02 Staff Report - Accept Staff Recommendations on County ReferralsDATE:
TO
FROM:
SUBJECT:
MEETING DATE: 9/7/99
ITEM NO.
COUNCIL AGENDA REPORT
August 30, 1999
MAYOR AND TOWN COUNC L
TOWN MANAGER
ACCEPT STAFF RECOMMENDATIONS ON COUNTY REFERRALS
REFERRAL
NUMBER LOCATION APPLICANT REQUEST RECOMMENDATION
A. Projects Outside Urban Service Area:
None
B. Projects Inside Urban Service Area:
7513 16376 Camellia Terrace Whyte Variance Denial
The applicant is requesting approval of a variance to reduce the required rear yard setback from 20 feet to seven feet two
inches to accommodate an addition. The Town cannot recommend approval of the variance for the following reasons:
1. There are no special circumstances that apply to the property (size, shape, topography or surroundings) which deprives
the property of privileges enjoyed by other properties in the vicinity and under identical zoning which makes the
property unusable. The lot is over 10,000 square feet in size, it does not have an unusual shape and it currently
accommodates a 1,829 square foot single family residence with a 433 square foot garage. The required findings cannot
be made to justify the variance. The applicant's justification for the variance is that the subject parcel is a corner lot
and the existing house sits at an angle facing the street corner. Due to the footprint of the house, the "technical" rear
yard is acting as a side yard to the house. To make the required findings to grant a variance, the Town looks at the
special circumstances applicable to the size, shape or topography of the lot or to its surroundings, such as specimen
trees, creeks, etc, which make it impossible to meet Town Code. The Town cannot support a finding of special
circumstances relating to an existing building.
2. The circular portion of the driveway is located within the public right of way.
3. There is not adequate backup area from the garage. Town Code requires a minimum of 25 feet to the property line.
Approximately 10.5 feet of back up area is proposed within the property boundaries. The Town cannot support using
the public right of way for backup area. Without the public right of way, there is not adequate area to park a vehicle.
Therefore, a recommendation for denial should be forwarded to the County.
(Continued on Page 2)
PREPARED BY: PAUL L. CURTIS
DIRECTOR OF COMMUNITY DEVELOPMENT
Reviewed by: Dr- Attorney Revised: 8/30/99 2:27 PM
Reformatted: 10/23/95
1
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: RECOMMENDATIONS ON COUNTY REFERRALS
August 26, 1999
C. Status of Previous Applications:
N one
Distribution:
Mr. Mike Lopez, Acting Land Development Coordinator, Central Permit Office, County Government Center,
East Wing, 70 West Redding Street, San Jose, CA 95110
Marc Whyte, 16376 Camelia Terrace, Los Gatos, CA 95032
N:\DEV\CNCLRPTS\9-6.ref
Town Council Minutes September 7, 1999
Redevelopment Agency Los Gatos, California
HEARINGS CONTINUED
GLEN RIDGE AVENUE 133/RESIDENTIAL REMODEL/APPEAL (20.09)
Mayor Hutchins stated that this was the time and place duly noted for public hearing to consider
appeal of the decision of the Planning Commission denying a request for Architecture and Site
approval to exceed the FAR for a pre-1941 single family residence on property zoned R-1:8.
Project Application PRJ-98-250. Property Location: 133 Glen Ridge Avenue. Property
Owner\Applicant\Appellant: Larry J. and Karin Willard. (Continued from 7/6/99 and 8/2/99.)
No one from the audience spoke to this issue.
Motion by Mr. Blanton, seconded by Mr. Pirzynski, to close the public hearing. Carried by a
vote of 4 ayes. Mr. Attaway absent.
Motion by Mr. Pirzynski, seconded by Mr. Blanton, to uphold the Planning Commission's
decision and deny the application to exceed the FAR for PRJ-98-250 at 133 Glen Ridge Avenue.
Carried by a vote of 4 ayes. Mr. Attaway absent.
COUNTY REFERRALS (02.47)
Marc Whyte, 16376 Camellia Terrace, spoke to Council about his project and asked Council to
take the time to review his concerns and consider approval of a variance.
Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council continue this item to September
20, 1999 in order to do some research on the proposal:
NU11IBER LOCATION APPLICANT REQUEST RECOMMENDATION
7513 16376 Camellia Terrace Marc Whyte Variance Denial
Carried by a vote of 4 ayes. Mr. Attaway absent.
INITIATING ANNEXATION PROCEEDINGS/SETTING PUBLIC HEARINGS
DESIGNATED AREAS TO THE TOWN OF LOS GATOS (14A-B-C-D-E-F-G-H.14)
Mayor Hutchins stated that this was the time and place duly noted to consider adopting
resolutions initiating proceedings and setting public hearing dates for pocket annexations for
designated areas to the Town of Los Gatos.
The following people from the audience spoke to this issue:
Roger Goldthwaite, 16477 Hilow Road, would like this item dropped from the agenda and no
longer considered. Does not want to have the hearings. Wants to maintain his County status.
The issue has arisen several times before and been voted down.
Gunther Greszik, 15654 Blossom Hill Road, spoke against the proceedings.
Thomas McGlashen, 5041 Wilma Way, San Jose, spoke for his mother Irene McGlashen, 15910
Cherry Blossom, against annexation and the continuation of the proceedings.
Donald Housman, 16369 Hilow Road, spoke against annexation.
Donna Geary, 16341 Hilow Road, spoke concerning the large turn out of voters against
annexation during the last election concerning this matter. She noted the great amount of work
the County and Town must go through to do this and the work the residents must do to opposed
the annexation. She asked that Council discontinue the process.
Christian Evensen, 16030 Escobar Ave., spoke against annexation.
TC: D 11: M M090799 6