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1988-094-Denial Of Exception To The Development Standards Of The Zoning Ordinance To Permit The Expansion In Floor Area Of Two Secondary Dwelling Units In The R-1D-LHP ZoneRESOLUTION NO: 1988 -94 RESOLUTION DENYING APPEAL OF PLANNING COMMISSION DENIAL OF EXCEPTION TO THE DEVELOPMENT STANDARDS OF THE ZONING ORDINANCE TO PERMIT THE EXPANSION IN FLOOR AREA OF TWO SECONDARY DWELLING UNITS IN THE R -1D -LHP ZONE (213 EDELEN AVENUE - LEE KAVANAUGH) WHEREAS: A. Randall D. Reedy, counsel on behalf of Lee Kavanaugh, has appealed a decision of the Planning Commission as follows: denial of an exception to the Development Standards of the Zoning Ordinance to permit the expansion in floor area of two secondary dwelling units in the R -1D -LHP Zone on property located at 213 Edelen Avenue and owned by Lee Kavanaugh (Variance Application V- 88 -1); and B. A public hearing was held by the Town Council on May 2, 1988. BE IT RESOLVED: A. The Town Council hereby finds that the Planning Commission did not err in denying Variance Application V -88 -1 because granting the variance would be a grant of special privilege because expansion of the secondary dwelling unit was done without a permit. B. The Town Council hereby further finds that the expansion was increased beyond the minimal expansion allowed for secondary dwelling units of thirty square feet by Zoning Ordinance Section 3.97.120. The intent of the limited expansion set forth in Section 3.97.120 allows only for correction of health and safety measures. C. Based on the foregoing, the appeal is hereby denied and Variance Application V -88 -1 is hereby denied. Architecture and Site Application S- 87-57 which was joined with this application remains as approved by the Planning Commission with the following conditions: 1. The code violations on the property shall be abated by restoring the Secondary Units to their original size prior to the issuance of a Building Permit for the remodeling and expansion of the single family residence. 2. The Historic Preservation Committee shall review and approve the current plans prior to issuance of a Building Permit. 3. Final occupancy of the single family residence shall not be granted until a Secondary Unit Permit has been obtained. 4. A minimum of four 15- gallon Town approved trees shall be planted on the property. 5. A two -year tree maintenance agreement shall be entered into for the protection of existing and newly planted trees. 6. Any work in the public right -of -way will require an encroachment permit. %. The deteriorated driveway apron shall be replaced. 8. The excess excavated material required for the expansion of the basement shall be hauled off the site. 9. Plans be revised to comply with the rendering showing the pitch breaking as it starts over the roof. Pursuant to Los Gatos Town Code Section 1 -15, the time for seeking judicial review for the Town Council decision is governed by California Code of Civil Procedure Section 1094.6. CM 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 , 1988 by the following vote. AYES: COUNCIL MEMBERS Joanne Benjamin, Thomas J. Ferrito Robert L. Hamilton, Brent N Ventura and Mayor Eric D. Carlson NOES: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None SIGNED: MAYOR OFF THE TOWN OF LOS GATOS ATTEST: CLERK OF THE TOWN OF LOS GAT x'.10