HomeMy WebLinkAboutCity Council Resolution 96-56 RESOLUTION NO. 96- s6
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA DENYING AN APPEAL FROM
THE DECISION OF THE PLANNING COMMISSION
DR-96-026 and V-96-006
VIDANAGE; 12528 SPRING BLOSSOM COURT
WHEREAS, Vidanage, the applicant, has applied for variance approval to
allow a new 4,002 sq. ft. residence to encroach into the required rear yard setback,
and design review approval to construct a new 4,002 sq. ft. single story residence with
a maximum height of I8 ft.; and
WHEREAS, on August 14, 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 the conclusion thereof the Planning Commission denied the
application; and
WHEREAS, the denial by the Planning Commission has been appealed to the
City Council by the applicant; and
WHEREAS, on September 18, 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; 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:
Section 1. By unanimous vote of the City Council 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 for the rear yard setback variance, and the following findings have
been determined:
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 (R-1-I2,500) in that the percentage-based setbacks apply to
all vacant parcels in the City of Saratoga and a reasonable size residence can be
constructed on the subject parcel within the limitations of the City Code.
Section 2. After careful consideration of the site plan, architectural
drawings, plans 'and other exhibits submitted in connection with this matter, the
application of Vidanage for a variance and design review approval be and the same is
hereby denied without prejudice.
Passed and adopted at a regular meeting of the City Council of the City of
Saratoga held on the 16tlltay of Octobe, r1996, by the following vote:
AYES: Councilmembers Burger, Moran, Tucker, Wolfe and Mayor Jacobs
NOES: None
ABSENT: None
ABSTAIN: None
Mayor
ATTEST:
.~c. /"-
Deputy City Clerk
MSR:dsp
October 8, 1996
[:\WPDMVINRSWN273XRES96\VIDANAGE.W61
2