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HomeMy WebLinkAboutCity Council Resolution 132 RESOLUTION NO. 132 RESOLUTION ON APPEAL - ~-33 WHEREAS an appeal to the City Council has been taken by GEORGE J. RATTY, pursuant to Sections 16.7, 16.8, and 16.11 of Ordinance NS-3 of this City, from the decision rendered on August 13, 1962, of the Saratoga Planning Commission confirming the suspension of said ap'plicant's use permit for the 'premises known as 'Wildwood Park", and WHEREAS said hearing on appeal has been regularly continued from its hearing date of September 5, 1962, to September 19, 1962, at which time on said hearing on appeal said Council determined, by a majority vote of its members present, that it wo.u]d be more Just and equitable to have a hearing de~."novo on the same, and by such majority vote ordered such hearing be held thereon on the 19th day of September, 1962, at the hour of ~;..~O o~"clock P.M. of said day at the Fruitvale School Auditorium, Fruitvale School, Fruitvale Avenue, Saratoga, California, at which time and 'place said hearing de novo was held, and WHEREAS at said hearing new and additional evidence has been introduced on behalf of Appellant which evidence was not before the said Planning Commission, and which evidence satisfies this Council that no further use of said Wildwood Park property will be made for the use or uses a~ enumerated in said use permit, from and after October 1, 1962, and the Council finding that under the circumstances of this limited use that there has been sub- stantial compliance with the conditions of said use permit to date, and that Appellant has met the burden of proof required, -1- NOW, the City Council of the City of Saratoga hereby resolves as follows: SECTION 1: That this Council finds that the above ........ recitals are true and correct, and further that Applicant is abandoning, as of October 1962, the use as mere particularly set forth in the Planning Commission Resolution and Use Permit No. UP-33-1 of this City. SECTION 2: That there has been substantial com- pliance by Ap~ with all the conditions of the Use Permit, and the of said Use Permit be and the same is hereby revoked, .said Use Permit to remain operative under all the conditions thereof to October 1, 1962, save and except that no further compliance need be made of ,Condition 1 of said permit° SECTION 3: The decision of the Planning Commission of the City of Saratoga of August 13, 1962, is hereby modified in accord with the foregoing° The above and foregoing resolution was passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 19th day of 1962, by the following vote: AYES: Brazil, Glennon, Drake, Hartman NOES: None ABSENT: Ritchie ATTEST: