HomeMy WebLinkAboutCity Council Resolution 94-08 RESOLUTION NO. 94 - 08
A RESOLUTION OF .THE CITY COUNCIL
OF THE CITY OF SARATOGA DENYING AN
APPEAL FROM THE DECISION OF THE
PLANNING COMMISSION; APPLICANT/APPELLANT
EBRAHIMOUN; 15170 EL CAMINO GRANDE
V-93-026
WHEREAS, Mr. and Mrs. Ebrahimoun, the applicant has applied
for variance approval to allow a proposed residence to exceed the
site's maximum allowable floor area of 5,688 square feet by 589
square feet; and
WHEREAS, on November 22, 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 voted to
deny the variance approval; and
WHEREAS, the applicant has appealed the denial of the
Planning Commission to the City Council; and
WHEREAS, on January 5, 1994, 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 to present evidence, and following the conclusion thereof,
the City Council voted to deny the appeal and uphold the action
of the Planning Commission; and
WHEREAS, on January 11, 1994, the City Council voted to
reconsider its action of January 5, 1994, and set February 2,
1994 as the date to conduct a de novo public hearing on the
appeal; and
WHEREAS, on February 2, 1994, 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 to present evidence; 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. After careful consideration of the site plan,
architectural drawings, plans and other exhibits submitted in
connection with this matter, by split vote of the City Council
(Councilmembers Burger and Kohler in opposition) the appeal from
the Planning Commission is hereby denied and the action of the
Planning Commission is affirmed, to wit: The applicant has
failed to meet the burden of proof required to support the
application for variance approval and the following findings have
been determined:
(a) Special circumstances applicable to the property,
including size, shape, topography, location or surroundings do
not exist which 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 applicant's own desire to
build a larger house than permitted does not constitute a special
circumstance.
(b) That the granting of the variance would 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 no special physical circumstances exist
applicable to the property to support a Variance and the floor
area formula specifically takes into account the size and
topography of each parcel.
Passed and adopted at a regular meeting of the City Council
of the City of Saratoga held on the 16th day of [~hrl,ary ,
1994, by the following vote:
AYES: Councilmembers Anderson, Burger, Monia and Mayor Tucker
NOES: Councilmember Kohler
ABSENT: None
ABSTAIN: None
ATTEST:
Deputy City C1~
February 7, 1994
mnrsw\273\Res\V93026
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