14331 and 14341 Browns Ln - Staff Report and Exhibits 1-10
PREPARED BY: SEAN MULLIN, AICP
Associate Planner
Reviewed by: Planning Manager, Community Development Director, and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6874
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 11/14/2018 ITEM NO: 3
DATE: NOVEMBER 9, 2018 TO: PLANNING COMMISSION FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: VARIANCE APPLICATION V-18-001 AND SUBDIVISION APPLICATION M-18-005. PROJECT LOCATION: 14331 AND 14341 BROWNS LANE. PROPERTY OWNERS: ZDE HOLDINGS, INC. AND KOWITZ FAMILY TRUST 1. APPLICANT MICHAEL KOWITZ. REQUESTING APPROVAL OF A VARIANCE FOR THE SUBDIVISION OF ONE LOT INTO TWO LOTS ON PROPERTY ZONED R-1:8. APN 409-14-035 AND 409-14-036. DEEMED COMPLETE: SEPTEMBER 24, 2018 FINAL DATE TO TAKE ACTION: MARCH 24, 2019
RECOMMENDATION:
Approval of the Variance and Subdivision applications.
PROJECT DATA:
General Plan Designation: Low Density Residential
Zoning Designation: R-1:8 – Single-Family Residential
Applicable Plans & Standards: General Plan
Parcel Size: 18,996 square feet
Surrounding Area:
Existing Land Use General Plan Zoning
North Railroad Right-of-way N/A N/A
East Single-family Low Density Residential R-1:8
South Single-family Low Density Residential R-1:8
West Single-family Low Density Residential R-1:8
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CEQA:
The project proposes a subdivision of one lot into two lots in a single-family neighborhood. The
existing lot includes two single-family residences and the subdivision would not increase the
number of dwelling units from that of the existing condition. No further development is
proposed at this time. Therefore, the project is not subject to the California Environmental
Quality Act (CEQA) pursuant to the adopted Guidelines for the Implementation of the CEQA,
Section 15061: A project is exempt from the CEQA when the activity is covered by the general
rules that the CEQA only applies to projects, which have the potential for causing a significant
effect on the environment. Where it can be seen with certainty that there is no possibility that
the activity in question will have a significant effect on the environment, the activity is not
subject to the CEQA.
FINDINGS:
That the proposed project is not subject to the California Environmental Quality Act (CEQA)
pursuant to the adopted Guidelines for the Implementation of the CEQA, Section 15061: A
project is exempt from the CEQA when the activity is covered by the general rules that the
CEQA only applies to projects, which have the potential for causing a significant effect on
the environment. Where it can be seen with certainty that there is no possibility that the
activity in question will have a significant effect on the environment, the activity is not
subject to the CEQA; and
As required by Section 29.20.170 of the Town Code for granting a variance; and
As required by Section 66474 of the Subdivision Map Act.
ACTION:
The decision of the Planning Commission is final unless appealed within ten days.
BACKGROUND:
The 18,996-square foot lot is currently developed with two nonconforming single-family
residences with associated accessory structures: a 988-square foot residence with a 259-square
foot accessory structure; and an 825-square foot residence with a 221-square foot accessory
structure. Both of the residences were built prior to 1983.
In 1983, in a Superior Court legal proceeding entitled the Estate of Mary Vera Brown (Exhibit 5),
the Court entered an Order requiring the property to be surveyed and divided into two
substantially equal parcels and thereafter for the preparation of two deeds conveying the lots
to various heirs of Mary Vera Brown. Although the Court ordered the division of the land, the
various heirs of Mary Vera Brown never complied with the Subdivision Map Act that required
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BACKGROUND (continued):
the creation and approval of a parcel map of the newly created parcels. Even though a parcel
map was never created, the parcels changed ownership numerous times over the years.
In order to prevent the continuous change of ownership for illegal parcels that did not comply
with the subdivision Map Act, the Town recorded a Notice of Violation on the parcels.
Thereafter, the property fell into a state of disrepair with many code complaints and
foreclosure actions.
Thirty-five years after the Court ordered the division of the property, the current and new
owners have submitted an application to satisfy the requirements of the Subdivision Map Act.
The project is being referred to the Planning Commission because the subdivision would
require a variance to reduce the required lot depth for both proposed lots (Parcel 1 and
Parcel 2) and the required lot depth for parcels backing on a railroad right-of-way for one of the
proposed lots (Parcel 1).
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The existing lot is located at 14331 and 14341 Browns Lane, approximately 125 feet north
of Wedgewood Avenue, fronting onto Browns Lane, a private ingress and egress easement
(Exhibit 1). Surrounding properties to the east at the rear, south fronting onto
Wedgewood Avenue, and west across Browns Lane, contain single-family residences. A
Southern Pacific Railroad right-of-way and Highway 85 are located to the north.
B. Project Summary
The project proposes subdivision of one lot into two lots in a single-family neighborhood.
The existing lot includes two nonconforming single-family residences and the subdivision
would not increase the number of dwelling units from that of the existing condition. No
further development is proposed at this time.
C. Zoning Compliance
The proposed lots would comply with the minimum lot size and frontage requirements for
the R-1:8 zone. However, the subdivision would require a variance to reduce the required
lot depth for both proposed lots (Parcel 1 and Parcel 2) and the required lot depth for
parcels backing on a railroad right-of-way for one of the proposed lots (Parcel 1). No
additional development is proposed at this time. The table below provides an analysis of
the proposed lots against the zoning regulations for the R-1:8 zone.
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PROJECT DESCRIPTION (continued):
Lot Dimensions
Required Parcel 1 Parcel 2
Lot Size 8,000 sf 9,494 sf 9,502 sf
Frontage 60 ft 102.98 ft 102.99 ft
Depth 90 ft 88.62 ft 88.18 ft
Railroad right-of-way 125 ft 107.14 ft N/A
Bold – requires variance
DISCUSSION:
A. Subdivision
The applicant is requesting the subdivision of one 18,996-square foot lot into two lots.
