HomeMy WebLinkAboutCity Council Resolution 95-07 RESOLUTION 95 - 07
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA DENYING AN APPEAL FROM THE
DECISION OF THE PLANNING COMMISSION;
APPLICANT CONSTANTIN;
20855 KITTRIDGE RO~; V-94-012
WHEREAS, Mr. and Mrs. Constantin, the applicants have
applied for variance approval to allow the construction of a
4,473 square foot two-story residence on a vacant 1.18 acre
hillside parcel with an average slope of 73%, which approval is
necessary to allow the structure to be built on a slope of 85%
and to encroach into required front and side yard setbacks; and
WHEREAS, on December 14, 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 the
full opportunity to be heard and to present evidence and
following the conclusion thereof the Planning Commission voted to
deny the variance application; and
WHEREAS, the applicants have appealed the denial by the
Planning Commission to the City Council; and
WHEREAS, on January 18, 1995 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
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. By split vote of the City Council (Councilmember Wolfe
voting 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 not met the burden of proof
required to support the application for the variance and the
following findings have been determined:
a. The City Council is unable to find 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, based on the following:
1
1) Testimony concerning both the short-term
hazard to downslope property owners of allowing
construction equipment and activity on this precipitous
slope (85%) at this particular building location, and
the long-term potential hazard to downslope property
owners of future slope failure.
2) The large size and building footprint of the
proposed structure would require a greater amount of
vegetation and soil removal than a smaller structure
would. This proposal, therefore, would be potentially
materially injurious to the public safety and welfare.
3) The large size of the proposed structure,
stepping down the steep hillside, gives the appearance
of a very long, expansive, three-story building. This
visual obtrusiveness, particularly when combined with
the significant amount of tree, vegetation and soil
removal necessary to build the house, could be
materially injurious to adjoining property owners in
that their existing views will be negatively impaired.
b. Based on the above finding, granting 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.
c. Even if the necessary findings could be made, any
Variance approval would be conditional upon approval of a lot
line adjustment, creating a legal lot of record; and since the
lot line adjustment application has been denied, no variance may
be granted.
2
2. After careful consideration of the site plan,
architectural drawings, plans and other exhibits submitted in
connection with this matter, the application of Constantin for
Variance 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 lst day of February ,
1995, by the following vote:
AYES: Councilmember Jacobs, Moran, Wolfe and Mayor Burger
NOES: None
ABSENT: None
ABSTAIN: Councilmember Tucker
ATTEST:
Deputy City rk
January 25, 1995
mnrsw\273\res\V-94-012.msr