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HomeMy WebLinkAboutCity Council Resolution 95-08 P~SOLUTION 95 - 08 A RESOLUTION O? ~.[?IE CITY COUNCIL OF THE CITY OF SARATOG]i. DE%~YING AN APPEAL FROM THE DECISION OF T.[{E PLANNING COMMISSION; APPLICANT CONSTANTIN; 20855. KITTRIDGE ROAD; DR-94-031 ~{EREAS, Mr. and Mrs, Constantin, the applicants have applied for design review approval to construct a 4,473 square foot two-story residence on ~ vacant 1.18 acre hillside parcel; and WHEREAS, on December !4~ 1994, the Planning Commission of the City of Saratoga held ~ f~uly noticed public hearing on said application at which time all interested parties were given the full opportunity to be hear~ and to present evidence and following the conclusion thereof the Planning Commission voted to deny the design review application; and WHEREAS, the applicants have appealed the denial by the Planning Commission to the City Council; and WHEREAS, on January 18, X995 the City Council conducted a de novo public hearing on the apFeal.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 proceedin?=~ 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 actionofthe Planning Commission is affirDed, to wit: The app~.~i~nt has not met the burden of proof required to support the application for the design review appro~ral and the following ff~Tdinqs have been determined: a. The design review request is contingent on the lot line Edjustment application ~?a. the ~lope variance application being approved. Because the ~.3t itine adjustment application (LL- 94-008) and the slope varian~ e~ppiication (V-94-012) were denied, the design review rei~'.:.e~t is also denied. 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 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 1st day of February , 1995, by the following vote: AYES: Councilmember Jacobs, Moran, Wolfe and Mayor Burger NOES: None ABSENT: None ABSTAIN: Councilmember Tucker ATTEST: Mayor Deputy City January 25, 1995 mnrsw\273\res\DRg~-O31,msr