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HomeMy WebLinkAboutCity Council Resolution 2392 ]].ESOLUT]ON NO: 2392 RESOLUTION OF THE CITY COUNCIL OF THE CITY O]F SARATOGA REVEl{SING A DECISION OF THE PLANNING COMMIF~IOH WHEREAS, Linda Protiva, the applicant, has applied to the City of Saratoga for tentative building site and design review approval and a lot line adjustment to permit the construction of a new single-family residence at 14460 Oak Place, such applications being identified as SDR 1629, DR-86-004 and LL-86-001, and WHEREAS, on September 24, 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, Holly Davies, et aL, has appealed the decision of the Planning Commission to the City Council; and WHEREAS, on December 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 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 December3, 1986, by a vote of 4-1 with Councilmember Peterson 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 unable to make the findings required for the granting of tentative building site and design review approval and the lot line adjustment for the following reasons: (a) The site is not physically suitable for the type of development proposed, nor is the site physically suitable for the proposed density of development. Although the proposed residence, when viewed in isolation, may technically comply with the zoning standards, the cumulative impact of this development on Lot 13, when combined with the existing residences on Lots I0 and 12 and the anticipated future development of Lot 11, is excessively dense for this neighborhood. Lots 10, 1 ] and 12 are substandard in size and two-story houses already exist on Lots 10 and 12. The proposed merger of the triangular parcel with Lot 12 will not mitigate the visual impact of the development -1- as viewed from Oak Place since all of the additional site area will be added at the rear of Lot 12. Moreover, the development will result in the elimination of existing landscaping at the frontage of Lots 12 and 13 and the creation of multiple driveways taking access at a lot frontage which is substandard in width. The existing intensity of development on Lot 12 is shown by the fact that a portion of the residence encroaches into Lot 13 (in the absence of a lot line adjustment) and the opposite side of this residence is located only 6 feet from Lot 11, which is the minimum distance permitted under special rules applicable to nonconforming sites. The normal minimum side yard setback for a lot within the R-l-10,000 district is 10 feet. (b) The applicant has already constructed a two-story residence on Lot 10 which is similar in size, shape and design with the proposed residence on Lot 13. The applicant has also indicated her intention to develop Lot 11 as well. The existence of three, and possibly four, two-story homes adjacent to each other, each being in excess of 3,000 square feet in size, wouk] not serve to minimize the perception of excessive height and bulk, particularly since Lots 10, 11 and 12 (as it now exists) are all substandard]. The presence of other two-story homes in the neighborhood, as noted by the applicant, actually suggests the propriety of constructing a single-story residence in order to avoid a cumulative impact of excessive development. {c) The proposed residence on Lot 13 will unreasonably interfere with the privacy enjoyed by the occupants of Lot 12. Although the applicant currently resides in the home on Lo~ 12 and apparently is willing to sacrifice the loss of privacy for the economic gains she expects to realize from the development of Lot 13, the determination of privacy impacts should properly take into consideration the effect of the proposal on future occupants in the event Lot 12 is sold. The lot line adjustment and construction of a new driveway on Lot 12 would simply aggravate the situation by eliminating the area on Lot 13 in which landscape screening could be planted. (d) The neighborhood around Oak Place is one of the oldest in the City and contains a mixture of architectural styles and variety of design~ Some of the homes have historic interest or value, including the house in which the applicant now resides. This neighborhood is particularly sensitive to new development and the allowance of intensive land use will destroy its character. In this case, the uniqueness of individual homes within the neighborhood will not be preserved to the extent the proposed residence is a duplication of the home constructed by the applicant on Lot 10. Moreover, the standards contained in the zoning ordinance represent maximum figures which the City can and should reduce when the application of these figures to a particular situation will result in a group of structures which are collectively incompatible with the neighborhood in terms of design, size, bulk and height, -2- Passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 17th day of December, 1986, by the following vote: AYES: Councilmembers Anderson, Clevenger, FDyles, Peterson, and Mayor Hlava NOES: Nc~e ABSTAIN: None ABSENT: Nc~e ATTEST: City Clerk -3-