Parcel 1 would be 9,494 square feet and Parcel 2 would be 9,502 square feet. The proposed
lot sizes would exceed the minimum required lot size of 8,000 square feet and the minimum
required frontage of 60 feet for the R-1:8 zone. The subdivision would require approval of a
variance to reduce the required lot depth for both proposed lots (Parcel 1 and Parcel 2) and
the required lot depth for parcels backing on a railroad right-of-way for one of the proposed
lots (Parcel 1).
The properties in the immediate neighborhood range in size from 6,893 square feet to
14,310 square feet (see Neighborhood Analysis below). The proposed lot sizes would be
compatible with the existing lots in the immediate neighborhood. In addition, at 4.58
dwelling units per acre, the proposed density would comply with the General Plan Land Use
Designation for the site of Low Density Residential (0-5 dwelling units per acre).
B. Variance
The proposed lots would comply with the minimum lot size and frontage requirements for
the R-1:8 zone. The applicant is requesting a variance to reduce the required lot depth for
Parcel 1 and Parcel 2 and the required lot depth for parcels backing on a railroad right-of-
way for Parcel 1. The applicant has provided written justification for the request (Exhibit 6),
citing a neighborhood pattern of development that does not conform to the requirements
of the R-1:8 zone.
As required by Section 29.20.170 of the Town Code, the deciding body, on the basis of the
evidence submitted at the hearing, may grant a variance if it finds that:
1. Because of special circumstances applicable to the property, including size, shape,
topography, location or surroundings, the strict application of this ordinance deprives
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DISCUSSION (continued):
such property of privileges enjoyed by other properties in the vicinity and under
identical zone; and
2. The granting of a variance would not constitute a grant of special privileges inconsistent
with the limitations upon other properties in the vicinity and zone which such property
is situated.
Lot Depth – Parcel 1 and Parcel 2
Section 29.40.400 of the Town Code requires a minimum lot depth of 90 feet in the R-1:8
zone. The existing property does not meet the lot depth requirement and is bounded on
the east and west sides by residential properties, which does not afford the applicant an
opportunity to expand the proposed lots to meet the lot depth requirement. The applicant
is requesting a variance to reduce the required lot depth for both proposed lots. Parcel 1
would have a lot depth of 88.62 feet; and Parcel 2 would have a lot depth of 88.18 feet.
Additionally, at least two lots in the vicinity do not meet the required lot depth (Exhibit 7).
Given the special circumstance of the existing nonconforming lot depth, a pattern of lot
configuration in the vicinity that does not meet the lot depth requirement, and the court-
ordered division of the property, granting of the variance for lot depth would not constitute
a grant of special privilege.
Lot Depth for Parcels Backing on a Railroad Right-of-way – Parcel 1
Section 29.40.400 of the Town Code requires a minimum lot depth of 125 feet for lots
facing or backing on railroad rights-of-way. The Southern Pacific Railroad right-of-way is
located immediately adjacent to the proposed Parcel 1, requiring the depth of this
proposed lot to be a minimum of 125 feet, in this case measured north to south. Strict
adherence to this section of the Town Code would cause Parcel 2 to be configured in such a
way that it would meet neither minimum lot size nor depth and would likely cause the
existing structures to become nonconforming as to setbacks. Additionally, the development
pattern in the vicinity includes many lots adjacent to the railroad right-of-way that do not
meet the minimum 125-foot depth requirement (Exhibit 8). Granting of this variance would
not constitute a grant of special privilege and would be consistent with the privileges
enjoyed by other properties in the vicinity under the same zone.
C. Neighborhood Compatibility
The immediate neighborhood is made up of one- and two-story residences which, based on
Town and County records, range in size from 578 square feet to 2,487 square feet. The
FARs range from 0.05 to 0.20. The applicant is requesting the subdivision of one lot into
two lots, with of 1,247 square feet of floor area and an FAR of 0.13 for Parcel 1, and 1,046
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DISCUSSION (continued):
square feet of floor area and an FAR of 0.11 for Parcel 2. While no additional development
is proposed at this time, the proposed subdivision would result in the second and third
largest homes in terms of floor area and FAR in the immediate neighborhood. Pursuant to
the Town Code, the maximum allowed floor area for Parcel 1 would be 2,982 square feet
with a 0.31 FAR. The maximum allowed floor area for Parcel 2 would be 2,983 square feet
with a 0.31 FAR. The proposed lots would comply with the maximum allowed floor area and
FAR.
The following Neighborhood Analysis table reflects current conditions of the immediate
neighborhood.
Address Building Garage Lot Area
Building
FAR Stories
14330 Browns Lane 2,487 625 12,656 0.20 1
14340 Browns Lane 748 440 6,893 0.11 1
17275 Wedgewood Avenue 578 418 7,800 0.07 1
17291 Wedgewood Avenue 650 0 14,310 0.05 1
(e) 14331 & 14341 Browns Lane 2,293 0 18,996 0.12 1
(p) 14331 Browns Lane (Parcel 1) 1,247 0 9,494 0.13 1
(p) 14341 Browns Lane (Parcel 2) 1,046 0 9,502 0.11 1
D. Reduced Setbacks
Section 29.40.015 of the Town Code requires a minimum side setback of five feet for
accessory buildings, or no less than three feet when approved under a Minor Residential
Development application. The proposed property line would be located within 3.2 feet of
an existing accessory building on Parcel 1, as summarized in the table below. The proposed
property line has been located to maximize conformance with the zoning requirements.
Setbacks
Required Parcel 1 Parcel 2
House Shed House Shed House Shed
Front 25.0 ft 25.0 ft 32.4 ft 70.0 ft 39.6 ft 59.0 ft
Rear 20.0 ft 5.0 ft 21.4 ft 18.9 ft 12.3 ft 10.7 ft
Side 8.0 ft 5.0 ft 33.0/40.3 ft 3.2/90.0 ft 16.2/63.0 ft 67.0/29.9 ft
Bold – requires Minor Residential Development
Within the immediate neighborhood as defined by the Residential Design Guidelines, the
adjacent property to the south, located at 17291 Wedgewood Avenue has a residence and
an accessory building within the required setbacks. The table below and Exhibit 9 include
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DISCUSSION (continued):
nine additional properties in the vicinity having structures located within the required
setbacks.
