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HomeMy WebLinkAboutCity Council Resolution 1065 RESOLUTION NO. !0~.__ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA REVERSING A DECISION OF THE PLANNING CO!~MISSION, MAKING REQUISITE FINDINGS, DENYING USE PERMIT UP-511 WHEREAS, applicants J. Teresi and B. Hagan have requested Use Permit approval to construct 32 condominiums; and WHEREAS, said proposed use is not in conformity with Ordinance NS-3, Section 3.3, Article 4, and Article 16, regarding Planned Residential Developments in R~l Districts; and WHEREAS, Article 4 of Ordinance NS-3 provides that exceptions to ordinance standards may be granted by the Planning Commission through the Use Permit procedure as set forth in Article 16 of the Zoning Ordinance; and WHEREAS, On December 9, 1981, the Planning Commission held a public hearing on applicants' request for Use Permit approval and after said public hearing approved said request~ and WHEREAS, nearby residents have appealed the Planning Commission's decision to the City Council pursuant to Section 16.7 of the Zoning Ordinance; and WHEREAS, on March 3, 1982, the City Council held a de novo public hearing and after the closing of said public hearing reviewed and considered the appellant's request, staff reports, minutes of the Planning Commission meeting of December 9, 1981, and other evidence, both written and oral, presented to the Council during said public hearing; NOW, THEREFORE, the City Council of the City of Saratoga HEREBY RESOLVES as fol 1 ows: I. The appellant's appeal from the Planning Commission is granted and the decision of the Planning Commission is overruled. 2. The Council makes all of the findings as set out in Exhibit "A" attached hereto and incorporated herein by reference. 3. Having made the appropriate findings, UP-511 is hereby denied without prejudice. 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 l?thday of March , by the following vote: AYES: Councilmembers elevenget, Jensen, Mallory, Watson, Mayor Callon NOES: None ABSENT: None ATTEST: CITY CLERK Exhibit A REPORT OF FIM3INGS (Revised at Council Meeting of 3/17/82) UP-511 1. The proposed location of the conditional use is not in accord with the objectives of the Zoning Ord/nance and the purposes of the district in which the site is located in that proposed density is too great for the area, and that the two-story design along Buckhall ~Dad is incompatible with the adjacent one-story residences. 2. The proposed location of the conditional use and the conditions under which it ~Duld be operated or maintained will be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity in that traffic and drainage impacts have not been adequately studied and that proposed setbacks are inadequate.