1999-181-An Appeal Of A Decision Of The Planning Commission Denying A Minor Residential Development Application To Construct A Second Story Addition~ ~
RESOLUTION 1999 -151
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS REMANDING
TO THE PLANNING COMMISSION AN APPEAL OF A DECISION OF THE PLANNING
COMMISSION DENYING A MINOR RESIDENTIAL DEVELOPMENT APPLICATION TO
CONSTRUCT A SECOND STORY ADDITION
AND MINOR ARCHITECTURE AND .SITE APPLICATION TO :PROJECT
INTO THE REQUIRED SETBACKS ON A NONCONFORMING LOT ZONED R-1D LHP
PROJECT APPLICATION: PRJ-98-107
PROPERTY LOCATION: 229 UNIVERSITY AVENUE
PROPERTY OWNER/APPLICANT/APPELLANT: GREGORY RYAN CRONIN
WHEREAS:
A. This matter came before the Town Council for a continued public hearing on
November 22, 1999, on an appeal by Gregory Ryan Cronin (property owner, applicant, and
appellant) from a decision of the Planning Commission and 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 wishedto 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 20, 1999, November 1, .1999,
November '10, 1999 and November 22, 1999, along with subsequent reports and materials prepared
concerning this application.
C. The applicant is requesting approval to remove a 122 square foot addition and add
275 square feet on the first floor and 227 square feetfor a new second floor to an existing 548 square
foot single family residence located at 299 University Avenue. Total square footage for the
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residence will be 928. A 252 square foot cellar and the construction of a new front porch is also
proposed.
D. The Los Gatos Historic Preservation Committee considered the application on August
5, 199$ ,July 7, 1999 and August 4, 1999. The Development Review Committee last considered
the application on August 10,1999. The Planning Commission considered the matter on September
22, 1999 and denied the application.
E. The appellant is appealing the Planning Commission's decision on grounds that the
Planning Commission did not have the discretion to modify the intent of the definition of a
demolition of a historic structure.
F. Council finds that the demolition permit requirement for historic .structures includes
projects that would demolish "non historic" elements on a historic .structure.
G. Council sees merit in the project and further notes that Planning Department staff
believes that the findings can be made to grant a variance of the residential off street parl~ing.
requirements that would otherwise be applicable as a condition of approving a demolition permit.
H. Council therefore remands the appeal to the Planning Commission in order to allow
the applicantto modifythe application to seelc both a demolition permit for the historic structure and
a variance of the residential off street parl~ing requirements. In remanding the matter to the Planning
Commission, the .applicant shall not be required to obtain historic reports that would otherwise be
required for demolition permits for historic structures.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Proj ect Application PRJ-
98-107 is hereby remanded back to the Planning Commission to enable the applicant to modify the
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application to seek a variance of residential off street parking requirements and a demolition permit
for the historic structure. The review shall not require a special report from the applicant.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, on the 6t'' day of December,1999 by the following vote.
COUNCIL MEMBERS:
AYES:. Randy Attaway, Jan Hutchins, Linda Lubeck, Joe Pirzynski,
Mayor Steven Blanton.
NAYS : None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYO OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST.:
CLERK DF THE TOWN OF LO ATOS
LOS GAT'C)S, CALIFORNIA
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