1999-169-Denying An Architecture And Site Application To Construct A New Single Family Residence On The Nonconforming Parcel Zoned R-1DRESOLUTION 1999 -169
RESOLUTION DENYING AN APPEAL OF A DECISION FROM THE PLANNING COMMISSION
DENYING AN ARCHITECTURE AND SITE APPLICATION TO CONSTRUCT A NEW SINGLE
FAMILY RESIDENCE ON A NONCONFORMING PARCEL ZONED R-1D.
PROJECT APPLICATION: PRJ-99-050
PROPERTY LOCATION: 65 COLLEGE AVENUE
PROPERTY OWNER: LEE QUALLS
APPLICANT/APPELLANT.: TODD AND MARLENE JOHNSON
WHEREAS:
A. This matter came before the Council for public hearing on October 18, 1999 , on an appeal
by Todd and Marlene Johnson (applicant/appellant) from a decision of the Planning Commission and was
regularly noticed in conformance with State .and Town law.
B. The Council received testimony and documentary evidence from the appellant and .all
interested persons who wished to testify or submit documents. The 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. dated October 8, 1999 and the desk item dated October
14,.1999:, along with subsequent reports and materials prepared concerning this application.
C, Appellant applied for an Architectural and Site application on March 31, 1999 to construct
anew single family house on a nonconforming parcel zoned R-1 D, The parcel is nonconforming due to lack
of a street frontage. The Development Review Committee denied the application on July 20, 1999. The
Planning Commission considered and denied the application on August 25,1999, because it could not mal{e
the required findings.
D. Appellant is requesting to exceed the allowable slope Floor Area Ration fora 6,506 square
foot .lot with an average slope of 45%. The Town's policy allows a maximum house floor area of 1;014
square feet with a maximum 400 square foot;garage. The proposed house will be 3.23 square feet in excess
of the allowable slope FAR, the proposed garage will be 195 square feet in excess of the allowable slope
FAR.
E. Appellant claims that the Planning Commission "erred in considering the subterranean
garage as a story and determined the home is a three story house, which is not allowed under the Hillside
Standard and deeming that the driveway gradient does not meet the Hillside Standards".
F. The Planning Commission decision was correct.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Project PRJ-99-O50 is therefore
denied.
2. The decision constitutes a final administrative decision pursuant to Code of Civil Procedure
section 1094.6 as adopted by section 1..10.085 of the Town Code of the Town of Los Gatos. Any application
for judicial .relief from this decision must be sought within the time limits and pursuant to the procedures
establishedby Code of Civil Procedure section 1094.6, or such shorter time as required by State and Federal
law.
PASSED .AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California, on the 1 sc day of November, 1999 by the following vote.
COUNCIL MEMBERS:
AYES: .Randy Attaway, Steven Blanton, Linda Lubeck, Joe Przynslci,
Mayor Jan Hutchins.
NAYS: None
ABSENT: None
ABSTAIN.: None
.SIGNED:
S GATOS
TOS, CALIFORNIA
ATTEST:
CLERK OF. THE.TOVJN LOS GATOS
LOS GA'~'w,S, CALIFORNIA