Properties with structures within required setbacks in the vicinity
Address Nonconforming Structure Source
14335 La Rinconada Drive Multiple accessory structures Aerial image
14344 La Rinconada Drive Residence Aerial image
14345 La Rinconada Drive Accessory structure Aerial image
14350 La Rinconada Drive Residence Aerial image
17175 Wedgewood Avenue Accessory structure Aerial image
17211 Wedgewood Avenue Accessory structure Aerial image
17231 Wedgewood Avenue Multiple accessory structures Approved plans
17291 Wedgewood Avenue Residence and accessory structure Approved plans
17331 Wedgewood Avenue Accessory structure Approved plans
17351 Wedgewood Avenue Accessory structure Aerial image
Bold – located within immediate neighborhood defined by Residential Design Guidelines
Staff has included a Condition of Approval that prior to recordation of the Final Map, the
applicant either eliminate the need for a reduced accessory building side setback on
Parcel 1 by demolishing or relocating the accessory building or receive approval for a
reduced accessory building side setback under a Minor Residential Development application
(Exhibit 3).
E. General Plan
The goals and policies of the 2020 General Plan listed below are applicable to this project.
Staff’s comments regarding the goals and policies are italicized.
• Policy LU-6.5 – The type, density, and intensity of new land use shall be consistent with
that of the immediate neighborhood. The proposed lots would include existing
residential uses that are compatible with the existing neighborhood in terms of type,
density, floor area, and FAR.
F. CEQA Determination
The project proposes a subdivision of one lot into two lots in a single-family neighborhood.
The existing lot includes two single-family residences and the subdivision would not
increase the number of dwelling units from that of the existing condition. No further
development is proposed at this time. The project is not subject to the CEQA pursuant to
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DISCUSSION (continued):
the adopted Guidelines for the Implementation of the CEQA, Section 15061: A project is
exempt from the CEQA when the activity is covered by the general rules that the CEQA only
applies to projects, which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the
activity in question will have a significant effect on the environment, the activity is not
subject to the CEQA.
PUBLIC COMMENTS:
At the time of this report’s preparation, the Town has not received any public comments.
CONCLUSION:
A. Summary
The project proposes subdivision of one lot into two lots. The Subdivision application is a
requirement of a 1980’s judicial order stemming from the distribution of an estate
(Exhibit 5). The proposed lots would exceed the minimum lot size and minimum frontage
requirements for the R-1:8 zone. Approval of a Variance application to reduce the required
lot depth for Parcel 1 and Parcel 2 and the required lot depth for parcels backing on a
railroad right-of-way for Parcel 1 is required for approval of the Subdivision application. As
discussed in this report, the lot depth, and building setbacks are compatible with the
immediate neighborhood and the findings to support the variance can be made; specifically,
that:
1. Because of special circumstances applicable to the property, including size, shape, and
location, the strict application of this ordinance would deprive the property owners of
privileges enjoyed by other properties in the vicinity and under identical zone; and
2. Granting the variance would not constitute a grant of special privileges inconsistent with
the limitations upon other properties in the vicinity and zone which such property is
situated.
B. Recommendation
Based on the analysis above, staff recommends approval of the Variance and the
Subdivision applications subject to the recommended conditions of approval (Exhibit 3). If
the Planning Commission finds merit with the proposed project, it should:
1. Find that the proposed project is not subject to the CEQA pursuant to the adopted
Guidelines for the Implementation of the CEQA, Section 15061: A project is exempt from
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CONCLUSION (continued):
the CEQA when the activity is covered by the general rules that the CEQA only applies to
projects, which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in
question will have a significant effect on the environment, the activity is not subject to
the CEQA (Exhibit 2); and
2. Make the findings as required by Section 29.20.170 of the Town Code for granting a
variance (Exhibit 2); and
3. Make the required findings as required by Section 66474 of the Subdivision Map Act
(Exhibit 2).
C. Alternatives
Alternatively, the Commission can:
1. Continue the matter to a date certain with specific direction; or
2. Approve the applications with additional and/or modified conditions; or
3. Deny the applications.
EXHIBITS:
1. Location Map
2. Required Findings and Considerations (two pages)
3. Recommended Conditions of Approval (two pages)
4. Letter Summarizing Property History from Applicant, received May 10, 2018 (two pages)
5. Judgement from the Honorable Bruce F. Allen of the Superior Court of California, Santa
Clara County, Case No. 103803 (eight pages)
6. Letter of Justification for Variance, received May 10, 2018 (one page)
7. Neighborhood Lot Depth Exhibit
8. Railroad Right-of-way Lot Depth Exhibit
9. Neighborhood Setback Exhibit
10. Tentative Map, received September 28, 2018 (one sheet)
Distribution:
ZDE Holdings, Inc., 18439 Hillview Drive, Los Gatos, CA 95032
Kowitz Family Trust 1, 15466 Los Gatos Boulevard, #109-35, Los Gatos, CA 95032
Occupant, 14331 Browns Lane, Los Gatos, CA 95032
Occupant, 14341 Browns Lane, Los Gatos, CA 95032
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PLANNING COMMISSION – November 14, 2018
REQUIRED FINDINGS & CONSIDERATIONS FOR:
14331 and 14341 Browns Lane
Variance Application V-18-001
Subdivision Application M-18-005
Requesting approval of a variance for the subdivision of one lot into two lots on
property zoned R-1:8. APN 409-14-035 and 409-14-036.
PROPERTY OWNER/APPLICANT: Kowitz Family Trust 1 and Michael Kowitz
FINDINGS
Required findings for CEQA:
■That the proposed project is not subject to the California Environmental Quality Act
pursuant to the adopted Guidelines for the Implementation of the CEQA, Section 15061:
A project is exempt from CEQA when the activity is covered by the general rules that
CEQA only applies to projects, which have the potential for causing a significant effect
on the environment. Where it can be seen with certainty that there is no possibility that
the activity in question will have a significant effect on the environment, the activity is
not subject to CEQA.
