Item 2 - Staff Report and Attachments 1 to 4
PREPARED BY: SEAN MULLIN, AICP
Senior Planner
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6874
www.losgatosca.gov
TOWN OF LOS GATOS
HISTORIC PRESERVATION
COMMITTEE REPORT
MEETING DATE: 02/22/2023 ITEM NO: 2
DATE: February 17, 2023
TO: Historic Preservation Committee
FROM: Joel Paulson, Community Development Director
SUBJECT: Forward a Recommendation to the Community Development Director on a
Request for Construction of an Accessory Structure Requiring Variances to
Accessory Structure Lot Coverage Standards, Street-Side Setback
Requirements, and Reverse Corner Lot Projection Standards in the University-
Edelen Historic District on Property Zoned R-1D:LHP. Located at 202
University Avenue. APN 529-04-001. Variance Application V-22-003.
Property Owner: Tyler and Kristine Shewey. Applicant: Jay Plett, Architect.
Project Planner: Sean Mullin.
RECOMMENDATION:
Forward a recommendation to the Community Development Director on a request for
construction of an accessory structure requiring Variances to accessory structure lot coverage
standards, street-side setback requirements, and reverse corner lot projection standards in the
University-Edelen Historic District zoned R-1D:LHP located at 202 University Avenue.
PROPERTY DETAILS:
1. Date primary structure was built: 1898 (effective year built 1930) per County Assessor’s
Database; 1870s per Bloomfield Survey
2. Town of Los Gatos Historic Status Code: +, historic and intact, worthy of special note
3. Does property have an LHP Overlay? Yes
4. Is structure in a historic district? Yes, University-Edelen
5. If yes, is it a contributor? Yes
6. Findings required? No
7. Considerations required? Yes
BACKGROUND:
On July 28, 2021, the Committee considered a request for construction of a second-story
addition to the main residence to exceed floor area ratio standards and for construction of a
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BACKGROUND (continued):
detached garage with reduced side and rear setbacks of three feet where five feet is required
by the Town Code. The Committee forwarded a recommendation of approval to the
Community Development Director and the application was subsequently approved by the
Planning Commission on January 26, 2022.
Following the Planning Commission approval, the applicant revised the location and dimensions
of the detached garage to further preserve the viewsheds of neighboring properties. The
revised proposal required approval of a Variance to the accessory structure lot coverage
standards of the Town Code and a Variance for a side setback of one foot and a rear setback of
one and one-half feet where five feet is required. On August 24, 2022, the Committee
considered the revised proposal and forwarded a recommendation of approval to the
Community Development Director.
The revised proposal was scheduled for consideration by the Planning Commission on
December 14, 2022. Prior to the meeting, the property owner requested a continuance to
allow them additional time to continue to work with their neighbors to address their concerns.
The item was continued to the January 25, 2023, Planning Commission meeting. The item was
subsequently continued to the March 8, 2023, Planning Commission meeting to allow staff time
to thoroughly review revised project materials.
The revised proposal has been forwarded to the Committee for a recommendation.
DISCUSSION:
The location of the garage has been revised and is now proposed near the southern property
line along Miles Avenue (Attachment 4). The garage would be turned 90 degrees to take access
from the western elevation via a curved driveway off Miles Avenue. The design of the
proposed garage is consistent with the previous proposals and would match the residence in
form, materials, and details. Exterior materials include a composition roof, horizontal and
vertical wood siding, wood garage doors, and detailing to match the residence. The applicant’s
Letter of Justification (Attachment 1) indicates that the revised location of the garage is a result
of:
• Continued discussion with the neighbors to find the least impactful location;’
• Finding a design/location that does not require relocation of the PG&E guy wire; and
• Creating a design that would be compatible with garages throughout the Town’s historic
districts the include nonconforming street-side setbacks.
