2000-136-Approve Unlawful Demolition And The Reconstruction Of A Single Family Residence With A Second Story Which Project Into The Required Setbacks And The Addition To A Detached Garage WRESOLUTION 2000 - .136
RESOLUTION GRANTING APPEAL OF A PLANNING COMMISSION DECISION
TO APPROVE UNLAWFUL DEMOLITION AND THE RECONSTRUCTION
OF A SINGLE FAMILY RESIDENCE WITH A SECOND STORY
WHICH PROJECT INTO THE REQUIRED SETBACKS AND THE
ADDITION TO A DETACHED GARAGE WHICH EXCEEDS 450 SQUARE
FEET IN AREA ON A NONCONFORMING PROPERTY ZONED R-1:8.
ARCHITECTURE AND SITE.APPLICATION: 5-00-53
PROPERTY LOCATION: 215 BELMONT AVENUE
PROPERTY OWNER/APPELLANTS: DON AND DANA LANGLEY
APPLICANT: E. GARY SCHLOH
WHEREAS:
A. This matter came before the Council for public hearing on November 6, .2:000 , on an appeal
by Don and Dana Langley, property owner/appellants, from a decision of t11e Planning Commission and was
regularly noticed in conformance with State and Town law.
B. The Council received testimony and documentary evidence from the appellants and all
interested persons who wished to testify or submit documents. The Council considered all testimony and
materials submitted, including the record of the Plamling Commission proceediirgs and the packet of
material contained in the Council Agenda Report dated October 5, 2000, October 12, 2000, October 27,
2000- and :addendum dated November 2, 2000, along with subsequent reports and materials prepared
concerning this application.
C. The property owner/appellants seek .approval to legalize an unlawful demolition and to
construct a new single family residence on a nonconforming lot. The residence will have a 1,508 square foot
first floor, a 955 square foot second floor, and a 1,582 square foot cellar. The allowable FAR is .33 and the
proposed FAR is .328..
D. The grounds .for this appeal are the property owner/appellants' belief that the Plamling
Commission granted the neighbors a special privilege in opposition to the application.
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E. Council finds, pursuantto Town Code section29.20.300 thattlle Planning Commission erred
in .approving the application without greater clarity in :designating the appropriate approved design and
chimney location.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Architecture and Site Application
5-00-53 is therefore granted.
2. The conditions of approval attached as Exhibit A, are hereby adopted as the conditions of
approval of this application.
3. 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 t11e 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
or federal law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California held on the 20t'' day of November, 2000 by the following vote.
COUNCIL MEMBERS:
AYES.: Randy Attaway, Steve Blanton, Jan Hutchins, Linda Lubeck,
Mayor Joe Pirzynslci.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
AYOR OF TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST
~` ~ ._~
CLER ~ Q ' ~ ~ F LOS TO
LOS GA.Ta;S, CALIFORNIA s:~aryiz.res
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CONDITIONS OF APPROVAL
215 Belmont Avenue
Architecture and Site Application S-00-53
Appeal of the decision ofthe Development Review Committee to approve an unlawful demolition
and the reconsfiruction of a single family residence with a second story which .projects into the
required setbacks and the addition to a detached garage which exceeds 450 square feet in area
on a nonconforming property .zoned 'R-1 :8.
PROPERTY OWNER: Don -and Dana Langley
APPLICANT: E. Gary Schloh
APPELLANT: Eric and Kate Raff
To the Satisfaction of the Director of Community Development
(Planning Section)
1. EXPIRATION: Zoning approval will expire two years from the approval date pursuant to
Section 29.20.320 of the Town Code, unless the approval has been vested..
2. REVISE PLANS: The plans shall be revised to match the puns approved by the Historic
Preservation Committee, Design A (Exhibit K) (except for the chimney as described in
Condition 2f below):
a. .All windows shall be real wood, true divided light or simulated divided 'fight
casements
b. The chimney at the living room shall be tapered
c. The roof shall be curved above the front door
d. The front stoop shall remain
e. The bay windows at the nook and kitchen shall be eliminated .and the originally
approved windows installed
f. The chimney may be retained at the corner of the house where it has been
constructed
g. Stucco treatment and finish shall be "old world" hand troweled
h. The rear balcony as shown in Design A of Exhibit K, shall be reduced to one-half
of the width of the building, centered on the doors, and 4'/2 feet deep.
i. .The .mechanical chimney shall be removed
3. LANDSCAPING: Neighbors shall work together on landscaping to mitigate each others
concerns, to the satisfaction of the Director of Community Development. This shall include
privacy screening, which can be achieved by ether'landscaping or a wall, around the light
well.
(Building Division)
4. PLANS: The applicant shall submit revised construction plans to the Building Division for
additional .,plan check.
5. CONSTRUCTION PLANS: The Conditions ofApproval shall be stated in full on the cover
sheet of the revised construction plans.
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To the Satisfaction ofthe Director of Parks and Public Works
(Engineering Section)
6. GENERAL. All .public improvements shall be .made according to the latest adopted Town
Standard Drawings and the Town Standard Specifications. All work shall conform to the
applicable Town ordinances. The adjacent public right-of-way shall be kept clear of all job
related dirt and :debris at the end of the day. Dirt and debris shall not be washed into storm
drainage facilities. The storing of goods and materials on the sidewalk andior the street
will not be allowed unless a special permit is issued. The developer's representative in
charge shall be at the job site during all working hours. Failureto maintain the public right-
of-way according to this condition may result in the Town performing the required
maintenance at the developer's expense.
7. ENCROACHMENT PERMIT. All work in the.public right-of-way will require a Construction
Encroachrnent'Permit. All work over $5,000 will require construction security.
8. PUBL'1C 1NQRKS INSPECTIONS. The developer or his representative shall notify the
Engineering Inspector at least twenty-four (24) hours before starting an work pertaining to
on-site drainage facilities., grading or paving, and all work in the Town's right-of-way.
Failure to do so will .result in rejection ow work that went on without inspection.
9. UTILITIES. The developer shall install all utility services, including telephone, electric
power .and all other communications lines underground, as required by Town Code
§27.50.015(b).
10. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all
existing improvements not designated for removal that are damaged or removed because
of developer's operations. Improvements such as, but .not .limited to: curbs, gutters,
sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic
pavement markings, etc. shall be repaired and replaced to a condition equal to or better
than the original condition. Existing improvement to be repaired or replaced shall be at the
direction of the Engineering Construction Inspector, and shall comply with all Title 24
Disabled Access provisions. Developer shall request awalk-through with the Engineering
Construction lnspector before the start of construction to verify existing conditions.
11. SANITARY SEINER .LATERAL. Sanitary sewer laterals are televised by West Valley
Sanitation District and approved by the Town of Los Gatos .before they are used or reused.
Install. a sanitary sewer lateral clean-out at the property line.
(Parks Section)
12. NEW TREES: One field grown or two 72 inch box Oak trees shall be planted in the front
yard. Newly-planted trees sfiall be double-staked., using rubber tree ties and shall be
planted prior to occupancy.
13. GENERAL: All existing trees to remain and newly planted trees shown on the plan are
specific subjects of approval of this plan and must remain on site.
14. BOUGAINVILLEA VINES: Bougainvillea vines shall'be planted along the west side of the
house.
N:WTY\BELMONT.CON
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