Required findings for granting a Variance application:
■As required by Section 29.20.170 of the Town Code for granting a Variance application:
(1)Because of special circumstances applicable to the property, including size, shape,
topography, location or surroundings, the strict application of this ordinance deprives
such property of privileges enjoyed by other properties in the vicinity and under identical
zone; and
(2)The granting of a variance does not constitute a grant of special privileges inconsistent
with the limitations upon other properties in the vicinity and zone which such property is
situated.
Required findings to deny a Subdivision application:
■As required by Section 66474 of the State Subdivision Map Act the map shall be denied if any
of the following findings are made: None of the findings could be made to deny the
application.
EXHIBIT 2
Instead, the Planning Commission makes the following affirmative findings:
a. That the proposed map is consistent with all elements of the General Plan.
b. That the design and improvement of the proposed subdivision is consistent with all elements
of the General Plan.
c. That the site is physically suitable for the type of development.
d. That the site is physically suitable for the proposed density of development
e. That the design of the subdivision and the proposed improvements are not likely to cause
substantial environmental damage nor substantially and avoidably injure fish or wildlife or
their habitat
f. That the design of the subdivision and type of improvements is not likely to cause serious
public health problems.
g. That the design of the subdivision and the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of, property within the
proposed subdivision.
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PLANNING COMMISSION – November 14, 2018
CONDITIONS OF APPROVAL
14331 and 14341 Browns Lane
Variance Application V-18-001
Subdivision Application M-18-005
Requesting approval of a variance for the subdivision of one lot into two lots on
property zoned R-1:8. APN 409-14-035 and 409-14-036.
PROPERTY OWNER/APPLICANT: Kowitz Family Trust 1 and Michael Kowitz
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the conditions of
approval and in substantial compliance with the approved plans. Any changes or
modifications to the approved plans and/or business operation shall be approved by the
Community Development Director, DRC or the Planning Commission depending on the
scope of the changes.
2. EXPIRATION: The approval will expire two years from the approval date pursuant to
Section 29.20.320 of the Town Code, unless the approval has been vested.
3. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that
any applicant who receives a permit or entitlement from the Town shall defend,
indemnify, and hold harmless the Town and its officials in any action brought by a third
party to overturn, set aside, or void the permit or entitlement. This requirement is a
condition of approval of all such permits and entitlements whether or not expressly set
forth in the approval and may be secured to the satisfaction of the Town Attorney.
4. SETBACKS: Prior to recordation of the Final Map, eliminate the need for a reduced
accessory building side setback on Parcel 1 by demolishing or relocating the accessory
building or receive approval for a reduced accessory building side setback under a Minor
Residential Development application.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
5. APPROVAL: This application shall be completed in accordance with all the conditions of
approval listed below and in substantial compliance with the latest reviewed and
approved development plans. Any changes or modifications to the approved plans or
conditions of approvals shall be approved by the Town Engineer.
6. PLANS AND STUDIES: Any studies imposed by the Planning Commission or Town Council
shall be funded by the Owner/Applicant.
EXHIBIT 3
7. PARCEL MAP: Concurrent with the requirements as previously ordered by The Superior
Court of California, County of Santa Clara, and the Honorable Bruce F. Allen as a
judgement settling the estate of Mary Vera Brown, Case No. 103803, filed with the Clerk
of the Superior Court on March 17, 1983, a parcel map shall be recorded. Two (2) copies
of the parcel map shall be submitted to the Engineering Division of the Parks and Public
Works Department for review and approval. Submittal shall include closure calculations,
title reports and the appropriate fee. The map shall be recorded prior to the issuance of
any permits. The Owner/Applicant shall provide the Engineering Division with an
electronic copy (in PDF format) and two hardcopies of the signed recorded map along
with a CAD drawing of the Parcel Map after it is recorded.
8. WEST VALLEY SANITATION DISTRICT: Any sewer connection and treatment plant capacity
fees shall be paid either immediately prior to the recordation of the parcel map. Written
confirmation of payment of these fees shall be provided prior to map recordation.
9. DEDICATIONS: The following shall be dedicated on the parcel map by separate
instrument. The dedication shall be recorded before any permits are issued: Ingress-
egress, storm drainage and sanitary sewer easements, as required.
10. PRIVATE EASEMENTS: Agreements detailing rights, limitations, and responsibilities of
involved parties shall accompany any new private easement. The easement(s) and
associated agreement(s) shall be recorded simultaneously with the Parcel Map. A copy of
the recorded agreement(s) shall be submitted to the Engineering Division of the Parks and
Public Works Department prior to the issuance of any permit.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
11. GENERAL: Review of this Developmental proposal is limited to acceptability of site access,
water supply and may include specific additional requirements as they pertain to fire
department operations and shall not be construed as a substitute for formal plan review
to determine compliance with adopted model codes. Prior to performing any work, the
applicant shall make application to, and receive from, the Building Department all
applicable construction permits.
12. GENERAL: No Fire Department conditions. NOTE: Previous SCCFD requirements for
hydrant location, fire apparatus access roads, and fire department (engine) roadway turn-
around have been removed from the scope of this project per Town staff. The decision to
not require compliance with previous plan review comments was based on the fact that
the application does not include any physical improvements. Access improvements to
occur during subsequent development of the properties.
13. GENERAL: This review shall not be construed to be an approval of a violation of the
provisions of the California Fire Code or of other laws or regulations of the jurisdiction. A
permit presuming to give authority to violate or cancel the provisions of the fire code or
other such laws or regulations shall not be valid. Any addition to or alteration of
approved construction documents shall be approved in advance. [CFC, Ch.1, 105.3.6]
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April 25, 2018
Joel Paulson
Community Development Director
Community Development Department
Town of Los Gatos
110 E. Main Street. Los Gatos CA 9.5.DlQ
Michael D. Kowitz
Trustee of the Kowitz Family Trust
President of ZDE Holdings, Inc.
