1994-019-Approved Application For An Addition To A Single Family Residence Which Was Demolished Without Approval On Property Zoned R-1D-LHPRESOLUTION 1994 -19
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
GRANTING APPEAL OF PLANNING COMMISSION APPROVAL OF
A MODIFICATION TO A PREVIOUSLY APPROVED APPLICATION FOR
AN ADDITION TO A SINGLE FAMILY RESIDENCE WHICH WAS
DEMOLISHED WITHOUT APPROVAL ON PROPERTY ZONED R- iD -LHP
ARCHITECTURE AND SITE APPLICATION S- 85 -63B
(PROPERTY ADDRESS: 93 BROADWAY PROPERTY/
OWNER: LYNN BRANDHORST /APPELLANT: BRENT VENTURA)
RESOLVED BY THE TOWN COUNCIL:
WHEREAS, this matter came before the Town Council on appeal from the approval
by the Planning Commission of a modification to a previously approved application for an
addition, because the single family home had been demolished without Town approval, and
WHEREAS, the Property Owner has requested the Town to approve the modification
in order for him to complete the project in substantial conformance with the previous
approval, and
WHEREAS, the Appellant requested the Council to refer the matter to the Historic
Preservation Committee for review and consideration of historic changes in light of the
demolition, and
WHEREAS, after public hearing on January 3, 1994, at which time all interested
persons were heard and documentation received, the Town Council referred the application
to the Historic Preservation Committee for comment and review, and
WHEREAS, the Historic Preservation Committee has completed that review and
provided its recommendations to the Council, and
WHEREAS, the Council accepts the recommendations of the Historic Preservation
Committee, with modifications to conditions of approval regarding the windows on the
west elevation and the possibility of a door on the north elevation, and
WHEREAS, it appears that the Planning Commission erred in not giving adequate
consideration to the fact that the house was demolished without permit and that it therefore
should have started from the beginning of the process including full Historic Preservation
Committee review,
NOW, THEREFORE, IT IS DETERMINED AS FOLLOWS:
1. The appeal of the Appellant from the Planning Commission decision to approve
a modification to a previously approved application for an addition to a single family
residence is granted.
2. The Property Owner's application for approval of a modification to his previously
approved application for an addition to a single family residence is approved subject to the
conditions attached hereto as Exhibit A.
3. This decision does not and shall not establish any precedent for review or
sanction of unapproved demolitions or of modifications to approvals for work on historic
buildings. The Town reaffirms its strong disapproval of un- approved demolitions or
construction.
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 7th day of February, 1994 by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Linda Lubeck, Patrick O'Laughlin
Mayor Randy Attaway
NAYS: Steven Blanton
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR THE TOW F LOS GATOS
LOS GAT S. CALIFOR
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATN'Y014 \CNCLRPTS \SROADWAY.RES 2
EXHIBIT A
CONDITIONS OF APPROVAL
S- 85- 6313/93 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. The residence shall be pre - plumbed for solar hot water heating.
3. The windows shall have true wood mullions.
4. New retaining walls or faces of walls are to match material and mortar material of
existing walls.
5. All chimneys shall be constructed of brick veneer. The exterior chimney shall be
sloped from the front to the back.
6. Revised plans shall be approved prior to the issuance of a building permit and the
changes shall be incorporated in the building permit plans pertaining to the
following:
a. Trim banding shall be provided to match the trim detailing and the banding
under the eaves on the front elevation and shall include fish scale shingles
above the trim. The doors shall be narrower to elongate the proportion. The
doors can be 2'6" or 2'8" in width so that the bulk of the trim fits under the
eave trim. The doors shall be true divided lite and the proportion of the lites
shall be vertical.
b. The house shall meet all setback requirements.
C. The lower bay window at the north elevation shall be identical to the existing
upper bay. The windows shall be double hung, the proportions, materials and
location of the panels shall match the existing bay.
d. The applicant may work with the Planning Department for approval of a
lower door on the north elevation.
e. The garage door shall either be a paneled faux carriage door with transom
windows or shall have horizontal siding to match the house with no windows.
