1984-043-Approving Variance Application And Architecture And Site Application And Making Certain Modifications ThereofRESOLUTION 140. 1984 -43
RESOLUTION GRANTING THE APPEAL FROM THE PLANNING COMMISSION
DECISION APPROVING VARIANCE APPLICATION AND ARCHITECTURE
AND SITE APPLICATION AND MAKING CERTAIN MODIFICATIONS THEREOF
(225 Saratoga Avenue - Olive Ruth O'Connor Trust;
Theodore L. Shebs, Trustee)
WHEREAS:
1. Mme. C. Yvette has appealed a decision of the Planning
Commission as follows: approval of Variance Application V -83 -3 and of
Architecture and Site Application S- 83 -30, requesting an exception to the
development standards of the C -2 Zone and approval of plans for an
addition to an existing office building at 225 Saratoga Avenue; and
2. A public hearing was held by the Council on Plarch 5, 1984;
IT IS HEREBY RESOLVED:
1. The Town Council hereby finds that the Planning Commission
decision should be modified to require the planting of shrubs or trees in
the southwest corner of the subject property and in front of the subject
property.
2. The Town Council further finds that the findings of the
Planning Commission pursuant to Section 5.20.110 of the Zoning Ordinance
are correct as follows:
a. The grant of this variance can be done by this Commission
because of the special circumstances applicable to the property,
particularly in regard to the planter box in the back area. That the
strict application of the Ordinance would deprive the property of
privileges enjoyed by other property in the vicinity and the identical
zone.
b. The granting of the variance would not constitute a grant of
special privilege inconsistent with limintations on other properties in
the vicinity and zone in which this property is situated.
3. Based on the foregoing findings, the appeal is hereby granted
and Variance Application V -83 -3 and the Architecture and Site Application
S -83 -30 are granted subject to the following conditions:
1. The developer shall prepare parking, driveway, drainage,
curb cut plans, and parking lot paving plans, to the satisfaction of the
Town Engineer.
2. The length of the existing concrete driveway shall be
reduced to conform to the existing width of the on -site driveway, to the
satisfaction of the Town Engineer.
3. The developer shall obtain an encroachment permit for
any work within the public right -of -way, to the satisfaction of the Town
Engineer.
4. The developer shall enter into a two -year maintenance
contract with the Town for protection of all new trees planted as noted on
the landscape plan.
5. The developer shalt plant fast - growing shrubs or trees
in the southwest corner of the property and trees in front of the subject
property, all to the satisfaction of the Director of Parks, Forestry, and
Maintenance Services.
4. Pursuant to Los Gatos Town Code Section 1 -15, the time for
seeking judicial review of the Town Council decision is governed by Code
of Civil Procedure Section 1094.6.
PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Los Gatos held on the 19 day of March , 1984 by the
following vote:
AYES: COUNCILMEMBERS Joanne Benjamin, Eric D.
Carlson, Terrence J. Daily, Brent N. Ventura
and Mayor Thomas J. Ferrito
NOES: COUNCIL14EMBERS None
ABSTAIN: COUNCILMEMBERS None
ABSENT:
SIGNED:
ATTEST:
I'OI INC TI MFMRFRC Nnno
CLERK OF TH TON OF 'LOS GAT S