HomeMy WebLinkAboutCity Council Resolution 92-033
RESOLUTION 92 - 033
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA DENYING AN APPEAL FROM
THE DECISION OF THE PLANNING COMMISSION
UP-91-008-FATHALI; 18444 PURDUE DRIVE
WHEREAS, Mr. Fathali, the applicant, has applied for use
permit approval to operate a family day care facility within a
residential zoned district; and
WHEREAS, on April 7, 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 a conclusion thereof the Planning commission voted to
deny the use permit application;
WHEREAS, applicant has appealed the denial of the Planning
Commission to the City Council;
WHEREAS, on May 20, 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 unanimous vote of the city Council, the appeal from
the Planning Commission is hereby denied and 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:
(a) That the proposed family day care use is not in accord
with the objectives of the Zoning Ordinance and the
purposes of the district in which the site is located.
The additional traffic which would be generated by the
proposed use at this non-conforming site, fronting on
an already substandard and potentially dangerous curve,
is not in accord with the purpose statement of the R-1
zone district to provide development consistent with
sound standards of public health, safety and welfare.
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In addition, the applicant's proposal to stagger
delivery times as well as to create a business program
would be unenforceable by the city. Further, the
increased noise levels associated with up to 12
children gathering and playing at the property at one
time is not in accord with the purpose statement to
protect residential properties from excessive noise
within this district.
(b) That the non-conforming site does not have adequate on-
site parking capacity to accommodate the vehicles
loading and unloading children at the site.
(c) That the proposed family day care will be detrimental
to the public health, safety and welfare, with regard
to increased noise levels generated by as many as
twelve (12) children, and in that the 44 ft. wide
substandard parcel does not allow for adequate turn-
around and off-street parking facilities to accommodate
this intensified land use at this location. The acute
angle of the street curve at this property exacerbates
the potential line of sight and traffic hazards
associated with the loading and unloading of children
on a regular basis within the street right-of-way.
2. The application of Fathali for use permit 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 the3rd day of June
1992, by the following vote:
AYES:
Councilmembers Anderson, C1 evenger, Moni a, Stutzman and Mayor Kohl er
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
~~~.
Deputy City Clerk ¿1
May 27, 1992
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Mayor ___- ____.,
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