HomeMy WebLinkAboutCity Council Resolution 93-011
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RESOLUTION NO. 93 - 011
RESOLUTION OF THE CITY OF SARATOGA DENYING
AN APPEAL FROM THE DECISION OF THE PLANNING COMMISSION
V-92-020 AND DR-92-034 - KINNIER¡ 14706 SIXTH STREET
WHEREAS, Linda Kinnier, the applicant, has applied for
design review approval to construct a new 1,754 sq. ft. two-
story residence, and for variance approval to encroach into the
required sideyard setbacks and to allow a one-car garage in lieu
of the required two-car garage;
WHEREAS, on February 10, 1993, 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 approved
the application;
WHEREAS, the approval by the Planning commission has been
appealed to the city Council by G.D. Covell, Jr.;
WHEREAS, on March 17, 1993, 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 appea 1.
NOW, THEREFORE, be it resolved by the City Council of the
City of Saratoga as follows:
section 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 met
the burden of proof required to support the application and the
following findings have been determined:
variance Findings for V-92-020:
(a) That because of special circumstances applicable to the
property, including size, shape, topography, location or
surroundings, strict enforcement of the specified regulations
would deprive the applicant of privileges enjoyed by the owners
of other properties in the vicinity and classified in the same
zoning district, in that the legally recorded parcel, at 3,271
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sq. ft. in area and approximately 27 ft. in width, is severely
substandard and would make it virtually impossible to design a
residence which did not require a variance to the zoning
ordinance.
(b) That the granting of the variance will not constitute a
grant of special privilege inconsistent with the limitations on
other properties in the vicinity and classified in the same
zoning district, in that the approval of a 1,754 sq. ft. home on
this parcel is consistent with the City's review of proposed
homes on other, larger parcels (i.e. the City's zoning ordinance
regulates the size of homes based on the size of the lot; the
larger the parcel the large the allowable home size.) Approving
a 1,754 sq. ft. residence on this substandard parcel is
consistent with allowing upwards of 8,000 sq. ft. homes on large
parcels.
(c) That the granting of the variance will not be
detrimental to the public health, safety or welfare, or
materially injurious to properties or improvements in the
vicinity.
Design Review Findinqs for DR-92-034:
- The height, elevations and placement on the site of the
proposed main or accessory structure, when considered with
reference to: (i) the nature and location of residential
structures on adjacent lots and within the neighborhoodsj and
(ii) community view sheds will avoid unreasonable interference
with views and privacy, in that based on the change in grade from
the lower parcel to the north, this parcel, and the upper parcel
to the south, viewsheds should not be obstructed since the
existing views tend to be up and over the existing residences.
Privacy impacts will be minimized through the appropriate
orientation of habitable room windows, particularly on the upper
floor.
- The natural landscape will be preserved insofar as
practicable by designing structures to follow the natural
contours of the site and minimizing tree and soil removal; grade
changes will be minimized and will be in keeping with the general
appearance of neighboring developed areas and undeveloped areas,
in that the proposed structure will be set into the site by
cutting 4 ft. into the back slope, the end result being that the
home will better blend in with the existing terrain and adjacent
development. Ordinance protected tree removal is limited to one
California Bay which the City Arborist has recommended be removed
due to its poor condition and its condition as an active hazard.
- The proposed structure in relation to structures on
adjacent lots, and to the surrounding region, will minimize the
perception of excessive bulk and will be integrated into the
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natural environment, in that the proposed home will be lower than
many of the existing two-story homes within this neighborhood and
will be set into the site to fit in with the existing contours at
the site.
- The proposed structure will be compatible in terms of bulk
and height with (i) existing residential structures on adjacent
lots and those within the immediate neighborhood and within the
same zoning district; and (ii) the natural environment; and shall
not (i) unreasonably impair the light and air of adjacent
properties nor (ii) unreasonably impair the ability of adjacent
properties to utilize solar energy, in that based on the grade
changes as these parcels step down sixth street, the relatively
low height of the proposed structure and its location and pad
elevation on the site, these impacts should be minimized.
- The proposed site development or grading plan incorporates
current grading and erosion control standards used by the city.
- The proposed structure will conform to each of the
applicable design policies and techniques set forth in the
Residential Design Handbook and as required by Section 15-45.055.
Section 2. After careful consideration of the site plan,
architectural drawings, plans and other exhibits submitted in
connection with this matter, the application of Kinnier for
design review approval and variance approval be and the same is
hereby granted subject to the following conditions:
1. The development shall be located and constructed as
shown on Exhibit "A", incorporated by reference.
