2000-114- Granting And Remanding An Appeal Of A Decision From The Planning Commission Approving A Request To Demolish A Main Structure Which Includes A Secondary Dwelling Unit And To Construct A New Single Family Residence On Property Zoned R-1dRESOLUTION 2000 - 114
RESOLUTION GRANTING AND REMANDING AN APPEAL OF A DECISION FROM THE
PLANNING COMMISSION APPROVING A REQUEST TO DEMOLISH A MAIN STRUCTURE
WHICH INCLUDES A SECONDARY DWELLING UNIT AND TO CONSTRUCT A NEW
SINGLE FAMILY RESIDENCE ON PROPERTY ZONED R-1D:LHP
ARCHITECTURE AN'D SITE APPLICATION: 5-00-15
PROPERTY LOCATION: 69 BROADWAY
PROPERTY OWNER /APPLICANT: DAVID AND LAURIE ZICOVICH
APPELLANT:. GARY EHLERT
WHEREAS:
A. This matter came before the Town Council for public hearing on .September 5, 2000 on
an appeal by Gary Ehlert from a decision of the Planning Commission to demolish a main structure and
construct a new single family residence 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, but not limited to, the record of the Planning Commission proceedings, the
packets of material contained in the Council Agenda Reports dated August 25, 2000., Addendum dated
August 31, 2000 and the Deslc Item dated .September 5, 2000..
C. The applicant is requesting approval to demolish a 1,5.36 square foot residence which
contains a secondary dwelling uriit and to construct a 1,818 square foot two story single family residence
with a 1,185 square foot cellar and an attached 500 square foot two car garage.
ID. On July 12, 2000 the Planning Commission .considered and approved the application. In
an effort to mitigate the .appellant's concern, a condition was added to increase the front set back by five
feet.
E. Council finds pursuant to Town Code Section 29..20.300 that new information was
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submitted to the Council during the requested hearing that was not readily :available at the time of the
Planning Commission review specifically concerning the timing of the demolition of the secondary
dwelling unit atthe rear of the structure, which the applicant testified can be completed early in the project
which would effectively clear the parcel so that the Planning Commission to consider the possibility of
locating the house further towards the rear of the lot.
RESOLVED:
The appeal ofthe decision ofthe Planning Commission on Architectureand Site Application 5-00-
15 is therefore granted .and the application is remanded to the Planning Commission in order to evaluate
the possibility of locating the proposed single family residence further back on the lot and. also to review
the application in light of Town of Los Gatos General P1an2000 general policy CD.P,1.11 providing that
"[n] ew structures or remodels that will affect existing scenic views of neighbors shall be :designed so that
all affected properties have equitable access to views."
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California held on the 18t'' day of September, 2DD0, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Jan Hutchins, Linda Lubeck, Joe Pirzynslci,
Mayor Steven Blanton
NAYS: None
ABSENT: None
ABSTAIN.: None
SIGNED:
ATTEST; ~'~
~,~~ <
CLERK OF TFIE TOV+IN OF LO ATOS
LOS GAT~OS, CALIFORNIA
LOS GATOS,
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