The proposed detached garage requires Variances to the accessory structure lot coverage
standards, street-side setback requirements, and reverse corner lot projection standards. The
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DISCUSSION (continued):
size of the proposed garage exceeds the allowable lot coverage for accessory structures, which
is limited to 15 percent of the lot area exclusive of the required setbacks. The subject property
allows for a maximum of 485 square feet of accessory structures, where the proposed garage is
518 square feet. The proposed garage would also have a street-side setback of three feet
where 10 feet is required. Lastly, the property is considered a reverse corner lot, which is a
corner lot in which the rear property line abuts the front yard area of an adjoining interior lot
(Attachment 2). The Town Code does not allow accessory structures located on a reverse
corner to project beyond the required front setback of the lot to the rear. The proposed garage
would be located three feet from the street-side property line where 15 feet is required for a
reverse corner lot.
The applicant has provided a Neighborhood Plan showing how the reduced setbacks for the
proposed detached garage are compatible with other properties in the immediate
neighborhood (Attachment 4, Sheets A-2 and A-3). The applicant’s Letter of Justification
describes the constraints of the site, their continued efforts to address neighbor concerns, and
discusses how granting of the Variances would allow for development that is consistent with
the neighborhood pattern and similar to other detached accessory structures enjoyed by
property owners in the vicinity (Attachment 1).
When making their recommendation, the Committee should consider whether the proposed
accessory structure lot coverage and the reduced setbacks for the detached garage are
compatible with the neighborhood and consistent with the Residential Design Guidelines.
CONCLUSION:
Should the Committee find merit in the proposed project, it should make the following findings
and considerations and make a recommendation of approval to the Community Development
Director.
FINDINGS AND CONSIDERATIONS:
A. Findings
Sec. 29.20.165. Variances.
The deciding body, on the basis of the evidence submitted at the hearing, may grant a
variance if it finds that:
1. Because of special circumstances applicable to the property, including size, shape,
topography, location or surroundings, the strict application of this ordinance
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CONCLUSION (continued):
deprives such property of privileges enjoyed by other property in the vicinity and
under identical zone; and
2. The granting of a variance would not constitute a grant of special privileges
inconsistent with the limitations upon other properties in the vicinity and zone in
which such property is situated.
B. Considerations
Sec. 29.80.290. Standards for review.
In evaluating applications, the deciding body shall consider the architectural style, design,
arrangement, texture, materials and color, and any other pertinent factors. Applications
shall not be granted unless:
In Historic Districts, the proposed work will neither adversely affect the exterior
architectural characteristics or other features of the property, which is the subject of
the application, nor adversely affect its relationship, in terms of harmony and
appropriateness, with its surroundings, including neighboring structures, nor
adversely affect the character, or the historical, architectural, or aesthetic interest or
value of the district.
C. Residential Design Guidelines
Section 4.9 of the Town’s Residential Design Guidelines offers recommendations for
accessory structures through reference to Section 3.9 (Attachment 2).
ATTACHMENTS:
1. Letter of Justification
2. Reverse Corner Lot Exhibit
3. Section 3.9, Residential Design Guidelines
4. Development Plans
JA/FLEET
Page 1SHEWEY GARAGE202 UNIVERSITY AVENUE LOS GATOS, CA 95030
PROJECT DESCRIPTION/JUSTIFICATION
TO: Town of Los Gatos FROM: Jay Plett Architect February 15, 2023
DESIGN CONSIDERATIONS
1.WORK WITH THE NEIGHBORS TO PLACE THE STRUCTURE TOBE AS LEAST IMPACTFUL AS POSSIBLE.
2.DESIGN AROUND THE EXISTING POWER POLE GUY WIRE THATIMPOSES AN UNDUE BURDEN ON OUR PROPERTY. REFER TOSHEET A – 1.
3.DESIGN TO BE COMPATIBLE WITH OTHER GARAGES THRU-OUT THE TOWN'S HISTORIC DISTRICTS THAT POSSESS NON-CONFORMING STREETSIDE SETBACKS.
SETBACK REQUEST
AFTER REVIEWING THE NEIGHBORS WRITTEN OPPOSITION AND THEN MEETING AGAIN (PLS REFER TO THE SHEWEY'S LETTER), WE HAVE PLACED THE GARAGE IN THE ONLY ALTERNATIVE LOCATION POSSIBLE DUE TO THE LOCATION OF THE EXISTING POWER POLE GUY WIRE.
