HomeMy WebLinkAboutCity Council Resolution 99-15
RESOLUTION NO. 99-15
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA DENYING AN APPEAL FROM THE
DECISION OF THE PLANNING COMMISSION;
APPLICANT/APPELLANT LOH; 20651 LEONARD ROAD
V-98-011
WHEREAS, Mr. and Mrs. Loh, the applicant has applied for variance approval
for a 260 square foot storage shed previously constructed without permits, which
does not meet the front and sideyard setbacks and for a gazebo and deck which do
not meet height and setback requirements for the zoning district; and
WHEREAS, on January 13, 1999, 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 fully opportunity to be heard and to present evidence and
following the conclusion thereof, the Planning Commission voted to deny the
variance approval; and
WHEREAS, the applicant has appealed the denial of the Planning
Commission to the City Council; and
WHEREAS, on March 3, 1999, the City Council conducted a de novo public
hearing on the appeal, at which time any person interested in the matter was given
the 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 relating 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. After careful consideration of the site plan, architectural drawings, plans
and other exhibits submitted in connection with this matter, by
unanimous vote of the City Council (Councilmember Mehaffey being
absent) the appeal from the Planning Commission is denied and the
action of the Planning Commission is affirmed, to wit:
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Reso. 99-15
The applicant has failed to meet the burden of proof required to support
the application for variance approval and the following findings have
been detennined:
· That there are no special circumstances about the property that
would deprive the applicant of privileges enjoyed by the owners of
the other properties in the vicinity.
· That the granting of the variance would constitute a granting of
special privilege inconsistent with the limitations on other
properties in the vicinity and classified in the same zoning
district.
2. The Loh property shall be subject to the following conditions:
1. The storage shed shall be removed within 60 days of the effective
date of this Resolution.
2. The gazebo shall either be removed or comply with the setback
and height requirements of Section 15-80.030( e) of the Saratoga
Municipal Code within 60 days of the effective date of this
Resolution.
3, The deck shall either be removed or comply with the setback and
height requirements of Section 15-12.090 of the Saratoga
Municipal Code within 60 days of the effective date of this
Resolution.
4. All structures remaining on the property 60 days after the
effective date of this Resolution shall have building permits on file
with the City of Saratoga.
5. The deadline for completing the work described in the above
conditions 1 through 4 may be extended once for no more than
30 days, only upon the finding of exceptional circumstances by
the Community Development Director.
Applicant agrees to hold City harmless from all costs and expenses, including
attorney's fees, 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 the City's action with respect to the applicant's project.
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Reso. 99-15
Noncompliance with any of the conditions of this Resolution shall constitute a
violation of the permit. Because it is impossible to estimate damages the City could
incur due to the violation, liquidated damages of $250 shall be payable to this City
per each day of the violation,
The above and foregoing resolution was passed and adopted by the Saratoga
City Council at a regular meeting held on the 17tJ1 day of tJRrr.h , 1999,
by the following vote:
AYES: Couoci11TBlters Baker, Streit, ~affey, Vice M3yor Ib;rosian, Mayor Shaw
NOES: I't1ne
ABSENT: ~
ABSTAIN: I'b1e
ATfEST:
0-
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Mayor
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City Clerk
MSR:dsp
March 11, 1999
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