HomeMy WebLinkAboutCity Council Resolution 2476 2476 ~ '
RESOLUTION NO.:
Et~OLUTION OF THE CITY COUNCIL OF THE
C1TY OF SAEATOGA REVERSING A DECISION OF
THE PLANNING COMMON
WHEREAS, DAVID BOWMAN and GLENDA BOWMAN, the applicants,
applied to the City of Saratoga for a use permit to legalize an existing gazebo located
within a required side yard upon the property at 19337 Lisa Marie Court, such
application being identified as UP-87-020, and
WHEREAS, on February 24, 1988, 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 appealed the decision of the Planning
Commission to the City Council; and
WHEREAS, on April 6, 1988, and April 12, 1988, 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 April 12, 1988, by a vote of 5-0, 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 all of the findings required for
granting the use permit, based upon tile following circumstances:
(a) The property has an irregular shape which results in a slight
intrusion of a portion of the gazebo into the setback area. Such
intrusion is minimal and creates no adverse impacts.
(b) The gazebo will be heavily screened from adjacent properties
by landscaping.
(c) The granting of a use permit is conditioned upon the height of
the gazebO being reduced to 12 feet. As such, the structure
will not violate the height regulations of the zoning ordinance.
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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 20~h day of
April , 1988, by the following vote:
AYES: Counc~s Ander~>n, Clevenger, Hlava, Moyles and Mayor Peterson
NOES: None
ABSENT: None
Mayor
City Clerk
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