HomeMy WebLinkAboutCity Council Resolution 91-23 RESOLUTION NO. 91-23
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SARATOGA UPHOLDING A DECISION OF THE
PLANNING COMMISSION V-90-036-GROTZINGER
WHEREAS, William and Barbara Grotzinger, the applicants,
have applied to the City of Saratoga for variance approval to
allow pool equipment to encroach three feet into a required side
yard setback and to allow 58.36% of impervious coverage when 55%
coverage is the maximum permitted, upon an existing lot of record
located at 13073 Glen Brae Drive, such application being
identified as V-90-036; and
WHEREAS, on January 9, 1991, 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, William and Barbara Grotzinger have appealed only
that portion of the decision of the Planning Commission to the
City Council relating to the denial of the variance to allow pool
equipment to encroach three feet into a required side yard
setback; and
WHEREAS, on February 20, 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 application, 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 of the Planning Commission is affirmed,
to wit:
A strict or literal interpretation of the Zoning
Ordinance would not result in practical difficulty or unnecessary
physical hardships inconsistent with the objectives of the
ordinance in that the hardship expressed by the applicant consist
of existing ones created by the applicant.
Exceptional or extraordinary physical circumstances do
not exist that are applicable to the property involved which do
not apply generally to other properties in the same zoning
district. There are no physical limitations that prevent the
placement of pool equipment storage structure in other locations
on the property.
Granting of the variance will constitute a grant of
special privilege inconsistent with the limitations on other
properties int he same zoning district in that all homeowners
within the R-1-12,500 zone district are restricted by the same
setback.
Passed and adopted at a regular meeting of the City Council
of the City of Saratoga held on the 6th day of March ,
1991, by the following vote:
AYES: Councilmembers Anderson, Clevenger, Kohler, Monia, and Mayor Stutzman
NOES: None
ABSENT: None
ABSTAIN: ',None
Mayor
ATTEST:
Deputy Cit~~lerk~k/
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