2001-005-Granting An Appeal Of A Decision From The Planning Commission Denying An Architecture And Site Application To Partially Demolish An Existing Single- Family Residence And Construct A New Residence On Property Zoned R-1:8 ArchitectureRESOLUTION 2001 - 5
RESOLUTION GRANTING AN APPEAL OF A DECISION FROM THE PLANNING COMIvIISSION
DENYING AN ARCHITECTURE AND SITE APPLICATION TO PARTIALLY DEMOLISH AN
EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW RESIDENCB ON
PROPERTY ZONED R-L:8
ARCHITECTURE AND SITE APPLICATION: '5-00-42
PROPERTY LOCATION: 244 CERRO CHICO
PROPERTY OWNER /APPLICANT /APPELLANT: JOEL RUBNITZ
WHEREAS:
A. This matter came before the Council for public hearing on December 18, 2000, on an appeal
by Joel Rubnitz 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 December 13, 2000, along with subsequent reports
and materials prepared concerning this application.
C. Applicant is proposing to partially demolish a 1,947 square-foot single-story residence with
a 517 square-foot attached garage, and to construct a 3,096 square-foot two-story home with a $60 quare-
foot cellar underneth an 860 square-foot garage.
D. .Development Review Committee considered the application on .September 1, 2000 and
denied the Architecture and Site Application (5-00-14) on grounds that it did not comply with the Town's
Residential Development Standards or General Plan. On September 6, 2000 the applicant appealed the
decision to the Planning Commission, which appeal was denied.
E. The appellant is appealing the Planning Commission decision because he believes that the
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decision was not based on evidence in the record.
F. Council finds pursuant to Town Code Section 29.20.300 that new information was submitted
to the Council during the requested hearing that was not readily available at the time of the .Planning
Commission review concerning the expressed desire to work with the neighborhood to obtain an acceptable
architectural style.
RESOLVED:
The appeal of the decision of the Planning Commission on Architecture and Site .Application 5-00-
42 is, therefore, ,granted and the application remanded to the Planning Commission. Applicant shall submit
revised plans reducing the scale and mass of the proposed home and ensuring that the :architecture and
building materials are in keeping with the neighborhood.
PASSED AND ,ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California held on the 16t'' day of January, 2001 by the following vote.
COUNCIL MEMBERS:
AYES:. Randy Attaway, Sandy Decker, Steve Glickman, .Mayor Joe Pirzynslci.
NAYS.: None
ABSENT: Steven Blanton
ABSTAIN: None e,(.,~ ~____~
SIGNED:
J AYOR E TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST
~......_.._ . i
CLERK OF T~~IE TOWN OF L GATOS
LOS GATOS, CALIFORNIA
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