HomeMy WebLinkAboutCity Council Resolution 2622...... ]l]MSOL~FFlOR NO.: 2622
RESOL~ON OF THE CITY COUNCIL OF THE
CITY OF SARATOGA RMVERSING A DECISION OF
THE PLANNING COMMMSION
WHEREAS, IRA VELINSKY and MAYUMI VELINSKY, the applicants, have
applied to the City of Saratoga for variance approval to allow an 8 foot front yard
setback where 35 feet is required for a new single family residence to be constructed
upon property located at 15839 Hidden Hill Road, such application being identified as
V-89-043, and
WHEREAS, on November 25, 1989, 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 December 20, 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 December 20, 1989, by a vote of 3-2 with Councilmembers Moyles and
Stutzman dissenting, did resolve as follows:
1. The appeal from the Planning Commission was upheld and the
decision of the Pinning Commission was reversed.
2. The City Council was able to make the findings required for granting
the variance, based upon the following circumstances:
(a) A strict or literal interpretation of the Zoning Ordinance would
result in practical difficulty or unnecessary physical hardship
inconsistent with the objectives of the Ordinance in that the
property is bisected by a ravine which restricts the buildable
area necessitating the granting of a variance in order to
construct a residence which does not adversely impact this
natural landform.
(b) Exceptional or extraordinary physical circumstances exist that
are applicable to the property involved or to the intended use of
the property which do not apply generally to other properties in
the same zoning district in that the usable building pad is
located in the extreme northeast corner of the site which
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greatly limits the area suitable for building a residence that
conforms with City setback standards.
(c) Strict or literal interpretation and enforcement of the specified
regulation of the Zoning Ordinance would deprive the applicant
of privileges enjoyed by owners of other properties classified in
the same zoning district in that other owners of properties in
the HC-RD district are permitted to construct similarly sized
single family homes on portions of their properties not
constrained by topographic features such as a ravine.
(d) Granting the variance will not be detrimental to the public
health, safety or welfare, or materially injurious to properties
or improvements in the vicinity in that the residence nearest
the front yard encroachment is substantially below the subject
property and is separated by a large level setback area which
minimizes visual intrusion to this adjacent property. A unique
circumstance also exists in that the front yard of the subject
property abuts the side yard of the neighboring property. A
distance of 181} feet will separate the proposed dwelling from
the existing structure on the adjacent property. Further,
landscaping to be removed by the proposed construction will be
replaced by the applicant as a condition of this variance
approval.
(3) The variance is granted, subject to all of the following conditions:
(a) All conditions contained in Resolution No. DR-89-013 are
incorporated herein by reference and shall remain in full force
and effect.
(b) In accordance with conditions of DR-89-013, the applicant shall
include appropriate landscape material in the required
landscape plans to compensate for the removal of the two
ordinance size trees.
(e) A topographic survey shall be made of the property by an
independent civil engineer selected by the City. The cost of
such survey shall be paid in advance by the applicants. Based
upon this survey, the engineer shall determine the average slope
of the property, in accordance with Section 15-06.630 of the
Zoning Ordinance. Such average slope shall then be utilized for
the slope adjustment required under Subsection 15-45.030(c) of
the Zoning Ordinance and the allowable floor area shall be
calculated after making such adjustment. If the allowable floor
area as so determined is less than the proposed dwelling, the
size of the structure shall be reduced to conform with the
allowable floor area and revised plans reflecting such reduction
shall be submitted for approval by the City Council. If the
allowable floor area as so determined is equal to or greater
than the proposed dwelling, no further action shall be required.
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The above and foregoing resolution was passed and adopted at a regular meeting
of the Saratoga City ODUnCil held on the third dav of ,lanuarv,
1990, by the following vote:
AYES: Counc~s Anderson, Moyles, Peterson, Stutzman and Mayor Clevenger
NOES: Ncme
ABSENT~bne ~
ATTEST: