1998-179-Denying A Minor Residential Development Application To Construct A Second Story Addition To A Pre-19941 Single Family Residence On Property Zoned R-1DRESOLUTION 1998 - 179
RESOLUTION DENYING AN APPEAL OF A PLANNING COMMISSION DECISION
DENYING A MINOR RESIDENTIAL DEVELOPMENT APPLICATION TO CONSTRUCT
A SECOND STORY ADDITION TO A PRE -1941 SINGLE FAMILY RESIDENCE ON
PROPERTY ZONED R -ID
PROJECT APPLICATION: PRJ -98 -030.
PROPERTY LOCATION: 8 PENNSYLVANIA AVENUE
PROPERTY OWNER: PAUL DUFRESNE
APPELLANT: LESLIE A.G. DILL
WHEREAS:
A. This matter came before the Council for public hearing on October 19, 1998, on an
appeal by the applicant 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 applicant and all
interested persons who wished to testify or submit documents. The 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 Reports dated September 24, 1998, October 5, 1998 and
October 14, 1998, concerning this application.
C. On July 22, 1998 the Planning Commission first heard the application and continued
the matter to September 9, 1998. At the September 9 meeting the Planning Commission denied the
application pursuant to subsection (1)(b) of section 29.20.480 of the Town Code (the administrative
procedure for minor residential applications), which provides that the review of such projects shall
use the Town's Development Standards. The applicable Development Standards in this case are the
Town of Los Gatos Residential Development Standards for All Single Family and Town Family
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Dwellings In All Zones Except the Resource Conservation And Hillside Residential Zones and the
Los Gatos Residential Design Guidelines for Pre -1941 Structures. Applying these Standards, the
Commission determined that the proposed design would not be compatible and harmonious with the
surrounding neighborhood in mass and scale because the majority of the structures in the vicinity of
the site are either single -story or multi -story with additions designed to maintain the single -story
streetscape by limiting height impacts, that the proposed addition to the existing house is too large
with respect to the original structure and set in the front, the most conspicuous place, that the mass
and scale of the proposed design was too large relative to surrounding structures, and that the
applicant failed to adequately explain why a single -story design would not work.
D. An appeal was filed by the applicant's architect, Leslie Dill, appealing the Planning
Commission's decision because of the belief that the Commission did not rely on Town ordinances,
regulations and standards in the decision making process.
E. The Planning Commission decision was correct.
RESOLVED:
1. The appeal of the decision of the Planning Commission is therefore denied and the
decision of the Planning Commission is upheld.
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 or federal law.
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PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 2nd day of November, 1998 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins,
Mayor Linda Lubeck.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: Zzr
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:{
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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