Loading...
HomeMy WebLinkAboutCity Council Resolution 2178 RITaOLUTION NO. 2178 RESOLUTION OF THE CITY COUI~ICIL OF THE CITY OF SARATOGA REVERSING AN ADMINISTRATIVE DECISION OF THE PLANNING DIRECTOR WHEREAS, Leon Moore, the applicant, has applied to the City of Saratoga for a tree removal permit pursuant to Chapter 8, Article IV of the Saratoga City Code, for removal of a tree upon the applieant's property located at 13465 Hammons Avenue; and WHEREAS, on August 14, 1984, the Planning Director of the City of Saratoga denied the application; and WHEREAS, the applicant has appealed the administrative decision of the Planning Director to the City Council; and WHEREAS, on September 5, 1984, the City Council conducted a de novo 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 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 meeting on September 5, 1984, by a unanimous vote, did resolve as follows: 1o The appeal from the administrative decision of the Planning Director was upheld and the decision of the Planning Director was reversed. 2. The City Council found and determined that the tree unreasonably restricts the applieant's economic enjoyment of his property, based upon the following considerations: (a) The tree is located in close proximity to the existing residence and its clearance from the structure will be further reduced upon construction of a new addition to the residence which has already been approved by the City. (b) The tree is not full grown and if allowed to grow to its expected size, the tree will interfere with and may cause damage to the residential structure. (e) The tree was planted by a former owner of the residence and is not native to the property. The present and expected size of the tree indicates that it was planted in the wrong location relative to the improvements on the site. (d) Although the applicant is encouraged to install replacement landscaping to compensate for removal of the existing tree, the -1- planting of a replacement tree shall not be a condition for issuance of the permit. 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 19th day of September, 1984, by the following vote: AYES: Councilmembers Callon, Clevenger, Hlava, Moyles and Mayor Fanelli NOES: None AYOR ATTEST: CITY CLERK J -2-