2000-094-Denying An Appeal Of A Planning Commission Decision To Approve A Request To Demolish And Construct A New Family Residence On Property Pre-Zoned R-1:8 Architecture And Site Application : S-00-3 Property Location: 15941 Linda Avenue.
RESOLUTION 2000 - 94
RESOLUTION DENYING AN APPEAL OF A PLANNING COMMISSION
DECISION TO APPROVE A REQUEST TO DEMOLISH AND CONSTRUCT A
NEW SINGLE .FAMILY RESIDENCE ON PROPERTY PRE-ZONED R-1:8
ARCHITECTURE AND SITE APPLICATION: 5-00-3
.PROPERTY LOCATION.: i 5941 LINDA AVENUE.
PROPERTY OWNER /APPLICANT: DAVE AND JULIE MEYER
APPELLANT: DAN DAI,Y AND BARBARA ERYSIAN
WHEREAS:
A. This matter came before the Council for public hearing on June 19, 2000, on an appeal by Dan
Daly and Barbara Erysian .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 Plaming Commission proceedings and the packet of material contained
in the Council Agenda 'Report dated June 9, .2000,. Addendum dated June 14, 2000, and Desk Item dated June
19, 2000,. along with subsequent reports and materials prepared concerning this application.
C. The applicant is proposing to demolish three structures (two houses and a shed) on the property.
The structures consist of a front house and a newer.illegal house in the back approximately 73 feet away from
the rear property Line. Two of the existing structures do .not conform with required setbacks and appear to
have been remodeled several times without permits. The proposed two story house will contain a total of
3,022 square feet and a 550 square foot detached garage.
D. The application was reviewed by the Development Committee onMarch 17, 2000 and deemed
complete. On April 26, 2000, the Planning Commission considered and approved the application (5-00-3)
to demolish the existing residence and construct a new single family home on property prezoned R-1:8. The
project site is located in the. County of Santa Clara; therefore, as part of the approval a condition is included
that requires the applicant to obtain proper permits and approval for annexation into the Town's jurisdiction.
E. Appellant claims that the Planning Commission erred or :abused its discretion and approved
the project "even though the proposed structure will diminish the quality of life and compromise the existing
character of our property, 15960 Stephenie .Lane".
F. The .Planning Commission decision was correct.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Architecture and Site Approval S-
00-3 is therefore denied.
2. The decision constitutes a final administrative .decision pursuant to Code of Civil Procedure
§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§ 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 l Ot" day of July, 2000 by the following vote.
COUNCIL MEMBERS:
AYES.:
NAYS:
ABSENT:
ABSTAIN;
Randy Attaway, Linda Lubeck, Joe Przynski,
Mayor .Steven Blanton.
None
Jan Hutchins
None
SIGNED
ATTEST;
CL/ERK'~OF THE TOWN OF L~ GAT,/O1S~
LOS GATOS, CALIFORNIA
MA OR OF THE TO OF LOS GATOS
LOS GATOS, CALIFORNIA
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