2. Prior to submittal for building permit or grading
permit, a zone clearance shall be obtained from the Planning
Department.
3. Height of structure shall not exceed 21.2 feet.
4. Total gross floor area for all structures on site shall
not exceed 1,754 sq. ft.
5. No retaining wall shall have an exposed height that
exceed 5 ft. In addition, no fence or wall shall exceed six (6)
feet in height and no fence or wall located within any required
front yard or within any required exterior side year of a
reversed corner lot shall exceed three (3) feet in height.
6. No structure shall be permitted in any easement.
7. No ordinance size tree shall be removed without first
obtaining a Tree Removal Permit.
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8. Obscure glass for upper level type windows shall be
used to mitigate privacy concerns at the following locations:
a. The first and second floor "split-level" stairway
window along the north elevation.
b. The first floor level bathroom window along the
sough elevation
c. The second floor bathroom and bedroom No. 2
windows along the south elevation.
9. Landscaping for screening shall be installed prior to
final occupancy.
10. Prior to the issuance of a zoning clearance, applicant
shall submit the following for Planning Director review and
approva 1 :
a. Landscape plans indicting 15 gal. evergreen shrubs
and 24 inch box trees at the locations indicated
on the attached landscape plan marked Exhibit "A".
b. Landscaping shall be of native and drought
tolerant species in conformance with the City's
xeriscape guidelines.
c. The City Arborist shall review these plans to
recommend appropriate species given the
constrained configuration of the development.
11. Detailed on-site improvement plans showing the
following shall be submitted to the Building Division prior to
the issuance of a Zoning Clearance:
a. Grading (limits of cuts, fills; slopes, cross
sections, existing and proposed elevations,
earthwork quantities).
b. Drainage details (conduit type, slope, outfall,
location, etc.).
c. Retaining structures including design by A.I.A. or
R.C.E. for walls 4 feet or higher.
d. Erosion control measures.
12. All requirements of the City Arborist's Report dated
11/26/91 shall be met. This includes, but is not limited to:
a. Construction period fencing shall be installed at
the dripline of the adjacent European Olive tree
prior to issuance of a grading or building permit.
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b. This fencing shall remain in position until all
construction activity is completed.
13. Property is located in a designated hazardous fire
area.
a. Roof covering shall be fire retardant, Uniform
Building Code Class A or B prepared or built-up
roofing. Reroofing, less than 10%, shall be
exempt. (Ref. Uniform Fire Code, Appendix E, City
of Saratoga Code 16-20:210).
b. Early Warning Fire Alarm System shall be installed
and maintained in accordance with the provisions
of Article 16-60 City of Saratoga.
c. Early Warning Fire Alarm System shall have
documentation relative to the proposed
installation and shall be submitted to the Fire
District for approval, prior to issuance of a
building permit (City of saratoga 16-60).
d. Automatic sprinklers shall be installed in garage.
(city of Saratoga Code 16-15:110).
14. Driveways: All driveways have a 14 ft. minimum width
plus one ft. shoulders.
a. Slopes from 0% to 11) shall use a double seal coat
of 0 & S or better on a 6" aggregate base from a
public street to the proposed dwelling.
15. Applicant agrees to hold City harmless from all costs
and expenses, including attorney's fees, incurred by the City or
held to be the liability of city in connection with City's
defense of its actions in any proceeding brought in any State or
Federal Court, challenging the City's action with respect to the
applicant's project.
16. Noncompliance with any of the conditions of this permit
shall constitute a violation of the permit. Because it is
impossible to estimate damages the City could incur due to the
violation, liquidated damages of $250 shall be payable to this
City per each day of the violation.
section 3. Construction must be commenced within 24 months
or approval will expire.
section 4. All applicable requirements of the state,
County, City, and other governmental entities must be met.
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Section 5. The applicant shall affix a copy of this
resolution to each set of construction plans which shall be
submitted to the Building Division when applying for a building
permit.
***
Passed and adopted at a regular meetiting of the city Cfuncil
of the City of Saratoga held on the It day of f\prl ,
1993, by the following vote:
AYES:
Councílmembers Burger, Kohler, Mania, Tucker and Mayor Anderson
None
NOES:
None
ABSENT:
ABSTAIN: None
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ATTEST:
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Deputy city Clerk ~
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