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HomeMy WebLinkAboutCity Council Resolution 2013 RESOLUTION NO. 20] 3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA REVERSING A DECISION OF THE PLANNING COMMISSION, MAKING REQUISITE FINDINGS, GRANTING A VARIANCE AND APPROVING DESIGN REVIEW FOR V-592 AND A-833 WHEREAS, applicant Walter E. Muir has requested Design Review and Variance approval to construct an addition to an existing dwelling; and WHEREAS, said proposed addition is not in conformity with Ordinance NS-3.47, Section 5(a), regarding maximum floor area ratio; and WHEREAS, Section 6 of Ordinance NS-3.47 provides that an exception to said ordinance may be granted by the Planning Commission through the variance procedure as set forth in Section 17 of the Zoning Ordinance; and WHEREAS, on August 11, 1982, the Planning Commission held a public hearing on applicants' request for Design Review and Variance approval and after said public hearing denied said request; and WHEREAS, applicants have appealed the Planning Commission's decision to the City Council pursuant to Section 17.7 of the Zoning Ordinance; and WHEREAS, on September 15, 1982, the City Council held a de novo public hearing and after the closing of said public hearing reviewed and considered the applicants' request, staff reports, minutes of the Planning Commission meeting of August 11, 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- 1. The applicants' appeal from the Planning Connnission is granted and the decision of the Planning Conunission 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, Design Review for V-592 and A-833 is hereby approved, and a Variance to Sections 5(a) and 5(b) of Ordinance NS-3.47 is hereby granted. 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 6th day of 0ct0ber , by the following vote: AYES: Councilmembers Clevenger and Mallory NOES: None ABSENT: Mayor Call0n ABSTAIN: Councilmembers Fanelli and Moyles ~' ATTEST: CITY CLERK Y -2- EXHIBIT "A" FINDINGS 1. Strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Zoning Ordinance in that the Community College on the opposite side of the Street has constrained the full and effective use and enjoyment of the site as designated under the general purposes of the Zoning Ordinance. 2. There are exeptional or 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 in that there exists and will be retained a very large front setback and there is no impact on the privacy of adjacent properties. 3. Strict or literal interpretation and enforcement would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same Zoning District in that other properties have been granted the privilege of exceeding the standard floor area. 4. The granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same Zoning District in that other properties have been granted the privilege of exceeding the standard floor area. 5. The granting of this variance is not detrimental to the public health, safety or welfare or materially injurious to properties in the vicinity in that it will enhance the neighborhood and there has been no testimony or evidence presented which claims or tends to show detrimental or injurious effect to the public health, safety or welfare. -1-