HomeMy WebLinkAboutCity Council Resolution 765 RESOLUTION NO. 765
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SARATOGA REVERSING PLANNING COMMISSION
AND GRANTING OF VARIANCE
WHEREAS, on the ]0th day of November..., 1975, VIRGIL
M!~~'. VOSS, as applicant, Saratoga File V-440, did file with
the Planning Commission of this City an application for a
variance from front yard setback and side yard setback
requirements, for a certain horse corral. and stable located
upon that certain real property known as i~982 Sobey Road,
Saratoga, California, a more precise description of'which
real property is' attached hereto marked Exhibit "A" and
incorporated heroin by reference, and which corral and stable
are designed for use and occupancy by not more than one
horse, and
WHEREAS, more specifically, said application requested
a variance from the provisions of Ordinance NS-3, Section
3.2(e) for a 1 ft. corral setback and a 4 ft. stable setback
from the front property line along Sobey Road,. and a 12 ft.
side yard setback from the side property line by inference,
and
WHEREAS, after public hearing held thereon before the
said Planning Commission on the ]4th day of Janua.~y , 197~~,
said application for variance was denied, and within the proper
time limit said applicant appealed said denial to this Council,
and after hearing on said appeal before said City Council
on' the ]St__b day of February ., 1976, and after representations
having been made to the said Council in open meeting by said
VIRGIL ~!~!!~. VOSS that at no time would said' corral and/or stable
ever be used for more than one horse, and based upon said
representations, and based upon the records, papers and files
in the within matter, and based upon the arguments and matters
presented at said hearing, and good cause appearing therefor,
This Council hereby finds and determines that under
the circumstances of the within case:
(1) That strict or literal interpretation and enforce-
ment of the specified regulation would result in practical
difficulty or unnecessary physical hardship inconsistent with
the objectives of the zoning ordinance.
(2) That there are exceptional nr extraordinary
circumstances or conditions applicable to the property involved
or to the intended use of the property which do not apply
generally to other properties classified in the same zoning
district.
(3) That strict or literal interpretation and enforce-
ment of the specified regulation would deprive the applicant
of privileges enjoyed by the owners of other properties
classified in the same zoning district.
(4) That the granting of the variance will not con-
stitute a grant of special privilege inconsistent with the
limitations on other properties classified in the same zoning
district.
(5) That the granting of the variances will not be
detrimental to the public health, safety or welfare, or
materially injurious to properties or improvements in the
vic inity.
By reason of the foregoing, and pursuant to Section
17.8 of Ordinance NS-3 the City Council of the City of Saratoga
hereby resolves as follows:
Conditioned as hereinafter set forth, and to last only
so long as hereinafter set forth, the hereinabove referred
to action of the Saratoga City Planning Commission is reversed,
and applicant, VIRGIL Hi VOSS, be and he is hereby granted
the hereinabove referred to variances of a 1 ft. corral setback
and a 4 ft. stable setback from the front property line of
said parcel fronting on Sobey Road, and a 12 ft. side yard
setback from the side property line closest to said stable
and corral.
Said variance is granted subject to the following
conditions:
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(a) Applicant shall take out a Building Permit for
said corral and stable within thirty (30) days from date
hereof, and shall cause said structures to be erected and
constructed strictly in accord with all applicable building
regulations;
(b) Said corral and stable shall at no time be used
for more than one horse, and in the event either said corral
or stable are used in violation of this provision, or is not
used for a period of six coDsecutive months for the purpose
of maintaining one horse, the within variance shall automatically
become void and of no further force or effect.
(c) The provisions of the within variance and con-
ditions shall run with the land, shall be binding UPOn the heirs,
successors and assigns of applicant, and said variance shall
not take effect or be in force and effect unless and until a
certified copy of the within resolution is recorded in the
Recorder's Office of Santa Clara County.
The above and foregoing resolution was duly presented,
passed and adopted by the City Council of the City of Saratoga
at a regular meeting thereof held on the 3rd day of March,
1976, at which a quorum was present, by the following vote:
AYES: Councilmen Bridges, Brigham, Corr, & Matteoni
NOES: Councilman Kraus
ABSENT: None .~~~. ~./~~~
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