HomeMy WebLinkAboutCity Council Resolution 94-19 RESOLUTION 94 - 94-19
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA DENYING AN APPEAL FROM THE
DECISION OF THE PLANNING COMMISSION;
APPLICANT/APPELLANT LAWSON;
12375 FARR RANCH ROAD
V-93-031 & DR-93-046
WHEREAS, Mr. and Mrs. Lawson, the applicant has applied for
variance approval to exceed the site's maximum allowable floor
area of 5,610 sq. ft. by 531 sq. ft. in order to construct a 706
sq. ft. pool house, and to allow the structure to be constructed
on an average slope of 39 percent where 30 percent is the maximum
permitted; and
WHEREAS, the applicant has applied for design review
approval to allow the site's gross floor area to exceed 6,000 sq.
ft; and
WHEREAS, on March 23, 1994, 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 floor area variance application and noted that the
applications for design review and the slope variance are
contingent upon the approval of the floor area variance
application; and
WHEREAS, the applicant has appealed the denial of the
Planning Commission to the City Council; and
WHEREAS, on April 20, 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/or 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 the appeal from
the Planning Commission is hereby denied and the action of the
Planning Commission is affirmed, to wit: The applicant has not
1
met the burden of proof required to support the application for
the floor area variance, 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
exceed the site's maximum permitted floor area 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.
2. After careful consideration of the site plan,
architectural drawings, plans and other exhibits submitted in
connection with this matter, the application of LAWSON for a
variance and Design Review approval be and the same is hereby
denied.
Passed and adopted at a regular meeting of the City Council
of the City of Saratoga held on the 4th day of May ,
1994, by the following vote:
AYES: Councilmembers Anderson, Burger, Kohler, Monia and Mayor Tucker
NOES: None
ABSENT: None
ABSTAIN: None
M~yor
ATTEST:
Deputy City Cle~
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