HomeMy WebLinkAboutCity Council Resolution 2155 RESOLUTION NO. 2155
I~_E-_~0LUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA REVERSING A DECISION OF THE PLANNING
COMMItION
WHEREAS, Glen and Ellen McLaughlin, the applicants, have applied to the
City of Saratoga for design review approval for a minor second story expansion and
additions to an existing residence at 14016 Camino Barco, such application being
identified as A-956, and have further applied for a variance to allow existing and
proposed second story decks, posts and arbors which do not maintain the required rear
yard setback, such application, being identified as V-636; and
WHEREAS, on April 25, 1984, the Planning Commission of the City of
Saratoga conducted a public hearing on said applications, and following the conclusion
thereof, the Planning Commission approved the design review application, approved
the variance application with respect to the existing second story balcony and the
proposed posts and arbors, and denied the variance application with respect to the
proposed addition to the second story balcony; and
WHEREAS, the applicants have appealed to the City Council the decision
of the Planning Commission denying the variance with respect to the proposed addition
to the second story balcony; and
WHEREAS, on June 6, 1984, the City Council conducted a de novo public
hearing on the appeal, at which time any person interested in the matter was given an
opportunity to be heard; and
WHEREAS, the City Council reviewed and considered the staff reports,
minutes of proceedings conducted by the Planning Commission relating to said
application, and the written and oral evidence presented to the City Council in support
of and in opposition to the appeal,
NOW, THEREFORE, the City Council of the City of Saratoga at its regular
meeting on June 6, 1984, by a vote of three to two with Councilmembers Callon and
Fanelli opposed, did resolve as follows:
1. The appeal from the Planning Commission was upheld and the
decision of the Planning Com mission was reversed.
2. The City Council was able to make the findings required to grant a
variance for the proposed addition to the second story balcony, based upon the
following considerations:
(a) The encroachment into the rear yard setback is a result of the
residence being mistakenly constructed by the original
developer at the wrong location upon the site.
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(b) The existing residence is somewhat unusual in design in that the
second floor comprises the living area and the first floor is
exclusively bedrooms. The proposed additions to the second
story balcony will constitute a part of the living area.
(e) The lot upon which the residence has been constructed is
irregular in shape and lower in elevation than the surrounding
lots. By reason of this topography, together with screening
provided by trees and landscaping which now exist or will be
installed, the proposed balcony will not encroach upon the
privacy of adjacent neighbors. No objection to the variance has
been made by any of the neighbors.
(d) The proposed balcony will enhance the architectural appearance
of the residence by reducing the perception of mass and bulk,
and will also provide energy saving through the installation of a
solar porch.
(e) It is a common privilege to have a deck area adjacent to the
main living space within a residence such as a livingroom or
familyroom.
Based upon the foregoing considerations, the City Council found and
determined that a strict interpretation of the Zoning Ordinance in this ease would not
be consistent with the objectives of the ordinance; that exceptional or extraordinary
circumstances exist with respect to the design of the residence and topography of the
site; that denial of the variance would deprive the applicants of a common privilege;
that the granting of the variance would not constitute a special privilege and would
not be detrimental to the public health, safety and welfare.
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 20th day of June, 1984,
by the following vote:
AYES: Cotmci~s Clevenger, Hlava, FDyles and Mayor Fanelli
NOES: None
ABSENT: Councilmember Callon
Mayor
ATTEST:
~='?~r~ City Clerk
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