RECEIVED
MAY 1 0 2018
TOWN OF LOS GATOS
PLANNING DIVISION
Proposed Pcoiect for 14341/14331 Browns Lane. Los Gatos California 95032
Historical packground;
Approximately 35 years ago, the heirs of Vera Brown petitioned the Superior Court of Santa
Clara to order the subdivision of her property in Los Gatos. The petition was granted and the
Superior Court ordered the property to be subdivided into two comparably sized lots.
The Heirs of Vera Brown then submitted the court's order and a surveyor's map to the county of
Santa Clara. The heirs received two separate parcel numbers 409-14-035 and 409-14-036. The
subdivision was legally recorded by the County of Santa Clara.
The Heirs of Vera Brown had the legal duty to comply with the California Map A.ct which
required the submission of a survey map of the subdivided properties, a completed
Subdivision application containing any necessary variance requests with the correct Application
Filing Fees to the Town of Los Gatos.
The Heirs refused to comply with the California Map Act law. They also refused to submit an
Application for a subdivision, the associated application fees, and to produce a survey map.
Despite the Town of Los Gatos 'repetitive efforts to assist the Heirs of Vera Brown. The Heirs
became recalcitrant and adversarial to the Town of Los Gatos.
The Town of Los Gatos had no other option but to file a notice of violation on the two parcels as
required by the California Map Act law. The properties have remained in this state to this
present day. Over these past 35 years, the parcels have changed legal ownership numerous
times. However, each owner has refused to work with the Town of Los Gatos to resolve the
underlying issue until now.
EXHIBIT 4
r
(
Present Day
Presently, there are two parcels and each parcel is owned by separate ownership entities The
Kowitz Family Trust 1 owns one parcel and ZDE Holdings, INC. owns the other parcel. For the
purpose of efficiently remedying this outstanding issue, the owners of these properties have
assigned a single point of contact, a Mr. Michael Kowitz, trustee of the Kowitz Family Trust 1 and
President of ZOE Holdings, INC. Mr.Kowitz has been authorized by the legal owners of each
respective property to submit the required subdivision application and variance request along
with the filing fees to be paid to the Town of Los Gatos.
Once the application is submitted, the Community Development Department and Los Gatos
Planning Commission can review the application. The owner's are required to apply for
variances in order to effect complete com·pliance with the California Map Act and the Town of
Los Gatos. The variances applied for are nearly inconsequential when compared to all other
adjacent properties in the immediate neighborhood. These adjacent properties required
variances which were granted even though their lots are both non-conforming and their
approved variances are more significant and extensive when compared to the modest request
for a variance in the instant application.
On behalf of the two ownership groups involved, I submit this application so that the Town of
Los Gatos can properly remove the notice of violation on the two parcels. After the notice of
violation that currently remains attached to the two parcels then these properties will fully
comply with the previous order of the Superior Court of Santa Clara and the California Map act.
Additionally, the respective owners will submit the proper survey map as required by California
Law to the Town of Los Gatos thereby resolving a longstanding issue for all concerned.
The applicant respectfully requests that the Town grant this application and finally resolve this
matter that has persisted for over 35 years.
Sincerely,
1~~ Michael Kowitz
Trustee of.the Kowitz Family Trust 1
& President of ZOE Holdings, INC.
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DOUGLAS R. KORTEN, ESQ.
181 DeVine Street
San Jose, CA 95110
Tel: (40$) 275-8000
Attorney for Representative
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1il M/R 1.1 A 9: 0·'>
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SUPERIOR COURT O.F CALIFORNIA, COUNTY OF SANTA CLARA
---000---
ESTATE OF:
MARY VERA BROWN, also known
as MARY VERA BIRD, deceased.
NO. 103803
JUDGMENT SETTLING FINAL
ACCOUNT AND DIRECTING FINAL
DISTRIBUTION AND ALLOWING
COMPENSATION FOR EXTRAORDINARY
/ SERVICES -----------------·
-The final account and report of administration and
petition for final distribution and for allowance of compen-
sation for extraordinary services of CHARLOTTE PANKEY came on
regularly for settlement of account and hearing of the petition
by the court on March 17, 1983. Petitioner a.ppeared by
DOUGLAS R. KORTEN?.;,. her counsel.
On evidence given to the satisfaction of the court,
th~ court makes the following orders:
1. Notice of t~e time and place for hearing has been
duly given as required by law, including special notice to:
Williams. Srneed, 111 W. St. John Street, San Jose, CA and
Donald Dean Allen, 2 N. Second Street #225! San Jose, CA.
2. The account and report cover the period from
December, 1981 to .November 9, 1982, inclusive. The account
and report are full, verified, true and correct.
EXHIBIT 5
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I 3. Notice to creditors has been published in the
m.anner and for the period prescribed by law.
4. More than four months have elapsed since the
notice to creditors was first published, and the period for
filing or presenting claims against the estate has expired.
5. There have peen no claims filed. against the
estate.
6~ All California inheritance taxes payable in the
e$ta,te ha,ve been paid, and a duly countersigned and sealed
receipt therefor has been filed as required by law.
7~ The Federal estate tax payable by the estate has
been paid .in the sum of $36,639.00. No proration of said
estate taxes is necessary, since each of the heirs will receive
ar:,·i.equal 1/8 share o;f the estate.
8. No personal property taxes are due and a
person~l propeity tax clearance by the County Assessor has
been filed as required by local court rule.
9. The e$tate is in a condition to be closed. All
debts and all expenses of administration except closing
expense$ and statutory compensation to the personal represen-
tative and her attorney have been paid. The sum reasonably
necessary to pay closing expenses is $16,580.30 being the sum
o.f the following: Administrator Fee: $8,008.90, Attorney 1 s
Statutory Fee $8,008.90, Attorney's Extraordinary Fee $562.50.
10. The personal representative is entitled to a
total statutory commission for ordinary services of $8,009.90.
11. Douglas R. Korten, as attorney for the personal
representative is entitled to a total statutory fee for
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ordinary services of $8,008.90.
