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Item 4 - Exhibit 09 - Correspondence between Applicant and Appellant following Appeal1 Ryan Safty From:manoochehr kadkhodayan <mannykhomes@yahoo.com> Sent:Monday, November 4, 2019 2:16 PM To:Ryan Safty Cc:Jim Whitney; shawn@demattei.com; Armita Nikfar; manoochehr kadkhodayan Subject:Re: 15960 Rose Ave - Appeal Attachments:image001.jpg Follow Up Flag:Follow up Flag Status:Flagged Hi Ryan, When we met on Oct 31, 2019, my intent was to get the existing roof pitch from you since the architect did not know at the time I met with them. As you requested, I met with Mr. Jim Whitney and Mr. Shawn Clevenger on October 25, 2019 at their office and discuss few things. The followings are the summary: 1- They said that there will not be any construction at all at the driveway or entrance and they will reflect that on the drawings and correct and eliminate any and all encroachments. 2- They said that they will talk to the owner and try to put the dormer on one side only and eliminate from the neighbor's side. Also I questioned about the existing roof pitch since it affects the height and design of the new structure and they di d not know. 3- I was disappointed not having the surveyor there especially after all questions with the survey. But they said they will check with the surveyor regarding all the information on the drawings. They informed me that they are planning to do an actual survey anyway. I told them about a quit claim deed that happened in 1993 between the two property owners and offered a copy. They did not think it was necessary since at the time of survey they will get all the deeds. I am still waiting to receive the latest drawings and information and as soon as I have anything, I will get back to you. Thank you very much for following up. Manny Kadkhodayan 408-802-3365 EXHIBIT 9 Ryan Safty  Planning Department  Town of Los Gatos  110 E Main St.  Los Gatos, CA 95031    Project Name: Doctorow Residence  Project Address: 15960 Rose Ave.  Date: 11/07/2019  Response to Appellant Email Dated 11/04/2019.    Mr. Safty,  The purpose of this letter is to respond to and address additional concerns raised by the appellant  located at 15980 Rose Ave. in an email dated 11/04/2019.  The following responses are in order as they  appear.  1. As stated previously, there is no proposed work on the neighboring property.  2. After discussing again with the homeowner, we wish to retain the functionality that the dormer  provides and will not revise the drawings.  The reference to the existing roof pitch is not clear as  the pitch of the new structure is to match that of the existing house.  3. The survey completed by WEC & Associates completed on October 1st, 2015 is the official  survey.  Please feel free to contact me with any questions.  Regards,  Jim Whitney  De Mattei Construction  1‐408‐350‐4200  Ryan Safty From:manoochehr kadkhodayan <mannykhomes@yahoo.com> Sent:Thursday, November 7, 2019 10:33 PM To:Ryan Safty Cc:Armita Nikfar; manoochehr kadkhodayan Subject:Re: Rose Ave Attachments:Attachments.pdf Follow Up Flag:Follow up Flag Status:Flagged Hi Ryan, Thanks for forwarding me the letter from the applicant. The three additional questions I asked are still remaining as per email dated Nov. 4, 2019. To reiterate: 1. We are talking specifically about the driveway entrance to the property. Please eliminate from your drawing indicating encroachment of proposed driveway into my property (Attachment 1). To clarify the boundaries for your surveyor at that location please see attached Quit Claim Deed dated July 20, 1993 (Attachment 2). 2.The drawing states and highlighted as revision #1 that the roof system to match the main house at the pitch of 5:12 (Attachment 3). However the main house roof pitch is at 10:12 (Attachment 8) or higher and makes the new building to be much higher than the stated an allowable maximum 15 feet (Attachment 4). 3.Again the survey from 2015 done for this applicant indicates driveway encroachment and lot size (25,469 sq. ft.) which is greater than what was shown on the prior permit application for the same property (21,000 sq. ft., Attachment 5). See attached Grant Deed dated 5/5/2015 (Attachment 6) describing 30 feet slope easement in the back of the property (Attachment 7). As I stated before the encroachment in the front (Attachment 2) and also in the back should be investigated by the surveyor and corrected on the drawing. I appreciate all your time and effort. Thanks, Manny 408-802-3365 This Page Intentionally Left Blank