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HomeMy WebLinkAboutCity Council Resolution 2318 RESOLUTION NO: 23'18 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA REVERSING A DECISION OF THE PLANNING COMNNSION WHEREAS, PETER KYNELL and I~VA KYNI~LL (formerly McBain & Gibbs, Inc.), the applicants, have applied to the City of Saratoga for design review approval to construct a single-family residence at 2 1409 Toll Gate Road, such application being identified as A-1OlS, and WHEREAS, on October 23, 1985, and January 8, 1986, 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 applicants have appealed the decision of the Planning Commission to the City Council; and WHEREAS, on February 19, 1986, 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 19, 1986, by a vote of 3-2 with Councilmembers Clevenger and Moyles 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 was able to make the findings required for design review approval, based upon the following considerations: (a) The project will not unreasonably interfere with the privacy of surrounding residences, as determined in the Staff Report dated December 27, 1985. (b) The project will not unreasonably interfere with the views of the surrounding residences since the height of the structure will be reduced to 21 feet and will be measured to grade, in accordance with Seerion 15-i)6.340 of the Zoning Ordinance. (c) The project will preserve the natural landscape as it presently exists. Although the staff is of the opinion that certain grading activity may have been eonducted without a permit, it would appear that such grading was performed by the predecessor in -1- title of the applicants and the project is being designed to preserve the contours of the site as they existed at the time the property was acquired by the applicants. (d) The project will not create a perception of excessive bulk since the size and height of the structure have been reduced, the home will be located within the contours of the site and will not extend above the adjacent ridgeline, and the visual impact has been further mitigated by increased set-backs and landscape screening. (e) The proposed residence will be compatible with other homes in the immediate area. The larger square footage is attributable, in part, to a change in the method utilized by the City in calculating gross floor area. This change was implemented after the original application for design review approval on this project was submitted. Some newer homes in the area have been approved at a size of 6,200 square feet. 3. As a unique factor in the granting of approval in this case, the Council observed that the applicants had been given a specific directive from the Planning Commission as to the size and height of a structure which would be acceptable and the applicants have complied with such directlye. 4. With respect to the conditions of approval as recommended in the Staff Report dated December 27, 1985, such conditions are hereby adopted and imposed, except as follows: (a) Condition number 2 is modified to read: "Total gross floor area, as measured in accordance with Section 15-06.280(b) of the Zoning Ordinance, shall not exceed 6,972 square feet. (b) Condition number 12 is deleted. 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 5th day of March, 1986, by the following vote: AYES: Councilmembers Fanel!i, Hlava, Foyles and Mayor Clevenger NOES: None ABSENT: Counci~ Callon MAYOR y ATTEST: CITY CLERK 57 -2-