12. DOUGLAS R. KORTEN . as attorney for the personal ·
representative, has per!ormed extraordinary services for the
benefit of the estate and shou1a· be allowed an additional
compen$ation of $562.50 for such extraordinary services.
13. The ~ro~erty in the estate should be distributed
as hereinafter ordered.
14. All allegations of the petition not specifically
included in the foregoi~g findings are true.
IT IS Q..I~DEEED, ADJUDGED AND DECREED that:
1. The report of CHARLOTTE PANKEY, as personal
representative of the E~ta,te of MARY VERA BROWN aka MARY VERA
BI~, deceased, is approved and all acts and transactions of the
pe~sonal representative relating to the matters in the report
a.re .ratified and confirmed, and the account covering the period
from Dece~ber, 1981 to November 9, 1982, inclusive, is settled
~nd allowed as filed.
2~ CHARLOTTE PANEKY, as personal represe~tative of
th.e estp.te, ·is allowed $8,008.90 as the statutory commission for
ordina,ry services, and she is authorized to withdraw that sum
from the funds of the estate and to pay it to herself.
3. DOU~LAS R. KORTEN, as attorney for the personal
representative of the estate, is allowed $8,008.90 as the
statutory fee !or ordinary services, and CHARLOTTE PANKEY, as
the personal repr.e.sentative, is ordered to w.i thdraw that sum
from the funds of the estate and to pay it to DOUGLAS R. KORTEN.
4. DOUGLAS R. KORTEN, as attorney for the personal
representative of the estate, is allowed additionally $562.50
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as co~pensation for extraordinary services, and CHARLOTTE PANKEY,
as the personal representative, is ordered to withdraw that
sum from the funds of the estate and to pay it to DOUGLAS R.
KORTEN.
5 5. CHARLOTTE PANEKY is authorized to withhold
6 $16,580.30 for the purpose of paying closing expenses. Any
7 portion of that sum not so used shall be distributed to the
8 heirs, equally. --------tt--~ 9 6. That pursuant to the request of the Administr~tor
10 in the Petition, CHARLOTTE PANEKY is hereby empowered to employ
11 a civil engineer to survey a division of inventory item number 2,
12 attachment 2 to divide said property into two substantially
13 equal parcels and thereafte.r having two deeds prepared and
14 signed b_y the Administrator conveying all right, title and
15 interest in each parcel to Bonnie Juanita Thibadeau, Ruby
16 Glorietta Bia 8 , Joy Ellen Thomas, Patricia Jean Hargreaves, Iva
17 Charlotte Pankey, Pamela Mae Giovannoni, Letitia Darlene
18 Romine and Belva Colleen Brown as tenants in common.
19 7. The personal representative shall distribute
20 the following property in the estate to the following persons:
21 A .. Inventory item number 3, attachment 2, the
22 1973 Buick Century Automobile shall be awarded to Letita Darlene
23 Romine. The car has been given a value of $200.00 and this
24 shall be subtracted from Letita;Romine's share of the cash
25 proceeds of the estate.
26 B. Inventory item number 2, attachment 2, the
27 real property located in Los Gatos, California, more commonly
28 known as Brown's Lane, Los Gatos, California and more
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Particularly described in Exhibit "A" attached here.to
is hereby distributed to: Bonnie Juanita Thibadeau, Ruby
Glorietta Bias, Joy Ellen Thomas, Patricia Jean . Hargreaves, Iva
Charlotte Pankey, Pamela Ma~ Giovannoni, Letitia niliene Romine
and Belva Colleen Brown as tenants in common.
C. The reniainin.g balance of items 1,2,3,4,5, and
the proceeds from the sale of item number l, after payment
of disbursements and ~llowing for estimated costs of closing
of the estate of $16,580.30 is hereby distributed as follows:
1/8 of said sum to Bonnie Juanita Thibadeau, 1/8 of said sum
to Ruby Glorietta Bias, 1/8 of said sum to Joy Ellen Thomas,
1/8 of said sum tQ Patricia Jean Hargreaves, 1/8 ~~ said $Um
to J;va Charlotte Pankey, 1/8 of said sum to Pamela Mae Giovann-
oni, 1/8 of said sum to Belva Colleen Brown and 1/8 of said
sum less $2 00. 00 for the value of the 197 3 Buick Cent_ury
a~tomobile to Letitia Darlene Romine.
8. All other property of decedent not distributed
hereinabove, whether described herein or not, is distributed
to Bonnie Juanita Thibadeay, Ruby Glorietta Bias, Joy Ellen
Thomas, Patricia Jean Hargreaves, Iva.Charlotte Pankey, Pamela
Mae Giov&nnoni, Belva Colleen· Brown and Letitia Darlene Romine
in equal shares, as tenants in common.
Dated;
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m~HIBIT. "A"
~ORDER FOR PROBATE
EST.ATE OF VERA BROWN, DECEASED
CASE NO. 103803
, AU that Certain parce\ of land stt;~t-~ .l!J the County o·~ . -,'';\f ··1
· _. Santa Clara, State of California, described as -follows: -. _-. ·
, Avenu/!f1~~~n~o~ih!~i~ir~: ~~ i~i iin~i~:En:eg~e!~~i::~i~ : i>\
d1vla1on of the Maud N.Parr Tract,_ a~. recorded in Book nEn of' Maps,·· \
_ page 73", Santa Clara· County Records, ·cal1forn1a; thence along the -·., \
_-center line o:r Wedgewood·Avenue -:N. g5° _25 1 '·W. 611.0 feet; thence .... ·.\
along· the cent er line o.r. ·a· 10 ·r~:,ot. ~ight or-· way herelnaft er -·.-_ . = · ... :c·.·. ·-1
desc~ibed N. 20° -~-' -E?-1ll-s~g9 _reet>\o:·_the_.trtie . point of . beginning· . :· ... \
of this description; thenc_e along -the-· t;·ent·er· 11ne . of_· said 10 · :root · . __ -_.··:·!
