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HomeMy WebLinkAboutCity Council Resolution 2514 RMSOLUTION N(k. 2514 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA UPHOLDING A DECESlON OF THE PLANNING COMMISSION WHEREAS, KAI SUN and LINDA SUN, the applicants, have applied to the City of Saratoga for: (a) Design review approval to construct a single family residence upon the property located at 12502 Parker Ranch Court, such application being identified as DR-88-0 12; and (b) A variance to allow said structure to be constructed upon a 35% slope (the "Slope Variance") and to exceed the allowable floor area by having a size of 5,225 square feet where a maximum of 4,440 square feet is permitted for this lot (the "Floor Area ¥ariance"), such application being identified as V-88-005. WHEREAS, on June 8, 1988, and July 27, 1988, 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 application for Slope Variance and denied the application for design review and the Floor Area Variance; · and WHEREAS, the applicants have appealed the design review and Floor Area Variance denials by the Planning Commission to the City Council; and WHEREAS, on September 7, 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 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 September 7, 1988, by a vote of 5-0, did resolve as follows: 1. The appeal from the Planning Commission was denied and the decision of the Planning Commission was affirmed. 2. The City Council was unable to make the findings required for granting the Floor Area Variance, for the same reasons as set forth in the Staff Report to the City Council, which is incorporated herein by reference. The Council also noted that the applicants have been granted the Slope Variance, which should allow reasonable development of the property in accordance with the City's design review standards. -1- 3. In the absence of the Floor Area Variance, the design review application must necessarily be denied. 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 21st day of September 1988, by the following vote: AYES: Councilmembers Clevenger, Moyles, Peterson, Stutzman and Mayor Anderson NOES: None ABSENT: None ' Cit~ Clerk ~' -2-