1988-094-Denial Of Exception To The Development Standards Of The Zoning Ordinance To Permit The Expansion In Floor Area Of Two Secondary Dwelling Units In The R-1D-LHP ZoneRESOLUTION NO: 1988 -94
RESOLUTION DENYING APPEAL OF PLANNING COMMISSION
DENIAL OF EXCEPTION TO THE DEVELOPMENT STANDARDS OF
THE ZONING ORDINANCE TO PERMIT THE EXPANSION IN FLOOR
AREA OF TWO SECONDARY DWELLING UNITS IN THE R -1D -LHP ZONE
(213 EDELEN AVENUE - LEE KAVANAUGH)
WHEREAS:
A. Randall D. Reedy, counsel on behalf of Lee Kavanaugh, has
appealed a decision of the Planning Commission as follows: denial of an
exception to the Development Standards of the Zoning Ordinance to permit
the expansion in floor area of two secondary dwelling units in the
R -1D -LHP Zone on property located at 213 Edelen Avenue and owned by Lee
Kavanaugh (Variance Application V- 88 -1); and
B. A public hearing was held by the Town Council on May 2, 1988.
BE IT RESOLVED:
A. The Town Council hereby finds that the Planning Commission did
not err in denying Variance Application V -88 -1 because granting the
variance would be a grant of special privilege because expansion of the
secondary dwelling unit was done without a permit.
B. The Town Council hereby further finds that the expansion was
increased beyond the minimal expansion allowed for secondary dwelling
units of thirty square feet by Zoning Ordinance Section 3.97.120. The
intent of the limited expansion set forth in Section 3.97.120 allows only
for correction of health and safety measures.
C. Based on the foregoing, the appeal is hereby denied and Variance
Application V -88 -1 is hereby denied. Architecture and Site Application
S- 87-57 which was joined with this application remains as approved by the
Planning Commission with the following conditions:
1. The code violations on the property shall be abated by
restoring the Secondary Units to their original size prior to
the issuance of a Building Permit for the remodeling and
expansion of the single family residence.
2. The Historic Preservation Committee shall review and approve
the current plans prior to issuance of a Building Permit.
3. Final occupancy of the single family residence shall not be
granted until a Secondary Unit Permit has been obtained.
4. A minimum of four 15- gallon Town approved trees shall be
planted on the property.
5. A two -year tree maintenance agreement shall be entered into
for the protection of existing and newly planted trees.
6. Any work in the public right -of -way will require an
encroachment permit.
%. The deteriorated driveway apron shall be replaced.
8. The excess excavated material required for the expansion of
the basement shall be hauled off the site.
9. Plans be revised to comply with the rendering showing the
pitch breaking as it starts over the roof.
Pursuant to Los Gatos Town Code Section 1 -15, the time for seeking
judicial review for the Town Council decision is governed by California
Code of Civil Procedure Section 1094.6.
CM
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 16th day of May ,
1988 by the following vote.
AYES: COUNCIL MEMBERS Joanne Benjamin, Thomas J. Ferrito
Robert L. Hamilton, Brent N Ventura and Mayor
Eric D. Carlson
NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
SIGNED:
MAYOR OFF THE TOWN OF LOS GATOS
ATTEST:
CLERK OF THE TOWN OF LOS GAT
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