09 Attachment 2 - July 22, 2020 Planning Commission Verbatim MinutesLOS GATOS PLANNING COMMISSION 7/22/2020
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A P P E A R A N C E S:
Los Gatos Planning
Commissioners:
Melanie Hanssen, Chair
Kathryn Janoff, Vice Chair
Mary Badame
Jeffrey Barnett
Kendra Burch
Matthew Hudes
Reza Tavana
Town Manager: Laurel Prevetti
Community Development
Director:
Joel Paulson
Town Attorney: Robert Schultz
Transcribed by: Vicki L. Blandin
(619) 541-3405
ATTACHMENT 2
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P R O C E E D I N G S:
CHAIR HANSSEN: We have one item on the agenda
for Public Hearings, and that is agenda item #2, which is
considering an appeal of a Development Review Committee
decision approving a request to demolish a single-family
residence and construct a new single-family residence on
property zoned R-1:10; located at 146 Robin Way; APN 532—
12-015; Architecture and Site Application S-19-043; the
property owners are—excuse me if I mispronounce your name—
Mehrdad and Leila Dehkordi; the Applicant is Gary Kohlsaat;
and the project planner is Diego Mora.
May I have a show of hands from Commissioners who
have visited the site? Are there any disclosures? I don't
see anyone with their hand up, so then we can go on. Mr.
Mora, do you have a Staff Report for us?
DIEGO MORA: I do. Good evening, Commissioners.
On May 19th the Development Review Committee held a public
hearing for the application where the neighbors raised
concerns about the project.
The Development Review Committee continued the
application to allow the Applicant time to address the
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concerns raised. The Applicant met with the neighbors and
revised the design.
At the June 9th public hearing, based on
compliance with Town Code and the Residential Design
Guidelines, the Development Review Committee approved the
application with an added condition of approval for an 8'
fence and landscaped screening addressing privacy concerns
that are contained in Condition 11 of Exhibit 3.
On June 19th an appeal to the decision was filed
by the adjacent property owner to secure commitment by the
Applicant to address the privacy concerns in Condition 11.
Based on the analysis that is provided in the Staff Report
Staff recommends denial of the appeal, upholding the
decision of the Development Review Committee subject to the
Conditions of Approval.
I would also like to include a public comment
that was inadvertently omitted from Exhibit 10 from Mr.
Robert Buxton on May 18th leading up to the May 19th DRC
public hearing. He cited concerns with the architecture,
mass, and scale of the home. Additionally, he cited
concerns of blocked hillside view.
This concludes Staff's presentation and we are
available for questions. Thank you.
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CHAIR HANSSEN: Do any Commissioners have
questions of Staff at this point? Commissioner Burch.
COMMISSIONER BURCH: During the DRC meeting when
it was added to the Conditions of Approval to have the
higher fence and the landscape screening, was the Applicant
along with the neighbors aware of that Condition of
Approval? Was there any indication given that that would
meet the privacy concerns that the neighbor had brought up?
DIEGO MORA: The Applicant was aware of the
Condition of Approval. The specifics to that approval and
how that would be met was left up to the Applicant and the
owner adjacent to the property, that question.
CHAIR HANSSEN: Go ahead, Commissioner Burch.
COMMISSIONER BURCH: So, the 8' fence and the
landscaping was an agreement between the homeowner and the
neighbor, but there were still then, from what I'm
understanding, from what I'm reading, some concerns about
that agreement and the privacy?
DIEGO MORA: That is correct.
JOEL PAULSON: Commissioner Burch, let me jump in
as well. That condition was placed on the application at
the DRC hearing. The Applicant and the adjacent owner, who
is currently the Appellant, were amenable to it. I think
the Appellant's concerns were there were no details
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associated with that because it was something that was
added at that meeting. The Applicant I believe has met with
the neighbor and their landscape architect, and so I think
they've had conversations, but ultimately we're moving
forward with the appeal because the appeal was not
withdrawn.
COMMISSIONER BURCH: Thank you.
CHAIR HANSSEN: I had a related question to that.
If I read the language of the appeal, and I guess we can
ask the Appellant, it specifically says they were looking
for a written commitment from the Applicant on how this is
going to work and it's my understanding, and I'm asking for
Staff's confirmation, that when we put something in the
Conditions of Approval we don't normally expect the
Applicant to on top of that write something up, because
it's in the Conditions of Approval and they otherwise can
proceed with their development and building permits and so
on and so forth. Is that correct?
JOEL PAULSON: If Mr. Mora doesn't have any input
on that, again, I think that we put the condition in but
the details behind that hadn't been fleshed out yet because
it was something that was addressed at the meeting, but
obviously the project couldn't move forward to building
permit level without that condition being addressed and so
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that would require cooperation between both the Applicant
and the Appellant saying yes this satisfies that condition
to the satisfaction of the Community Development Director.
