1999-124-Application To Exceed The Allowable Floor Area Ratio For Unlawful Addition On A Pre-1941 Residence On A Nonconforming Lot Zoned R-1DICES®LIJ'TIOl~ 1999 -124
RESOLUTION GRANTING AN APPEAL OF THE DECISION OF THE PLANNING
COMMISSION DENYING AN ARCHITECTURE AND SITE APPLICATION TO EXCEED
THE ALLOWABLE FLOOR AREA RATIO FOR UNLAWFUL ADDITION ON A PRE-1941
RESIDENCE ON A NONCONFORMING LOT ZONED R-1D
PROJECT APPLICATION: PRJ-99-03:3
.PROPERTY LOCATION: 32 BAYVIEW AVENUE
.PROPERTY OWNER./ APPLICANT /APPELLANT: JIM AND BO DOLEN
WIIEI2EAS a
A. This matter came before Council for public hearing on July 19, 1999, on an appeal
by Jim and Bo Dolen from a decision of the Planning :Commission and was regularly noticed in
conformance with State and Town law.
B. Council received testimony and documentary evidence from the appellant and all
interested persons who. wished to testify or submit documents. Council considered all testimony and
materials submitted, including the record ofthe .Planning Commission proceedings and the packet
of material contained in the Council Agenda Report dated July 7, 1999,. along. with subsequent
reports and materials prepared concerning this application.
C. In November 1998, the Town learned there was an unlawful addition at property
ocated at 32 Bayview Avenue. The structure was built without proper permits :and exceeded the
FAR regulations. To .rectify -the situation, the property .owner Filed an Architecture -and Site
Application to exceed the FAR regulations.
D. The Development Review Committee recommended denial of the Application and
advised the applicant to remove the unlawful .addition within 90 days of the date of the Development
Review Committee.action. The Planning Commission denied the application on June 9, 1999.
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E. The appellants appealed the Planning Commission decision because the structural
members were damaged from termites and dry rot. The repair resulted in added square feet to the
structure.
F. Council finds pursuant to Town Code Section 29.40..075:
(l) The design, theme, sense of scale, exterior materials and details for the project
are consistent with the provisions of any applicable landmark and historic preservation overlay zone;
and any applicable specific plan, and the adopted residential development standards; and
(2) The lot coverage, setbacks and FAR of the project are compatible with the
development on surrounding lots and the addition is not visible from the surrounding residences.
G. Council finds pursuant to Town Code Section 29.20..300 that the Planning
Commission lacked the .discretion to modify or address policy which is vested in the Council for
.modification or decision in that the applicant seeks approval of an Architecture and Site Application
to approve prior construction that exceeded the applicable residential FAR under unique
circumstances that arose when, in the course of structural repairs, additional damage to the structure
was revealed that required immediate .modification in :order to avoid weather damage.
I~ESOI,~IEI~:
1. The appeal of the decision of the Planning Commission on Proj ectApplication PRJ-
99-033 is therefore granted.
2. The Conditions of Approval as recommended to the Planning Commission, attached
hereto. and incorporated herein as Exhibit A to this Resolution, are hereby adopted as the conditions
of approval of Project Application PRJ~99-033,
3. The decision constitutes a final administrative decision pursuant to Code of Civil
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Procedure section 1094.6 as adopted by Section 1.10.085 of the 'Town Code of the Town of I.os
Gatos. Any application for judicial relief from this decision must be sought within the time limits
and .pursuant to the procedures established by Code of Civil Procedure Section 1094..6, or such
shorter time as .required by state or federal law.
PASSED AND ADOPTED at a regular meeting of the 'T'own Council of the Town of Los
Gatos, California held on the 2nd day of August, 1999 by the following vote.
COUNCIL MEMBERS:
AYES: .Randy Attaway, Steven Blanton, Linda Lubeck, Joe Przynski,
Mayor Jan Hutchins.
NAPS: None
ABSENT: None
ABSTAIN: None
SIGNET:
S
ATTEST
CLERK ~OF TTIE Td~l ,OF L CrATO S
LOS GATOS, CALTIiORNIA
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