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Home My WebLink AboutCity Council Resolution 92-006 RESOLUTION NO. 92-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA GRANTING AN APPEAL FROM THE DECISION OF THE PLANNING COMMISSION DR-91-061, V-91-016 - MARCHETTI; 14668 6TH STREET WHEREAS, Mr. and Mrs. Marchetti, the applicants, have applied for design review approval to construct a new 2,389 square foot two-story residence, and for variance approval to encroach into the required front, side and rear yard setbacks in the R-M (Multi-Family) 3000 Zoning District; WHEREAS, on January 8, 1992, the Planning Commission of the city of Saratoga held a duly noticed public hearing on said application at which time all interested parties were given a full opportunity to be heard and to present evidence and following the conclusion thereof the Planning commission, denied the application; and WHEREAS, applicant has appealed the decision causing the evenly split vote to be deemed a final denial of the Planning Commission; and WHEREAS, on February 5, 1992, the City council conducted a de novo public hearing on the appeal at which time any person interested in the matter was given a full opportunity to be heard; and WHEREAS, the city Council reviewed and considered the staff report, minutes of proceedings conducted by the commission relating to the 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 granted and the decision of the Planning Commission is reversed, to wit: the applicant has met the burden of proof required to support the application and the following findings have been determined: February 13, 1992 273\res\marchett, res 1 -·'_·'-·'_·'_.'-~'-~'-.'~.'_.'_.'_.'_.'_.'~.'~~'~~I~.'_.,_.,_.__,__,__._ Variance Findings for V-91-016 Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, strict enforcement of the specified regulations would deprive the applicant of privileges enjoyed by owners of properties in the vicinity and classified in the same zoning district in that the project site is substandard in size, frontage, depth, and width and in that the proposed residence follows the existing, historical front setbacks along sixth street. In addition, the proposal maintains and protects a large oak tree that grows over the rear of the property. The granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and classified in the same zoning district in that the proposed setbacks are consistent with the historical setbacks along Sixth street and with the setbacks of the existing structure. The granting of the variance will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity in that the establishment of a new single family dwelling on the site is not considered to be or constitute a hazard to public health, safety or welfare or to be materially injurious to improvements or property in the vicinity. Design Review Findings for DR-91-061 The colors of wall and roofing materials are nonreflective and blend with the natural environment, in that the proposed colors are light and dark earthtones and the roofing material is dark brown. Roofing material is proposed to be composite tile and no mechanical equipment shall be located on the roof. The proposed structure is compatible in terms of height, bulk and design with other structures in the immediate area, in that the proposal is for a single family home in a mixed single and multifamily neighborhood and, in that the proposed structure is similar, in height and size, elevation and placement with other buildings in the area. 2. The application of Marchetti for Design Review Approval and Variance Approval be and the same is hereby granted subject to the fOllowing conditions: February 13, 1992 273\res\Nerchett.rea 2 .'."-.'..'._'..'..'.-,..,..,..,..,.-,..,..,..,..,..,--,--,----,- - (1) The development shall be located and constructed as shown on Exhibit "A", incorporated by reference. Any deviations form the approved plans shall require prior Planning Commission approval. This includes but is not limited to, deviations from the roof height, building placement, architectural elevations and materials. (2) Prior to submittal for building permit or grading permit, a zone clearance shall be obtained from the Planning Department. (3) Height of structure shall not exceed 26 feet. (4) Total gross floor area for all structures on site shall not exceed 2389 sq. ft. (5) The maximum height of an exposed underfloor area shall not exceed 5 ft. (6) No retaining wall shall have an exposed height that exceeds 5 ft. No retaining wall over three in height feet shall be allowed in the front yard setback. (7) No structure shall be permitted in any easement. (8) Slopes shall be graded to a maximum 2:1 slope. (9) All exposed slopes shall be contour graded. (10) Exterior colors shall be as proposed subject to staff review and approval. (11) Prior to zone clearance approval, applicant shall submit landscape plans for the Planning Director's review and approval. (12) Applicant shall submit a report by licensed professional to include details on: a. Soils b. Foundation (13) Detailed on-site improvement plans showing the following shall be submitted to the Building Division prior to issuance of a zone clearance: a. Grading (limit of cuts, fills; slopes, cross- sections, existing and proposed elevations, earthwork quantities. February 13, 1992 273\res\mørchett.res 3 b. Drainage details (conduit type, slope, outfall, locations, etc.) c. Retaining structures including design by A.I.A. or R.C.E. for walls four feet or higher. d. All existing structures, with notes as to remain or be removed. e. Erosion control measures. f. Standard information to include titleblock, plot plan using record data, location map, north arrow, sheet no's., owner's name, etc. (14) Roof covering shall be fire retardant, Uniform Building Code Class A or B prepared or built-up roofing. Re-roofing, loess than 10%, shall be exempt. (Ref. Uniform Fire Code Appendix E, City of Saratoga Code 16-20:210). (15) Early Warning Fire Alarm System shall be installed and maintained in accordance with the provisions of Article 16-60 City of Saratoga. (16) Early Warning Fire Alarm System shall have documentation relative to the proposed installation and shall be submitted to the Fire District for approval, prior to issuance of a building permit (City of Saratoga 16-60). (17) Automatic sprinklers shall be installed in the newly constructed garage (city of Saratoga 16-15.110(1). (18) 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 to this city per each day of the violation. (19) The applicant agrees to hold the City harmless from all costs and expenses, including attorneys' fees, incurred by the city or held to be the liability of the City in connection with the city's defense of its actions in any proceeding brought in any State or Federal court challenging the City's action with respect to the applicant's project. 3. Construction must be commenced within twenty-four (24) months or approval will expire. 4. All applicable requirements of the state, County, City and other governmental entities must be met. February 13, 1992 273\res\marchett.res 4 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 19th day of February 1992, by the following vote: AYES: Counc i1 members Anderson, C1 evenger, Mon ì a, Stutzman and Mayor Koh 1 er None NOES: None ABSENT: ABSTAIN: None ATTEST: ~r!.~~_ Deputy City Clerk ~/,/4 :¿ø/:/~~ 4,~~~ .. , KaJØZ'"·e-- ~. February 13, 1992 273\res\marchett.res 5