1989-007-Denial Of Request To Modify An Approval Granted To Change The Exterior Color Of A Single Family ResidenceRESOLUTION NO: 1989-7
RESOLUTION DENYING APPEAL OF PLANNING COMMISSION DENIAL
OF REQUEST TO MODIFY AN APPROVAL GRANTED TO CHANGE THE
EXTERIOR COLOR OF A SINGLE FAMILY RESIDENCE
(471 SANTA ROSA DRIVE - PETER C. WOGLOM)
WHEREAS:
A. Peter C. Woglom has appealed a decision of the Planning
Commission as follows: denial of request to modify an approval granted to
change the exterior color of a single family residence on property located
at 471 Santa Rosa Drive and owned by Peter C. Woglom;
B. A public hearing was scheduled for the Town Council on
November 7, 1988 and continued to and held on December 5, 1988 and January
3, 1989.
NOW, THEREFORE BE IT RESOLVED:
A. The Town Council hereby finds that the Planning Commission was
correct in its decision to require an earth tone color for the exterior of
the dwelling.
B. The Town Council hereby further finds that it will not require
the house to be repainted at this time as long as the house is repainted
with an approved color within ten (10) years or by January 3, 1999
provided certain conditions relating to deed restrictions, annual
affidavit and bond are met to guarantee said repainting.
C. The Town Council hereby further finds that no bond will be
required if the premium exceeds two hundred dollars ($200.00).
D. The Town Council hereby further finds that the $4,000.00 cash
deposit of the applicant may be refunded provided the conditions relating
to the deed restriction and the bond, if any be required, are met.
E. Based on the foregoing, the appeal is denied and appellant is
hereby requested to repaint the dwelling with a Town approved color by
January 3, 1999 and in order to guarantee said repainting, the applicant
shall:
1. Agree to the recording of a deed restriction binding the
appellant and future owners concerning proposed exterior changes to
the residence as it relates to color.
2. Submit an affidavit to the Town annually stating that the
house has not been repainted and that it shall not be repainted
until the Town has approved the new color. The first annual
affidavit shall be filed on or before 5:00 p.m., January 3, 1990.
3. Post a bond with the Town to guarantee the repainting of the
house before January 3, 1999. The appellant shall also grant the
Town the right to enter onto the property to have the house
repainted in an approved color using the proceeds of the bond if the
deed restriction is violated, or, if the house has not been
repainted with an approved color by January 3, 1999. The bond will
not be required if the premium exceeds $200.00.
When the deed restriction is recorded and the bond (if any) is
posted, the Town will initiate the procedures to refund the $4,000.00
deposit.
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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.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 23 day of January
.,989_ by the following vote.
AYES: COUNCIL MEMBERS Eric D. Carlson, Thomas J. Ferrito
Robert L. Hamilton, Brent N. Ventura and Mayor Joanne
Benamin.
NOES: COUNCIL MEMBERS none
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ABSTAIN: COUNCIL MEMBERS none
ABSENT: COUNCIL MEMBERS none
SIGNED:
ATTEST:
CLERK OF THE TOWN OF LOS /0A -TOS y
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OF THE TOWN