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HomeMy WebLinkAboutCity Council Resolution 97-24 RESOLUTION 97 -24 RESOLUTION OF THE CITY OF SARATOGA DENYING AN APPEAL FROM THE DECISION OF THE PLANNING COMMISSION RELATING TO DESIGN APPROVAL, DR-97-015, WONG; 21252 CHADWICK COURT WHEREAS, Wong, the applicant had made an application for Design Review approval to construct a 2, 141 square foot deck to a home currently under construction; and WHEREAS, on April 9, 1997, the Planning Commission of the City of Saratoga held a duly noticed public hearing on said application at which 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 design review application; and WHEREAS, Wong has appealed the denial of the design review application by the Planning Commission to the City Council; and WHEREAS, on May 21, 1997, the City Council conducted a de novo public hearing on the appeal, which included a review of the entire design review application, 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 Planning Commission on the application, and the written and oral evidence presented to the City Council in support of and in opposition to the appeal. NOW, THEEFOE, BE IT RESOLVED by the City Council of the City of Saratoga as follows: l. By split vote of the City Council (Councilmember Wolfe voting in opposition and Councilmember Bogosian being absent) taken on May 21, 1997, the appeal from the Planning Commission is hereby denied to wit: the applicant has not met the burden of proof required to support the application for design review approval, and the following findings have been determined: · The proposed deck as described in the application would exceed the 5 foot under-story limit by as much as 8 feet, requiring an exception to the 5 foot clearance regulation. · The proposed deck in relation to structures on adjacent lots, and to the surrounding region, does not minimize the perception of excessive bulk and is not integrated into the natural environment, in that the deck is not designed to follow the natural slope of the site and could be designed to have a height of no more than 5 feet above the natural grade. 2. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, the application of Wong 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 4th day of June , I997 by the following vote: AYES: Councilmember Bogosian, Jacobs, Shaw, Wolfe, and Mayor Moran NOES None ABSENT: None Mayor ATTEST: City Clerk MSR:dsp June 2, 1997 F:\WPDMMNRSWX273XRES97~DR-97-01 .J02 2