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
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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
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