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HomeMy WebLinkAboutCity Council Resolution 1074 3/16/82 RESOLUTION NO. 1074 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA MODIFYING A DECISION OF THE PLANNING COMMISSION, MAKING REQUISITE FINDINGS, GRANTING USE PERMIT UP-514. WHE~REAS, applicants Jerry Jordan and John Henticks requested Use Permit approval to remodel a non-conforming two-story accessory structure; and P~EREAS, said proposed accessory structure is not in conformity with Ordinance NS-3, Section 3.7-1, regarding accessory structures in rear yards; and WHEREAS, Section 3.7-1 of Ordinance NS-3 provides that an exception to said ordinance may be granted by the Planning Commission through the use permit procedure as set forth in Section 16 of the Zoning Ordinance; and WHEREAS, on January 13, 1982, the Planning Commission held a public hearing on applicant's request for Use Permit approval and after said public hearing approved request for garage and storage use only; and WHEREAS, applicants 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 applicant's request, staff reports, minutes of the Planning Commission meeting of January 13, 1982, 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 follows: 1. The applicant's appeal from the Planning Commission is denied and the decision of the Planning Commission is modified as follows: Conditions deleted: (2) "The 220 wiring shall be removed from the structure." (3) "Outdoor illumination will be no higher than 6 feet." Condition added: (2) "~ plumbing or plumbing fixtures shall be allowed." 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, Use Permit 514 is hereby approved as conditioned. 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 7th day of April, 1982 , by the following vote: AYES: Councils Clevenger, Jensen, Mallory, Watson NOES: None NOT PARTICIPATING: Mayor Callon MAYOR ATTEST: CITY CLERK Exhibit A REPORT OF FINDINGS UP-514 1. That the proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located in that the restricted use and the con- ditions imposed on this use will mitigate any noncompliance with the objectives of the Zoning Ordinance. 2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, in that the use will be restricted tD garage and storage and its impact on adjacent properties will be limited by conditioning removal of window and restricting interior plumbing. 3. That the proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance when the imposed conditions have been met.