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2001-012-Approving A Request To Construct A New Single Family Residence On Property Zoned Hr- 2 1/2 Architecture And Application S -99-13 Property Location: 285 Wooded View Drive PropRESOLUTION 2001-12 RESOLUTION GRANTING AN APPEAL OF A DECISION FROM THE PLANNING COMMISSION APPROVING A REQUEST TO CONSTRUCT A NEW SINGLE FAMILY RESIDENCE ON PROPERTY ZONED HR-2 %2. ARCHITECTURE AND SITE APPLICATION: 5-99-13 PROPERTY LOCATION: 285 WOODED VIEW DRIVE PROPERTY OWNER /APPLICANT /APPELLANT: VINO MALHOTRA WHEREAS:. A. This matter came before Council for public hearing on January 8, 2001, on an appeal by Vino Malhotra 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/applicant and all interested persons who wished to testify or submit documents. Council considered all testimonry and materials submitted, including the record of the Planning.. Commission ;proceedings .and the packet of material contained in the Council Agenda Reports dated November 27, 2000 and January 3, 2001., the Deslc Item dated December 4, 2000, along with subsequent reports and materials prepared concerning this application. C. The appellant/applicant. is proposing to construct an 6,9.50 square .foot two-story single family residence and a 1,1.58 square foot attached four-car garage with a wine cellar. The subject property is located on the north side of Wooded View Drive near the end of the cul-e-sac. D. The Planning Commission continued the application from July 27t~' to October 1 1, .2000 and requested additional information. On October 11, 2000, the Commission considered revised plans and approved the application. 1 E. 'The appellant/applicant is appealing the Planning Commission decision because'he believes that the Commission erred or abused its discretion by imposing deed restrictions that limited the residence to the approved footprint and prohibited future construction of accessory structures. F. The deed restrictions were added by the Planning Commission to ensure that the level of development of the project site remains consistent withthe level of development of neighboring properties. While the appellant/applicant consented to the deed restrictions during the hearing before the Plaruiing Commission, he contends that he did so with the understanding that he was consenting to the restrictions in the form of conditions, not as deed restrictions.. G. Council finds pursuant to Town Code .Section 29.20300 that new information was submitted to the Council during the requested hearing that was not readily available at the time of the Planning Commissionreview that concerned the impact of the proj ect on existing trees, including the removal of trees, :and the removal of the deed restriction requirement which was significant to the Planning Commission's decision to approve the application.. RESOLVED: The appeal ofthe decision ofthe Planning Commission on Architecture and Site Application 5-99-13 is :granted and the application remanded to the Planning Commission with the following direction: 1. That the application be considered with a complete survey of the existing trees to be impacted by the project; and 2. That a condition, such as one requiring a 5-year maintenance contract, be applied in order to maximize tree survival; and That the Commission consider design changes in order to enhance 2 compatibility with neighboring structures and to protect existing trees including, but not limited to, site location, building :footprint and reduced mass and scale. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California held on the 5TH day of February, 2001 by the following vote. COUNCIL MEMBERS: .AYES: Randy Attaway, Steven Blanton, Sandy Decker,. Steve Glickman, Mayor Joe Pirzynski. NAYS: None ABSENT: None ABSTAIN.: None ~~ SIGNED: MA ' OR OF THE T WN OF LOS GATOS LOS GATOS, CALIFORNIA AT'I'ES`l' GL,ERI~ OF THE. TOWN OF LOS GATOS LAS GATOS, CALIFORNIA 3