HomeMy WebLinkAboutCity Council Resolution 2020 RESOLUTION NO. 2020
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA SUSTAINING A DECISION OF THE PLANNING
COMMISSION, MAKING REQUISITE FINDINGS, DENYING
WITHOUT PREJUDICE A VARIANCE V-589.
WHEREAS, applicant Steve Scialabba has requested a Variance
approval; and
WHEREAS, said proposed addition is not in conformity with
Ordinance NS-3.47, Section 5(d), regarding setbacks; and
WHEREAS, Section 6 of Ordinance NS-3.47 provides that an
.exception. to said ordinance may be granted by the Planning Commission
throught 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 Variance approval and
after said public hearing denied said request; and
WHEREAS, appellant, Steve Scialabba, has appealed the Planning
Commission's decision to the City Council pursuant to Section 17.7
of the Zoning Ordinance; and
WHEREAS, on October 6, 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 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. The appellants' appeal from the Planning Commission is denied
without prejudice, and the decision of the Planning Commission is sustained.
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, Variance to Section
5(d) of Ordinance NS-3.47 is hereby denied for V-589 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 20~h day of October, 1982, by the following vote:
AYES: Counciln~s Fanellir Mallory, and Moyles
NOES: Councilr~ Clevenger
ABSENT: None
ABSTAIN: Mayor Callon ...... ~ '
~:jZ~:.~.j'~.~;/,~i~!,."~.~:14, MAYOR
ATTE ST:
CITY
VARIANCE FILE NO. V-589
REPORT OF FINDINGS
1. That strict or literal interpretation and enforcement of the
specified regulation would not result in practical difficulty
or unnecessary physical hardship inconsistent with the objectives
of the Zoning Ordinance.
2. That there are no exceptional 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.
3. That strict or literal interpretation and enforcement of the
specified regulation would not deprive the applicant of privileges
enjoyed by the owners of other properties classified in the
same Zoning District since an addition could be built in
conformance with the objectives of the Zoning Ordinance.
4. That the granting of the variance will consititute a grant of
special privilege inconsistent with the limitations on other
properties classified in the same Zoning District.
5. The granting of the variance is not detrimental to the public
health, safety, or welfare, or materially injurious to properties
or improvements in the vicinity.