2008-024-Denying An Appeal Of A Planning Commission Decision Approving The Demolition Of An Existing Single Family Residence And Construction Of A New Residence On PropertyRESOLUTION 2008-024
RESOLUTION DENYING AN APPEAL OF A PLANNING COMMISSION DECISION
APPROVING THE DEMOLITION OF AN EXISTING SINGLE FAMILY RESIDENCE
AND CONSTRUCTION OF A NEW RESIDENCE ON PROPERTY ZONED R-1:20
APN: 532-OS-025
ARCHITECTURE AND SITE APPLICATION 5-07-182
PROPERTY LOCATION:16330 ENGLEWOOD AVENUE
APPELLANTS: GIL PEREZ, NED FINGLE, YVETTE BONNET and KELLY COFFEY
PROPERTY OWNER /APPLICANT: C. PATRICK MUNNERLYN
WHEREAS:
A. This matter came before the Town Council for public hearing on March 3, 2008,
and was regularly noticed in conformance with State and Town law.
B. Council received testimony and documentary evidence from the appellants, the
owner/applicant 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 22, 2008, along with subsequent reports and materials prepared concerning this
application.
C. The applicant seeks approval to construct a 4,652 square foot house with a 898
square foot three-car garage. The total allowable floor area ("FAR") is 4,677 square feet for the
residence and 1,114 square feet for the garage. The proposed height of the house is just over 29
feet. The application also seeks to demolish an existing residence featuring significant plumbing,
electrical, gas supply and structural deficiencies listed at page 4 of the Town Council Agenda
Report dated February 22, 2008, the contents of which are incorporated herein by this reference.
D. The application was considered by the Development Review Committee on
October 2, 2007, which acted to approve the project.
E. An appeal of the action of the Development Review Committee was considered by
the Planning Commission on December 12, 2007, and then continued to January 9, 2008, which
acted to deny the appeal and approve the project.
F. The appellants allege that the Planning Commission erred or abused its discretion
by failing to confirm the project to Town development standards regarding design, size and
impact on use and enjoyment of neighboring properties.
G. 'The decision of the Planning Commission was correct.
H. Council finds as follows:
The project conforms with the Town Residential Development Standards
for single-family homes. This finding is based the contents of the February 22, 2008 Agenda
Report, the October 2, 2007 findings of the Development Review Committee and the January 9,
2008 findings of the Planning Commission, all of which are by this reference incorporated
herein:
2. As required by Town Code section 29.10.09030(e) for demolitions: (1) the
Town's housing stock will be maintained by the replacement of the demolished structure with a
new single-family residence; (2) the existing structure has no architectural or historical
significance and is poor condition as evidenced by the Town Council Agenda Report dated
Febniary 22, 2008, which is by the this reference incorporated herein; (3) the property owners
have no desire to maintain the current structure, as evidenced by their application to demolish and
replace the existing structure; and (4) the economic utility of the existing structure is such that it is
not viable to remodel, as evidenced by the Town Council Agenda Report dated February 22,
2008, which is by the this reference incorporated herein.
RESOLVED:
1. The appeals of the decision of the Planning Commission on Architectural and Site
Application 5-07-182 are denied.
2. The conditions of approval (Attachment 2 to the Town Council Agenda Report
dated February 22, 2008, incorporated herein by this reference), are hereby approved as the
Conditions of Approval for Architectural and Site Application 5-07-182.
3. The decision constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los
Gatos. Any application for judicial relief from this decision must be sought within the time limits
and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or such
shorter time as required by State and Federal Law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California on the 17th day of March 2008, by the following vote.
COUNCIL, MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman, and Mayor
Barbara Spector
NAYS: None
ABSENT:
ABSTAIN:
ATTEST:
~G~NED:
~a~G
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
C
LER~ OF THE TOWN OF LOS GATOS
O •' ATOS, CALIFORNIA