2002-067-Denying An Appeal Of A Decision Of The Planning Commission Approving A Request To Construct A New Single Family Residence On Property Zoned R-1:8RESOLUTION 2002 - 67
RESOLUTION DENYING AN APPEAL OF A DECISION OF THE
PLANNING COMMISSION APPROVING A.REQUEST TO CONSTRUCT
ANEW SINGLE-FAMILY RESIDENCE ON PROPERTY ZONED R-1:8
PROJECT APPLICATION: 5-00-1.23
PROPERTY LOCATION: 315 PENNSYLVANIA AVENUE
PROPERTY OWNER /APPLICANT: MICHAEL GRABILL
APPELLANT: ELMER CHAPSON
WHEREAS:
A. This matter came before Council for public hearing on Apri115, 2002 , on an appeal by Elmer
Chapson (Appellant) .from a decision of the Planning Commission and was regularly noticed in conformance
with State and Town law. The Commission's decision followed a remand from Council, which .had
overturned the Commission's decision on June 27, 2001, approving the application. Council' decision to
overturnthe Commission's prior decision was based on a lack ofinformation sufficient to justify the removal
of a large oak tree, as would be necessitated by the plans approved by the Commission.
B. Council received testimony and documentary evidence from the appellant and all interested
persons who wished to testify or submit documents. Council considered all testimony and materials
submitted, including the record of the'Planning Commission proceedings andthe packet of material contained
in the Council Agenda Report dated Apri13„ 200.2 and IDesk Item dated Apr115, 2002, along withsubsequent
reports and materials prepared concerning this application.
C. The applicant is requesting approval toconstruct atwo-storyresidence on a 9,000 square foot
undeveloped parcel zoned R-1:8. The proposed structure will include a 1,964 square foot first floor and a
655 square foot second floor, totaling 2,619 square feet. There is also a 1,019 square foot cellar and a 584
square: foot detached garage.
D. Planning Commission considered the application on December 5, 2001 and continued the
matter to February 27, 2002 for further revisions. On February 27, 2002, the Commission re-approved the
plans for the home originally approved on June 27, .2001. The Commission's decision came after it
considered an alternate plan tha~ . ould not require the removal of the larg~ ~k tree, but would, nevertheless,
produce a home of inferior design and, ultimately, still result in the loss of the tree.
E. Appellant claims that the Planning. Commission erred or abused its discretion and did not
have discretion to .modify the Council's direction concerning. the size and incompatibility and loss of oak
trees..
F. The Planning Commission decision was correct. The findings of the Commission are, by this
reference, incorporated herein.
RESOLVED:
1. The appeal ofthe decision of the Planning Commission on Architecture and Site Application
5-00-I23 is denied.
2. The decision constitutes a final .administrative decision pursuant to Code of Civil Procedure
section 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 section 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 6t" day of May, 2002 by the following vote..
COUNCIL MEMBERS:
AYES: Steven Blanton, Steve Glickman, Mayor Randy Attaway.
NAYS: Joe Przynslci.
ABSENT: None
ABSTAIN: Sandy Decker.
SIGNED:
MAYOR THE TO OF LOS GATOS
LOS GATOS, CALIFO IA
ATTES~GZ~ta.~x~
CLERK OF TH-E TOWN OF LOS G OS
LOS GATOS, CALIFORNIA