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HomeMy WebLinkAboutCity Council Resolution 2602 RE$OLUI'ION NO: 2602 RE3OLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA UPHOLDING AND HODXI~YING A Di~C]BIOH OF THE PLANNING COMMisSION WHEREAS, Jerry Butler, the applicant, has applied to the City of Saratoga for design review approval to construct a two story residence upon the property located at 20440 Montalvo Heights Drive, such application being identified as DR-89- 062, and WHEREAS, on August 23, 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, Judy Magnuson has appealed the decision of the Planning Commission to the City Council; and WHEREAS, on October 4, 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 proeeedings eondueted 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 October 4, 1989, by a vote of 4-0-1 with Councilmember Anderson abstaining, did resolve as follows: 1. The appe. al from the Planning Commission was denied and the decision of the Planning Commission was affirmed and modified as set forth below. 2. The City Council agreed with the findings and determinations made by the Planning Department and the Planning Commission, as set forth in the Staff Reports dated August 23, 1989, and October 4, 1989, and Resolution No. DR-89-062 adopted by the Planning Commission on August 23, 1989, and the same are incorporated herein by reference. The City Council specifically noted that all of the other homes within the immediate vicinity were two story structures. Moreover, there would only be a 4 foot difference in height between a single story and a two story residence. The City Council did not agree with the appellanrs claim that her view would be unreasonably impaired, or could be significantly improved if the house was changed to a single story structure. -1- 3. The proposed residence will be approximately 120 feet from the appellanrs residence and landscaping will be installed between the properties. The distance between structures, in itself, provides sufficient mitigation against privacy impact on appellanrs property and there is no need to eliminate the three windows on the south elevation of the proposed residence, as directed by the Planning Commission. The condition for removal of such windows is therefore deleted and the windows may be installed in accordance with the original plans. 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 18th day of Octqber . ,1989, by the following vol~e: AYES: Councilmenbers Anderson, Peterson, Stlltzraan and Mayor Clevenger NOES: Nc~e ABSENT: Counci~ Moyles ABSTAIN: Mayor ~ ATTEST: -2-