CHAIR HANSSEN: Okay, and then one other
procedural question, and I'm doing this really for the
benefit of anyone viewing. Since this appeal was based
solely on the screening from the south side of the property
is it okay for members of the public to bring up other
issues and to create basically a brand new hearing that
could bring in any issues on top of what was in the appeal,
or are we only considering the language of the appeal?
JOEL PAULSON: As with typical appeals, and if
either the Town Attorney or Deputy Town Attorney have any
additional, this is a de novo hearing, so you are free to
ask questions about any aspects of the project. Obviously
the appeal is very specific, but ultimately as with all
appeals, it becomes an opportunity for you to bring up any
questions that you might have.
CHAIR HANSSEN: All right, thank you. Now, do any
other Commissioners have questions of Staff? Commissioner
Hudes.
COMMISSIONER HUDES: My question is about the
architect's report. There were some elements of the
architect's report that were very specific, but there were
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also some things… And so my question of Staff is when the
architect says "simplify" something, is it clear what that
means? They drew a box several times on several of the
drawings with a box around them so that says simplify.
DIEGO MORA: Thank you, Mr. Hudes. When the
architect indicates simplify it's giving some flexibility
to the Applicant to come up with some sort of solution and
justify how that component of the comment was indeed
simplified. It may be a reduction in height, it may be a
reduction in mass, etc.
COMMISSIONER HUDES: Okay, thank you.
CHAIR HANSSEN: All right, do any other
Commissioners have questions of Staff? Seeing none, we will
now open the public portion of the public hearing and give
the Appellant and then the Applicant an opportunity to
address the Commission for up to five minutes. Mr. Paulson,
who will be speaking as the Appellant?
JOEL PAULSON: That I do not know. I don't see
the Appellants in the attendee list. I do see a hand
raised, so I'm going to allow what may be Ms. Buxton to
speak, and so let me allow her to talk and then see if they
have any other input. I do not see the Appellant listed.
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JIM ZAKE: I'm having technical difficulties, so
I apologize. This is Jim Zake; I'm using Susan Buxton's
notebook, so I apologize.
JOEL PAULSON: Great. That's great.
JIM ZAKE: Okay. I'm so sorry, you guys. So, just
a couple of comments.
The reason I filed the appeal is just to ensure
that the screening and the fence are executed. I was
invited by the Dehkordis to meet with their landscape
architect as well as Gary Kohlsaat, their architect, to
have a discussion about the screening and about the fence,
so I invited the Dehkordis, Gary, and their landscape
architect, Tina, over to our home so they could get a
first-hand view of what we're concerned about.
I built a story pole that is 12' tall marked from
8' to 12'. I walked along the property line in our back
yard. Starting from the back yard I addressed the areas of
concern where they were going to remove an apple tree that
provided complete screening, and 20' in length of 12' high
rhododendrons that were going to be removed, which would
provide a clear line of site from our back yard to their
back yard and their complete rear elevation of their new
home, which is almost entirely glass, so severe concerns of
privacy on my side.
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On the windows of the north elevation of our home
their structure is going to be…I believe it's 18' tall.
We're 3' higher from an elevation grade perspective and our
views are completely obstructed, so my desire was to have
that screened with plants as well.
In the meeting with… Well, what I will say is
that for some reason the Dehkordis declined to come over to
our back yard to see, but I did meet again with the
landscape architect and Gary and we agreed in concept on
the height of the plants that would need to be installed to
provide proper screening. My desire was to have that
completed before the construction was started, and again,
the complete intent is to have privacy and to screen what
will be the new structure.
Because of our property being 3' higher from an
elevation grade perspective the size of the plants that
Gary estimated would have to be 36" box plants, and we
agreed with that in concept at the meeting that we had. I
received a proposal from the Dehkordis with respect to the
planting. They proposed ten each 15-gallon plants to
provide coverage relative to the story poles I put up. At
our elevation grade the plants would have to be 10' tall.
Fifteen-gallon plants are 6' tall. When I received the
proposal I hired a plant expert to come over and review the
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situation. He let me know—and I can provide you his name
and everything about him, if you would like—but he told me
that it would take ten years for a 15-gallon plant to get
to that size, so I was very concerned that we had agreed in
concept over what was going to be provided and then what
was proposed.
Additionally, for the back yard there is an apple
tree that Gary Kohlsaat said would not survive. My plant
expert said it would not survive. The foundation of the new
proposed home is encroaching under the canopy of that tree
substantially, there are surface roots, and again I'm not
an arborist or anything, but both Gary and the plant expert
that I hired said that that tree would not survive. So
again, the Dehkordi's proposal to keep the apple tree that
they were previously going to remove because it wouldn't
survive, and ten 15-gallon podocarpus that are 6' tall, are
just really not in alignment with what we agreed to.
That's my concern, and again, I can provide you
with all the information I received from my plant expert.