right o_f way ~. 20~ -~' :·E~ :~205 :·:reet,~-more:'-·o~~-les s,· ·to ·_·the~· .Sou th-· . _.'~ :/.\
westerly line of the ~lands .and-~right~·:qf · way of :-.-~he , ~an · Jose and .·• >:·;.~_>"·j
. -=-:.· Los Gato~ Interurba.?,l.:Ra:1lway·· _ _9p~pap.y;)thence ·al.ong= said l:-~ne North-:<-~::\
· ·westerly 90 · feet~ ~·_more ·or:'le.s s~·-~ to-~'the ·::E~s~erly_ line or· L~"'i.inconada . '=~ .I
._.. Acres,. according to~the Map ···thereof',of re~ox;d~·1n --~~ok "3.11 of Maps. ·.=--.:-\
·: : ·page.· 5s, San ta ·ciara.··coiirity ·Records;~··thenc~ . .-~aXong ·.th~ ·,._F;astet:l;Y-. _line·."~~'-:~ .. )
_-.:· ·. of · said Subdivision S.: .. :20°_· 45 1-<W. · 225 :feet~._., more or ·les·s, · to ·: a .--point' _. ... 1
:. !·_: .. : that 1a ·a1stant· along_: aaid~:11ne ·.N~:-.. 20~\ 4Sf.,\ E~.\}.69. 75 ._feet from_· the :-~ .. ;, .1
: _ center line of.· Wedgewoo _d ~Ayenu~/-es . sa1=,d··_ center· l.1ne is shown~ on ·_._ ·_.::·_:,_ ::_ \
'_.' > the -.Wedgewood Subdivision ·hereinabove_rererred to;· thence South--.'\--.. 1 :,_. easterly _ 90 f'eet.,· more or __ lees, ,in a dlrect ·_,line to .said true point ·_-.-1
_ . · of beginning, . ·and °j;)eing ·. a part. of" Lot. ~O . of )the Wedgewood . Sub-: ·_. ·::-.. -/, _· -j
· · division hereinabov e referred to._ ._-··: _. _-)'_._.;._ ,.·. _; _. -,-::,,-· ··.;:. . ~: :·?/:=-~./_· ·J
••• • • • 1 • .-· -___ :· -. ~ .'._ :~~·--;·.:· ~ ·:.'~; •• ~·:. ~~i:t~_;i;~~~<;~:/~_·;;.i..·/:-~1~; :_ . ·.J;::i:~-:,.);;~--'-~:·~~:'·-. . ~~ .:·:· ... -~ ... :.:~.~--~:.. -· ... ~-~.: _---~=:~ -~-~-. l
.::. . .. _. _:}:::' Togeth~r . with a. rigb\. of 'w~y .-'fo;· .-ingr~s·s -and. egress over a ·· .--:->;-~--\:··. ·_·\
strip ·or land 10 feet -wide, -the center line of which is described-_ :··_ ·· .. !
.. as follows: _. · ./-._._ .. · ___ . , ._. -,-_·_ :~,;·/-< :-~-~ __ :, ·. . . ·. : · __ : :_~_, · · , · -· -.. _ : .. :·~---.,· . : )?/::. _. <j
'_ Beginning at .a point ·1:n _.the ·cente·r·'"11ne · ·of Wedg~wood Aven;e/,·· ··: -·1
. distant thereon N. _S5° · ·25 1 · W. 611 f'eet · from an i);'on bar at the · -< _.,
Southeast corner of Lot 11 of said Subd1v1a1on hereinabove referred ·. · · 1
·to; thence N.·20° 48 1 E>-350 feet, more or leas, to the Southwesterly·;
line of the ·lands and right of .way o:r the San Jose and Loa Gatos .--:.-:.<;)
Interurban Railway ~ompany _.· :····:J:j
. ··l _:.,
ESTATE OF CA.SE NUMBER
MARY VERA BROWN, also known as MARY
~VERA~BIRD, Deceased 1038Q3
ATTACHMENT NO: 2
tlN DECEDENTS ESTATES ATTACHMENTS MUST CONFORM TO PROBATE CODE 601
REGARDING COMMdNI 1 Y AND SEPARATE PROPERTY l
PAGE OF
(ADD PAGES AS REQUIR(;;.UJ
TOTAL PAGES
-~,. :.'. tit.
Item No
1
Desc~1pt1on
f ~· ~
Appraised value
$
2.
$ 150,000.00 Real Property located in Los Gatos,
California, more commonly known as
2011 Pollard, Los Gatos, California,
---------
and more particularly described as:
"Beginning at a 3/4 inch iron pipe set at the
point of inter~ection of the center line of
Pollard Road, with the center line of More
Avenue; running thence along the center line
of said Pollard Road N. 75°45' E. 110.0 feet;
thence N. 15°41' W. 150.0 feet to a Southerly
line of that certain parcel of land conveyed by
William A. Despain, et ux, to Leonard Dardanelli,
et ux, by Deed dated February 21, 1956 and re-
corded February 24, 1956 in Book 3422 of Official
Records, page 177, Santa Clara County Records;
thence~-75°45' W. along said Southerly line 110.0
feet to a point in the center line of More Avenue;
thence S. 15°41' W. along the center line of said
More Avenue 150.0 feet to the point of beginning and
being a portion of the Rancho Rinconada de Los Gatos."
Real Property located in Los Gatos ,,
California, more commonly known as
14331-14341 Brown's Lane, Los Gatos,
California, and more particularly
described as:
$ 145,000.00 ------'=-----
"All that certain parcel of land situate in the County
of Santa Clara, State of California, described as follows:
Beginning at an iron bar in the center line of Wedgewood
Avenue at the Southeast corner of Lot 11 of the. Wedgewood
Subdivision of the Maud N. Parr Tract, as recorded in Book
"E" of Maps, page 73, Santa Clara County Records, California;
thence along the center line of Wedgewood Avenue N. 85°25' W.
