2005-007 - Resolution Denying An Appeal Of A Decision From The Planning Commission Approving The Construction Of A Second Story Addition To A Pre-1941 Residence And To Exceed The Far On Property Zoned R-11). Architecture And Site Application: S-05-021RESOLUTION 2005 -007
RESOLUTION DENYING AN APPEAL OF A DECISION FROM THE
PLANNING COMMISSION APPROVING THE CONSTRUCTION OF A
SECOND STORY ADDITION TO A PRE -1941 RESIDENCE AND TO
EXCEED THE FAR ON PROPERTY ZONED R -11).
ARCHITECTURE AND SITE APPLICATION: S -05 -021
PROPERTY LOCATION: 56 BAYVIEW AVENUE
PROPERTY OWNER: DAVE AND LYNN DARDIS
APPLICANT: E. GARY SCHLOH
APPELLANT: MICHAEL MANLEY
WHEREAS:
A. This matter came before Council for public hearing on February 7, 2005, on an
appeal by Michael Manley (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 January 28, 2005, Addendum dated
February 4, 2005 and Desk Item dated February 7, 2005, along with subsequent reports and materials
prepared concerning this application.
C. Applicant is requesting approval to construct a second addition to a pre -1941
residence and to exceed the FAR. An additional 35 square feet would be added to the first floor and
185 square feet to the upper floor. The accessory building will be modified to create parking. On
December 8, 2004, the Planning Commission approved the project with conditions.
D. Appellant claims that the Planning Commission erred or abused its discretion and
erroneously failed to consider the mass and scale of the project.
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E. The Planning Commission decision was correct. The findings of the Commission are,
by this reference, incorporated herein.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Architecture and Site
Application S -05 -021 is denied.
2. 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 22 d day of February, 2005 by the following vote.
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirsynski
NAYS: Barbara Spector, Mayor Mike Wasserman
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLE . - ,OF TH OWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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