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19 Desk Item - 980 Cherrystone Drivetow n o iR~ !ps G A1~S DATE: TO: FROM: SUBJECT REMARKS : COUNCIL AGENDA REPORT January 16, 2007 MEETING DATE: 1/16/2007 ITEM NO: 19 DESK ITEM MAYOR AND TOWN COUNCIL DEBRA J. FIGONE, TOWN MANAGER CONSIDER AN APPEAL OF A PLANNING COMMISSIONER DECISION DENYING A REQUEST TO CONSTRUCT AN ADDITION THAT EXCEEDS THE ALLOWABLE FLOOR AREA RATIO ON PROPERTY ZONED R-1:8. APN 523-12-039. ARCHITECTURE AND SITE APPLCATION S-02-33 PROPERTY LOCATION: 980 CHERRYSTONE DRIVE PROPERTY OWNER/APPELLANT: JOAN HINKIN The attached letters from the appellant (Attachment 9) and from David Schwartz (Attachment 10) were received after the report on this matter was finalized. Attachments: 1-8. Previously submitted 9. Letter from the appellant, received January 11, 2007 10. Letter from David Scwartz, received January 16, 2006 11. Letter from Koichi and Hiroko Yamada received January 16, 2007 BNL:RT:JP PREPARED BY: BUD N. LORTZ DIRECTOR OF COMMUNITY DEVELOPMENT N:ADEV\CNCLRPTS\2007\980Cherr stoneDesk.doc Reviewed by: Assistant Town Manager Town Attorney Clerk Administrator Finance Community Development RECEIVED January 3,2007 JAN 11 2007 To Members of Los Gatos Town Council: TOWN OF LOS GATOS We are appealing the Planning Commission Denial because it was based BbANNING DIVISION misinformation. Also, our neighbors were given the wrong information. When we started this project, we described it to our inunediate neighbors. It was to be an addition over the garage, and extended out back. Because of evergreen trees that are well established, the addition would not change anyone's view. They seemed to understand because of our large family we needed the extra room. Adult size children with dates and mates cannot share rooms or bunkbeds. Also, a similar addition had already been done at 975 Cherrystone, and there was no objection to that project, or our proposed plans. Apparently, the FAR has been changed since that time. As far as we know, this was an arbitrary decision, with no input from the neighborhood. We have not been given a reason for this change. When we showed the finished plans to our immediate neighbors, they were very upset. One neighbor suggested that we planned on opening a B&B, and convinced the other that it would be a boarding house at least. This was, and will never be our plan. I do not think they are aware that we have five bedrooms and two full baths upstairs now. What we want to do is enlarge the rooms just enough to be able to put a queen size bed in the room. It would also allow us to add one bedroom, and downstairs, enlarge the family room so we can all gather there. We did change the plans, and reduced the addition by almost 1000 square feet (by eliminating the extension over the garage and reducing the extension to the back). When we went before the Planning Commission, the architect was late in providing the- redone plans. He sent the requested copies without our review. Also, the storypoles were done off those plans. They were wrong. They have since been redone, and the storypoles have been corrected. We have sent a letter to all the neighbors (15) in the immediate neighborhood inviting them to review the plans, and discuss any objections or concerns. As of this writing we have had only positive feedback. We are respectfully requesting you to overturn the Planning Commission decision, and have them review the corrected plans. We thank you in advance for your time and consideration. incerely, oan M Hinkin and Michael D.Hinkin ATTACHMENT 9 David L. Schwartz 976 Cherrystone Drive Los Gatos, CA 95032 January 15, 2007 Town Council, Town of Los Gatos Architectural and Site application S-02-33 (980 Cherrystone) The Architectural and Site application S-02-33 that has been submitted for your consideration should be denied. First and foremost it is not in compliance with the Los Gatos "Floor Area Ratio", FAR. The Planning Commission voted 7-0 to deny approval and I feel the Council should not override this vote. The FAR was put into place to maintain the compatibility of all the homes in our neighborhood area. The plans that have been submitted appear to be a three (3) story structure with a large basement. The height of the roof line and its large flat design does not blend in with the homes that are in this area. This design would lead me to believe that this attic area is intended to be finished into living space and thus should be considered in the FAR calculation. Reference the 3 dormer windows on the 3~d floor. The plans originally shown to me by the applicant had ten (10) bedrooms and I believe five and half (5.5) bathrooms. It has been reduced somewhat according to the latest plan, but it is still has many rooms for the occupants. What could be the reasons why these applicants would want or need all this space? My house (976 Cherrystone Dr.) is right next door to the applicants. The street cleaner has not been able to clean the last portion of our street gutter for many years because of the vehicles that have been continuously parked in front of the applicants house. Cherrystone Drive narrows into a one-way, right hand turn only exit. There is NO parking allowed across the street (creek side) through too Blossom Hill Road. If this plan is approved what would be the impact on parking of vehicles in front of the structure? What is the proposed plan, a remodel or a major demolition with a new home to be constructed? Tearing down the vast majority of the current structure and then digging a basement would be in my opinion a new home construction. The proposed construction plans of this building will cast an eclipsing dark shadow onto our house and into the backyard area. Thank you for your careful consideration of this letter and I request that the Town Council deny this appeal. ATTACHMENT / I regret that I am unable to attend the Town Council meeting, January 16, 2007, as I had business out of town. S* cerely, David L. SchwaAz Mid