My proposal is to have 20 each 36" box podocarpus
along the fence line to provide screening and the privacy
that we're enjoying today.
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And that's it, and I apologize for being a bit
disjointed because of my technical difficulties and having
to use somebody else's PC, so sincere apologies.
CHAIR HANSSEN: Thank you very much. We're glad
that you were able to come and make comments. I want to ask
my fellow commissioners if they have any questions for the
Appellant? Vice Chair Janoff has her hand up.
VICE CHAIR JANOFF: Thank you. Thank you, Mr.
Zake, for your comments. My question is your proposal
mentions 20 each 36" box plants but you don't mention the
fence itself. Do you have any other conditions or requests
regarding the 8' fence that's required by Condition of
Approval Condition #11? Is it just the box plants?
JIM ZAKE: Yes, Ma'am, and I apologize; I did
have that on my notes and I'm so disjointed and disheveled
that I've missed it, but yes. On the proposed plan the
fence is not noted and we agreed in concept to an 8' fence;
6' fence, 2' lattice.
VICE CHAIR JANOFF: Okay, thank you.
JIM ZAKE: And thank you for asking.
CHAIR HANSSEN: Okay. Now, do any other
Commissioners have questions for the Appellant?
Commissioner Hudes and then Commissioner Barnett.
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COMMISSIONER HUDES: Thank you. I understand that
the appeal is being made about the privacy issues, and I
understand the review is a de novo review. Nevertheless,
neighbors in their letters raised other issues about the
architecture and height. As the Appellant do you share any
of those concerns?
JIM ZAKE: Yes, Mr. Hudes. Thanks for asking.
I've never been through this process but I definitely was
one of the concerned neighbors relative to architecture,
relative to the height of building, the architectural
style, the scale and scope of the project, and I had
documented all that information previously.
My appeal was relative to the screening and the
fencing. I don't believe anybody filed an appeal relative
to the DRC's ruling for the approval of the building
itself, but I definitely have concerns about that.
COMMISSIONER HUDES: Thank you.
CHAIR HANSSEN: And Commissioner Barnett, you had
your hand up.
COMMISSIONER BARNETT: Yes, I noted in Mr. Zake's
email of May 18th there was a reference to a declaration of
restrictions relating to the subdivision and I was
wondering if you felt that there were any provisions of
that declaration that may affect the privacy issue?
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JIM ZAKE: Mr. Barnett, can you repeat that
question; I'm sorry.
COMMISSIONER BARNETT: Yes. As I read your email
of May 18th you mentioned that there's a declaration of
restrictions relating to the subdivision and I was
wondering if that bears on your appeal?
JIM ZAKE: I don't believe it does. I think those
were the original documents when the subdivision was first
developed in the mid-fifties.
COMMISSIONER BARNETT: That satisfies my
question.
CHAIR HANSSEN: And do any other Commissioners
have questions for the Appellant? Okay, it looks like there
are none, so then we will move on and we will ask to have
the Applicant speak for up to five minutes on their behalf.
JOEL PAULSON: Thank you. We see Gary Kohlsaat is
raising his hand, so he is ready to speak for up to five
minutes.
CHAIR HANSSEN: Okay, Mr. Kohlsaat, go ahead, and
I had neglected before, but if you could please state your
name and address for the record.
GARY KOHLSAAT: Good evening, everybody. This is
Gary Kohlsaat. I am at 51 University Avenue, Suite O, Los
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Gatos CA 95030. Nice to see everybody tonight. Can
everybody hear my okay? Am I too loud, too soft?
CHAIR HANSSEN: It's good.
GARY KOHLSAAT: Okay. Normally when we get
Conditions of Approval like this we work with Staff and the
neighbor or concerned person to make sure that the
screening is appropriate, and that was our plan all along,
but the appeal kind of kickstarted it a little bit more. We
were attempting to satisfy the Zake's concerns when we met
with them on July 9th and we met with… We had our landscape
architect and I joined as well.
First of all, we're okay with the 8' fence. It's
6' of solid plus 2' of lattice, and that will go on the
architectural site plan, which will be part of our next set
of documents that Planning Staff will review, but it
doesn't surprise me that the Zakes were concerned about
this, just given the nature of their needs, that they
didn't want to leave it to chance, and so I'm generally
okay with that. I still think that we could have worked
this all out to everybody's satisfaction, but here we are.
So, that being said, the things we talked about
at the site on July 9th were the appropriate screening
materials and the appropriate sizes and locations, and
several things were discussed. The apple tree was kind of a
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contention point. The Zakes loved the apple tree and the
Dehkordis also loved the apple tree; they felt that it
wasn't going to survive. We have actually relooked at the
grading plan where you can see… If you look at these
landscape plans. I don't know, Diego, if you could share
that plan for me. Is that possible, the plan that we gave
you? It's that landscape plan.
