HomeMy WebLinkAboutCity Council Resolution 96-21 RESOLUTION NO. 96 - 21
RESOLUTION OF THE CITY OF SARATOGA DENYING
AN APPEAL FROM THE DECISION OF THE PLANNING COMMISSION
UP-95-008 - KOLOTOUROS; 20201 MERIDA STREET
WHEREAS, Mr. Kolotouros, the applicant, has applied for use permit approval
to maintain a nonconforming trucldng business and truck storage yard in a residential
zone; and
WHEREAS., on February 28, 1996, 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 a conclusion thereof the Planning Commission denied the application;
WHEREAS, the denim by the Hanning Commission has been appealed to the
City Council by the applicant;
WHEREAS, on April 17, 1996, 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;
WHEREAS, the City Coundl 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 Coundl 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:
Section 1. By unanimous vote of the City Coundl the appeal from the
Planning Commission is hereby denied and the decision of the Planning Commission
is upheld, to wit: the applicant has not met the burden of proof required to support
the application and the following findings have been determined:
Use .Permit Findings for UP-95-008
(A) That the proposed trucldng operation is not compatible with the
obiectives of the Zoning Ordinance and the purpose of the residential district in
which the site is located, as those obiectives are specifically set forth in Sections 15-
05.029 and 15-12.010 of the Code of the City of Saratoga ("Code");
(B) That the proposed trucldng operation and the conditions under which it
would be operated or maintained would be detrimental to the public health, safety or
welfare, and would be materially injurious to properties or improvements in the
vidnity;
(C) That the proposed trucking operation will not comply with each of the
applicable provisions of Chapter 15-65 of the City Code, in that the use was intended
to be phased out of existence once the direct access onto Prospect Avenue, a
designated truck route, no longer was available, since commerdal vehicles in excess of
five tons in weight are prohibited from being parked or left standing in residential
neighborhoods, (see Section 9-40.050 of the Code of the City of Saratoga). Now
that direct access to Prospect Avenue is no longer available, the applicant is using
Merida Dr. and to park or leave standing such vehicle(s), in violation of Article 9-40
of the Code. Such use is incompatible with the objectives of the Zoning Ordinance
and the purpose of the R- 1, 10,000 Zoning District as noted above.
Section 2. After carerid consideration of the application for Use Permit,
exhibits and correspondence submitted in connection with this matter, the
application of Kolotouros for Use Permit approval be and the same is hereby denied.
Section 3. This resolution shall become operative on June 1, 1996.
Passed and adopted at a regular meeting of the City Coundl of the City
of Saratoga held on the first day of May ,1996 by the following vote:
AYES: Councilmembers Burger, Moran, Tucker, Wolfe and Mayor 3acobs
NOES None
ABSENT:
None
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ZtV[~yor
ATTEST:
C~ty Clerk'
April 19, 1996
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