ATNY014 \CNCLRPTS \BR0ADWAY.RrS 1 EXHIBIT A
L The west elevation shall have two real double hung windows to match what
previously existed since it is an historic element of the house that existed and
the other matching houses on the street. These windows may be opaque or
may be of such other materials as to ensure the privacy of both the
homeowner and neighbors.
g. The porch on the east elevation shall be made of wood. The door to the
porch shall match the original door and shall be Victorian in character.
h. The historic stone wall at the street shall remain the same from the street
side, excluding the portion to be removed for the driveway.
The siding shall match the existing front facade in terms of size, depth, width,
material, pattern cut or bevel, angle, slope, type and width or depth of cut,
if any. All wood siding material shall be real wood and not a composite or
fabricated wood product.
j. Final elevations, meeting these conditions, shall be subject to review by the
Historic Preservation Committee. The Historic Preservation Committee shall
hold a special meeting to meet the financial time constraints of the applicant
if needed and if it is possible.
(Engineering Section)
Final grading, drainage, driveway, and sanitary sewer plans shall be submitted to the
Planning Department's Development Section.
8. A Grading Permit will be required for the construction of the driveway and drainage
facilities.
TO THE SATISFACTION OF THE DIRECTOR OF BUILDING AND ENGINEERING
SERVICES:
9. 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.
10. All work in the public right -of -way will require a Construction Encroachment Permit.
11. A well information questionnaire (available through the Counter Technician) shall
be completed.
12. A new sanitary sewer lateral with a property line clean -out shall be installed.
ATNY014 \CNCLRPTS \BR0ADWAY.RES 2 EXHIBIT A
13. Plans for a new residence meeting the conditions of this application and other
applicable building requirements shall be submitted for a building permit by March
1, 1994.
14. A performance bond for the full value of the reconstruction shall be submitted to
the Town prior to the issuance of the building permit.
15. Replication construction shall be completed by October 1, 1994.
16. The contractor shall submit a written signed statement declaring that the contractor
will diligently follow Contractors License Laws and not perform work without
appropriate approvals.
17. The sewer lateral shall be relocated within property boundaries.
18. The residence shall be designed to include the following features:
a. Light switches and thermostat controls shall be mounted between 36 inches
and 48 inches from the floor to the center of the unit, electrical receptacle
outlets shall be mounted no lower than 14 inches from floor to center of
outlet.
b. Wooden backing (2 inch x 8 inch minimum) shall be provided in all bathroom
walls at water closet, shower and bathtub, located at 34 inches from the floor
to the center of the backing, suitable for the addition of grab bars.
C. Faucets and shower controls shall be operable with one hand and shall not
require tight grasping, pinching or twisting of the wrist. The force required
to activate controls shall be no greater than 5 lbs. Lever- operated, push -
type and electronically controlled mechanisms are examples of acceptable
designs. Separate hot and cold controls are acceptable providing they require
a minimal amount of grasping to operate.
d. Door buzzer, bell or chime shall be "hard" wired
e. At least one bathroom (lavatory sink and water closet minimum) shall be
provided on the accessible floor with a passage door at least 32- inches wide
and space requirements for accessibility (36 in. x 48 in. clear space for water
closet, 30 in. x 48 in. clear space for lavatory sink). If a bathtub is installed
on the accessible floor, a 30 in. x 48 in. clear space (30 inches Dimension
perpendicular to tub) shall be provided.
ATNY014 \CNCLRM, \BROADWAY.RES 3 EXHIBIT A
f. Exit doors accessing the rear yard shall have a 36 -inch wide door including:
a 5 -foot by 5 -foot level landing, 18 -inch clearance at interior strike edge, and
the threshold shall be no higher than one inch with 1:3 minimum bevel (as
specified in the HCD standards) except that the required landing adjacent to
the sliding glass doors shall be flush with the bottom of the threshold of that
door and that the threshold shall be no higher than one and one -half inches.
ATNY014 \CNCLRPTS \BROADWAY.RES 4 EXHIBIT A