Well, anyway, the canopy of the tree does come
into our patio but not necessarily too much into the roof
covering, because we have an open section over the outdoor
kitchen that has no roofing on it at all, so we're talking
about 10% of the canopy—I'm estimating 10% of the canopy—of
the tree conflicting with our roof, so we think that it can
survive and maybe it needs a little bit of soil put around
it. We are raising the house up by 6" from where it is now,
so we have the ability to actually add some topsoil and
cover some of those roots. We felt that that was kind of a
good solution overall for that aspect of it.
And then we talked about the side screening
between the two homes right there in that area. The
difficulty with installing larger podocarpus in 36" size
boxes is they're quite expensive and the 24" box would
probably after a few years catch up to the 36" and be
better established, so it's preferred to plant smaller
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sizes in the long term. But I completely understand their
desire to provide more immediate screening, so what we
talked about doing was raising a planter box, extending the
planter box and replacing it and extending it into our side
yard at the level of their property, which is 3' higher
than our property, and to actually get 3' of height for our
plants. So, we are starting the plants at the elevation of
their house, which you've got an 8' fence and we felt that
we need to put 10' or 11'—I’m sure Jim Zake could refresh
my memory on that—but like 10' or 11' would be the goal.
What we didn't want to do was plant something
that was going to grow to 12', or 15', or 20' because
that's going to block too much from both, so we wanted to
find that intermediate perfect plant and the podocarpus is
an evergreen that grows very well.
The problem with planting a large size box is the
planter box itself needs to be wider to accommodate the
root ball and drainage and everything like that, and so we
are starting to encroach into our side yard quite a bit
with a larger planter in order to handle the larger box.
JOEL PAULSON: Excuse me.
GARY KOHLSAAT: Are we out of time, Joel?
JOEL PAULSON: That's the five minutes there.
GARY KOHLSAAT: That was fast. Can I close?
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CHAIR HANSSEN: Is there one last thing you
wanted to say?
GARY KOHLSAAT: I do. I just want to point out
that not only does their house sit 3' above ours, but part
of their back yard is raised up actually at the next door
neighbor's property level, which is about 2.5' up there, so
when they're talking about some of the privacy screening
they're talking about in their back yard, in the very far
part of their back yard, which is another 2.5', and they're
looking down from about 5.5' down on the Dehkordi's
property. The Dehkordis are not necessarily going to be
looking up because of the 8' fence. I'm happy to take
questions.
CHAIR HANSSEN: All right, so let me see if any
of the Commissioners have questions for you. All right, I'm
not seeing anyone that has raised… Oh, Vice Chair Janoff.
VICE CHAIR JANOFF: Thank you, and thank you, Mr.
Kohlsaat. Did you propose or did you have a discussion
regarding the 24" boxes versus 36" with the Appellant?
GARY KOHLSAAT: We talked about three different
sizes. We talked about the 15-gallon, the 24" box, and a
36" box. If you do the 36" box you're going to space them
farther apart. The landscape architect was highly
recommending going with the 15-gallon because of better
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overall health of the plant in the long term. I normally
use either between 15-gallon and 24" box.
There was some discussion about using something
that would get them more immediate screening, and indeed we
did talk about as long as we could have a reliable water
source during construction to get these things established
now, and I think that's a wonderful plan.
VICE CHAIR JANOFF: Let me just interrupt you for
a second. My question was have you proposed the 24" box
sizes to the Appellant? I understand your discussion about
the benefits of the 24" or the 15-gallon versus the 36",
but have you discussed the 24" option with the Appellant?
GARY KOHLSAAT: We did discuss several, and then
between the Dehkordis and the landscape architect they
decided that the 15-gallon was what they wanted to present,
and so that's what they chose to put on this plan at this
time.
VICE CHAIR JANOFF: Okay, just so I'm clear, the
Appellant is proposing 36" and the owner is proposing 15-
gallon, and you're suggesting 24" is a better compromise.
Is that correct?
GARY KOHLSAAT: I think that's a fair statement,
yes. Yes.
VICE CHAIR JANOFF: All right, thank you.
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GARY KOHLSAAT: Yes, mmm-hmm.
CHAIR HANSSEN: Do any other Commissioners have
questions for the Applicant? Okay, so seeing none we will
move on and this would be the time that we would take
public comments, so I want to find out from Mr. Paulson if
anyone has raised their hand to make comments from the
public.
JOEL PAULSON: Yes, Robert Buxton would like to
speak.
CHAIR HANSSEN: Okay. Go ahead, Mr. Buxton.
ROBERT BUXTON: I hope you started the three
minutes over, please.
JOEL PAULSON: I haven't even started it yet.
ROBERT BUXTON: Okay, I'll tell you when you can
start it, Mr. Paulson. So, can you all hear me?
CHAIR HANSSEN: Yes.
