HomeMy WebLinkAboutCity Council Resolution 03-027
CITY COUNCIL
CITY OF SARATOGA
STATE OF CALIFORNIA
RESOLUTION No. 03-027
CONTAINING FINDINGS AND DECISION BY CITY COUNCIL REGARDING DENIAL OF
APPEAL BY WILLIAM F. BRECK OF V ARlANCE GRANTED BY PLANNING COMMISSION
TO MITCHELL AND TRACY CUTLER
FOR 25-FOOT LONG, SIX FOOT HIGH WALL AT 14480 OAK PLACE
WHEREAS, the City of Saratoga City has received and reviewed an appeal by
William F_ Breck as to the approval ofa Variance by the Planning Commission for a 25-foot
long, six foot high wall at 14480 Oak Place;
WHEREAS, Applicants Mitchell and Tracy Cutler requested approval of a
Variance from the City's three-foot maximum front yard wall height to authorize a height
of six feet for the yet to be constructed 25-foot long section of a property line wall
between the CUTLER and GOLDMAN properties and abutting Appellant's property;
WHEREAS, the location of the Variance which has been appealed by William F.
Breck is a portion of the rear yard of the GOLDMAN property and the side boundary
line ofthe ITont yard ofthe CUTLER property;
WHEREAS, said Variance Application was approved by the City Planning
Commission on February 12,2003;
WHEREAS, on May 7, 2003, following a duly noticed and conducted de novo Public
Hearing at which all interested parties were given a full opportunity to be heard and to
present evidence, the City Council considered all testimony and evidence presented
including all materials prepared by City Staff, the Appellant, Applicant and other interested
parties and rendered its decision on the Variance sought by Mitchell and Tracy Cutler for
said 25-foot long section of the property line wall; and
WHEREAS, the City Council hereby adopts the following findings and final decision
on the Variance Application by Mitchell and Tracy Cutler for the 25-foot long section of
property line wall between the CUTLER and GOLDMAN properties to be six feet in
height.
Now, THEREFORE, the City Council of the City of Saratoga does hereby find,
decide and resolve as follows regarding the Variance Application by Mitchell and Tracy
Cutler for the 25-foot long section of the property line wall between the CUTLER and
GOLDMAN properties to be six feet in height, after careful consideration of said
Application, and presentations made to it by City Staff and other interested persons.
FINDINGS
Required Finding Under Saratoga City Code section 15-70.060 (a). That
because of special circumstances applicable to the property, including size,
shape, topography, location or surroundings, strict enforcement of the
specified regulation would deprive the applicant of privileges enjoyed by the
owners of other properties in the vicinity and classified in the same zoning
district.
The City Council finds that there are special circumstances applicable to the
property as to which the strict enforcement of the height limits for walls would
deprive the Applicant of privileges enjoyed by owners of other properties in the
vicinity and classified in the same zoning district in that the following facts
constitute special circumstances warranting the approval of a variance:
1. The CUTLER parcel is surrounded by 10 other parcels and the front yard
of the property adjoins the rear and side yards of adjoining properties
instead of a street frontage;
2. A wall limited to three feet in height adjacent to the rear yard of an
adjacent property would deprive the Applicant of privileges (such as
privacy) enjoyed by owners of other properties in the vicinity.
Required Finding Under Saratoga Citv Code section 15-70.060 (b). That the
granting of the variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties in the vicinity and
classified in the same zoning district.
The City Council finds that the granting of this Variance will not constitute a grant
of a special privilege inconsistent with the limitations on other properties in the
vicinity and classified in the same zoning district. This finding is based on the fact
that in the location where the variance is sought, the CUTLER side property line
within the CUTLER front yard setback is adjacent to the rear yard and side yard
of adjacent properties. Other properties in the same zoning district would be
approved for screening the side of their rront yard from the rear yard of an adjacent
property_
Required Finding Under Saratoga City Code section 15-70.060 (c). That the
granting of the variance will not be detrimental to the public health, safety or
welfare, or materially injurious to properties or improvements in the vicinity.
