2001-044- Denying Appeal Of The Planning Commission Decision Denying A Request To Install Vinyl Windows On Property Zoned R-1d:Lhp.RESOLUTION 2001- 44
RESOLUTION DENYING APPEAL DF THE PLANNING COMIVIISSION DECISION
DENYING A REQUEST TO INSTALL VINYL WINDOWS ON PROPERTY ZONED R-
1D:LHP.
HISTORIC ARCHITECTURE AND SITE: HS-00-12.
PROPERTY LOCATION: 310 NICHOLSON AVENUE.
PROPERTY OWNER/APPLICANT/APPELLANTS: I~EN AND ANGELO DALLA.
WHEREAS:
A. This matter came before Council for public hearing on April 16, 2001, on an appeal
by Ken and Angelo Dalla 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 appellants and all
interested persons who wished to testify or submit documents. Council considered all testimony and
materials submitted,. including t11e record of the Planning Commission proceedings and the packet
of material contained in the Council Agenda Report dated April 11, .2001, .along with subsequent
reports and materials prepared concerning this application.
C. In May 2000, aTown building inspector stopped work at the Dalla residence, located
in the Almond Grove Historic District because windows were being installed without a building
permit, The inspector further noted that the installed windows are vinyl rather than being true
divided life wood windows and are thus inconsistent with Town requirements for historic structures.
The property owners sought approval from the Historic Preservation Committee to retain the vinyl
windows in lieu of true divided life wood windows to .match windows that were removed.
D. Historic Preservation Committee considered the matter on June 20, 2000 and denied
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the request citing the standards of the Almond Grove Historic District Ordinance and the Pre-19141
Design Guidelines. On August 25, 2000, the property owners were issued a building permit to
:replace the windows with wood windows. The property owner determined that the cost was
prohibitive and again requested approval from the Historic Preservation Committee. .Historic
Preservation Committee denied the application on November 1, 2.000 and the property owners
appealed the decision. The .Planning Commission considered this .matter on February 28, 2001,
upheld the decision of the Historic Preservation Committee and denied the appeal.
E. The appeal is based on appellants' contention that the Planning Commission erred
or abused its discretion and that new information was submitted showing a double standard in
decision making.
F, Council finds that the Planning Commission decision was correct. Having learned
that under former .standards vinyl/aluminum clad wood windows were being used in place of true
wood windows, the Historic Preservation Committee set a new standard requiring true wood
windows. Appellants installed nonconforming windows after these standards were adopted.
RESOLED:
1. The appeal of the decision of the Planning Commission on Historic Architecture and
Site Application HS-00-12 is .denied and the property owner shall correct the work done within 90
days of the action of the Town Council, which includes the replacement of the new windows with
the divided lite wood windows to match the original windows that were removed and to finalize the
building permit (vinyl clad wood windows are not permitted).
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
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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 and Federal law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, on the 7`~' day of May, 2001 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Sandy Decker, Steve Glickman,
Mayor Joe Pirzynski.
NAYS: None
ABSENT: None
ABSTAIN: None ~ (~~_____,
SIGNED:
AYOR OF TH TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
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~.:
CLLI?I~ OF THE TOWN OF LO ATOS
LOS' GATOS, CALIFORNIA
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