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1990-169-Approving A Request For A Second-Story Addition On Property Located In The R-1:8000 ZoneRESOLUTION 1990 -196 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING APPEAL OF PLANNING COMMISSION DECISION TO DENY AN APPEAL OF A DECISION OF THE PLANNING DIRECTOR IN APPROVING A REQUEST FOR A SECOND -STORY ADDITION ON PROPERTY LOCATED IN THE R- 1:8000 ZONE (16578 SHADY VIEW LANE - EDWARD AND D. JUNE MESERVE) WHEREAS: A. Alan L. Tanenbaum, John R. Mittelstet, Sharon L. Mittelstet, and Milton P. McLeod have appealed a decision of the Planning Commission as follows: denying an appeal of a decision of the Planning Director in approving a request for a second -story addition to an existing single - family residence in the R- 1:8000 zone on property located at 16578 Shady View Lane (Second Story Addition Application X- 90 -28); and B. A public hearing was held on August 20, 1990 and the matter was continued to September 4, 1990. BE IT RESOLVED: A. The Town Council hereby finds that the Planning Commission failed to address the privacy issue and that the applicant is willing to accept certain conditions to lessen the impact of the second story addition on adjacent property. B. The Town Council hereby further finds that elimination of the deck will protect the privacy of adjoining property owners. C. The Town Council hereby further finds that storage area may be added subject to the review and approval of staff in that the additional area is not excessive or overly massive. D. Based on the foregoing findings, the Town Council hereby grants both appeals and grants Second Story Addition Application X -90 -28 subject to the following conditions: TO THE SATISFACTION OF THE PLANNING DIRECTOR: 1. Reduce height by two inches and in accordance with agreement between applicants and appellant Tanenbaum as follows: second story addition to be no higher than 4 feet 6 inches higher than the front porch floor level of the property to the east with the exception of a narrow roof peak and chimney which may extend several inches higher but will not extend more than four or five inches wide as viewed from the property to the east. 2. No lights shall be placed on the rear of the structure. 3. Opaque glass shall be used on windows that provide an unobstructed view of the rear yard of the property to the east. 4. No deck shall be constructed. 5. Storage area shall be allowed subject to the review and approval of the Planning Director. 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. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 17th day of September, 1990 by the following vote. COUNCIL MEMBERS: AYES: Mayor Thomas J. Ferrito, Robert L. Hamilton, Brent N. Ventura, Eric D. Carlson, Joanne Benjamin NAYS: None ABSENT: None ABSTAIN: None r f SIGNED: ? MAYOR OF �'E TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST CLERK OF' HE-"TOWN OF LOS GATOS LOS GATOS, CALIFORNIA a: \cnclrpts \meserve.tcr