ROBERT BUXTON: Okay, thank you. So thank you,
Madam Chair. Thank you for allowing me to speak this
evening. My name is Bob Buxton. My wife and I have lived at
118 Robin Way for 38 years, two sons in Los Gatos schools,
Cal Poly, UCLA, and we're strongly involved in volunteer
work as someone you know.
This is a very tight knit neighborhood, and when
I say neighborhood I'm speaking of Robin Way, Cardinal
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Lane, and Stonybrook Road; it's comprised of wonderful and
respectful families. Our current position on the
application is as follows:
Number one, support the Appellants, Mr. and Mrs.
Zake, and their right to privacy and quality of life.
Thirty-six inch is going to handle it; they have hired a
landscaper, etc. With the $2 million budget for this home a
few more dollars for the right thing to do for the Zakes is
more than appropriate.
Item number two, because of poor communications
from the beginning of the process we recommend that the
Planning Commission act on Alternative #1, "Continue the
matter to a date certain with special direction."
We look forward to the Planning Commission taking
a leadership role in getting this matter resolved. We're
not that far away. It has been a stressful time for many
residents. There is no need for an appeal to the Town
Council.
A couple of additional comments. I had a memo to
the DRC of May 18th that I don't know if you got it in your
package or not—it wasn't originally there—but I wanted to
point out one part of my May 18th email and that is Exhibit
15. We never approved the project in December and we don't
approve it now. We are supporting the Zake's appeal.
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Exhibit 15 is incorrect in many ways as to the neighbor's
positions. This is when everything started. I wouldn't be
here today if it was done correctly.
Lastly, something that really bothers me is the
portrayal of the existing home to be demolished, and I'm
not saying it shouldn't be demolished, but the original
owner and seller approximately five years ago sold the
property to the current homeowners. The home was in
pristine condition; pristine condition. Lester H. Strickler
and his wife spared no expense on 146 Robin Way. Mr.
Strickler, a well-known and respected land owner,
developer, and financier here in the valley; his business
is Los Gatos Investment Company. The condition stated is an
insult to Mr. Strickler and lacks total respect and it
really bothers me that the house is being portrayed as
falling down, the walls caving in, etc., etc.
Anyway, that's all I have to say and I would be
happy to answer any questions. Thank you very much.
CHAIR HANSSEN: Do any Commissioners have any
questions? Commissioner Hudes.
COMMISSIONER HUDES: This is same question that I
had for the Appellant. There were other issues that were
raised in letters from neighbors about the architecture and
neighborhood compatibility. In your mind are those still
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issues that should be considered or were those issues that
were resolved satisfactorily from your opinion?
ROBERT BUXTON: My opinion is those are still
issues. I'm looking out my office window now at the story
poles and the obstruction of our hillside views. The size
and mass of the building itself does not fit the
neighborhood, but the issue tonight from our perspective is
to totally and completely support the Zakes in what their
desire is for privacy and for sure all the (inaudible), but
Commissioner Hudes, yes, still an issue. And when I say
neighborhood I've told you the three streets, somewhere
around 50% of the neighborhood are not in favor of this
project, but we're here to support the Zakes.
COMMISSIONER HUDES: Thank you.
ROBERT BUXTON: Yes, sir.
CHAIR HANSSEN: Commissioner Badame has a
question for Mr. Buxton.
COMMISSIONER BADAME: Mr. Buxton, thank you. I
just want to clarify your testimony in that although you
had concerns with the architecture and the neighborhood
compatibility, your issue, in order for this to go forward,
is that you want to support your neighbor in that we have
the 36" box plants, and that would be satisfactory despite
the architecture and neighborhood compatibility, since that
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seems to be the issue tonight and that was what you started
your conversation with?
ROBERT BUXTON: Absolutely, again, supporting the
Zakes, 36". Life is too short and we're going to have
obstructed views, the house doesn't fit the neighborhood,
and many well-known realtors in the area agree with that
statement, but we are supporting the Zakes; the rest of it
is what it is. Life is too short, so let's get on with this
and please, I appreciate all your support. Let's just get
it done for the Zakes.
COMMISSIONER BADAME: Thank you, Mr. Buxton.
ROBERT BUXTON: Yes, ma'am.
CHAIR HANSSEN: And do any other Commissioners
have questions for Mr. Buxton. Seeing none, I don't think
there is anyone else from the public in the attendees but I
just want to confirm with Mr. Paulson.
JOEL PAULSON: That's correct.
CHAIR HANSSEN: Okay, so then the next item when
we're doing an appeal would be to go back to the Applicant
first and then the Appellant and give them each three
minutes to respond to questions from the public or give any
final comments to the Commission before we begin our
deliberations. So, I'll ask the Applicant to speak. You
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have up to three minutes to respond or add any additional
comments.
GARY KOHLSAAT: Thank you. I do want to say that
we haven't given up working with the Zakes. This is by far
not our best and final offer; this was just something that
was a result of our meeting not only with the Zakes but
with the owner and landscape architect. We respect the
process, we respect the Town Staff. We'll make sure that
everybody is done right by this.
I didn't have a chance earlier to comment about
the architecture. We did change it fairly dramatically in
terms of simplifying it after our first DRC hearing. We
changed it once after we got Mr. Cannon's review. We worked
with Staff; they felt it was appropriate. We then changed
it more to simplify it even more to help try to fit it in
with the neighbor's concerns and we lowered the house and
we created more exhibits to really showcase what we've
done.
So, if you are looking at your package and you're
looking at our Sheet A-3 we did a full-color streetscape
with all the neighbors' homes and our home and landscaping
with and without, and you can see how this house we feel is
as respectful as it's going to get in this neighborhood.
I'm proud of this house; I think it's going to be a very
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eye catching house. My hope in the end is that there is
harmony renewed in this neighborhood, especially on Robin
Way. Everybody is very considerate and community minded and
the Dehkordis are there as well. Thank you.
CHAIR HANSSEN: All right, thank you, Mr.
Kohlsaat. It looks like Commissioner Hudes has a question
for you.
COMMISSIONER HUDES: Thank you. Mr. Kohlsaat, the
Staff Report lists seven items that were recommendations
from the consulting architect to address consistency with
the Residential Design Guidelines. In the final plans, the
ones that are being considered now, have these seven items
been addressed?
GARY KOHLSAAT: In my mind we would not have been
at the DRC if they hadn't been addressed. Ms. Zarnowitz and
Mr. Mora were working with us directly quite a bit. When we
made the second round of changes we commented that these
are even more what Mr. Cannon was going for and they said
yes, even though they liked the other one; they were fine
with the other one. Although they're not the arbiters of
architecture they are the professionals and we rely on
them, and you guys rely on them, to get us to this point.
In my mind I think we have. That's a subjective question I
think though, if you agree with that or not.
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CHAIR HANSSEN: Commissioner Hudes, do you have a
follow up question?
COMMISSIONER HUDES: Yeah. I'm just picking one
of them out, #4, "Select a roof material more similar to
the other homes in the immediate neighborhood." Was that
addressed?
GARY KOHLSAAT: That's the one item that seems to
come up quite a bit, but the Design Guidelines are probably
ready for a little update as you see that there are quite a
few of these standing seam metal roofs in Los Gatos. I
think we had another challenge of that roof on another
project and a client of ours went around and found 25
examples without even breaking a sweat.
We changed the color of the roof from the gray to
the brown, and these are not reflective roofs, and these
are very high-quality roofs—they're probably the most
expensive roof you can get besides a slate roof—and I would
say that this has a spirit of ranch houses. You see them
all over the country, this type of roof being used in
modern ranch and modern farmhouse, projects.
CHAIR HANSSEN: Commissioner Hudes still has more
questions.
COMMISSIONER HUDES: This is a follow up. The
homes that you mentioned with the standing seam roofs, are
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they in the immediate neighborhood or the adjacent
neighborhood?
GARY KOHLSAAT: They're in the adjacent
neighborhoods but not in the immediate 2-5-2.
COMMISSIONER HUDES: Okay, thank you.
CHAIR HANSSEN: Do any other Commissioners have
questions or comments for the Applicant? It doesn't seem
like we do so then we will go on and ask the Appellant if
they would wish to comment for three minutes?
JIM ZAKE: Thank you, Ms. Hanssen; greatly
appreciate it. I'm just going to read through a few
observations, concerns, and proposed solutions. Hopefully
I'll be a little more concise now that I've had a chance to
take a breath. Again, I apologize for being a little bit
disjointed initially.
With respect to the plants and the screening, the
privacy, without question the new structure is going to be—
and it's surprising because we're 3' higher—blocking our
views out of that side of our house, so just with respect
to the issue at hand, with respect to the screening, the
observations are as follows:
The proposal was for ten each 15-gallon
podocarpus. They're no more than 6' tall.
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The existing apple tree has a surface root
system. Per the plans the new proposed foundation is going
to encroach well under the canopy and over the exposed root
structure.
The 20 lineal feet of the 12' tall rhododendrons
to be removed was not addressed in the revised plan and
leaves substantial exposure.
The required no less than 8-foot fence was not
reflected in the revised plans.
My concerns:
Bob mentioned this as well—thank you Robert—that
a properly cared for 15-gallon podocarpus takes ten years
to reach the height and girth for the required screening;
that's per the expert consultant that I hired. Thirty-six
inch boxes are what would be required to achieve that.
Gary did repeatedly comment that due to the age
and the surface root structure the apple tree would not
survive. Our consultant also commented that and was in
alignment with that thought process as well. The Dehkordi's
proposal is not in any fashion in alignment with our in-
person discussion and conceptual agreement, so I am very
glad that I went through the Town process. I've never been
through this before but I'm greatly appreciative of this
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process and being able to ensure that everything is
documented and well vetted, so thanks very much for that.
So, the proposed solution again: include in the
revised plans no less than an 8' fence with 6' of solid and
2' of lattice, which we agreed to; provide 20 each, two per
8' section, 36" box podocarpus along the fence line; as
previously planned remove the apple tree; erect the fence
and install the plants prior to the initiation of
construction; and then finally I just want to ensure and
guarantee the proper watering and case of the noted plants
and that we put some sort of requirement to replace any
failed plants within a certain period of time.
And again, I just want to thank the Town very
much for their consideration and for having this process
for us to go through and I look forward to moving it
forward. So, thank you very, very much for the opportunity
to speak.
CHAIR HANSSEN: Okay, thank you very much, and so
any of the Commissioners have questions for the Appellant?
It looks like Commissioner Tavana. No, no. Okay. All right,
do any other Commissioners have questions for the
Appellant? Seeing none, we will close the public portion of
the hearing and ask if any Commissioners have questions of
Staff, wish to comment on the application, or introduce a
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motion for consideration by the Commission? Commissioner
Barnett.
COMMISSIONER BARNETT: Well, if I heard Mr.
Kohlsaat direction he's saying that their position that's
been communicated is not their best offer. It seems to me
it would be appropriate to allow some time for further
conversation.
CHAIR HANSSEN: I think what you're suggesting is
a continuance?
COMMISSIONER BARNETT: That is what I have in
mind, yes.
CHAIR HANSSEN: Okay. I'd like to hear from other
Commissioners on their thoughts on the application.
Commissioner Burch, then Vice Chair Janoff, then
Commissioner Badame.
COMMISSIONER BURCH: (Inaudible) to ask a
question maybe of my fellow commissioners. I am usually one
of the first ones to say that if all they're appealing is
one thing we should only look at the one thing, however in
this particular appeal and in going back through what the
Town Architect had recommended and through some of the
neighbors' letters, aside from the issue about the privacy,
which to me feels like there's probably an easier solution
there that can be met, I am actually struggling with some
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of the elements of the house architecturally as far as how
it fits in with the neighborhood. Now again, I can drop
that there if we all feel that DRC approves that particular
aspect and we don't want to discuss that any further, but I
would like to know if there's anyone else that feels a
concern about that, if we do even want to entertain a
conversation about that?
CHAIR HANSSEN: All right, so let's see. We also
had Vice Chair Janoff and then Commissioner Badame had
their hands up.
VICE CHAIR JANOFF: Thank you. I think it's
respectful to limit the scope of our discussion tonight to
what the Appellant is asking for, and with regard to that,
since we don't have an alternative proposal from the
Applicant, then I find that what the Appellant is
requesting to be reasonable. There seems to be relatively
little conversation that leads to a mutual understanding
and commitment, and so having these four items enumerated:
the quantity 20 36" box; 6' fence with a 2' lattice; the
removal of the apple tree, and installation of the
screening prior to the beginning of construction seem
reasonable to me.
I did want to comment about the apple tree. While
it might be noble to try to save it, if there's any concern
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that it might not be salvageable it's probably wise to
remove it before you wind up in a situation where the item
you're counting on for screening actually doesn't wind up
screening and then you're left in a future state where you
don't have the privacy that you're looking for tonight. So,
I would be in favor of the Appellant's proposal as stated.
With regard to the architecture, I too would like
to make some comments about it. I didn't have a problem
with the standing seam roof; I think those are interesting
and I think they're going to be a part of construction,
particularly in this time period. We've even seen the
standing seam roof on Victorian homes, so it's not
completely inappropriate.
The one item I found odd was the front wood
square box that's still there, the one box that the
architect commented on was tucked under the eave—as you're
looking at the elevation the eave on the left side of the
house—and that front detail looks a little bit odd to me,
but I don't have a huge problem with it if my other
Commissioners don't. I'd be willing to limit tonight to a
decision about the privacy that the Appellant is asking
for.
CHAIR HANSSEN: Thank you, Vice Chair Janoff.
Commissioner Badame.
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COMMISSIONER BADAME: I typically would like to
have a conversation about the architecture, the bulk and
the mass, and the privacy issues, but it looks like we're
not there right now. We're kind of limiting the scope to
what the Appellant is looking for, and I don't see or feel
that the proposal of the Appellant is unreasonable as well.
So, if that can't be resolved tonight or agreed upon
tonight, then I'm also going to be looking for a
continuance.
CHAIR HANSSEN: Okay, thank you, Commissioner
Badame. Do any other Commissioners want to comment at this
point?
I would just like to add my comments. I too noted
that there were extensive comments during the DRC review
process about the bulk and mass of the application and some
comments about maybe some of the square footage might have
been relocated underneath the house in a cellar, and so on
and so forth, but I also agree that it was very consistent
from the comments from the public tonight as well as the
comments from the Appellant that even though those issues
might has been on the table they are willing to limit their
concerns to what was in the appeal, and that's about the
screening between the two homes.
