1995-130-Appeal Of Yje Planning Commission Decision Upholding A Decision Of The Planning Director That An Architecture And Site Application Is Required To Reconstruct A Patio Cover On Property Zoned C-2 LHPRESOLUTION 1995 - 130
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING
AN APPEAL OF A PLANNING COMMISSION DECISION UPHOLDING A DECISION
OF THE PLANNING DIRECTOR THAT AN ARCHITECTURE AND SITE
APPLICATION IS REQUIRED TO RECONSTRUCT A PATIO COVER ON PROPERTY
ZONED C -2 LHP
PROPERTY ADDRESS: 104 UNIVERSITY AVENUE
PROPERTY OWNER: BERT MILLEN
WHEREAS:
A. This matter came before the Council for public hearing on October 17, 1994, 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 property owner
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 attached to the Council Agenda Reports dated September 5, 1995,
concerning this appeal.
C. This decision constitutes a matter of first interpretation as applied to a particular
repair project and is a close call.
D. The work done by the property owner was limited to replacing a patio cover with
one of the same dimension, elevation, and scale, because of storm damage. The only noticeable
difference was the material used for the cover.
E. The work was promptly completed and cost a nominal amount, and no attempt was
made to expand the work. The work does not adversely affect the preexisting character of the
building.
F. The Planning Director and the Planning Commission strictly applied the Zoning
Code to the situation as they are expected to do.
G. Ultimate authority to interpret specific provisions of the Zoning Code is vested in
the Council, and the Commission does not have that full discretion.
H. Prior to adoption of this resolution, the Council required and received a report from
the Building Official as contained in Exhibit A hereto verifying that the resulting structure
generally appeared to be safe, but that two corrective steps were required to bring the structure
into compliance with the Town's Building Standards.
RESOLVED:
1. The appeal of the decision of the Planning Commission is granted and no
architecture and site application shall be required prior to issuance of the building permits or final
approval necessary to reconstruct the patio cover.
2. This approval is specifically conditioned on the completion of the 2 corrective items
specified in Exhibit A hereto within thirty (30) days of the adoption of this resolution.
3. This decision is limited to the specific facts involved in this matter and as
specifically set forth in this resolution. The Town shall continue to examine any similar request
on a specific site, design, and use basis under the Town Code and Town policies.
This 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.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 18th day of September, 1995 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck,
Mayor Patrick O'Laughlin
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: a'�`^tl'v �
MAYOR OF THE TO N OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST: j
CLERK OF THE TOWN OF i. S GATOS
LOS GATOS, CALIFORNIA
2
September 12, 1995
TOWN OF LOS GATOS
CmC CEO
BUILDING AND ENGINEERING SERVICES 110 E. o
(408) 354 -6864
P.O. Box x 49
9 949
FAX (408) 354 -8431 Los GAtos, CA 95031
Mr. and Mrs. Bert D. Millen
18364 Oak Drive
Monte Sereno, CA 95030
SUBJECT: CORRECTION NOTICE FOR RE -BUILD OF OVERHANG ROOF AT 104
UNIVERSITY AVENUE, STE. A (PERMIT #B95- 000039)
Dear Mr. and Mrs. Millen:
This letter is in response to a request from Scott Baker, Director of Building and Engineering
Services, to provide information toward the completion of the work undertaken on your Building
Permit B95- 000039. First of all, thank you for your quick compliance with my request of January 27,
1995, that a building permit be obtained to cover work undertaken at 104 University Avenue.
Secondly, the Building Department would very much like to issue a final once the following
conditions have been met:
a. The micro -lam beam that has been used for support is not an approved wood
of natural resistance to decay. Since this beam is exposed to the weather it
should be treated (painted) for weather proofing (UBC Sec. 2516(c)8 & 11).
b. The rafters that rest on the outside beam have only toe nailed connection to
the beam. Since uplift is a concern and this point of connection would have
been addressed in a plan check process that did not occur, the remedy would
be to install Simpson H2.5 seismic clips. These clips should be installed with
tico nails to fasten every other roof rafter to the beam.
I believe that you will find these corrections to be expedient and inexpensive to complete and they
will satisfy the Building Department's criteria toward a final inspection. If further information is
requested, please contact me at 354 -6861 at your discretion. If you would like to schedule a final
inspection for the completed work, please call 354 -6877.
Sincerely,
John Munoz
Building Inspector
JM:cher C
cc: Scott R. Baker, Director of Building and Engineering Services EXHIBIT A
N' \ME�CHERJ MEfTERSM ILLEN
bcc: Lee E. Bow an INCORPORATEDAuGusT 10,1887 ;M