THIS DESIGN IS CONSISTENT WITH MANY GARAGES IN THE VARIOUS TOWN HISTORIC DISTRICTS –REFER TO SHEET A – 2.
THIS GARAGE PLACEMENT PROVIDES FOR UNOBSTRUCTED WINDOW AND UPPER DECK SPACE FOR 72 MILES. 210 UNIVERSITY OBJECTIONS HAVE ALSO BEEN SATISFIED WITH THIS DESIGN. UNLIKE THE OTHER GARAGES LOCATED WITHIN THE STREETSIDE SETBACKS WITH SUB-STANDARD DRIVEWAYS, OURS WILL BE OF A 'SIDELOADED' DESIGN THAT PROVIDES FOR A SAFER, ADEQUATE BACKUP SPACE.
ATTACHMENT 1
JA/FLEET
Page 2SHEWEY GARAGE202 UNIVERSITY AVENUE LOS GATOS, CA 95030
PROJECT DESCRIPTION/JUSTIFICATION
SITE ACCESSORY COVERAGE REQUEST:
A VARIANCE FOR NET LOT SITE COVERAGE IS ALSO REQUESTED. THIS BEING A CORNER LOT WITH AN INCREASED OUTSIDE SIDE SETBACK, OUR NET SITE AREA IS COMPROMISED COMPARED TO AN INTERIOR LOT OF SIMILAR SIZE.
485 SF
537 SF
ALLOWED GARAGE BY NET SITE AREA IS
AN INTERIOR PARCEL OF IDENTICAL SIZEWOULD HAVE A NET SITE AREAALLOWANCE FOR A GARAGE OF
THE PROPOSED DETACHED GARAGE IS 518 SF
AS A CORNER LOT, THE PROPOSED GARAGE HAS A NET SITE AREA = 16%. IF IT WERE CALCULATED AS AN INTERIOR LOT, THE NET SITE AREA WOULD = 14%. PER THE TABLE ON SHEET NP-1, WE ARE WELL WITHIN THE NORMS REGARDING AREA AND LOT COVERAGE OF THE EXISTING ACCESSORY STRUCTURES IN THE NEIGHBORHOOD.
REVERSE CORNER LOT REQUEST:
A VARIANCE FOR REVERSE CORNER LOT PROJECTION IS ALSO REQUESTED - THIS IS DUE TO THE FOLLOWING CONDITIONS:
A.) THE EXISTING GUYWIRE ESTABLISHES THE ONLY POSSIBLE DRIVEWAY ENTRANCE LOCATION. IF WE WERE TO ADHERE TO A 15'-0" SETBACK, THERE WOULD NOT BE ADEQUATE BACKUP SPACE BETWEEN THE GARAGE AND HOUSE.
JA/FLEET
Page 3SHEWEY GARAGE 202 UNIVERSITY AVENUE LOS GATOS, CA 95030
1.THE POWER POLE GUY WIRE PLACES AN UNDUE BURDENAND CONSTRAINT ON THE PROPERTY NECESSITATING THENEED FOR REDUCED STREETSIDE SETBACK WITH ASIDELOADING GARAGE.
2.A VARIANCE FOR A REDUCED STREETSIDE SIDEYARD, LOTCOVERAGE, AND REVERSE CORNER PROJECTION, WOULDNOT CONSTITUTE A SPECIAL PRIVILEGE NOT FOUND ONOTHER PROPERTIES IN THE AREA OR IN OTHER HISTORICDISTRICTS.
PROJECT DESCRIPTION/JUSTIFICATION
SUMMARY:
AFTER WORKING THOROUGHLY WITH THE NEIGHBORS, WE BELIEVE WE'VE COME TO A SUPERIOR DESIGN THAT IS COMPATIBLE WITH MANY OTHER GARAGES WITHIN THE TOWN'S HISTORIC DISTRICTS AND THAT OURS MEETS THE TOWN CODE 29.20.1700 STANDARDS.
B.) THE PROPOSED GARAGE LOCATION ALLIEVIATES THE CONCERNS OF THE IMMEDIATE NEIGHBORS OFFERING PRIVACY AND LIGHT.
