HomeMy WebLinkAboutCity Council Resolution 93-020
RESOLUTION NO. 93-020
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA GRANTING AN APPEAL FROM
THE DECISION OF THE PLANNING COMMISSION
DR-93-005, V-93-002 - GUGLIELMI;
20440 MONTALVO HEIGHTS DR.
WHEREAS, Mr. and Mrs. Guglielmi, the applicants, have
applied for design review approval and variance approval to
exceed the site's maximum allowable floor area of 6000 square
feet and for design review approval to allow the maximum building
height of a proposed pool house to exceed the 12 foot accessory
structure height limit by three feet; and
WHEREAS, on April 14, 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 the conclusion thereof the Planning Commission, denied
the application; and
WHEREAS, applicant has appealed the denial of the Planning
Commission to the City Council; and
WHEREAS, on May 19, 1993 the City Council (Councilmembers
Monia and Tucker being absent) 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 appeal from the Planning Commission is hereby
granted and the decision of the Planning Commission is reversed,
to wit: the applicant has met the burden of proof required to
support the application and the following findings have been
determined:
May 26, 1993
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variance Findinqs for V-93-002
Because of special circumstances applicable to the subject
property, including size, shape, topography, location or
surroundings, strict enforcement of the specified regulations
would deprive the applicant of privileges enjoyed by owners of
properties in the vicinity and classified in the same zoning
district in that the project site is situated in a "low area" as
compared to surrounding properties, thereby causing applicant a
substantial loss of privacy without an enclosed pool house, a
privilege enjoyed by many properties within the immediate
neighborhood.
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 proposed pool house is consistent with the
size of many other pool houses constructed on properties within
the immediate neighborhood.
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 in that the
construction of a new 700 square foot pool house on the site is
not considered to be or constitute a hazard to public health,
safety or welfare or to be materially injurious to improvements
or property in the vicinity.
Desiqn Review Findings for DR-93-00S
The additional height of the proposed accessory structure is
necessary in order to establish architectural compatibility with
the main structure on the site.
The proposed accessory structure is compatible in terms of
height, bulk and design with the surrounding neighborhood.
2. The application of Guglielmi for Design Review Approval
and Variance Approval be and the same is hereby granted subject
to the following conditions:
The development shall be located and constructed as
shown on Exhibit "A", incorporated by reference.
Height of structure shall not exceed 14 feet.
No structure shall be permitted in any easement.
No ordinance size tree shall be removed without first
obtaining a Tree Removal Permit.
May 26, 1993
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3. Construction must be commenced within twenty-four (24)
months or approval will expire.
4. All applicable requirements of the state, county, City
and other governmental entities must be met.
5. The applicant shall affix a copy of this resolution to
each set of construction plans which will be submitted to the
Building Division when applying for a building permit.
.*.
Passed and adopted at a regular meeting of the city Council
of the City of Saratoga held on the 2nd day of June
1993, by the following vote:
AYES:
Councilmembers Burger, Kohl er, Mon; a, Tucker and r·1ayor Anderson
NOES: None
ABSENT: None
ABSTAIN: None
J;AA V~h--
Mayor
ATTEST:
L~,~
Deputy city cler~
May 26, 1993
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