1987-003-Denying Appeal From Planning Commission Denial Of Request For Variance For Reduction Of A Side Yard Setback In The R-1:20 ZoneRESOLUTION NO: 1987 -3
RESOLUTION DENYING APPEAL FROM PLANNING COMMISSION DENIAL
OF REQUEST FOR VARIANCE FOR REDUCTION OF A SIDE YARD SETBACK
IN THE R -1:20 ZONE
(706 More Avenue - Zicovich)
WHEREAS:
I. Roger L. Maino, counsel on behalf of Ronald Zicovich, appealed a
decision of the Planning Commission as follows: denial of Variance Application
V -86 -2 requesting reduction of a side yard setback in the R -1:20 Zone on
property located at 706 More Avenue and owned by Ronald and Lucille Zicovich;
2. A public hearing was set for October 6, 1986, continued to November
17, 1986 and to December 15, 1986 on which date a public hearing was held on
the appeal.
IT IS HEREBY RESOLVED:
1. The Town Council hereby finds that no testimony or evidence was
presented that the Planning Commission decision was in error.
2. The Town Council further finds as follows:
a. The structure encroaching into the side setback was built
without Town permission and without comment from the
neighborhood;
h, Granting the variance would allow numerous Other
properties in the area t8 build into the setback;
C^ The setback area is being Used for a closet and not for a
spa, which appellant claimed Was a medical necessity;
d. Variances should he used with UtN0Jt care and granting the
variance would send the wrong message about building
without Town permission; and
e. Appellant has not shown special circumstances applicable
to the property exist to deprive such property of
privileges enjoyed by other property in the vicinity under
identical Zn8e and thus the finding pursuant t0 Zoning
Ordinance Section 5^70.110 to grant the variance cannot be
made.
3. Based on the foregoing findings the appeal is denied.
Pursuant to Los Gatos Town Code Section l~lS, the time for seeking
judicial review for the Town Council decision is governed by California Code of
Civil Procedure Section 1094^6^
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 5th day of January , 1987
by the following vote.
AYES: COUNCIL MEMBERS Joanne Benjamin, Eric D. Carlson, Thomas
J. Ferrito, Robert L. Hamilton, and Mayor Brent N. Ventura
WOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS None
SIGNED: I p �,�-
MAYOR OF THE TOtN OF LOS GATOS
ATTEST:
CLERK OF THE TOt1N OF LOS GATOS