2004-108- Denying An Appeal Of A Planning Commission Decision Approving Construction Of A Second Story Addition To A Pre 1941 Residence On Property Zoned R-1d Architecture And Site Application S 04-21 Property Location 642 San Benito Avenue ProRESOLUTION 2004 -108
RESOLUTION DENYING AN APPEAL OF A PLANNING COMMISSION
DECISION APPROVING CONSTRUCTION OF A SECOND :STORY
ADDITION TO A PRE-1941 RESIDENCE ON PROPERTY ZONED R-1D.
ARCHITECTURE AND SITE APPLICATION 5-04-21.
PROPERTY LOCATION: 642 SAN BENITO AVENUE.
PROPERTY OWNER/APPLICANT: THOMAS SCHAUB.
APPELLANT: JULIE LIVINGSTON.
WHEREAS:
A. This. matter came before Council for public hearing on August 2, 2004 , on an appeal
by Julie Livingston, 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 July 21, 2004, along with subsequent
reports and materials prepared concerning this application.
C. The applicant is requesting approval to add 521 square feet to the first floor and to
construct a new 775 square foot second story to an existing'953 square foot single story, pre-1941
residence for a total living area of 2,249 square feet. The .applicant also proposes to construct a 731
square foot basement and a 462 square foot, two-car detached garage.
D. On May 26, 2004, the Planning Commission approved the application subject to
conditions.
E. Appellant claims that the Planning Commission erred or abused its discretion and
erroneously failed to consider the surrounding neighbors concerns for the solar access.
F. The Planning Commission decision was correct. The findings of the Commission are,
by this reference, incorporated herein.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Architecture and Site
Application 5-04-21 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 tune 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 1$~'' day of August, 2004 by the following vote.
COUNCIL MEMBERS:
AYES: Sandy Decker, Diane McNutt,. Joe Pirzynski, Mike Wasserman,
Mayor Steve Glickman.
NAYS.: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
~-v~ A ~~j ,...,
CLERK OF THE TOWN OF L S GAT
LOS GATOS, CALIFORNIA '