HomeMy WebLinkAboutCity Council Resolution 91-20 RESOLUTION NO. 91-20
RESOLUTION OF T}{E CITY COUNCIL OF THE
CITY OF SARATOGA GRANTING APPEAL FROM THE
DECISION OF THE PLANNING COMMISSION
V-90-039-PENINSULATOWNMOMES
WHEREAS, Peninsula Townhomes, the applicant, has applied to
the City of Saratoga for variance approval to construct a
mixed-use residential/commercial development with zero setbacks
between the attached individual uses, such application being
identified as V-90-039; and
WHEREAS, on December 12, 1990, 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, by reason of an evenly split
vote of the Commission and subsequent appeal of that vote by the
applicant thereby deeming the split vote a final denial; and
WHEREAS, on February 6, 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; and
WHEREAS, the City Council has received and considered the
Negative Declaration prepared for this project in accordance with
the currently applicable provisions of CEQA; and
WHEREAS, the applicant has met the burden of proof required
to support the application, and the City Council makes the
following findings:
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 intent of the ordinance is to create setbacks
between separate structures and parcels. In this case, the
development has been designed as a whole with the setbacks
only being required because of the applicant's desire to
have the commercial structures individually owned,
Exceptional or extraordinary physical circumstances exist
that are applicable to the property involved which do not
apply generally to other properties in the same zoning
district in that this particular parcel is a deep and
relatively narrow commercial site with minimal frontage
along Saratoga-Sunnyvale, reducing much of its viability as
a strict commercial site. The mixed use concept requires
the division of the site necessitating the setbacks.
Strict or literal interpretation and enforcement of the
specific regulation of the Zoning Ordinance would deprive
the applicant privileges enjoyed by owners of other
properties classified in the same zoning district in that
the setback between the commercial development and the
townhomes is a technical requirement which would not apply
if the project did not necessitate the division of the
property.
Granting of the variance will not constitute a grant of
special privilege inconsistent with the limitations on other
properties in the same zoning district in that the project
as a whole meets the required front, rear and side setbacks.
Granting the variance will not be detrimental to the public
health, safety or welfare, or materially injurious to
properties with improvements in the vicinity.
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
granted and the decision of the Planning Commission is reversed,
and the application of Peninsula Townhomes for variance approval
is hereby granted subject to the following conditions:
(1) All conditions of the Council Resolution approving
DR-90-034 shall apply.
(2) Applicant shall sign the agreement to these
conditions within 30 days of the passage of this
resolution or said resolution shall be void.
(3) Construction must be commenced within 24 months or
approval will expire.
(4) All applicable requirements of the State, County,
City and other Governmental entities must be met.
(5) The applicant shall affix a copy of this
resolution to each set of construction plans which
will be submitted to the Building Division when
applying for a building permit.
Passed and adopted at a regular meeting of the City Council
of the City of Saratoga held on the 6th day of ..... Ma~ch ,
1991, by the following vote:
AYES: Councilmembers Anderson, Clevenger, Kohler, Monia, and Mayor Stutzman
NOES: None "'
ABSENT: None ::!~ , -- -
ABSTAIN:None :. :.~ '~:
Mayor
ATTEST:
Deputy City C1~ F
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