HomeMy WebLinkAboutCity Council Resolution 97-36SEP-lO-97 14ED 15:23 liEYERS, NaV]~,RIBEK&SILV. Fa~( NO. 510 351 z1481 ' P~ 02704
RESOLUTION NO. ~)7- 9§
RESOLUTION OF THE CITY COUNCIl, OF
THE CITY OF SARATOGA GRANTING AN
APPEAL FROM THE DECISION OF THE
PLANNING COMMISSION
DK-97-014; PINN BROTHERS CONSTRUCTION
14200 TAOS COURT (LOT 7)
WHEREAS, Pinn Brothers Construction, the applicanLs, have applied for
design review approval to construct a 5,860 square foot one-story residence at a
height of 22 feet; and
WIIEREAS, on July 23, 1997, the Manning Commission of the City of
Saratoga held a duly noticed public hearing on said application at which time all
interested panics were given a full opportunity to be heard and to present evidence,
and following the condusion thereof, the Planning Commission granted the
application; and
WHEREAS, the granting of the application by thc Manning Commission has
been appealed to the City Council by Rich and Cormie Walker, and Jeff and Lisa
Applegate. appellants; and
WHE~, on September 3, 1997, the City Council conducted a de novo
hearing on the appeal at which time any person interested in the matter was given a
full opportunity ~o be heard and to present evidence; and
WHEREAS, the City Council reviewed and considered the staff report,
minutes of proceedings conducted by r. he Planning Commission relating to the
application and the written ~md oral evidence presented to the City Council in
support of ~ in opposition to the appeal.
NOW, THEILEI=ORE, bc it rcsolvcd by the City Council of the City of
Saratoga as follows:
SEP-10-97 WED 15:23 IiEYERS, NAVE,RIBAOKB, SILV. F~X NO. 510 351 448~ H. u~/u~
1. By unanimoug vote of the City Council (Coundlmember Wolfe being
absent) the appeal from the Planning Commission is hereby grained and fie decision
of the Harming Commission is reversed, to wit: the applicant has not met the burden
of proof required to support the design review application and the City Council is
unable to make the findings requi~ecl by Section 15-45.080 of the Saratoga
Mmxicipal Code, and by Condition No. 24 of Resolution No. SD-92-008, in that:
The proposed residence will not be compatible in terms of bulk or size, and
height with existing residential structures on adiaccnt lo~s so the north of
the subjea propcRy. In particular:
The 22' heigh~ of the proposed residence is not compatible with the
existing residential structure on the adjacent lot to the north ( 14188
Quail Acres) which is 18'* in height and on which lot the grade is 10'*
lower than that of the subject property- an effective difference in height
of over 70 percent.
- The 22' height of the proposed residence is not compatible with the
existing residential structure on the adjaccatt lot to the north (14180
Quail Acres) which is approximately 16' - 17'* in height - a difference of
appxox~nately 30 percent.
The 5860 square foot size of the proposed residence is not compatible
with the size of the existing residential structure on the adjacent lot to
the north (14188 Quail Acres) which is approximately 2400* square
feet in size - a difference of over 100 percent.
The 5860 square foot size of the proposed residence is not compatible
with the size of the existing residential structure on the adjacent lot to
the north (14180 Quail Acres) which is approximately 3400* square
feet in size - a difference of over 65 percent.
Stated measurements, as purported by appelhnts.
2
SEP-10-97 WED 15:24 liEYERS, NAVE, RIBAOK~S]LV. F~X NO. 5]0 35] 4483 ~. u~/u4
2. After careful consideration of the site plan, archReattral drawings, plans
and other exhibits submitted in connection with this matter, the application of Pinn
Brothers Construction for de$igrt review approval be and the same is hereby denied
without prejudice.
Passed and ado ted at a regular meeting of the City CouncA1 of the City of
Saratoga lteld on the .~....7t~ day of.. SePtemb.e.r......, 1997 by the following vote:
AYES: Councilmembers Bogosian, 3acobs, Shaw, Wolfe, and Mayor Moran
NOES None
ABSENT: None
Mayor
ATTEST:
City Clerk
MSR:~lsp
Septcrttb~r 10, 1997