HomeMy WebLinkAboutCity Council Resolution 2521 RESOLUTION NO.: 2521
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA UPHOLDING A DECISION OF
THE PLANNING COMM~881ON
WHEREAS, DONALD KRUEGER, the applicant, has applied to the City of
Saratoga for design review approval to construct a single family residence to be
located at 20881 Canyon View Drive, and has further applied for a variance to allow
such residence to be constructed upon a 31% slope where 30% is the maximum
standard (the "Slope Variance") and a variance to allow a floor area of 3,857 square
feet where 3,540 square feet is the maximum standard (the "Floor Area Variance"),
such applications being identified as DR-88-035 and V-88-0 10, and
WHEREAS, on July 13, 1988, the Planning Commission of the City of
Saratoga conducted a public hearing on said application, and following the conclusion
thereof, the Planning Commission approved the Slope Variance but denied the Floor
Area Variance and the design review application; and
WHEREAS, Emil Kissel has appealed the granting of the Slope Variance 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, at its meeting on September 7, 1988, the City Council required
a further soils report to be prepared for the purpose of examining any geologic hazards
on the site and determining whether construction could safely be performed upon a
slope exceeding 39% and whether the site was otherwise suitable for development; and
WHEREAS, a further public hearing was conducted by the City Council on
October 19, 1988, at which time the Soil Investigation Report prepared by Applied Soil
Mechanics, Inc., was considered and any person wishing to provide testimony on the
Slope Variance application 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 the Slope
Variance 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 October 19, 1988, by a vote of 4-1 with Councilmember Stutzman
dissenting, 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 agreed with the conclusion of the Planning
Commission, as confirmed by the supplemental soils report, that the
site was suitable for development. The Council also agreed with the
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findings and determinations for granting the Slope Variance as set
forth in the Staff Report to the Planning Commission dated
July 13, 1988, and the Staff Report to the City Council dated
September 7, 1988, and the same 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 2nd day of
November, 1988, by the following vote:
AYES: Councj/]re_ntzers Moyles, Peterson, Stutzman and Mayor Anderson
NOES: None
ABSENT: Councilseider Clevenger
Mayor
City Clerk
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