HomeMy WebLinkAboutCity Council Resolution 2622.1 RESOLUTION N0.= 2622-1
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF 8aI~ATOGA REVERSIN3 A DECISION OF
TIE PLANNING COMMISSION
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 Midden 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, 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 Planning Commission was
reversed.
2. The City Council was able to make the findings
required for granting the variance, based upon the
following circumstances:
(a) The variance is necessary because of special
circumstances applicable to the property,
including size, shape topography, location or
surroundings, strict enforcement of the
specified regulation, would deprive the
applicant of privileges enjoyed by the owners
of other properties in the vicinity and
classified in the same zoning district. Due
to the unusual topography, a 40 ft. deep
ravine, which bisects the property, the
suitability unconstrained building site lies
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in the northeast corner of the property which
requires a setback variance in order to develop
a home comparable to others in the
neighborhood.
(b) The granting of the variance will not
constitute a grant of special privilege
inconsistent with the limitations on other
properties in the vicinity and classified in
the same zoning district. Because other
property owners in the zone district enjoy
single family homes on property similarly
sized, the applicant is merely enjoying a
property right commonly seen throughout the
neighborhood. The variance is required to
enable the applicant to locate a home
comparable in size by Saratoga standards in the
most unobtrusive location.
(c) The granting of the variance will not be
detrimental to the public health, safety or
welfare, or materially injurious to properties
or improvements in the vicinity. The variance
is to a front yard setback which is adjacent
to the easterly neighboring parcel. Because
the adjacent home is set back a substantial
distance and the adjoining yard area is a level
pad substantially lower in elevation, the
visual impact of the reduced setback is
minimal.
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.
(c) 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
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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.
IT IS FURTHER RESOLVED that this Resolution shall
supercede and replace Resolution No. 2622 passed and adopted on
January 3, 1990.
The above and foregoing resolution was passed and adopted
at a regular meeting of the Saratoga City Council held on
the 18th day of April ,1990, by the following vote:
AYES: CouncilmembersAnderson, MDyles, Peterson, StutzmanandMayorClevenger
NOES: None
ABSENT: None
ATTEST:
City Clerk