HomeMy WebLinkAboutCity Council Resolution 91-30 RESOLUTION NO. 91-30
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SARATOGA GRANTING AN APPEAL
FROM A DECISION OF THE PLANNING COMMISSION
DR-90-071 - SPANEK
WHEREAS, Mr. and Mrs. Spanek have applied to the City of
Saratoga for design review approval to construct a second story
addition to their existing one-story residence located at 19135
Brook Lane, such application being identified as DR-90-071; and
WHEREAS, on January 23, 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, Mr. and Mrs. Spanek have appealed the decision of
the Planning Commission to the City Council; and
WHEREAS, on March 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 has 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:
Section 1. The appellant has met the burden of proof
required to support said appeal, and the following findings are
hereby determined:
- The height, elevation and placement of the project on
the site does not unreasonably interfere with views of
the surrounding residences in that the adjacent
residences are developed on level parcels which do not
afford views which would be affected by this addition.
- The project does not unreasonably interfere with the
privacy of the surrounding residences in that the
second story addition is set back from the existing
structure and exceeds minimum setback requirements.
- The natural landscape is being preserved by minimizing
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tree removal, soil removal, and grade changes in that
none of the above are necessary or proposed.
- The project will minimize the perception of excessive
bulk in relation to the immediate neighborhood in that
the second story is setback from the ground floor
elevations to reduce visual massing and to integrate
the addition aesthetically with the existing structure.
- The project is compatible in terms of bulk and height
with those homes within the immediate area and in the
same zoning district in that there are many existing
two-story homes of comparable bulk and height along the
west side of Johnson Avenue.
- The project will not interfere with the light, air, and
solar access of adjacent properties in that the
addition well exceeds minimum setback requirements and
is under the maximum permitted height of 26 ft.
- The plan does incorporate current Saratoga grading and
erosion control standards in that no grading or
increase impervious coverage is proposed.
Section 2. The appeal from the Planning Commission is
hereby granted and the decision of the Planning Commission is
reversed subject to the following conditions:
1. The development shall be located and constructed as
shown on Exhibit "A" incorporated by reference
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2. Prior to submittal for building permit or grading
permit, a zone clearance shall be obtained from the
Planning Department.
3. No structure shall be permitted in any easement.
4. No ordinance size tree shall be removed without first
obtaining a Tree Removal Permit.
5. Clerestor~ type windows or obscure or translucent glass
shall be used to mitigate privacy concerns along the
second story east elevation at the bathroom. The east
elevation balcony, staircase and plate glass sliding
doors shall be eliminated from the proposal. The plans
shall be revised to reflect these changes prior to the
issuance of a zone clearance.
6. Applicant shall submit a report by a licensed
professional to include details on:
a. Soils
b. Foundation
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7. Non-compliance with any of the conditions of this
permit shall constitute a violation of the permit.
Because it is impossible to estimate damages the City
could incur due to the violation, liquidated damages of
$250.00 shall be payable tothis City per each day of
the violation.
Section 3. Applicant shall sign the agreement to these
conditions within 30 days of the passage of this resolution or
said resolution shall be void.
Section 4. Construction must be commenced within 24 months
or approval will expire.
Section 5. All applicable requirements of the State,
County, City and other Governmental entities must be met.
Section 6. 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 ~0th day of March, 1991, by
the following vote:
AYES: Councilmembers CI evenger, Kohl er, Monia, and Mayor Stutzman
NOES: None
ABSENT: Counci] member Anderson
ABSTAIN: None
ATTEST
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