HomeMy WebLinkAboutCity Council Resolution 97-30 RESOLUTION NO. 97- 30
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SARATOGA DENYING AN APPEAL
FROM THE DECISION OF THE PLANNING COMMISSION
IN THE MATTER OF THE APPHCATION OF KAZEMZADEH
FOR THE CONSTRUCTION OF A ONE-STORY ADDITION
TO AN EXISTING RESIDENCE LOCATED AT
18501 MONTPERE WAY
WHEREAS, the applicant, Shahrokh Kazemzadeh, has applied for
Administrative Design Review approval to build a one-story addition off the back of
his existing single-story home;
WHEREAS, on May 14, 1997, the Planning Commission of the City of
Saratoga held a hearing on an appeal of an Administrative Design Review approval
issued by the Community Development Director for said application, at which time all
interested parties were given a full opportunity to be heard and the present evidence
and following the conclusion thereof the Planning Commission denied the appeal;
WHEREAS, the appallant for the Planning Commission, Chetid Jensen has
appealed the denial of the appeal by the Planning Commission to the City Council;
WHEREAS, on June 4, 1997, the City Council conducted a heating on the
appeal, at which time any person interested in the matter was given a full opportunity
to be heard;
WHEREAS, the City Council reviewed and considered the staff report, minutes
of proceedings conducted by the Commission relating to the prior appeal, and the
written and oral evidence presented to the City Council in support of and in
opposition to the appeal.
NOW, THEREFORE, the City Council of the City of Saratoga does hereby
resolve as follows:
1. Administrative Design Review findings for AR-97-001. By split vote of
the City Council (Councilmembers Bogosian and Shaw voting in
opposition) the appeal from the Planning Commission is hereby denied,
the decision of the Community Development Director to approve an
Administrative Design Review to construct a 1,483 sq. ft., 13 ft. Tall,
one-story addition off the back of an existing 1,756 sq. ft. single story
residence, is affirmed, to wit:
The applicants have met the burden of proof required to support the
Administrative Design Review application, and the following findings
have been determined:
· The proposed addition is not governed by Saratoga's General Plan
density requirements; it is an existing 'single family residential lot
and will remain so. The single story addition meets Zoning
Ordinance requirements in terms of allowable floor area, lot
coverage and building height and minimum setbacks.
· The addition is located a reasonable distance from the
Wildcat/Vasona Creek bank. Staff has visited the property and the
distances between the creek bank and existing and proposed
improvements appear to be accurate.
· Saratoga's Zoning Ordinance requires a 25 ft. rear yard setback in
this zoning district, which is measured from the back property line.
There is no City ordinance that requires specific setbacks from
creek banks, nor has there been in the past. On more recent
subdivisions the Planning Commission has required open
space/riparian habitat easements to be recorded to prohibit
development near creeks.
· The Santa Clara Valley Water District was also consulted on this
proposal and their requirements would become conditions of
approval.
· No evidence has been presented that the addition as proposed
would cause further erosion of the creek or would impact the creek
in any way.
· No actual nexus has been shown between the structure as proposed
and potential erosion in the creek.
Section 2. After careful consideration of the site plan, and other exhibits
submitted in connection with this matter, the application of Kazemzadeh for
Administrative Design Review approval be and the same is hereby granted to the
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extent set forth above and subiect to the conditions previously imposed by the
Community Development Director.
~ection 3. Applicant agrees to hold City harmless from all costs and expenses
incurred by the City or held to be the liability of City in connection with City's
defense of its actions in any proceeding brought in any state or federal court,
challenging action with respect to the applicant's project.
Section 4. Condition. Non-compliance with any of the conditions of this
approval shall constitute a viohtion of the approval. Because it is impossible to
estimate damages the City could incur due to the violation, liquidated damages of
$250 shall be payable to the City for each day the violation continues to exist.
Passed and adopted at a regular meeting of the City Council of the City
of Saratoga held on the 2nd day of ~ul2t ,1997 by the following vote:
AYES: Councilmembers Bogosian, ]acobs, Shaw, Wolfe, and Mayor Moran
NOES None
ABSENT: None
Mayor
ATTEST:
City Clerk
MSR:dsp
June 20, 1997
F:XWPDLMNRSW~73XRES97kARg~001.120
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