1994-036-Denial Of An Application To Add A Second Story And Exceed The Floor Area Ration On Property In The R-1D-LHP ZoneRESOLUTION 1994 -36
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
GRANTING AN APPEAL OF PLANNING COMMISSION DENIAL OF AN
APPLICATION TO ADD A SECOND STORY AND EXCEED THE FLOOR
AREA RATIO ON PROPERTY IN THE R- 1D -LHP ZONE, ARCHITECTURE
AND SITE APPLICATION S -93 -33
(PROPERTY LOCATION: 71 BROADWAY /OWNER: GARY EHLERT
APPLICANT: E. GARY SCHLOH)
RESOLVED BY THE TOWN COUNCIL:
WHEREAS, Town Code § 29.40.075 allows the Town to approve a Floor Area Ratio
(FAR) in excess of the FAR calculated by formula for specific property if certain findings
are made by the deciding body, and
WHEREAS, the Applicant has requested the Town to approve an addition that
would involve some 516 square feet more than the 1,941 square feet that would be
permitted under the FAR formula, and
WHEREAS, at a duly noticed public hearing, the Council received testimony and
written submittals from a number of neighbors as well as the Applicant, and the Council
has considered the recommendations and discussions of the Development Review
Committee and the Planning Commission, and
WHEREAS, the property is located in the Broadway area, which contains a variety
of uses from commercial to churches to duplexes to apartments, and from single -story to
two -story homes, and
WHEREAS, the consistent theme of Broadway is its inconsistency, and
WHEREAS, a landmark and historic preservation overlay zone applies to this
property, and
WHEREAS, the Historic Preservation Committee has reviewed the application and
recommended approval subject to the proposed conditions so that the addition and
additional square footage would not adversely affect the architectural design or historic
integrity of the existing structure, and
WHEREAS, the property contains a secondary unit that is included in the FAR
calculation, and
WHEREAS, the proposed addition is modest, and does not result in addition of
bedrooms but only kitchen and dining room areas, and
WHEREAS, the addition is not obtrusive, will not work a hardship on neighbors, and
will not adversely affect the streetscape, and
WHEREAS, disapproval of this application in light of adjacent uses would elevate
form over substance, and
WHEREAS, the applicant has shown that the view from the adjacent property will
not be adversely affected by the addition, and
WHEREAS, the neighbors are generally supportive of the application as a good
project, and
WHEREAS, the integration of the design theme, exterior materials, details, and
sense of scale are consistent with the Broadway Historic Zone, and
WHEREAS, the testimony of the Applicant and the neighbors and personal
observations show that the structure with the proposed addition would be compatible and
harmonious with the existing neighborhood, and consistent with existing, neighboring
structures.
WHEREAS, the Planning Commission erred in not finding that the proposed addition
would be harmonious and compatible with the neighborhood and surrounding structures,
and
WHEREAS, the FAR is a guideline to be applied on a case -by -case basis with
balancing of social goals and recognition of the need for livability and compatibility among
uses,
NOW, THEREFORE, IT IS DETERMINED AS FOLLOWS:
1. The appeal of the Applicant from the Planning Commission decision to deny
Applicant's request to exceed the allowable floor area for a residence and to add additional
floor area as the second floor of the property at 71 Broadway is granted.
2. Applicant will be permitted to add up to 776 square feet to the existing structure
in the form of an addition so long as the addition conforms to the conditions attached as
Exhibit A hereto and to the design recommended for approval by the Historic Preservation
Committee and submitted to the Council.
3. This decision does not and shall not establish any precedent for permitting the
exceeding of floor area ratios in this neighborhood nor any other, and the Town shall
continue to examine each such request on a specific site - and - design basis under the Town
Code.
SHARE \EHLERT.RES 2
4. The Town of Los Gatos has adopted the provisions of Code of Civil Procedure
§ 1094.6, so any challenge to this decision of the Council must be filed in a court of
appropriate jurisdiction no more than ninety (90) days from the date of adoption of this
Resolution unless a shorter time is required by State law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 22nd day of February, 1994 by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck,
Patrick O'Laughlin and Mayor Attaway.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: ok
OR F THE TOW LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
Z,(�� "
CLERK OF THE TOWN OF/ I OS � GATOS
LOS GATOS, CALIFORNIA
9
EXHIBIT A
CONDITIONS OF APPROVAL
S -93 -33/71 BROADWAY
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(Planning Section)
1. All conditions of this application shall be included on the cover sheet of the Building
Permit plans
2. All conditions of the Historic Preservation Committee shall be met as follows:
a. The siding shall match the existing siding.
b. Windows shall be four lites to match existing.
C. Real wood framed windows shall be used.
d. The exterior of the chimney shall be metal or brick veneer.
e. The columns shall be square with minimum detailing.
L The double french doors shall be five lite and shall be consistent throughout
the exterior of the house.
g. The bifold doors may have single horizontal rail in lieu of divided lites.
(Engineering Section)
3. A well information questionnaire (available through Counter Technician) shall be
completed.
TO THE SATISFACTION OF THE DIRECTOR OF BUILDING & ENGINEERING
SERVICES:
4. Any sections of curb, gutter, and sidewalk along the frontage of this property that
are currently broken or raised, or any sections damaged during construction shall be
replaced.
5. All work in the public right -of -way will require a Construction Encroachment Permit.
6. Any existing sanitary sewer lateral proposed for reuse shall be televised and
approved by West Valley Sanitation District.
7. A sanitary sewer lateral clean -out shall be installed at the property line.