1987-108-Requesting Permission To Reduce Various Development Standards, Including Required Side Yards And Distance Between Buildings, In Order To Maintain A Shop Building In The R-1:8000 ZoneRESOLUTION NO. 1987 -108
RESOLUTION GRANTING APPEAL OF PLANNING
COMMISSION DENIAL OF VARIANCE APPLICATION
REQUESTING PERMISSION TO REDUCE VARIOUS
DEVELOPMENT STANDARDS, INCLUDING
REQUIRED SIDE YARDS AND DISTANCE
BETWEEN BUILDINGS, IN ORDER TO
14AINTAIN A SHOP BUILDING IN
THE R- 1:8000 ZONE
(15095 GARDEN HILL DRIVE - MARK E. JANSEN)
WHEREAS:
1. Hark E. Jansen has appealed a decision of the Planning Commission as
follows: Denial of variance application V -87 -1 requesting permission to
reduce various development standards, including required side yards and
distance between buildings, in order to maintain a shop building in the
R- 1:8000 zone on property located at 15095 Garden Hill Drive and owned by
Mark E. Jansen;
2. A public hearing was scheduled by the Town Council for July 6, 1987
and at the request of the applicant was continued to and held on August 3,
1987.
BE IT RESOLVED:
1. The Town Council hereby finds that the Planning Commission erred in
that they did not consider the topography of the lot, the shape of the lot
and the fact that the only apparent option the applicant has is to build
in the driveway, thereby removing two parking spaces in an area that is in
need of parking.
2. The Town Council further finds that there have been no complaints
from the neighbors regarding the location of the structure.
3. The Town Council further finds on the basis of evidence submitted,
the following in accordance with Zoning Ordinance Section 5.20.110:
a. The variance can be granted because of the special
circumstances applicable to the property, i.e, the irregular shape of the
lot and the steep banks on two sides of the lot inhibit construction on
any other part of the lot.
b. The granting of the variance would not constitute a grant of a
special privilege because the resulting construction will have a floor
area that is equal to or less than other houses located on conventional
rectangular lots in the vicinity.
4. The Town Council further finds that there should be no increase in
the square footage of the covered structure.
5. Based on the foregoing findings, the appeal hereby granted and the
variance is granted on the condition that the covered structure located in
the required set back shall not be increased in square footage.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 17th day of August 3
1987 by the following vote.
AYES: COUNCIL MEMBERS Joanne Beniamin. Robert L. Hamilton.
and Mayor Brent N. Ventura
NOES: COUNCIL.MEMBERS
ABSTAIN: COUNCIL MEMBERS Eric D. Carlson
ABSENT: COUNCIL MEMBERS Thomas J. Ferrito
SIGNED:
MAYOR 0 THE T 14 OF LOS GATOS
ATTEST:
l�
CLERK OF T14E TOW14 OF GA
(ORDIN /JANSEN)