2007-013 - Denying A Request To Construct An Addition That Exceeds The Allowable Floor Area Ratio On Property Zoned R-1:8 Apn: 523-12-039 Architecture And Site Applications S-02-033 Property Location: 980 Cherrystone Drive Property Owner Owner/Appellant:RESOLUTION 2007 -013
RESOLUTION UPHOLDING A PLANNING COMMISSION DECISION DENYING A REQUEST
TO CONSTRUCT AN ADDITION THAT EXCEEDS THE ALLOWABLE FLOOR AREA RATIO
ON PROPERTY ZONED R -1:8.
APN: 523 -12 -039
ARCHITECTURE AND SITE APPLICATION S -02 -033
PROPERTY LOCATION: 980 CHERRYSTONE DRIVE
PROPERTY OWNER OWNER/APPELLANT: JOAN HINKIN
WHEREAS:
A. This matter came before the Town Council for public hearing on January 16, 2007, 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 of the Planning Commission proceedings and the packet of
material contained in the Council Agenda Report dated January 11, 2007, along with subsequent reports
and materials prepared concerning this application.
C. The appellant is requesting an appeal of a Planning Commission decision denying a
request to construct an addition that exceeds the allowable floor area ratio on property zoned R -1:8. The
appellant proposed to construct a second story addition, which exceeded the floor area ratio by 685 square
feet.
D. The application was considered by the Planning Commission on November 8, 2006,
which acted to deny the project.
E. On January 9, 2007, the appellant submitted a revised plan to construct a 3,426
square foot two story home with a 417 square foot garage and a 2,411 square foot cellar. The proposal
exceeds the allowable floor area by 453 square feet. The proposed cellar exceeds the first floor footprint
by approximately 300 square feet and is inconsistent with the Town's Cellar Policy. The maximum
allowed floor area is 2,973 square feet for the house and 836 square feet for the garage. This revised plan
was not reviewed by the Planning Commission
F. The appellant claims that there is new information that was not reasonably available at the
time of the Planning Commission decision. The appellant stated that the plans that were submitted by her
architect were not accurate and that she would submit revised plans. The appellant submitted revised
development plans on January 9, 2007.
F. The decision of the Planning Commission was correct.
G. Council finds as follows:
The findings of the Planning Commission made on November 8, 2006 are adopted
and incorporated herein.
2. Appellant's revised plan submitted to Council on January 9, 2007 has a
minimal effect on the application that was presented to and denied by the Planning Commission on
November 8, 2007.
RESOLVED:
The appeal of the decision of the Planning Commission on Architectural and Site Application
5 -02 -033 is 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 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 fifth day of February 2007, by the following vote.
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Barbara Spector, Mike Wasserman, and Mayor
Joe Pirzynski
NAYS: None
ABSENT:
SIGNED:
5 AYOR OF OWN OF LOS GATOS
OS GATOS, CALIFORNIA
ATTEST:
CLER
ADMIN ISTRATOR
TO
OF LOS GATOS, CALIFORNIA