HomeMy WebLinkAboutCity Council Resolution 91-09 iIXSOLUTZON NO. 91-Oc)
RESOLUTION OF THE CITY OF BARATOGA UPHOLDING
A DECISION OF THE PLANNING COMMISSION
V-90-019; DR-90-033 LEPOSAVIC
WHEREAS, Wayne Leposavic, the applicant, has applied to the
City of Saratoga for variance approval to exceed the allowable
floor area in relation to, and design review approval to
construct, a new single family residence upon an existing lot of
record located at 15134 Sperry Lane, such applications being
identified V-90-019 and DR-90-033; and
WHEREAS, on December 12, 1990, 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 applicant has appealed the decision of the
Planning Commission to the City Council; and
WHEREAS, on January 16, 1991, 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 applications, and the written and
oral evidence presented to the City Council in support of and in
opposition to the appeal;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Saratoga as follows:
1. The appeal from the Planning Commission is hereby
denied and the decision by the Planning Commission is
affirmed.
2. The applicant has not met the burden of proof required
to support the application for variance, and the City
Council makes the following findings:
(a) A strict or literal interpretation and enforcement
of the zoning regulation relating to allowable
floor area for a single family residence would not
result in a practical difficulty or unnecessary
physical hardship inconsistent with the objectives
of the ordinance, since the hardship alleged by
the applicant consists of a condition created by
the applicant.
1
(b) The granting of the variance will constitute a
grant of special privilege inconsistent with the
limitations on other properties in the same zoning
district in that the proposal for the variance
exceeds the allowable floor area for the district
and, therefore, would constitute a special
privilege for this property in relation to other
properties in the same zoning district.
3. Without approval of the variance application, the
application for design review approval must be denied,
without prejudice.
The above and foregoing resolution was passed and adopted by
the Saratoga City Council at a meeting held on the '6th day of
[ebnuary, 1991, by the following vote:
AYES: Councilmembers Anderson, Clevenger, Kohler, Monia, and Mayor Stutzman
NOES: None
ABSENT: None
ABSTAIN: None
Mayor 0
ATTEST:
Deputy City C~e
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