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1990-090-Approval Of Plans To Construct A Single-Family ResidenceRESOLUTION 1990 -90 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING APPEAL OF PLANNING COMMISSION DECISION GRANTING APPROVAL OF PLANS TO CONSTRUCT A SINGLE - FAMILY RESIDENCE, TO DEMOLISH AND CONSTRUCT A NEW SECONDARY DWELLING UNIT, AND TO DEMOLISH AND CONSTRUCT A NEW GARAGE AND MODIFYING SAID APPROVAL (205 JOHNSON AVENUE - PHIL BRANON AND DAVE FLICK) WHEREAS: A. Kathryn Morgan has appealed a decision of the Planning Commission as follows: approval of plans to construct a single - family residence, to demolish and construct a new secondary dwelling unit, and to demolish and construct a new garage on property located at 205 Johnson Avenue, owned by Phil Branon and applied for by Phil Branon and Dave Flick (Architecture and Site Application S- 90 -5); and B. A public hearing was held by the Town Council on April 16, 1990 and continued to and held on April 17, 1990. BE IT RESOLVED: A. The Town Council hereby finds that the Planning Commission erred by approving an application that exceed the Floor Area Ratio Guidelines for this particular neighborhood. B. The Town Council hereby further finds that the Planning Commission did not have the testimony of one of the adjacent property owner inasmuch as that individual was a recent property owner who was not listed on the last equalized assessment roll. C. The Town Council hereby further makes the findings required by Zoning Ordinance Section 3.65.040 for the granting of a demolition permit as follows: 1. The housing stock will be maintained because it will be replaced; 2. The building to be demolished is not historically or architecturally significant; 3. The owner has requested permission to demolish the structure and does not wish to maintain it as it is; and 4. The economic utility of the structure in its present condition has been severely compromised. D. The Town Council hereby further makes the findings required by Zoning Ordinance Section 3.50.140 for non - conforming lots in that the proposed structure is compatible with the neighborhood because a number of nearby structures are similar. E. The Town Council hereby further finds that the applicant has eliminated the secondary dwelling unit, thus reducing the total living area to 2267 square feet so as to meet the Floor Area Ratio Guidelines. F. The Town Council hereby further finds that the applicants have addressed the privacy concerns of the adjacent neighbor by agreeing to certain conditions related to obscuring the view from the subject property. G. Based on the foregoing findings, the appeal is granted and Architecture and Site Application S -90 -5 is granted as modified and subject to the following conditions: TO THE SATISFACTION OF THE PLANNING DIRECTOR: 1. The residence shall be pre - plumbed for solar hot water heating. 2. A Tree Removal Permit shall be obtained prior to the issuance of a Building Permit. 3. Revised plans will be submitted to show the elimination of the secondary unit which reduces total square footage to 2,267 sq. ft. so project is within the FAR. TO THE SATISFACTION OF THE TOWN ENGINEER: 4. Final, grading, drainage, masonry retaining wall, driveway, utility and public alley roadway improvement plans shall be provided. 5. The existing curb and gutter, sidewalk, and driveway apron on Johnson Avenue shall be replaced where cracked, deteriorated or vertically displaced. 6. Any work in the public right -of -way will require an Encroachment Permit. 7. The applicant shall sign a five -year Tree Maintenance Agreement with the Town. 8. All documents, contracts, bonds, insurance, as applicable, shall be provided prior to recordation of any final map or issuance of any permits. 9. Horizontal and vertical controls shall be set and certified by a licensed surveyor or a registered civil engineer for the following items: a. Pad elevation b. Finish floor elevation c. Foundation corner locations TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY & MAINTENANCE SERVICES: 10. Newly planted trees shall be double- staked, using rubber tree ties and shall be planted prior to occupancy. 11. Prior to any Construction or 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 Director after being approved by the Director Parks, Forestry and Maintenance Services. Such fencing is to be installed prior to, and be maintained during, construction. 12. Peter Taylor to choose location of four trees to be planted along fence between 205 and 207 Johnson Avenue. TO THE SATISFACTION OF THE DIRECTOR OF BUILDING SERVICES: 13. The residence shall be designed to include the following features: a. Wheelchair reachable light switches, thermostat controls and electrical outlets. b. Door handles rather than knobs. c. Wooden backing in bathroom walls to allow structural strength for addition of grab bars by the occupants. d. Faucets and shower controls operable with one hand requiring a minimal amount of grasping with exceptio of those used on vanity faucets. e. All doors at least 32 in. wide. L Two outside door thresholds no higher than , in. above landings. Landings to be a least five feet by five feet. K, 14. The following items are required to preserve the privacy of the neighbor at 207 Johnson Avenue: a. Opaque glass in Master Bath window; b. Beveled, leaded, distorted glass awning window on east side of Master Bedroom; c. Remove picture window center from combination double hung window on north side of Master Bedroom; d. Provide plantation shutters on interior window on north side of Master Bedroom; e. Install 1'6" - 3'0" horizontal awning window over tub in Main Bath (facing north); PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 7th day of May, 1990, by the following vote. COUNCIL MEMBERS: AYES: Joanne Benjamin, Eric D. Carlson, Robert L. Hamilton, Brent N. Ventura Mayor Thomas J. Ferrito NAYS: None ABSENT: None ABSTAIN: None SIGNED: JYOR OF 4 VTO---- OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA aty.Acnclrpts \flick.tcr 0