Attachment 13 - Draft Resolution to Grant Appeal and Deny Project
RESOLUTION 2022-___ RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION APPROVING A REQUEST FOR DEMOLITION OF AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENCE TO EXCEED FLOOR AREA RATIO STANDARDS WITH REDUCED FRONT AND SIDE YARD SETBACKS
ON NONCONFORMING PROPERTY ZONED R-1D.
APN 410-15-022
ARCHITECTURE AND SITE APPLICATION: S-21-013
PROPERTY LOCATION: 118 OLIVE STREET
APPELLANT: SHELLI BAKER
PROPERTY OWNER: THOMAS AND MEREDITH REICHERT APPLICANT: JAY PLETT, ARCHITECT
WHEREAS, on January 12, 2022, the Planning Commission held a public hearing and
considered a request for demolition of an existing single-family residence and construction of a
new single-family residence to exceed floor area ratio standards with reduced front and side yard
setbacks on nonconforming property zoned R-1D. The Planning Commission continued the
Architecture and Site application to a date certain and provided direction to the applicant.
WHEREAS, on February 9, 2022, the Planning Commission held a public hearing and
considered the continued request for demolition of an existing single-family residence and
construction of a new single-family residence to exceed floor area ratio standards with reduced
front and side yard setbacks on nonconforming property zoned R-1D. The Planning Commission
approved the Architecture and Site application subject to conditions of approval.
WHEREAS, on February 22, 2022, the appellant, an interested person, filed a timely
appeal of the decision of the Planning Commission approving the request for demolition of an
existing single-family residence and construction of a new single-family residence to exceed floor
area ratio standards with reduced front and side yard setbacks on nonconforming property zoned
R-1D.
WHEREAS, this matter came before the Town Council for public hearing on April 5, 2022,
and was regularly noticed in conformance with State and Town law.
ATTACHMENT 13
Draft Resolution to
be modified by Town
Council deliberations
and direction.
WHEREAS, the Town Council received testimony and documentary evidence from the
appellant and all interested persons who wished to testify or submit documents. The Town
Council considered all testimony and materials submitted, including the record of the Planning
Commission proceedings and the packet of material contained in the Council Agenda Report for
their meeting on April 5, 2022, along with any and all subsequent reports and materials
prepared concerning this application.
NOW, THEREFORE, BE IT RESOLVED:
1. The appeal of the decision of the Planning Commission approving a request for
demolition of an existing single-family residence and construction of a new single-family
residence to exceed floor area ratio standards with reduced front and side yard setbacks on
nonconforming property zoned R-1D is granted and the application is denied.
2. The decision constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los
Gatos. Any application for judicial relief from this decision must be sought within the time limits
and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or such
shorter time as required by state and federal Law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 5th day of April, 2022, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ___________________
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ___________________
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