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HomeMy WebLinkAboutCity Council Resolution 2595 ]IESOL]ZrlON NO. 2595 REBOLU'MON OF THE CITY COUNCIL OF THE CITY OF 8AiLATOGA RKVBBSING A DECISION OF THE PLAMND~G COM~]BSION WHEREAS, DAVID NOLLER and ANNE NOLLER, the applicants, have applied to the City of Saratoga for a variance to construct a cabana which, when added to the size of the existing residence, will exceed the allowable floor area for the applicants' property located at 15243 Montalvo Heights Court, such application being identified as V-89-0 16, and WHEREAS, on July 26, 1989, the Planning Commission of the City of Saratoga conducted a public hearing on said applications, and following the conclusion thereof, the Planning Commission denied the applications; and WHEREAS, the applicants have appealed the decision of the Planning Commission to the City Cou_neil; and WHEREAS, on September 6, 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 September 6, 1989, by a vote of 4-0 with Councilmember Peterson absent, did resolve as follows: 1. The appeal from the Planning Commission was upheld and the decision of the Planning Commission was reversed. 2. The City Council was able to make all of the f~ndings required for the granting of a variance, based upon the following considerations: (a) The cabana is being constructed substantially below grade and will eliminate the need for retaining walls that otherwise would be required because of the topograhy and configuration of the site. (b) The other homes within the immediate neighborhood were constructed prior to the adoption of the current design review ordinance and are larger in size than the proposed development. The allowance of a cabaria would be consistent with the character of the neighborhood and would not constitute the granting of a special privilege. -1- (c) The site is adjacent to a large institutionally-owned property which is unlikely to be developed, or even if developed, will not - have structures in close proximity to the cabana. (d) The proposed cabana will create no adverse visual or other impacts upon surrounding properties and will not be detrimental to the public health, safety or welfare. *** 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 20th day of September, 1989, by the following vote: AYES: Councils Anderson, Moyles, Peterson, Stutzm~n and Mayor Clevenger NOES: None, AMENT: None ATTEST: ~