and the same are incorporated
herein by reference. The City Council specifically noted that all of
the other homes within the immediate vicinity were two story
structures. Moreover, there would only be a 4 foot difference in
height between a single story and a two story residence. The City
Council did not agree with the appellanrs claim that her view would
be unreasonably impaired, or could be significantly improved if the
house was changed to a single story structure.
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3. The proposed residence will be approximately 120 feet from the
appellanrs residence and landscaping will be installed between the
properties. The distance between structures, in itself, provides
sufficient mitigation against privacy impact on appellanrs property
and there is no need to eliminate the three windows on the south
elevation of the proposed residence, as directed by the Planning
Commission. The condition for removal of such windows is therefore
deleted and the windows may be installed in accordance with the
original plans.
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 18th day of
Octqber . ,1989, by the following vol~e:
AYES: Councilmenbers Anderson, Peterson, Stlltzraan and Mayor Clevenger
NOES: Nc~e
ABSENT: Counci~ Moyles
ABSTAIN:
Mayor ~
ATTEST:
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