Attachment 29Sally Zarnowitz
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Sally,
Lisa Schirmer <schirmerfamily@ yahoo .com >
Tuesday, June 06 , 2017 4:49 PM
Sally Zarnowitz
Ross project on Bella Vista
I am writing to you regarding the Ross project that is being discussed tonight at the Town Council. I was appalled to hear
that this poor family has been working for 10 years to build their home in compliance and with no variables on their lots
on Bella Vista. No plan will ever make every homeowner happy, but that is the risk you take when you buy a home w ith
empty lots near it.
I feel that this wonderful Los Gatos family has been unfairly treated by the Town and thus needs to stop tonight. They
need to be able to get on with their lives and build their home.
Thank you.
Lisa Schirmer
Sent from my iPhone
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John McCool
208 Vi sta del Mar
Los Gatos, CA 95030
Augu st 8, 2017
Town Council
110 E. M ai n Street
Los Gatos, CA 95030
Subject: 339-341 Bella Vista Avenue
Dear Town Council :
I am a long-time resident of our town, and I am writing to request your approval for the Ross 's plans
to develop 339 -341 Bella Vista Avenue at the upcoming Augu st council meeting. Your approval will
support the rights of town property owners like myself. A vote again st this proposal denies the
rights of property owners and puts the ta xpayers at furth er ri sk of funding the town's litigati o n
e xpenses .
The recent court decision regarding the North 40 demonstrated the risk of denying development
ba sed on subjective c r iteri a such as "m ass and scale". The Housing Accountability Act (HAA) call s for
local governments to approve a project that compl ies with applicable land u se plans and zoning
unless the project would have "specific adverse impacts" as defined under the statute. As a
property owner and re s ident, I would expect the council to approve my development plans should I
meet all the requirements laid forth by the town . That clearly has not been the case for the Ross 's
plans for 339 and 341 Bella Vista Avenue .
At the last council review, town staff confirmed the Ross 's proposal met all the technical
sp ecifications for the town, meaning al l objective measures have been satisfied . Further, the
planning commission and council's actions demon strate a history of subjective and arbitrary
decisions that impact the property owners . First, the two lots were placed under hillside re strictions
after their purchase at the exclusion of any other adjacent properties on this slope. Second, the
sel e ctive approach to zoning options was further demonstrated during the December 2016 meeting.
In that session, Council member Jenson l ed a discussion of selectively re zoning this property to
agriculture. Council member Jenson later spoke against the proposal citing concerns about the
removal of a large tree. Sur e ly all the se trees would be at risk by zoning this property for
agriculture . Finally, with no obje ctive metrics to deny this development such as setbacks,
engine e ring reports, etc., the council and commission continue to delay based on v ague "ma ss and
Town Council
Augu st 8, 2017
Page 2
scale" concerns. Selective zoning and abstract requirements v iolate the r ights of town property
owners and open the town to potential litigation .
The town and planning commission have run an open process and represented the concerns of the
neighbors. In fact, significant concessions resulted with the combination of the two lots with
development of a single home compared to the high density of the existing Maggi Ct properties. The
neighbors and original developers had ample opportunity to purchase these lots given the value
they place on the open sp ace and undeveloped land su rrounding their homeowner's association . It
is not the towns role to arbitrate the property rights between ne igh bors. The town establi shes the
rules, process and assures they have been followed . In this case, the Ro ss's have not only complied
but embraced the spirit of compromise and understanding . Now is the time to give them your
support and approve their requested development.
Sincerely,
John M cCo ol