HomeMy WebLinkAboutCity Council Resolution 99-30
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RESOLUTION NO, 99- 3.Q..-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA DENYING AN APPEAL FROM
THE DECISION OF THE PlANNING COMMISSION;
APPUCANT/APPELLANf HARKEY: 20385 PARK PlACE
UP·97..o 15.1
WHEREAS, Mr. and Mrs. Harkey, the applicant has applied for modification
to an approved use pennit for a detached garage at the rear of the property; and
WHEREAS, on April 28, 1999, the Planning Commission of the City of
Saratoga held a 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 Plamùng Commission voted to deny the use pennit modifications; and
WHEREAS, the applicant has appealed the denial of the Planning Commission
to the City Council; and
WHEREAS, on June 2, 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 Counål reviewed and considered the staff report,
minutes of proceedings conducted by the Planning Commission relating to the
application, and all 'Nritten and oral evidence presented to the City Counål 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 the appeal from the Planning Commission is denied and the action
of the Planning Commission is affinned, to wit:
The Applicant has failed to meet the burden of proof required to support the
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Reso. 99-30
application for use permit modification approval and the following findings have been
determined:
(a) The proposed location of the garage entry/exit may be detrimental
to the public safety in that limited visibility of vehicles exiting the garage from the
proposed entry/exit could pose a hazard to the residents and the public; and
(b) The issue of traffic generated by ingress/egress from the alley and
the garage, was the subject of substantial testimony during the planning commission
hearing on the use pennit in 1997. The garage design as approved, in 1997 was the
result of public concern over traffic and safety. These factors have not changed and
therefore the garage should be constructed as originally approved.
. . .
Passed and adopted at a regular meeting of the City Council of the City of
Saratoga held on the 16th day of June. 1999. by the following vote:
AYES: Councilmembers Baker, Streit, t1ehaffey, Vi ce r'1ayor Bogos i an, nayor
Shaw
NOES: r'Jone
ABSENr: None
ABSTAlN:
ArrEST:
~a~
S;~{Í.~~
City Clerk
MSR:mb
June 7. 1999
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