HomeMy WebLinkAboutCity Council Resolution 92-053
RESOLUTION NO. 92 - 053
A RESOLUTION OF THE CITY COUNCIL 'OF THE
CITY OF SARATOGA DENYING AN APPEAL FROM THE
DECISION OF THE PLANNING COMMISSION
DR-91-057 - FARSIO; 14930 VINTNER COURT
WHEREAS, Mr. and Mrs. Farsio, the applicants, have applied
for a design review approval to construct a 3,332 sq. ft. guest
house on a 3.4 acre parcel; and
WHEREAS, on May 27, 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 design review request for the guest house; and
WHEREAS, applicants have appealed the denial of the Planning
Commission to the city Council; and
WHEREAS, on July 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 unanimous vote of the City Council denying the
design review request for construction of the guest house 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 construction of the guest house and the
following findings have been determined:
The proposed 3,332 sq. ft. detached guest house, with
its own attached two-car garage, does not meet the intent of
either the Measure A settlement agreement stipulations, or the
City's single-family zoning regulations, in that:
a. The sheer size and self-sufficient nature of the
structure in relation to the existing 4,768 sq. ft. home on the
property does not qualify it as an accessory structure, i.e., the
July 3D, 1992
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proposed guest home use would not be subordinate nor incidental
to the main residence. The self-sufficient nature of the
structure is reflected in it s size, number and types of rooms,
two-car garage with independent access to the street, distance
from the main residence and it s lack of direct or convenient
access to the main residence.
b. The Measure A settlement agreement for the Parnas
subdivision stipulated that "lots #27 and #28 be paired and that
only on (1) house shall be built on the paired lot." By
determining that the proposed guest home does not qualify as an
accessory structure, the City Council is precluded from
permitting an additional detached single-family dwelling on the
subject property. In addition, the settlement agreement requires
that only one of the building sites be utilized for the paired
lots. The proposed guest house would violate this provision by
allowing development on both building sites of the paired lots.
c. The City's single-family zoning regulations permit
only one (1) main residence on a single parcel of land. By
determining that the proposed guest home does not qualify as an
accessory structure, ·the City Council is precluded from
permitting an additional detached single-family dwelling on the
subject property.
2. The application of Farsio for design review approval
for the construction of a guest house be and the same is hereby
denied without prejudice.
***
Passed and adopted at a regular meeting of the City Council
of the City of Saratoga held on the 5th day of August ,
1992, by the following vote:
AYES: Councilmembers Burger, Kohler, Monia, Tucker and Mayor Anderson
NOES: None
ABSENT: None
ABSTAIN: None
ib-//~~
MayoÞffi'4
ATTEST:
&Ci~ C~
July 30, 1992
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