The City Council finds that the granting of this Variance will not be detrimental to
the public health, safety and/or welfare in that the wall is perpendicular to
Highway 9 and will not reflect sound back to other neighbors. The City Council
further finds that the granting of this Variance will not be materially injurious to
properties or improvements in the vicinity in that the increased wall height of six
feet will be the same as the height of the existing chain link fence allowed for the
rear yard on the immediately adjacent shared property line with the GOLDMAN
property and the same height as any other fence or wall that could be constructed
in the rear yard of the adjoining property.
DECISION
The Planning Commission decision is affirmed and the Variance Application by Mitchell
and Tracy Cutler allowing the 25-foot section of wall between the CUTLER and
GOLDMAN properties to be six feet in height is granted by the City Council, subject to
the following conditions, full performance of which is hereby made a prerequisite of the
actual issuance of the Variance hereby granted: '
1. That all of the recommendations of the City Arborist and previously adopted
by the Planning Commission regarding protection of trees related to the
development of walls on the Cutler property be fully implemented to the
satisfaction of the City Community Development Director.
2. That the cost associated with preparing City Arborist Reports regarding
protection of trees related to the development of walls on the Cutler property
be reimbursed to the City.
3. That all applicable City fees be paid in full.
4. That all agreements between Applicants and City for Applicants to replace
trees be fully implemented_
5. That a landscape plan consistent with the City Arborist's recommendations be
submitted to the City for review and approval.
6. That the height of the existing 190-foot wall along the property line between
the CUTLER property and the DA VIES and SMITH properties be reduced
to six feet in height.
7_ That the Applicants execute an indemnification agreement with the City
satisfactory to the City Attorney.
PASSED AND ADOPTED by the City of Saratoga City Council, State of California,
this 21st Day of May 2003 by the following roll call vote:
AYES:
Councilmember Kathleen King, Norman Kline,
Vice Mayo,· Ann Waltonsmith, Mayor Nick Streit
NOES:
None
ABSENT:
None
ABSTAIN:
Councilmember Stan Bogosian
(Û~/
Mayor, City of Saratoga May 22, 2003
of Saratoga May 22, 2003
NOTICE TO APPELLANT: YOUR APPEAL HAS BEEN
DENIED. IF YOU INTEND TO SEEK JUDICIAL REVIEW OF THIS
DECISION, THE DEADLINE TO DO SO IS GOVERNED BY
CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 1094.6.
ANY SUCH PETITION SHALL BE FILED NOT LATER THAN THE
90TH DAY FOLLOWING THE DATE ON WHICH THE DECISION
BECOMES FINAL. THIS DECISION IS FINAL ON MAY 21st, 2003
AND THIS NOTICE WAS SERVED ON MAY 22, 2003 BY:
MAILING BY FIRST-CLASS MAIL, POSTAGE PREPAID,
INCLUDING A COPY OF THE AFFIDAVIT OR CERTIFICATE OF
MAILING TO APPELLANT.
PROOF OF SERVICE
I certify and declare as follows:
I am over the age of 18, and not a party to this action. My bnsiness address is City of Saratoga,
13777 Fmitvale Avenue, Saratoga, CA 95070, which is located in Santa Clara County where the seJvice
described below took place.
I am familiar with the business practice at my place of business for the collection and processing
of correspondence for mailing with the United States Postal SeIVice. Correspondence so collected and
processed is deposited with the United States Postal SeIVice that same day in the ordinary course of
business_
On May 22, 2003, the following document(s):
1. RESOLUTION CONTAINING FINDINGS AND DECISION BY CITY
COUNCIL REGARDING DENIAL OF APPEAL BY WILLIAM F. BRECK OF
VARIANCE GRANTED BY PLANNING COMMISSION TO MITCHELL AND
TRACY CUTLER FOR 2S-FOOT LONG, SIX FOOT mGH W ALL AT 14480
OAK PLACE
was placed for deposit in the United States Postal SeIVice in a sealed envelope, with postage fully paid to:
William F. Breck
20375 Saratoga-Los Gatos Road
Saratoga, CA 95070
Mitchell and Tracy Cutler
14480 Oak Place
Saratoga, CA 95070
I certify and declare under penalty of perjury that the forgoing .
Dated: May 22, 2003