Draft Mins 06.13.18
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 07/11/2018
ITEM NO: 1
DRAFT
MINUTES OF THE PLANNING COMMISSION MEETING
JUNE 13, 2018
The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on
Wednesday, June 13, 2018, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Chair D. Michael Kane, Vice Chair Matthew Hudes, Commissioner Mary Badame,
Commissioner Kendra Burch, Commissioner Melanie Hanssen, Commissioner Kathryn Janoff,
and Commissioner Tom O’Donnell
Absent: None
PLEDGE OF ALLEGIANCE
Commissioner O'Donnell led the Pledge of Allegiance. The audience was invited to participate.
SUBCOMMITTEE REPORTS/COMMISSION MATTERS
None.
VERBAL COMMUNICATIONS
None.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approval of Minutes – May 23, 2018
MOTION: Motion by Commissioner O’Donnell to approve adoption of the Consent
Calendar. Seconded by Commissioner Badame.
VOTE: Motion passed unanimously
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MINUTES OF PLANNING COMMISSION MEETING OF JUNE 13, 2018
PUBLIC HEARINGS
2. 223 Massol Avenue
Minor Residential Development in an Historic District
Applications HS-18-018 and HS-18-031
APN 510-16-020
Property Owner/Applicant: Vladimir Kanevsky
Appellant: Tyler Atkinson, Esq.
Project Planner: Sean Mullin
Consider an appeal of an Historic Preservation Committee decision approving a request
for exterior alterations to a non-contributing single-family residence (HS-18-018); and an
appeal of an Historic Preservation Committee decision approving a request for an
addition to a residential accessory structure less than 450 square feet which is visible
from the street (HS-18-031) on property located in the Almond Grove Historic District
zoned R1-D:LHP.
Sean Mullin, Associate Planner, presented the staff report.
Opened Public Comment.
Tyler Atkinson, Appellant
- He represents the appellants. The Planning Commission must deny this application on the
basis of the applicant asking the Commission to approve construction on his clients’
property, and they disagree with the staff report on that point. The applicant has made
emotional and misleading accusations against his clients. Two things about the application
that should give the Planning Commission great concern are: 1) The applicant is asking the
Commission to approve a project that encroaches on clients’ property; and 2) A pattern of
deceit from the applicant starting with the failure to do strongly recommended community
outreach. They request the Commission deny the garage application outright, and continue
the residence application to a date certain with specific direction that the Town’s Building
Department inspect the project to determine any unauthorized construction.
Vladimir Kanevsky, Applicant
- He has had at least four meetings with the Historic Preservation Committee to ensure the
house they are building conforms to the neighborhood codes and building codes, and he
met with Town staff many times to ensure the original plan they submitted in February
2018 conforms. He knocked on the appellant’s door many times but they were never
home, and he tried to relay a message through staff to the appellants asking them to call
him, but they did not. They did meet eventually and he tried to work with them, but they
said his proposed solutions were not enough. He has made many changes to accommodate
the appellant’s concerns, but has not had any communication from them. The appellant’s
complaints are always sent to him on the last possible day of every appeal period without
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MINUTES OF PLANNING COMMISSION MEETING OF JUNE 13, 2018
any communication in between. Their last appeal was made based on technicalities and
process, and none of the complaints are actually about his house.
Tyler Atkinson
- The applicant has tried to jam through various changes, and it is simply not the case that
the appellants ignored him, and the record reflects that; nor is it true that they waited until
the last possible day to assert their rights. These appeals to emotion should not govern the
Planning Commission’s decision. What the applicant calls “technicalities” is actually the
law. Building on another person’s property, or building a roof that extends into the airspace
above a person’s property, cannot be done, and the Commission cannot give a blessing to
such behavior.
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Burch to deny an appeal of Historic
Preservation Committee approval of minor development in an Historic
District Applications HS-18-018 and HS-18-031 for 223 Massol Avenue,
with the added condition of approval that there is no further increase in
the size of the roof over the garage that encroaches on the neighboring
property. Seconded by Commissioner Badame.
Commissioner O'Donnell requested the motion be amended to remove the additional condition
of approval, because the new construction will not further encroach.
The maker of the motion accepted the amendment to the motion.
The seconder of the motion accepted the amendment to the motion.
Commissioners discussed the matter.
VOTE: Motion passed unanimously.
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MINUTES OF PLANNING COMMISSION MEETING OF JUNE 13, 2018
OTHER BUSINESS
3. Report from the Director of Community Development
Joel Paulson, Director of Community Development
• The Town Council met on 6/5/18:
o Considered a zone change for 221 Almendra, which will go back for a second
reading.
o Adopted a resolution to suspend formula retail requirements for Conditional Use
Permits for up to 18 months.
o Considered the North 40 Specific Plan amendments and continued it to the
8/7/18 meeting.
• The June 27, 2018 Planning Commission meeting has been cancelled, because the
applicant for the only item on the agenda has requested an extension.
ADJOURNMENT
The meeting adjourned at 7:51 p.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the
June 13, 2018 meeting as approved by the
Planning Commission.
_____________________________
/s/ Vicki Blandin