HomeMy WebLinkAboutCity Council Resolution 2686 RESOLUTION NO. 2686
A RESOLUTION OF THE CITY COUNCIL
Ol~ THE CITY OF SARATOGA
AFIqRMING A DECISION OF THE PLANNING COMMISSION
WHEREAS, DONALD HEAD, the applicant and owner of the property
located at 14684 Pike Road, has applied to the City of Saratoga for a variance to
extend an existing perimeter fence to 8 feet in height where 6 feet is allowed, such
application being identified as V-90 -018; and
WHEREAS, on June 13, 1990 and July 11, 1990 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, Pamela Lavin has appealed the decision of the Planning
Commission to the City Council; and
WHEREAS, on September 5, 1990, 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 5, 1990, by a vote of 4-1, with Councilmember Kohler
dissenting, did resolve as follows:
1. The appeal from the Planning Commission was denied and the
decision of the Planning Commission was affirmed.
2. The City Council was able to make the findings required for granting
the 2 foot height variance for the same reasons as set forth in the
Staff Report to the Planning Commission dated June 27, 1990, and
Resolution No. V-90-018 adopted by the Planning Commission on
July 11, 1990, and said Staff Report and Resolution are incorporated
herein by reference. The Council additionally noted that:
(a) The applicanrs property is unique in terms of its orchards and
landscaping, which are being threatened by deer. Aside from
the many fruit trees, numerous species of valuable plants also
are maintained on the site. The property constitutes a special
resource within the City that ought to be preserved and
protected, and for this reason, there are tmusual circumstances
to justify the granting of a variance and such action would not
establish a precedent.
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(b) The fence will be open wire in design and will be screened
by landscaping. Consequently, the fence will not
interfere with the visibility of open space provided by the
property.
(e) The deer will have off-site access to water originating
from a spring on the applieanrs property and the proposed
fence will not interfere with the movement of other
wildlife in the area.
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 19th day of
September, 1990, by the following vote:
AYES: Councilmembers Anderson, Clevenger, Kohler, Monia, and Mayor Stutzman
NOES: None
ABSENT: None
M~yor ~
ATTEST:
City Clerk
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