HomeMy WebLinkAboutCity Council Resolution 2296 RESOLUTION NO:. 2296
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA REVERSING A DECISION O1~ THE PLANNING
COMMISSION
WHEREAS, FRIEDA MeKENz[~., the applicant, has applied to the City of
Saratoga for a use permit to legalize an existing second unit bented at 20471 Williams
Avenue, such application being identified as SUP-13, and
WHEREAS, on October 23, 1985, the Planning Commission of the City of
Saratoga conducted a public hearing on said application, and following the conclusion
thereof, the Planning Commission denied the application; and
WHEREAS, the applicant has appealed the decision of the Planning
Commission to the City Council; and
WHEREAS, on December 4, 1985, and December 18, 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 December 18, 1985, by a vote of 3-2 with Councilmembers Clevenger and
Hlava dissenting, did resolve as follows:
1. The appeal from the Planning Commission was upheld and the
decision of the Planning Commission was reversed.
2. The Council found that the second unit has been in existence for a
considerable period of time and a substantial investment therein has
been made by the owner. No complaints have been received by the
City concerning this unit. The owner has resided in the City for
many years, but is unable to occupy either the main dwelling or the
second unit on the site. Under the circumstances, the owner has
presented sufficient evidence of extreme hardship to justify a waiver
of the owner occupancy requirement, but only during the period of
time the property is owned by this applicant. Upon any sale or other
transfer of the property, the owner occupancy requirement will again
be applicable.
3. No waiver of the age requirement was granted and either the main
dwelling or the second unit must be occupied as the principal
residence of a person who is sixty yeares of age or older or a person
who is physically handicapped.
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4. The second unit use permit was granted subject to the following
conditions:
(a) A covered parking place shah be provided on the site in addition
to the two covered parking spaces for the main dwelling.
(b) The applicant shall install landscaping between the second unit
and the east property line, as approved by the Director of
Community Deve]opment.
(e) The applicant shall comply with the conditions and the
recommendations contained in the inspection report, as
described in the staff Report to the Planning Commission dated
October 11, 1985.
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 7th day of January,
1986, by the following vote:
AYES: Councilmembers Fanelli, Hlava, ~yles and Mayor Clevenger
NOES: None
ABSENT: Councilmember Callon
MAYOR (~7
ATTEST'
CITY CLERK f
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