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Exhibit 9 - Letter of Justification for reduced setbacksT.H.I.S. DESIGN & DEVELOPMENT P.O.Box 1518, Los Gatos, CA 95031 Tel: 408.354.1863 Fax: 408.350.1823 REQUEST FOR REDUCED SETBACKS AT 16705 HILOW ROAD REDUCED FRONT SETBACK (25 ft reduced to 16 ft) When this neighborhood was created, it was done so in an unusual manner – with primary Roadways and secondary Alleyways. This can be seen from the Subdivision maps which created the underlying subdivision and introduced the concept of “Building, Air and Light” Setbacks of 25 feet at the front of each property, but only 8ft Building/Air/Light setbacks along the Alleyways. Hilow Road is one of the Alleyways, and as such properties facing Hilow (in this general neighborhood) are dramatically closer to the street than is usual. On the NEIGHBORHOOD CONTEXT PLAN and NEIGHBORHOOD SETBACK COMPARISON shown on Plan Sheet SC1.0 you can see that the setbacks to Hilow Road are all in the neighborhood of 6 -12-15 ft. It should be noted that the physical roadway We are requesting that the new home to be built at 16705 Hilow Road be granted the same setback as the neighboring homes, so as not to create a neighborhood anomaly – which would look ridiculous in this context. It should be noted that the neighboring home at 16500 Marchmont Drive has never faced Marchmont – but rather faces Hilow Road also – so they have requested a new address of 16701 Hilow Road, which will make the addresses make more sense. REDUCED SIDE SETBACKS (8ft REDUCED TO 6ft) This property is a 5,000 sq ft lot in a neighborhood of larger (10,000 sq ft) parcels and with a legal non-conforming width of 54 ft (60 ft Zoning minimum). As such it is appropriate to consider a reduced side setback for this property. In similar situations in other parts of the Town a 5 ft side setback is common, however we have chosen to keep it as a 6 ft setback as we feel that we have created a design that works well in this situation. Again – this is an unusual location when considering ‘frontage’ and ‘side setbacks’ in that there are no other homes that ‘front’ directly on Hilow Road within 3 blocks. The only home that truly fronts on Hilow Road in a similar manner, is the neighboring home to the North – which is undergoing a significant remodel. When completed, it will have a neighboring address of 16701 Hilow Road and a corresponding side setback of 4ft (less than the 6ft proposed). It is in this context that I feel that this home should be judged. A new home that is designed to conform to the neighborhood pattern in an unusual streetscape, but which will work well as it is designed. It should be noted that this parcel was created using SB9, and the side setback available could be 4ft, rather than the 6ft we have elected to use in this instance. Thank you Tony Jeans EXHIBIT 9 This Page Intentionally Left Blank