HomeMy WebLinkAboutCity Council Resolution 92-034
RESOLUTION 92-034
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA DENYING AN APPEAL FROM
THE DECISION OF THE PLANNING COMMISSION
DR-91-064 AND, V-91-017-KINNIER; 14706 6TH STREET
WHEREAS, Linda Kinnier, the applicant, has applied for
design review approval to construct a new 2226 square foot, two
story residence, and for a variance approval to encroach into the
required, front, side and rear yard setbacks in the R-1-10000
zoning district;
WHEREAS, on April 22, 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 denied the
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¡
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 (Councilmembers
Anderson and Clevenger voting in opposition) the appeal from the
Planning Commission is hereby denied without prejudice 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) The project does unreasonably interfere with the
privacy of the surrounding residences in that the
proposed home will overlook and impact the privacy of
the rear yards and the habitable rooms of the
immediately adjacent properties. In addition, the
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(b)
(c)
(d)
proposed six foot side yard setbacks will not provide
sufficient area for planting to mitigate the.e impacts.
The project will not minimize the perception of
exce.sive bulk in relation to the immediate
neighborhood in that the home de.ign incorporates
continuous two-story vertical wall elements that
increase the perception of bulk and mas. on this narrow
building site.
The project is not compatible in term. of bulk and
height with those home. within the immediate area and
in the same zoning district in that the floor area of
the proposed structure in relationship with the lot
size is greater than that of single family dwellings
currently existing in the neighborhood.
The failure of the applicant to meet the burden of
proof required to support the contingent design review
application nece.sitates denial of the companion
variance application.
2. The application of Kinnier for design review approval
and for variance approval be and the same is hereby denied.
**.
Passed and adopted at a regular meeting of the City Council
of the Cit.y of Saratoga held on the 3rd day of June
1992, by the following vote:
AYES: Councilmembers Anderson, Cl evenger, Man i a, Stutzman and ~1ayar Koh 1 er
NOES: None
ABSENT: None
ABSTAIN: None
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A'rl'EST:
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'Deputy City Cl.~1E. ,/
1./
Mev 21, 1992
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