C.) MANY NEARBY GARAGES AND GARAGES IN NEIGHBORING HISTORIC DISTRICTS HAVE THIS EXCEPTION. NOTABLY SHOWN ON SHEET A-3 #2 81 BROADWAY, #3 123 UNIVERSITY, #5 259 UNIVERSITY, #6 301 ALMENDRA, #8 312 W. MAIN AND #9 221 UNIVERSITY.
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Required street-side
setback of 10 feet
Required reverse corner
lot setback of 15 feet 15 feet ATTACHMENT 2
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Residential Design Guidelines 33
Town of Los Gatos
BUILDING DESIGN3
3.8.3 Use traditional detailing
•Treat openings in walls as though they were constructed of
the traditional material for the style. For example, be sure to
provide substantial wall space above arches in stucco and
stone walls. Traditionally, wall space above the arch would
have been necessary to structurally span the opening, and
to make the space too small is inconsistent with the archi-
tectural style.
•Openings in walls faced with stone, real or synthetic, should
have defined lintels above the opening except in Mission or
Spanish Eclectic styles. Lintels may be stone, brick or wood
as suits the style of the house.
•Treat synthetic materials as though they were authentic.
For example, select synthetic stone patterns that place the
individual stones in a horizontal plane as they would have
been in a load bearing masonry wall.
•Select roof materials that are consistent with the traditional
architectural style (e.g., avoid concrete roof tiles on a Crafts-
man Style house.)
3.8.4 Materials changes
•Make materials and color changes at inside corners rather
than outside corners to avoid a pasted on look.
3.9 ADDITIONS/ACCESSORY BUILDINGS/SECONDARY
UNITS
•Site additions in the least conspicuous place. In many cases
this is a rear or side elevation - only rarely is it a rooftop.
•The existing built forms, components and materials should
be reinforced. Heights and proportions of additions and
alterations should be consistent with and continue the
original architectural style and design.
•Additions should be subordinate, and compatible in scale
and proportion to the historically significant portions of
the existing structure.
•When an addition or remodel requires the use of newly
constructed exterior elements, they should be identical in
size, dimension, shape and location as the original, and
Use stone or wood lintels over
openings in stone walls
Additions, accessory buildings and secondary
units should match the form, architectural
style, and details of the original house
ATTACHMENT 3
Residential Design Guidelines34
Town of Los Gatos
BUILDING DESIGN3
should utilize the same materials as the existing protected
exterior elements.
• When an addition necessitates the removal of architectural
materials, such as siding, windows, doors, and decorative
elements, they should be carefully removed and reused in
the addition where possible.
• The introduction of window and door openings not char-
acteristic in proportion, scale, or style with the original
architecture is strongly discouraged (e.g., sliding windows or
doors in a structure characterized by double hung windows
and swinging doors).
• The character of any addition or alteration should be in
keeping with and subordinate to the integrity of the original
structure.
• The amount of foundation exposed on the addition should
match that of the original building.
• Do not add roof top additions where the roof is of historic
significance.
• Second floor additions are discouraged in neighborhoods
with largely one story homes. If horizontal expansion of
the house is not possible, consider incorporating a second
floor addition within the roof form as shown in the example
to the left.
• Second floor additions which are not embedded within the
roof form should be located to the rear of the structure.
• The height and proportion of an addition or a second story
should not dominate the original structure.
• Deck additions should be placed to the rear of the struc-
ture only, and should be subordinate in terms of scale and
detailing.
• New outbuildings, such as garages, should be clearly subor-
dinate to the main structure in massing, and should utilize
forms, materials and details which are similar to the main
structure.
• Garages should generally be located to the rear of the lot
behind the rear wall of the residence. One car wide access
driveways should be utilized.
Original structure
Addition incorporated into the roof
successfully adds space while respecting the
integrity of the existing house and the scale of
the neighborhood
Placing a two story addition to the rear can
minimize its impact on the historic resource
and the scale of the neighborhood
NEW DETACHED GARAGE WITH REDUCED
CORNER SIDE SIDEYARD SETBACK
23
ATTACHMENT 4
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