HomeMy WebLinkAboutCity Council Resolution 98-51 RESOLUTION NO. 97 - 51
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA GRANTING AN APPEAL FROM
THE DECISION OF THE PLANNING COMMISSION
RELATING TO USE PERMIT APPROVAL
UP-97-012, IMMANUEL LUTHERAN CHURCH/ONE
WORLD MONTESSORI SCHOOL; 14 I03 SARATOGA AVENUE
WHEREAS, Immanuel Lutheran Church/One World Montessori School, the
applicant had made an application for a one-year use permit approval to utilize
facilities at the Immanuel Lutheran Church for use by the One World Montessori
School for operation of a school for a maximum of I45 students; and
WHEREAS, on October 22, 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 grant the use
permit approval, with conditions; and
WHEREAS, appellant Fiona Rodrigues has appealed the granting of use permit
approval by the Planning Commission to the Council; and
WHEREAS, on December 3, 1997, the City Council conducted a de novo
public hearing on the appeal, which included a review of the entire use permit
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 relative to the
application, and all 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:
1. By unanimous vote of the City Council (Councilmember Jacobs
abstained from participation due to a potential conflict of interest) the appeal from
the Planning Commission is hereby granted, to wit:
The applicant has failed to meet the burden of proof required to support
the application for use permit approval and the following findings have been
determined:
The proposed conditional use will adversely affect existing single-family
residential uses in the immediate neighborhood and will adversely affect surrounding
residential properties and the occupants thereof by virtue of existing traffic
conditions and traffic safety problems which would result from the proposed .,.
conditional use and would impact surrounding streets with constrained existing
access for ingress and egress, such as Seagraves Way, Squirrel Hollow Lane, Lana Rio
Drive, lerries Drive, June Way and Herriman Drive.
Passed and adopted at a regular meeting of the City Council of the City
of Saratoga held on the 17th day of December ,1997 by the following vote:
AYES: Councilmembers Bogosian, Moran, Shaw and Mayor Wolfe
No s
ABSTAIN: 3acobs
City~ier~
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December 9, 1997
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