1995-124-Denying A Request For Reduction Of A Sideyard Setback From Five To Three Feet In Order To Construct As Accessory Garage Structure On Property In The R-1D Zone Minor Residential Application X-95-9RESOLUTION 1995 - 124
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DENYING APPEAL OF PLANNING COMMISSION DECISION TO DENY AN APPEAL
OF A DECISION OF THE PLANNING DIRECTOR DENYING A REQUEST FOR
REDUCTION OF A SIDEYARD SETBACK FROM FIVE TO THREE FEET IN ORDER
TO CONSTRUCT AN ACCESSORY GARAGE STRUCTURE
ON PROPERTY IN THE R -11) ZONE
MINOR RESIDENTIAL APPLICATION X -95 -9.
PROPERTY LOCATED AT 227 LOS GATOS BOULEVARD.
PROPERTY OWNERS: KITURAH HUMPHREY AND HENRY FAHRI.
WHEREAS:
A. This matter came before the Council for public hearing on August 7, 1995, on
an appeal by the property owners 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
owners 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 and documents attached to the Council Agenda
Reports dated July 11 and August 7, 1995, concerning this application.
C. Town of Los Gatos Town Code § 29.20.300 requires that any decision to
reverse or modify a decision of the Planning Commission requires the vote of at least three
Councilmembers.
D. The property owners requested the matter be continued from July 17, 1995, so
that they could attend the public hearing, and the matter was continued to August 7, 1995.
E. The proposed garage should be placed toward the back of the lot to reduce the
mass and scale of the structures on the property.
F. Placing the garage toward the front of the property may cause on- street parking
because the driveway length will be reduced.
G. While the denial may cause the property owners difficulties, the property is
located in an area containing historic homes so that there must be tradeoffs, and the proposed
garage location would not fit into the neighborhood.
H. A narrow sideyard may create maintenance difficulties because of difficult
access and visibility.
I. There appear to be viable alternative to provide a safe play area for children,
such as fencing.
J. The Council appreciates the property owners' concerns, but finds that the denial
of the application by the Planning Commission and the Planning Director was correct.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Conditional Use Permit
Application X -95 -9 is therefore denied.
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 5th 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:
MAYOR OF THE TOW OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF L GATOS
LOS GATOS, CALIFORNIA