HomeMy WebLinkAboutCity Council Resolution 2212 RESOLUTION NO. 2212
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA UPHOLDING IN PART AND REVERSING IN PART
A DECISION Ol~ THE PLANNING COMMISSION
WHEREAS, ALBERT and ANN LORINCZ, the applicants, have applied to
the City of Saratoga for lot line adjustment, building site approval, design review
approval, and variance approval with respect to setbacks for an existing garage,
eabana and arbor, such application being identified as LL-6, SDR-1585, A-1040 and V-
680, and
WHEREAS, on January 9, 1985, the Planning Commission of the City of
Saratoga conducted a public hearing on said application, and following the conclusion
thereof, the Planning Commission approved the lot line adjustment and granted
building site approval, design review approval and variance approvals with respect to
the garage and arbor but denied the application for variance approval with respect to
the cabana; and
WHEREAS, DAVID J. MORRISON has appealed to the City Council all of
the approvals granted by the Planning Commission; and
WHEREAS, on February 6, 1985, 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
meeting on February 6, 1985, by a vote of 4-0 with Councilmember Fanelli abstaining,
did resolve as follows:
1. The appeal from the Planning Commission was denied and the
decision of the Planning Commission was affirmed with respect to
the lot line adjustment, building site approval and variance approval
for the garage and arbor.
2. The appeal from the Planning Commission was upheld and the
decision of the Planning Commission was reversed with respect to the
design review approval, ,the City Council being unable to make the
finding required under Subsection 13A.4(a) of the Design Review
Ordinance regarding unreasonable interference with views and
privacy. The Council was also of the opinion that the northerly
boundary of the subject property should be considered the rear yard
of Parcel 1 so as to require a 60 foot setback from the property line
if a multi-story structure is constructed upon Parcel 1 or a 5{} foot
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setback from said property line if a single story structure is
constructed upon Parcel 1, thereby reducing the privacy and view
impacts of the proposed development upon the adjacent parcel owned
by the Morrisons.
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
Fet:~_~_rv , 1985, by the following vote:
AYES: Coun~~s Callon, Clevenger, l~y~les and Ma~or Fanelli
ABSENT: Counci~ Hla~ra
' ~MAYOR '
ATTEST:
CITY CLERK
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