1998-109-Denying A Request For A Variance To Increase The Maximum Building Heights And Architecture And Site Approval To Construct A New Single Family Residence On Property In The HR 2 1/2 ZoneRESOLUTION 1998 - 109
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DENYING
APPEAL OF A DECISION FROM THE PLANNING COMMISSION DENYING A REQUEST
FOR A VARIANCE TO INCREASE THE MAXIMUM BUILDING HEIGHTS AND
ARCHITECTURE AND SITE
APPROVAL TO CONSTRUCT A NEW SINGLE FAMILY RESIDENCE ON
PROPERTY IN THE HR 2 1/2 ZONE
PROJECT APPLICATION: PRJ -97 -113
VARIANCE APPLICATION: VAR -98 -001
NATIVE DECLARATION: ND -97 -018
PROPERTY LOCATION: 19 HIGHLAND AVENUE
APPLICANT: ROBERT NEBOLON, ARCHITECT
PROPERTY OWNER/APPELLANT: ANGELO ORPHAN
WHEREAS:
A. This matter came before the Council for public hearing on June 1, 1998, on an appeal
by the property owner 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 Report dated May 20, 1998, concerning this application.
C. On April 22, 1998 the Planning Commission denied the request for a Variance and
Architecture and Site approval to build a 4,449 square foot, three -story house with an attached 880
square foot garage that is adjacent to a creels and located on a heavily wooded, hillside lot. The
height of the residence exceeds the 30 foot maximum height permitted by the HR -2 1/2 zone.
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D. The property owner is of the belief that the residence be considered a two story
building and the tower element is exempt from the 30 foot height requirement and has appealed the
decision of the Planning Commission.
E. The mass and scale of the proposed house is not appropriate for the steep, heavily
wooded site within the provisions of Town Code Section 29.20.150(4) and (6), which section
provides in pertinent part:
(4) Considerations relating to site layout. The orientation and
location of buildings and open spaces in relation to the physical
characteristics of the site ....
(6) Considerations relating to the exterior architectural design of
buildings and structures.... Consistency and compatibility shall be
encouraged in scale, massing, materials, color, texture, reflectivity,
openings and other details.
F. The Planning Commission decision was correct.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Project PRJ -97 -113, and
Variance Application VAR -98 -001 is therefore 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 forjudicial 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.
PA
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 6th day of July, 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: r�r
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
rJ
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA