2000-099-Granting An Appeal Of A Planning Commission Decision Requesting Approval To Construct An Accessory Living Quarter And A Variance Application To Exceed The Allowable Height On Property Zoned Hr-2.5. Conditional Use Permit.RESOLUTION 2000 - 99
RESOLUTION GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION
REQUESTING APPROVAL TO CONSTRUCT AN ACCESSORY LIVING QUARTER AND
A VARIANCE APPLICATION TO EXCEED THE ALLOWABLE HEIGHT ON PROPERTY
ZONED HR-2.5.
CONDITIONAL USE PERMIT APPLICATION; U-00-1
VARIANCE APPLICATION.: V-00-1
PROPERTY LOCATION: 15690 GUM TREE LANE
PROPERTY OWNER/ APPELLANT: ERIC HAMILTON
WHEREAS:
A. This matter came before the Council for public hearing on .July 17, 2000., on an
appeal by Eric Hamilton 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 Planning Commission proceedings
and the packet of material contained in the Council Agenda Report dated July 17, 2000, along
with subsequent reports and materials prepared concerning. this application.
C. Appellant is requesting approval to construct an accessory living quarter and a
variance application to exceed the allowable height of 15 feet on a nine (9) acre parcel of
property zoned HR-2.5.
D. The basis of the appeal is appellant's belief that the Commission lacl~ed the
discretion to address errors that appellant alleges were made by the Town in May 199$ which
resulted in the expiration of the original conditional use permit.
E. Council .finds as follows:
(1) :Pursuant to Town Code section 29.20.300 that this matter presented an
issue or policy over which the Planning Commission did not have discretion to modify or
address, but which is vested in the Council for modification or decision; to wit, w11et11er, in light
of the facts of this application, special conditions exist that would make enforcement of the
provisions of the Town zoning code result in undue .hardship within the meaning of Town Code
section 29.20.165.
(2) Pursuant to 'Town Code sections 29..20.165 and 29..20.170, because of
special circumstances applicable to the property, including the size and topography of the
property that would reduce the visual impact of the proposed project, and the hillside location of
the property that throughout the 1996 through 1998 El Nino condition when appellant's original
permit was .active made development in the hillside areas difficult, the strict application of the
provisions of the Town :zoning code deprives the subject property of privileges enjoyed by other
property in the vicinity and under identical zone including the ability to Have constructed an
accessory .structure in excess of 15 feet, which would have. been possible under the original
permit.
(3) Pursuant to Town Code section 29.20.170, the granting of a variance
would not constitute a grant of special privileges inconsistent with the limitations upon other
properties in the vicinity and zone in which such property is situated because appellant had a
permit to construct an accessory structure at the desired height consistent with prior Town
regulations, but was denied the ability to construct said structure consistent. with the permit due
the 1996 through 1998 El Nino condition when appellant's original permit was active made
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development in the hillside areas difficult.
(4) Pursuant to Town Code section 29.20..190, the proposed use of the
property is essential or desirable to the public convenience or welfare, will not impair the
integrity and character of the zone, would not be detrimental to the public health, safety or
general welfare and is in harmony with the .elements and objectives of the General Plan because
the proposed use is a low density use that preserves the traditional rural setting, unidue terrain
and natural topography and integrity of the hillside area consistent with the goals and policies for
properties located within the Hillside Residential designation of the General Plan; because
accessory structures are allowed in all residential zones including the HR-2.5 zone; because the
structure will be situated on the northwesterly corner of a nine (9) acre parcel and will be
substantially hidden from neighboring properties and .from the valley floor; and because the
Town Code allows for variances .from the strict application of zoning regulations.
(5) The project is categorically exempt pursuant to section 15303 of the State
Environmental Guidelines as .adopted by the Town.
RESOLVED:
1. The .appeal of the decision of the Plam~ing Commission on Conditional Use
Permit Application U-00-1 and Variance Application V-00-1 is .granted and the applications .are
approved subject to the conditions of approval attached hereto as Exhibit "A" to this resolution
and by this resolution, incorporated herein.
2. This constitutes a final adjudicatory administrative decision subject to judicial
review within the time limits specified in section 1094.6 of the California Code of Civil
Procedure, the provisions of which have been adopted by the Town of Los Gatos.
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PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California held on the 7`" day of August, 2000 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 THE TOWN OF LO~ GATOS
LOS GATOS, CALIFORNIA
~iA U~, C;AL1N VKNlA
S;\ATY87.12
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