2002-030- Denying An Appeal Of The Planning Commission Approving Construction Of A New Residence On 25 Charles StRESOLUTION 2002 - 30
RESOLUTION DENYING AN APPEAL OF A DECISION OF THE PLANNING
COMMISSION APPROVING CONSTRUCTION OF A NEW RESIDENCE WITHIN THE
REQUIRED SETBACKS ON A NONCONFORMING LOT AND TO HAVE THE REQUIRED
PARKING WITHIN THE REQUIRED SETBACKS ON PROPERTY ZONED R-i :8
.r. ARCHITECTURE AND SITE APPLICATION: 5-01-65
VARIANCE .APPLICATION: V-01=02
PROPERTY LOCATION: 25 CHARLES STREET
PROPERTY OWNER: TOWN OF LOS GATOS
APPLICANT: SILICON VALLEY HABITAT FOR HUMANITY
APPELLANT: E. GARY SCHLOH, ET AL.
WHEREAS:
A. This matter came before Council for public hearing on March 4, 2002, on an appeal
by Gary Schloh, et al. (Appellant) from a decision of the Planning Commission and was regularly
noticed in conformance with State and Town law.
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 and the packet
of material contained in the Council Agenda Report dated February 27, 2002, along with subsequent
reports and materials prepared concerning this application.
C. Applicant is requesting Architecture and Site approval to construct a two story 1,254
square foot single family residence within the required front and rear setbacks on a triangular shaped
nonconforming lot. The applicant is also requesting approval of a variance to allow parking within
the required setbacks.
D. The Planning Commission first considered these applications on October 24, 2001
and continued the .matter with specific direction for revision to the plans. On .January 9, 2002, the
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Commission considered the revised plans and found that the applicant met their directions, made the
required findings and approved the applications.
E. Appellant claims thatthe basis for the appeal is thatthe neighbors and homeowners
failed to receive any prior notice of plans to purchase the subj ect property, develop the site, and that
the .granting of .any variances are unprecedented.
F. Council finds as follows:
1. Pursuant to Section 29.20.170 of the ,Town Code, that because of special
circumstances applicableto the property, including size, shape, topography, location orsurroundings,
the strict application of this ordinance deprives suckproperty of privileges enj oyed'by other property
in the vicinity .and under identical zone; and, that the .granting of a variance would not constitute a
grant of special privileges inconsistent with the limitations upon other property in the vicinity and
zone. In making this finding, Council adopts and .incorporates herein the factual findings made by
the Planning Commission in approving this .matter on January 9, 2002. In addition, due to the small
size .and depth of the triangular shaped lot on which the project is proposed, the two off street
:parking space requirement for new single-family homes cannot be met without allowing the
driveway to be placed within the front setback. Further, :granting the variance would make the
proposed house consistent with :many of the existing homes in the Charles Street and Bella Vista
neighborhood, which were constructed. on small lots and are located close to the street, especially
the houses at the northwest and southwest corners of Charles Street and Los Gatos Boulevard, with
parking located within what would otherwise be considered front setback areas. Evidence of these
facts is found in the Council Staff Report dated February 27, .2002.
2. Pursuant to Section IV.B of the Redevelopment Plan -for the Central Los Gatos
Redevelopment Project, that the project meets the use set forth in the Town's General Plan. This
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is evident from the fact that the site is zoned for residential uses, which is consistent with the Land
Use Element of the General Plan. The construction of this single-family home, which is to be deed
restricted for 30 years to ensure long-term affordability for very low income persons, is consistent
with a number of the .goals .and policies of the Housing Element of the General Plan, including
_ H.G.1.1, H.P.I.2, H.P. L6, H.P.1.8, H.P.1:9, H.L 1.2, H.L 1.10, H.L 1.11., and H.G.3.3.
3. Pursuant to Section 29.20.150 of the Town Code, the considerations for approval of
Architectural and Site applications have been made.
4. The project is categoricallyexemptpursuant to State Environmental Guideline section
15303 as adopted by the Town because the project is in an area fully served to allow maximum
development under the 'Town's General Plan and the project .area is a long standing residential
neighborhood that is not environmentally sensitive.
G. The .Planning Commission decision was correct.
RESOLVED:
1. The appeal of the decision of the Planning Commission on .Architecture and Site
Application S-O1-65 and Variance Application V-091-2 is denied. The Conditions of Approval
found at Exhibit 2 of the Staff Report on this. item number 19 dated February 27, 2002 are hereby
applied to this application.
2. The decision constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1-094.6 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 xegular meeting of the Town Council of the Town of Los
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Gatos, California, on the 18t" day of March, 2002 by the following vote.
COUNCIL MEMBERS:
AYES: Steven Blanton, Sandy Decker, Steve Glickman, Joe Przynski,
Mayor Randy Attaway.
NAYS : None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF E TOWN LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
...--
CLERK OF TILE TOWN OF LOS GATOS
LOS GAT'OS; CALIFORNIA
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