2003-021- Remanding An Appeal Of A Decision Of The Planning Commission Denying Construction Of A First And Second Story Addition Which Exceeds The Allowable Floor Area Ratio On Property Zoned(~
RESOLUTION 2003 - 21
RESOLUTION REMANDING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION
DENTING CONSTRUCTION OF A FIRST AND SECOND STORY ADDITION WHICH EXCEEDS
THE ALLOWABLE FLOOR AREA RATIO ON PROPERTY ZONED R-1D:1HP
ARCHITECTURE AND SITE APPLICATION: 5-02-52
PROPERTY LOCATION.: 248 UNIVERSITY AVENUE
PROPERTY OWNER /APPLICANT: CARLOS AND AIDA DANGELO
APPELLANT: MARIO TRUJII.LO
WHEREAS:
A. This matter came before Council for public hearing on February 18, 2003 , on an appeal by
Mario Trujillo (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 February 4, 2003, the Council Agenda Report Addendum
dated February 14, 2003 along with subsequent reports .and materials prepared concerning this application.
C. Applicant is requesting approval of plans to construct a first and second story addition which
exceeds the Floor Area Ratio (FAR) for a two story home on a 5;052 square foot lot. The home was built
in 1990 and the property is located within the Universty/Edelen Historic District. The home currently
contains 1;825 of floor area. An .addition to 35 square feet is proposed at the first floor and an addition of
205 square feet i~ proposed at the second floor. The existing FAR is .361 which exceeds the allowed FAR
of .349. When the home was built; there were no FAR requirements.
D. The Planning Corrimisson considered this matter on January 8, 2003 and denied the request
because they were not able to make the required findings to exceed the FARand becausethey believed the
mass of the existing structure would increase as a result of the project so that the residue would not be
compatible with the surrounding neighborhood. Further, the Commission expressed a concern that the
structure currently exceeds the allowable FAR and that approval of the application would make the FAR
more nonconforming in this regard.
E. Appellant claims that the Planning Commission erred in that they overlooked the intent of
the FAR, which was to limit the appearance. of mass and scale.
F. Council finds pursuant to Town Code section 29.20.300that new information was submitted
to the Council that was not. readily available at the time of the Planning Commission review; to wit, an
alternate proposal that would reduce the size of the addition to approximately 120 square feet resulting in
a smaller house, which Council generally views as more conforming with the existing neighborhood. The
applicant has thus demonstrated a greater willingness to address Town development regulations, policies
and guidelines, specifically concerning mass, scale and FAR. 'The application should be remanded to the
Planning Commission and the proposed redesign shall go through the development review process to ensure
consistency with Town development regulation, policies and :guidelines.
'RESOLVED:
Architecture and Site Application 5-02-52 is therefore remanded to the Planning Commission for
modification and redesign consistent with Town development regulations, policies and guidelines and shall
be subject to the remand fee as established by Town Council Resolution.
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PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California, on the 3`~ day of March, 2003 by the following vote.
COUNCIL MEMBERS:
AYES.: Steve Glickman, Diane McNutt, .Jose Pirzynski.
NAYS.:. Mike Wasserman, Mayor Sandy Decker.
ABSENT: None
ABSTAIN: None
SIGNED:
/ MA'
l LOS
ATTEST:
c _ --- --_--~,
CLERK OF THB'TO~?VN OF LOS GATOS
LOS GATOS, CA~,1F'ORNIA
OF THE TOWN OF LOS GATOS
T'OS, CALIFORNIA
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