2000-138- Denying Appeal Of A Planning Commission Decision Denying A Request To Demolish An Existing Single Family Residence And To Construct A New Residence Which Exceeds The Far And To Reduce The Number Of Required Parking Spaces For Property1
RESOLUTION 2000 -138
RESOLUTION DENYING APPEAL OF A PLANNING COMMISSION
DECISION DENYING A REQUEST TO DEMOLISH AN EXISTING SINGLE FAMILY
RESIDENCE AND TO CONSTRUCT A NEW RESIDENCE WHICH EXCEEDS THE FAR
AND TO REIDUCE THE NUMBER OF' REQUIRED PARKING SPACES FOR PROPERTY
LOCATED IN THE R-1D:L,HP ZONE.
ARCHITECTURE AND ..SITE APPLICATION: 5-99-15
VARIANCE APPLICATION: V-0-4
PROPERTY LOCATION: 209 EDELEN AVENUE
.PROPERTY OWNER/APPLICANT/APPELLANT: ROBERT & PATRICIA PEEBLES
WHEREAS.:
A. This matter came before the Council for public hearing on November 6, 2000, on an
.appeal by Robert and Patricia Peebles, applicant/appellant, from a decision of the Plaimng
Commission and was regularly noticed in conformance with State and Town law.
B. The Council received testimony and documentary evidence from the appellant and
all interested persons who wished to testify or submit documents. The 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, 2000, along
with subsequent reports and materials prepared concerning this application.
C. Applicant/appellant is :requesting approval to demolish a 1,1.54 square foot one story
single family residence and to construct a 1,682 square foot two story single family residence on a
5,500 square foot lot. The site also contains a 440 square foot legal secondary dwelling unit.
Applicant/appellant is also requesting approval of a variance to not meet the required parking. of two
spaces for the new house.
D. Appellants are appealing the Planning Commission's denial of the applications
because they believe that the Commission did not have the discretion to deny the applications, since
the design of the house was consistent with the neighboring structures, some of which exceed the
FAR.
E. The Planning Commission decision was correct.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Architecture and Site
Application 5-99-15 and Variance Application V-0-4 is therefore 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 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 20"' day of November, 2000 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steve Blanton, Jan Hutchins, Linda Lubeck,
Mayor Joe Pirzynski
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: ~ ~1~--'
AYOR E TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
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~~~
01~.,
CLERK OF THE TOWN OF O GATOS
LOS G~1TOS, CALIFORNIA s:~aryl3.res