2000-018-Granting Part And Remanding An Appeal Of A Decision From The Planning Commission Denying The Request To Add A Second Story Addition On Property Zoned R-1DRESOLUTION 2000 -18
RESOLUTION OF THE TOWN COUNCIL OF'THE TOWN OF LOS GATOS
GRANTING IN PART AND REMANDING AN .APPEAL
OF A DECISION FROM THE PLANNING COMMISSION DENYING
THE'REQUEST TO ADD A SECOND STORY
ADDITION ON PROPERTY ZONED R-1ID.
.MINOR RESIDENTIAL APPLICATION: MR-99-14
PROPERTY LOCATION: 41 CHESTER STREET
PROPERTY OWNER /APPELLANT; DARYL MONK
APPLICANT: E. GARY SCHLOH, AIA
WHEREAS:
A. This matter came before Council for public hearing on February 22, 2000, on an
appeal by Daryl Monk 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. 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 February 22, 2000, .along with
subsequent reports and materials prepared concerning this application.
C. Appellant is requesting .approval to add a second story addition to an existing one
story single family home on a lot zoned R-1:D. The present square footage of the house is:
approximately 839 square feet, and the appellant is proposing to remove approximately 64 square
feet .from the first story and add approximately 993 square feet as a new second story, for a total
:residence of approximately 1,769 square feet. The existing attached 220 square foot single car
garage will be removed as part of the remodel and replaced with a 3.39 square foot single ear garage,
and a 20 foot long driveway. The proposed driveway dimension does not meet Town Code
requirements thus necessitating approval of a variance in order to be allowed.
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D. Appellant is appealing the Planning Commission decision denying his application
because he believes that the Commission did not have the discretion to deny the application, since
the design of the house was in compliance with Town Codes and the proposed design had full
neighborhood support.
E. Council finds as follows:
1. :Pursuant to Town Code section 29.20.300:, thatthere was an error on the part
of the Planning Commission. The proposed design would be compatible with the existing
neighborhood. While the design calls for a second story additionto be located on a corner lot where
homes on adjacent lots are single-story, the surrounding neighborhood is in transition. A number
of remodels have already occurred, most of which feature second-story additions, and more are
planned. The high quality of the architecture of the proposed. remodel will set a standard in design
excellence for .future remodels in the neighborhood. Moreover, although the proposed remodel is
taller than adjacent single-story homes, its overall design resulting in a home smaller than 2000
square feet is consistent with the modest scale of the homes in the neighborhood.
2. Pursuant to Town Code section 29.10.150, that the proj ect is-exempt from the.
parking requirements for major additions to single-family dwellings because.: (a) according to the
testimony of the applicant the existing 839 square foot home is inadequate to comfortably house a
family with dependent children; and {b) the size and configuration of the corner lot, which is smaller
than the average lot in the neighborhood, is inadequate to provide the area necessary to meet Town
parking requirements.
3. The project is categorically exempt as an addition to an existing facility
pursuant to State Environmental Guideline section 15301 as adopted by the Town because the
project is in an area fully servedto allowmaxrnum development under the Town's GeneralPlan and
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the project area is a long standing residential neighborhood that is not environmentally sensitive.
4. Pursuant to Town Code section 29.20.150, the considerations for approval of
Architectural and Site applications have been made.
RESOLVED.:
The .appeal of the decision of the Planning Commission on Minor Residential
Application MR-99-14 is therefore granted in part and remanded to the Planning Commission for
reevaluation of the plans and design with reference to the driveway and for variance application to
be reviewed by the Planning Commission in the normal course.
2. The revised conditions of approval found at Exhibit C of Attachment 5 of the Staff
Report on this item No. 18 dated February 22, 2000 are hereby applied to this application..
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los.
Gatos, California held on the 6t" day of March, 2000 by the following vote.
COUNCIL MEMBERS:
AYES: Jan Hutchins, Linda Lubeck, Joe Przynslci,
Mayor Steven Blanton
NAYS: None
ABSENT: 'None
ABSTAIN: Randy Attaway
SIGNED:
MA OR OFT TO ~ OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTESr
CLERK OF THE TOWN OF L . GATOS
:LOS GAT'O~, CALIFORNIA
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