2014-009 - Grant Appeal for 16560 Shannon RdRESOLUTION 2014 -009
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION
APPROVING A REQUEST TO DEMOLISH A PRE -1941 SINGLE - FAMILY
RESIDENCE AND CONSTRUCT TWO NEW SINGLE - FAMILY RESIDENCES
ON PROPERTY ZONED R -1:8
AND REMANDING THE MATTER TO THE PLANNING COMMISSION FOR
FURTHER CONSIDERATION
APN: 532 -04 -001
ARCHITECTURE AND SITE APPLICATIONS 5 -13 -071 AND 5 -13 -080
PROPERTY LOCATION: 16560 SHANNON ROAD
PROPERTY OWNER/APPLICANT: JG BUIDLING, LLC
APPELLANT: JEFF CURRAN, JG BUILDING, LLC
WHEREAS, this matter came before the Town Council for public hearing on March 3,
2014, and was regularly noticed in conformance with State and Town law.
WHEREAS, Council received testimony and documentary evidence from the appellant,
applicant, 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 Planning Commission
Report dated January 8, 2014, along with subsequent materials prepared concerning this
application.
WHEREAS, the applicant requested approval of Architecture and Site applications
S -13 -071 and 5 -13 -080 to demolish a pre -1941 single family residence and construct two new
single family residences. Surrounding properties on Shannon Road are developed with single
family residences (east, south and west), church and ancillary facilities (north).
WHEREAS, the Planning Commission considered the applications on January 8, 2014,
and voted to deny the Architecture and Site applications based on concerns about neighborhood
compatibility of the proposed two story homes due to bulk and mass and architectural details.
WHEREAS, the appellant appealed the decision of the Planning Commission based on
his belief that the Planning Commission erred in its decision in implying that the proposed two
story single family homes were not compatible with the immediate neighborhood; and
WHEREAS, Council has determined that new information was submitted to the
Council during the appeal process that was not readily and reasonably available for submission
to the Planning Commission.
NOW, THEREFORE, BE IT RESOLVED, that the appeal of the decision of the
Planning Commission on Architecture and Site applications 5 -13 -071 and 5 -13 -080 are hereby
granted and the applications are remanded to the Planning Commission for further consideration
with direction to consider not only reducing the square footage of the house on Lot 2 but
considering a new concept and comments provided by the Planning Commission at the January
8, 2014, public hearing and the Town Council at the March 3, 2014, public hearing.
BE IT FURTHER RESOLVED, that 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, held on the 3`d day of March, 2014, by the following vote.
COUNCIL MEMBERS:
AYES: Marcia Jensen, Joe Pirzynski, Barbara Spector, Mayor Steven Leonardis
NAYS: Diane McNutt
W-31-Am
ABSTAIN:
N D:
MAYOR OF THE TOWN ATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA