Desk Item.Olive Street 118 - Appeal
PREPARED BY: Sean Mullin, AICP
Senior Planner
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Director
of Parks and Public Works
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 4/5/2022 ITEM NO: 15 DESK ITEM
DATE: April 5, 2022
TO: Town Council
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider an Appeal of a Planning Commission Decision 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. Located at 118 Olive Street. APN 410-15-022. Architecture and Site
Application S-21-013. PROPERTY OWNER: Thomas and Meredith Reichert.
APPLICANT: Jay Plett, Architect.
REMARKS:
Attachment 15 includes a letter signed by Shelli Baker (appellant and property owner of 120
Olive Street), Thomas Reichert (property owner of 118 Olive Street), Lynn Woodford (neighbor
at 116 Olive Street), and Andrew Coven (property owner of 39 Ashler Avenue). This letter
indicates that all parties have reached a compromise on the project, which would result in the
following project revisions:
• Increase the west side yard setback from three feet to four feet;
• Reduce the east side yard setback from the required five feet to four feet; and
• Increase the front yard setback from 10 feet to 12 feet, six inches.
The letter indicates that the appellant is willing to withdraw their appeal of the Planning
Commission approval of the project if these project revisions are implemented; however, the
revised project includes a reduced east side yard setback of four feet where five feet is
required, and this reduced setback was not considered by the Planning Commission or included
in their approval of the project. Withdrawing the appeal would allow the project approved by
the Planning Commission to stand and would allow for minor changes that are in substantial
compliance with the approved plans (per Condition of Approval 1) to be approved by staff
during Building Permit review. These changes could potentially include the proposed increase
PAGE 2 OF 3 SUBJECT: 118 Olive Street/S-21-013 DATE: April 5, 2022
REMARKS (continued):
in front and west side yard setbacks, since the residence would not be closer to the property
lines than what was approved. However, because the Planning Commission approval did not
include reduced east side yard setbacks, withdrawing the appeal would not allow staff to
approve a Building Permit that included the revised east side setback. The Council could
consider the project revisions detailed in Attachment 15, receive public testimony, and discuss
whether the revised project is consistent with the Town Code and compatible with the
neighborhood. If the Council finds merit in the revised project, the Council could include the
following additional Condition of Approval:
Prior to the issuance of a Building Permit, the development plans shall be revised to
include east and west side yard setbacks of no less than four feet and a front setback of
no less than 12 feet, six inches.
In addition to the letter discussed above, Attachment 16 includes public comments received
between 11:01 a.m., Monday, April 4, 2022, and 11:00 a.m., Tuesday, April 5, 2022.
ATTACHMENTS:
Previously received with the April 5, 2022, Staff Report:
1. January 12, 2022 Planning Commission Staff Report, with Exhibits 1-11
2. January 22, 2022 Planning Commission Addendum Report, with Exhibits 12-13
3. January 12, 2022 Planning Commission Verbatim Minutes
4. February 9, 2022 Planning Commission Staff Report, with Exhibits 14-15
5. February 9, 2022 Planning Commission Desk Item Report, with Exhibits 16-18
6. February 9, 2022 Planning Commission Verbatim Minutes
7. February 10, 2022 Planning Commission Action Letter
8. Appeal of the Planning Commission Decision, received February 22, 2022
9. Applicant’s Response to Appeal, received March 21, 2022
10. Supplemental Information from Appellant, received March 31, 2022
11. Draft Resolution to Deny Appeal and Approve Project, with Exhibits A and B
12. Draft Resolution to Grant Appeal and Remand Project to Planning Commission
13. Draft Resolution to Grant Appeal and Deny Project
Previously received with the April 5, 2022, Addendum Report:
14. Public comments received between 11:01 a.m., Thursday, March 31, 2022, and 11:00 a.m.,
Monday, April 4, 2022
PAGE 3 OF 3 SUBJECT: 118 Olive Street/S-21-013 DATE: April 5, 2022
ATTACHMENTS (continued):
Received with this Desk Item Report:
15. Email from 118 Olive Street property owner with attachment, dated April 4, 2022
16. Public comments received between 11:01 a.m., Monday, April 4, 2022, and 11:00 a.m.,
Tuesday, April 5, 2022