611.0 feet; thence along the center line of a 10 foot right
of way hereinafter described N. 20°48' E. 148~89 feet to the
true point of beginning of this description; thence along the
center line of said 10 foot right of way N. 20°48' E. 205
feet, more or less, to the Southwesterly line of the lands
and right of way of the San Jose and Los Gatos Interurban
Railway Company; thence along said line Northwesterly 90 feet,
more or less, to the Easterly line of LaRinconada Acres,
according to the Map thereof of record in Book "3" of Maps,
page 58, Santa Clara County Records; thence along the Easterly
line of said Subdivision S. 20°48' W. 225 feet, more or less
to a point that is distant along said line N. 20°48' E. 169.75
Form Appro\led by the
Judicial Counc,1 of Cal1forn1a
ltJVS:tJTnDV .l\tJn I\DDDI\ICCHCMT U\TTl\t"Ua.tCII.IT\
Prob C 481
600-605. 7 84 .
Cflr.,..t ,,,,.. 1-. ...... "'"'' 1 ,n.,c: • r ~,... • ,..,....
"'Attachment 2
(
INVENTORY & APPRAISEME(
MARY VERA BROWN, Deceased #103803
2. CONTINUED ..... .
3.
:.,
"feet from the center line of Wedgewood Avenue, as said
center line is shown on the Wedgewood Subdivision herein-
above referred to; thence Southeasterly 90 feet, more or
less, in a direct line to said true point of beginning,
and being a part of Lot 10 of the Wedgewood Subdivision
hereinabove referred to.
Together with a right of way for ingress and egress over
a strip of land 10 feet.wide, the center line of which is
described as follows:
Beginning at a point in the center line of Wedgewood Avenue,
distant thereon N. 85°25' W. 611 feet from an iron bar at
the Southeast corner of Lot 11 of said Subdivision herein-
above referred to; thence N. 20°48' E. 350 feet, more or less
to the Southwesterly line of the lands and right of way of
the San Jose and Los Gatos Interurban Railway Company."
1973 Buick Century Autorrobile $ __ ~95~0~e~O~O
TOTAL: $ 2 95, 950. 00
Letter of Justification for the
RECEIVED
MAY 1 0 2018
Subdivision Application of 14341U4331 Browns Lane Los Gatos 'iBaiTv?ti~~s
and variance reu11est.
To: The Los Gatos Community Planning Staff and members of the Los Gatos Planning
Commission
My name is Michael Kowitz. I am the trustee for the Kowitz Family Trust-I and the President of
ZDE Holdings, Inc. The Kowitz Family Trust-I holds title to the property identified as parcel
#409-14-035; Address: 14341 Browns Lane, Los Gatos CA. 95032. ZDE Holdings, Inc. holds
title to parcel #409-14-036; Address: 14331 Browns Lane, Los Gatos. CA. 95032.
Based upon my research and evaluation of the history of these two parcels I have submitted an
application for development permits that are designed to remedy a long-standing issue that has
existed between the Town of Los Gatos and these properties. I therefore hope that this
application and minor variance request will be granted by the Town of Los Gatos so that the
aforementioned two properties can obtain and enjoy the same property privileges obtained and
enjoyed by the surrounding properties that similarly do not conform to the strict application of
the Town's ordinances.
HISTORY: in 1983 the Santa Clara Superior court by its orders created the legal basis for the
creation of the above mentioned parcels. The court's order required an approximate equal
division of the original parcel. A surveyor's map was created and recorded by the County of
Santa Clara and the County issued two separate and distinct parcel numbers which exist to this
day. The original owners of these two parcels failed to comply with the California Map Act that
required them to create a parcel map of the newly-created parcels that was to have been
accompanied by fulfilling the local jurisdiction's application and variance procedures. The
parcels changed ownership numerous times since then, which in turn triggered the attachment ~f
a notice of.violation (to these parcels) by reason of the successive owner's failure to comply with
the CA Map Act and associated regulations.
Now, some 35 years later and with the assistance of the Community Development Director and
Department, the new (and current) owners of these parcels are here submitting a completed
application accompanied by the proper and necessary fees and the statement of justification of
the variance request for approval by the Los Gatos Town Planning Commission so that the
requirements of the California Map Act can be· satisfied which in turn will permit the town to
remove the notice of violation that was attached to these properties ..
EXHIBIT 6
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The request for the granting of a variance for the two parcels has two components: 1) The
owners' request an approximate 21 or 22 inch variance along the frontage of these two parcels
that will resolve the two parcels' near-minimal shortage of "lot depth." The second variance
request applies to parcel 409-14-036 for the grant of a variance to reduce the railroad setback
(currently approximately 125 feet) to approximately 112.5 feet.
Granting these variances would not constitute a grant of special privileges "inconsistent with the
limitations upon other properties in the vicinity and zone in which these properties are situated"
because the majority of these properties have already received variances from the ordinances of
the town of Los Gatos that are more extensive than the variances herein requested. These
parcels, referenced by their respective parcel numbers, are: 409-14-041; 409-14-042; 409-14-43;
409-14-040; 409-14-039; 409-14-010; and*409-14-09.
Michael Kowitz and the Community Planning Department and Director have worked diligently
together hoping to avoid having to apply for any variances but have jointly come to the
conclusion that enforcing the provisions of these specific ordinance would result in undue
hardship, thus the granting of the aforementioned two variance requests will allow these two
properties the same privileges that the other non-conforming properties enjoy in the vicinity and
under the identical zone. In other words, a grant of the requested variances would be consistent
with the previous variance approvals (in the vicinity) without bestowing any special privileges
inconsistent with the limitations set upon other properties in the vicinity and zone in which these
two properties are situated.
I therefore request that the Planning Commission will approve our subdivision application and
grant the two minor variance requests and rescind the notice of violations that were set on these
parcels and thereby cure and resolve this long standing issue.
Thank you for your time and consideration.
Michael Kowitz
Trustee of the Kowitz Family Trust 1
President, ZOE Holdings, INC.
EXHIBIT 7
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Railroad Right-of-way 125-foot Lot Depth Requirement
Subject Property
Parcel Boundary
Lots Adjacent to Railroad ROW with Substandard Lot Depth
Railroad Right-of-way
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EXHIBIT 10