2024-006 - Remanding the Planning Commission Decision to Deny a Fence Height Exception Request for Construction of a Six-Foot Tall Fence Located at 124 Garden Hill DriveRESOLUTION 2024-006
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
REMANDING THE PLANNING COMMISSION DECISION TO DENY A FENCE HEIGHT
EXCEPTION REQUEST FOR CONSTRUCTION OF A SIX-FOOT TALL FENCE LOCATED
WITHIN THE REQUIRED FRONT YARD SETBACK, STREET SIDE YARD SETBACK, AND
CORNER SIGHT TRIANGLE ON PROPERTY ZONED R-1:8 TO THE PLANNING
COMMISSION FOR FURTHER CONSIDERATION.
APN 424-23-084
FENCE HEIGHT EXCEPTION APPLICATION: FHE-23-005
PROPERTY LOCATION: 124 GARDEN HILL DRIVE
PROPERTY OWNER: RUSHIKESH KULKARNI
APPELLANT/APPLICANT: MARTIN LETTUNICH
WHEREAS, on August 4, 2023, the Town issued an administrative warning for a code
violation at 124 Garden Hill Drive for an unpermitted six-foot tall fence at the corner of Garden
Hill Drive; and
WHEREAS, on September 7, 2023, the property owner applied for an exception to the
Town's fence regulations for the unpermitted six-foot tall fence at the corner of Garden Hill Drive;
and
WHEREAS, on September 27, 2023, the Town denied the exception request because the
findings listed in Town Code Section 29.40.0320 could not be made; and
WHEREAS, on October 5, 2023, the decision of the Community Development Director to
deny the exception request was appealed to the Planning Commission; and
WHEREAS, on November 8, 2023, the Planning Commission held a duly -noticed public
hearing and considered an appeal of the Community Development Director denial of an
exception to the Town's fence regulations for an unpermitted six-foot tall fence in the required
front yard setback, street side yard setback, and traffic view area at the corner of Garden Hill
Drive; and
WHEREAS, on November 8, 2023, the Planning Commission denied the appeal, upholding
the Community Development Director denial of the exception request; and
WHEREAS, on November 17, 2023, the appellant, an interested person, filed a timely
appeal of the decision of the Planning Commission; and
WHEREAS, this matter came before the Town Council for public hearing on December 19,
2023, and was regularly noticed in conformance with State and Town law; and
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Resolution 2024 - 006 February 6, 2024
WHEREAS, on December 19, 2023, the Town Council continued the public hearing to a
date certain of January 16, 2024; and
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 January 16, 2024, along with any and all subsequent reports and materials
prepared concerning this application.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission decision to deny an exception to the Town's fence
regulations is remanded to the Planning Commission for further consideration based on new
information.
2. The decision does not constitute a final administrative decision and the application will
be returned to Planning Commission for further consideration.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 6th day of February 2024, by the following vote:
COUNCIL MEMBERS:
AYES: Maria Ristow, Rob Rennie, Rob Moore, Matthew Eludes, Mayor Mary Badame
NAYS: None
ABSENT: None
ABSTAIN: None
ATTEST: TOWN CLERK 41.1411evid
HE TOWN OF LOS GATOS
LOS GA.TOS, CALIFORNIA
DATE: .21 itoorAd
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SIGNED:
'etutottt-
MAYOF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: 02-107/20 21f
Resolution 2024 - 006 February 6, 2024