HomeMy WebLinkAboutCity Council Resolution 94-01 RESOLUTION NO. 94-01
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA GRANTING AN APPEAL FROM
THE DECISION OF THE PLANNING COMMISSION
V-93-021 GLENNON; 13091 PIERCE ROAD
WHEREAS, Mr. Glennon, the applicant, has applied for
variance approval to allow a second floor of a proposed new
structure to be located within the required rear yard setback of
60 feet; and
WHEREAS, on November 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 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 December 15, 1993, the City Council (Council-
member Kohler 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:
Because of special circumstances applicable to the subject
property, including size, shape, topography, location of existing
structures thereon or surroundings, strict enforcement of the
specified regulations would deprive the applicant of privileges
January 11, 1994
273\res\glennon.res 1
enjoyed by owners of properties in the vicinity and classified in
the same zoning district in that the project site is constrained
by several factors compared to surrounding properties, (an
easement granted to Santa Clara Valley Water District for flood
control purposes, the dedication of a strip of land adjacent to
Pierce Road for street purposes, the requirement of a 69-foot
front yard setback for the existing house located on the "rear"
parcel, and the existence of a tennis court on the property)
thereby causing applicant a substantial loss of ability to
construct a residence of the desired size, while meeting all City
square footage and design requirements, 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 size and setback of the proposed residence
is consistent with the size and setback of many other residences
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 residence meeting all City square footage
and design requirements and consistent with the size and setback
of other residences within the immediate neighborhood 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.
2. The application of Glennon for Variance Approval be and
the same is hereby granted subject to the following conditions:
a. Applicant agrees to hold City harmless from all
costs and expenses, including attorneys' fees, incurred by the
City or held to be the liability of the 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.
b. 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 $250.00 shall be payable to this
City per each day of the violation.
c. Construction must be commenced within twenty-four
(24) months or approval will expire.
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273\res\glennon.res 2
d. All applicable requirements of the State, County,
City and other governmental entities must be met including
DR-93-031 conditions of approval.
e. 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 re~lar meeting of the Cit~ ~ncil
of the City of Saratoga held on the 5th day of an r ,
1994, by the following vote:
AYES: Councilmeters Anderson, Burger, K0hler, M0nia and Mayor Tucker
NOES: None
ABSENT: None
A3STAIN: None
ATTEST:
Depu~ Cit~ Cl~
Januaz7 11, 199~
273 \res ~glennon. res 3