1994-069-Deny A Building Permit Application To Expand The Floor Area Of A Preexisting Secondary Dwelling Unit In The R-1D-LHP ZoneRESOLUTION 1994 -69
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DENYING APPEAL OF PLANNING COMMISSION TO DENY APPEAL OF
DECISION OF THE TOWN PLANNING DIRECTOR TO DENY A BUILDING
PERMIT APPLICATION TO EXPAND THE FLOOR AREA OF A PREEXISTING
SECONDARY DWELLING UNIT IN THE R- 1D -LHP ZONE,
ARCHITECTURAL & SITE APPLICATION 5 -94 -9
(PROPERTY ADDRESS: 218 MASSOL AVENUE /APPLICANT: HUTCHINS
FAMILY PARTNERSHIP, L.P.)
WHEREAS:
A. This matter came before the Council on appeal by the applicant from a
decision of the Planning Commission and was regularly noticed in conformance with State
and Town law.
B. In October, 1985, the Town approved Secondary Dwelling Unit Application
D -85 -38 to legalize a preexisting detached secondary dwelling unit at 218 Massol Avenue.
C. The applicant seeks to have the Town allow an area of the detached structure
to be used or converted as living area that appears to have been historically used as storage
or shop space.
D. The lot area involved is only 7,100 square feet, far smaller than the 15,000
square feet required by the Town Code for a new secondary dwelling unit, so a new
secondary dwelling unit would not be allowed.
E. The question presented is one of land use, and not a matter of reconciling
what may have been said by the broker or seller of the property or who the owner might
be.
F. Adequate living area exists in the secondary dwelling unit as it could be used
under the Planning Commission's decision.
G. Expansion of the living area into the shop /storage area would encourage and
facilitate an intensification of use and would not be appropriate.
H. As noted by the Planning Commission, interpreting the Zoning Code to allow
expansion of secondary dwelling units so long as the expansion remained within the same
structure would create difficult administrative problems in future applications.
I. When the ordinance providing for approval of preexisting secondary units was
adopted, the Town assured residents that these approvals would be conditioned on not
allowing expansion of the preexisting units.
J. Approval of a preexisting dwelling unit is intended to encompass only the use
in existence at the time of the approval and not the potential for use.
K. The rules and regulations of the Zoning Code are established for these specific
purposes.
L. These rules and regulations cannot be interpreted to create exceptions and
establish precedents for future exceptions. If these rules and regulations are not lived by,
everyone will expect an exception.
M. These rules and limitations must be interpreted in a consistent manner in
order to be fair to all.
N. The storage /shop area was not approved for living area in the 1985 approval.
O. It does not appear that the Planning Commission erred in denying the appeal
and their decision is well thought -out.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Architectural and
Site Application 5 -94 -9 is 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.
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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 16th day of May, 1994 by the following vote.
COUNCIL MEMBERS:
AYES: Steven Blanton, Linda Lubeck, Patrick O'Laughlin, Mayor Randy Attaway
NAYS: None
ABSENT: Joanne Benjamin
ABSTAIN: None
SIGNED:
MAYOR HE TOWN O OS GATOS
LOS GA S, CALIFORN
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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