HomeMy WebLinkAboutCity Council Resolution 2198 ~LUTION' NO. 2198
RE,SOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA REVERSING AN ADMINISTRATIVE DECISION OF
THE DIRECTOR OF COMMUNITY DEVELOPMENT
WHEREAS, KENNETH ALVISO, 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 two Chinese Elm trees upon the applicant's property located
at 18596 Martha Avenue; and
WHEREAS, on or about October 9, 1984, the Director of Community
Development denied the application; and
WHEREAS, the applicant has appealed the administrative decision of the
Director to the City Council; and
WHEREAS, on November 7, 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 November 7, 1984, by a vote of 2-0-1, with Councilmembers Moyles and
Hlava voting in favor and Councilmember Cal]on abstaining, did resolve as follows:
1. The appeal from the administrative decision of the Director of
Community Development was upheld and the decision of the Director
was reversed.
2. The City Council found and determined that the tree unreasonably
restricts the applicant's economic enjoyment of his property, based
upon the following considerations:
(a) The tree roots are causing damage to the curb and gutter and
such damage is likely to increase if the trees are not removed.
(b)The trees are preventing the applicant from landscaping his
front yard.
(c) If replaced by the planting of substitute trees, the removal of
the existing trees will not adversely affect the neighborhoed.
3. Granting of the tree removal permit was conditioned upon the
applicant planting substitute trees, as approved by the Director of
Community Development.
The above and foregoing resolution was passed and adopted at a regular adjourned
meetin of the City Council of the City of Saratoga held on the 27~5h day of
Nov~er
. , 1984, by the following vote:
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AYES: CounciLmembers Clevenger, Hlava, Moyles and Mayor Fanelli
NOES: None
ABSENT: Councilmenber Callon
MAYOR '
ATTEST:
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CITY CLERK
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