2000-086-Granting And Remanding An Appeal Of A Planning Commission Decision Denying A Request To Subdivide A Residential Parcel Into Four Lots And To Demolish A Pre -1941 Single Family Residence On Property Zoned R-1:10 Project Applications: M-RESOLUTION .2000 - 86
:RESOLUTION GRANTING AND .REMANDING AN APPEAL
OF A PLANNING COMMISSION DECISION DENYING A
REQUEST TO SUBDIVIDE A RESIDENTIAL PARCEL INTO FOUR LOTS
AND TO DEMOLISH APRE-1941 SINGLE FAMILY RESIDENCE ON PROPERTY
ZONED R-1:10
PROJECT APPLICATIONS: M-99-18 AND 5-99-40
.PROPERTY LOCATION: 130 NINA COURT
PROPERTY OWNER; JERREL WILSON AND PAUL BOONE
.APPLICANT /APPELLANT: DIVIDEND .HOMES, INC.
WHEREAS:
A. This matter came: before the Council for public hearing on-June 5, 2000, on an appeal by
Dividend Homes,. Inc., the .applicant/appellant, 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 May 26, .2000; the .Desk Item dated June 5, 2000,
along with subsequent reports and materials prepared concerning this application.
C. The applicant applied for a Subdivision Application (M-99-18) and an Architecture and Site
Application (5-99-40) on December 8, 1999 to subdivide a 1.5 acre residential parcel into four lots and to
demolish an existing pre-1941 single family residence. The proposed parcels range from 10,000 square
feet to 21;650 square feet in area. On April 12, .2000, the Planning Commission considered and denied the
application.
D. Dividend Homes, Tnc., the appellants, appeal the Planning Commission decision because they
believe that the Commission erred or abused its discretion in denying the approval of the proposed
subdivision.
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E. Council finds pursuant to Town Code section 29.20:300 that there was an error on the part
of the Planning Commission regarding the amount of proposed grading and that new information was
submitted to the Council during the appeal process that was not readily and reasonably available for
submission to the Commission, to wit, a new proposed subdi~isonmap thatsignificantlyrelocatedioad and
parcel locations.
:RESOLVED:
The appeal of the decision of the Planning Commission on Proj ect Applications M-99-18 and 5-99-
40 is therefore granted and the applications are remanded to the Planning Commission for evaluation of the
new proposed subdivision map and architecture and site plan and design with reference to the retaining wall
along the roadside, ingress and egress from Pinta Court, size ofproposed home's, flag lot configuration, and
the elimination of actual or perceived double fronting lots.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of.Los Gatos,
California held on the 19t" day of June, 2000 by the following vote.
COUNCIL MEMBERS:
AYES: Jan Hutchins, Joe Pirzynslci, Mayor Steven Blanton.
NAYS: None
ABSENT:
Randy Attaway, Linda Lubeck
ABSTAIN: None
SIGNED:
ivlr~ i ~~ yr ln~ 1 v vv iv yr
LOS GATOS, CALIFORNIA
ATTEST
. ~
CLERK OP TF~E TOWN OF LO ' ATOS
LOS GA'l,~S, CALIFORNIA
S:WTY619,24
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