2000-112-Granting In Part An Appeal Planning Commission Decision Approving A Request To Construct To Construct A New Single Family In An Area And To Relocate A Lot Line On Property Zone R-1:8 Project Application: S-99-20, M-99-11. PropertRESOLUTION 2000 -112
ADOPT RESOLUTION GRANTING IN PART AN APPEAL OF THE PLANNING
COMMTSSION DECISION APPROVING A REQUEST TO CONSTRUCT A NEW SINGLE
FAMILY RESIDENCE AND A DETACHED GARAGE WHICH EXCEEDS 450 SQUARE
FEET IN AN AREA AND TO RELOCATE A LOT LINE ON PROPERTY ZONE R-1:8.
PROJECT APPLICATION.: 5-99-20, M-99-11.
PROPERTY LOCATION: WEDGEWOOD AVENUE (LOT 1).
PROPERTY OWNER: UNION BANI~ OF CALIFORNIA, TRUSTEE, ET AL.
APPLICANT: STERN & CHAMPION HOMEBUILDERS.
APPELLANT; DORI FONTAINE.
WHEREAS:
A. This matter came before the Council for public hearing on August 7, 2000 and
continued to September 5, 2000, on an appeal by Dori Fontaine from a decision of the Planning
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 Planing Commission proceedings and
the packet of material contained in the Council Agenda Report dated July 27, 2000 and August 25,
2000, along with subsequent reports and materials prepaied concerning this application.
C. Applicant. is requesting approval of a .lot line adjustment and architectural and site
approval to construct two single family homes on parcels zoned R-1; 8, as follows:
Lot 1 -approval to build a 3,450 square foot two story single family residence with
a detached 700 square foot three car garage on a proposed 15,901 square foot parcel zoned R-1:8.
The detached garage will be behind the residence and access to the garage will be through a porte-
cochere.
Lot 2 -approval to build a 3780 square foot, two story single family residence with
a detached 700 square foot, three car garage on a proposed 13;393 square foot parcel zoned R-1:8.
This resolution addresses the actions taken regarding the lot line adjustment and Lot 1.
D. The stated grounds ofthe appeal of t11e Planning Coirunission's decision is appellant's
belief that the Commission erred or abused its discretion and did not adequately consider the
negative traffic, drainage .and wildlife impacts .associated with the proposed construction of the two
homes.
E. Pursuant to Town Code section 29.20.300, Council finds that the Planning
Commission erred in concluding that the proposed house was consistent with the existing
neighborhood in terms of mass, scale and design features. The record demonstrates that t11e maj ority
of the homes on Wedgewood in the neighborhood of the proposed house are smaller in scale and
appear less massive than the subj ect house. While a small number of newer homes such as fhe house
located at 17701 Wedgewood, constructed in 1997, are larger than the subject house,. they are
exceptions to the general appearance of the neighborhood and represent aberrations rather than the
appropriate trend of development in t11e neighborhood.
F. The Planning Commission decision concerning Subdivision application M-99-11,
specifically the single driveway plan, was correct.
RESOLVED;
1. The appeal of .Subdivision application M-99-11 is denied and the P1amling
Commission's approval of the application with the single driveway access is therefore approved.
2. With reference to Lot 1, the appeal of the decision of the P1aruling Commission on
Proj ect Application 5-99-20 is granted and the application is remanded to the Planning Commission
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to review revised plans that are smaller in scale and mass and with architecture and building
materials in keeping with the neighborhood.
3. The decision on Subdivision ApplicatonM-99-11 constitutes a final administrative
decision pursuant to Code of Civil Procedure section 1094.6 as adopted by Section 1.10.085 of t11e
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 or federal law.
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, 2000 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:
S GA'fOS
ATTEST
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CLER,y ~OF' 'I'~fIE TOWN OF O GATOS
LOS GATOS, CALIFORNIA
GATOS, CALIFORNIA
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