1989-169-Approval Of Plans To Demolish, Rebuild And Add Onto An Existing Single-Family Residence In The R-1:8000 Zone And Modifying The Conditions Of ApprovalRESOLUTION NO: 1989 -169
RESOLUTION OF THE TOWN OF LOS GATOS GRANTING APPEALS
OF PLANNING COMMISSION DECISION GRANTING APPROVAL OF
PLANS TO DEMOLISH, REBUILD AND ADD ONTO AN EXISTING
SINGLE - FAMILY RESIDENCE IN THE R- 1:8000 ZONE AND
MODIFYING THE CONDITIONS OF APPROVAL
(16780 LOMA STREET - KENNETH HUESBY)
WHEREAS:
A. Gordon E. and Myra R. Stoufer and Victoria M. Wright have appealed a
decision of the Planning Commission as follows: granting the approval of plans to
demolish, rebuild and add onto an existing single - family residence in the R- 1:8000 zone on
property located at 16780 Loma Street and owned by Kenneth Huesby (Architecture and
Site Application 5- 89 -28); and
B. A public hearing was held by the Town Council on August 21, 1989.
BE IT RESOLVED:
A. The Town Council hereby finds that the Planning Commission erred by not
considering the privacy impact on neighbors of the sun deck above the dining room at the
rear of the structure and of the door from bedroom number three to the rear of the
proposed project.
B. The Town Council hereby further finds that the Applicant is willing to modify
the plans for the project to eliminate the sundeck above the dining room at the rear of the
structure and the door from bedroom number three to the rear.
C. The Town Council hereby further finds in accordance with Town Zoning
Ordinance Section 3.65.040 for approval of demolition that the project is maintaining the
existing housing stock and no architecturally or historically significant structures will be
removed.
D. The Town Council hereby further finds in accordance with Town Zoning
Ordinance Section 3.41.080 for approval of a major addition without required parking that
the addition is necessary to provide adequate floor area for a suitable living environment
since the existing structure is only 650 square feet and the addition is within the Floor Area
Ratio requirement and that the lot does not have adequate area to provide for a two car
garage without encroachment into the front setback and removing trees.
E. The Town Council hereby further finds in accordance with Town Zoning
Ordinance Section 3.50.140 that the proposed reduced setbacks are consistent with other
structures in the neighborhood.
F. Based on the foregoing findings, the Town Council hereby grants the appeals and
approves Architecture and Site Application S -89 -28 subject to the following modified
conditions:
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
1. A Tree Removal Permit must be obtained prior to issuance of a Building
Permit.
2. The sun deck shown above the dining room at the rear of the structure shall
be deleted and replaced with a pitched roof. The door from bedroom No,
3 to the rear shall also be removed.
TO THE SATISFACTION OF THE PARKS, FORESTRY & MAINTENANCE SERVICES:
3. Prior to any construction building permits being issued, the applicant shall
meet with the Director of Parks, Forestry and Maintenance Services
concerning the need for protective fencing around the existing trees. A plan
for such protective fencing demonstrating type and location shall be submitted
to the Planning and Maintenance Services. Such fencing is to be installed
prior to, and be maintained during, construction.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 5th day of September, 1989 by the following vote.
AYES: COUNCIL MEMBERS
NAYES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
SIGNED:
ATTEST:
CLERK OF THE TOWN OF OS GATOS
THOMAS J. FERRITO
ROBERT L. HAMILTON
BRENT N. VENTURA
MAYOR JOANNE BENJAMIN
NONE
NONE
ERI-G D. CARLSON
/ f
I2 OF THE TORN OAF' LOS GATOS