Item 19 Staff Report Consider an Appeal of the Planning Commission's Decision to Deny an Application for Use and Occupy Approval for a Medical Office Use on Property Zoned C-2. Use and Occupancy, UO-98-0004. Property Location: 236 North Santa Cruz Avenue,COUNCIL AGENDA REPORT
DATE: March 26, 1999
TO: MAYOR AND TOWN COUNCIL
FROM: TOWN MANAGER
SUBJECT:
REMARKS:
MEETING DATE: 4/05/99
ITEM NO. J/i}
CONSIDER AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY AN
APPLICATION FOR USE AND OCCUPANCY APPROVAL FOR A MEDICAL OFFICE USE
ON PROPERTY ZONED C-2. USE AND OCCUPANCY, UO-98-0004. PROPERTY
LOCATION: 236 NORTH SANTA CRUZ AVENUE, SUITE 112. PROPERTY OWNER:
WILLIAM BACCHI. APPLICANT/APPELLANT: KIM DAVIS
The attached continuance request from Dr. Kim Davis was received on March 19, 1999. Staff recommends that Council
deny the request and take final action at this meeting because this matter concerns an on going violation that has existed
for over seven months.
Attachments:
1. Continuance Request Letter from Dr. Kim Davis, received March 19, 1999.
Distribution:
Kim Davis, 45 Euclid Ave., Los Gatos, CA 95030
William Bacchi, Los Gatos Eureka Building, 236 N. Santa Cruz Ave., Ste. 105, Los Gatos, CA 95030
N:1DE VICNCLRPTS1236NSC.A D2
PREPARED BY: LEE E. BOWMAN
PLANNING DIREC OR
Reviewed by: a{I(/ Attorney rs Finance
Revised: 3/26/99 2:57 pm
Reformatted: 10/23/95
4
Kim Davis
236 N. Santa Cruz Avenue, Suite 112
Los Gatos, California 95030
Town of Los Gatos
Office of the Town Clerk
110 E. Main Street
Los Gatos, California 95030
March 19, 1999
MAR igi999
TOWN OF lOS GATOS
OFFICE OF TOWN CLE X
1
J
Dear Town of Los Gatos:
I would like to request an extension for my April 5 Town Council appeal
(regarding my January 13 Planning Commission appeal). I have been
diligently searching for new office space and believe I may have found
an acceptable space. However, it will require time to get the
appropriate sign -offs, and I will be out of town at a previously
scheduled professional conference which is important to my work.
I will be returning the morning of April 5 and am concerned that
I will not yet have this resolved.
It would give me great peace of mind to know that I have a small
cushion of additional time as a contingency. I will inform the
Town Clerk and the Town Council the moment my new space is approved
and my lease is signed. Thank you very much for your consideration
in this matter.
Sincerely:
Kim Davis
ATTACHMENT
PHONE NO. :
LOS GATOS OPTIMAL HEALTH
236 No. Samoa Cruz Avenue, Suite 112
Las Gaol, CA 95030
408.354.5055
fix; 4083543633
DATE: G' t
TO: NIA'tVk"w
FROM:
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Thank you.
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F_B_A_ PROPERTIES
18815 Lark Ave. Los Gatos, CA 95032
F.H.A. Properties 408-353-5310 work 408-358-5309 fax fbookey®bc,netcr3m.00m
Fax
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Pout 408-354-5066 •
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Fred Bookey CC1M ,GRI
over 03/18/99
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Dear Klm,
You were right, I hove not oared because I have had nothing to report to you. I have
four Los Gatos brokers keeping their eye out for me, but so far nothing. In Los Gatos
it is very difficult to find what you are looking for and have enough parking. I have not
give up.
Have a great trip and 1 wil be looking while you are gone.
Regards,
Fred
,ROM :
3/ 19/ ISS9 17: 4e.
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Soddlledso
F!ederic E. Bookey & Associates
Residential commercial heel Estate censor•
Town Council
Town of Loa Gatos
10 E. Main Street
Los Gatos, California 95032
Much 19, 1999
Bear Town Council
16611 Lana Ave. gum 202
Lee Gam, CA. 31030
Ott = (40$) 35/4310
Fit, 000 35443309
As of Wednesday, February 3, 1999, I have been assisting Dr. Kim Davis in her search
for new office space for her business, Los Galas Optimal Health. Although we bath have
been quite determined in our activity, we have not yet located office space to fulfill the
town' a parking requirement. I feel that additional time will be necessary to allow Dr
Davis to locate an appropriate space. Please be assured that woo are making every possible
effort in the hard.
Sincerely,
Fred Bookey CCIM, GRI
F.B.A. Properties
Owner/Broker
Town Council Minutes April 5, 1999
Redevelopment Agency Los Gatos, California
VERBAL COMMUNICATIONS CONT.
Foster Road Improvement Committee:
Alastair Dallas, 17681 Foster Road, noted the deteriorating conditions on Foster Road and
asked the Town to consider repairs in this area during budget considerations this year.
PG&E Right -of -Way:
Norma Rose, 323 Blossom Valley Drive, asked that the Town address the issue of individuals
dumping trash on PG&E property, and that the Town request that the agency attend to the
problem.
HEARINGS
SANTA CRUZ AVE N 236/MEDICAL OFFICE USE/APPEAL (19.09)
Mayor Hutchins stated that this was the time and place duly noted for public hearing to consider
an appeal of the Planning Commission's decision to deny an application for use and occupancy
approval for a medical office use on property zoned C-2. Use and Occupancy: UO-98-0004.
Property Location: 236 North Santa Cruz Ave, Ste. 112. Property Owner: William Bacchi.
Applicant/Appellant: Kim Davis.
The following person from the audience spoke to this issue:
Kim Davis, 45 Euclid Ave., spoke of her search for new office space in town and asked Council
for an extension of time to acquire a new location.
No one else from the audience addressed this issue.
Motion by Mrs. Lubeck, seconded by Mr. Blanton, to continue this item to May 17, 1999.
Carried unanimously.
OLD BLOSSOM HILL ROAD 101/RESIDENTIAL APPEAL (20.09)
Mayor Hutchins stated that this was the time and place duly noted for public hearing to
reconsider an appeal of a decision of the Planning Commission approving an Architecture and
Site Application to construct a new residence on property zoned R-1:8. Project Application:
PRJ-98-165. Property Location: 101 Old Blossom Hill Road. Property Owner/Appellant: Paul
H. and Michelle A. Izor.
Mayor Hutchins noted Council consensus to grant the Izors the appeal of the dedication
requirement of 30 feet for sidewalk on Old Blossom Hill Road. Mr. Izor wanted to keep the
appeal open in order to question the 45 foot dedication on Blossom Hill Road. This hearing
remained open to the existing appeal.
The following person from the audience spoke to this issue:
Paul H. Izor, 128 Nina Court, noted that he had sent a letter dated February 1, 1999 to the
Mayor and Town Council and a letter dated January 27, 1999 to the Town Attorney. He
requested that the Council recind its previous action in regards to this appeal and application.
He asked that condition #5 of the Council report for dedications be deleted and as an
alternative, specify a forty foot setback along Blossom Hill Road and a fifteen foot set back
along Old Blossom Hill Road: He desires to retain ownership of this property so that he can
accept responsibility for the upkeep of landscaping and maintenance of the lot. He noted that
the Town has required over 51% of his property to be dedicated as public property at this time.
He would be willing to accept a deed restriction concerning construction on this section, and
recognize condemnation when Blossom Hill is eventually widened
TC: D 11: MM040599
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