1989-110-Denial Of Subdivision Application Requesting Approval Of A Two-Lot Subdivision And Variance Application Requesting Permission To Reduce Minimum Land Area Required For Each Dwelling Unit On 2.01 Acres Of Property In The HR-1 ZoneRESOLUTION NO: 1989 -110
RESOLUTION OF THE TOWN OF LOS GATOS DENYING
APPEAL OF PLANNING COMMISSION DENIAL OF
SUBDIVISION APPLICATION REQUESTING APPROVAL
OF A TWO -LOT SUBDIVISION AND VARIANCE APPLICATION
REQUESTING PERMISSION TO REDUCE MINIMUM LAND
AREA REQUIRED FOR EACH DWELLING UNIT ON 2.01
ACRES OF PROPERTY IN THE HR -1 ZONE
(16510 HARWOOD ROAD - FRED FALTERSACK)
WHEREAS:
1. Roger L. Maino, agent on behalf of Fred Faltersack, has appealed a decision
of the Planning Commission as follows: denial of Subdivision Application M -87 -9A and
Variance Application V -88 -4 requesting approval of a two lot subdivision and permission
to reduce minimum land area required for each dwelling unit on 2.01 acres of property in
the HR -1 zone on property located at 16510 Harwood Road and owned by Fred Faltersack;
and
2. A public hearing was held by the Town Council on December 5, 1988,
continued to February 21, 1989, continued to and held on March 20, 1989 and continued
to and held on May 1, 1989.
BE IT RESOLVED:
1. The Town Council hereby finds that no evidence or testimony was presented
that the Planning Commission decision denying the variance was in error.
2. The Town Council hereby further finds that the Council is not able to make
the findings legally required for the grant of a variance pursuant to Town Zoning Ordinance
Section 5.20.110.
3. The Town Council hereby further finds that the Planning Commission did not
have the benefit of the Council's interpretation of a slope density transfer in this particular
area that would allow the applicant to add property his and use all Alerche Drive
subdivisions in computing the slope density ratio for the area, however, there was no
evidence or testimony presented to the Planning Commission, at the time, that denying the
subdivision was in error.
4. The Town Council hereby further finds that the subdivisions along Alerche
Drive should be considered as a whole.
5. The Town Council hereby further finds that there is not a sufficient amount
of land within Town limits for applicant to effect a subdivision given the Town's required
slope density ratio.
6. The Town Council hereby further finds that the Council will allow the
application of slope density transfer, in this particular case, in order to permit the applicant
to add a sufficient amount of acreage to his property, and use all of the subdivisions on
Alerche Drive and the Masuda property, in computing the slope density ratio for this area
provided applicant obtains approval from the Local Agency Formation Commission
(LAFCO) to annex the property from the City of San Jose to the Town of Los Gatos.
7. The Town Council hereby further find that applicant may apply to the
Planning Commission for the subdivision without fee within sixteen (16) months from the
date of the adoption of this resolution.
8. Based on the foregoing, Subdivision Application M -87 -9A and Variance
Application V -88 -4 are hereby denied.
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.
2
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 5 day of June 1989 by the following vote.
AYES: COUNCIL MEMBERS Eric D. Carlson, Robert L. Hamilton
Mayor Joanne Benjamin
NOES: COUNCIL MEMBERS Brent N. Ventura, Thomas J. Ferrito.
ABSTAIN: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
SIGNED:
MAYOR OF THE TOWN OF, ,0S GATOS
F-119002&VIF
CLERK OF THE TOWN OF LOS GATOS
C