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HomeMy WebLinkAboutCity Council Resolution 2526 P,~EBOLUTXON NO.: 2526 RF.,SOLIFrlON OF THE CITY COUNCIL OF THE CITY OF SARATOGA UPHOLDING AN ADMINISTRATIVE DECISION BY THE PLANNING DIRECTOR WHEREAS, RICHARD N. YUEN, the applicant, has applied to the City of Saratoga for a permit to sell concealable weapons, such activity to be conducted as a home occupation at the applicanrs residence located at 20711 Ashley Way; and WHEREAS, on October 25, 1988, the Planning Director of the City of Saratoga denied the application based upon his administrative determination that the activity involved the keeping of stock-in-trade and the display of merchandise upon the premises, thereby violating Paragraphs (a) and (k) of Section 15-40.010 of the City Code regulating the conduct of home occupations; and WHEI~EAS, the applicant has appealed the administrative decision of the Planning Director to the City Council; and WHEREAS, on November 16, 1988, the City Council conducted a de novo review 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 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 November 16, 1988, by a vote of 5-0, did resolve as follows: 1. The appeal from the administrative decision of the Planning Director was denied and the decision of the Planning Director was affirmed. 2. The City Council agreed with the determination by the Planning Director that the receipt of merchandise by the applicant for later delivery to the customer constituted the maintenance of stock-in- trade. The home occupation ordinance contemplated sale of products manufactured upon the premises, such as art or craft items, and not the resale of products which are commercially manufactured elsewhere. The nature of activity proposed by the applicant is essentially equivalent to the conduct of a retail sales operation within a residential zoning district, which is not permitted by the home occupation ordinance. *** 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 7th day of December, 1988, by the following vote: -1- AYES: Councilarembers Clevenger, Peterson, Stutzman, and Mayor ;ruderson ABSENT: Councilmember FDyles City Clerk ~ -2-