2001-138-Granting And Remanding To The Planning Commission An Appeal Of A Decision Of The Commission Denying A Request To Remodel And Add A New Second Story To A Single Family Residence And A Grading Permit To Accommodate The First Floor Addition On PrRESOLUTION 2001-138
RESOLUTION GRANTING AND REMANDING TO THE PLANNING COMMISSION AN.APPEAL
OF A DECTSION OF THE PLANNING COMMISSION DENYING A REQUEST TO REMODEL
AND ADD A NEW SECOND STORY TO A'SINGLE FAMILY RESIDENCE .AND A GRADING
PERMIT TO ACCOMMODATE THE FIRST FLOOR ADDITION ON PROPERTY ZONED HR-1.
ARCHITECTURE AND SITE APPLICATION: 5-00-105..
PROPERTY LOCATION: 17150 MILL RISE WAY.
PROPERTY OWNER: PAT AND ANNE ROMANO.
APPLICANT/APPELLANT: SAL CARUSO.
WHEREAS:
A. This matter came before the Town Council for public hearing on November 5, 2D01, on an
appeal by Sal Caruso (applicant/appellant) from a decision of the Planning Commission and was regularly
noticed. in conformance with State and Town law.
B. Council received testimony and .documentary evidence from the appellant and all interested
persons who wished to testify or submit documents. 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 October 30, .2001, along with subsequent reports and
.materials prepared concerning this application.
C. At the time of the hearing before the Planning Commission, the applicant was proposing to
construct a 1,170 square footbasement, a 3,808 square foot first story, and a 1,976 square foot second story
for a total gross square footage of 6,954 square feet. The construction would .also include the construction
of a 8`56 square foot attached garage and a 479 square foot pool house.
D. The Planning Commission heard this matter on March 14, 200, and remanded the item to the
Development Review Committee (DRC) with directions to the applicant. On June 13,.2001 the Commission
heard this matter and again remanded the item to the DRC with directions to the applicant. The DRC
reviewed the revised plans and determined that the ,plans were incomplete. 'The Planning Commission
denied the application on September 12, 2001 because they found that the proposal structure was still too
large and, therefore, did not meet the Hillside Guidelines or the General Plan.
E. This .appeal is based on the .applicant/appellant's belief that the Planning Commission erred
or abused its discretion and that the decision was not based on evidence in the record.
F. The Town Council .finds pursuant to 29.20.300 that new information was submitted to the
Council during the requested appeal hearing concerning thereduction of the mass and scale of the residence,
.and that said information was not readily available at the time the of the Planning Commission review.
Specifically, the applicant has expressed a desire to redesign the project to reduce the total above ground
living space to a range of 3.,500 to 3,700 square feet. Because this new information would have been
material to the decision of the Commission, this matter is_ remanded back to the Commission for
consideration in reviewing the application modified with the new information.
RESOLVED:
The appeal of the decision of the Planning Commission on Architecture and Site Application 5-00-
105 is granted and remanded to the Planning Commission for consideration of a project that has been revised
by the applicant to .reduce the total above ground living space to a .maximum of between 3,500 and .3,700
square feet.
(~
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California held on the 3ra day of December, 2001 by the following vote..
COUNCIL MEMBERS:
AYES: Steven Blanton, Sandy Decker, Steve Glickman, Joe Pirzynski,
Mayor .Randy Attaway.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: ~~~~ G~ ~ ._..-
MAYOR (~' THE TOWN F LOS GATOS
LOS GATOS, CALIFO IA
ATTEST
~~G~2~~~.~~-
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA