11 Staff Report - 642 San Benito Avenue
J } DATE: TO: FROM: COUNCIL AGENDA REPORT August 5,2004 MAYORAND TOWN COUNCIL "..,.\] ORRY P. KORB, TOWN ATTORNEy{J\V MEETING DATE: ITEM NO. 8/16/04 SUBJECT: ADOPT RESOLUTION DENYING
AN APPEAL OF A PLANNING COMJ\lISSIONDECISIONAPPROVING CONSTRUCTION OFA SECOND STORY ADDITION TO APRE-1941 RESIDENCE ONPROPERTYZONED R-1D. ARCHITECTURE AND SITE APPLICATION 8-04-21. PROPERTY
LOCATION: 642 SAN BENITO AVENUE. PROPERTY OWNER/APPLICANT: THOMAS SCHAUB. APPELLANT: JULIE LIVINGSTON. RECOMMENDATION: Adopt resolution confirming Council action on August 2, 2004. DISCUSSION:
OnAugust 2,2004, Council denied the appeal ofa decision ofthe Planning Commission concerning the construction of a second story addition to a pre-1941 residence located at 642 San Benito
Avenue. Attachments: Resolution Distribution: Thomas Schaub, 1873 Grand Teton Drive, Milpitas, CA 95035 Julie Livingston and HamishFallside, 644 SanBenito Avenue, Los Gatos, CA95030
PREPARED BY: ORRY P. KORB, TOWN ATTORNEY OPK:LMB/wp [N:\ATY\San-Benito.TCR.wpd] Reviewed by: Rev: 8/5/04 10:33 am Reformatted: 7/19/99 own Manager .0 b:J Assistant Town Manager Finance
Community Development Clerk File#301-05
RESOLUTION RESOLUTION DENYING AN APPEAL OF A PLANNING COMMISSION DECISION APPROVING CONSTRUCTION OF A SECOND STORY ADDITION TO A PRE-1941 RESIDENCE ON PROPERTY ZONED R-ID. ARCHITECTURE
AND SITE APPLICATION S-04-21. PROPERTY LOCATION: 642 SANBENITO AVENUE. PROPERTY OWNERJAPPLICANT: THOMAS SCHAUB. APPELLANT: JULIE LIVINGSTON. WHEREAS: A. This matter came before Council
for public hearing onAugust 2, 2004, on an appeal by Julie Livingston, from a decision of the Planning Commission, and was regularly noticed in conformance with State and Town law. B.
Council received testimony and docunientary evidence from the appellant and all mterested persons who wished totestify or submit documents. Council considered all testimony and \, materials
submitted, including the record of the Planning Commission proceedings and the packet. of material contained in the Council Agenda Report dated July 21, 2004, along with subsequent reports
and materials concerning this application. C. The applicant is requestirig approval to add 521 square feet to the first floor and to construct anew_'Z15. sq.uar.e.fo_otsecond
story to. an.exis.ting951 ... residence fOT a total living area of2,249 square feet. The applicant also
proposes to construct a 731 square foot basement and a 462 square foot, two-car detached garage. D. On May 26, 2004, the Planning Commission approved the application subject to conditions.
E. Appellant claims that the Planning Commission erred or abused its discretion and erroneously failed to consider the surrounding neighbors concerns for the solar access.
F. The Planning Commission decision was correct. The findings ofthe Commission are, by this reference, incorporated herein. RESOLVED: 1. The appeal of the decision of the Plann,ing Commission
on Architecture and Site Application S-04-21 is denied. 2. The decision constitutes a final administrative decision pursuant to Code of Civil Procedure section 1094.6 as adopted by section
1.10.085 of the Town Code of the Town of Los Gatos. Any application for judicial relieffrom this decision must be sought within the time limits and pursuant to the procedures established
by Code of Civil Procedure section 1094.6, or such shorter time as required by.State and Federal law. PASSED AND ADOPTED at a regular meeting ofthe Town Council ofthe Town of Los Gatos,
California, on the COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: ATTEST: day of , 2004 by the following vote. SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK OF THE
TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\ATY\San-Benito.RES.wpd