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HomeMy WebLinkAboutCity Council Resolution 2375 Resolution No. 23 75 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA REVERSING A DECISION OF THE PLANNING COMMISSION WHEREAS, BARRY and JANET NEEDMAN, the applicants, have applied to the City of Saratoga for a variance to exceed the impervious coverage standard by constructing a tennis court on the property located at 13917 Camino Bareo, such application being identified as V-739, and WHEREAS, on July 23, 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 September 3, 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 September 3, 1986, by a vote of 4-1 with Councilmember 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 City Council was able to make the findings required for granting the variance, based upon the following considerations: (a) A practical difficulty and exceptional circumstances exist in that the house was sited on the lot at a location designed to leave room for a tennis court or swimming pool. In addition, the existing driveways cannot be removed to reduce impervious coverage without creating a potential safety hazard from the loss of off-street parking area. The house and driveways were constructed prior to the adoption of the current standards regulating impervious coverage. (b) Numerous other homes in the immediate neighborhood have tennis courts. Consequently, the granting of a variance would not confer a special privilege. -1- (c) The granting of a variance will not be detrimental to the public health, safety or we]fare or injurious to other properties in the vicinity since the tennis court will be fenced and screened by vegetation, will not cause any drainage problems, and will not appear to be an overdevelopment of the site. 3. The applicants shall execute a building restriction agreement to prohibit the construction or installation of any additional impervious coverage on the site, and said agreement shall be recorded as a covenant running with the land. 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 17th day of September, 1986, by the following vote: AYES: Councilmembers Anderscn, Clevenger, Moyles, Peterson, and Mayor Hlava NOES: None ABSENT: None ABSTAIN: None ~ CITY CLERK -2-