2000-025-Denying An Architecture And Site Application To Add A Second Story Addition And To Exceed The Allowable Floor Area Ratio On Property Zoned R-1DRESOLUTION .2000 - 25
RESOLUTION REMANDING AN APPEAL OF A DECISION OF THE PLANI~IING
COMMISSION DENYING AN ARCHITECTURE AND SITE APPLICATION TO:ADD A
SECOND STORY ADDITION AND TO .EXCEED THE ALLOWABLE FLOOR AREA RATIO
ON PROPERTY ZONED R-1 D
ARCHITECTURE AND SITE APPLICATION: 5-99-17
PROPERTY LOCATION: 49 CHESTER STREET
PROPERTY OWNER /APPLICANT /APPELLANT: SANDRA FOSTER
WHEREAS:
A. This matter came before the Council for public hearing on March 6, 2000, on an appeal
by Sandra Foster (property owner, applicant and appellant) .from a decision of the Planning Commission
and was regularly 'noticed in conformance with State. and Town law.
B. The Council received testimony and documentary evidence from the appellant and all
interested persons who wished to testify or submit documents. The Council considered all testimony
and materials submitted, including. the record of the Planning Commission proceedings and the packet
of material contained in the Council Agenda Report :dated February 7, 2000 and March 6, 2000, along
with subsequent reports and materials prepared concerning this application.
C, Development Review Committee first considered the application on October 5,1999 and
deemed the application complete on November 17, 1999.
D. The appellant is requesting approval to build a second story addition that exceeds the
allowable Floor Area Ration (FAR) in a R-1 D zone. The proj ect site is on a corner abutting Bird Avenue
to the west and Chester Street to the north. The proposed new upper floor will contain 780 square feet
and the lower floor will be 1,538 square feet for a total of 2,318 square feet.
E. The appellant is .appealing the Planning Commission decision because the .appellant
believes that the Commission erred or abused its discretion and that no "consideration was given to
owner's .several options to amend plans".
F. Council finds as follows:
A. Pursuant to Town Code section 29.20..3.00, that there was an error on the part of
the Planning Commission. A proposed second story could be compatible with the existing
:neighborhood, subj ect to appropriate application of Town development regulations, policies and
guidelines.
B. Pursuant to Town Code section 29.20.300, new information was presented to the
Council that was not readily available at the time of the Planning Commission review. The
appellant submitted a new proposed design to Council during. the hearing demonstrating a greater
willingness to further address Town development regulations, policies and guidelines,
specifically concerning mass and scale and FAR. Such proposed redesigns .should be reviewed
in by the Development Review Committee and the Planning Commission for consistency with
Town development regulations, policies and guidelines.
1~ESOLVED:
Architecture and Site Application 5-99-17 is therefore remanded to the Development Review
Committee for modification and .redesign consistent with Town development regulations, polices and
guidelines and there shall be no additional fees for .further review of this application.
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PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California held on the 20t" day of March ,:2000 by the following vote.
COUNCIL MEMBERS.:
AYES: Randy Attaway, Jan Hutchins, Linda Lubeck, Joe Pirzynsl~i,
Mayor Steven Blanton
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED..:
MA OR OF THE- TOWN OF LOS GATOS
LO GATOS, CALIFORNIA
ATTEST
CLERK OAF THE TOWN LOS GATOS
LOS GATOS, CALIFORNIA
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