HomeMy WebLinkAboutCity Council Resolution 2387 RESOLUTION NO. 2387
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA REVERSING IN PART AND UPHOLDING IN PART
A DE61SION Ol~ THE PLANNING COMMISSION
WHEREAS, JAMES GREGORY, the applicant, has applied to the City of
Saratoga for design review approval to construct a second story addition to an existing
single story dwelling located at 14684 Oak Street, and variance approval to allow the
reconstruction and enlargement of a garage located within 3 feet from the side lot line
where 6 feet is required, such applications being identified as DR-86-015 and
V-86-005, and
WHEREAS, on September 10, 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 design review application and denied
the variance application; and
WHEREAS, the applicant has appealed the condition of design review
approval requiring that the roof shingles be asphalt instead of cedar, and has also
appealed the Planning Commlssion's denial of the variance application;
WHEREAS, on October 15, 1986, the City Council conducted a de novo
public hearing on the appeaI, 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 did resolve
as follows:
1. At its regular meeting on October 15, 1986, by a vote of 4-0~ with
Councilmember Moyles absent, the appeal from the condition of design review
approval was granted and the decision of the Planning Commission was reversed. The
City Council found and determined that cedar shingles have been installed on other
homes in the area and would not be incompatible on the applicant's dwelling.
Moreover~ cedar shingles represented an upgrading of the roof material and were
preferable to asphalt in this case.
(A motion to reverse the Planning Commission denial of the variance
application failed passage by an evenly split vote and the matter was therefore
continued to the next regular meeting.)
2. At its regular meeting on November 5, 1986, with Councilmember
Paterson absent, a motion to reverse the Planning Commission denial of the variance
application again failed passage by an evenly split vote. The failure of the motion
therefore became final pursuant to Subsection 2-1C.ll0(e)of the City Code, thereby
-1-
constituting a denial of the appeal. The City Council was unable to make the findings
required for the granting of a variance for the same reasons as expressed in the Staff
Report to the Planning Commission dated September 10~ 1986, and the Staff Report to
the City Council dated October 6, 1986, which Reports are incorporated herein by
reference.
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 19th day of
Novefnl:e~ ., 1986, by the following vote:
AYES: Councils Anderson, Clevenger, Foyles, Peterson, and Mayor Hlava
NOES: Nc~e
ABSENT: None
Mayor
ATTEST:
City Clerk
-2-