HomeMy WebLinkAboutCity Council Resolution 92-026
RESOLUTION NO.
92-026
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA DENYING AN APPEAL FROM
THE DECISION OF THE PLANNING COMMISSION
UP-92-001 - CANCELLIERI; 14445 BIG BASIN WAY
WHEREAS, Mr. Cancellieri, the applicant has applied for
conditional use approval to establish a liquor store in a vacant
structure in the Commercial Zoning District; and
WHEREAS, on March 11, 1992 and March 25, 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, by
virtue of an evenly split vote, failed to act upon the
application; and
WHEREAS, applicant filed an appeal with the City Council
causing the evenly split vote to be deemed a final denial of the
Planning Commission, pursuant to section 2-15.050(b).
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. The City Council voted as follows: (1) By unanimous
vote to deny the appeal; and (2) By a split vote (Councilmember
Anderson voting in opposition) that the denial be with prejudice.
The decision of the Planning Commission is upheld, to wit: the
applicant has not met the burden of proof required to support the
application and the following findings have been determined:
The proposed location of the conditional use is not in
accord with the objectives of the Zoning Ordinance and the
purposes of the Commercial Zoning District in that:
The Village shopping area is a relatively small
(approximately 2 blocks long) retail shopping area
May 7, 1992
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intended to create a pleasant shopping environment
which will compliment the essential residential
character of the city.
Two establishments which sell alcoholic beverages
for off-site consumption currently operate in the
Village.
The site of the proposed liquor store is
approximately 50 feet from one establishment and
100 feet from the other, creating a concentration
of "liquor stores" in a small area which would
detract from a desired mix of specialty shops,
restaurants, convenience shops, services and
residences that helps promote a mutually
beneficial relationship.
The proposed location of the conditional use may be
detrimental to the public health, safety or welfare, in that
members of the public testified regarding incidents of: persons
purchasing alcoholic beverages and consuming the same "behind"
the existing liquor store; littering; loitering; "shoulder
tapping"; and vandalism, that were attributed to the sale of
alcoholic beverages from the existing establishments.
2. The application of Cancellieri for conditional use
approval 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 oth day of May
1992, by the following vote:
AYES:
Council members Anderson , Clevenger, Man; a, Stutzman and Mayor Kohler
None
NOES:
ABSENT: None,
ABSTAIN: None l' .
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ATTEST:
J J6J (1,<>,
<j':h'&--ér2--. ~ '-{;kO· ,
Deputy City Clerk
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May 1, 1992
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