HomeMy WebLinkAboutCity Council Resolution 2561 RESOLUTION NO. 2561
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA UPHOLDING A DECISION OF
THE PLANNING COMMISSION
WHEREAS, RICHARD and LAURIE RIVOIR, the applicants, have applied to
the City of Saratoga for building site approval for two lots located at 1489 1 and 149 17
Vine Street, such application being identified as SD-88-013, and
WHEREAS, on February 8, 1989, 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 application; and
WHEREAS, Audrey Smith has appealed the decision of the Planning
Commission to the City Council with respect to the proposed location of Vine Street;
and
WHEREAS, on March 15, 1989, 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 March 15, 1989, by a vote of 3-2 with Councilmembers Anderson and
Clevenger 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 following conditions were imposed concerning Vine Street:
(a) The street shall be constructed at the location and having a
width as shown on the drawing attached hereto as Exhibit "A"
and incorporated herein by reference. The street shall be
constructed to the standards of a minimum access street.
(b) The applicants shall execute a new offer to dedicate Vine
Street as a public street, such offer to include the entire 40
foot width and length of Vine Street as shown on the original
subdivision map recorded on October 1, 1906, plus such
additional area as required for construction of the roadway in
accordance with the drawing attached hereto as Exhibit "A."
The offer of dedication shall be in form and substance
satisfactory to the City Engineer and the City Attorney.
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(e) The applicants shall execute an agreement, as prepared by the
City Attorney, to join or participate in the formation of an
assessment district or other cooperative arrangement for the
widening and improvement of Vine Street to the standards of a
loeal city street, in the event such widening is required by the
City as a result of development of other properties utilizing
Vine Street as a means of access. Such agreement shall be
recorded in the office of the County Recorder and shall
constitute a covenant running with the land and binding upon
the future owners of Parcel E and Parcel F.
(d) The applicants shall remove a portion of the existing pavement
at the corner of Vine Street and Hill Avenue as shown on
Exhibit "A." Additional pavement within the dedicated right of
way for Vine Street which is not required for construction of
the new road may be removed by either the applicants or the
appellant and such area may be landscaped, but subject at all
times to the rights of the City under the offer of dedication.
No structure, fence or other obstruction shall be constructed or
installed within the dedicated right of way for Vine Street
without an encroachment permit issued by the City.
***
The above and foregoing resolution was passed and adopted at a regular
meeting of the City Counefi of the City of Saratoga held on the 5th day of April, 1989,
by the following vote:
AYES: Councils Moyles, Peterson, Stutzman and Vice Mayor Clevenger
NOES: None
AMENT: Mayor Anderson
' ' Mayor
City Clerk