HomeMy WebLinkAboutCity Council Resolution 2535 EE~OL~F~ON NO.: 2535
BIt~OLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA UPHOLDING A DECIBION OF
T_NI~ PLANNING COMMI581ON
WHEREAS, GABI ACHKAR, the applicant, has applied to the City of
Saratoga for a variance and design review approval to construct a new single family
residence at 21425 Tollgate Road having a floor area of 7,661 square feet where 5,220
square feet is the maximum allowed, such applications being identified as V-88-017
and DR-88-055, and
WHEREAS, on October 26, 1988, the Planning Commission of the City of
Saratoga conducted a public hearing on said applications, and following the conclusion
thereof, the Planning Commission denied both applications; and
WHEREAS, the applicant has appealed the decision of the Planning
Commission to the City Council; and
WHEREAS, on December 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 December 7, 1988, by a vote of 4-D with Councilmember Moyles absent,
did resolve as follows:
1. The appeal from the decision of 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 a variance from the allowable floor area standard, and in the
absence of such variance, a design review approval could not be
granted. There are no exceptional circumstances with respect to the
size, shape, topography or other features of the lot. Moreover, the
granting of this variance would confer a special privilege upon the
applicant and would have the preeedential effect o£ undermining the
newly established standards adopted by the City. Other homes which
have been constructed in the area were approved prior to the
modification of these standards. The Council also noted the policy of
the City to restrict development on ridgelines and this proposal would
violate such policy.
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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 21st day of December,
1988, by the following vote:
I AYES: Councils Clevenger, Moyles, Peterson and Mayor ~uYterson
NOES: None
ABSENT: C~.mcilme3ter Stutzman ~'j fL_--
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