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HomeMy WebLinkAboutCity Council Resolution 2358 RESOLUTION NO: 2358 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA UPHOLDING A DBCISION OF THE PLANNING COMMMSION WIIEREAS, GEORGE HWANG, the applicant, has applied to the City of Saratoga for tentative building site approval and design review approval to construct a single-family residence upon the property located at 19288 Bainter Avenue, such applications being identified as SDR-1620 and A-1176, and WHEREAS, on May 28, 1986, the Planning Commission of the City of Saratoga conducted a public hearing on said applications, and following the conclusion thereof, the Planning Commission approved the applications; and WHEREAS, Margaret Slemmons and others have appealed the decision of the Planning Commission to the City Council; and WHEREAS, on July 2, 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 applications, 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 July 2, 1986, by a vote of 3-2 with Councilmembers Clevenger and Anderson dissenting, did resolve as follows: 1. The appeal from the Planning Commission was denied and the decision of the Planning Commission was affirmed. 2. The recommended findings and conclusions set forth in the Staff Report to the Planning Commission dated May 28, 1986, were approved and adopted by the City Council and are incorporated herein by reference. The Council specifically noted the following considerations to support its decision: (a) The home has been relocated on the site in a manner so as to avoid having the building envelope upon an average slope in excess of 30%. (b) As reduced in size from an earlier proposal rejected by the City Council, the modified plan is compatible with other homes in the immediate vicinity. The neighborhood is currently a mixture of both larger and smaller houses and compatibility should not be judged strictly on the basis of the smaller homes. -1- (e) The home has been designed with a step foundation which serves to reduce the quantity of grading, preserve the natural topography, and otherwise mitigate the environmental impact of the structure. (d) The site is over three acres in size and therefore it can accommodate the scale of the structure proposed by the applicant without creating an appearance of excessive bulk. In addition, the site is presently occupied by three existing residences which will be removed. The impervious coverage and bulk of the new structure will not substantially exceed the coverage and bulk that now exists upon the site. 3. As a condition of building site and design review approval, the site shall be inspected by the City Geologist to determine whether the areas underneath the proposed structure having a slope in excess of 40% between two 5-foot contour lines are natural slopes or artifically created. If such slopes are natural, the building site and design review approvals shall be conditioned upon the applicants obtaining a variance pursuant to Article 15-70 of the Zoning Ordinance and an exception pursuant to Article 14-35 of the Subdivision Ordinance. All fees and expenses of the City Geologist shall be paid by the applicants. 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 16th day of July, 1986, by the following vote: AYES: Councilmenke~s Anderson, Clevenger, Moyles, Peterson, and Mayor Hlava NOES: None ABSENT: None ABSTAIN: None ATTL "CITY CLERK -2-