HomeMy WebLinkAboutCity Council Resolution 92-025
RESOLUTION NO.
92-025
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA DENYING
AN APPEAL FROM THE DECISION OF THE
PLANNING COMMISSION
V-92-002 - WILLIAMSON; 13852 UPPER HILL DRIVE
WHEREAS, Mr. and Mrs. Williamson, the applicants, have
applied for variance approval to allow a six (6) foot high fence
to extend into the required front yard setback and;
WHEREAS, on February 26, 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, voted
to deny the variance request for the fence extension; and
WHEREAS, applicants have appealed the denial of the Planning
Commission to the City Council; and
WHEREAS, on April 15, 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. By split vote of the City Council (Councilmember
Anderson voting in opposition) denying the variance request for
the fence the appeal from the Planning Commission is hereby
denied to wit: the applicant has not met the burden of proof
required to support the application for the fence and the
following findings have been determined:
a. There are no special circumstances applicable to
the property that would result in the applicant being deprived of
privileges enjoyed by owners of other properties in the vicinity
in the same zoning district, by a strict or literal interpreta-
tion of the zoning ordinance and the granting of the variance
would constitute a grant of special privilege, in that all
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properties within the same residential zone districts are
governed by the same regulations.
2. The application of Williamson for Variance Approval for
the fence be and the same is hereby denied.
***
Passed and adopted at a regular meeting of the city Council
of the city of Saratoga held on the 6th day of May
1992, by the following vote:
AYES:
Council members C1 evenger, Moni a, Stutzman and Mayor Kohl er
None
NOES:
Councilmember Anderson
ABSENT:
ABSTAIN: None
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ATTEST:
~~.~-
Deputy city Clerk~
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Aprl t 21, 1992
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