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I also thought that the Appellant was very
specific, went to the trouble of hiring their own expert,
and has made a very specific proposal that I agree with
Vice Chair Janoff doesn't seem unreasonable.
I would prefer if we can get resolution on this
tonight, that if the Applicant is able to agree to those
conditions that we could avoid having to have another
hearing on this subject, but I don't know the best way to
do that so I'm going to ask…
Oh, and we have a comment from Commissioner Hudes
as well.
COMMISSIONER HUDES: Thank you. I'm responding to
Commissioner Burch's comment earlier. With respect to the
privacy issue I'm definitely persuaded that the Appellant
has proposed a reasonable solution to this; maybe it needs
to be tweaked but I basically think that that issue is
resolved.
I personally am still struggling with being able
to make the findings about neighborhood compatibility, but
I'm still thinking about it.
CHAIR HANSSEN: All right, does anyone else wish
to comment on the application? So then I think this would
be a good time, if any of the Commissioners were willing to
make a motion and let's see where we can go with it.
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So, we have an option of denying the appeal and
approving with additional conditions as proposed by the
Applicant. There was one suggestion of continuance. So, I'd
like to see where we're at on that if anyone is willing to
make a motion. All right, I'm not seeing anyone willing to
make a motion. Vice Chair Janoff.
VICE CHAIR JANOFF: My apologies. I would like to
make a motion but I don't have the documents in front of
me; I'm limited to a few pieces of paper, so I don't have
the formal motion language before me, and so I hesitate to
make the motion in case there are formalities that need to
be included but would be willing to do so otherwise.
CHAIR HANSSEN: Okay. Before we do that I did
want to ask Staff a question. If it was the desire of the
Commission to make a motion and there was a vote in favor
of it, wouldn't we need to ask the Applicant if they are
willing to agree to that condition, or would be just make
the motion and say this is the condition and then they have
to decide whether to live with it.
JOEL PAULSON: You would make the motion with the
condition and they would have the opportunity to appeal it
to Council if they weren't comfort with that condition.
CHAIR HANSSEN: I see. Okay. All right, so Vice
Chair Janoff, I think we could probably make it work with
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referring to the findings that are listed in the Staff
Report; it was around the Residential Design Guidelines and
so on and so forth. So, if you wanted to make a motion I
think we could do it and just refer to the findings that
are mentioned in the Staff Report.
And Staff, if you're not okay with that please
say something, but I think you've delineated what all the
findings were in the Staff Report.
JOEL PAULSON: That's been done in the past, so
you can just reference the findings and considerations as
illustrated in the Staff Report.
CHAIR HANSSEN: Okay, so take it away, Vice Chair
Janoff.
VICE CHAIR JANOFF: Okay, thank you. I, in
reference to the Appellant's subject property and in
reference to the findings and the conclusions in the Staff
Report, move to amend the Staff recommendations to include
the four points of proposal that the Appellant has
provided, which we've already enumerated and is part of the
record as part of the Conditions of Approval.
CHAIR HANSSEN: So, your motion is to deny the
appeal with the condition of amending the Conditions of
Approval?
VICE CHAIR JANOFF: Yes, thank you.
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CHAIR HANSSEN: Okay, all right. I just want to
make sure I got it right. So then do we have a second?
Commissioner Badame has her hand up.
COMMISSIONER BURCH: I move it. So seconded.
CHAIR HANSSEN: All right, Commissioner Badame
seconds the motion. Do any Commissioners want to make any
additional comments before we take a vote? Seeing none,
then we will do a roll call vote and please answer yes, no,
or abstain. Commissioner Badame.
COMMISSIONER BADAME: Yes.
CHAIR HANSSEN: Commissioner Tavana.
COMMISSIONER TAVANA: Yes.
CHAIR HANSSEN: Commissioner Burch.
COMMISSIONER BURCH: I'm actually going to say
no, knowing that I believe this is going to pass, but only
because I'm really struggling with the architecture,
particularly the roof, so I'll say no.
CHAIR HANSSEN: Okay, that's fine. And then
Commissioner Hudes.
COMMISSIONER HUDES: No.
CHAIR HANSSEN: Commissioner Barnett.
COMMISSIONER BARNETT: Yes.
CHAIR HANSSEN: Vice Chair Janoff.
VICE CHAIR JANOFF: Yes.
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CHAIR HANSSEN: And then I vote yes as well, so
it passes 5-2, and are there any appeal rights on this
decision?
JOEL PAULSON: There are, thank you, Chair.
Anyone who is not satisfied with the decision of the
Planning Commission can appeal that decision to the Town
Council. The appeal forms can be found online and they must
be submitted. There is a fee for filing the appeal and the
appeal must be filed within ten days.
CHAIR HANSSEN: Okay, thank you very much. So
that concludes Item 2 on the agenda.