09 Staff Report - 16750 Fraley Road~°W N 0
SOS `PAZ°S COUNCIL AGENDA REPORT
DATE: January 12, 2006
TO: MAYOR AND TOWN COUNCIL .
FROM: ORRY P. KORB, TOWN ATTORNEY/
MEETING DATE: 01-17-2006
AGENDA ITEM: n
SUBJECT: ADOPT RESOLUTION DENYING AN APPEAL OF A DECISION OF THE
PLANNING COMMISSION APPROVING A SECOND STORY ADDITION ON
PROPERTY ZONED R-1:8. PROPERTY LOCATION: 16750 FARLEY ROAD.
ARCHITECTURE & SITE APPLICATION: S-05-063. PROPERTY OWNER: GLEN
AND MELISSA WAGNER. APPLICANT: DAVID BRITT. APPELLANT:
WILLIAM SHELLOOE.
RECOMMENDATION:
Adopt resolution confirming Council action on December 19, 2005.
DISCUSSION:
On December 21, 2005, Council denied an appeal of a decision of the Planning Commission approving a
second story addition on property located at 16750 Farley Road. The attached resolution finalizes that decision.
Attachments: Resolution
Distribution: William Shellooe, 16742 Farley Road, Los Gatos CA 95032
Glen & Melissa Wagner, 16750 Farley Road, Los Gatos CA 95032
David Britt, 108 N. Santa Cruz Avenue, Los Gatos CA 95030
PREPARED BY: ORRY P. KORB, TOWN ATTORNEY OPK:/wp [N:\ATY\Report 16750 Farley.wpd]
Reviewed
Manager
- U Finance
Rev: 1/12/06 5:20 pm
Reformatted: 7/19/99
Assistant Town Manager Clerk Administrator
Community Development
File# 301-05
RESOLUTION 2006 -
RESOLUTION DENYING AN APPEAL- OF A DECISION OF THE PLANNING
COMMISSION APPROVING A SECOND STORY ADDITION ON
PROPERTY ZONED R-1:8.
PROPERTY LOCATION: 16750 FARLEY ROAD.
ARCHITECTURE & SITE APPLICATION: S-05-063.
PROPERTY OWNER: GLEN AND MELISSA WAGNER.
APPLICANT: DAVID BRITT.
APPELLANT: WILLIAM SHELLOOE.
WHEREAS:
A. This matter came before Council for public hearing on December 19, 2005 on an
appeal by William Shellooe (appellant) from a decision of the Planning Commission as was
regularly noticed in conformance with State and Town law.
B. Council received testimony and documentary evidence from the appellant and all
interested persons who wished to testify 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 October 26, 2005, along with
subsequent reports and materials prepared concerning this application.
C. The applicant, David Britt, seeks approval of an architectural and site application for
a 511 square foot addition to the first floor of a single family home and a 1,071 square foot
second story addition.
D. The Planning Commission considered this matter on October 26, 2005 and
approved the application with conditions. Due to the non-conforming size of the lot and a
dispute over access rights to an existing two-car garage, the project does not meet the off-street
parking requirement for a single family home. The Planning Commission made the required
findings in Section 29.10.150(h) to exempt this project from off-street parking space
requirements.
E. The -appellant contends that the Commission erred or abused its discretion and that
the decision.was not based on evidence in the record or the recommendations of Town staff.
F. The Planning Commission decision was correct. The findings of the Commission
are, by this reference, incorporated herein.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Architecture and Site
Application S-05-063 is denied.
2. The conditions of approval as approved by the Planning Commission on October
26, 2.005, are incorporated herein by this reference.
3. The decision constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1094.6 as adopted by section 1.103085 of the Town Code of the Town of Los
Gatos. Any application for judicial relief from 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 of the Town Council of the Town of Los
Gatos, California, on the 17" day of January, 2006, by the following vote.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR
TOWN OF LOS GATOS, CALIFORNIA